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Winnebago County Unincorporated
City Zoning Code

ARTICLE 24

- DEFINITIONS

Sec. 24.1.- Purpose.

This Article contains definitions for generic uses and general terms used throughout the Ordinance.

Sec. 24.2. - Definitions Generally.

The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:

A.

The singular number includes the plural, and the plural the singular.

B.

The present tense includes the past and future tenses, and the future tense includes the present.

C.

The word "shall" is mandatory, while the words "may" and "should" are permissive.

D.

Both of the terms "shall not" and "may not" are prohibiting.

E.

The masculine gender includes the feminine and neuter.

F.

Whenever a defined word or term appears in the text of this Ordinance, its meaning shall be construed as set forth in the definition. Any word appearing in parenthesis, between a word and its definition herein, shall be construed in the same sense as that word. Words not defined shall be interpreted in accordance with the definitions from a normal dictionary selected by the Planning and Zoning Officer.

Sec. 24.3. - Rules of Generic Use Definitions.

Certain terms in this Article are defined to be inclusive of many uses in order to eliminate overly detailed lists of uses in the zoning districts established by this Ordinance. These terms shall be referred to in this Ordinance as "Generic Use Definitions."

Sec. 24.4. - Generic Use Definitions.

Accessory Living Quarters. A portion of a principal dwelling or an accessory structure used as a temporary dwelling for family and guests of the occupants of the premises, which has no permanent cooking facilities (i.e. stove) and is not rented or otherwise used as a separate dwelling unit, while the subject site maintains the appearance of the principal use.

Adult Use. "Adult Uses" shall include the following, as defined by this Article and this Ordinance: adult bookstores, adult entertainment cabarets, adult hotel/motel, adult motion picture theaters, adult novelty stores, massage parlors, and other similar uses.

A.

Adult Bookstore. An establishment having at least twenty-five percent (25%) of its sales or display area devoted to books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Anatomical Activities" or "Specified Anatomical Areas," or an establishment with a segment or section devoted to the sale or display of such materials, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

B.

Adult Entertainment Cabaret. A public or private establishment which features topless dancers, strippers, go-go dancers, male or female impersonators, lingerie or bathing suit fashion shows, not infrequently features entertainers who display "Specified Anatomical Areas" or features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in, explicit simulation of "Specified Sexual Activities."

C.

Adult Health Spa/Sauna. A health spa, sauna or massage parlor that excludes minors by reason of age and/or provides steam baths, heat bathing, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, and is distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas," as defined herein. This definition does not include health clubs, health spas, salons or similar establishments that offer massage therapy or other manipulation of the human body provided by a licensed massage therapist.

D.

Adult Hotel/Motel. A hotel, motel or similar commercial establishment offering public accommodations for any form of consideration that provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or video cassette recorders, DVDs or DVD players, slides, or other photographic reproductions for viewing or recording, characterized by an emphasis upon the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" and/or rents, leases or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty-four (24) hour period.

E.

Adult Massage Parlor. An establishment providing massages, for hire, by persons other than a licensed health care professional, that rub, stroke, knead, or tap the body with the hand or an instrument, or both, for the purposes of or engaging in sexual gratification or as related to "Specified Sexual Activities." This does not include any licensed or sanctioned athletic or medical rehabilitation activity that generally employs or use the services of a physical trainer. In addition, this does not include massage offered by a licensed massage therapist within a health club, day spa or beauty services establishment.

F.

Adult Motion Picture Theater. A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons therein.

G.

Adult Novelty Store. An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing novelties, lotions and other items distinguished or characterized by their emphasis on or use for "Specialized Sexual Activities" or "Specified Anatomical Areas," or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

H.

Specified Sexual Activities. For the purpose of this Ordinance, "Specified Sexual Activities" means: 1) human genitals in a state of sexual stimulation or arousal; 2) acts of human masturbation, sexual intercourse or sodomy; and 3) fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

I.

Specified Anatomical Areas. For the purposes of this Ordinance, "Specified Anatomical Areas" means: 1) less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below a point immediately above the top of the areola; and 2) human genitals in a discernible turgid state, even if completely and opaquely covered.

Agricultural Sales and Service Establishment. A use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies. "Agricultural Sales and Service Establishments" excludes the sale of large implements, such as tractors and combines, which are considered "Heavy Retail Sales, Service and Rental" but includes feed sales and farm machinery repair services that are accessory to the principal use.

Agriculture. The use of land for agricultural purposes which includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, wholesale greenhouses when such agricultural purposes constitute the principal activity of the land and necessary accessory uses for said agricultural uses. Agriculture does not include the extraction of sand, gravel or limestone.

Agri-Business. A form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, or other agricultural business for the purpose of entertaining and/or educating the visitors and generating income for the farm, ranch or business owner. "Agri-Business" activities include, but are not limited to, cider mills, retail pumpkin patches, picnic areas, petting zoos featuring only farm animals and other traditional domestic animals, U-pick operations (i.e. apple orchards, strawberry patches, etc.) and accessory gift shops.

Airport. A facility for the landing and takeoff of aircraft, including appurtenant land or structures used or intended for airport buildings, airport structures or airport rights-of-way.

Animal Hospital. An establishment for the care and treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence. An "Animal Hospital" shall not include a "Kennel" or "Pet 'Day Care' Service."

Animal Sanctuary. A facility where animals are cared for and protected typically until their natural death. An animal sanctuary may also shelter some animals temporarily until they are transferred to permanent homes. An animal sanctuary does not buy, sell or trade animals. The care and/or protection of just one (1) animal such as a lion or tiger does not necessarily prevent the subject site from being classified as the use defined herein.

Art Gallery. A commercial establishment engaged in the sale, loan and/or display of paintings, sculpture, photographs, video art or other works. "Art Gallery" does not include "Cultural Facility," such as a library, museum or non-commercial gallery, which may also display paintings, sculpture, photographs, video art or other works.

Arts Studio. A commercial establishment where an art, type of exercise or activity is taught or studied, such as dance, martial arts, photography, music, painting, gymnastics or yoga.

Asphalt/Concrete Crushing and Storage Facility. A facility for the production of concrete, asphalt and bituminous substances used for paving, including crushing and storage activities.

Batch Plant. A facility for mixing cement, concrete, or asphalt

Bed and Breakfast. An owner-occupied residence which offers temporary lodging to guests in a room(s), where the guest rooms do not include cooking facilities, and which may offer breakfast meals to guests.

Body Modification Establishment. An establishment whose principal business activity is the practice of placing designs, letters, symbols or other marks upon or under the skin of any person, using ink or other techniques to permanently color or mark the skin, and/or the creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. "Body Modification Establishment" does not include a business that offers only ear-piercing.

Broadcast Facilities (Radio, TV). A building or complex of building primarily engaged in the provision of broadcasting and information relay services, such as radio and television signals. "Broadcast Facilities (Radio, TV)" does not include "Utilities, Public."

Campground. An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind.

Car Wash. A commercial establishment engaged in the washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment, whether automatic, by hand or self-service.

Caretaker's Dwelling/Unit. A dwelling or dwelling unit for persons employed by the principal use of the lot for purposes of maintenance and protection of persons, property, plants, animals, and equipment.

Cemetery. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, and necessary sales and maintenance facilities. Mortuaries and chapels may be included when operated within the boundary of such cemetery.

Commercial Solar Energy Facility. Any device or assembly of devices that (i) is ground installed and (ii) uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.

Commercial Wind Energy Facility. A wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. This definition includes, but is not limited to, a wind energy conversion facility seeking an extension of a permit to construct granted by the County before January 27, 2023.

Community Residence. A group residence consisting of a group home or specialized residential care home licensed, certified or accredited by the appropriate state or federal agencies, and serving as a single housekeeping unit for the housing of unrelated persons with functional disabilities who share responsibilities, meals, recreation, social activities and other aspects of residential living. "Community Residence" does not include a residence which services persons as an alternative to incarceration for a criminal offense, nor does it include a residential care facility.

A.

Community Residence - Small: A community residence providing living accommodations for no more than six (6) residents, including live-in staff. Visiting staff who do not reside within the community residence shall not be counted for purposes of establishing the number of residents.

B.

Community Residence - Large: A community residence providing living accommodations for more than six (6) residents, including live-in staff. Visiting staff who do not reside within the community residence shall not be counted for purposes of establishing the number of residents.

Concentrated Animal Feeding Operation (CAFO). A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure.

Contractor Shop. An establishment for the indoor repair, maintenance or storage of a contractor's vehicles, equipment or materials, and may include the contractor's business office.

Contractor Storage Yard. Any land used primarily for the storage of equipment, vehicles, machinery, building materials, landscaping product or materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.

Country Club. A club organized and operated primarily for social and outdoor recreation purposes with recreation facilities for members, their families and invited guests.

Cultural Facility. A use that is open to the public and provides cultural services and facilities including, but not limited to, museums, cultural centers, historical societies and libraries operated by a public, private or non-profit organization.

Day Care Center, Adult. A facility, other than within a residential dwelling unit, providing care for elderly and/or functionally-impaired adults in a protective setting for less than twenty-four (24) hours per day.

Day Care Center, Child. A facility, other than within a residential dwelling unit, providing care for children in a protective setting for less than twenty-four (24) hours per day.

Day Care Home, Adult. A dwelling in which a permanent occupant of the dwelling provides care in a protective setting for up to eight (8) elderly and/or functionally impaired adults who do not spend the night at the dwelling.

Day Care Home, Child. A dwelling in which a permanent occupant of the dwelling provides care for up to eight (8), children from outside households. The number counted includes the family's natural or adopted children and all other persons under the age of twelve (12). "Child Day Care Home" does not include facilities that receive only children from a single household.

Drive-Through Facility. Premises used to provide or dispense products or services through an attendant, window or automated machine, to persons remaining in motor vehicles in a designated stacking aisle. A "Drive-Through Facility" may be in combination with other uses, such as a "Financial Institution," "Personal Services Establishment," "Retail Goods Establishment" or "Restaurant." A "Car Wash," "Gas Station" or "Motor Vehicle Service and Repair" shall not be considered to maintain a "Drive-Through Facility."

Dwelling, Above the Ground Floor Commercial Use. Dwelling units within multi-story buildings located above commercial uses on the ground floor or located behind commercial uses on the ground floor. In the case of dwelling units located behind commercial uses on the ground floor, commercial uses must make up the majority and be located along the street frontage. Dwellings must be integrated into a mixed-use structure.

Dwelling, Multi-Family. A building containing five (5) or more individual dwelling units with varying arrangements of party walls and entrances where each dwelling unit has an individual entrance to a common hallway or the outdoors.

Dwelling, Single-Family. A building containing one (1) individual dwelling unit, which is located on an individual lot and is not attached to any other dwelling unit.

Dwelling, Two-Family. A building designed as a single structure, containing two (2) separate living units, each of which is designed to be occupied as a separate permanent residence for one (1) household. A "Two-Family Dwelling" may include a common interior stairwell to both dwelling units but each dwelling unit shall have an individual entrance.

Dwelling, Three-Family. A building designed as a single structure, containing three (3) separate living units, each of which is designed to be occupied as a separate permanent residence for one (1) household. A "Three-Family Dwelling" may include a common interior stairwell to both dwelling units but each dwelling unit shall have an individual entrance.

Dwelling, Four-Family. A building designed as a single structure, containing four (4) separate living units, each of which is designed to be occupied as a separate permanent residence for one (1) household. A "Four-Family Dwelling" may include a common interior stairwell to both dwelling units but each dwelling unit shall have an individual entrance.

Educational Facility, Agricultural. A school established to provide for the teaching of agricultural, inclusive of natural resource conservation skills. "Educational Facilities, Agricultural" shall not include "Educational Facilities, University."

Educational Facility, Primary. A public, private or parochial school offering instruction at the elementary and/or junior high school levels with a full range of curricular programs.

Educational Facility, Secondary. A public, private or parochial school offering instruction at the senior high school level with a full range of curricular programs. "Educational Facilities, Secondary" also includes secondary theological schools for training ministers, priests or rabbis.

Educational Facility, University. A post-secondary institution for higher learning that grants associate or bachelor degrees. The institution may also have research facilities, and/or professional schools that grant master and doctoral degrees. "Educational Facilities, University" also includes post-secondary theological schools for training ministers, priests or rabbis. "Educational Facilities, University" shall not include "Educational Facilities, Vocational."

Educational Facility, Vocational. A school established to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for-profit and that do not offer a complete educational curriculum. "Educational Facilities, Vocational" shall not include "Educational Facilities, University" or "Educational Facilities, Agricultural."

Ethanol Plant. Facilities for the production of ethanol.

Feedlot. Any pen, corral, or structure wherein livestock are maintained in close quarters for the purpose of readying for market.

Financial Institution. A bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM).

Forest Preserve. Designated open space that preserves natural features and protects wildlife and critical environmental features. A "Forest Preserve" may include opportunities for passive recreation and environmental education.

Forestry. The management of on-site forest and timberlands through growing, developing, cultivating, harvesting, transporting, and selling trees for commercial or non-commercial purposes. A "Tree Service Business" as referenced in Article 7 is specifically excluded from the definition of "Forestry".

Freight Terminal. A facility for loading, unloading of freight for current distribution and not warehousing. "Freight Terminal" includes truck or rail terminals where goods are received, transferred, stored for the short-term and/or dispatched.

Funeral Home. A building used for the preparation of the deceased for burial display of the deceased and rituals before burial or cremation. A "Funeral Home" includes chapels located within the building used for the display of the deceased and the conducting of rituals before burial or cremation.

Gas Station. A business where flammable or combustible liquids or gases used as fuel for motor vehicles are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory retail uses and car washes may be included as part of a gas station in compliance with the use standards of Article 15.

Golf Course. A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms and shelters as accessory uses. A driving range is considered part of the "Golf Course" definition, unless specifically listed separately in a District Use Table.

Government Facility. A building or structure owned, operated and/or occupied by a governmental agency to provide a governmental service to the public. "Government Facility" shall include public safety facilities and public works facilities, but shall not include park district field houses or recreation centers, which would be considered a "Park/Playground," or school buildings, which would be considered "Educational Facilities." Impound lots operated by a government agency are considered a "Government Facility."

Grain Elevator. Building or complex of buildings where grain is stored, shipped, cleaned, weighed and blended.

Greenhouse/Nursery. Retail business whose principal activity is the selling of plants grown and having outside storage, growing or display.

Group Quarters. A structure with two (2) or more rooming units occupied, designed, or intended to be occupied by individuals who may share common areas and facilities, but do not form a single housekeeping unit, and commonly do not provide compensation under a single lease for occupancy. "Group Quarters" provide sleeping accommodations, but no in-room cooking facilities. "Group Quarters" do not include "Community Residences." "Group Quarters" include dormitories.

Heavy Retail, Rental and Service. This use includes retail, rental and/or service establishments that have regular outdoor service or storage areas, or partially enclosed structures including, but not limited to, truck and semi-truck sales, service and rental establishments, large-scale moving centers, lumberyards, equipment rental facilities, heavy equipment sales, service and rental, motor home sales, service and rental, recreational vehicle sales, service and rental including boats, and large implement such as tractors and combines sales, service and rental.

Horse Event. An event where horses are presented for market, show, sale, fair, parade, race meeting, recreational activity, clinic, competition or any other horse gathering. "Horse Event" does not include "Rodeo."

Hospital. A building or group of buildings, having room facilities for overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities such as central services, and staff offices, provided that such related facilities must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

Hotel/Motel. An establishment providing, for a fee, sleeping accommodations and customary lodging services. Related ancillary uses may include, but shall not be limited to, conference and meeting rooms, restaurants, bars and recreational facilities. "Hotel/Motel" includes extended stay facilities.

Impound Yard. A facility for the temporary storage of vehicles that have been towed from public or private property for impoundment.

Indoor Entertainment. Predominantly spectator uses conducted within an enclosed building including, but not limited to, movie theaters and sport or game matches or exhibitions. "Indoor Entertainment" includes accessory uses, such as snack bars or refreshment stands, which are designed and typically but not always intended for the use of patrons and spectators. "Indoor Entertainment" shall not include "Indoor Recreation" or "Live Entertainment." "Indoor Entertainment" is distinguished from "Indoor Recreation" in that the predominant use is spectator-oriented and not participatory.

Indoor Recreation. Predominantly participant uses where recreational activities or games of skill are conducted within a wholly enclosed building including, but not limited to, a bowling alley, pool hall, indoor miniature golf course, indoor child's play facility, arcade, indoor tennis courts, indoor swimming pools, indoor batting cages or similar uses. An "Indoor Recreation Facility" may include accessory uses, such as snack bars or refreshment stands. "Indoor Recreation" may also include those establishments that maintain a restaurant on-premises for patrons of the establishment. "Indoor Recreation" shall not include "Indoor Entertainment," "Rodeos," "Horse Events" or "Riding Academies." Park district field houses with indoor recreation facilities are not considered "Indoor Recreation."

Junkyard. A facility used in whole or in part for the storage, collection, processing, or disposal of discarded material.

Kennel. An establishment where more than four (4) dogs, cats and other household domestic animals, over four (4) months of age and owned by another person, are temporarily boarded or an establishment where more than two (2) of said animals are kept for the purpose of breeding offspring to be sold. For clarification purposes, an establishment "fostering" more than four (4) dogs, cats and other household domestic animals is considered a kennel, even if a higher fostering number is allowed by the State. "Kennel" shall not apply to animal hospitals operated by veterinarians duly licensed under the law where the boarding of animals is accessory to medical treatment.

Landfill, Sanitary. A facility for the disposal of non-hazardous household/commercial solid waste by disposition in a landfill in layers, covered with suitable cover material to a depth and at a frequency sufficient to control disease vectors and odors and in such a manner that protects the environment and is so located, conformed and drained that it will not constitute a source of water pollution.

Landscape and Tree Service Business. A business engaged in the decorative and functional alteration, planting, and maintenance of grounds, including maintenance, trimming and removal of trees.

Live Entertainment. A musical, theatrical, dance, cabaret or comedy act performed live by one (1) or more persons. "Restaurants" that regularly host such performances shall be considered "Live Entertainment" uses. Taverns/bars that include dancing by patrons and guests are considered "Live Entertainment" uses. A "Live Entertainment" establishment may provide food for consumption on the premises. "Live Entertainment" shall not include any adult uses as defined in this Article.

Manufactured Home Park. A parcel of land with single control or ownership which has been planned and improved for the placement of manufactured homes for residential use.

Manufacturing, General. The manufacturing of products from processed or unprocessed raw materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users but is not offensive or obnoxious.

Manufacturing, Heavy. The manufacturing or compounding process of unprocessed raw materials that usually, but not necessarily always, involves a process and/or finished product that could be combustible or explosive. This use also includes any industrial use that generates noise, odor, vibration, illumination, or particulate that is offensive or obnoxious to adjacent land uses, and/or requires a significant amount of on-site storage of highly flammable, toxic, or explosive materials. Examples include, but are not limited to, the production/manufacturing of the following: chemical blending, mixing, or production; plastic or rubber processing and production; coal, coke, tar and paint; petroleum product refining and/or bulk storage; explosives; fertilizers; gelatin or glue; foundries, forge shops, open air welding, and other intensive metal fabrication facilities; stone-work or concrete product manufacturing; manufacturing of agricultural, construction, or mining machinery; and ship construction. This category also includes any establishment or facility using large unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the principal building, or uses engaging in large-scale stock-piling and/or outdoor storage.

Manufacturing, Light. The manufacturing from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

Medical Cannabis Cultivation Center. A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

Medical Cannabis Dispensing Organization. A facility operated by an organization or business that is registered by the Illinois 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.

Medical or Dental Clinic/Office. A facility operated by one (1) or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. "Medical Clinics" shall also include alternative medicine clinics, such as acupuncture, and physical therapy offices.

Meteorological ("Met") Tower. A temporary tower used to measure wind speed and direction.

Mining and Extracting. Any pursuit or occupation associated with an area of land where operations are conducted to extract valuable mineral deposits, petroleum or other materials.

Mini-Warehouse. A facility used only for the storage of personal property (no commercial storage) where individual renters control individual storage spaces and no commercial transactions are permitted other than the rental of the storage units.

Motor Vehicle Dealership. Any business establishment that sells or leases new or used passenger automobiles, trucks, vans, motorcycles, or other similar sized passenger motorized transportation vehicles from an on-site or adjacent sales office. An automobile dealership may maintain an inventory of the vehicles for sale or lease on-site or at an adjacent location, and may also provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership. "Motor Vehicle Dealership" does not include the uses listed under "Heavy Retail, Rental and Service".

Motor Vehicle Operations Facility. A privately-owned facility for the dispatch, storage and maintenance of emergency medical care vehicles, taxicabs and other livery vehicles. "Motor Vehicle Operations Facility" shall not include a public works facility or public safety facility, where the vehicles of the fire, police or other municipal departments are dispatched, stored and/or maintained.

Motor Vehicle Rental Establishment. Rental of automobiles, light trucks and vans, including incidental parking and servicing of rental vehicles.

Motor Vehicle Service and Repair. Establishments involved in the repair or replacement of auto components, major reconditioning of worn or damaged motor vehicles or trailers, towing and collision service, including body, frame or fender straightening or repair, and painting of motor vehicles.

Office. An "Office," which may or may not offer services to the public, is engaged in the processing, manipulation or application of business information or professional expertise. An "Office" is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. It is characteristic of an "Office" that retail or wholesale goods are not shown on the premises to a customer. Examples include, but are not limited to, professional offices for non-profit organizations, advertising, accounting, investment services, insurance, contracting, architecture, engineering, legal services, and real estate services. "Office" does not include government offices, which are considered "Government Facilities" as defined herein.

Outdoor Dining. A seating area located outdoors of a contiguous restaurant, usually in addition to an indoor seating area. Outdoor seating areas for tavern/bars, typically referred to as a beer garden, are considered "Outdoor Dining."

Outdoor Entertainment. Predominantly spectator uses conducted outdoors in open or only partially enclosed facilities. Typical uses include, but are not limited to, fairgrounds, outdoor stadiums, outdoor theaters, racetracks, rodeos, musical events/arenas, theme parks and amusement parks. "Outdoor Entertainment" shall include accessory uses, such as snack bars or refreshment stands that are designed and typically but not always intended for the use of patrons and spectators. "Outdoor Entertainment" shall not include "Outdoor Recreation."

Outdoor Recreation. Predominantly participant uses that take place outside of a building including, but not limited to, miniature golf courses, swimming pools, tennis courts, ball fields, skateboard parks, and other similar facilities. "Outdoor Recreation" may include accessory uses, such as snack bars or refreshment stands. "Outdoor Recreation" may also include those establishments that maintain an accessory restaurant on-premises for patrons of the establishment. "Outdoor Recreation" shall not include "Outdoor Entertainment," "Parks/Playgrounds," "Golf Course," "Driving Range," "Rodeo," "Horse Event" or "Riding Academy."

Outdoor Storage Yard. An area used for the keeping of any goods, materials, products, merchandise, equipment, operable vehicles and trucks or operable recreational boats and vehicles not within an enclosed building, including incidental maintenance and repair of the material which is being stored.

Park/Playground. A non-commercial, not-for-profit facility, typically supported by taxpayers or members, designed to serve the recreation needs of the residents of the community. "Parks/Playgrounds" include, but are not limited to, ball fields, football fields, soccer fields, basketball courts, playgrounds and field houses that may have indoor recreation facilities.

Parking Lot. An open, hard-surfaced area, other than street or public way, to be used for the storage for limited periods of time of operable passenger automobiles and commercial vehicles.

Parking Structure. A structure composed of one (1) or more levels or floors used for the parking or storage of motor vehicles. A parking structure may be totally below grade, as in an underground parking garage, or either partially or totally above grade with those levels being either open or enclosed.

Passenger Terminal. A facility for on- and off-loading passengers on passenger modes of travel including, but not limited to, buses and public rail systems. "Passenger Terminal" includes bus terminals where there are premises designated for the transient housing or parking of buses and the loading and unloading of passengers.

Personal Services Establishment. An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, shoe repair, laundromats, electronic repair shops, pet grooming establishments, dry cleaners, and tailors.

Pet "Day Care" Service. An establishment where pet animals owned by another person are temporarily boarded for pay or remuneration of any sort. "Pet "Day Care" Service" is distinguished from a "Kennel" as pets are typically boarded for the day, though longer term boarding may be available, and the establishment may offer accessory services, such as retail sales of pet care supplies, and services such as dog-walking and animal grooming.

Place of Worship. A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. A "Place of Worship" may include group housing for persons under religious vows or orders. "Places of Worship" may also include day care facilities and/or weekly religious instruction.

Planned Unit Development. The development of a land area as a single unified development, where certain zoning regulations, such as bulk, yard and use standards, may be modified to allow for more flexible planning in conformance with the planned unit development standards and approval processes.

Quarter-Quarter Section. The northeast, northwest, southwest or southeast quarter of a quarter section delineated by the United States government system of land survey and which is exactly or nearly forty (40) acres in size.

Racetrack. A circuit or course, typically oval, used for motor racing, dirt bike racing, RC racing, and similar uses, including recreating. Also called a raceway, drag strip, speedway, or time trial.

Railroad Maintenance Yard. A facility comprised of a series of railroad tracks for storing, sorting, or loading/unloading railroad cars and/or locomotives.

Reception Facility. An establishment for groups that have reserved the establishment's facility or amenities for banquets, typically associated with weddings or meetings before the day of the event for the groups' members and any guests of the groups' members, that may serve food via a caterer's station only and do not have commercial kitchen facilities, which the general public is not admitted and for which no admission charge is imposed at the door.

Recycling Center. A facility where materials are collected, sorted and processed in order to return such products to a condition where they may be reused.

Rehabilitation Center. A facility for treatment of alcohol or drug addiction that is licensed, certified, or accredited by the appropriate local, state, or federal agencies, in which unrelated persons are provided housing, food, treatment, and supportive services.

Research and Development Facility. An establishment which conducts research, development or controlled production in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. "Research and Development Facilities" do not involve the mass manufacture, fabrication, processing, or sale of products.

Research and Development Facility - Agriculture Related. An establishment which conducts research and development in industries that include, but are not limited to, farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal husbandry. "Research and Development Facility - Agriculture Related" does not involve the manufacture, fabrication, processing or sale of products.

Residential Care Facility. A group care facility, licensed by the state, for twenty-four (24) hour medical or non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A "Residential Care Facility" may include independent living, assisted living or nursing home facilities, including continuum of care facilities.

Restaurant. A structure in which the principal use is the preparation and sale of food and beverages for consumption on the premises or for carry-out. "Restaurant" shall not include "Tavern/Bar/Brewpub," or snack bars or refreshment stands accessory to "Indoor or Outdoor Entertainment" and "Indoor or Outdoor Recreation" facilities as defined herein. A "Restaurant" with live performances (music, theater, etc.) is considered "Live Entertainment."

Restricted Landing Area. An area of land designated as a runway or a helipad made available for the landing and take-off of aircraft or rotocraft.

Retail Sales Establishment. A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. "Retail Goods Establishment" shall not include "Heavy Retail, Rental and Service" as defined herein.

Retreat Center. A facility used for professional, educational, or religious conclaves, meetings, conferences, or seminars and which may provide meals, housing, recreation and outdoor studies for participants during the period of the retreat or program only. Such centers may not be utilized by the general public for meals or overnight accommodations. Housing for participants may be in lodges, dormitories, sleeping cabins (with or without baths), or in such other temporary quarters as may be approved, but kitchen and dining facilities shall be located in a single centrally located building or buildings.

Riding Academy. An establishment where horses are boarded and cared for, and where human and horse instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.

Rodeo. A competition or exhibition for display of skills such as riding broncos or roping calves or pigs, and display of same or other animals.

Sawmill. A facility where trees or logs are sawn, split, shaved, stripped, planed, chipped, or otherwise processed to produce wood products.

Shooting Range/Club. A firing range with targets for rifle or handgun practice, archery, and/or clay pigeons used by a club or by more than two (2) persons residing off-site. It may include accessory uses, such as snack bars, seating areas, or refreshment stands, which are intended for the use of patrons and spectators.

Sign, Electronic Display Screen. A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards and holographic displays. Electronic Display Screen Signs do not include electronic billboards.

Sign, Electronic Message. Any sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

Slaughterhouse. A facility where livestock is confined, slaughtered and processed in preparation for distribution. A "Slaughterhouse" may accommodate packing, treating, storage, or sale of the product on the premises.

Social Club or Lodge. A membership organization and its premises that holds regular meetings and caters exclusively to members and their guests for social, intellectual, recreational or athletic purposes, including fraternal organizations, meeting halls, and union halls. "Social Club or Lodge" shall not include "Country Club."

Solar Farm. See Commercial Solar Energy Facility.

Stable. A structure having stalls or compartments used to shelter horses for breeding, boarding, feeding and training.

Stockyard. An enclosure with pens, sheds, and other buildings or structures for the temporary keeping of livestock.

Tavern/Bar. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an accessory use. A "Tavern/Bar" with live performances (music, theater, etc.) is considered "Live Entertainment."

Tourist Facility. Establishments, including, but not limited to, picnic areas, commercial fishing ponds or lakes, and/or similar tourist facilities.

Utilities. An accessory facility that provides electricity, gas, communication, transportation, or water and sewer services to the public, including pumping stations, substations and booster stations. Utilities do not include primary "Power Plants", "Wind Power Generating Facilities" and "Solar Farms."

Vacation Rentals. The renting out of a furnished existing initially permitted home (single-family dwelling), furnished existing initially permitted apartment dwelling unit (a dwelling unit within a multi-family dwelling, four, three or two family dwelling) or a furnished existing initially permitted condominium dwelling unit on a temporary basis (i.e. typically on a weekly or daily basis) to tourists as an alternative to a hotel/motel. This use is also known as short-term, whole-house rentals. "Vacation Rentals" shall not include "Bed and Breakfast" nor shall it include "Hotel/Motel".

Vineyard. Ground planted with cultivated grapevines.

Warehouse/Distribution. The storage, wholesale and distribution of manufactured products, supplies and equipment.

Wildlife Rehabilitation Facility. A facility that provides human assistance for injured or ill native wildlife with the ultimate goal of releasing the animal back into the wild.

Wind Energy System (Private). A private wind energy conversion system that is less than 500 kilowatts in total nameplate generating capacity, and which is not part of or otherwise appurtenant to a Commercial Wind Energy Facility, and which typically consists of a turbine apparatus and associated control or conversion mechanism, and where the majority of the power generated is used directly on the lot or parcel of land containing the installation or used on a limited number of surrounding lots whose owners have financial interest in its installation.

Wind Farm/Wind Power Generating Facility (WPGF). See Commercial Wind Energy Facility.

Winery. A processing facility used to process fruit or vegetable products into wine, sparkling wine or similar spirits that is customarily inclusive of tasting facilities, sales, storage and office functions.

Wireless Telecommunications Antenna. A specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas. "Wireless Telecommunications Antenna" does not include "Satellite Dish Antenna" as defined in this Ordinance.

Wireless Telecommunications Facility. An un-staffed structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators.

Wireless Telecommunications Tower. A structure designed and constructed to support one (1) or more "Wireless Telecommunications Antennas" and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires) of either lattice or monopole construction.

Wrecking Yard. A dismantling business where wrecked or decommissioned vehicles are brought and stored, where their usable parts can be sold for use in operating vehicles and unusable parts disposed of.

Zoo. A facility for exhibition and viewing of wild animals. A "Zoo" includes ancillary uses, such as snack bars, refreshment stands and restaurants for the use of patrons.

(Ord. No. 2019-CO-032, 3-14-19; Ord. No. 2024-CO-045, 7-25-24)

Sec. 24.5. - General Terms Definitions.

Abut. To share a common lot line or zoning district boundary without being separated by a street or alley.

Accessibility Ramp. A ramp or similar structure that provides wheelchair or similar access to a building.

Accessory Structure. A structure located on the same lot with the principal building and is customarily incidental and subordinate to the use of the principal building.

Accessory Use. A use that is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building.

Addition or Enlargement. Any construction that increases the size of a building or structure in terms of site coverage, height, length, width or floor area.

Alley. Public right-of-way which affords a secondary means of access to abutting property.

Alteration. Any change in the size, shape, character, occupancy, or use of a building or structure.

Amateur (HAM) Radio Equipment. An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or alternative tower structure supporting a single, radiating antenna platform and other equipment.

Ancillary Facilities (for Wind Power Generating Facility). Accessory structures and buildings, including, but not limited to substations, electrical infrastructure, transmission lines, and other appurtenant structures, access driveways and other vehicular use areas, and other related facilities required for the production and distribution of electricity derived from wind energy.

Apiary. A structure for the keeping of honeybees.

Architectural Feature. A part, portion, or projection that contributes to the aesthetics of a structure, exclusive of signs, that is not necessary for the structural integrity of the r structure, or to make said structure habitable.

Arrays. A group of antennas arranged by a wireless telecommunications service provider and placed on a tower, structure, or building at a given height aboveground to provide the desired directional characteristics.

Attention Getting Device. Any pennants, flag, festoon, valance, propeller, pole covers, spinner, streamer, searchlights, balloons, flashing lights, changing colors, rotating or moving displays and any similar device or ornamentation positioned or designated for the purposes of attracting attention, promoting or advertising.

Awning. A roof-like cover, often of fabric or metal, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk or door. For "Awnings" used as a sign, see "Sign, Awning."

Balcony. A platform which projects from the exterior wall of a building above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.

Banner. See "Sign, Banner."

Basement. That portion of a building located partly underground, but having one-half (½) or more of its clear floor to ceiling height below the average grade of the adjoining ground.

Bay Window. A window that projects outward from the building, which does not rest on the building foundation or on the ground and has no additional structural support to the ground.

Berm. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or fulfill other such purposes.

Billboard. A sign that advertises a business or product but is not located on the premises where the business is located or the product is the primary product available for sale.

Blockface. That portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets, or between an intersecting street and railroad right-of-way or waterway.

Bowling Alley. Indoor facility for the sport of bowling, with customary accessory uses such as snack bars.

Buffer Yard: Land area with landscape plantings and other components used to visibly separate one (1) use from another or to shield or block noise, lights, or other nuisances.

Buildable Lot. A lot on which a building or other structure may be erected in conformity with zoning and building code requirements.

Building Height, Principal Building. The vertical distance measured from grade to the highest point of the roof. Chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height.

Building Height, Accessory Structure. The vertical distance measured from grade to the highest point of the roof or the highest point of the structure.

Building. Any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows or similar openings.

Building Coverage. The portion of a lot that is occupied by buildings or structures, including accessory structures, expressed as a percentage of total lot area.

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

Business. An occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Caliper. The American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four (4) inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes.

Canopy. A structure, other than an awning, made of materials such as cloth or metal, or materials with a frame, either attached to a building or projecting from a building, and carried by a frame supported by the ground or sidewalk. For "Canopies" with advertising see "Sign, Canopy."

Carnival/Circus. A traveling or transportable group or aggregation of rides, shows, games, or concessions or any combination thereof.

Chicken Coop. A structure where hens are kept.

Chimney. A vertical shaft of reinforced concrete, masonry or other approved material enclosing one (1) or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.

Collocation. Placement of wireless telecommunications equipment from more than one (1) service or service provider on a single tower or site.

Compost Pile (Private). An small enclosure in which organic waste material, such as yard and food waste, is collected and naturally degraded on-site in a controlled setting to produce a fertilizer or soil amendment.

Compost Facility. A facility for the collection of organic waste piles collected from off-site to degrade or a large-scale operation where organic waste piles are collected from off-site to naturally degrade in a controlled setting to produce a fertilizer or soil amendment.

Commercial Vehicle. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.

Conforming Structure. Any structure that complies with all the regulations of this Code, or any amendment hereto, governing bulk for the zoning district in which such structure is located or is designed or intended for a conforming use.

Contiguous. Adjoining or abutting.

Deck. A deck is a roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure.

District. A portion of the County within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Ordinance.

Driveway. A paved or gravel access strip of land providing a vehicular connector between the street and a parking space or garage.

Dwelling. A structure or portion thereof designed for occupancy by one (1) family or household for residential purposes as a single housekeeping unit. In no case shall a motor home, trailer coach, tent, or portable building be considered a "Dwelling."

Dwelling, Attached. A dwelling designed as a single structure, containing separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one (1) family or household. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

Dwelling, Detached. A dwelling, consisting of no less than five hundred (500) square feet of living area, which is not attached to any other dwelling.

Dwelling Unit. A dwelling unit, consisting of no less than three hundred (300) square feet of living area, consisting of a group of rooms constituting part of a building, which are arranged, designed, used or intended for use exclusively as living quarters for one (1) family or household, which includes permanently installed bathroom and kitchen facilities.

Easement. Land which has been designed by lawful agreement between the owner(s) of the land and a person(s) for a specified use only by such person(s).

Eave. The projecting lower edges of a roof overhanging the wall of a building.

Encroachment. The extension or placement of any structure or building, or component of such, into a required yard or setback.

Erect. To build, construct, attach, hang, place, suspend or affix.

Exterior Stairwell. One (1) or more flights of stairs and the necessary landings and platforms connecting them to form a continuous passage from the entryway of one (1) floor or level to another in a building or structure located on the exterior of a principle building.

Facility Owner (for Wind/Solar Energy Facilities). Either i) a person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, or ii) a person who, at the time the facility is being developed, is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.

Farmer's Market. The seasonal selling or offering for sale of home-grown vegetables or produce, occurring in a pre-designated area where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

Farmstand. A structure used for the retail sales of items grown or products produced from items grown on the farm where it is located. A "Farmstand" may also sell items grown or products produced from items grown on adjacent farms that are owned by the same individual.

Family. Any number of individuals related by blood, marriage or adoption, living and cooking together in the same premises as a single housekeeping unit, but not including more than three (3) boarders or lodgers.

Fence. An artificially constructed barrier of wood, masonry, stone, wire, metal or other combination of materials erected to enclose or screen. An artificially constructed barrier of wood, masonry, stone, wire, metal or other combination of materials use to separate an area, which is not fully enclosed, is also considered a fence.

Fence, Solid Screen. A fence, including gates, which conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted beyond it.

Fire Escape. An emergency exit, mounted outside of a building that provides a method of escape in the event of a fire or other emergency when interior stairwells are inaccessible.

Flags. Flags, symbols or crests of nations, of any organization or nations, states and cities, fraternal, religious and civic organizations.

Flea Market or Swap Meet. An outdoor retail market that rents space to individual vendors who sell merchandise, such as antiques, used household goods, and curios. Individual vendors may operate one (1) or more stalls, booths, tables, platforms, mobile units, or similar displays, where the proprietor of the market rents or otherwise arranges for assigned space(s) for each vendor and sees that all applicable laws are complied with. Markets or meets held indoors shall be categorized as a retail sales establishment and follow the regulations associated therewith, inclusive of having an adequate number of off-street parking spaces.

Floor Area, Gross. The sum of the gross horizontal area of the plans of the several floors of a building, as measured from the outside face of the walls.

Footcandle. A unit of illumination. It is equivalent to the illumination at all points that are one (1) foot distant from uniform source of one (1) candlepower.

Frequency. The term "frequency" signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

Garage. A building, either attached or detached, used or designed to be used primarily for the parking and storage of vehicles.

Garage/Yard Sale. A temporary event for the sale of miscellaneous household goods or personal articles, primarily in used condition, that are owned by a resident of the dwelling.

Gazebo. A freestanding outdoor structure, commonly open-sided in design, that is intended for recreational use and not for habitation.

Grade. The average level of the finished surface of the ground adjacent to the exterior walls of a building.

Greenhouse, Private. A building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.

Hedge. A row of closely planted shrubs, bushes, or any kind of plant forming a boundary or fence.

Home Occupation. An occupation carried on in a dwelling unit by the resident, where the use of the dwelling unit for the occupation is secondary to the use of the dwelling unit for residential purposes.

Household. Any number of individuals living together on the premises as a single housekeeping unit.

Hub Height. The distance measured from the surface of the tower foundation to the height of the Wind Turbine hub, to which the blade is attached.

Impervious Surface. A measure of intensity of land use that represents the portion of a site that is occupied by buildings, structures, pavement, and other impervious surfaces that do not allow for the absorption of water. Semi-pervious surface areas (e.g. permeable pavers) may be counted as impervious surface at a reduced rate based on the coefficient of permeability.

Incompatible Use. A use that is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.

Intensity of Use. For the purposes of this Ordinance, "Intensity of Use" is defined as square feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring parking or loading facilities.

Lighting, Fully Shielded. A fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

Lighting, Unshielded. A fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted.

Loading Berth. A space within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office, and work areas for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access.

Logo. A business trademark or symbol.

Lot. A parcel or tract of land located within a single block, occupied, or intended for occupancy, by one (1) principal building or principal use, and having frontage upon a street.

Lot of Record. An area of land designated as a lot on a plat of subdivision recorded pursuant to law.

Lot Area. The computed area of the zoning lot contained within the lot lines.

Lot, Corner. A lot situated at the junction of, and abutting on, two (2) or more intersecting streets.

Lot Depth. The distance from the front lot line to the rear lot line measured by averaging the length of the side lot lines.

Lot, Interior. A lot other than a corner lot or a through lot.

Lot Line. A property boundary line of any lot. Where any portion of the lot extends into an abutting street or alley, the lot line shall be deemed to be the established or existing street or alley right-of-way line.

Lot Line, Corner Side. The lot line that is perpendicular or approximately perpendicular to the front lot line, which separates the longest street frontage of a corner lot from the street.

Lot Line, Front. The lot line that abuts a street. For the purposes of this Code, the "Front Lot Line" of a corner lot shall be the shortest street frontage of the lot.

Lot Line, Rear. The lot line that is most distant from and is, or is approximately, parallel to the front lot line.

Lot Line, Interior Side. The lot line that is not abutting a street and is not a rear lot line.

Lot Line, Side. A lot line that is not a front lot line or a rear lot line.

Lot, Double Frontage. A lot having frontage on two (2) nonintersecting streets. Also called a "Through Lot."

Lot Width. The horizontal distance between side lot lines measured along the front setback line.

Lot, Zoning. A tract of land located within a block designated as a tract to be used, developed or built upon as a single unit. A "Zoning Lot" may or may not coincide with a lot of record or parcel of record, and typically, but not always, coincides with a tax parcel identification number (PIN).

Luminaire. A complete lighting unit extending from a support structure, parallel to the ground, consisting of a light source and all necessary mechanical, electrical and decorative parts. A "Luminaire" does not include a pole or other support.

Manufactured Housing or Manufactured Housing Unit. A building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one (1) or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation.

Memorial Plaque. A sign, tablet, or plaque memorializing a person, event, structure, or site.

Mobile Home. A single-family dwelling built on a permanent chassis designed for residential occupancy and containing complete electrical, plumbing, and sanitary facilities and designed to be installed in a permanent or semi-permanent manner with or without a permanent foundation, which is capable of being drawn over public highways as a unit, or in sections, and which is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. "Manufactured Homes" are not considered a "Mobile Home." Park model homes and the like which meet this definition are considered mobile homes.

Motor Home. A portable, temporary dwelling to be used for travel, recreational or vacation uses, constructed as an integral part of a self-propelled vehicle.

Motor Vehicle. Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.

Movie Theater. A theater designed for showing movies or motion pictures.

Nameplate. A sign indicating the name and address of the person or persons occupying the lot or a part of the building.

Nameplate Capacity (for Wind Power Generating Facility). The maximum rated production capacity of a Wind Turbine, measured in watts, as specified by the manufacturer of the Wind Turbine.

Nonconforming Lot. A lawfully established lot of record that does not meet the lot area or lot width requirements of this Code for the zoning district in which it is located.

Nonconforming Use or Structure. A lawfully established existing use or structure, or part or appurtenance thereof, not in conformance with the requirements of this Code.

Nonparticipating Property (for Wind/Solar Energy Facilities). Real property that is not a participating property.

Nonparticipating Residence (for Wind/Solar Energy Facilities). A residence that is located on a nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the Commercial Wind Energy Facility or the Commercial Solar Energy Facility that is filed with the County.

Occupied Community Building (for Wind/Solar Energy Facilities). Any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility that is filed with the County: a school, place of worship, day care facility, public library, or community center.

On-Site. Located within the property boundary lines of any lot.

Off-Site. Located outside the property boundary lines of any lot.

Off-Street Parking. The storage space for a limited amount of time for an operable automobile on premises other than streets or right-of way.

On-Right-of-Way Parking. The storage space for a limited amount of time for an operable automobile that is located within the street right-of-way.

Operator (for Wind/Solar Energy Facilities). The entity responsible for the day-to-day operation and maintenance of the Commercial Wind Energy Facility or Commercial Solar Energy Facility.

Outdoor Fireplace. A self-contained, manufactured noncombustible cooking unit provided with a tight-fitting screen or lid and supported off the ground by non-combustible legs.

Owner. A titleholder of record, or if title is held in trust, the beneficiary of the trust or the person or persons who have acquired any interest in the property by contract or purchase or otherwise.

Parapet. The extension of a false front or wall above a roof-line.

Parkway. The area, excluding the sidewalk, if any, between the property line and the curb or, in the absence of a curb, between the property line and the nearest edge of the street paving.

Participating Property (for Wind/Solar Energy Facilities). Real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a Commercial Wind Energy Facility, a Commercial Solar Energy Facility, or Supporting Facilities. Participating Property also includes real property that is owned by a facility owner for the purpose of constructing a Commercial Wind Energy Facility, a Commercial Solar Energy Facility, or Supporting Facilities.

Participating Residence (for Wind/Solar Energy Facilities). A residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the Commercial Wind Energy Facility or the Commercial Solar Energy Facility is filed with the County.

Party Wall. A wall starting from the foundation and extending continuously through all stories to or above the roof, that separates one (1) building from another, but is in joint use by each building.

Patio. A paved surface, no higher than one (1) foot above the ground, designed and intended for recreational use by people and not as a parking space.

Performance Standards. A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards, or glare of heat or other matters generated by or inherent in use of land or buildings.

Permanent Foundation. A closed perimeter formation consisting of materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line which includes, but is not necessarily limited to, cellars, basements, or crawl spaces, but excludes the use of piers.

Plan. The 2030 Land Resource Management Plan, as may be amended from time to time.

Planned Unit Development. A development to be constructed by a single owner or group of owners acting jointly, located on a lot of record; involving a related group of uses, planned as an entity and, therefore, acceptable for development and regulation as one (1) complex land use unit, rather than as a mere aggregation of individual buildings located on separate unrelated lots.

Pool Hall. Establishments that provide, as a principal use, pool tables or billiard tables or a combination thereof for customer use.

Porch. A structure, which can be enclosed or unenclosed, that projects from the exterior wall of a building, has direct access to the street level of the building, and is covered by a roof or eaves. An "Unenclosed Porch" is a porch that is open on two (2) or more sides, and may have a railing along the edge. An "Enclosed Porch" is a porch that is enclosed by walls, screens, lattice or other material on two (2) or more sides. A screened-in porch shall be considered an "Enclosed Porch."

Principal Building. A non-accessory building in which a principal use of the lot on which it is located is conducted.

Principal Use. The main use of land or structure as distinguished from an accessory use.

Project Area (for Wind/Solar Energy Facilities). The entirety of the property for which a permit for the construction of a Wind/Solar Energy Facility is sought.

Property Line. The lines depicting lot ownership which usually serves as a zoning lot boundary but not always.

Protected Lands. Real property that is: 1) subject to a permanent conservation right consistent the Illinois Real Property Conservation Rights Act; or 2) registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.

Public Use Area (for Parking Standard Calculations). The area within a use where the public or a substantial number of the public has access to, including but not limited to, such areas as dining rooms, restrooms, bar seating, display areas, etc.

Recreational Vehicle. A vehicular unit, which is designed as a temporary dwelling for travel, for recreational use and/or for vacation use, and which is self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, motor home, or boat with accessory trailer.

Real Estate Model Unit. A residential unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a particular subdivision or other residential development. Model units may also incorporate sales or rental offices for dwellings within the development.

Refuse and/or Recycling Containers. Designated storage areas and equipment used to collect refuse and recyclables, such as refuse disposal dumpsters and recycling bins.

Regional Planning and Economic Development Department. The County Department charged with implementation of the 2030 Land Resource Management Plan by assisting in the economic development of the County. If the Department is renamed, the most current Department title will apply throughout this Ordinance.

Roof, Blue. A roof designed to store water and discharge water, typically rainfall.

Roof, Green. A building roof partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.

Roof, White. A roof designed to deliver high solar reflectance, reducing heat transfer to the building and the ability to radiate absorbed, or non-reflected solar energy.

Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.

Rotor Diameter. The diameter of the circle described by the rotation of the turbine in a plane perpendicular to the nacelle axis, measured at the outermost tip of the blade.

Satellite Dish Antenna. A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.

Seasonal/Holiday Sales Lot. A temporary event for the sale of holiday-related goods, such as pumpkins and Christmas trees.

Shed. A relatively small accessory building often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity, or plumbing and it is commonly not placed on a permanent foundation when under two hundred (200) square feet in area. A "Shed" is typically intended to store lawn, garden, or pool care equipment.

Shopping Center. A group of retail and other commercial establishments that is planned, owned and managed as a single property. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two (2) main configurations of shopping centers are malls and strip centers.

Sidewalk Sale. A temporary sales event where merchants display merchandise outside of the store.

Sign. A name, identification, description, display, illustration or attention-getting device which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or lot, and which directs attention to a person, business, product, service, place, organization or entertainment. "Sign" shall not include the flag of any nation, state or governmental entity.

Sign, A-Frame. Any sign ordinarily in the shape of an "A," or some variation thereof, located on the ground, not permanently attached and easily movable, and usually two-sided.

Sign, Animated. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. "Animated Signs" do not include "Electronic Message Signs."

Sign, Awning. A sign that is printed or displayed upon an awning.

Sign, Banner. Any sign printed or displayed upon cloth or other flexible material with or without frames. A banner, in compliance with the regulations of this Code, is not considered an "Attention-Getting Device."

Sign, Canopy. A sign that is printed or displayed upon a canopy.

Sign, Construction. A temporary sign identifying an architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located and which may identify the proposed use for the property.

Sign, Directional. A sign that identifies parking lot entrances and exits, restrooms, public telephone, walkways, parking lot entrances and exits, and features of a similar nature. This sign may contain the name or insignia of the business.

Sign, Flashing. A sign which contains an intermittent or sequential flashing light source used primarily to attract attention.

Sign, Freestanding. Any sign placed upon or supported by the ground independently of any other structure.

Sign, Freestanding Monument. A sign that is placed on or supported by the ground, independent of the principal structure on the lot, where the monument base is designed as an integral part of the sign structure.

Sign, Freestanding Pole. A ground sign that is affixed, attached, or erected on one (1) or two (2) poles that is not itself an integral part of the sign.

Sign, Menu Board. A device which functions to list items for sale at an establishment with drive-through facilities.

Sign, Moving. Any sign which, in whole or in part, rotates, elevates or in any way alters position or geometry. "Moving Signs" do not include clocks.

Sign, Nonconforming. A sign lawfully erected and maintained prior to the adoption of this Code that does not conform to the requirements of this Code.

Sign, Political. A sign advocating action on a public issue or recommending a candidate for public office.

Sign, Projecting. A sign that is attached to a structure that extends eighteen (18) inches or more beyond the surface of the structure to which it is attached.

Sign, Portable. A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable signs shall include but are not limited to signs mounted upon a trailer, wheeled carrier or other non-motorized mobile structure, with wheels or with wheels removed.

Sign, Real Estate. A sign advertising the real estate upon which the sign is located as being for rent, lease or sale. A "Real Estate Sign" can also advertise an open house.

Sign, Roof. Any sign wholly erected, constructed, or maintained above the roof structure or parapet of any building with the principal support attached to the roof structure.

Sign, Snipe. A temporary sign or poster affixed to a tree, fence, utility pole and the like.

Sign, Wall. A sign mounted flat against and projecting less than eighteen (18) inches from the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall. "Wall Sign" shall not include "Window Sign" as defined herein.

Sign, Window. A sign attached to, placed upon, or printed on the interior or exterior of a window or door of a building intended for viewing from the exterior of such a building. A "Window Sign" may be either permanent or temporary.

Solar Panel. A device, that collects and converts direct sunlight as a source of energy for such purposes as heating or cooling a structure, heating or pumping water, or generating electricity. "Solar Panel" includes solar thermal panels, but does not include commercial solar energy facility.

Stacking Space. A space specifically designated as a waiting area for vehicles patronizing a drive-through establishment or waiting to access a parking area.

Stoop. An exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a building.

Story. 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.

Street. An improved right-of-way that affords a primary means of access to abutting property.

Street Wall. The wall of a building nearest to and facing on a street.

Structural Alteration. Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.

Structure. Anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.

Structure, Temporary. Any structure not designed to be permanently located, placed or affixed in the place where it is or where it is intended to be placed.

Subdivision. The initial division of a parcel of land into two (2) or more parts, any of which parts is less than five (5) acres, for the purpose of ownership, transfer or building development; or, if a new street is involved, any division of a parcel of land. Where appropriate to the context, the term shall relate to the process of subdividing or to the land subdivided.

Subdivision, Replat or Resubdivision. The re-division or recombination of lots of record contained within a previously recorded subdivision plat.

Subdivision Guide. The requirements of this Ordinance and of the 2030 Land Resource Management Plan that are intended to guide and inform subdividers as to what the County considers proper subdivision design.

Subdivision, Major. A subdivision of five (5) or more lots, all fronting on an existing or proposed right-of-way. Such subdivision shall not be in conflict with any portion or provision of this Ordinance or the 2030 Land Resource Management Plan.

Subdivision, Minor. A subdivision of less than five (5) lots, all fronting on an existing, improved street or road, and not involving any new street, road or easement of access. Such subdivision shall not adversely affect the development of the remainder of the parcel or any adjoining parcels, and shall not be in conflict with any portion or provision of this Ordinance.

Supporting Facilities (for Wind/Solar Energy Facilities). The transmission lines, substations, access drives, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the Commercial Wind Energy Facility or Commercial Solar Energy Facility.

Swimming Pool. A receptacle for water and/or an artificial pool of water over twenty-four (24) inches in depth, either at a private residence intended only for the use of the individual owner, his family and friends, or at a multiple-unit residence intended only for the use of the tenants of the building, their families and friends. Temporary swimming pools of plastic, rubberized cloth or similar material over twenty-four (24) inches in depth are subject to the same standards as permanent swimming pools.

Temporary Batching Plant. A temporary facility for mixing cement, concrete, or asphalt.

Temporary Car Sales Lot. A temporary outdoor event for motor vehicle or recreational vehicle show or sale.

Temporary Construction Dumpster. A container designed to receive, transport, and dump construction waste or recyclables.

Temporary Contractor Trailer. This use includes watchman's trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.

Temporary Holiday/Seasonal Events. A temporary event for holiday-related entertainment activities, such as haunted houses, holiday set-pieces, and similar participatory holiday entertainment activities.

Temporary Outdoor Entertainment Event. A temporary live entertainment event, such as the performance of live music, revue, or play within an outdoor space. "Temporary Outdoor Entertainment Event" includes fireworks shows, carnivals/circuses, temporary worship services, and others. "Temporary Outdoor Entertainment Event" does not include spectator sport horse racing events for commercial purposes.

Temporary Storage Container. Temporary self-storage containers delivered to residential or commercial uses for the resident or business owner to store belongings, and then picked up and returned to a warehouse until called for.

Tent. A portable shelter typically made of canvas, supported by one (1) or more poles and stretched tight by cords or loops attached to pegs into the ground (no permanent installation).

Turbine Height. The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

Use. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Use, Permitted. A use permitted in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this Ordinance.

Use, Special. A use that owing to some special characteristics attendant to its operation or installation is permitted in a zoning district only after special review and approval via the special use permit granted by the County Board.

Wind Turbine. A wind-operated energy device (commercial service) as defined in this Code, or such other wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and transformer pad, and any other appurtenant structure necessary to the production of electricity from wind energy, but such definition does not include accessory buildings, substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures, access roads, or other related facilities

Wall. A constructed solid barrier of concrete, stone, brick, tile or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.

Water Garden. Any ornamental tub, pool, or other natural or artificial water container planted with aquatic plants.

Wind Tower. The wind turbine tower, nacelle, and blades.

Wind Turbine. A wind operated energy device or such other wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, and transformer pad, and any other appurtenant structure necessary to the production of electricity from wind energy, but such definition does not include accessory buildings, substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures, access drives, or other related facilities.

Yard. 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, Corner Side. The open space between the principal building and the side line of the lot which abuts a street and extending from the front line of lot to the rear line of lot. The terms corner side yard and front yard are often interchanged herein this ordinance, therefore, any corner side yard restriction shall apply to a front yard and any front yard restriction shall apply to a corner side yard.

Yard, Front. The open space across the full width of the lot extending from the principal building to the front line of the lot.

Yard, Interior Side. The open space between the principal building and the side line of the lot and extending from the front yard setback line to the rear yard setback line.

Yard, Rear. The open space extending the full width of the lot between the principal building and the rear lot line.

Zoning Map. The map or maps incorporated into this Ordinance as a part thereof, designating zoning districts.

(Ord. No. 2024-CO-045, 7-25-24)