Ordinance Review Committee

AGENDA ORDINANCE REVIEW COMMITTEE Commissions Room, 2nd Floor Arlington Heights Village Hall, 33 S. Arlington Heights Rd. Arlington Heights IL 60005 October 16, 2024 6:30 PM I. CALL TO ORDER II. ROLL CALL OF MEMBERS III. APPROVAL OF MINUTES IV. OLD BUSINESS V. NEW BUSINESS A. Chapter 28 Text Amendments - Permitted Use Table VI. OTHER BUSINESS VII. PUBLIC COMMENT Anyone wishing to speak on a subject not on the Agenda may speak at this time. Please limit your comments to three minutes. VIII. ADJOURNMENT Persons with disabilities requiring auxiliary aids or services, such as an American Sign Language interpreter or written materials in accessible formats, should contact Erin Mercado, at 33 S. Arlington Heights Road, Arlington Heights, IL 60005, emercado@vah.com or 847/368- 5793. Page 1 of 37  10/16/2024 Item: Chapter 28 Text Amendments - Permitted Use Table Department: Planning & Community Development Item Description: Proposed Amendments to Chapter 28, Section 3, Definitions; Section 5.5-1, Permitted Use Table; and Section 10, Off Street Parking and Loading. The amendments address several conflicts between terms used in the Definitions section, Permitted Use Table, and Schedule of Parking Requirements. These proposed text changes intend to clarify applicable land uses across all three sections, ensuring the same land use terms are used consistently throughout Chapter 28. ATTACHMENTS: 1. Staff Memo 10.11.24 2. Chapter 28 - Parking Code Changes 3. Chapter 28 - Permitted Use Table 4. Chapter 28 - Definitions Page 2 of 37 Date: October 11, 2024 To: Ordinance Review Committee From: Michael Lysicatos, Assistant Director of Planning & Community Development Attachments: 1) Proposed Amendments to Chapter 28, Sections 3, 5.5-1, & 10 Memorandum Proposed Chapter 28 Amendments Purpose The proposed amendments to Chapter 28 include edits to Section 3, Definitions; Section 5.5-1 Permitted Use Table; and Section 10, Off Street Parking and Loading. The amendments address several conflicts between terms used in the definitions section, permitted use table, and schedule of parking requirements. These proposed text changes intend to clarify applicable land uses across all three sections, ensuring the same land use terms are used consistently throughout Chapter 28. Staff reviewed land uses in the definition and permitted use table sections to determine the relevancy of the use and whether it could be consolidated into a broader land use category or be eliminated if the use was no longer applicable. New definitions are proposed for land uses that were previously undefined and off-street parking requirements added for new land uses proposed in the permitted use table. Parking requirement categories were also reorganized to match relevant general land use categories. Additional text amendments are proposed to clarify requirements within Section 10 Off Street Parking and Loading that staff found to be unclear when practically applied. These amendments intend to provide clarity to these requirements for the public and allow staff to efficiently and consistently review parking requirements. Page 3 of 37  NEW ZONING PARKING REQUIREMENT CODE TEXT 10.1 a) For all buildings and structures erected and all uses of land established after the effective date of this Section, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this Section, and provided that construction is begun within six months of such effective date and diligently pursued to completion, parking and loading facilities as required hereinafter need not be provided. b) Off-street parking facilities shall be provided as required hereinafter if constructing, structurally altering, enlarging or increasing the capacity of any structure, or initiating or extending any land use. 10.2-6 Collective Provision Off street parking facilities for separate uses within a single development may be provided collectively if the total number of spaces so provided collectively is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Plan Commission in accordance with Section 10.1-3. 10.2-9 - Access Each required off street space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. No driveway across public property or requiring a curb cut shall exceed a width of 25 feet, except when, in the opinion of the Director of Engineering Village Engineer , safe and efficient design principals require an increase, in which case the Director of Engineering Village Engineer may authorize a minimum driveway width of 36 feet . Furthermore, no access from a street or alley to off street parking facilities shall be located less than 35 feet from the intersection of the right-of-way of two intersecting streets. 10.2-11.1 - In Yards In R-E, R-1, R-2, and R-3 Districts, off street parking spaces shall be allowed based on the following: a. Off street parking spaces may be located in any yards but only on concrete or asphalt surfaces. Green infrastructure applications for parking surfaces may be substituted subject to compliance with acceptable engineering standards and as may be approved by the Village Engineer. b. Except as set forth in subsection c. below, no driveway and/or parking area shall exceed a width of 22 feet. Page 4 of 37 c. For three car garages, a driveway and/or parking area shall be allowed to be a maximum of 32 feet in width, within 18 feet of the garage's front elevation when, in the opinion of the Director of Engineering Village Engineer , the installation of such driveway will not be detrimental to drainage or alter the character of the area. Driveway apron widening would be required as part of any driveway widening. d. When the garage is located to the rear of the residence, the side drive shall be a minimum of nine feet wide. Projections (chimneys, awnings, etc.) shall not be allowed to overhang within this measurement. e. For a zoning lot with a lot width of 70 feet or greater, all driveway pavement must be setback at least three feet from the side or rear lot line (whichever lot line applies). f. For side-loaded garages (when the garage door(s) face a side lot line), the driveway pavement dimension shall be a minimum of 22 feet from the face of the garage to the edge of the driveway pavement along the side lot line. Nothing contained herein, however, shall permit the parking of any vehicle in a portion of yard where such parking would otherwise be prohibited by any provision of Arlington Heights Village Code, nor shall this Section be construed to eliminate any requirements for the installation of driveways otherwise imposed by the Code, including specifications for the construction and character of such driveways. Parking upon grass, dirt or other non-hard surface of any vehicle except towed vehicles is prohibited. 10.2-11.2 a. In "R-4", "R-5", "R-6" and "R-7" and "M-1" off street parking spaces may be located in any yard except required front yards, except for those residential properties that have access to separate front loading garages. b. In "R-4", "R-5", "R-6" and "R-7" Districts, residential properties that contain duplexes or townhomes that share a driveway for access to separate front loaded garages shall be allowed to be a maximum of 34 feet in width (17 feet per duplex or townhome unit), within 18 feet of the garage's front elevation when, in the opinion of the Village Engineer, the installation of such driveway will not be detrimental to drainage or alter the character of the area. Driveway apron widening would be required as part of any driveway widening. 10.2-12.2 - Surfacing and Drainage All off street parking areas except those accessory to one family dwellings, shall be improved with a compacted base, surfaced with asphaltic concrete or some comparable all-weather dustless material of a design and thickness in accordance with prescribed engineering standards, and shall be so graded and drained as to dispose of surface water accumulation by means of a positive storm water drainage system connected directly or indirectly to a public drainage way. Green infrastructure applications for parking surfaces may be substituted subject to compliance with acceptable engineering standards and as may be approved by the Village Engineer. Page 5 of 37 10.4 Schedule of Parking Requirements. Accessory off-street parking spaces for the following uses shall be provided as required herein. USE REQUIREMENTS Housing for Elderly One space for each multi-family dwelling unit. Single- Family detached and attached dwelling units require two parking spaces per unit. Dormitories Two spaces per three residents, plus one space for each staff member 10.4-1 RESIDENTIAL USES USE REQUIREMENTS Multiple Family Dwellings in the R-5 and R- Two spaces for each dwelling unit 6 Zoning Districts Multiple Family Dwellings in the R-7 Zoning One and one-half spaces for each dwelling unit District One & Two Family Dwellings Two spaces for each dwelling unit Senior Living Facility Please review section 10.2-6 (Collective Provision) in order to determine the cumulative off-street parking requirement. - Independent Living (Single Story) 2 space for each unit - Independent Living (Multi-Story) 1 space for each unit - Assisted Living 1 space for each unit - Memory Care 1 space for each 2 beds - Nursing 1 space for each 2 beds - Multi-Use Space / Event Space 1 space for every five seats, or parking equal in number to 30% of the capacity in persons, whichever is greater - Other (Example: Office Space ) Per use category 10.4-2 RETAIL - COMMERCIAL AND SERVICES USES USE REQUIREMENTS Adult Use Cannabis Dispensary One space for each 200 square feet of floor area Amusement Device Arcades One space for each 300 square feet of floor area Page 6 of 37 Amusement Facility, Large One space for each 300 square feet of floor area Amusement Facility, Small One space for each 300 square feet of floor area Automobile Service Stations One space for each employee plus three spaces for each service bay plus one space for each 300 square feet of retail / commercial space Banks One space for each 300 square feet of floor area Banquet Hall Parking equal in number to 30% of the capacity in persons Beauty Shop One space for each 250 square feet of floor area Bowling Alleys Three spaces for each alley plus the required spaces for restaurants that are provided Cemeteries / Mausoleums Parking spaces shall be as determined by Plan Commission - to serve person employed or residing on the premises, as well as the visiting public Dance Studio One space for each 250 square feet of floor area Funeral Parlor, Mortuary 30% capacity in persons, plus 1 per each vehicle used in the conduct of business Furniture and Appliance Stores One space for each 600 square feet of floor area Health Clubs One space for each 250 square feet of floor area Hotels & Motels One space for each lodging room plus spaces as required for any restaurant that is included Motor Vehicle Sales and Machinery Sales One space for each 600 square feet of floor area Offices - Business, Professional & One space for each 300 square feet of floor area Governmental Offices - Medical or Dental Clinics One space for each 200 square feet of floor area Page 7 of 37 Medical Center (Refer to State of Illinois Accessibility Standards for additional requirements.) Personal Trainer One space for each 250 square feet of floor area Restaurant - Carry-Out One space for each 300 square feet of floor area Restaurant - Sit-Down One space for each 45 square feet of seating area Retail Stores - Not Otherwise Specified One space for each 300 square feet of floor area School, Arts and Health One space for each 250 square feet of floor area, or parking equal in number to 30% of the capacity in persons, whichever is greater School, Trade or Commercial One space for each employee plus plus parking equal in number to 30% of the capacity in persons. Stadiums Parking equal in number to 30% of the capacity in persons Theaters (Indoor) Theatre One space for each four fixed seats, or parking equal in number to 30% of the capacity in persons, whichever is greater Undertaking Establishments, Funeral Parlors 25 spaces for each chapel or parlor 10.4-3 WHOLESALE, STORAGE & PRODUCTION USE REQUIREMENTS Establishments Engaged in Production, One space for each two employees plus one space for Processing, Cleaning, Servicing, or Repair of each vehicle used in the Testing the conduct of the Materials, Goods or Products, or Engaged in enterprise Research and Development Warehouse and Storage One space for each two employees plus one space for each vehicle used in the conduct of the enterprise Wholesale Establishments One space for each two employees plus one space for each vehicle used in the conduct of the enterprise Page 8 of 37 10.4-4 COMMUNITY SERVICE USES USE REQUIREMENTS Colleges & Universities One space for every five students at maximum enrollment Community Centers, Public Spaces equal in number to 30% of capacity Church One space for each five seats Day Care Centers and Schools Three spaces for each two employees Dormitories One space for each three residents plus one space for the manager thereof Hospital Three spaces for each hospital bed Libraries, Art Galleries Museums-Private One space for each 1,000 feet of gross floor space Places of Assembly as follows: Stadiums, Parking equal in number to 30% of the capacity in Arenas, Auditoriums (other than Church, persons College or Institutional School), Convention Halls, Skating Rinks, and other similar places of assembly Places of Worship Please review section 10.2-6 (Collective Provision) in order to determine the cumulative off-street parking requirement. - Multi-Use Space 1 space for every five seats, or parking equal in number to 30% of the capacity in persons, whichever is greater - Offices One space for each 300 square feet of floor area - Assembly Hall or Sanctuary One space for each five seats - Classrooms One space per employee plus one space per every five classrooms - Other (Example: Seminary) Per use category Public Utility and Public Service Uses Spaces as required for similar office, retail uses or industrial Recreational Facilities Spaces equal in number of 30% of capacity Page 9 of 37 Schools, Commercial One space for each employee plus spaces equal in number to one-half of the maximum number of students projected to be in attendance at any one time Schools, Elementary One space per employee plus one space per every five classrooms Schools, High Two spaces per each employee plus one space per ten students at maximum 10.4-5 MISCELLANEOUS USES USE REQUIREMENTS Fraternities, Sororities, & Dormitories One space for each three active member residents plus one space for the manager thereof Hotels & Motels One space for each lodging room plus spaces as required for any restaurant that is included Nursing Homes One space for each two bed Private Clubs and Lodges One space for each lodging room plus parking spaces equal in number to 30% of the capacity in person (exclusive of lodging room capacity) Crematories, Mausoleums and Fraternal and Parking spaces shall be as determined by Plan Religious Institutions Commission - to serve person employed or residing on the premises, as well as the visiting public Other Uses For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed uses. All parking calculations will be based upon standard industry data as determined by the Village. 10.5 PARKING IN THE DOWNTOWN DISTRICT 10.5-1 Furniture and Appliance Store (B-5) USE REQUIREMENTS First Floor One space for each 1,000 square feet of floor area Page 10 of 37 Other than First Floor One space for each 1,500 square feet of floor area Nursing Homes One space for each two bed 10.5-2 Multiple Family Dwellings (B-5) (Including Apartment Hotels) USE REQUIREMENTS Efficiency and One Bedroom Apartments One space for each unit Two Bedroom Apartments One and one-fourth spaces for each unit Three Bedroom Apartments One and one-half spaces for each unit 10.5-3 Office - Business, Professional and Governmental (B-5) USE REQUIREMENTS First Floor One space for each 600 square feet in excess of 1,500 square feet of floor area Second Floor or basement One space for each 750 square feet in excess of 2,000 square feet of floor area Above Second Floor One space for each 1,250 square feet in excess of 2,500 square feet of floor area 10.5-4 Office - medical or Dental and Medical Centers (B-5) USE REQUIREMENTS First Floor Three spaces for each examination room Other Than First Floor Two spaces for each examination room 10.5-5 Retail Stores and Banks (B-5) USE REQUIREMENTS First Floor One space for each 500 square feet in excess of 1,500 square feet of floor area Second Floor or basement One space for each 750 square feet in excess of 2,000 square feet of floor area Above Second Floor One space for each 1,000 square feet in excess of 2,500 square feet of floor area 10.5-56 Restaurants - Sit Down (B-5) Page 11 of 37 USE REQUIREMENTS First Floor or Basement One space for each 200 square feet of public seating area Above the First Floor One space for each 250 square feet of public seating area Other uses (B-5) For uses not listed heretofore in the above schedule of parking requirements for the B-5 zoning district, parking spaces shall be provided at 50% in number as required elsewhere Page 12 of 37 Residential Uses RE R1 R2 R3 R4 R5 R6 R7 I B1 B2 B3 B4 B5 PL Antenna Non Commercial P P P P P P P Community Residence, Small and Large P P P P P P P P P Shelter Care Homes S S S S S S S S Apartment-Multi Family Buildings P P P S Day Care Homes P P P P P P P P P Dwelling Units and lodging rooms (if business P P P P uses for such uses occupy the ground floor One Family Attached Dwellings P P P P One Family Detached Dwellings P P P P P P P P Golf Course S S S S S P S Page 13 of 37 Commercial Uses B1 B2 B3 B4 B5 I OT PL M1 M2 Retail Stores/Sales (not otherwise listed) P P P P P Adult Business P Adult Use Cannabis Business Establishments other than Adult Use Cannabis Dispensaries Adult Use Cannabis Dispensary (see Section 6.1-18) P P Agricultural Implement Sales and Service within wholly P enclosed building Amusement Facility, Large S S Amusement Facility, Small P P Animal Hospitals P P Antenna Commercial S S S S S S S S S S Arts and Craft Studios/Galleries P P P P P Auction Rooms P P P P Auditorium, Stadium, Meeting Hall, Gymnasium or S S S other similar places for public events Auto Car Wash S Auto Service Station, with or without convenience marts S S Bakery P P P P Banks and Financial Institutions P P P P P Banquet Halls S S S Barber, Beauty Salon P P P P P Brew Pubs S S S S Broadcasting Station TV, Radio P P P P P P Bowling Alleys P P S Building Material Sales P P Carpet Cleaning and Service P Catering Establishments S P P P Clubs and Lodges, Private S S S Community Center, Recreation Building Municipal or S S S S S S Non-Profit Construction Yard P Contractor Office and Design Showroom (no vehicle P P P P P P P storage Convenient Mart and Food Store P P P P P Contractor Shops P P P Currency Exchanges P P P P Dance Halls S S Day Care Centers S S S S S S Drive-Through when used in conjunction with uses S S S otherwise permitted Drug Store and Pharmacy P P P P Electrical Equipment Sales P P Fairgrounds Kiddie Parks S Food Stores P P P P P Foot Massage P P P P S Funeral Parlor, Mortuary PS P P Garden Center P P P Health Club P P P Hotel S S S Interior Decorator Shops P P P P P Kennel, Commercial S Laundry Dry Cleaning up to 5,000 sf P P P P P Library, Museum or Other Similar Buildings S Page 2 of 8 Page 14 of 37 Commercial Uses B1 B2 B3 B4 B5 I OT PL M1 M2 Liquor Stores, Package Goods Only P P P P Machinery Sales and Service P P Medical Dental Orthopedic Appliance and Instrument P P P Supply Sales Microbrewery, 2,500 square feet or less P P P Note: the retail portion shall not exceed 35% of the total floor area of the unit or building occupied and shall be segregated from the remainder of the premises Microbrewery, more than 2,500 square feet but less than S S S 4,000 square feet Note: the retail portion shall not exceed 35% of the total floor area of the unit or building occupied and shall be segregated from the remainder of the premises Monuments Sales P Motor Vehicle Rental S P P Motor Vehicle Repair Major P P Motor Vehicle Repair Minor S P Motor Vehicle Sales, including auxiliary service S P Motor Vehicle Sales Lots when contiguous to and adjoining S P auto sales room under same owners Music Conservatories or Instruction P P P P P Offices, Business and Professional P P P P P P P P P P Offices, Medical and Dental including labs P P P P P P P P Pawn Shop Cash Converter P P Personal Trainer (limited to 2 clients at a time per trainer; P P P P P P P and no more than 4 personal trainers on site at one time Photographers P P P P P P Photographers, including photo developing processing P P P P P Physical Rehabilitation Center P P P P S P P Post Office not including bulk distribution P P Printing Services Retail P P P P P Private Library, Museum or Other Similar Buildings S S S S Railroad Passenger Stations S S Recreation Facilities Commercial including Health Club P P P P P P Recreational Vehicles and Boars, Sales/Supplies P Repair Major P P Repair Minor P P P P Restaurant S S S S Restaurant Amusement Device Arcade S S School, Commercial School, Trade or Commercial P P P P P P P School, Arts and Health P P P P P P P Secondhand Store P P P P Security and Guard Firms P P P P Sign Painting Shop (enclosed) P P Stadium S Studios Recording P P P P P Tailor, Dressmaking Shop P P P P P Taxicab Dispatching Office P P P Theaters, Excluding Drive-Ins Theatre P PS PS Ticket Agencies P P P P P Tool and Die Shop P P P P Page 3 of 8 Page 15 of 37 Commercial Uses B1 B2 B3 B4 B5 I OT PL M1 M2 Travel Bureau and Transportation Ticket Offices P P P P P P P P Page 4 of 8 Page 16 of 37 Manufacturing/Processing Uses M1 M2 B3 Products made from fabrics and similar materials and textile mill products P Bakery Products, Wholesale and Production P Beverages Bottling and Distributing P P Beverages—Non Alcoholic P Brewery (including microbreweries) up to 20,000 square feet P P Note: The retail portion shall not exceed 10% of the total floor area of the unit or building occupied and shall be segregated from the remainder of the premises. Facilities greater than 4,000 square feet shall not be permitted on a zoning lot contiguous to a residential district. Carpet Cleaning on Premises P Canned Food Products P Ceramic Products P P Computers P P Concrete Gypsum and Plaster Products P Containers, Pallets and other similar products P Cosmetics, Perfumes and other similar products P Dairy Products P Drugs P P Dwelling Unit for Caretaker located on premises P P Electronic Components and Lighting and Wiring Equipment P P Furniture/Fixtures P Glass Products made of purchased glass P Household Appliances P Instruments and Supplies—Medical, Dental, Engineering P P Jewelry, Silverware and Plated Ware P P Leather (not including tanning) and Vinyl Products P Metal Products, Fabricated—except machinery and transportation equipment P Musical Instruments P P Office and Art Supplies P Paper Products from converted paper-paperboard P Photographic Equipment and Supplies, Developing/Processing P P Plastic Products, Fabricated P Pottery and Related Products P P Printing Ink P Printing, Publishing P P Radio and Television/Communication Equipment P P Rubber Products, Fabricated P Signs and Advertising Displays P Silver Plating and Repairing P P Structural Clay Products, Cut Stone and Stone Products P Sugar and Confectionary Products P Tool and Die Shops P P Toys; Sporting Goods P Page 17 of 37 Watches, Clocks, Clockwork Operated Devices and Parts P P Storage Facility (not located along major or secondary arterial streets) P P Wholesale and Warehouse Facility P P Wholesale Offices (including warehouses and storerooms) P P P Page 18 of 37 Institutional Uses RE R1 R2 R3 R4 R5 R6 R7 I Cemeteries/Mausoleums S S S S Places of Worship P P P P P P P P P Care Facility, Ambulatory P Care Facility, Longer, Intermediate, Extended P Health and Medical Institutions, Hospitals P Institution Residential S S S S P Schools S S S S S S S S Senior Living Facility P Page 19 of 37 Other Uses I OT B1 B2 B3 B4 B5 PL M1 M2 Facilities Owned and Operated by the Village of Arlington S Hts., AH Memorial Library and branches thereof and the AH Park Dist. Parking Garage, Private Customer/Employee S S S S S S S S S S Private and Public Utility Facilities Heliport S S S S S S S S S Page 20 of 37 (Ord. #17-027, #18-010, #18-020, #19-030, #2021-038, #2022-035, #2022-058) Section 28-3 - Definitions. For the purposes of this Chapter, the following words shall have the meanings set forth in this Section: 1. Accessory Structure. An accessory structure is one which meets all of the following criteria: a. Is subordinate to and serves a principal building; b. Is subordinate in area, extent, or purpose to the principal building served; c. Contributes to the comfort, convenience or necessity of occupants of the principal building; and d. Is located in the rear yard and on the same zoning lot as the principal building served, except as otherwise indicated in this Code. 2. Acupuncture. A medical practice or procedure that treats illness or provides local anesthesia by the insertion of needles at specified sites on the body. 3. Adult Business. Any or all of the following businesses: a. Adult Bookstore—A business establishment having a substantial or significant portion of its stock in trade, books, magazines, films for sale, rent or other distribution, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas." b. Adult Live Entertainment Establishment—A nightclub, theater, or other business establishment, which permits live performances by topless and/or bottomless dancers, gogo dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas." c. Adult Theater—A business establishment in an enclosed building that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities." 4. Adult Use Cannabis Business Establishments. Adult use cannabis businesses, including, but not limited to: Adult use cannabis cultivation centers, adult use cannabis dispensaries, cannabis craft growers, cannabis infusers, and cannabis processors. Page | 1 Page 21 of 37  5. Adult Use Cannabis Cultivation Centers. A facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to adult use cannabis business establishments. 6. Adult Use Cannabis Dispensary. A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire cannabis from a cannabis cultivation center, cannabis craft grower, cannabis processor, or another cannabis dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies for recreational, non- medicinal purposes to purchasers other than registered qualifying patients under the Illinois compassionate use of medical cannabis program act (410 ILCS 130/1 et seq.). 7. Alley. A public or private thoroughfare not more than 30 feet wide which affords only a secondary. of access to abutting property. 8. Amusement Facility. A facility that provides indoor activities for kids or adults including video arcades, games or other recreational type amusements such as play equipment, trampolines, laser tag, etc. Large facilities are 5,000 square feet or larger; small facilities are less than 5,000 square feet. 9. Animal Hospital. A place where animals are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use. 10. Antenna Structure. Any structure, mast, pole, tripod or tower utilized for the purpose of either transmission or reception purposes, or both: a. A commercial antenna is any antenna structure that is intended for transmitting or receiving television, radio or telephone communications, excluding those used exclusively for dispatch communication. b. A non-commercial antenna is any antenna that is used for private radio and/or television reception, for licensed amateur operators, citizens band facilities, and governmental and non-profit organizations. 11. Apartment. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit and which includes permanently installed complete kitchen and bathroom facilities in each apartment. 12. Automobile Repair. a. Major repair is work that is of a significant nature, such as engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles. b. Minor repair is work that is not of a significant nature, including incidental repairs, replacement of parts, and motor service to motor vehicles, but not including any operation specified as major repair in paragraph a above. 13. Automobile Service Station. Any building or premises used for dispensing, sale or offering for sale at retail to the public, gasoline stored only in underground tanks, kerosene, lubricating oil or grease for the operation of automobiles and Page | 2 Page 22 of 37  including the sale and installation of tires, batteries and other minor accessories and service for automobiles, but not including major automobile repairs; and including washing of automobiles where no production line methods are employed. 14. Awning. A roof like shelter extended over a doorway or window, which is supported entirely from the exterior wall of the building and provides protection from the weather. 15. Basement. A story having all or part of its height below grade. 16. Banquet Halls. A commercial establishment or portion of a building which is rented or contracted by individuals or groups to accommodate functions including, but not limited to, banquets, weddings, and other similar events. Such a use must include: 1) kitchen facilities; and/or 2) the sale or consumption of alcoholic beverages for on-premises consumption during scheduled events. 16.17. Block. A tract of land bounded by streets or, in lieu of streets, by public parks, cemeteries, railroad rights-of-way, lines of waterways, or a corporate boundary line of the Village. 17.18. Brewery. A place that manufactures beer and is licensed as such by the State of Illinois. 18.19. Brew pub. A restaurant that includes a brewery as an accessory use and is licensed as a brew pub by the State of Illinois. 19.20. Buildable Area. The space remaining on a zoning lot after the minimum open space requirements of this Code have been complied with. 20.21. Building. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as oil tanks, water tanks, and other similar structures, are not considered as buildings. 21.22. Building Height. The vertical distance measured from the sidewalk level 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 ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of a building may be measured from the average elevation of the finished lot grade at the front of the building. 22.23. Building Line. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line. 23.24. Building Lot Coverage. The area of a zoning lot occupied by the principal building or buildings and accessory buildings. 24.25. Bulk. The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure plane regulations. 25.26. Business Establishment. A separate place of business having the following three characteristics: Page | 3 Page 23 of 37  a. The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. b. Direct public access to such "business establishment" is separate and distinct from direct access to any other "business establishment." c. There is no direct public access from within such establishment to any other such establishment. Where adjacent places of business lack any one of the above-listed characteristics with respect to one another, they shall then be considered as a single business establishment for the purposes of this Chapter. 26.27. Camper Trailer (Pop-up). A partially collapsible structure designed to provide temporary living quarters primarily for recreational use, constructed with integral wheels to make it mobile and/or towable by motor vehicle. 27.28. "Cannabis" has the meaning set forth in the Illinois Cannabis Regulation and Tax Act. 28.29. Cannabis Craft Grower. A facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, dry, cure, and package small quantities of cannabis and perform other necessary activities to make small quantities of cannabis available for sale at an adult use or medicinal cannabis dispensary or use at a cannabis processor or infuser. 29.30. Cannabis Infuser. A facility operated by an organization or business that is licensed by the Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product. 30.31. Cannabis Processor. A facility operated by an organization or business that is licensed by the Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product. 31.32. Cannabis Transporter. An organization or business that is licensed by the Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program. 32.33. Canopy. A structure other than an awning with a frame, which is wholly or partially supported by columns, poles or braces extending from the ground. 33.34. Care Facility. A facility providing care to individuals. There are three primary types of care facilities: a. Ambulatory—A facility which provides care to individuals without hospitalization or other institutionalization. b. Extended Care or Skilled Nursing Home—A facility or part of a facility which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients. c. Intermediate—A facility which provides, on a regular basis, health- related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is Page | 4 Page 24 of 37  designated to provide but who, because of their mental or physical condition, require care and services which can be made available to them only through institutional facilities such as these. 35. Catering Establishments. A facility whose primary purpose is to provide food, generally in large quantities, for banquets or for special events which are held off the premises not including a carry-out restaurant or a sit-down restaurant. 34.36. Cemeteries / Mausoleums. Land or structures used or intended to be used for the burial of the dead. 35. Commercial Recreation Facilities. Physical recreation establishments such as tennis or racquet clubs or gymnasiums or fitness facilities. 36. Commercial School. A school which principally offers, for profit, specific courses of instruction in business, trade, industry or other trained skills, but does not offer academic instruction equivalent to the standards prescribed by the School Code of Illinois. 37. Community Center. A building for recreational, educational, or entertainment purposes. 38.37. Community Residence. 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 small when the number of unrelated disabled persons living in the residence is less than five and deemed large when the number of unrelated disabled persons living in the residence is between five and eight. Community Residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason is substance abuse. 39.38. Compassionate Use of Medical Cannabis Program Act. The Illinois Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq. 40.39. Conference Room/Meeting Hall. A facility with space available for lease by private parties primarily for meetings. 41.40. Construction Yard. An establishment with space used for bulk storage of landscape and building material, heavy construction equipment and machinery, and which may include the provision of services, the fabrication of building related products, the operating of machinery, and the construction yard's business office. 42.41. Contractor's Design Showroom. A room or group of rooms used for conducting administrative, clerical and general office affairs, which includes a design showroom but does not include on-site storage of contractor's vehicles, equipment and materials. 43.42. Contractor's Office. A room or group of rooms used for conducting administrative, clerical and general office affairs but not including design showrooms or any on-site storage of contractor's vehicles, equipment and materials. 44.43. Contractor's Shop. An establishment used for conducting administrative, clerical and general office (business) affairs, indoor repair, maintenance and/or storage of a contractor's vehicles, equipment and materials, and may include the contractor's business office and may include a design showroom. Page | 5 Page 25 of 37  45.44. Convenience Store. A small retail establishment solely for the purpose of selling food, tobacco, periodicals, beverages, and other household items, in limited size and produce choices with the intent of quick service. Reheating and/or selling of already prepared/prepackaged food for consumption off the premises does not make a convenience store a restaurant. 46.45. Court. An open area unobstructed from the ground to the sky. An inner court is bounded on more than three sides by the exterior walls of one or more buildings. An outer court is bounded on not more than three sides by the exterior walls of one or more buildings. 47.46. Cultivation Center. "Cultivation Center" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act. 48.47. Curb Level. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level." 49.48. Day Care Center. Any institution or place in which are received three or more children, apart from their parents or guardian, under the age of six years, for care during part or all of a day between 6:00 a.m. and 9:00 p.m. The term is further construed to include similar units operating under any other name whatsoever with or without stated educational purposes. This definition does not include "Group Care Home," "Group Day Care Home," "Foster Family Home," "Centers for Mental Retarded," licensed by the State of Illinois, bona fide kindergartens or "Day Nursery Schools," established in connection with grade schools supervised or operated by a private or public Board of Education or approved by the State Department of Public Instruction. 50.49. Day Care Facility. Any facility operated for the purpose of providing care, protection and guidance to more than eight adults during only part of a 24-hour day. This term excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period. 51.50. Day Care Home. A day care home means a family home which receives more than three up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household. 52.51. Deck. A raised platform over 16" above grade directly attached to the principal building. The height of any deck shall not exceed the height of the first full story above grade. 53.52. Debilitating Medical Condition. "Debilitating Medical Condition" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act. 54.53. Dispensing Organization. "Dispensing Organization" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act. Page | 6 Page 26 of 37  55.54. Dispensing Organization Agent. "Dispensing Organization Agent" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act. 56.55. Dormitory. A building or portion thereof, which contains living quarters for students, staff or members of an accredited college, university, boarding school, theological school, hospital, religious order or comparable organization; provided that the building is owned and managed by the organization and contains common cooking and eating areas. 57.56. Drive-Through Facility. A facility, establishment, or portion thereof, such as a bank or restaurant, that is designed, intended or used for transacting business with customers who remain in their vehicles. 58.57. Driveway. A private motor vehicle access way between the roadway and a parking area within a lot. A Shared Driveway is a private roadway providing access from a street to two or more dwellings on the same lot. 59.58. Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including one family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels or motels. Kitchens and bathrooms must be permanently installed. An Attached Dwelling is one which is joined to another dwelling or dwellings at one or more sides by a party wall or walls and designed exclusively for the occupancy by one family. A detached dwelling is one which is entirely surrounded by open space on the same lot designed exclusively for occupancy by one family. There may be one family dwellings, two family dwellings or multiple-family dwellings. a multiple family dwelling consists of a building or portion thereof designed or altered for occupancy by three or more families living in individual apartments with separate kitchen and bath facilities for each apartment. 60.59. Dwelling Unit. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities. An efficiency dwelling unit is one which consists of not more than one habitable room together with kitchen or kitchenette and sanitary facilities. 61.60. Earth Station. Any disc antenna with an essentially solid surface, whether flat, concave, or parabolic, which is designed for receiving television, radio, or data microwave signals from satellites. There are two kinds of earth stations: a. Commercial Earth Station is any earth station used in conjunction with communication facilities for use in commerce or industry. b. Non-Commercial Earth Station is any earth station used for private radio and television reception only. 62.61. Floor Area (for determining off-street parking and loading requirements). The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. 63.62. Floor Area (for determining compliance with dwelling standards). The floor area shall be measured from the interior walls, excluding utility rooms, cellars, basements, open porches, breezeways, garages, and other spaces that are not Page | 7 Page 27 of 37  used frequently or during extended periods of living, eating or sleeping purposes. Enclosed spaces intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor area. 64.63. Floor Area Ratio (F.A.R.). The total floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or in the case of planned unit developments, by the net site area. F.A.R. is measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings. For determining floor area ratio, the floor area of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The "Floor Area" of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established; that floor area of attached and/or detached garage in excess of 400 square feet for a single-family residential unit; elevator shafts and stairwells at each floor; floor space used for mechanical equipment, open or enclosed, located on the roof; penthouses; attic or volume space having headroom of seven feet or more; interior balconies and mezzanines; and enclosed porches, and floor area devoted to accessory uses. However, any space, except a single-family attached or detached garage, that is devoted to off-street parking or loading shall not be included in "Floor Area." In determining the floor area ratio for lots having detached garages, 100 percent of the total floor area of the detached garage shall be excluded from the FAR calculation if there are no other garages on site, if the structure is architecturally compatible with the principal dwelling unit, and if 50 percent or more of the existing homes that both front on the same side of the street and are contained between two adjacent streets which intersect that street also have detached garages. 65.64. Food Store. A place of business where food such as meats, dairy products, frozen foods, produce, and dry goods are sold for retail trade. 66.65. Foot Massage. A place of business which provides any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external soft parts of the foot, ankle and lower leg below the knee only, to be performed in an open space as opposed to individual rooms. 66. Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all property abutting on one side between an intersecting street and the dead-end of the street. 67. Funeral Parlor. An commercial establishment where ceremonies are held in connection with embalming or burial of deceased person. 68. Garage. A building or structure or part thereof used or intended to be used for the parking and storage of vehicles. 69. Garage, Private Customer and Employee. A structure (above or below ground) which is accessory to a commercial, institutional or manufacturing Page | 8 Page 28 of 37  establishment, building or use utilized for the parking and storage of vehicles operated by the customers, visitors, and employees of such building. 70. Garden Center. A place of business where plants, nursery products, fertilizers, potting soil, tools, and garden utensils are sold to the customer. 71. Gazebo or Pergola. An accessory building that is a detached, covered, freestanding, open air structure. 72. Geothermal Energy System. A renewable energy system using equipment that circulates relatively constant ground temperatures throughout buildings using an underground based piping system and a heat pump. 73. Grade. The degree of rise or descent of a sloping surface. a. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. b. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining street. c. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the Village Engineer. 74. Health Clubs. A facility designed for the major purpose of physical fitness or weight reducing which includes, but is not limited to, such equipment as weight resistance machines, whirlpools, saunas, showers, and lockers. This shall not include municipal or privately owned recreation buildings.A commercial facility designed for the major purpose of physical sports and fitness or weight reducing which includes, but is not limited to, such equipment as weight resistance machines, whirlpools, saunas, showers, and lockers. This use may include large rooms equipped for physical exercise or sports clubs such as tennis or racquet clubs. This shall not include municipal government or privately owned recreation buildings. 75. Home Occupation. A use of a dwelling unit carried on by members of the immediate family residing on the premises. 76. Hospital/Health Care Facility. An institution providing primary health services and medical or surgical care to persons, primarily as in-patients suffering from illness, disease, injury, and other physical or mental conditions and including as an integral part of the institution, related facilities such as laboratories, out- patient facilities or training facilities. 77. Hotel. A building primarily designed for transient occupancy containing lodging rooms or suites accessible from a common hall or entrance, providing living, sleeping and bathroom facilities. A central kitchen, meeting rooms, dining rooms and recreation rooms may also be provided. 78. Impervious Surface Coverage. Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to buildings, patios, paved parking and driveway areas, walkways, sidewalks and paved recreation areas (e.g. basketball court, tennis court, swimming pool). Page | 9 Page 29 of 37  79. Incidental Use. A use which is associated with and subordinate to the principal permitted use. 80. Institution, Residential. A housing facility owned, managed, supervised or controlled by an organization such as a place of worship, public school, hospital, intermediate care facility or municipal owned or operated building. Such housing facility shall be used for dwelling purposes only and be limited to members of, or persons under the supervision or control of the institutional organization such as, but not limited to, elderly, students, clergy, and disabled. 81. Kennel. Any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals, over four months of age, are kept, or on which more than two such animals are boarded for compensation or kept for sale. 82. Library, Museum or Other Similar Building. A building that is used for exhibitions such as aquariums, arboretums, art, botanical gardens, historic sites and exhibits, planetariums, and libraries. 82.83. Lodging Room. A room rented in a facility having three or more rented rooms as sleeping and living quarters, but without cooking facilities and which may have individual bathrooms. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this Code. 83.84. Lot. A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. The following are the different types of lots: a. Corner Lot. A parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block. b. Reversed Corner Lot. A corner lot, the rear of which abuts upon the side of another lot. c. Double Frontage Lot. A lot having frontage on two non-intersecting streets. d. Flag Lot. A substandard lot of record that does not have its full "frontage" abutting a street. The lot width shall be measured at the required setback line for the building. e. Interior Lot. A lot other than a corner or reversed corner lot. f. Substandard Lot of Record. Any lot lawfully existing at the time of adoption or amendment of this Zoning Code that is not in conformance with the dimensional and/or area provisions of this Zoning Code. g. Through Lot. A lot having frontage on two parallel or approximately parallel streets but which is not a corner lot. h. Zoning Lot. A tract of land which is designated or required as a tract to be used to attain compliance with the regulations of the zoning district in which it is located, or developed or built upon as a unit, under single ownership or control. A "zoning lot" may or may not coincide with a lot of record. 84.85. Lot Area. The area bounded by the lot lines, the right-of-way line of any street adjoining the lot, and the centerline of the right-of-way of any private access road adjoining the lot. For the purpose of determining the lot area per Page | 10 Page 30 of 37  dwelling unit, the total lot area shall be measured with the exclusion of land in the public or private streets right-of-way and land dedicated for park or school purposes. 85.86. Lot Depth. The mean horizontal distance between the front and rear lot lines measured within the lot boundaries. 86.87. Lot Frontage. The frontage of a lot shall be that boundary of a lot along a public street excluding lot access areas. 87.88. Lot Width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line. 88.89. Manufacturing. The mechanical or chemical transformation of materials or substances into new products including the assembling of components, parts, the manufacturing of products and the blending of materials. 89.90. Marquee or Canopy. A roof-like structure of a permanent nature that projects from the wall of a building and overhangs the public way. 90.91. Massage/Accu-Pressure Establishment. A place of business which provides any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations used in this practice, under such circumstance that it is reasonably expected that the person to whom treatment is provided, or some third party on such person's behalf, will pay money or give other consideration or any gratuity therefore. 91.92. Medical or Dental Laboratory. A place of business devoted to the testing and analysis for the medical profession or to the preparation of dentures and similar items for dental preparation. 92.93. Medical Cannabis Infused Product. "Medical Cannabis Infused Product" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act. 93.94. Microbrewery. A brewery that produces no more than 930,000 gallons of beer per year and which is licensed as a Class 1 brewer by the State of Illinois. 94.95. Motel. A building or buildings designed for transient occupancy containing lodging rooms or suites accessible through a common hall or separate outside entrances, providing living, sleeping, and bathroom facilities. No room shall be equipped with kitchen facilities. 95.96. Motor Home. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle. 96.97. Nameplate. A sign indicating the name and/or address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein. 97.98. Non-Conforming Building. A building or structure, or portion thereof, lawfully existing at the time of the adoption of this Code, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located. Page | 11 Page 31 of 37  98.99. Non-Conforming Use. A use which lawfully occupied a building or land at the time of adoption of this Code but which no longer conforms with the use regulations or the district in which it is located. 99.100. Nursing Home. An extended or intermediate care facility licensed or approved to provide fulltime convalescent or chronic care to individuals who by reason of advanced age, chronic illness or infirmity are unable to care for themselves. 100.101. Off-Street Loading Space. An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers to avoid undue interference with the public use of streets and alleys. 101.102. Office, Medical or Dental. The office of a member of the medical or dental profession requiring licensing by the State and maintenance of professional standards applicable to the field for which services are provided on an out- patient basis. 102.103. Office, Non-Medical and Non-Dental. A use or structure other than a medical use where business or professional activities are conducted and/or business or professional services are made available to the public, including, but not limited to, tax preparation, accounting, architecture, legal services, real estate and securities brokering, and professional consulting services. "Office" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use. 103.104. Overlay Zoning District. An overlay-zoning district is a mapped area with restrictions beyond those in the underlying zoning. An overlay district is used to achieve planning objectives, which may not be achieved through the underlying zoning. Where conflicts arise between the overlay district and the underlying zoning, the overlay district restrictions apply. 104.105. Parcel Delivery and Pick-Up Service. An establishment where parcels, not exceeding 120 inches in length or girth and not exceeding 125 pounds, are being received for the shipment and delivery to other destinations or are available for pick-up after arriving from other locations. 105.106. Parking Area. An open or covered, hard-surfaced area, other than street, alley or public right-of-way, used for the parking of vehicles. a. A private parking area is for private vehicles only, of occupants of the building or buildings for which the parking area is developed and is accessory. b. A public parking area is for the storage of vehicles of occupants of the building or buildings for which the parking area is developed and is accessory. 106.107. Patio. A level landscaped and/or surfaced area. 107.108. Pawn Shop/Cash Converter Facility. A building or use, the principal purpose of which is the lending of money on deposit or pledge of personal property, or dealing in the purchase of personal property on condition of selling the same back at a stipulated price. 108.109. Personal Trainer. A physical fitness trainer who provides individual fitness counseling. Page | 12 Page 32 of 37  109.110. Pervious Surface. A surface that presents an opportunity for precipitation to infiltrate into the ground. 110.111. Pet Grooming Establishments. Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. 111.112. Pet Shops and Supply Stores. A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats fish, birds, reptiles, and related pet supplies, but excluding exotic animals and farm animals such as horses, goats, sheep and poultry. 112.113. Physical Rehabilitation Center. A facility licensed by the State of Illinois providing treatment on an out-patient basis to remove or reduce the risk of injury, impairment, functional limitation or disability, including the promotion and maintenance of fitness, health and wellness through a rehabilitation plan of therapeutic intervention. 114. Pickup Camper. A structure designed for recreational use, designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling. 113.115. Places of Worship. A building, together with its accessory buildings and uses, that is primarily used as a place where persons regularly assemble for religious worship. This term includes uses such as synagogues, churches, temples, mosques or similar uses. Worship service and related religious activities in buildings primarily used for residential purposes that have not undergone any interior or exterior structural modification to accommodate group assembly, and with no external evidence that advertises the activity, shall not be considered a place of worship. 114.116. Playhouse. A freestanding structure, with a maximum height not to exceed 12 feet in a side yard and 15 feet in a rear yard. 115.117. Porch. A covered protection from a wall of a building that may or may not use columns or other ground supports for structural purposes and which is primarily used to provide an extension of the living area. 116.118. Portico. A roofed structure projecting from the building which has no enclosures of any kind and which has an entry surfaced area that does not exceed eight feet in width and does not extend more than four feet out from the building. 117.119. Principal Building. A building in which the residence or permitted primary use of the lot is conducted. 120. Principal Use. The main use of land or buildings, as distinguished from a subordinate or accessory use, to which premises are devoted comprising at least 80 percent of the floor area and the primary purpose for the premises. 118.121. Private Library, Museum or Other Similar Building –(moved to #82) 121. Private Roadway. The paved area, exclusive of sidewalks, driveways or related uses, on private property, used or intended to be used for circulation, passage or travel of motor vehicles from a street to two or more adjacent parcels. 122. Public Utility. Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, Page | 13 Page 33 of 37  steam, telephone, telegraph, transportation, cable television, water, and other data transmission services. 123. Qualifying Patient. "Qualifying Patient" has the meaning set forth in the Compassionate Use of Medical Cannabis Program Act. 124. Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers. 125. Research Laboratory. A place devoted to experimental study such as testing and analyzing but which does not include manufacturing, assembly or packaging of products. 126. Repair, Major. Includes any action which fixes, mends, or restores products other than motor vehicles: a. Major Repair is repair of products such as furniture, refrigerators, or similar products which generally require storage yards or storage area. b. Minor Repair is repair of products such as shoes, watches, jewelry, and electronics. 127. Restaurant. Any building or part thereof where food is cooked or prepared for compensation, for the general public and for immediate consumption on or off the premises. 128. Restaurant-Amusement Device Arcade. An establishment primarily devoted to the sale of food and beverage and partially devoted to the use of more than ten coin-operated amusement devices. 129. School. An institution conducting regular academic instruction at the kindergarten, elementary, middle school and high school levels. a. Public School. A public institution which offers general academic instruction equivalent to the standards prescribed by the School Code of Illinois. b. Private School. A non-public institution which offers programs accepted by the State of Illinois in lieu of public instruction. 130. School, for the Arts and Health. Commercial establishments used for the teaching of children and adults including dance, aerobics, art, martial arts, yoga, music, photographic studio or classrooms, and other similar activities, but does not offer academic instruction equivalent to the standards prescribed by the School Code of Illinois. 131. School, Trade or Commercial. A commercial establishment which principally offers specific courses for instruction in business, trade, or industry, or specific supplemental academic instruction courses but does not offer academic instruction equivalent to the standards prescribed by the School Code of Illinois. 132. Salon. Any establishment where cosmetology services are provided including hair care, nail care, and skin care on a regular basis for compensation. 133. Seating Area. Areas used to consume food or beverages on the customer side and which provide access to areas such as buffets, bars, or serving tables. 133.134. Senior Living Facility*. A building or group of buildings intended for seniors in which food, shelter, or personal assistance or supervision are provided for a period exceeding 24 consecutive hours for one or more adults Page | 14 Page 34 of 37  who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, transportation, diet or medication prescribed for self-administration. This use may include independent living, assisted living, memory care and nursing homes for seniors. *Note this definition is still being refined 134.135. Sheltered Care. An establishment licensed to provide assistance, supervision or oversight to residents, usually short term. A sheltered care home may not provide skilled or intermediate nursing services nor care for those cases for which hospitalization is generally required. 135.136. Solar Energy System. A renewable energy system consisting of a collection of parts including any base, mounts, tower, solar collectors and accessory equipment such as utility interconnections and solar storage batteries in such a configuration as necessary to convert solar radiation into thermal or electrical energy. There are three types of solar energy systems: a. Roof Mounted. A renewable energy system consisting of equipment installed on the roof of a principal or accessory building located between the eave and ridge used for the conversion of sunlight into a usable form of electrical energy or to heat water. b. Wall Mounted. A renewable energy system consisting of equipment installed on a wall of a principal or accessory building below the eave, or where there is a flat roof the space below the top of a parapet, used for the conversion of sunlight into a usable form of electrical energy or to heat water. c. Ground Based. A renewable energy system consisting of equipment used for the conversion of sunlight into a usable form of electrical energy placed on the ground of a zoning lot and which is not attached to any principal or accessory building. 137. Sports Wagering Facility. A facility at which wagering is conducted with respect to the outcome or portions of a professional sport or athletic event, a collegiate sport or athletic event, a motor race event, or other event or competition of skill, or with respect to the individual performance statistics of athletes in a sports event or combination of sports events, or with respect to any other events upon which wagering is permitted under the Illinois Sports Wagering Act, 230 ILCS 45/25-1 et seq., as it may be amended. 136.138. Stadium. A commercial building that is either open, enclosed, or with a retractable roof that is used primarily for spectator sports and major events, and partly or completely surrounded by ticketed or reserved spectator seating. Permitted accessory land uses include offices, concessions, sale or consumption of alcoholic beverages for on-premises consumption during scheduled events, merchandise standards, and parking garages. 137.139. Storage Facility. A place where goods, materials, or personal property is placed and kept for more than 24-consecutive hours. 138.140. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a Page | 15 Page 35 of 37  story exceeding 14 in height shall be considered as an additional story for each 14 or fraction thereof. 139.141. Story, Half. That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this Code. In the case of multiple-family dwellings three or more stories in height, a half story shall be counted as a story. 140.142. Structure. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall, television antenna towers, earth stations, or other devices receiving electronic signals. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure. 143. Structural Alterations. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances. 141.144. Theatre. An commercial establishment open to the public in which plays, movies, choirs, comedy acts or other dramatic performances for a fee or admission charge. Accessory uses may include: 1) concessions; 2) kitchen facilities, or 3) the sale or consumption of alcoholic beverages for on-premises consumption during scheduled performances. 142.145. Travel Trailer. A rigid, non-collapsible structure designed to provide temporary living quarters primarily for recreational use, constructed with integral wheels to make it mobile land/or towable by a motor vehicle. 143.146. Tree House. An accessory structure which utilizes one or more trees for structural support and/or incorporates the tree into the design. 144.147. Used Car Lot. A zoning lot on which used cars are displayed for sale or trade. 145.148. Vehicle. Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. a. Commercial Vehicle. Any type of vehicle used or maintained for commercial purposes, primarily to transport material or operate a power attachment or tool, such as a snowplow or any vehicle containing cargo for commercial purposes. For purposes of this Chapter, any vehicle with advertising or a business designation affixed to it shall be considered a commercial vehicle. b. Recreational Vehicle (RV). An RV shall include, but not be limited to, camper trailer (pop-up), motor home, off-road vehicle, open trailer, pickup camper, snowmobile, travel trailer and water craft. 146. Trade or Commercial School - An establishment which principally offers, for profit, specific courses for instruction in business, trade, or industry, or specific supplemental academic instruction courses but does not offer academic Page | 16 Page 36 of 37  instruction equivalent to the standards prescribed by the School Code of Illinois. (Moved to 131) 147.149. Trailer. Any motorized or non-motorized vehicle intended to carry or store a recreational vehicle. An open trailer or a trailer not carrying or storing an RV shall be considered an RV for the purposes of this Code. 148.150. Window Wells. A space maintained between a below grade window and the surrounding soil. The window well provides drainage or air or light around the window and in some cases, an egress route from the structure. 149.151. Yard. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Code, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located. The following are the specific definitions for each type of yard: a. Exterior Side Yard. That part of the yard on a corner lot, lying between the exterior side lot line and the nearest line of the principal building and extending from the front yard (or from the front lot line, if there is no required front yard) to the rear yard (or from the rear lot line, if there is no required rear yard). On a corner lot, the larger of the two lot dimensions adjacent to the street shall be considered the exterior side yard. b. Front Yard. A yard extending across the full width of the zoning lot and lying between the lot line which fronts on a street and the nearest line of the principal building. On a corner lot, the smaller of the two dimensions adjacent to a street shall be considered the front yard. c. Rear Yard. A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building. d. Side Yard. That part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the front yard (or from the front lot line, if there is no front yard) to the required rear yard (or from the rear lot line, if there is no required rear yard). Page | 17 Page 37 of 37