§ 62-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or structure, attached , means a building or structure intended for an accessory use which is physically connected to or within the principal building or structure.

Accessory building or structure, detached, means a building or structure intended for an accessory use which is separated from the principal building or structure.

Accessory use means a use incidental and subordinate to the principal use of the land on the same zoning lot with the principal building, structure or use being served.

Adult arcade means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate 20 percent or more of the business's income, or account for 20 percent or more of inventory, or occupy 20 percent or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas.

Adult cabaret means a nightclub, bar, restaurant, cafe, or similar commercial establishment that regularly, commonly, habitually, or consistently features:

(1)

Persons who appear in a state of nudity or semi-nudity;

(2)

Live performances that are distinguished or characterized by the exposure of specified sexual activities or specified anatomical areas;

(3)

Films, motion pictures, videocassettes, slides, photographic reproductions, or other image-producing devices that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(4)

Persons who engage in exotic or erotic dancing or performances that are intended for the sexual interests or titration of an audience or customers.

Adult motel means a hotel, motel or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;

(2)

Offers a sleeping room for rent for a period of time that is less than 24 hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the sleeping room for a period of time that is less than 24 hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are distinguished or characterized by the exposure of specified sexual activities or specified anatomical areas.

Alley means a public right-of-way which affords a secondary means of vehicular access to an abutting property.

Alteration means any change in the size, shape, character, occupancy or use of a structure.

Automated teller machine means an electronically powered machine installed in the wall of a building, activated by means of a coded card or other similar device which permits limited banking business transactions to be conducted.

Automobile , as used in the context of this chapter, means any passenger automobile or truck not exceeding one and one-half tons in capacity.

Awning. (As defined in chapter 42, the village sign ordinance.)

Basement means a portion of a structure located partially underground but having not less than half its clear floor-to-ceiling height over more than half of its floor area below grade.

Bed and breakfast means an establishment other than a hotel or motel that is designed or used for the living and sleeping accommodations of transient guests which provides toilet and bath facilities which may be shared; a common dining facility may be provided, however guests do not have personal access to kitchen facilities; and, a common entrance is provided.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, the shore line of a creek or river, or corporate boundary lines of the village.

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

Building area means the maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces, and cornices projecting not more than three inches.

Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor of all principle and accessory structures on the lot, expressed as a percentage of the total lot area.

Building height means the vertical distance measured from the sidewalk level or grade or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge of a gable, hip or gambrel roof, excluding elevator or mechanical rooms comprising no more than ten percent of the roof area, in any case where the building setback exceeds the requirements of this chapter, the building height shall be measured from the finished grade at the front of the building.

Building permit means a document issued by the village manager or his designee certifying that the plans reviewed conform to the requirements of the building code.

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

Building setback line means a line parallel to the front lot line set at a distance regulated by the front yard requirements established by this chapter. The front setback shall be measured from the front property line to the building foundation. Where established buildings on platted lots in a block, or 400 feet on either side have an average front yard setback greater than that required in the zoning district, the front yard setback requirement shall be the mean average setback of the existing buildings; however, in no case other than when the district regulations call for a greater setback shall the setback exceed 40 feet. Where a lot on which a building line setback is required adjoins a district with a smaller setback requirement, the front yard setback for a distance of not more than 50 feet from the district line need not exceed 50 percent of the setback required in the district in which the lot is located. Enclosed porches are not permitted beyond the building setback line. Open porches, stoops and other similar structures may project not more than 60 inches beyond the building setback line.

Business means retail, wholesale and service establishments which cater to the community needs for goods and services.

(1)

The term "retail business" means the sale of merchandise directly to the consumer for personal or household use.

(2)

The term "wholesale business" means the sale of merchandise to retailers or to institutional, industrial, commercial and professional users.

(3)

The term "personal service" means any enterprise conducted for gain which primarily offers services to the general public, including, but not limited to, shoe repair, watch repair, barber or beauty shop,

(4)

The term "business service" means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.

Cafeteria means a business establishment in which food and drink are served for consumption inside the building only. Patrons select from a visible array of prepared items with selections which may vary from day to day. A cafeteria is permitted as a matter of right to be located in a commercial, office or industrial facility when designed and restricted to serve as their primary clientele the employees of the commercial, office or industrial facility in which it is located.

Cannabis means marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as Cannabis indica , of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

Carry-out food service means an establishment which by design of physical facilities, including, but not limited to, internal layout, parking accommodations, etc., or by service or packaging procedures, permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off-premises, and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.

Carwash means a building or a portion thereof providing drive-in access to the public and containing facilities for the washing of motorized vehicles.

Catering means the supplying of prepared food, to be sold, served and consumed on-premises other than those belonging to the caterer.

Cellar means a portion of a structure located partially or wholly underground and having half or more than half of its clear floor-to-ceiling height over half or more than half of its floor area below ground.

Certificate of building and zoning compliance means a document issued by the zoning enforcement administrator certifying that a building, structure and/or its use, or the use of premises, conform to the provisions of this chapter, or, in the case of nonconforming use, that such use is lawful under the terms of this chapter. No building, structure, or parcel of land may be placed into use after the effective date of the ordinance from which this chapter is derived without its owner having received a certificate of building and zoning compliance. Any building, structure or parcel of land offered for gift, trade or sale where a transfer of title is intended must be re-inspected to determine its conformity with the provisions of this chapter.

Clinic means an establishment where human patients receive medical or dental examination or treatment, but are not lodged overnight.

Club or lodge, private, means a nonprofit association of persons who are bona fide members paying monthly or annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available.

Commission means the planning and zoning commission of the village.

Community residence, large, means a group home or specialized residential care home serving persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. A community residence is deemed large when the number of unrelated disabled persons living in the residence exceeds the permitted number of unrelated nondisabled persons allowed to live in a residence as determined by the village's definition of family. Full-time staff, meaning staff which occupy the residence overnight, shall not be included when calculating the number or unrelated persons living in a residence, but shall be included when determining the number of persons that can live in a structure spatially as per the building code. The term "community residence" does not include a residence which serves persons whose primary reason for placement is substance abuse, or persons whose primary reason for placement is treatment of a communicable disease.

Community residence, small , means a group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. The number of unrelated disabled persons allowed to live in a residence shall be the same number of unrelated nondisabled persons allowed to live in a residence, which is determined by the village's definition of "family." Full-time staff, meaning staff which occupy the residence overnight, shall not be included when calculating the number of unrelated persons living in a residence, but shall be included when determining the number of persons that can live in structure spatially as per the building code. The term "community residence" does not include a residence which serves persons whose primary reason for placement is substance abuse, or persons whose primary reason for placement is treatment of a communicable disease.

Daycare center means an institution or place in which are received three or more children, not of a common parentage, apart from their parents or guardian, for part or all of a day, but not later than 9:00 p.m. The term "day care center" includes, but is not limited to, the following: nursery school, child care center, day nursery, kindergarten and play group, but does not include bona fide kindergartens, child care centers, play groups or nursery schools operated by a public or private elementary or secondary school system or the village.

Disability means any person whose disability:

(1)

Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments.

(2)

Is likely to continue for a significant amount of time or indefinitely.

(3)

Results in functional limitations in three or more of the following areas of major life activities;

a.

Self-care.

b.

Receptive or expressive language.

c.

Learning.

d.

Mobility.

e.

Self-direction.

f.

Capacity for self-living.

g.

Economic self-sufficiency.

(4)

Reflects the person's need for a combination and sequence of special interdisciplinary generic care, treatment or other services which are of a lifelong or extended duration.

Discontinuance means the discontinuance or abandonment is the cessation or termination of a use or activity for a period of time as specified in article IV of this chapter, regardless of any intent to resume or not to abandon such use; such use shall not thereafter be reestablished or resumed. The continuance of public utilities: water, refuse service, gas, electricity or telephone, shall not automatically be considered a continuance of the use or activity. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located. Any period of such discontinuance caused by government action other than involved in enforcing criminal codes, strikes, material shortages, or acts of nature, and without any contributing fault by the nonconforming user shall not be considered in calculating the length of discontinuance for purposes of this definition.

District means a division of the geographic area of the village, as shown on the zoning map, identifying boundaries within which regulations include, but are not limited to, use, height, bulk, yard limits, lot size governing land, buildings and premises in a uniform manner. District map means the official district map of the village, as adopted by the village board with all amendments subsequently adopted by the village board, on file in the office of the village clerk and being the official zoning map for the village.

Drip line means the farthest most point of a structure's roof other than a gutter.

Drive-in.

(1)

The term "drive-in" means a building or structure from which sales or deliveries of personal property or goods are made, services rendered, directly either:

a.

To persons outside the building through window or window-type openings in said building;

b.

To persons who are the occupants or drivers or motor vehicles; or

c.

To persons who may partially or fully receive, enjoy or use the services or personal property purchased while remaining on the premises as the driver or occupant of a motor vehicle.

(2)

The term "drive-in" includes any carwash in which cars are either driven, pushed or pulled through a washing apparatus, but shall not include a parking lot, nor a private, public, or storage garage, nor a gasoline station.

Dwelling means a building designed or occupied for other than transient residential use including one or more dwelling units as defined herein, but not including a house trailer, mobile home, hotel, motel, bed and breakfast or similar transient accommodations.

Dwelling, multiple-family, means a dwelling is a building containing three or more dwelling units, also referred to as a multifamily dwelling.

Dwelling, one-family, means a building containing one dwelling unit only, and detached or separated from other dwelling units by open space, also referred to as a single-family dwelling.

Dwelling, townhouse, means a structure composed of at least two, but not more than eight, dwelling units attached by party wails, each of which has separate entrances which provide direct access to outside yards or approaches.

Dwelling, two-family, means a building containing two dwelling units only, and detached or separated from other dwelling units by open space.

Dwelling unit means one or more rooms which are arranged, designed, or used as living quarters for one family only; and containing a complete single kitchen and permanently installed toilet and bath facilities.

Easement means the legally documented and recorded authorization by a property owner for use by another, and for a specific purpose of a designated area of his property.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration,

Family means one person living alone; two or more persons related by blood, marriage, adoption or guardianship living together as a single housekeeping unit and occupying one single dwelling unit; or not more than three persons who need not be related by blood, marriage, adoption or guardianship, living together as one single housekeeping unit by joint agreement, occupying on a nonprofit cost sharing basis, one single-dwelling unit and using common entrances and exits and providing for legal off-street parking of all vehicles in their possession.

Fence means a structure as defined in and regulated by "an ordinance regulating fences and hedges" for the village as heretofore duly passed and approved by the village board, as may be amended from time to time.

Floodplain. The use of the terms "floodplain," "flood hazards" and "floodplain regulations" refer to the definitions and regulations as contained in "an ordinance establishing floodplain regulations for the Village of Brookfield," heretofore duly passed and approved by the village board, as may be amended from time to time.

Floor area , for determining off-street parking spaces and loading berths for any use, means the sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas located within selling or working spaces such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to businesses or professional offices. However, the term "floor area," for the purposes of measurement for off-street parking spaces, does not include: floor area devoted primarily to storage purposes, except as otherwise noted herein; floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing, to the production or processing of goods, or to business or professional offices.

Frontage means all the property fronting on one side of a street, measured along such street between an intersection or an intersecting street and:

(1)

Another intersection or intersecting street;

(2)

A right-of-way in excess of 30 feet;

(3)

The end of a dead-end street;

(4)

A watercourse; or

(5)

The corporate limits of the village.

Garage means a structure, or part thereof, designed or used for the parking and storage of a motor vehicle.

Garage, private commercial, means a building other than a private truck or bus garage used for the parking or storing of motor vehicles of customers and employees not exceeding a gross weight of 8,000 pounds within the structure for periods of less than 24 consecutive hours and for which no remuneration is received. No care, incidental servicing or the sale of automotive supplies from such vehicles is permitted. Such structures shall be permitted as an accessory use in any commercial or industrial zoning district where servicing a principal use on the same zoning lot.

Garage, private residential, means a detached structure or a portion of the principal building designed, arranged used or intended to be used for the storage of motor vehicles not exceeding 4,000 pounds in gross weight.

Garage, public, means a building other than a private truck or bus garage used for the parking or storing of motor vehicles not exceeding a gross weight of 8,000 pounds for remuneration, hire or sale within the structure. Care, incidental servicing and sale of automotive supplies for such vehicles parked or stored is permitted.

Garage, truck and/or bus, means a building which is designed or used, or intended to be used, for the storage of motor trucks, truck trailers, tractors, buses and commercial vehicles.

Gasoline service station means a facility, including the buildings and equipment used for the retail sale of products, other than liquefied petroleum gases, for the propulsion of motor vehicles, and in addition thereto, may include the following:

(1)

The sale of kerosene, package naphtha, stoddard solvent, lubricants, tires, batteries, antifreeze, and items of motor vehicle accessories customarily associated with such retail business;

(2)

Lubricating of motor vehicles;

(3)

Rendering of services, including making of adjustments and repairs to motor vehicles; and

(4)

Washing, polishing, and application of wax and similar protective finishes, also referred to as a gas station.

No washing, polishing or waxing of vehicles nor any repair to vehicles which render them inoperative may be conducted other than within an enclosed structure. Tires, windshield wiper items, oils and automotive fluids offered for sale on the premises may be displayed outdoors only during the hours of operation of the gasoline service station.

Green space means areas undisturbed by buildings, structures, or improved surfaces, and maintained as grass or other vegetative landscaping.

Greenhouse/garden store means a business involving the retail sale of nursery stock, fertilizer, plants, insecticides, herbicides, bulbs and seeds in which the primary activity is conducted within a wholly enclosed structure. Temporary outdoor storage of seasonal plants and materials is permitted as incidental to interior activities of the business. Where primary sale and storage other than for seasonal plant sales is not conducted within a wholly enclosed structure, such facility shall be considered a material sale and storage yard.

Home occupation means a service occupation conducted wholly within a dwelling unit by the residents of that dwelling with no nonresident employees, and not occupying more than 25 percent of the floor area, nor exceeding 400 square feet in area, whichever is less, and not changing the outside appearance of the building from that of a residential dwelling. The use of a garage facility is not permitted where such use reduces or eliminates the required number of off-street parking spaces as specified within this chapter. There shall be no traffic or parking need generated in greater volume than would be expected in a normal residential neighborhood and no noise, vibration, fumes, odors, electrical interference, glare heat, or safety hazard to the occupants of nearby properties or which produces other offensive effects detectable off the lot (for one-family residences) or outside the dwelling unit (for all other dwelling units).

Hotel means an establishment that is designed or used for the living and sleeping accommodations of transient guests which provides individual toilet and bath facilities and which may or may not provide kitchen facilities and which has a common entrance.

Improved surface means any improvement or treatment, other than principal and accessory buildings and structures, which prevents, impedes, or slows infiltration or absorption of stormwater directly into the ground at the rate of absorption of vegetation-bearing soils. Improved surfaces include, but are not limited to, concrete, gravel, pavers, wood, stone, or any materials similar in nature.

Kennel means any lot or premises on which four or more domesticated canines and/or felines of more than four months of age or older are housed, groomed, bred, boarded, trained or sold.

Live theatrical performance means a play, skit, opera, ballet, concert, comedy, or musical drama.

Loading space means an unobstructed hard-surfaced area, no part of which is located in a street or public right-of-way and which is used for the standing, loading, or unloading of merchandise or material from commercial vehicles. Required off-street loading space is not to be included as an off-street parking in the computation of required off-street parking spaces.

Lot means a "zoning lot," except where the context shall specifically indicate a "lot of record." The term "lot" is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.

Lot area means the total horizontal area within the lot lines of a lot.

Lot, comer, means a lot abutting two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street line ₍ which intersect with each other to form an angle of less than 135 degrees.

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

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

Lot line means the line of demarcation between properties either public or private.

Lot line, corner side, means any street line of a corner lot other than its front lot line.

Lot line, front, means, in the case of an interior lot abutting upon only one street, the line separating such lot from such street; in the case of a through lot, the two shortest lot lines separating such lot from such streets shall be considered a front lot line; in the case of a corner lot, the shorter lot line separating such lot from a street shall be considered to be the front lot line.

Lot line, rear, means that lot line which is most distant from and is or is nearly parallel to the front lot line. Lines other than front lot lines or rear lot lines are considered side lot lines.

Lot line, side , means any lot line other than a rear lot line, front lot line or corner lot line.

Lot of record means a lot that is part of a subdivision, the properly approved plat pursuant to state statute and village subdivision regulations (after village incorporation or by the proper county official prior to incorporation of or annexation into the village), and which has been legally recorded in the office of the recorder of deeds or the registrar of titles of the county.

Lot, reverse corner, means a corner lot, the rear of which abuts upon the side of another lot whether immediately thereto or across an alley or easement.

Lot, through , means a lot having frontage on two nonintersecting streets. On a through lot both street lines shall be deemed front lot lines.

Lot, zoning , means a tract of land consisting of one of more lots of record under a single fee title ownership and/or control located entirely within one block and occupied by or designated by its owner or developer with the owner's consent, at the time of filing for any zoning approval or building permit as a tract to be developed for one principal building and its accessory building or buildings, or as one principal use, ail together with such open spaces and yards as are designed and arranged, or required under this chapter, to be used with such building or use. Where it is represented to the proper village officials in writing at the time of filing for zoning approval or building permit that the building is to be resub divided for condominium purposes under the state condominium statutes and in conformity with the same, standards applicable to bulk space and yard requirements shall be applied with respect to the structure as a whole rather than with respect to individual dwelling units or future lots of record.

Medical cannabis means cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms which can be administered by a variety of routes, including, but not limited to, vaporizing or smoking dried buds; administering tinctures or tonics; applying topicals such as ointments or balms; consuming infused food products, soda or teas; or taking capsules;

Medical cannabis cultivation center means 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 facility means a facility where medical cannabis, paraphernalia, or related supplies and educational materials are dispensed to registered qualifying patients operated by a medical cannabis dispensing organization.

Medical cannabis dispensing organization means an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered medical cannabis cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

Motel means an establishment that provides services similar to a hotel but that is designed for use primarily by transient automobile tourists.

Municipal services means any activity or operation of the village utilizing any office, building, garage, storage area or structure; park or recreational facility; structure or appurtenance utilized to provide water transmission, storage, sewage collection, detention, retention or treatment; refuse, compost or recyclable material storage, transfer or disposal; or similar purposes allowed to any municipality under the authority of the state constitution or the state revised statutes or any activity or undertaking granted to the village by any duly authorized agency of the federal government or the state.

Nonconforming building or structure means a building or structure which:

(1)

Does not comply with all of the regulations of this chapter or of any amendment hereto governing parking, loading, or bulk and space requirements for the zoning district in which such building or structure is located;

(2)

Is located on a legal nonconforming lot of record, whereupon yard, setback or coverage requirements do not meet the requirements of this comprehensive zoning amendment; or

(3)

Is a combination of subsections (1) and (2) of this definition.

A legally established nonconforming building or structure not posing a hazard or threat to life, safety or the general welfare of the village and its residents and guests and which exists on the date of the passage of the ordinance from which this chapter is derived may be continued in lawful use and in like manner under the provisions of this chapter; however, it may not be automatically expanded beyond the physical exterior of the presently existing building or structure.

Nonconforming lot of record means a lot of record that does not comply with the lot requirements for any permitted use in the district in which it is located.

Nonconforming lot of record, legal, means a nonconforming lot or record that:

(1)

Was created by a plat or deed recorded at a time when, and came into ownership separate from adjoining tracts of land at a time when the creation of a lot of such size, shape, depth and width at such location would not have been prohibited by any ordinance or other regulations; and

(2)

Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by any applicable ordinance or other regulations.

Nonconforming use means any use lawfully being made of any land, building or structure, other than a fence, hedge or sign (as governed by regulations contained in ordinances and amendments regulating those items), existing on the effective date of this comprehensive revision or any amendment thereto which does not conform to this chapter or any such amendment thereto, governing use for the zoning district in which such land, building or structure is located.

Nude model studio means any place where a person who appears in a state of nudity or semi-nudity, or displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

Nudity or state of nudity means the appearance of a human's bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Nursing home means an establishment that provides full-time nursing and health- related personal care, but not hospital services, which has in-patient beds for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment; a hospital shall not be construed to be included in this definition.

Office means a place for the transaction of business where reports are prepared, records kept and professional, administrative or business-related services are rendered. No retail or wholesale sales are offered and no manufacturing, production, assembly or other distribution takes place, except those activities that are customarily incidental to the service rendered and no warehousing exceeds more than 40 percent of the gross floor area devoted to such office use.

Open space means an area, publicly or privately owned; or in the form of a permanent easement, which may include required yard areas, other than those areas elsewhere regulated or elsewhere prohibited in this chapter or other ordinances and regulations of the village, that is:

(1)

Open and unobstructed from ground to sky, except by facilities specifically designed, arranged, and intended for use in conjunction with passive or active outdoor recreation or relaxation;

(2)

Located at least five feet from any structure, except by facilities specifically designed, arranged, and intended for use in conjunction with outdoor recreation or relaxation;

(3)

Landscaped, maintained or otherwise treated to create a setting appropriate to recreation or relaxation;

(4)

Accessible and usable by the residents of all dwellings, or the users of all nonresidential buildings it is intended or required to serve; and

(5)

Not covered by water, used for stormwater retention or detention or to commercial agricultural production.

Outside storage means the temporary or permanent warehousing, displaying or selling of supplies, inventory, equipment, motor vehicles not registered specifically to the site, or other items not within the confines of a building. However, excluded from the term "outside storage" are off-street parking spaces required by this chapter for employees and patrons as well as loading areas required by this chapter.

Owner includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under written leases having an expired term of at least ten years, and the like. Whenever a statement of ownership is required by this chapter, full disclosure of all legal and equitable interests in the property is required.

Parking area means an area of land located other than in a public right-of-way or as may be contained within a garage, designed and used for the parking of motor vehicles, which for residentially zoned property and/or residential uses shall be limited to personal passenger automobiles and trucks not exceeding one and one-half ton in capacity, and provided for the occupants of the building for which the parking area is developed and accessory.

Parking lot means a parcel of land containing one or more unenclosed parking spaces, the use of which is principal to the lot as differentiated from an accessory use.

Parking space means an area not located in a public right-of-way used for the parking of a vehicle.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Personal service means any enterprise conducted for gain which primarily offers services rather than goods to the general public.

Planned development means an area of land developed under the terms and requirements of this chapter, in which a variety of housing types or commercial facilities or industrial facilities, or an approved combination thereof, are accommodated in a preplanned environment and as may be duly authorized by the village board under the procedures contained elsewhere in this chapter.

Planning and zoning commission means the planning and zoning commission of the village.

Premises means a lot, plot or parcel of land, together with the buildings and structures thereon.

Principal use means the use of a zoning lot, whether a permitted or special use, designated by the owner of such lot as the primary or main use of such lot and to which any other use on such lot must be accessory.

Public utility means any person, firm, or corporation under public regulation furnishing franchised services such as cable television, communications, gas, electricity, telegraph, transportation, sewage or water service.

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

Recreational facilities, commercial, means recreational facilities open to the public and operated for gain.

Recreational facilities, noncommercial, means private and semipublic recreational facilities which are not operated for gain.

Recreational vehicle means every vessel or boat originally designed for living quarters, recreation, or human habitation and not used as a commercial vehicle, including, but not limited to, the following:

(1)

Boat means any vessel used for water travel. A boat mounted on a trailer shall be considered one vessel.

(2)

Camper trailer means a folding or collapsible vehicle without its own motor power, designed as temporary living quarters for travel, camping recreation or vacation use.

(3)

Motorized home means a temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self-propelled vehicles.

(4)

Off-the-road-vehicle means a vehicle intended principally for recreational use off of roads where state vehicle licenses are not required, such as a dune buggy, go-cart, or snowmobile.

(5)

Racing car or cycle means a vehicle intended to be used in racing competition, such as a race car, stock car or racing cycle.

(6)

Travel trailer means a vehicle without its own motor power, designed to be used as a temporary dwelling for travel, recreational, or vacation uses.

(7)

Truck camper means a structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping recreational, or vacation uses. When mounted on a truck, such structure and truck shall together be considered one vehicle.

(8)

Van is a general term applied to a noncommercial motor vehicle licensed by the state as a recreational vehicle.

(9)

Vehicle trailer means a vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile, for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with another vehicle mounted on it shall be considered one vehicle.

Residential use means any use permitted in a residential district.

Retail means the disposal, by sale or exchange, of specific goods to, or the acquisition of specific goods by, a person for the use other than for purposes of resale.

Right-of-way means a strip of land designated for use for vehicular or pedestrian access or passage or for installation of railroad tracks, utility lines, or similar facilities.

Right-of-way, private, means a right-of-way that has not been dedicated to or accepted by a governmental agency.

Right-of-way, public, means a right-of-way that has been dedicated to and accepted by a government agency.

Semi-nude or semi-nudity means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. The term "semi-nude" or "semi-nudity" includes the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

Setback line means a line representing the minimum horizontal distance between a specified lot line, measured at right angles to such lot line, and the drip line* for a building established by zoning, platting or other legal means to restrict encroachment of buildings and certain structures beyond said lines. Setback lines may be measured from the foundation provided the drip line is no more than 24 inches away from the building's foundation, and there are no primary structures within ten feet of the foundation.

Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

A principal business purpose exists if the services offered are intended to generate business income.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

Short-term accommodation , unless otherwise specifically stated in this chapter, means a period of not more than 15 consecutive days.

Sign. Any reference to a sign, unless otherwise specifically indicated herein shall refer to the definition of signs and their regulations as established in chapter 42 by the sign ordinance of the village, as may be amended from time to time.

Spa, commercial , means a nurturing, safe, and clean commercial establishment providing massage therapy, as defined by 225 ILCS 57/10, performed by state-licensed professionals only, excluding any adult uses as defined by this Code. Wellness or beauty related retail, salon services, cuisine, or fitness activities may be provided as additional services, excluding any uses or services related to adult uses as defined by this Code.

Special use permit means a specific use of buildings or land, or a combination thereof, as described and allowable upon the approval of the village board, subject to the provisions and requirements contained in this chapter.

Specified anatomical areas means:

(1)

The human male genitals in a discernibly turgid state, even if fully and opaquely covered.

(2)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Story, building, except as otherwise specifically provided in this chapter, means that portion of a building included between the surface on any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it. The floor of a story may be split levels, provided that there is not more than four feet difference in elevation between the different levels of the floor. Where a floor-to-ceiling height is greater than 15 feet, the number of stories shall be determined by dividing the floor-to-ceiling height by eight. Where the resultant number is less than a whole number, but greater than one-half, the calculation shall reflect a half-story. For that portion of a building under a gable, hip or mansard roof, the top wall plates of which are not more than four and one-half feet above the finished floor of such story, which also has a floor-to-ceiling height of less than seven feet, and which contains less than 50 percent of the gross floor area of the story below it shall be counted as a one-half story, otherwise it shall be considered a full story. A basement shall be counted as a full story when it has a floor-to-ceiling height of more than seven feet and or more than one-half of such basement height is above the established curb level or above the finished grade level where a curb level has not been established.

Street means the portion of a public or private right-of-way, other than a driveway, easement or alley that affords the principal means of vehicular access to abutting property. For the purpose of allowing construction or use of a zoning lot after the effective date of the ordinance from which this chapter is derived, a street must be constructed, paved, inspected, and approved by the village as meeting its specifications for streets.

Street line means a lot line separating a street right-of-way from other land.

Street, public , means a street that has been dedicated to and accepted by, or otherwise acquired by a government agency.

Structural alteration means any change, other than incidental repairs, that would prolong the life of the supporting members of a structure, including, but not limited to, bearing walls, columns, beams, girders, or foundations; or that would alter the dimensions or configurations of the roof or exterior walls of a structure or that would increase either the gross or net floor area of a structure.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground, but not including paving or surfacing of the ground.

Transient means a person residing in a location of a period of time not to exceed 15 consecutive days.

Transitional service facility means an authorized and licensed dwelling operated by a public or private agency duly authorized and licensed by any state agency having authority to license and approve said facility that houses individuals being cared for by the agency and deemed by the agency to be capable of living and functioning in the community and that provides continuous professional guidance, other than a clinic, hospital, nursing home or school.

Temporary storage container means a storage container utilized for temporary safeguarding of household or other items, including a container used in connection with a home sale or home renovation. The definition of a temporary storage container expressly excludes permanent storage containers which are governed under sections 62-16, 62-17 and 62-18 of this chapter as accessory storage buildings or structures.

Use means the purpose or activity for which the land or structure is designed, arranged, or intended, or for which it is occupied or maintained.

Variance means a relaxation of the requirements of the zoning ordinance granted by the village board after properly completing the variation process, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, the enforcement of this chapter would result in unnecessary and undue hardship.

Vehicle means any device for carrying passengers, goods, or equipment, including, but not limited to, passenger automobiles, vans, trucks, buses, recreational vehicles, and vehicles used for commercial, business or governmental purposes.

Village manager, when used in this chapter, refers either to such official or to his duly authorized delegate.

Warehouse means an enclosed building for the storage of merchandise or commodities.

Wholesale trade means a business engaged in the sale of commodities in quality, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions, rather than to the ultimate consumer.

Wholly enclosed means a structure which, through the use of walls, fencing, gates, doors or similar means, but excluding the stacking of usable or obsolete material, trailers, vehicles or landscape material, creates a screening from human senses from grade to sky of the items, materials, or goods therein contained. A required open space on a lot located between a lot line and a yard line that is, except as otherwise expressly authorized by this chapter, unoccupied and unobstructed from grade to sky.

Yard, corner side, means a yard extending from the front yard line to the rear yard line between the corner side lot line of a lot and the corner side yard line.

Yard, front, means a yard extending across the entire front of a lot between the front lot line of the lot and the front yard line.

Yard line, corner side, means a line drawn parallel to a corner side lot line at a distance therefrom equal to the depth of the required comer side yard.

Yard tine, front, means a line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard.

Yard line, rear , means a line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.

Yard line, side, means a line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required side yard.

Yard, perimeter, means a yard within and abutting the boundary of a planned development.

Yard, rear, means a yard extending across the entire rear of a lot between the rear lot line and the rear yard line.

Yard, side, means a yard extending along the side of a lot line from the front yard to the rear yard between the side lot line and the side yard line.

Yards, required, means the minimum yard depth designated in the regulations of this chapter establishing minimum front, corner side, side and rear yard requirements for various uses, structures and districts. Unless otherwise designated in this chapter, yard measurements shall be taken from the property line to the eaves (drip line) of the building or to the most protruding point of the building facing the specific lot line being measured.

Zoning district means a part of the corporate area of the village wherein regulations of this chapter are uniform.

Zoning district map means the official map as adopted by the village board and as may be amended from time to time and made part of this chapter, representing the locations and boundaries of zoning districts. For the purpose of this chapter, the terms "zoning map" and "zoning district map" are synonymous.

Zoning enforcement administrator means the official appointed by the village manager to administer and enforce this chapter. For the purpose of this chapter, the terms "zoning enforcement administrator" and "code enforcement director" are synonymous.

Zoning permit means a document issued by the zoning administrator authorizing buildings, structures or uses consistent with the terms of this chapter.

(Code 1964, §§ 30-3.02, 30-3.03; Ord. No. 96-14, 3-25-1996; Ord. No. 2002-36, 7-22-2002; Ord. No. 2006-64, 9-11-2006; Ord. No. 2006-68, 8-28-2006; Ord. No. 2007-25, § 1, 3-26-2007; Ord. No. 2007-26, § 1, 3-26-2007; Ord. No. 2007-59, § 1, 6-25-2007; Ord. No. 2010-69, §§ 10, 11 (30-3.02), 10-25-2010)(Ord. No. 2013-69, § 19, 12-16-2013; Memo of 3-13-2015; Ord. No. 2015-42, § 2 , 6-22-2015; Ord. No. 2017-54 , § 4, 9-11-2017; Ord. No. 2017-59 , § 4, 10-23-2017)