For the purpose of this Chapter, certain terms and words are herewith defined as follows: words in the present tense include the future; words in the singular number include the plural, words in the plural number include the singular; the word "building" includes the word "structure" but does not include pole lines and fences; and the word "shall" is mandatory and not directory.

"Accessory structure" means a structure which is subordinate to (including but not limited to smaller in floor area, building bulk and lot coverage) the principal structure and is maintained on the same lot and under the same ownership as a principal structure.

Figure 1: Accessory Structure

"Accessory use" means a use which is subordinate in area, extent, and purpose to the principal use and is clearly incidental to the principal use; and is conducted on the same lot and by the same entity as a principal use.

Acreage, Gross. "Gross acreage" means:

(a)

The total area in acres of a tract of land, including all nonresidential land uses (such as required detention basins, park sites, religious institutions, educational institutions, agricultural uses, governmental uses), and further including the rights-of-way of publicly dedicated streets and all other dedicated public lands required under the Wheeling Municipal Code; and

(b)

Shall expressly exclude all ponds and water surfaces existing on the property prior to development (whether natural or man-made) but shall include detention basins, so long as such detention basins or areas are not presently under water.

Acreage, Net. "Net acreage" means the total acreage of a tract of land that is available for development. "Net acreage" shall exclude detention basins, retention basins, and any land dedicated to public use as a right-of-way or public access easement.

"Adult day service" means a facility that provides daytime meal services, transportation, health monitoring, medication supervision, personal care and recreational/therapeutic activities, for adults who want to remain in the community but who cannot be home alone during the day due to a physical, social and/or mental impairment. Does not include medical office, medical service facility, or nursing home.

Adult Entertainment Establishment. (See "Entertainment Establishment, Adult") means and includes "entertainment establishment, adult" and "retail establishment, adult."

Adult Retail Establishment. (See "Retail Establishment, Adult").

"Airport" means the Chicago Executive Airport located partially in the village of Wheeling, Illinois and partially in the city of Prospect Heights, Illinois, Range 11, East of the Third Principal Meridian, Cook County, Illinois.

"Alley" means a way which affords only a secondary means of access to abutting property.

"Alteration" (see also "Structural Alteration") means any construction which would result in a change in height or lateral dimensions of an existing structure.

"Ambulance service" means a privately owned facility for the dispatch, storage and maintenance of emergency medical care vehicles.

"Animal boarding facility" means an establishment in which more than three dogs or three cats, or any combination thereof, over the age of five months may be kept for boarding, breeding, safekeeping, convalescence, humane disposal, placement, sale or sporting purposes.

"Animal grooming or training facility" means an establishment providing bathing, trimming or training services for domestic animals on a commercial basis. This term includes the boarding of domestic animals for a maximum period of forty-eight hours incidental to the grooming or training services provided.

"Animal hospital/clinic" means an establishment providing medical and surgical treatment of domestic animals, including grooming and boarding for not more than thirty days if incidental to the medical care. This term also includes an animal crematorium.

"Annexed area" means any area of land that has been incorporated into the village of Wheeling resulting in a change of the boundaries of the village.

"Antenna" means equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omnidirectional "whip" antennae. Does not include small cell antenna.

"Antenna, small cell" means a personal wireless telecommunications facility consisting of an antenna and related equipment either installed singly or as part of a network to provide coverage or enhance capacity in a limited defined area. Such facilities are regulated in Title 11, Rights-of-Way, Streets, and Sidewalks, of the Wheeling Municipal Code.

"Antenna support structure" means any building, pole, telescoping mast, tower, tripod, or any other structure which supports an antenna.

"Applicant" shall mean, unless otherwise specified, an owner or other person with a legal property interest, including, a subdivider, developer, or other agent of the landowner, who has filed an application for subdivision or development.

"Appurtenance" as used in this Title with reference to mobile homes, anything added to the exterior of a mobile home (with the exception of metal awnings) is an appurtenance.

"Artist studio" means work space for one or more artists or artisans, including the accessory sale of art produced on the premises.

"Assembly hall" means an establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduation parties and business or retirement functions. This term includes, but is not limited to, a banquet hall, rental hall, nonalcoholic social club, nondenominational chapel or a meeting space for a club or membership organization. This term does not include a convention center.

"Bank or other financial institution" means an establishment providing retail banking, credit and mortgage services. This term does not include a currency exchange, a payday loan agency or a title loan agency (see definitions for currency exchange and short-term lending facility).

"Basement" means a story having part but not more than one-half its height below ground line. A basement is counted as a story for the purpose of height regulation if subdivided and used for business.

"Bed and breakfast" means an operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent and in operation for more than ten nights in a twelve-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.

"Bedroom" means any spaces or room designed for sleeping purposes, whether or not such room or space is open and accessible to other rooms or spaces.

"Board of appeals" means an officially constituted body whose principal duties are to hear appeals, and where appropriate, grant variance from the strict application of the zoning ordinance. This is the short form of the name, village of Wheeling board of zoning appeals. In the village of Wheeling, the plan commission acts as the board of appeals.

"Boardinghouse" means a building other than a hotel where, for compensation, meals, or lodging and meals are provided for more than two but not more than ten persons.

"Broadcasting or recording studio" means an establishment containing one or more broadcasting studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. This term does not include a transmission tower.

"Buffer" means open spaces, landscaped areas, fences, walls, berms, or any combination thereof, used to physically separate or screen one use or property from another use or property to visually shield or block noise, light, or other potential nuisances.

Figure 2: Example of a Buffer Between Different Use Types

"Bufferyard" means the space in which required buffering is located. Bufferyard width, design and location are set forth in Section 19.11.020 of this Title.

"Building" means any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

"Building bulk regulations" means restrictions controlling the size of buildings or other structures and the relationship of buildings, structures and uses to each other and to open areas and lot lines. Bulk regulations include restrictions controlling:

(a)

Maximum height;

(b)

Maximum lot coverage;

(c)

Minimum size of yards.

"Building line" means an imaginary line drawn parallel to a straight lot line or tangent to a curved lot line, at the closest point of any principal building or structure on the site.

Building, Principal. "Principal building" means a nonaccessory building in which the principal use of the lot is conducted.

"Business" means any lawful commercial endeavor to engage in the manufacture, purchase, sale, lease, or exchange of goods and/or services.

"Business offices" means an office, in which only normal clerical functions, or professional services are performed, and specifically eliminating therein the sale, repair, or manufacture of articles for sale either on the premises, or elsewhere.

"Business service" means an establishment providing services, including but not limited to advertising or similar professional services, business equipment and furniture sales, printing and photocopy services, mailing and shipping services, photography studio, or other professional services or activities.

"Cabana" means a room enclosure of traditional construction erected or constructed adjacent to a mobile home for residential use by the occupant of the mobile home.

"Caliper" refers to the diameter of a tree. In nursery-landscape practice, caliper is measured six inches above the ground level up to and including four-inch diameter size, and twelve inches above the ground level for larger sizes.

"Cannabis craft grower" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at dispensing organizations or use at processing organizations, as defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1), as it may be amended from time-to-time, and regulations promulgated thereunder.

"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 other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments, as defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Cannabis dispensary" means a facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to dispense cannabis for medical use, paraphernalia, and related supplies and educational materials to registered patients, as defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Cannabis 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, as defined in the Cannabis Regulation and Tax Act (410 ILCS 705/1), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Car sharing facility" means a public or private parking stall reserved for the storage of a car sharing vehicle. The configuration of car sharing facilities is subject to the restrictions of this Title (see Appendix A, Use Table, and Section 19.10.060(k)).

"Car sharing vehicle" means a passenger vehicle, up to eighteen feet in total length, that is owned or leased by a car sharing organization. Such vehicles shall be made available to the members of the car sharing organization, with membership available to the general public.

"Car wash" means an establishment providing washing, waxing or cleaning of light motor vehicles, including access and queuing lanes.

"Caregiver" shall mean the individual directly responsible for the care of the children in a child care service or day care home.

"Catering service" means an establishment providing the processing, assembly and packaging of food into servings for consumption off-premises without provision for on-site pickup or consumption. This term includes, but is not limited to, the preparation of meals by a catering business or by a nonprofit organization operating a meal program.

"Cellar" means a story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

Centerline, Street. "Street centerline" means an imaginary line that is equidistant from the boundaries of the street (alley, runway, etc.) or as otherwise established on the official map.

"Change of use" shall mean any use that substantially differs from the previous use of a building or land in terms of, for example, required parking, landscaping, drainage, and particularly in terms of the new use's overall effect on the surrounding neighborhood and zoning district purpose.

"Chicken coop" means an accessory building providing indoor space for hens to sleep and lay eggs where they are kept safe and secure as licensed pursuant to Section 7.11.010.

"Child care service" means a family home in which care is provided for three or less children for less than twenty-four hours per day. The maximum of three children includes the family's natural, foster, or adopted children and all other persons under the age of twelve. This term includes homes that receive only children from a single household. This term does not include a day care home.

"Clubs and lodges" means a nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available. Where properly licensed under existing village ordinance, the consumption of intoxicating beverages by members of such club or lodge or their guests may be permitted.

Collector Street. (See "Street, Collector").

"College" means an educational institution authorized by the state to award baccalaureate or higher degrees, or any campus of the state vocational, technical, and adult education system. This term includes any classroom, laboratory (including crematories for educational and instructional purposes), sporting facility, or office associated with such institution. This term does not include a dormitory.

"Co-location" means the location of wireless telecommunications equipment from more than one provider on a common tower, building or structure.

"Community center" means a building or group of buildings operated by a public or nonprofit group or agency and used for recreational, social, educational or cultural activities.

"Comprehensive plan" means a comprehensive, long-range plan intended to guide the growth and development of the village of Wheeling.

"Compressed natural gas (CNG) fueling station" means a commercial facility dispensing compressed natural gas via means of quick-fill technology to a limited number of third party vehicles whose drivers have been trained and licensed to dispense CNG by the owner of the CNG fueling station pursuant to training and licensing standards approved by the village. Subject to the requirements of the Life Safety Code.

"Concrete/asphalt plant" means a facility for the mixing and crushing and the storage and transporting of raw or recycled aggregate, along with concrete, and liquid asphalt to make asphalt cement concrete (A.C.C.) or concrete for the purpose of sale.

"Condominium" means a building or group of buildings, in which the dwelling units, offices, or floor areas are owned individually, and the structure, common areas, and facilities are owned by all of the owners on a proportional, undivided basis.

"Condominium association" means the community association that administers and maintains the common property and common elements of a condominium.

"Conforming building or structure" means a building, or other structures, which is designed or intended for a conforming use and which complies with all the regulations of this Title, or of any amendment hereto, governing use, lot size, building bulk and off-street parking and loading for the zoning district in which such building or structure is located.

"Conforming use" means any lawful use of a building or lot which complies with the provisions of this Title.

"Construction" means the erection or alteration of any structure either of a permanent or temporary character.

"Contractor service" means an establishment that maintains a permanent business office engaged in providing the following services, and may include the storage and maintenance of equipment and other materials customarily used in the provision of said services:

(a)

Construction-related services on an individual or commercial basis; including but not limited to general contracting, carpentry, mechanical, electrical, plumbing, roofing, masonry, painting, other construction trades, or fabrication excluding manufacturing (light, medium, or heavy) and motor vehicle related establishments.

(b)

Services that support the routine maintenance, cleaning, repair and general upkeep of buildings and property; including but not limited to janitorial and custodial services, pest control, extermination, cleaning/disinfecting services, landscaping and lawn maintenance, carpet and upholstery cleaning, or security and alarm monitoring services.

(c)

Repair, installation, or servicing of commercial grade equipment, or similar large scale machinery and equipment, including but not limited to hydraulic systems, electrical systems, printer and copier repair service, medical and dental equipment servicing, telecommunications equipment repair, and point-of-sale system repair, excluding motor vehicle (heavy and light) repair facility, body shops, and household maintenance and repair service.

Contractor. (See "contractor service").

"Convenience store" means any retail establishment offering for sale prepackaged food products, household items, sundry items, and other goods commonly associated with the same, and which may also sell gasoline; operated primarily for the convenience of the motoring public, walk-in shopper, or someone purchasing a few items.

"Convention and exposition center" means a commercial facility used for assemblies or meetings of the members or representatives of groups, including exhibition space. This term does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are primarily used by group members.

Corner Lot. (See "Lot, Corner").

"Cultural institution" means a nonprofit institution that displays or preserves objects of interest to the arts or sciences. This term includes, but is not limited to, a museum, art gallery, aquarium or planetarium.

"Curb line" means the line that is represented by the back of the curb.

"Currency exchange" means any entity, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. A person who provides these services incidental to the person's primary business is not included in the definition if the charge for cashing a check or draft does not exceed one dollar or one percent of the value of the check or draft, whichever is greater.

"Day care center" means an establishment in which the operator is provided with compensation in return for providing one or more individuals with care for less than twenty-four hours at a time. The term includes, but is not limited to, a day nursery, nursery school, or other supplemental care facility. This term does not include a family day care home or adult day care center (see "Adult day services").

"Day care home" means a family home which receives more than three up to a maximum of eight children for less than twenty-four hours per day. The number counted includes the family's natural, foster, or adopted children and all other persons under the age of twelve. The term does not include facilities which receive only children from a single household.

"Deck" means an unenclosed exterior structure which is attached or adjacent to the exterior wall of a building, which has a floor but no roof.

"Density" means the numerical value obtained by dividing the total number of dwelling units in a development by the gross acreage of the actual tract of land upon which the dwelling units are to be located.

"Developable area" means the total area of a parcel or group of parcels, minus any undevelopable areas including wetlands, floodplains, steep slopes, or other natural resource areas.

"Developer's agreement" means an agreement by a developer with the village that clearly establishes the developer's responsibility regarding project phasing, the provision of public and private facilities, improvements and any other mutually agreed upon terms and requirements.

"Developmental disability" means a physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such impairment, but such term does not include current use of, nor addiction to, a controlled substance.

"District" means a portion of the territory of the village of Wheeling within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Title.

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

Double Frontage Lot. (See "Lot, Double Frontage").

"Drive-through facility" means a facility which is used for dispensing services or products to customers in motor vehicles. Such facility may require access lanes, signing, lighting and audio systems. This term does not include a drive-in theater.

"Driveway" means that portion of a lot paved with asphalt, concrete, or other surface approved by the village, used for the purpose of parking, ingress and egress to a carport, garage, parking area, or loading and unloading area for vehicles.

"Dry cleaning establishment" means an establishment which launders or dry cleans articles dropped-off on the premises directly by the customer or where articles are dropped-off, sorted and picked up but where laundering or cleaning is done elsewhere.

Dwelling, Duplex. (See "Dwelling, two-family").

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building containing three or more dwelling units whose residents live independently of one another.

Figure 3: Examples of Multiple-Family Dwelling

Figure 3a: Quadruplex

Figure 3b: Townhouse

Figure 3c: Coach House or Manor Home

Figure 3d: Condominiums or Apartments

Dwelling, Single-Family. "Single-family dwelling" means a building containing one dwelling unit only.

Figure 4: Example of Single-Family Dwelling

Dwelling, Two-Family. "Two-family dwelling" means a building designed for or occupied exclusively by two families living independently of one another.

Figure 5: Example of Two-Family Dwelling

"Dwelling unit" means a structure or portion thereof designed and built as a complete, self-sufficient living facility for one family, including permanent provisions for sleeping, eating, cooking and sanitation. Units in a hotel or motel are not to be counted as dwelling units.

"Easement" means a grant by a property owner to allow use by the public, a corporation, or persons for specific purposes such as the construction, maintenance, and repair of utilities, drainageways and roadways.

"Egress" means an exit.

"Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy that is stored on the vehicle.

"Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. Subject to the regulations described in Section 19.10.060(l).

"Elevation (distance)" means a vertical distance above or below a fixed reference level.

"Elevation (drawing)" means a fully dimensioned drawing of the front, rear, or side of a building or other structure showing features such as windows, doors, and the relationship of the grade to the floor level.

"Entertainment establishment" means an establishment that features the viewing of or participation in activities other than eating or drinking that become a primary function of the business more than ten times in a calendar [year]. Activities could include, but are not limited to, dancing, performances, or any event that draws a large number of people. Includes venues specifically designed for entertainment as well as establishments, such as restaurants or taverns, that serve a different function during most operating hours.

Entertainment Establishment, Adult. "Adult entertainment establishment" means an establishment providing nude dancing or other live or recorded performances that depict, describe or relate to specified sexual activities as defined herein.

Entertainment, Incidental. "Incidental entertainment" means the viewing of or participation in activities, other than eating or drinking, that is incidental to the primary function of the business. Incidental entertainment may include, but is not limited to, live or recorded background music.

"FAA" means the Federal Aviation Administration of the United States government.

"Facade" means the exterior wall of a building that is exposed to the public view or the wall viewed by persons not in the building.

"Family" means:

(a)

An individual or two or more persons related by blood, marriage, domestic partnership, or adoption, and including not more than two boarders or lodgers, living together as a single housekeeping unit in a dwelling unit, or

(b)

A group of not more than four persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit; plus, in either case; or

(c)

A group of not more than eight persons with developmental disabilities who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit; plus in all cases, usual domestic servants or attendant support staff. In all cases, shall be located a minimum of one-eighth mile from any other similar housekeeping unit.

"Farmers' market" means a designated area where, on designated days and times, growers and producers may sell directly to the public, in accordance with the village regulations within Title 4, Taxes, Business Regulations, and Licenses, and Title 5, Health and Sanitation, of the Wheeling Municipal Code.

"Fence" means a structure which is a barrier and is used for purposes of privacy, protection or confinement.

"Fence, decorative" means any fence having a regular pattern that has more than thirty percent of the surface open and unobstructed to vision, light and air, when viewed perpendicular to the plane of the fence and intended primarily for aesthetic purposes.

"Fence, solid" means any fence having a regular pattern that has less than thirty percent of the surface open and unobstructed to vision, light and air, when viewed perpendicular to the plane of the fence and intended primarily for privacy or security purposes.

"Flea market" means a building or open area in which stalls or sales areas are set aside, rented or otherwise provided and which are intended for use by various individuals to sell articles that are, but not necessarily limited to, homemade, homegrown, handcrafted, old, obsolete or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.

"Floor area" for the purpose of determining the number of required off-street parking spaces and loading berths, means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, which are:

(a)

Devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks or closets;

(b)

Any basement floor area devoted to retailing activities; and

(c)

Floor area devoted to the production or processing of goods, or to business or professional offices. For this purpose, floor area shall not include:

(1)

Floor area devoted primarily to storage purposes (except as otherwise noted herein),

(2)

Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space, or

(3)

Basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices;

(d)

Ground floor area, in the case of a single-family detached dwelling or a two-family dwelling, shall be measured from outside wall to outside wall and shall include utility areas, but should not include garage areas or utilities accessible only from the outside of the main dwelling area;

(e)

Floor area shall be measured in multiple dwellings from inside wall to inside wall in all private living spaces, and shall not include public halls or utility areas other than closets and other similar storage spaces.

Front Lot Line. (See "Lot Line, Front").

Front of Corner Lot. (See "Lot, Front of Corner").

"Frontage" means all of the property abutting on a street measured along the street line.

"Funeral home" means an establishment providing services involving the care, preparation or disposition of human dead. This term includes mortuaries but not crematoriums.

"Furniture and appliance rental and leasing" means an establishment providing the rental or leasing of furniture, electronics, small appliances, major appliances or other household items. This term includes incidental storage and maintenance of such items.

"Gaming establishment" means an establishment at which gambling activities, pursuant to the state of Illinois regulations, are the primary business conducted on the premises. This term does not include a tavern, restaurant, or entertainment establishment as defined herein.

Garage, Private. "Private garage" means an accessory building or a portion of the principal building used for vehicular storage only and subject to the following limitations:

(a)

A private garage may house no more than one commercial vehicle;

(b)

Space may be rented for not more than one vehicle other than those belonging to the owner(s) or occupant(s) of the principal building;

(c)

The owner(s) or occupant(s) of the private garage may use it for personal vehicle service but may not use it as a place of employment for performing repairs on vehicles other than those belonging to the owner(s) or occupant(s) of the principal building.

Garage, Storage. "Storage garage" means a building or portion thereof, other than a private garage, used exclusively for parking or temporary storage of self-propelled vehicles.

"Garden supply or landscaping center" means an establishment providing the retail sale of plants and the sale or rental of garden and landscape materials and equipment. This term includes outdoor storage of plants, materials or equipment.

"Gas station" means an establishment providing retail sale of fuel for motor vehicles, but not motor vehicle maintenance or repair work on the premises. This term includes accessory retail sales, commonly referred to as a convenience store, but does not include a fast food restaurant.

General Office. (See "Office, General").

General Retail Establishment. (See "Retail Establishment, General").

Government Office. (See "Office, Government").

Gross Acreage. (See "Acreage, Gross").

"Ground transportation service" means an establishment providing the storage, maintenance or dispatching of:

(a)

Public passenger vehicles;

(b)

Vehicles licensed or otherwise regulated as human service vehicles by the state of Illinois and used for the transportation of elderly or handicapped persons;

(c)

School buses;

(d)

Tow trucks.

Ground Transportation Service, Dispatch Office. "Dispatch office of ground transportation service" means an establishment providing the dispatch office or administration office for a fleet of:

(a)

Public passenger vehicles;

(b)

Vehicles licensed or otherwise regulated as human service vehicles by the state of Illinois and used for the transportation of elderly or handicapped persons;

(c)

School buses;

(d)

Tow trucks.

This term does not include a small or large ground transportation service.

Ground Transportation Service, Large. "Large ground transportation service" means an establishment providing the storage, maintenance or dispatching of:

(a)

Public passenger vehicles;

(b)

Vehicles licensed or otherwise regulated as human service vehicles by the state of Illinois and used for the transportation of elderly or handicapped persons;

(c)

School buses;

(d)

Tow trucks.

Ground Transportation Service, Small. "Small ground transportation service" means an establishment providing the storage or dispatching of:

(a)

Public passenger vehicles;

(b)

Vehicles licensed or otherwise regulated as human service vehicles by the state of Illinois and used for the transportation of elderly or handicapped persons;

(c)

School buses.

Vehicle storage is limited to operable and licensed vehicles only. This term applies to establishments with a maximum fleet size of six vehicles with a maximum length of twenty-four feet.

"Health clinic" means a group of associated offices for four or more physical or mental health care professionals who provide specialized diagnostic, testing, physical therapy or treatment services, including clerical and administrative services, to persons for periods of less than twenty-four hours. This term includes urgent care clinics and does not include a medical office or hospital.

"Health Club" means an establishment that allows members to use equipment and facilities for exercising and improving physical fitness. For facilities accommodating twelve or fewer persons, see "Recreational and Instructional Facility—Small."

Height, Building. "Building height" means the vertical distance measured from the average grade at the front wall of a building to:

(a)

The highest point of the coping of a flat roof;

(b)

The deck line of a mansard roof;

(c)

The mean height level between eaves and ridge for gable, hip or gambrel roofs.

Home Day care. (See "Day care home").

"Home improvement center" means an establishment providing the sale or rental of building supplies, construction equipment or home decorating fixtures and accessories. This term includes a lumber yard or a contractors' building supply business and may include outdoor storage or tool and equipment sales or rental. This term does not include an establishment devoted exclusively to retail sales of paint, wallpaper or hardware or activities classified under vehicle/equipment sales and services, including vehicle towing services.

"Home occupation" means any use of a dwelling unit or residence for the operation of any business or commercial, mercantile or industrial activity or enterprise.

"Hospital" means a state-licensed institution providing primary health services and medical, psychiatric, or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and, as an integral part of the institution, related accessory uses or facilities, including, but not limited to, laboratories, central service facilities for inpatient or outpatient treatment, as well as training, research and administrative services for patients and employees. Also included are health services and care, and services and functions which support health services and care, which are shared with other hospitals or other health care providers.

"Hotel" means an establishment in which at least five rooms or units or at least seventy percent of the accommodations whichever is greater, are regularly used or available for occupancy for periods of less than thirty days or are available for more than thirty days but are not the primary residences of the occupants. This classification includes, but is not limited to, a motor lodge, motel or extended-stay hotel.

"Household maintenance and repair service" means an establishment providing the repair, installation, or servicing of household goods, including but not limited to furniture, appliances, electronics, or lawn and garden equipment.

"Impervious surface" means any hard surfaced man-made area that does not readily absorb or retain water including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks, bicycle paths, and any other paved or concrete surfaces.

"Indoor sales area," for the purpose of calculating outdoor display area, means and includes all areas that are open to the general public without a staff escort, for the display of merchandise and discussion of business matters related thereto.

"Junk" means used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, building materials, furniture, or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

"Landing area" means the area of the airport used for the landing, taking off or taxiing of aircraft.

"Landscape screen" means the use of natural vegetation, such as shrubs, hedges, conifers and similar plantings intended to achieve the effects of a fence.

"Landscaped island" means a landscaped area defined by a curb and surrounded by paving on all sides.

"Landscaped peninsula" means a landscaped area defined by a curb and surrounded by paving on at least two sides.

"Laundromat" means an establishment providing washing, drying or dry cleaning machines on the premises for rental use to the general public for laundering or dry cleaning purposes.

"Library" means a public, nonprofit facility in which literary, musical, artistic or reference materials such as, but not limited to, books, manuscripts, computers, recordings or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale except on an incidental basis.

Liquor Store, Packaged. "Packaged liquor store" means a retail store that sells alcoholic beverages for off-premises consumption. Refers to multiple classes of liquor license, some of which are considered a principal use and some of which are considered an accessory use.

Loading, Off-Street. "Off-street loading" means an area or space that is accessible from a street, alley or way, whether in a building or on a lot, that is set aside for the exclusive use of trucks or other vehicles while loading or unloading merchandise or materials.

"Lodginghouse" means a building where lodging only is provided for compensation to more than two but not more than ten persons.

"Lot" means a parcel of land that is designated by its owner or developer at the time of applying for a zoning certificate (or, if no zoning certificate is required, at the time of applying for an occupancy certificate) as a tract, all of which is to be used, developed, or built upon as a unit under single ownership. So long as it satisfies the requirements of this Title, such lot may consist of:

(a)

A single lot of record; or

(b)

A combination of complete lots of record and portions of lots of record, or of portions of lots of record only.

Figure 6: Types of Lots

"Lot area" means the area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake, river or stream.

"Lot depth" means the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundary.

Figure 7: Measuring Lot Depth

Lot, Corner. "Corner lot" means a lot abutting two or more streets at their intersection. The minimum rear yard requirement shall be applied to the yard opposite the front yard having the least width.

Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two nonintersecting streets.

Lot, Front of Corner. "Front of corner lot" means the side of the lot having the least dimension. If both sides are the same dimensions, the owner shall, at the time he applies for a zoning permit under this Title, choose the street which the lot shall be deemed to front upon.

Lot Line, Front. "Front lot line" means the boundary of a lot which is along an existing or dedicated public street, or, where no public street exists, is along a public way.

Lot Line, Rear. "Real lot line" means the lot line opposite to and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than ten feet long and wholly within the lot. In cases where neither of these definitions are applicable, the zoning administrator shall designate the rear lot line.

Lot Line, Side. "Side lot line" means any boundary of a lot which is not a front lot line or a rear lot line.

"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 Cook or Lake County, or a parcel of land, the deed to which was recorded in the office of such recorder prior to the effective date of the ordinance codified in this Chapter.

"Lot size requirements" mean restrictions controlling the minimum area and minimum width of lots and the density of residential development in terms of dwelling units per acre.

Lot, Through. (See "Lot, Double Frontage").

"Lot width" means the distance between side lot lines measured at the front building setback line along the chord.

Figure 8: Lot Width along the Chord

Manufacturing, Heavy. "Heavy manufacturing" means an establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, where such activity involves the use or production of explosives, highly flammable liquids or gases, or toxic or hazardous materials or produces toxic, hazardous or noxious odors, fumes or dust.

Manufacturing, Light. "Light manufacturing" means an establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment or packaging of food, beverages, alcoholic beverages, textile, leather, wood, paper, chemical, plastic or metal products, but does not include basic industrial processing from raw materials.

Manufacturing, Medium. "Medium manufacturing" means an establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line. This term includes, but is not limited to:

•

Chemical manufacturing;

•

Stonework or concrete product manufacturing;

•

Fabrication of metal products;

•

Manufacturing of agricultural, construction or mining machinery;

•

Motor vehicle manufacturing;

•

Lumber milling;

•

Ship or boat construction.

"Massage Establishment" means an establishment with a fixed location which, as its principal use, provides massage and/or massage therapy services as defined in Title 4, Taxes, Business Regulations, and Licenses, of the Wheeling Municipal Code, Section 4.74.010.

"Massage Establishment, Accessory Use" means an establishment such as a medical office, athletic training facility, or personal service establishment, which provides massage and/or massage therapy services as defined in Title 4, Taxes, Business Regulations, and Licenses, of the Wheeling Municipal Code, Section 4.74.010, as accessory to the principal function of the business.

"Mast" means the portion of the outside antenna system to which the antenna is attached, and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.

"Medical office" means an establishment that provides diagnostic and outpatient medical care on a routine basis, but does not provide inpatient care or procedures. Such facility may be staffed by up to three doctors, dentists, ophthalmologists, optometrists, chiropractors, physical therapists or similar practitioners licensed for practice by the state. This term includes a medical or dental laboratory incidental to the medical office use. See also "health clinic."

"Medical research laboratory" means an establishment providing medical or dental laboratory services or photographic, analytical or testing services for medical or medical research purposes. This term does not include a research and development facility that primarily serves an educational or industrial establishment.

"Medical service facility" means an establishment operated such that physicians are present during less than fifty percent of normal business hours and which provides medical services for the specialized diagnosis, testing and treatment of alcoholism, chemical substance abuse, mental illness or sexually transmitted diseases. This term includes, but is not limited to, a facility offering methadone treatment programs, a prison parole or probation drug treatment distribution center, or a facility where components of human blood are removed and purchased for use in research or the manufacture of consumer or industrial products.

"Medical use of cannabis" means, as defined in the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1) the acquisition, administration, delivery, possession, transfer, transportation, or use of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition, as it may be amended from time-to-time, and regulations promulgated thereunder.

"Mitigation plan" means a strategy developed by the property owner and community development staff, and approved by the zoning administrator, to alleviate or mitigate any negative impacts of the use on surrounding properties.

"Mixed use" means a tract of land, building(s) or structure(s) developed for two or more complementary and integrated uses such as, but not limited to, residential, office, manufacturing, retail, public or entertainment.

"Mixed-waste processing facility" means an establishment engaged in the processing, separating and sorting of recyclable materials from nonhazardous waste streams or from commingled consumer recyclable materials, such as paper, plastics, beverage cans or household metals.

"Mobile home" means a structure equipped for use as a single-family dwelling unit suitable for year-round occupancy and containing water supply, waste disposal and electrical facilities. It is designed for transportation on its own wheels, or on a flatbed, or on other trailers, to arrive at a site to be occupied as a dwelling complete and ready for occupancy except for hooking up to local utility connections, but is not self-propelled.

"Mobile home development" means a parcel of land where two or more mobile homes are occupied or intended to be occupied as residences.

"Mobile home development owner" means the legal and beneficial owners of the real property on which the mobile home park is situated and any person who manages or controls the mobile home park, collectively.

Motor Vehicle, Heavy. "Heavy motor vehicle" means any construction or agricultural equipment, van used for commercial purposes, truck used for commercial purposes or having a cargo capacity or more than one and one-half tons, boat exceeding twenty feet in length or recreational vehicle exceeding three tons in weight, twenty feet in length or having more than six wheels.

"Motor vehicle (heavy) body shop" means an establishment providing the repair or rebuilding of heavy motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building.

Motor Vehicle (Heavy) Parking Lot, Accessory Use. "Accessory use motor vehicle (heavy) parking lot" means surface parking spaces for heavy motor vehicles, along with adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of such vehicles is not the principal use of the premises. This term does not include commercial parking operations, which are a principal use, or parking lots that are used exclusively for the parking of light motor vehicles.

"Motor vehicle (heavy) outdoor storage" means the outdoor storage of operable heavy motor vehicles for more than forty-eight hours. This term does not include a surface parking lot, material reclamation facility, outdoor salvage operation or outdoor storage facility. Screening shall be provided in accordance with the provisions of Section 19.10.070(b)(7)(B) of this Title.

"Motor vehicle (heavy) rental facility" means an establishment where contracts are prepared or reservations accepted for the rental or leasing of heavy motor vehicles. This term includes incidental storage of vehicles, but does not include on-premise maintenance of vehicles or a tool/equipment rental facility. Screening shall be provided in accordance with the provisions of Section 19.10.070(b)(7)(B) of this Title.

"Motor vehicle (heavy) repair facility" means an establishment providing the repair or servicing of heavy motor vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to, the repair or servicing of batteries, tires, mufflers, brakes, shocks, transmissions, engines or upholstery. This term does not include vehicle dismantling or salvage, tire retreading or recapping, or body bumping and painting.

"Motor vehicle (heavy) sales facility" means an establishment providing retail sale of heavy motor vehicles, including incidental storage and maintenance.

Motor Vehicle, Light. "Light motor vehicle" means any motor vehicle used primarily for recreational or personal purposes not exceeding twenty feet in length or having more than six wheels; including but not limited to: an automobile, van, sports-utility vehicle, truck with a cargo capacity of one and one-half tons or less, motorcycle, or boat but not including recreational vehicles as herein defined.

"Motor vehicle (light) body shop" means an establishment providing the repair or rebuilding of light motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building.

"Motor vehicle (light) custom shop" means an establishment providing customization of motor vehicles within an enclosed building; including but not limited to: wheel repair, powder coatings, vinyl wrappings, window tinting, audio/video systems installation, and similar customizing operations to light motor vehicles. This term does not include motor vehicle body shop (heavy and light) or motor vehicle repair facility (heavy and light) operations, vehicle dismantling or salvage, tire retreading or recapping, or body bumping and painting.

"Motor vehicle (light) outdoor storage" means the outdoor storage of operable light motor vehicles for more than forty-eight hours. This term does not include a surface parking lot, material reclamation facility, outdoor salvage operation or outdoor storage facility. Screening shall be provided in accordance with the provisions of Section 19.10.070(b)(7)(B) of this Title.

"Motor vehicle (light) rental facility" means an establishment where contracts are prepared or reservations accepted for the rental or leasing of light motor vehicles. This term includes incidental storage of vehicles, but does not include on-premises maintenance of vehicles or a tool/equipment rental facility. Screening shall be provided in accordance with the provisions of Section 19.10.070(b)(7)(B) of this Title.

"Motor vehicle (light) repair facility" means an establishment providing the repair or servicing of light motor vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to: oil changes and vehicle lubrication; the repair or servicing of batteries, tires, mufflers, brakes, shocks, transmissions, engines or upholstery. This term does not include vehicle dismantling or salvage, tire retreading or recapping, or body bumping and painting.

"Motor vehicle (light) sales facility" means an establishment providing wholesale and retail sale of light motor vehicles, including incidental storage and maintenance.

Motor Vehicle (Light) Sales Facility, Fully Enclosed. "Fully enclosed motor vehicle (light) sales facility" means an establishment providing for the indoor wholesale and retail sale of light motor vehicles, including incidental storage and maintenance. Limited to a maximum of ten vehicles at a given time.

"Motor vehicle transport facility" means an establishment providing for the storage, packaging, distribution, and transportation of motor vehicles by rail or by truck. This term does not include motor vehicle sales.

Multiple-family Dwelling. (See "Dwelling, Multiple-family").

"New development" means any proposed use of vacant land or cleared land for the purposes of constructing a new building.

"Nightclub" means a restaurant or tavern, as defined herein, that is open later than 10:00 p.m., has an occupancy load of fifty or more persons, provides entertainment as defined herein, requires a cover charge, minimum drink order, or similar entry fee more than ten times per calendar year, or derives less than fifty percent of its revenue from the sale of food items.

"Nonconforming building or structure" means a building or structure which does not comply with the lot size requirements and building bulk regulations of this Title or of any amendment thereto.

"Nonconforming use" means a use of land, buildings or structures for a purpose or use which is not permitted by the regulations and restrictions applicable in the district in which the land, building or structure is located.

"Nonprecision instrument runway" means a runway having an established instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in, nonprecision instrument approach procedure has been approved or planned.

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

"Nursery" means any building or lot, or portion thereof, used for the cultivation or growing of plants and all accessory buildings.

"Nursing home" means a facility providing twenty-four-hour skilled nursing care to at least three unrelated persons, including convalescent hospitals but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.

Office, General. "General office" means use of a building for business, professional or administrative offices. A general office is characterized by a low proportion of vehicle trips attributable to visitors or clients in relationship to employees. Examples include, but are not limited to, offices of firms or organizations providing architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment or legal services. This term does not include a bank or other financial institution or the office of a physician, dentist, optometrist or chiropractor.

Office, Government. "Government office" means an administrative, clerical or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of the agency's vehicles.

On-Street Parking. (See "Parking, On-Street").

"Open space" means the area of a lot that is not covered by buildings or impervious surface including, but not limited to, grass, landscaping, gardens or land preserved in a natural state. For the purpose of this Title, open space shall not include areas improved with Grasscrete ^TM or any other semi-pervious concrete surface nor shall it include extensive growth roofing or "green" roofing.

"Outdoor display area" means and includes all areas where vehicles or other merchandise are stored, except those areas which are fully enclosed by a walled building or fencing and landscaping sufficient to fully screen them from view.

"Outdoor merchandise sales" mean retail sale of produce, other foodstuffs or other products, primarily outside an enclosed structure, for more than sixteen days in any calendar year. This term shall not include a motor vehicle sales facility, garden supply or landscaping center, lumber yard, building supply or home improvement center, Christmas tree lot, farmers' market, or sidewalk sales as defined herein.

Outdoor Storage. (See "Storage, Outdoor").

"Owner" means a person other than a lienholder holding legal title to the property.

Parking, On-Street. "On-street parking" means the storage space for a vehicle that is located within the street right-of-way.

Parking, Off-Street. "Off-street parking" means an area or space, accessible from the street, alley or way, whether in a building or on a lot, that is set aside for the exclusive use of the parking of automobiles and other vehicles.

Parking Lot, Accessory Use. "Accessory use parking lot" means surface parking spaces for five or more light motor vehicles, adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of motor vehicles is not the principal use of the premises. This term does not include commercial parking operations, which shall be considered a principal use, or the parking of heavy motor vehicles. Screening shall be provided in accordance with the provisions of Section 19.10.070(b)(7)(B) of this Title.

Parking Lot, Principal Use. "Principal use parking lot" means surface parking spaces for five or more light motor vehicles, and adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of motor vehicles is the principal use of the premises. This term includes both commercial parking operations and private surface parking lots, but does not include the parking of heavy motor vehicles. Screening shall be provided in accordance with the provisions of Section 19.10.070(b)(7)(B) of this Title.

"Parking pad" means surface parking space, typically in a town home development, which is off-street parking designed for use by a specific unit.

Parking Structure, Principal Use. "Principal use parking structure" means parking spaces and adjacent access drives, aisles and ramps that are located in a structure with two or more levels, where the parking structure is the principal use of the premises. This term includes commercial parking operations as well as private parking structures. This term does not include private one-story garages for single-, two- or multifamily dwellings.

"Particulate matter" means dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

"Passenger terminal" means a facility for passenger transportation operations, including but not limited to, a passenger rail station, bus terminal or passenger ship terminal. This term does not include an airport or heliport.

"Pawn shop" means any establishment that lends money on deposit or pledge of personal property, or deals in the purchase of personal property on condition of selling the same back at a stipulated price. Includes businesses that offer cash for property, such as precious metals, as the principal use. Does not include businesses that purchase personal property accessory to a general retail establishment.

"Permit" means a permit issued by the community development department.

"Person" means an individual, firm, partnership, corporation, company, trust, estate, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of the foregoing.

"Personal Service Establishment" means an establishment providing services which are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, day spa, shoe repair shop, seamstress, tailor, or tanning salon. This term does not include a portrait studio, dry cleaning establishment, laundromat, photocopy center, health club, body piercing, tattoo parlor, massage establishment, or repair shop for household items. Establishments with massage services are subject to the regulations referenced in Title 4 of the Wheeling Municipal Code. Establishments such as barber shops, hair and nail salons are subject to the regulations referenced in Title 5 of the Wheeling Municipal Code.

Personal Training. See ("Recreational and Instructional Facility").

"Personal wireless services" mean licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging and similar services.

"Planned development" means a unified tract of land which contains, or will contain when developed, two or more buildings, and which is developed under a single ownership or control for sale or lease by separate parcels.

"Planned unit development (PUD)" means a development of land that is under unified control as it is planned and developed that has received approval through the formal PUD approval process.

"Political subdivision" means any unit of local government or school district, as defined in Article VII of the Illinois Constitution, or any combination of two or more thereof, situated in whole or in part within any of the airport imaginary surfaces established in this Title.

"Porch" means a covered platform, usually having a separate roof, at an entrance to a dwelling.

"Precision instrument runway" means a runway having an established instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR); also a runway for which a precision approach system is planned and is so indicated by an FAA approved layout plan.

"Preconstructed room addition" means a manufactured unit designed and intended for attachment to a particular mobile home for residential use by the occupant of the mobile home.

Principal Building. (See "Building, Principal").

"Private common grounds or areas" mean any land within the planned development which is under the ownership, control and responsibility of the owners or residents of the development either as tenants in common or under a private association, firm or corporation.

Private Garage. (See "Garage, Private").

Property Line. (See "Lot Line").

"Psychic" means pertaining to predictions of the future based on intuitive or mental powers or supernatural influences and not statistical or otherwise empirical evidence.

"Psychic readings" mean a person, firm or corporation engaged in providing psychic services in any of its forms for a fee or admission charge including, but not limited to such activities as fortune telling, astrology, spiritual mediumship, card reading and palmistry.

"Public safety facility" means a government facility for public safety and emergency services including a facility that provides police or fire protection and related administrative facilities.

Rear Lot Line. (See "Lot Line, Rear").

"Recreational and Instructional Facility" means an indoor facility for the participation in and viewing of recreational or instructional activities. Instruction may include, but is not limited to, tutoring, classes, trade/vocational training, dance, athletic training, martial arts, music, or arts/crafts. Recreation may include a variety of sports and activities such as, but not limited to, bowling, target shooting, archery, roller skating, ice skating, trampolines, wall climbing, billiards, golf, and video games. Does not include Health Clubs.

"Recreational and Instructional Facility—Small" means a Recreational and Instructional Facility, as defined above, with the exception of archery and shooting ranges, with a combined occupancy of no more than twelve participants/students and employees at a given time. Viewing areas and waiting areas may be considered in determining the size of a facility.

"Recreational vehicle (RV)" means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motor or is pulled by another vehicle.

"Recycling collection facility" means a facility for the deposit, sorting or batching, but not processing, of post-consumer recyclable materials. This term includes, but is not limited to, a residential self-help, drop-off facility or a transfer station which receives residential solid waste collected by village forces or deposited by village residents.

"Redevelopment" means any proposed expansion, addition, or major facade change to an existing building, structure or parking facility.

"Religious assembly" means a facility where people regularly assemble for religious worship and any incidental religious education, which is maintained and controlled by a religious body organized to sustain public worship. This term does not include an elementary or secondary school, a specialty or personal instruction school, or a college.

"Research and development" means an establishment which conducts research, development or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale or laboratories conducting educational or medical research or testing. This term includes, but is not limited to, a biotechnology firm or a manufacturer of nontoxic computer components.

"Restaurant" means an establishment where food is stored, prepared, and served on premises within a facility in compliance with the state of Illinois Department of Public Health Food Service Sanitation Code and Federal Food and Drug Administration's Food Code, and where such food is consumed at tables located on the premises or packaged and served for consumption off-premises through delivery or take-out. This term includes, but is not limited to, table service dining, quick service dining, carry-out restaurant, coffee shops, sandwich/deli shops, or cafeterias. This term does not include a tavern or gaming establishment as defined herein.

Restaurant, Drive-Through. "Drive-through restaurant" means a restaurant with an accessory drive-through facility as defined in this Chapter.

Retail Establishment, Adult. "Adult retail establishment" means an establishment in which ten percent or more of the gross public floor area is devoted to, or ten percent or more of the stock-in-trade consists of, the following: books, magazines and other periodicals, movies, videotapes, compact discs, digital versatile discs, novelty items, games, greeting cards and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this Chapter.

Retail Establishment, Auto Parts. "Auto parts retail establishment" means an establishment providing retail sale of auto parts and accessories. This term does not include a general retail establishment in which less than ten percent of the gross public floor area is devoted to, or less than ten percent of the stock-in-trade consists of auto parts and accessories.

Retail Establishment, General. "General retail establishment" means an establishment providing for the retail sale of new products to the public and rendering services incidental to the sale of such products. This includes, but is not limited to, a grocery store, specialty food store, antique store, butcher shop, portrait studio, furniture or appliance rental establishment or video rental or sales business. This term does not include an adult retail establishment, home improvement center, garden supply or landscaping center, secondhand store, auto parts store, package liquor store, or tobacco retail establishment as defined herein.

"Rezoning" means an amendment to the map and/or text of the zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.

"Roadway" means the portion of the right-of-way improved, designed, or used for vehicular travel.

"Runway" means a defined area of the airport designated for the landing or taking off of aircraft and consisting of either a specifically prepared hard surface or turf.

Salvage Operation, Indoor. "Indoor salvage operation" means an establishment providing the storage of any equipment, goods, junk, material, merchandise or commercial vehicles within a building for more than forty-eight hours. Such establishment typically performs the dismantling of items for the salvage of useable parts. This term does not include a recycling collection facility, mixed-waste processing facility, material reclamation facility, wholesale and distribution facility or hazardous materials storage. No outside storage is permitted.

School, Personal Instruction. (See "Recreational and Instructional Facility").

School, Specialty. (See "Recreational and Instructional Facility").

"Screen" means a structure, fence or earthen berm used as a visual barrier for the purpose of ensuring privacy, providing a buffering of uses, or affording an aesthetic feature to a development.

Secondary Street. (See "Street, Secondary").

"Secondhand store" means an establishment in which used merchandise is sold at retail. This term does not include a pawn shop, an antique or collectibles store or other general retail establishment.

"Self-storage facility" means a building or group of buildings with controlled access and secured areas which contain individual compartmentalized and controlled access stalls or lockers for the storage of customer's goods or possessions.

"Setback" means the minimum horizontal distance between the building line and the parallel lot line street right-of-way line, whichever is closer.

Setback, Front. "Front setback" means the minimum allowable distance from the ultimate right-of-way line as shown on the official map to the closest point of the foundation of a building, parking lot, sign, or other structure.

Setback, Rear. "Rear setback" means the minimum allowable distance from the rear property line to the closest point of the foundation of a building, parking lot, sign or other structure.

Setback, Side. "Side setback" means the minimum allowable distance from the side property line to the closest point of the foundation of a building, parking lot, sign or other structure.

"Shopping center" means a building or cluster of buildings designed for multi-tenant commercial, retail and compatible service uses.

"Short-term lending facility" means an establishment such as a payday advance or title loan that offers short-term loans or cash advances, secured through collateral such as a personal check or automobile title, typically at a high interest rate.

Side Lot Line. (See "Lot Line, Side").

"Sidewalk sales" mean retail sale of produce, other foodstuffs or other products primarily outside an enclosed structure, for four or fewer consecutive days no more than four times in any calendar year. Sidewalk sales as defined herein are permitted in commercial and mixed use districts.

Single-Family Dwelling. (See "Dwelling, Single-Family").

"Snow plow contractor" means an establishment that maintains a permanent business office along with storing and maintaining equipment and other materials customarily used by the snow plow contractor. An approved site plan designating material storage area and type of materials, equipment location, and type of equipment located on site will be required as part of the approval process.

"Social service facility" means a facility operated by an organization which provides services such as training, counseling, health or the distribution of food or clothing. This term includes, but is not limited to, a facility offering life skills training, substance abuse counseling, housing services or a neighborhood recovery center. This term does not include an emergency residential shelter.

"Special use" means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to the public health, safety or general welfare.

"Special use permit" means a permit issued by the village stating that the conditional use meets all of the conditions of approval.

"Specified anatomical areas" mean less than completely and opaquely covered human genital, pubic region, buttocks, and female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" mean human genitals in a state of sexual arousal or stimulation; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

Sports and Recreation Facility, Indoor. (See "Recreational and Instructional Facility").

Sports and Recreation Facility, Outdoor. "Outdoor sports and recreation facility" means a facility for the outdoor conduct, viewing or participation in recreational activities. Such a facility may include one or more structures. This term includes, but is not limited to, a golf facility, tennis, basketball or volleyball court, soccer, baseball or football field, or amusement park or water park. This term does not include a sports facility or health club.

"State" means the state of Illinois.

Storage Facility, Hazardous Materials. "Hazardous materials storage facility" means an establishment providing warehousing or bulk storage facilities for hazardous, toxic, flammable, explosive or other dangerous materials.

Storage Facility, Indoor. "Indoor storage facility" means an establishment providing indoor storage of materials, vehicles or goods. This term does not include a hazardous materials storage facility or an indoor wholesale and distribution facility. This term includes, but is not limited to, a mini-warehouse or self-storage facility.

Storage Facility, Outdoor. "Outdoor storage facility" means an establishment providing outdoor storage of materials or goods. This term does not include a hazardous materials storage facility, an indoor wholesale and distribution facility or light or heavy motor vehicle outdoor storage.

Storage Garage. (See "Garage, Storage").

Storage, Outdoor. "Outdoor storage" means the storing or maintaining, exterior to any permanent, fully enclosed building or structure of goods, inventory, equipment (excluding semi-trailers in industrial areas) or other tangibles (except vehicles currently licensed by the state of Illinois in the process of delivering or picking up goods or materials or used for transportation purposes by the occupant in connection with the principal use).

"Story" means that portion of the building, other than a cellar or basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above, then the space between the floor and the ceiling next above it.

"Street" means a dedicated public or private right-of-way or a right-of-way subject to public easement.

Street Centerline. (See "Centerline, Street").

Street, Principal Arterial (Major Arterials). "Principal arterial (major arterials) street" means a street designed to carry large volumes of traffic and providing efficient vehicular traffic between areas of the village.

Street, Minor Arterial. "Minor arterial street" means a street designed to carry medium volumes of traffic and providing intra-community vehicular travel between principal arterials and areas of the village.

Street, Collector. "Collector street" means a street that is so designated on the official map of the village, and that is for the purpose of collecting traffic from minor streets within a neighborhood and distributing the traffic to secondary or major streets. A minimum right-of-way width should normally be sixty-six feet.

Street, Major. "Major street" means a street that is so designated on the currently effective official map of the village.

Street, Minor. "Minor street" means any street in the village that is not classified as a principal (or major) arterial, a minor arterial, or a collector street.

Street, Secondary. "Secondary street" means a street that is so designated on the currently effective official map of the village.

"Structural alterations" mean any change in the supporting members of a building or other structure, such as bearing walls or partitions, columns, beams, girders or foundation, or any structural change in the floor, roof or exterior walls.

"Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

"Subdivision" means the division of a lot, tract, or parcel. See Title 17, Section 17.12.380 for complete definition.

"Submersion pool" means a pool such as a whirlpool, hot tub, or cold water pool intended for full body submersion. Facilities with submersion pools are subject to the regulations referenced in Title 5 of the Wheeling Municipal Code.

Substation/Distribution Equipment, Indoor. "Indoor substation/distribution equipment" means a facility, other than a transmission tower and contained entirely within a building, which performs either of the following functions:

(a)

Aids in the distribution of a utility, including but not limited to electric power or telephone service.

(b)

Is used to operate, maintain or provide access to facilities for the transmission of voice, data, text, Internet, sound or full-motion-picture video between network termination points.

Substation/Distribution Equipment, Outdoor. "Outdoor substation/distribution equipment" means a facility, other than a transmission tower and not contained entirely within a building, which performs either of the following functions:

(a)

Aids in the distribution of a utility, including but not limited to electric power or telephone service.

(b)

Is used to operate, maintain or provide access to facilities for the transmission of voice, data, text, Internet, sound or full-motion-picture video between network termination points.

Support Structure. (See "Antenna Support Structure").

"Tavern" means an establishment providing alcohol beverages by the drink to the public, where food or packaged alcohol beverages may be served or sold only as accessory to the primary use. This term does not include an assembly hall or a recreation facility.

"Tenant" means any person who occupies a mobile home on a site in a mobile home park.

"Theater" means an establishment or facility for presenting motion pictures or live performances for observation by patrons. This term includes an outdoor stage, bandshell or amphitheater, but does not include an adult entertainment establishment.

Through Lot. (See "Lot, Double Frontage").

"Tobacco retail establishment" means an establishment providing for the retail sale of tobacco products. Related paraphernalia, including devices to aid in the consumption of tobacco, must be labeled for tobacco use only and shall not exceed twenty-five percent of the total sales floor area. This term does not include on-site consumption of tobacco or use of tobacco related paraphernalia.

"Tool/equipment rental facility" means an establishment providing the rental of tools, lawn and garden equipment, party supplies and similar goods and equipment, including storage and incidental maintenance. This term does not include a motor vehicle rental facility.

"Tower" means any pole, spire, structure, or combination thereof, to which antenna could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces.

"Toxic matter" means material which is capable of causing injury to living organisms by chemical means when present in relatively small amounts.

"Transfer station" means a site or facility that accepts waste for temporary storage or consolidation and further transfer to a waste disposal, treatment or storage facility. Transfer station does not include a site that stores waste on a refuse motor vehicle or in the vehicle's detachable refuse receptacle for no more than twenty-four hours, excluding Saturdays, Sundays, and holidays, but only if the detachable refuse receptacle is completely covered or enclosed and is stored on the same site as the refuse motor vehicle that transported the receptacle to the site.

"Transmission tower" means a structure designed to support one or more reception/transmissions systems. This term includes, but is not limited to, a radio tower, television tower, telephone exchange/microwave relay tower or cellular telephone transmission/personal communications systems tower. Does not include small cell antennas.

"Truck freight terminal" means a facility for truck-based freight service and operations, including but not limited to, local pickup, local sorting and terminal operations, line-haul loading and unloading, destination sorting and terminal operations and local delivery.

Tutoring. (See "Recreational and Instructional Facility").

Two-Family Dwelling. (See "Dwelling, Two-Family").

"Urgent care clinic" means a health care facility owned and operated by a licensed hospital, staffed by trained and licensed medical professionals, and devoted to the diagnosis, treatment and care of persons in need of immediate medical care on an episode basis, which may include laboratory, radiological or other related special or ancillary services, but ordinarily not rendering services to cases of severe trauma nor admitting patients for overnight or long-term inpatient care.

"Use" means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Use, Nonconforming. "Nonconforming use" means a use that lawfully occupied a parcel of land, building, or group of buildings prior to the effective date of this Title and does not conform to the use regulations of the district in which it is located.

Use, Permitted. "Permitted use" means a use which may be lawfully established in a particular district.

Use, Principal. "Principal use" means the main or dominant use of land, a building or other structure as distinguished from a subordinate or accessory use.

Use, Prohibited. "Prohibited use" means a use that is not permitted anywhere within a district.

Use, Similar. "Similar use" means a use that has the same characteristics as the specifically cited uses in terms of traffic generation, parking, utility demands, environmental impact, physical space needs and clientele.

Use, Temporary. "Temporary use" means a use established for a specified period of time with the intent to discontinue the use at the end of the designated time period.

"Variance (variation)" means a grant of relief by the village of Wheeling from the literal requirements of this Title in accordance with the procedures herein when special circumstances, applicable to the property, deprive it from enjoying privileges commonly enjoyed by other properties in the same zoning district.

Vehicle, Commercial. "Commercial vehicle" means a vehicle used or designed to be used for business or commercial purposes.

"Vending machine" means a device that dispenses goods in exchange for payment. Does not include operations which require payment to an attendant. Subject to the regulations of Title 4, Taxes, Business Regulations and Licenses.

Vendor, Mobile Food. "Mobile food vendor" means any vehicle, including those propelled by human power, for the delivery and sale of any food items. Subject to the regulations of Section 19.10.060(h), and Title 5, Health and Sanitation, Chapters 5.08 and 5.18.

"Vibration" means the periodic displacement, measured in inches, of earth.

"Village" shall mean the village of Wheeling, Illinois.

"Vision triangle" shall mean a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedures and no instrument designation indicated on an FAA approved layout plan, or by any planning document, submitted to the FAA by competent authority.

"Warehouse" means a building used for the storage of goods or materials. Warehouses may include the distribution of goods but do not include retail sale of goods.

"Water treatment plant" means an establishment engaged in operating a water treatment plant or operating a water supply system. The water supply system may include pumping stations, aqueducts or distribution mains. The water may be used for drinking, irrigation or other uses.

Wholesale and Distribution Facility, Indoor. "Indoor wholesale and distribution facility" means an establishment providing indoor storage and sale of factory-direct merchandise and bulk goods. This term includes, but is not limited to, mail-order and catalog sales, importing, wholesale or retail sale of goods received by the establishment, and wholesale distribution, but does not include sale of goods for individual consumption.

Wholesale and Distribution Facility, Outdoor. "Outdoor wholesale and distribution facility" means an establishment providing outdoor storage and sale of factory-direct merchandise and bulk goods. This term includes, but is not limited to, mail-order and catalog sales, importing, wholesale or retail sale of goods received by the establishment, and wholesale distribution, but does not include sale of goods for individual consumption.

"Wireless communication facility" means a tract or parcel of land that contains the wireless communications antenna, support structure, accessory buildings, parking, and driveway and may include other uses associated with wireless communications transmissions.

"Yard" means an open space which is unoccupied or unobstructed from its lowest level to the sky, except for permitted obstructions provided in this Title.

Figure 9: Examples of Yards

Figure 9a: Interior Lot

Figure 9b: Corner Lot

Figure 9c: Through Lot

Yard, Front. "Front yard" means a yard extending along the full length of the front lot line between the side lot lines.

Yard, Rear. "Rear yard" means a yard extending along the full length of the rear lot line between the side lot lines.

Yard, Required. "Required yard" means a minimum front, rear or side yard, as established in the building bulk regulations for the appropriate zoning district.

Yard, Side. "Side yard" means a yard extending along a side lot line from the front yard to the rear yard.

"Zoning administrator" means that person designated by the village manager to administer zoning matters.

"Zoning map" means the map of Wheeling that geographically shows all of the zoning districts within the village and has been adopted by ordinance codified in this Title.

(Ord. 4331 § A, 2008; Ord. 4220 § A (part), 2007; Ord. 4209 § A, 2007; Ord. 4018 § A (part), 2005)

(Ord. No. 4370, § A, 10-20-2008; Ord. No. 4452, § A, 9-14-2009; Ord. No. 4491, § A, 1-4-2010; Ord. No. 4510, § A, 4-5-2010; Ord. No. 4607, § A, 5-16-2011; Ord. No. 4617, § A, 6-20-2011; Ord. No. 4719, § A, 8-20-2012; Ord. No. 4795, § A, 10-7-2013; Ord. No. 4832, § A, 2-18-2014; Ord. No. 4999, § A, 3-7-2016; Ord. No. 5015, § A, 6-6-2016; Ord. No. 5036, § A, 10-17-2016; Ord. No. 5303, §§ A, B, 12-2-2019; Ord. No. 5352, § A, 9-21-2020; Ord. No. 5392, § A, 3-1-2021; Ord. No. 5436, §§ A, B, 9-20-2021; Ord. No. 5481, § A, 3-7-2022; Ord. No. 5548, §§ A—D, 11-7-202; Ord. No. 5755, § B(Exh. A), 11-17-2025)