17.30 – Definitions

17.30.010 – Interpretation of generic uses

Certain terms in this Chapter define a category of uses, to allow some flexibility and in order to eliminate overly detailed lists of uses. These terms are referred to in this Title as generic uses, and are indicated by including (G) in the definition.

Requirements for parking and loading or other provisions of this Title may apply differently to individual uses within a generic use category. A change from one use within a generic use category to another use shall be considered a change in use, even if the latter use is within the same generic use category as the initial use.

17.30.020 – Use definitions

Accessory Use (G). A use that is subordinate in area, extent and purpose to the principal use on the lot, and that is customarily maintained for the benefit of a permitted principal use. Examples of accessory uses include off-street parking facilities and outdoor storage.
(Ord. 1988-Z-8 § 1.)

Adult Uses.
Adult Uses means adult bookstores, adult entertainment cabarets, adult motion picture theaters, adult novelty stores, or any combination thereof, as follows:

  1. Adult Bookstore
    An establishment having at least twenty-five percent (25%) of its sales or display area devoted to books, magazines, films and/or videos for sale or rent, or other media or publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to Specified Sexual 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.
    (Ord. 2011-Z-1 § 26.)
  2. 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.
  3. 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 or for viewing on premises by use of motion picture devices or by coin-operated means,
  4. Adult Novelty Store
    An establishment having at least twenty-five percent (25%) of its sales orstock 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.
    (Ord. 2011-Z-1 § 27.)
  5. Specified Sexual Activities.
    For the purpose of this Title, 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.
  6. Specified Anatomical Areas.
    For the purposes of this Title, 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 discernable turgid state, even if completely and opaquely covered.
    (Ord. 2011-Z-1 § 28.)

Agriculture.
The use of land for agricultural purposes, including farming, limited to cultivation of grain crops, horticulture, floriculture and viticulture. This use does not include retail sales, such as nurseries or farm stands.

Airport.
A facility where winged aircraft may land and take off, which may include runways, hangars, facilities for refueling and repair, accommodations for passengers, air traffic control towers, communications towers and antennas, lighting for runways and other facilities, and administrative offices.
(Ord. 1960-16 § III (part).)

Alcohol or Tobacco Sales Establishment.                                                                                                An establishement where the primary purpose, based on floor area, is the sale of a) packaged alcoholic liquor directly to the consumer for consumption off the premises, or b) tobacco or tobacco products, alternative nicotine products, and/or shisha (flavored tobacco for hookah), as defined in Chapeter 5.16 fo the St. Charelse Municipal Code, titled "Tobacco", directly to the consumer for consumption either on or off the premises.  An establishement that has over 50% of the total retail floor area dedicated to the sale or consumption of these tiems shall be considered an Alcohol or Tobacco Sales Establishement.  This use includes a Hookah Louge as defined in said Chapter 15.6.  This use does not include Retail Sales (G), Tavern/Bar, or Restaurant (G), as defined herein.

Art Gallery/Studio.
Premises used principally for the sale, display and exhibition of art. This use may include accessory production of art products and instruction in the production of art using paint, clay, fabric or other media. This use does not include the mass production or manufacture of objects.

Artist Live/Work Space.
Floor area used, or designed to be used, as both a dwelling unit and a place of work by an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts including, but not limited to, drawing, vocal or instrumental music, painting, sculpture and writing.

Assisted Living Facility.
A facility providing residential accommodations and daily assistance for elderly or disabled residents that meets the definition of assisted living established in the Assisted Living and Shared Housing Act (210 ILCS 9/1 et seq.)
(Ord. 2006-Z-19 § II.)

Bank.
An establishment such as a bank, savings bank, or credit union that offers financial services including maintaining checking and savings accounts, and issuing loans and other credit. Investment and other financial services may be provided as part of a bank’s range of services. This use is distinct from Financial Services Institution, which does not offer checking and savings accounts.

Bed and Breakfast.
Single-family residences, occupied by owners or resident managers, which offer lodging on a temporary basis to paying guests in a room(s) without cooking facilities, and may offer breakfast or other meals to these guests. Bed and Breakfast Establishment is differentiated from a Hotel/Motel in that they typically were designed originally as a single-family residence and have a smaller number of rooms.(Ord. 1988-Z-8 § 1.)

Car Wash.
A building or portion thereof containing facilities for washing vehicles, using either automatic or manual equipment, where the vehicle washing service is available to the general public.

Carpet Store.
A carpet store is a full-service retail facility that specializes in the sale of floor coverings such as carpeting, tile, wood, etc.

Cemetery.
This use includes cemeteries for the burial of people or animals, mausoleums and memorial parks, excluding crematoriums.

Coffee or Tea Room.
A limited menu restaurant which is located in conjunction with and on the same premises as a retail use. As a permitted use, a Coffee or Tea Room need not meet the definition of an accessory use in relation to the retail use. As an accessory use, the Coffee or Tea Room must meet the definition of an accessory use in relation to the retail use.

College/University.
Public or private colleges, universities, community colleges or other institutions of higher learning that primarily teach classes that would count toward an associates, bachelor’s, masters or doctoral degree, and that may include associated dormitories. College/University shall not include Schools, Specialized Instructional, as defined herein.

Communication Antenna.
Any exterior apparatus designed for telephone, personal wireless services, broadband, radio or television communications through the sending and/ or receiving of electromagnetic waves. This use includes Small Wireless Facilities, as defined in and regulated by Chapter 13. 24 " Small Cell Wireless Facilities.

Communication Tower.
A structure designed and constructed primarily for the purpose of supporting one or more Communication Antennas, including self-supporting lattice towers, guy towers and monopole towers. This use includes radio and television transmission towers, personal communications service ( PCS), microwave towers, common-carrier towers, cellular telephone towers, and the like. This use does not include any structure erected solely for a residential, non-commercial individual use, such as television reception antennas, satellite dishes or non-commercial wireless antennas ( amateur radio). This use includes Wireless Support Structures supporting Small Wireless Facilities, as defined in and regulated by Chapter 13. 24 " Small Cell Wireless Facilities", when designed and constructed primarily for the purpose of supporting one or more Small Wireless Facilities.

Convent/Monastery.
A building where persons (such as nuns or monks) reside under religious vows.

Correctional Facility.
A facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of a civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail, and prison. Temporary holding cells in police stations are not considered correctional facilities, provided they are accessory in area, extent and purpose to the police station.

Cultural Facility (G).
Facilities open to the public including, but not limited to, museums, cultural centers, and aquariums. Cultural Facility does not include Library, Place of Worship or Lodge or Private Club, as defined herein.

Currency Exchange.
A business that, for compensation, cashes checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a Financial Institution, as defined herein, or a Retail Goods Establishment or Personal Services Establishment where the cashing of checks or money orders is incidental to the principal use.

Day Care Center.
Any child or adult care facility, whether established for gain or otherwise, which regularly provides care for less than twenty-four (24) hours per day for more than three (3) children or adults in a facility other than a residential building, which meets the licensing requirements of the State of Illinois, Department of Children and Family Services. Day Care Center does not include programs operated by public or private elementary and secondary schools, or institutions of higher learning which serve children who are three (3) years of age or older.
(Ord. 1993-Z-4 § 1A.)

Day Care Home.

A dwelling in which a permanent occupant of the dwelling provides care for more than three (3) to a maximum of sixteen (16) children other than the resident family’s natural, adopted or foster children for gain or otherwise, that is licensed by the State as a day care home and/or night care home in accordance with the Illinois Department of Children and Family Services Licensing Standards for Day and Night Care Homes. This use does not include facilities that receive children from a single household or a Day Care Center, as defined herein.
(Ord. 1983-Z-1 § 1.)

Drive-Through Facility (G).
A facility or part thereof that provides goods or services to patrons while they remain in a motor vehicle. Also commonly referred to as a drive-in or drive-up facility.
(Ord. 1980-Z-2 § 1.)

Dwelling Unit, Auxiliary. 
An attached or detached dwelling unit conforming to the following provisions:

  1. Auxiliary Dwelling Unit, Attached. A dwelling unit attached to a single-family detached dwelling unit. The attached auxiliary dwelling unit may have permanent, independent provisions for living, sleeping, eating, cooking and sanitation. A separate exterior entrance to the auxiliary dwelling unit may be provided. An interior connection between the auxiliary dwelling unit and the single-family detached dwelling unit is not necessary, unless required to meet building or fire prevention code requirements.
    (Ord. 1988-Z-8 § 1; Ord. 1960-16 § III (part).)
  2. Auxiliary Dwelling Unit, Detached. A dwelling unit surrounded by open space, which is constructed on the same lot as a single-family detached dwelling unit. The detached auxiliary dwelling unit may have permanent, independent facilities for living, sleeping, eating, cooking and sanitation.
    (Ord. 1988-Z-8 § 1; Ord. 1960-16 § III (part).)

Dwelling, Multiple-Family.
A building with three (3) or more dwelling units not designed as townhouses (see Dwelling, Townhouse), where each dwelling unit is provided an individual entrance to the outdoors or to a common hallway.
(Ord. 1988-Z-8 § 1; Ord. 1960-16 § III (part).)

Dwelling, Single-Family.
A detached dwelling containing a single dwelling unit. Travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing are not included in this definition.

Dwelling, Townhouse.
A building with three (3) or more dwelling units arranged side-by-side, sharing common fire-resistive walls without openings, where each dwelling unit occupies an exclusive vertical space with no other dwelling unit above or below, and where each dwelling unit has at least one individual exit directly to the outdoors.

Dwelling, Two-Family.
A building containing two (2) dwelling units attached either vertically or horizontally. This use does not include Accessory Dwelling Units as defined herein.
(Ord. 1988-Z-8 § 1; Ord. 1960-16 § III (part).)

Dwelling, Upper Level.
A dwelling unit located on a floor above a nonresidential use.

Electronics Superstore.
An establishment with more than 30,000 square feet of floor area that specializes in the sale of electronic merchandise. Examples of items sold in these stores include: televisions, audio and video players and recorders; software; telephones; computers; and general electronics accessories. Major home appliances may also be sold at these facilities.

Emergency Medical Center.
A facility, other than a hospital, that provides emergency medical care and that is licensed by the State of Illinois as an emergency center under the Emergency Medical Services (EMS) Systems Act.

Fairground.
An area wherein buildings, structures and/or land are used for the exhibition of livestock, farm products, and other goods, community events, and/or for carnival-like entertainment, by an organization established under the Illinois Agricultural Fair Act, 30 ILCS 120/1 et seq.

Financial Institution (G).
An establishment, the principal use or purpose of which is the provision of financial services including, but not limited to, mortgage companies and investment services. Financial Institution shall not include currency exchanges, banks, credit unions, and savings banks.

Furniture Store.
A furniture store is a full-service retail facility that specializes in the sale of furniture. Furniture stores are generally large and may include storage areas. Although some home accessories may be sold, furniture stores primarily focus on the sale of pre-assembled furniture. Gas Station. An establishment offering for sale at retail to the public, fuels, oils and accessories for motor vehicles, which may also offer convenience goods such as food, beverages, and other items typically found in a convenience market.

Gas Station
An establishment offering for sale at retail to the public, fuels, oils and accessories for motor vehicles, which may also offer convenience goods such as food, beverages, and other items typically found in a convenience market. Gas Station does not include Motor Vehicle Service andRepair, Minor, as defined herein. For Gas Station facilities with drive-through fast food windows, see Drive-Through Facility.

Golf Course.
Land used for playing the game of golf by the public or by members and guests of a private club, and which may include any of the following: clubhouse, meeting rooms, food and beverage services, tennis facilities, landscaping, irrigation systems, driving ranges, paths and golf greens and tees.

Group Home.
A dwelling unit where disabled individuals are provided residential care. Where a sponsoring agency of the group home is required to be licensed or certified by the State of Illinois, that sponsoring agency shall maintain a valid Illinois State license or certification to operate group homes. A group home does not include an Assisted Living Facility, Hospital, Day Care Center, or a dwelling unit or other living quarters that house persons as an alternative to incarceration for a criminal offense.

  1. Group Home, Small. A group home providing living accommodations for not more than eight (8) residents, including disabled persons and live-in staff. Visiting staff who do not reside within the group home shall not be counted for purposes of establishing the number of residents.
  2. Group Home, Large. A group home providing living accommodations for more than eight (8) residents, including disabled persons and live-in staff. Visiting staff who do not reside within the group home shall not be counted for purposes of establishing the number of residents.
    (Ord. 2001-Z-11 § 1.)

Health/Fitness Club.
An establishment that provides exercise facilities such as running, jogging, aerobics, weight lifting, court sports and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses.

Heavy Retail and Service (G).
A retail and/or service establishment where a) outdoor service or storage areas or partially enclosed structures are used in conjunction with the business, or b) the sale of goods or services to the general public at retail is secondary to the sale of goods or services to contractors, service professionals, and the like at wholesale. This use includes, but is not limited to, equipment rental and leasing, lumberyards and other building material and building supply establishments; auto parts establishments, commercial greenhouses and garden centers; landscape, construction and lawn maintenance contractor yards; contractor’s offices and storage; bulk materials sales and storage; swimming pool sales; deck and patio sales, playground equipment sales, and recreational vehicle and mobile home dealers. Outdoor Sales Areas and outdoor storage are permitted as accessory uses. Heavy Retail and Service does not include Home Improvement Center, Retail Sales, Personal Services, Pawn Shops, Motor Vehicle Sales and Leasing, or Adult Uses, as defined herein.

Heliport.
An area used or intended to be used for the landing and take-off of helicopters that is certified by the State of Illinois as such.

Home Improvement Center.
An establishment with more than 50,000 square feet of floor area that sells building supplies, construction equipment, home decorating fixtures and accessories, and related goods and services to the general public. Outdoor Sales, Permanent and Temporary, are permitted as accessory uses. Home Improvement Center is distinct from Heavy Retail and Service, as defined herein. Home Occupation (G). The conduct of a business or profession within a dwelling unit by one or more members of the family residing therein, which is incidental and secondary to the residential use.

Home Occupation (G).
The conduct of a business or profession within a dwelling unit by one or more members of the family residing therein, which is incidental and secondary to the residential use. Home Occupation includes, but is not limited to, the following: the practice of medicine, dentistry, law, engineering, architecture, and accounting; brokerage; business offices; instruction in or the practice of art, photography, music, language, or dance; computer services; hair cutting and styling; and day care homes. The following occupations, as well as others which do not have a character similar to those listed above, are specifically excluded from the definition of home occupation: restaurants, bed-and-breakfast establishments, nursing homes, mortuary establishments, and retail sales establishments with stock displayed and/or sold on the premises.
(Ord. 1983-Z-5 § 1; Ord. 1960-16 § III (part).)

Homeless Shelter.
A facility that provides temporary sleeping and/or living accommodations and meals to homeless persons and which may include counseling, accessory offices, recreational facilities for occupants.

Horse Stable,
Private. A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

Hospital.
An institution that provides emergency room and other services including but not limited to physical or mental health services, in-patient or overnight accommodations, and medical or surgical care services, that is licensed by the State of Illinois under the Hospital Licensing Act (210 ILCS 85/1 et seq.).
(Ord. 1980-Z-11 § 1.)

Hospice.
A facility licensed by the State of Illinois that meets the definition of Hospice Residence under the Hospice Program Licensing Act (210 ILCS 60/1 et seq.).

Hotel/Motel.
A building where guest rooms or suites are offered for a fee to temporary or transient guests to provide temporary sleeping and/or living accommodations. This use is distinct from Bed and Breakfast Establishment and Homeless Shelter as defined herein.
(Ord. 1960-16 § III(part).)

Independent Living Facility.
A multiple-family dwelling that is limited to occupancy by persons who are fifty-five (55) years of age or older or, if two (2) persons occupy a unit, at least one (1) shall be fifty-five (55) years or older. Such facilities may include offering congregate meals in a common dining area. This use may include incidental medical services for the convenience of residents, but is distinct from an Assisted Living Facility or Nursing Home, as defined herein.

Indoor Recreation and Amusement (G).
Indoor facilities including Health/Fitness Clubs, sports arenas, swimming pools, ice or roller skating rinks, bowling alleys, tennis, handball and other court games, sports clubs, indoor golf, paintball marking, pool, billiards, foosball, table tennis, shuffleboard, pinball machines, video games and similar recreation or amusement facilities. This use may include accessory uses such as snack bars, pro shops and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.

Junkyard.
An open area where waste, and/or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. This use includes auto salvage yards, but does not include a Recycling Facility as defined herein. (Ord. 1960-16 § III (part).)

Kennel.
Any lot or premises, or portion thereof, where more than four (4) dogs, cats and other household domestic animals, over four (4) months of age, are kept, or where more than two (2) such animals are boarded for compensation. This use includes animal day care establishments, but does not include the retail sale of household domestic animals unless animals are kept or exercised out of doors.

Library.
A public or private facility where books, periodicals, recordings, and other documents are principally maintained for borrowing and use by patrons, rather than being offered for sale. This use may include the incidental sale of surplus materials and other goods.

Live Entertainment (G).
The performance of singing, playing musical instruments, spoken word, or dancing by live performers within an establishment such as a Restaurant or Tavern/Bar, or portion thereof. Live Entertainment does not include Theaters that may have live musical performances as part of a theatrical production, or Restaurants that play low volume background music. Live Entertainment is conducted indoors, while Temporary Outdoor Entertainment is subject to the use standards of Section 17.20.020 (Temporary Uses).

Lodge or Private Club.
A non-profit association of persons who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof, where the use of the premises is restricted to members and their guests.

Manufacturing, Heavy (G).
Activities or processes that may involve the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process, andmay involve outdoor operations. Typical heavy manufacturing uses include, but are not limited to: concrete batch plants, concrete, tile or brick manufacturing, automobile, truck and tire assembly, ammonia or chlorine manufacturing, metal casting or foundries, grain milling or processing, metal or metal ore production, refining, smelting or alloying, petroleum or petroleum product refining, boat, pool and spa manufacturing, slaughtering of animals, glass manufacturing, paper manufacturing, and wood or lumber processing. The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare or health and safety hazards, are considered Heavy Manufacturing.

Manufacturing, Light (G).
The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place.

Medical Cannabis Cultivation Center.
A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
(Ord. 2014-Z-8 § 5.)

Medical Cannabis Dispensing Organization.
A facility operated by an organization or business that is registered by the State of 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.
(Ord. 2014-Z-8 § 5.)

Medical/Dental Clinic.
A medical or dental office or clinic offering professional medical or dental services primarily on an out-patient basis. Such services may include examination and consultation, treatment, surgery, radiology, MRI, on-site testing laboratories, physical therapy, diagnostic services, training, administration, and other services to patients provided by licensed medical or dental professionals. This use includes facilities licensed by the State of Illinois as ambulatory surgical treatment centers. This use does not include a Hospital as defined herein or a facility licensed by the State of Illinois as an emergency center under the Emergency Medical Services (EMS) Systems Act.

Mini-Warehouse.
A structure or group of structures used for the purpose of renting or leasing individual storage spaces to different tenants who are to have access to such spaces for the purpose of storage and removing property. A mini-warehouse may include one (1) dwelling unit on the premises for use only by a watchman, caretaker or manager.
(Ord. 1987-Z-16 § 3.)

Model Airplane Facility.
An outdoor facility for displaying and flying model aircraft, including paved or unpaved runways and taxiways, shelter structures, seating such as benches or bleachers, parking facilities for participants and spectators, and unpaved areas for temporary event parking. The nature and extent of these facilities may be specified in an ordinance granting or amending a special use. The area encompassed by the use shall include all flight paths and flyover areas.
(Ord. 2004-Z-8 § 1.)

Motor Vehicle Display, Outdoor. 
The outdoor display of new or used motor vehicles offered for sale or lease, which do not carry permanent motor vehicle registration tags, but may be temporarily registered with “dealer” plates for purposes of test drives, transfer of vehicles between sales locations, use by sales personnel, and similar limited uses. Outdoor Motor Vehicle Display is permitted only in conjunction with an allowable Motor Vehicle Sales and Leasing use.

Motor Vehicle Rental.
An establishments that offers motor vehicles, trucks, vans, recreational vehicles, trailers, or other similar motorized transportation vehicles for rent to the general public.

Motor Vehicle Sales and Leasing.
An establishment licensed by the State of Illinois where the principal use is the sale or lease of new or used automobiles, trucks, vans, trailers, boats or motorcycles, or other similar motorized transportation vehicles. A Motor Vehicle Sales and Leasing establishmentmay maintain an inventory of the vehicles for sale or lease on-site. Secondary support uses may also exist upon the same site, such as maintenance, repair, and service areas, indoor parts storage areas, and financial services areas. Motor Vehicle Display, Outdoor, is permitted as an accessory use; Vehicle Service and Repair, Major and Minor, as defined herein, are permitted as accessory uses or as additional principal uses.

Motor Vehicle Service and Repair, Major.
otor Vehicle Service and Repair, Major includes, but shall not be limited to, establishments involved in major reconditioning of worn or damaged motor vehicles or trailers, engine rebuilding, towing and collision service, including body, frame or fender straightening or repair, and overall painting of motor vehicles. Such establishments often require the storage of vehicles to be repaired. Vehicle towing establishments, with or without repair facilities, are included in this category.

Motor Vehicle Service and Repair, Minor.
An establishment which performs minor repairs and service to any motor vehicle, including repairs and replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, brake relining and repairs, wheel alignment and balancing, repair and replacement of shock absorbers, touch up work for paint chips and windshields, engine repair and service, and transmission repair and service which is, conducted entirely within an enclosed building. Such use may include the incidental sales of motor oil, lubricants or motor vehicle accessories. This use does not permit the storage of repair vehicles on the site for more than five (5) days and does not include the services and activities of Motor Vehicle Service and Repair, Major, as defined herein.
(Ord. 2010-Z-9 § 2.)

Motor Vehicle Storage, Permanent.
The outdoor storage of motor vehicles, trucks, vans, recreational vehicles, trailers, or other similar motorized transportation vehicles, when not accessory to any principal use on the same lot.
(Ord. 2008-Z-24 § 23.)

Motor Vehicle Storage, Temporary.
The temporary outdoor storage of motor vehicles, trucks, vans, recreational vehicles, trailers, or other similar motorized transportation, when not accessory to any principal use on the same lot, conforming to the limits provided herein for Temporary Motor Vehicle Storage.
(Ord. 2008-Z-24 § 23.)

Nursing Home.
An institutional facility that meets the definition of a nursing home as established in the Illinois Nursing Home Care Act (210 ILCS 45/).
(Ord. 1960-16 § III (part).)

Office, Government (G).
An office of a local, State or Federal government organization. This use is distinct from a Public Service Facility, as defined herein.

Office, Business or Professional (G).
An office used for business, professional or administrative uses, which may or may not offer services to the public, and is engaged in the processing, manipulation or application of business information or professional expertise. This use may include as accessory uses, facilities not available for use by the general public such as meeting facilities, employee amenities such as exercise rooms, and food service. This use does not involve the fabricating, assembling, warehousing, or repair of physical products, and does not include Medical/Dental Clinics, Financial Institutions or Professional Training Centers.

Outdoor Amusement.
Outdoor facilities including stadiums, outdoor theaters, go-cart courses, raceways, rodeos, outdoor music arenas, theme parks, amusement parks, and privately owned water parks. Outdoor Amusement may include accessory uses, such as snack bars, which are designed and intended primarily for the use of patrons of the principal use. Outdoor Dining. The serving of food and/or beverages in an outdoor space with seats and/or tables accessory to a restaurant or other food service establishment.
(Ord. 2003-Z-13 § 2.)

Outdoor Entertainment.
An outdoor show, performance or the playing of recorded or amplified sound.
(Ord. 2003-Z-13 § 2.)

Outdoor Recreation (G).
Active outdoor recreational facilities available to the general public, including lighted ball fields, lighted ball courts, driving ranges, miniature golf courses, batting cages, skateboarding courses, archery ranges, outdoor aquatic facilities owned and operated by a park district such as swimming pools, splash parks and water slides, and other similar uses. This use may include accessory uses such as snack bars that are designed and intended primarily for the use of patrons of the principal recreational use. Outdoor Recreation does not include Model Airplane Facilities, Golf Courses, or Outdoor Amusement.

Outdoor Sales, Permanent.
The sale or display for sale at retail of goods, or the provision of services, out of doors in conjunction with or accessory to a principal use, where the sale, display or provision of services exceeds the time limits provided herein for Temporary Outdoor Sales.

Outdoor Sales, Temporary.
The sale or display for sale at retail of goods, or the provision of services, out of doors in conjunction with or accessory to a principal use, where the sale, display or provision of services conforms to the limits provided herein for Temporary Outdoor Sales.

Outdoor Storage.
The storage of any goods, material, merchandise or equipment outside of an enclosed building. Outdoor Storage does not include the display of goods for sale at retail or temporary storage of refuse, nor does it include outdoor refuse dumpsters, recycling containers, compacting equipment, pallet storage, baled cardboard, and other refuse and recycling materials.

Park, Neighborhood.
Public or private open space maintained in a natural state or improved with amenities for passive or active recreation, including but not limited to ball fields and ball courts without lighting for night play. This use does not include facilities categorized as Outdoor Recreation or Outdoor Amusement.

Parking Garage/Structure.
Public or private structures, or portions thereof, composed of one (1) or more levels or floors used exclusively for the parking of motor vehicles, whether public or private, but not including a private garage as defined herein. 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.
(Ord. 1996-Z-25 § 1.)

Parking Lot, Private.
A parking lot used for parking of motor vehicles that is not within a parking garage/structure and is not within or under a building. This use is distinct from “Motor Vehicle Display, Outdoor”, “Motor Vehicle Storage”, and “Parking Lot, Public.”
(Ord. 2008-Z-24 § 23.)

Parking Lot, Public.
A parking lot used for parking of motor vehicles that is not within a parking garage/structure, is not within or under a building, and is available for public use for at least a portion of the day. The lot may provide off-street parking for multiple uses and lots in the vicinity. The lot may be accessory to a building and may be publicly or privately owned. This use is distinct from “Motor Vehicle Display, Outdoor”, “Motor Vehicle Storage”, and “Parking Lot, Private.”
(Ord. 2008-Z-24 § 23.)

Pawn Shop.
An establishment where loans are offered on the security of personal property and where unclaimed property is sold.

Personal Services (G).
An establishment where personal services are provided directly to the customer. This use includes, but is not limited to, barber shops, beauty parlors, laundry and dry cleaning establishments, funeral homes/mortuaries, tanning salons, tailors, domestic pet grooming, shoe repair shops, and the like. This use may include incidental retail sales of goods. Tattoo Parlors, Currency Exchanges, Motor Vehicle Rental and Adult Uses are not permitted as Personal Services establishments.

Personal Services, Limited.
A subset of the Personal Services use category limited to barber shops and beauty salons (including: hair treatments, facial treatments, pedicures, and finger nail treatments, tanning salons). All limitations on the Personal Services use category shall also apply to Personal Services, Limited.
(Ord. 2013-Z-6 § 2.)

Pet Care Facilities.
A building, structure or portion thereof designed or used for the retail sale of pet products and food, grooming, boarding, training, daycare or overnight boarding of dogs, cats or other household domestic animals. The overnight boarding area of the establishment shall not exceed 50% of the total Gross Floor Area of the business. An establishment that only provides overnight boarding services, or an establishment where this service exceeds 50% of the Gross Floor Area, shall be considered a Kennel, not a Pet Care Facility.
(Ord. 2014-Z-5 § 5)

Place of Worship.
A church, temple, synagogue, mosque or other religious place of assembly, which may or may not include schools and/or meeting facilities and accessory uses such as a parish house, recreational facilities and other non-profit operations that serve members of the religious organization.

Planned Unit Development.
A special use that is reviewed and approved according to the standards and procedures of Sections 17.04.400, 17.04.410, 17.04.420, and 17.04.430, and other relevant provisions of this Title.
(Ord. 1967-14 (part); Ord. 1960-16 § III (part).)

Police Firearms Training Range.
A firearms range used exclusively for training and practice by law enforcement personnel.

Private Garage.
An accessory building, or an accessory portion of the principal building, which is intended and used for storing the private passenger vehicles of the family or families residing upon the premises.

Professional Training Center.
A training center with classrooms, administrative offices, food preparation and service, residential accommodations for trainees, and recreational facilities.

Post Office.
A facility with service windows for mailing packages and letters, post office boxes, postal service offices, postal vehicle storage areas and sorting and distribution facilities for mail.

Public Service Facility.
A facility owned and operated by a governmental entity used to provide a public safety or public service, including but not limited to police and fire stations, public works facilities for road or utility maintenance, vehicle maintenance garages, workshops, storage, offices, communications and dispatch, school bus maintenance and storage, and park maintenance facilities.

Recycling Facility.
A facility where newspapers, magazines, books and other paper products, glass, metal cans and other products are received, sorted, reprocessed and/or treated as part of a process to return such products to a condition in which they may be used again as a raw material in finished products. This use does not include a junkyard as defined herein.

Research and Development Use (G).
Facilities for laboratory research in scientific, medical or technology intensive fields such as biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer and radiation research, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or research facility.
(Ord. 1960-16 § III (part).)

Restaurant (G).
An establishment in which the primary activity is prepared food service, provided for consumption on the premises or for carry-out. Live entertainment is permitted as an accessory use within completely enclosed areas; and outdoor dining, including service to patrons seated outdoors, is permitted as an accessory use on the premises. This use is distinct from a Tavern/Bar where the primary purpose is the sale of alcoholic beverages, or snack bars or refreshment stands that are accessory to recreational or amusement facilities. For restaurants with drive-through windows, see Drive-Through Facility; for restaurants with outdoor live entertainment, see Outdoor Entertainment.
(Ord. 2011-Z-1 § 29.)

Restaurant, Carry-Out Only.
A restaurant establishment in which the primary activity is prepared food service provided for carry-out or delivery only, and no food is consumed on the premises.
(Ord. 2011-Z-1 § 30.)

Retail Sales (G).
An establishment where the primary purpose is the sale of physical goods, products or merchandise directly to the consumer. This use includes, but is not limited to, stores that sell groceries, hardware, clothing, auto parts, electronics, appliances, jewelry, antiques and shoes. This use also includes Carpet Stores, Electronics Superstores, and Furniture Stores. This use does not include Heavy Retail and Service, Home Improvement Center, Pawn Shops, Adult Uses, or Alcohol or Tobacco Sales Establishments, as defined herein.

Schools, Primary or Secondary.
Public, private or parochial institutions primarily engaged in academic instruction for all, or part of, grades Kindergarten through 12th, and recognized or approved by the State of Illinois. This use may include accessory day care centers for children over the age of three (3).

School, Private Boarding.
An elementary, junior high or high school that provides lodging for students on the same property.

School, Specialized Instructional (G).
A private for-profit or non-profit establishment where the primary business is providing specialized instruction not necessarily limited by age, such as, but not limited to, driving, trade, specialized academic, vocational, art, music and dance schools.

Tattoo Parlor.
An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances, which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

Tavern/Bar.
An establishment primarily engaged in serving alcoholic liquor for consumption on the premises. This use may also include accessory sale of prepared food. Live entertainment is permitted as an accessory use in completely enclosed areas. This use does not include Outdoor Dining, unless permitted as a Special Use.

Temporary Outdoor Entertainment.
The performance of live music outside of an enclosed building in an outdoor space as part of a community festival or an event hosted by the City, Park District, School District, or other governmental body, or as a temporary accessory use to a business. (See Chapter 17.20 for time restrictions and other standards.)
(Ord. 2008-Z-24 § 22.)

Theater.
An indoor establishment where live performances, motion pictures, or other recorded media are offered for public viewing, where admission is charged. This use does not include any Adult Use, as defined herein.
(Ord. 1981-Z-7 § 1 (part); Ord. 1980-Z-12 § 1.)

Transportation Operations Facility.
A facility which may include outdoor facilities and buildings, where buses, trains, taxicabs or other livery vehicles are stored and/or dispatched, where loading and unloading of passengers and freight may be carried on regularly. This use is distinct from a Public Service Facility, as defined herein.

Utility, Community/Regional.
Infrastructure services that serve a larger area than those defined herein as Utility, Local and which may have employees normally present at the site. This includes electrical substations, telephone equipment buildings, cable television head-end facilities, aboveground natural gas transmission facilities, municipal wastewater treatment facilities, water supply treatment facilities, and similar large-scale utility equipment and buildings.

Utility, Local.
Infrastructure services that need to be located in the area where the service is provided, and which generally do not have employees at the site. This includes overhead electric and communications lines and poles; electric utility towers; electric transformers and switchgear; traffic signals and controllers; street lighting; wastewater lift stations; fire hydrants and standpipes; water supply wells, reservoirs and towers; stormwater drainage and underground gas, electrical, telephone, communications, water distribution, wastewater collection, and drainage facilities. This use does not include the facilities included under Utility, Community/Regional as defined herein.

Veterinary Office/Animal Hospital.
Any building, or portion thereof, designed or used for veterinary examination, observation and treatment of domestic animals, and may include euthanization of domestic animals. This use does not include Kennels or any keeping of animals out of doors, except that one animal at a time may be taken out of doors by one or more employees of the Veterinary Office/Animal Hospital; see also Kennels and Horse Stables, Private.

Warehouse/Distribution.
This use includes structures or areas, or a portion thereof, used principally for the storage or distribution of goods and merchandise to retailers, non-residential users, or to other wholesalers. This use shall not include Manufacturing, Light/Assembly, as defined herein.

(2018-Z-22: § 7; 2016-Z-5: § 4 & 5; 2019-Z-2: § 2)

17.30.030 – General definitions

Abut or Abutting. Having a common lot line, zoning district boundary line, or other boundary, not separated by a street or alley.

Accessory Building. A building that is subordinate in area, extent and purpose to the principal use and building on the lot and that is customarily used or occupied for a permitted accessory use. Examples of accessory buildings include private garages and storage buildings.

Accessory Structure. A structure that is subordinate in area, extent and purpose to the principal use and building on the lot and that is customarily used for a permitted accessory use. Examples of accessory structures include signs, fences, and decks.

Addition or Expansion. Any of the following:

  1. An increase in floor area of a building.
  2. A modification to the roof line of a building, such as the construction of a dormer that increases the amount of floor space devoted to human use or occupancy.
  3. The reconstruction of a building or structure which is not accompanied by a change in the use of a lot.

Alley. A public right-of-way, normally 20 feet or less in width, that affords a secondary means of access to abutting properties.

Alteration. Any physical change to the exterior surface of a building or part thereof, including but not limited to renovation, rehabilitation, reconstruction, restoration, or replacement, or any change that affects the interior configuration of walls, spaces, or bulk of a building or structure.

Arbor or Trellis.  A frame or shelter made of vines, branches, or latticework which may be covered with climbing shrubs or vines with horizontal dimensions no larger than 10 ft. x 3 ft.  A structure meeting this definition but which is larger than 10 ft. x 3 ft. in horizontal dimension shall be considered a Pergola, as defined herein.

Architectural Feature. A visually apparent feature of a building or structure that contributes to its aesthetics, including but not limited to cornices, eaves, gutters, belt courses, lintels, sills, archways, windows, doors, chimneys, columns, pilasters, and decorative ornaments.

Arterial or Collector Street. A street that is designated in the St. Charles Comprehensive Plan as an existing or future strategic regional arterial, arterial or collector street.

Attention-getting Device. Any flag, streamer, pennant, light, balloon, fringe, or similar device or ornamentation used primarily for the purpose of attracting attention for promotion or advertising a business or other use, which is visible by the general public from any public right of way.

Automobile Franchise. The right to sell a particular make of motor vehicle held by any person, firm or corporation owning or demising any portion of the land within an Auto Mall, as defined herein, irrespective of whether a particular manufacturer has multiple makes or brands. By way of example only, a corporation authorized to sell Daimler-Chrysler manufactured Jeep vehicles and DaimlerChrysler manufactured Dodge vehicles shall be considered to have two (2) Franchises.

Awning. A structure made of cloth, metal or other materials affixed to a building and generally located so as to provide shade for windows and doors.

Balloon. An inflated nonporous object filled with air or gas.

Banner. Any sign printed or displayed upon cloth or other flexible material with or without frames.

Basement.  A portion of a building located partly or wholly underground.  If four (4) feet or more of its clear floor-to-ceiling height is above the average grade of the adjoining ground around the full perimeter of the structure, a basement shall be considered a Half Story.

Bay Window. A window which projects outward from the building wall and does not rest on the building foundation or on the ground.  A wall projection with a window(s) that provides additional floor area for the structure shall be considered a Cantilever, as defined herein.

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

Block. A tract of land bounded by streets or by a combination of one (1) or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines, shorelines of waterways or corporate boundary lines.(Ord. 1960-16 § III (part).)

Block Face. The properties abutting on one (1) side of the street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad rightof-way, public parks, cemeteries, corporate boundary line or watercourse.

Block Frontage. The total horizontal length of the lot frontages on one side of a street between the two nearest intersecting streets, or, if the street terminates in a dead-end, between the nearest intersecting street and the dead end of the street.

Bollard. A functional pole or sphere attached to the ground intended to control automobile access into pedestrian areas or protect structures in pedestrian areas from automobile damage.

Breezeway. A roofed, open-sided structure that connects a principal building with an accessory building.

Buffer Yard. An area of a lot with landscape plantings and other components used to visibly separate one use from another or to shield or block noise, lights or other nuisances.

Building. A structure attached to the ground built for the support, shelter or enclosure of persons, animals or property of any kind.

Building, Completely Enclosed. A building enclosed by a permanent roof and continuous exterior walls having openings only for windows, screens, and entrance or exit doors.

Building Coverage.  A measure of intensity of land use that represents the portion of a site that is covered by a principal building or buildings including attached garages and enclosed porches, and accessory buildings including detached garages and any other enclosed accessory building in excess of 150 square feet of Lot Coverage.  Building coverage shall also include cantilevered portions of a building that extend beyond the footprint of a structure, including portions cantilevered over an open front porch.  Building Coverage shall be measured at the outer edge of the foundation line, or at the outer wall surface support column in the case of a post, other non-continuous foundation, or cantilever, excluding projections for bay windows or chimneys.  Building coverage shall not include unenclosed porches, decks, or unenclosed accessory structures such as gazebos, swimming pools, or  tennis and sports courts.

Building, Detached.  A building surrounded by open space on the same lot. A building connected to another building only by an unenclosed structure shall be deemed to be a detached building.

Building Frontage. The horizontal length of any side of a building or portion thereof that faces a public or private street or parking area.

Building Height. The vertical distance from grade at the midpoint of the required front building line to a specified point on the building:

  1. In the case of a flat roof, to the highest point of the wall or parapet; if the building design provides for enclosed mechanical equipment on the roof, the building height shall be measured to the highest point of the enclosing structure, if the enclosing structure comprises more than 20% of the lot coverage of the building.
  2. In the case of a gable, hip, gambrel or mansard roof, to the top of the ridge of the highest area of the roof. Building elements extending above the main portion of the building such as chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections shall not be included in calculating building height, unless the area of a horizontal plane through the widest part of the building element comprises more than 20% of the lot coverage of the building.
    (Ord. 1988-Z-13 § 1; Ord. 1960-16 § III (part).)

Building Line. A line within the lot parallel to a front lot line or exterior side lot line, which is separated from such lot line by the depth of the required front yard or exterior side yard, respectively.

Bulk. The term used to indicate the size of buildings or structures, and the location of the same with respect to lot lines and to one another, which includes the following:

  1. Lot Area
  2. Lot Width
  3. Building Coverage
  4. Floor Area and Floor Area Ratio E. Building Height
  5. Building Height
  6. Yards, setbacks, Landscape Buffers, and other open space.
    (Ord. 1960-16 § III (part).)

Cantilever.  A projecting portion of a building without a foundation which provides additional floor area within the interior of a building.  A Cantilever is distinct from a Bay Window as defined herein, which does not provide additional floor area. 

Canopy.  A permanent rooflike structure that projects from the wall of a building and overhangs the right of way or open space outside the building, normally used to shelter pedestrians from rain or snow, or as a decorative architectural feature.

Carport. An open-sided roofed structure designed to shelter one or more vehicles, usually formed by an extension of the roof from the side of a building.

Cellar. The portion of a building located partly or wholly underground, and having half of more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(Ord. 1960-16 § III (part).)

Circular Driveway. A driveway on a single or two family residential lot configured generally in a “U” shape, having two points of access to a public street or streets.

Clear Zone. An area of a lot that is required to be kept clear of obstructions as specified by this Title, to provide access to fire hydrants and electrical equipment.

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 Building or Structure. Any building or structure that complies with the regulations of this Title, as amended.

Contiguous.  Adjoining or abutting.

Curb Level.  The elevation of the established curb in front of a building or structure, measured at the midpoint of the building or structure’s frontage. Where there is pavement, but no curb, curb level shall be deemed to be the elevation of the centerline of the street surface in front of the building or structure, measured at the midpoint of the building or structure’s frontage.

Deck/Raised Patio.  An accessory structure that may be attached or unattached to the principal building, which is open to the sky and provides a platform that is raised above the ground.  This definition does not include Patio, at Grade, as defined herein.

District. A geographic area of the City within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Title.

Donation Boxes. Any enclosed container located on private or public property specifically for the purpose of collecting donated clothing, books, electronics, or other similar items. Cargo Containers, trash dumpsters, or trash receptacles shall not be considered Donations Boxes.

Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

Dwelling. A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, townhouse dwellings, and multi-family dwellings, but not including Hotel/Motel or Bed and Breakfast Establishment, but not an automobile house trailer, as defined herein.

Dwelling, Attached. A dwelling that is joined to another dwelling at one (1) or more sides by a party wall or walls.

Dwelling, Detached.
A dwelling that is entirely surrounded by open space on the same lot.

Dwelling Unit.  A dwelling unit consists of a group of rooms which are arranged, designed, used or intended for use exclusively as living quarters for one (1) family, as defined by this Title and which include permanently installed bathroom and kitchen facilities.

Dwelling Unit, Accessory.
See Accessory Dwelling Unit.

Easement. A legal interest in land, granted by the owner to another person, which allows that person’s use of all or a portion of the owner’s land, generally for a stated purpose including but not limited to access or placement of utilities, or access.

Efficiency Unit.  A dwelling unit consisting of one (1) principal room, together with bathroom, kitchen, hallway, closets and/or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty-five (125) square feet in area.

Erect. To build, construct, attach, hang, place, suspend or affix; also including the painting of wall signs. Façade. Any wall of a building which faces, or is visible from, a public street or residential district.

Family. One (1) or more individuals related by blood, marriage or adoption, or five (5) or fewer individuals not so related, living, sleeping, and eating on the premises as a single housekeeping unit.

Fence. A constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.

Fence, Open. A fence designed and constructed so that the surface area of any segment of the fence, inclusive of any gates, is at least eighty percent open, as compared to solid materials, when viewed perpendicular to the plane of the fence.

Fence, Solid. A fence designed and constructed so that the surface area of any segment of the fence, inclusive of any gates, is at least eighty percent opaque, when viewed at any angle.

Fence Height. The vertical distance from grade directly under the fence to the top of the fence. Support posts or decorative elements may be excluded in measuring the height of a fence if they do not exceed one hundred twenty-five percent (125%) of the height of the other elements of the fence, do not exceed six (6) inches in diameter or width, and are spaced at not less than three (3) feet on center.

Floor Area, Gross. The sum of the gross horizontal floor areas of the several stories of a building, plus any basement or cellar floor area, measured from the exterior faces of the exterior walls, or in the case of a common wall separating two buildings, from the centerline of the common wall. Gross floor area shall not include interior parking or loading spaces, or any space where the floor to ceiling height is less than six feet.

Foot Candle. A measuring unit of illuminance on a surface that is uniformly one foot from a uniform point source of light of one candela.

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.

Frontage. See Lot Frontage.

Gazebo.  A freestanding roofed structure that may or may not be open on all sides.

Grade. The elevation of the ground at a reference point or line, as may be specified for the applicable regulation.

Greenhouse. A building or structure used for growing plants and/or displaying and selling of horticultural and related products, not including the conduct of a landscape contracting business on the premises.

Height.  The vertical distance from grade to a specified point or plane. See also Building Height, Fence Height, Sign Height.

Historic building.  A building that has been designated by the City, the State of Illinois, or the National Trust for Historic Preservation as an architectural or historic landmark, or that is a significant or contributing building within a designated historic district.

Historic lighting fixture.  A lighting fixture mounted on a historic building, that was either part of the original design and construction of the historic building or has been approved by the City as being consistent with the original design and construction of the historic building.

Impervious Surface.  A hard, man-made surface that does not readily absorb or retain water, including but not limited to roofs, paved areas for parking and driveways, and graveled areas.

Inflatable Advertising Devices.  A portable advertising device that is supported primarily by compressed air or other gases. Such devices may be sealed from escaping or may be maintained in an inflated condition by means of a fan or blower, which is designed to maintain air pressure inside the device greater than the atmospheric air pressure outside the device.

Intermodal Container.
A shipping container that is portable and enclosed, used for the storage or shipping of inventory, materials or supplies.

Land Banked Parking.  Parking spaces required for compliance with the off-street parking requirements of this Title that are not initially constructed, pursuant to the provisions for land banked parking contained in Chapter 17.24. Land banked parking stalls shall be clearly indicated on all approved site, engineering, landscape, and building plans.

Landscaping, Building Foundation.
A planted area located adjoining exterior building walls and containing a common side with the structure. Turf is not a component of this planted area.

Lot. A tract of land which is designated by its owner at the time of application for a building permit as a unified parcel, all of which is to be developed and used under single ownership. A lot may consist of a) a single lot of record or b) a combination of contiguous complete lots of record. See Figure 17.30-3 for lot types.

Lot Area.  The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.

Lot, Buildable.  A lot that meets all the minimum requirements of this Title applicable to the construction of a principal building of a given type.

Lot, Corner.
A lot situated at the junction of, and abutting on, two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed one hundred thirty-five degrees (135°).

Lot Coverage. A measure of intensity of land use that represents that portion of the horizontal area of a lot that is covered by the principal building or buildings and accessory buildings and structures, including but not limited to:

  1. Attached and detached garages (measured at the foundation)
  2. Accessory sheds (measured at the outer wall surface)
  3. Gazebos and cabanas (measured at the outer wall surface)
  4. Enclosed and Unenclosed Porches (measured at the outer edge of the foundation line, or at the outer wall surface or support column in the case of a post or other non-continuous foundation)
  5. Decks and accessibility ramps (measured at the outer limits of the deck or ramp surface)
  6. Swimming pools (measured at the outer edge of the pool deck)
  7. Tennis courts and sports courts (measured at the outer edge of the court surface)
    (Ord. 2008-Z-25 § 6.)

Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot, Flag.  A Flag Lot is an irregularly shaped lot which consists of two (2) sections: the primary mass of the lot (the buildable portion), which is set back from the street access and located behind one (1) or more other lots, and a narrow access corridor (the flagpole), which extends from the primary mass of the lot toward the street. The front lot line for a flag lot may be established on a lot line which is not a street frontage, and which is generally either parallel with or perpendicular to the street right-ofway.

Lot Frontage. The horizontal length of a front lot line or an exterior side lot line abutting a street. The term “Street Frontage” is equivalent.

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

Lot Line. A property boundary line of any lot, except that 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, Exterior Side. A lot line which abuts a street and which is not a front lot line or a rear lot line.

Lot Line, Front.

  1. In the case of an interior lot, the lot line that abuts an improved or dedicated street.
  2. In the case of a corner lot or flag lot, the front lot line shall be as established on the plat of subdivision. For corner lots, if a front lot line was not established on the plat of subdivision, the front lot line shall be the shortest lot line adjoining a street; if both lot lines adjoining the street are the same length, the front lot line shall be as established by the owner at the time of application for a building permit. For flag lots, if the front lot line was not established on the plat of subdivision, the front lot line shall be as established by the owner at the time of application for a building permit.
  3. In the case of a through lot, the front lot line shall be the lot line that does not abut a collector or arterial street; if neither street abutting the lot is a collector or arterial street, the front lot line shall be the established common front lot line on the block. If no common front lot line has been established, the front lot line shall be established along the street where access is provided to the lot. If none of the preceding conditions apply, then the front lot line shall be established by the owner at the time the building permit is issue
  4. In the case of a lot with no frontage on a street, the front lot line shall be as established in a PUD, or if not so established, shall be designated by the Director of Community Development based upon the orientation of the building and its entrances in relation to the location of parking lots, access drives, and visibility of the building from public streets. In general, the front lot line should be designated so that the front of the building faces the front lot line.
    (Ord. 2002-Z-9 § 3; Ord. 1994-Z-4 § 3; Ord. 1988-Z-8 § 1; Ord. 1960-16 § III (part).)

Lot Line, Interior Side.  Any lot line that is not a front lot line, a rear lot line, or an exterior side lot line.

Lot Line, Exterior Side.  A lot line that abuts a street and that is not a front lot line or a rear lot line.

Lot Line, Rear. That boundary of a lot that is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten (10) feet in length, or if the line forms a point at the rear, the rear lot line shall be deemed to be a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. In the case of a through lot, the rear lot line shall be the lot line abutting a street that is, or is most nearly, opposite from and parallel to the designated front lot line.

Lot of Record. A lot which is part of a recorded subdivision, or a lot or parcel described by metes and bounds, the description of which has been recorded.

Lot, Reversed Corner.  A corner lot where the exterior side lot line is substantially a continuation of the front lot line of the first lot to its rear.

Lot, Through. A lot bounded by streets at opposite ends of the lot, which is not a corner lot.

Lot, Through Corner. A lot abutting two parallel or approximately parallel streets, as well as a third street which is perpendicular or approximately perpendicular to the other two streets.

Lot Width. The distance between the side lot lines of a lot measured by a straight line drawn between the intersections of the side lot lines with the front building line.

Luminaire. A complete lighting unit consisting of a light source and all necessary optical, mechanical, electrical and decorative parts, but not including the pole or other support.

Lux (lx). A unit for measuring the illumination (illuminance) of a surface. One lux is defined as an illumination of one lumen per square meter or 0.0001 phot. [By way of explanation, in considering the various light units, it's useful to think about light originating at a point and shining upon a surface. The intensity of the light source is measured in candelas; the total light flux in transit is measured in lumens (1 lumen = 1 candela·steradian); and the amount of light received per unit of surface area is measured in lux (1 lux = 1 lumen/square meter). One lux is equal to approximately 0.09290 foot candle.]

Mansard Roof. A double-sloped pitched roof rising steeply from the eaves and having a summit of flatter slope on both sides of the ridge.

Mezzanine.  An intermediate or fractional story between the floor and ceiling of a main story. A mezzanine is usually just above the ground or main floor and extends over part of the main floor.

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

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

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

Nonconforming Use, Building or Structure. An existing use, building or structure, or part or appurtenance thereof, that does not meet the applicable requirements of this Title.

Non-residential Building or Use. A principal building or principal use thereof which is not arranged, designed, used or intended to be used for residential occupancy. Nursing homes, homeless shelters, hospice facilities, hotel/motels, and bed and breakfast establishments are considered to be nonresidential buildings or uses for purposes of this Title. (See definition of Residential Building or Use.)

Obstruction. Any building or structure, or part thereof, which is so located as to come in the way of any open area required by this Title. Trees or shrubs shall not be considered as obstructions.

Owner. A titleholder of record, or if title is held in trust, the beneficiary of the trust.

Parcel. One or more lots or parts of lots, which may or may not be in common ownership, designated by its owner(s) to be considered as one parcel for the purpose of applying a particular regulation of this Title. (An example for illustrative purposes only: The owners of separate lots constituting a shopping center where parking and access are shared, may designate the lots constituting the shopping center as a parcel so as to apply the regulations pertaining to parking, signs, etc.)

Patio, at Grade. An open , hard surfaced area within six (6) inches of grade level designed and intended for outdoor sitting, dining, socializing, or recreational use by people and not as a parking space

Pedestrian Wall. An upright structure of building material, such as brick or masonry, serving to enclose, divide, or protect an area as part of an aesthetic or landscape design.

Pergola.  An open-sided structure consisting of parallel colonnades supporting an open roof of girders and cross rafters. A structure meeting the definition of Arbor or Trellis, as defined herein, shall not be considered a Pergola.

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

Person With A Disability. Any individual 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 or a significant amount or time or indefinitely.
  3. Results in functional limitations in three (3) or more of the following areas of major life activity: Self care, receptive or expressive language, learning, mobility, self direction, capacity for independent living, and economic self-sufficiency
  4. Ref1ects the person’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment or other services which are of a life-long or extended duration.

Porch, Enclosed. A structure immediately adjoining and projecting from an exterior wall of a building, which has direct access into the building, is covered by a roof or eaves, and is enclosed by a combination of walls and permanent or temporary windows or screens. Screened-in rooms shall be considered enclosed porches.

Porch, Unenclosed. A structure immediately adjoining and projecting from an exterior wall of a building, which has direct access into the building, is covered by a roof or eaves, and is completely open on all sides not adjoining an exterior wall of a building, except for railings and columns.

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

Principal Use. A non-accessory use of a building or lot.

Property Line. A lot line.

Public Property. Any property owned, leased or held by any unit of government such as the United States, the State of Illinois, the City, park district, school district, library district, township, County, or any subdivisions thereof. This shall include all streets, parkways, sidewalks, alleys, buildings, parking lots, landscaped areas, parks, and schools, as well as any municipal signs, traffic-control devices, trees, utility poles, shelters or street lights located thereon.

Public Building. Any building owned, leased or held by any unit of government such as the United States, the State of Illinois, the City, park district, school district, library district, township, County, or any subdivisions thereof, provided that said building is used for governmental purposes.

Public Way. Any sidewalk, street, alley, highway or other public thoroughfare, located within a dedicated right of way or within an easement where the public has a right of access.

Railroad Right-of-Way. A private right of way with tracks and auxiliary facilities for track operation, not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

Recreational Vehicle. Any camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper and any towed recreational equipment, including the trailers for same such as boats, snowmobiles and motorcycles used privately for recreational purposes and not used commercially. Recreational vehicles, more specifically, include, but are not limited to:

  1. Camper Trailer (Pop-Up). A recreational trailer not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and are of a size or weight not requiring an over-dimension permit when towed on a highway.
  2. House Trailer (Mobile Home). A recreational trailer equipped and used for living quarters for human habitation, temporarily or permanently, rather than for the transportation of freight, goods, wares and merchandise.
  3. Motor Home (Mini-Motor Home or Van Camper). Any self-contained motor vehicle, not used commercially, designed or permanently converted to provide living quarters for recreational, camping or travel use, with the direct walk-through access to the living quarters from the driver’s seat.
  4. Travel Trailer. A recreational trailer not used commercially, designed to provide living quarters for recreational camping or travel use, and of a size or weight not requiring an over-dimension permit when towed on a highway.
  5. Truck Camper. A recreational truck, not used commercially, when equipped with a portable unit designed to be loaded on to the bed which is construed to provide temporary living quarters for recreational, travel or camping use.

Refuse. Any waste products, including recyclable materials, resulting from human habitation or the conduct of business or industry, except sewage.

Residential Building, Use. A principal building or principal use thereof which is arranged, designed, used or intended to be used for residential occupancy and permitted accessory uses, including but not limited to single-family dwellings, auxiliary dwellings, two-family dwellings, townhouse dwellings, multi-family dwellings, group homes, independent living facilities, and assisted living facilities. Nursing homes, homeless shelters, hospice facilities, hotel/motels, and bed and breakfast establishments are not considered to be residential buildings or uses for purposes of this Title.

Residential Development Sign. An identification sign used to indicate the entrance to a subdivision, neighborhood, or unified residential area.

Satellite Dish Antenna, Large: A parabolic Communication Antenna, usually distinguished by a spherical or cone shape, including the dish structure and structural supports, used for the sending and/or receiving of transmissions from satellites, with a dish diameter larger than a “Satellite Dish Antenna, Small” as defined herein.

Satellite Dish Antenna, Small: A parabolic Communication Antenna, usually distinguished by a spherical or cone shape, including the dish structure and structural supports, used for the sending and/or receiving of transmissions from satellites, with a dish diameter of one (1) meter (40 inches) or less located in a residential zoning district or two (2) meters (80 inches) or less located in all other zoning districts.

Searchlight. An apparatus containing a source of light and a reflector that projects the light produced in a concentrated, far-reaching beam. A searchlight is typically mounted on a swivel so that the beam can be directed.

Setback.  The required minimum distance from a lot line to a building or structure, or other improvement on a lot; usually synonymous with yard.

Shade Tree. A deciduous tree planted primarily for its high crown of foliage or overhead canopy. A large shade tree is over forty (40) feet in height. Medium shade trees are between twenty-five (25) and forty (40) feet in height. Small shade trees reach up to twenty-five (25) feet in height.

Shopping Center. Two (2) or more retail stores and/or service establishments located on a parcel of four acres or more sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownership.

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.

Sign, A-Frame. A sign ordinarily in the shape of an A, or some variation thereof, with two panels connected or hinged at the top, which is not permanently attached to the ground.

Sign, Area. The area of a sign face, normally expressed in square feet, calculated as provided in Chapter 17.28.

Sign, Awning. A sign that is mounted or painted on, or attached to, an awning, and that does not project beyond the physical dimensions of the awning.

Sign, Canopy. A sign that is painted on, printed on, or attached to a canopy.

Sign, Changeable Copy. Any sign that, by its design, allows for a change in the lettering or symbols it displays, by mechanical, electronic, or other means.

Sign, Commericial.  Signs containing speech on behalf of a company or individual for the intent of making a profit.  Commerical Speech is economis in nature intended to identify, advertise, or direct attention to a business service or product.

Sign, Entryway.  A freestanding sign erected at the entry to a residential development.

Sign Face. That part of the sign that is, or can be, used to identify, to advertise, to communicate information, or for visual representation, which attracts the attention of the public for any purpose. The term Sign Face includes any background or surrounding material, panel, trim or ornamentation, color, and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or object upon or against which it is placed. The term Sign Face does not include any portion of the support structure for the sign, provided that no message, symbol or any of the previously described elements of a sign face is placed on or designated as part of the support structure.

Sign, Freestanding. A sign that is attached to, or part of, a completely self-supporting structure, the primary purpose of which is to support the sign.

Sign, Ground.  A type of freestanding sign.

Sign Height. The vertical height of a sign, calculated as provided in Chapter 17.28.

Sign, Identification. A sign giving the name, trademark, or other readily recognized symbol or address, or any combination thereof, of a building, business, development or establishment on the premises where it is located.

Sign, Monument. A freestanding sign, where the width of the base is at least fifty percent (50%) of the width of the display portion of the sign.

Sign, Non-Commerical.  Display which is devoid of any commercial signage.

Sign, Off-Site.  A freestanding sign or all sign that advertises a business or product, and is not located on the premises where the business is located or the product is the primary product available for sale.

Sign, Projecting. A sign attached to a building or other structure, which extends more than twelve inches from the wall surface to which it is attached, and where the principal orientation of the sign is perpendicular to the wall surface.

Sign, Pole. A freestanding sign, where the width of the base is less than fifty percent (50%) of the width of the display portion of the sign.

Sign, Portable. Any sign designed to be transported or movable including but not limited to signs affixed to a trailer and other signs designed to be transported by a trailer, wheels or boat.

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

Sign Structure or Support. Any structure that supports, or is capable of supporting, a sign, including decorative cover.

Sign, Vehicle. A sign on a vehicle of any kind, painted or attached directly to the body of the original vehicle. A sign in or on a vehicle that advertises the vehicle for sale, lease or rental shall not be considered a vehicle sign.

Sign, Vertical Projecting. A projecting sign that is greater in height than in width.

Sign, Wall. Any sign that shall be affixed parallel to the wall, painted or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted. For the purposes of this Title, any sign display that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of a marquee shall be considered a wall sign.

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.

Sign, Yard.  A type of temporary sign that may be freestanding or attached to a wall or other structure.

Sports Court.  A hardscape area used for recreational purposes, including, but not limited to, tennis courts, basketball courts, racquetball courts, and ice rinks.  This definition shall not include swimming pools or driveways used for access to a garage.

Stoop. A structure immediately adjoining an exterior wall of a building, which is designed for the sole purpose of providing access into the building, is not covered by a roof or eaves, and is completely open on all sides not adjoining an exterior wall of a building, except for railings.

Story. That portion of a building included between the surface of a floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling or roof above it. A Basement as defined herein shall not be counted as a story, but may be considered a Half Story as defined herein.

Story, Half. A partial story that meets one of the following definition:

1.  A partial story above a full story and underneath one or more sloping roofs, meeting the following criteria:

  1. Total wall height above the first floor level shall not exceed an average of 13ft., measured along walls that intersect the roof plane, as shown in Figure 17.30-4.  A garage floor level shall be calculated at the height of the first floor immediately adjacent to the garage.  For a half story located above a second floor, the wall height shall be measured from the second floor level.
  2. The total horizontal width of all projections out of the half-story roof plane shall not exceed 60% of the total horizontal length of the half story roof.  Roof length shall be measured horizontally along all walls that intersect the roof, as shown in Figure 17.30-Projections include window dormers, shed dormers, wall projections up through the roof eave line, and other projections that do not extend out beyond the roof eave line.

         2.      A basement below a full story that has four (4) feet or more of its clear floor-to-ceiling height above the average grade of the adjoining ground around the full perimeter of the structure.  A walkout or lookout basement that does not meet this criterion shall not be considered a half story.

Street. A permanent public or private right of way that affords a primary means of access to abutting property.(Ord. 1960-16 § III (part).)

Street Level. The story of a building that has its floor at the level closest to the elevation of the public sidewalk or street, with direct pedestrian access to that story from the outside. A story shall not be considered street level if it is more than three (3) feet above or three (3) feet below sidewalk grade at the primary customer entrance to the building.

Street Line. The dividing line between a street and a lot.

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

Structural Alteration. Any change, other than incidental repairs, 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. An advertising device, if detached or projecting, shall be construed to be a separate structure.

Temporary Structure. A structure that is not designed or intended to be permanently located, placed or affixed in a location, such as a trailer, tent, or portable sign.

Temporary Contractor’s or Real Estate Sales Office. This use includes watchman’s trailers, construction equipment sheds, contractor or real estate sales trailers, and similar uses incidental to a construction project and sales of homes within a newly constructed development.

Terrace. An open area with a paved platform and a flat roof or roof-like structure and adjacent on at least one (1) side to a building, but not adjacent to any entrance to a building. Use. The specific purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Yard. A required open space on a lot which is unoccupied and unobstructed from its lowest level upward, except for obstructions specifically permitted in this Title. A yard extends along a lot line for a depth or width specified for the district in which the lot is located, measured perpendicular to the lot line.

Yard, Exterior Side. A required yard that extends along an exterior side lot line, excluding the area within the required front yard.

Yard, Front. A required yard that extends along a front lot line for the full width of the lot.

Yard, Interior Side.
A required yard that extends along an interior side lot line, excluding the area within the required front and rear yards.

Yard, Rear. A required yard that extends along a rear lot line for the full width of the lot between side lot lines, excluding the area within a required exterior side yard.

17.30-4 Calulation of a half story
(Ord. 2011-Z-10 § 3.)

(Ord. 2018-Z-10 § 2; Ord. 2012-Z5 § 11.)

(2019-Z-2: § 3, 4; 2018-Z-10: § 2; 2017-Z-9: § 5; 2016-Z-11: § 12; 2012-Z-5: § 10; 2008-Z-20: § 6; 2002-Z-9: § 3; 2000-Z-26: § 1; 1988-Z-8: § 1; 1986-Z-4: § 1; 1960-16: § III (part))