§ 2.03. Definitions.

The following words and terms when used in the interpretation and administration of this ordinance shall have the meaning set forth herein except where otherwise specifically indicated. Words and terms not defined here shall be defined as specified in the latest published edition of Webster's New Collegiate Dictionary.

Accessory structure or use shall mean a structure or use customarily incidental to and auxiliary to the primary building or use on the same premises as such primary building or use. When the wall of an accessory structure is a part of or joined to the wall of the primary building such accessory structure shall be construed as a part of the primary building.

Adjacent shall mean adjoining, abutting, bordering, touching or contiguous. If two tracts of land are separated by a public or private street or right-of-way or a public or private alley, they shall not be deemed to be adjacent.

Adult business shall mean any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to the following: Adults-only bookstores, adults-only motion picture theaters, adult-entertainment centers, adults-only nightclubs or adults-only saunas, where explicit sexual conduct is depicted or sexual activity is explicitly or implicitly encouraged or tolerated.

Adult care center shall mean a building or group of buildings providing daytime care to six or more handicapped persons or senior citizens unrelated by blood or marriage to, and not legal wards or foster children of the attendant adult within an occupied residence.

Adult entertainment business is synonymous with "adult business," as defined herein.

Adult entertainment center shall mean an enclosed building or part of an enclosed building, which contains one or more coin-operated mechanisms which when activated permit a customer to view a live nude person or in such attire, costume or clothing as to expose to view the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; or, female breast, at or below the areola thereof. In addition, the viewing of a live person, in the above described manner, after paying of any admission or fee for the viewing of the same activity.

Adults-only shall mean any items or activities emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity.

Adults-only bookstore shall mean any adults-only establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. Any establishment, having adults-only items as a substantial or significant portion of its stock, that sells or displays adults-only items for sale to patrons therein.

Adults-only motion picture theater shall mean an enclosed building used regularly and routinely for presenting adults-only material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation by patrons therein.

Adults-only nightclub shall mean an establishment or place either occasionally or primarily in the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, where explicit sexual conduct is depicted or sexual activity is explicitly or implicitly encouraged or tolerated.

Adults-only sauna shall mean an establishment or place primarily in the business of providing a steam bath or massage services, where explicit sexual conduct is depicted or sexual activity is explicitly or implicitly encouraged or tolerated.

Agribusiness shall mean agriculturally related businesses such as, but not limited to, commercial anhydrous ammonia facilities; commercial bulk fertilizer facilities; commercial grain elevators and grain storage; commercial sale, rental and repair of farm implements and equipment; commercial storage, distribution and sales of liquid petroleum products; retail animal feed; commercial feed preparation, grinding, and mixing; and commercial livestock depots and buying or sale yards, where such business activity constitutes the principal activity on the land and further provided sufficient evidence accompanies the application that adjoining or neighboring properties will not be adversely affected by the proposed business.

Agricultural labor housing shall mean detached single-family dwelling units, which may include manufactured homes but not other trailers, for use by full-time, temporary or permanent employees engaged in agricultural pursuits that take place on the property where the dwelling units are located. This housing unit is considered an accessory structure and its use is accessory to the zoning lot's agricultural use or uses.

Agriculture shall mean land, or land and structures, which is primarily used and intended for agricultural purposes which includes the growing of farm crops; truck garden crops; animal and poultry husbandry; animal feed lots, apiculture, aquaculture, dairying; floriculture; horticulture; nurseries, tree farms; sod farms; pasturage; viticulture; wholesale greenhouses; the growing, developing, processing, conditioning and selling of hybrid seed corn, seed beans, seed oats, or other farm seeds, when such agricultural purposes constitute the principal activity on the land; and uses customarily incidental to agricultural purposes including the production, processing, storage and sale of grain, animal feed and fodder; field scouting and soil sampling; precision agriculture; remote aerial imagery and data processing; field drain tile installation and repair; manure application; on-farm machine repair and used machine sales; and limited on-farm processing of locally grown crops, produce, livestock or poultry, when such incidental uses take place on land used for agricultural purposes. Any and all land or structures used in accordance with the above shall be considered to be used for agricultural purposes.

Agri-tainment shall mean uses and activities conducted on agricultural land that are intended to be offered to the general public for entertainment purposes.

Aircraft hangars/tiedowns shall mean an area used for the temporary storage of aircraft, and may either enclosed or unenclosed.

Aircraft repair and service shall mean general repair, rebuilding or reconditioning of airplanes.

Airstrip/runway shall mean a strip of ground used for the landing and take-off of airplanes.

Alley shall mean a public or private way primarily designed to serve as a secondary means of access to those parcels whose principal frontage is on a public street.

Alterations, structural. See structural alteration.

Amusement arcade shall mean an establishment devoted to the use of four or more coin-operated amusement devices.

Animal foster home shall mean any private premises or portion thereof on which animals belonging to a state licensed animal shelter are housed until adoption.

Animal hospital shall mean 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.

Animal shelter shall mean any space designated to provide for the temporary accommodation of five or more common household pets which are stray or not wanted by their owner, until appropriate disposition or adoption of such pets can be effectuated.

Antenna shall mean an arrangement of wires, metal rods, parabolic or concave dishes, or similar materials used for the transmission and/or reception of electromagnetic waves.

Antenna tower shall mean any structure designed for the purpose of mounting an antenna.

Apartment shall mean a room or suite of rooms in a multiple dwelling structure, which is arranged, designed, used or intended to be used as a residence for one family.

Apartment hotel shall mean a building or portion thereof designed for or containing both individual guest rooms or suites of rooms, and dwelling units, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.

Arbor shall mean a leafy, shady recess formed by tree branches, or latticework intertwined with shrubs or vines.

Arcade shall mean a building frontage type where the building facade above the ground level overlaps the public sidewalk while the ground level portion of the building maintains a setback or is located at the build-to line.

Artwork shall mean any object, such as a sculpture, figure, statue, monument, painting, photograph or the like constructed out of such materials as stone, clay, wood, or metals, which exhibits individual expression and creativity.

Awning shall mean a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Automobile repair, major shall mean general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; overall painting or paint shop; or vehicle steam cleaning.

Automobile repair, minor shall mean replacement of parts and motor services to passenger cars and trucks not exceeding 1½ tons capacity, excluding body repairs.

Automobile and trailer sales area shall mean an open area other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile service station or filling station shall mean a place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public, and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, and including minor automobile repairs. Such businesses may include as an accessory use a convenience store.

Automobile wrecking shall means the permanent dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.

Balcony shall mean an elevated platform open to the elements, not supported by the ground and projecting from an upper story and enclosed entirely by a railing.

Balcony

Bar shall mean a room(s) or a counter accessory to the principal use of the building or tenant space in the building where alcoholic beverages are served for consumption on the premises and may provide for dancing.

Base flood shall mean the flood having a one percent probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year-flood.

Base flood area shall mean the land area subject to inundation by waters of the base flood.

Base flood elevation shall mean the elevation at all locations delineating the level of flooding resulting from the 100-year frequency flood event

Basement shall mean a story partly or wholly underground. Where a basement is used for business or dwelling purposes, or where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for the purpose of height measurement.

Basement

Bay window shall mean a window projecting beyond the wall line of the building and not supported by a foundation.

Bed and breakfast lodge, inn shall mean a residential building containing not more than five lodging rooms offered for rent on a daily basis to transient guests for a continuous period of 30 days or less, and containing the owner's principal residences; where provision of meals is limited to the breakfast meal served exclusively to overnight guests between the hours of 5:00 a.m. and 10:00 a.m., but does not include meeting rooms or reception halls.

Bedroom shall mean any room designed, intended, or used principally for sleeping purposes, including a study or a den.

Berm shall mean soil of good quality, uncompacted, raised generally above the surrounding finish grade with side slopes generally no steeper than three horizontal units to one vertical unit (3:1); generally a man-made slope.

Berm

Block: shall mean a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways, municipal, township and county boundary lines.

Block

Body shop, motor vehicle. See "Automobile repair, major" above.

Boarding house shall mean an owner-occupied single-family dwelling that includes one or more rooms that are rented or intended to be rented, but which rooms, individually or collectively, do not include a separate kitchen(s) and do not constitute separate dwelling units.

Breezeway shall mean a covered pedestrian passageway, as between a house and a garage, but otherwise exposed to the elements.

Buildable area shall mean the area of a lot remaining after yard, parking or any other requirements of this ordinance have been satisfied.

Buildable Area

Building shall mean a roofed structure designed or intended for the enclosure, shelter or protection of persons, animals or other property, which is permanently affixed to the ground. All forms of vehicles and structures designed with axels, even if immobilized, are excluded from this definition.

Building, accessory. See "accessory structure or use."

Building, detached shall mean a building surrounded by open space on all sides.

Building coverage. See "lot coverage."

Building height shall mean the vertical distance of a building measured from finished grade to the highest point of the building, excluding chimneys, towers and spires, mechanical equipment, cooling towers, storage tanks, bulkheads, water towers, and antennae attached to or resting upon the building.

Building Height

Building inspector shall mean the chief building inspector for the county, or his duly authorized representative.

Building line shall mean a line parallel to adjacent property lines at a specified distance from said property lines establishing the minimum open space to be provided between building(s) and an adjacent lot line. Also known as "building setback line," "setback line" and "build-to line."

Building Lines (Setbacks)

Building official shall mean the official charged with interpretation and enforcement of the adopted building codes of the county. The planning director shall serve as the building official for the county.

Building, primary shall mean a building other than an accessory structure in which is conducted the primary use of the zoning lot on which it is located.

Bulk regulations shall mean a general term referring to the regulations of the various zoning districts and supplemental district regulations that establish dimensional requirements, including minimum building setbacks, minimum lot area and lot width, maximum building height, maximum lot coverage and other regulations dealing with the spatial relationships of buildings, structures, land uses, parking lots, signs, and other improvements to each other and to lot lines.

Burial building shall mean any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults or columbaria.

Business shall mean an occupation, employment or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited, bought or sold, or where services are offered for compensation.

Caliper shall mean the diameter of a tree trunk six inches above the existing grade or proposed planted grade and in conformance with the provisions of the Code of Standards (Z60.1-1986 or latest version) published by the American Association of Nurserymen, Inc.

Car wash shall mean a structure, or portion thereof, containing facilities for washing automobiles, and may utilize production-line methods using a conveyor, blower, steam-cleaning device; or other mechanical devices, and may include detailing services.

Cellar. See "basement."

Church shall mean land, buildings, structures and facilities used primarily for religious worship. The word "church" shall include chapel, temple, synagogue and mosque. As a use, "church" shall include those activities and incidental uses customarily associated with churches, including, but not limited to: Sunday schools; vacation Bible schools; private schools owned and operated by a church located on the same zoning lot as the church; meetings conducted on the premises by private groups; clergy residence; church offices; and cemeteries located on the same lot as a church; and such incidental uses shall be considered part of the "church" use and shall not require separate approval by the county.

Clinic, medical or dental shall mean an establishment where one or more licensed physicians, surgeons or dentists engage in the practice of medicine, operating on a group or individual basis with pooled facilities such as coordinated laboratory, x-ray and allied departments, for the diagnosis and treatment of humans, and may include a drug prescription counter (not a drug store) for dispensing prescription drugs and pharmaceutical products to the patients of said physicians, surgeons or dentists.

Club or lodge shall mean a group of people organized for a common purpose to pursue common goals, interest, or activities and usually characterized by certain membership qualifications, payment of dues, regular meeting, and constitution and by-laws. Food and alcoholic beverages may be served on the premises provided such service is secondary and incidental to the principal use.

Cluster shall mean plant material installed as a clump or group as opposed to individual specimens. An odd number of shrubs is desired.

Cocktail lounge shall mean a room or an establishment where alcoholic beverages are served for consumption on the premises and may provide for dancing or live entertainment on the premises.

Commercial use shall mean an activity carried out for pecuniary gain.

Commercial feed lot shall mean any tract on which the principal use is the concentrated or forced feeding of livestock, fowl, or edible animals for the sale of such animals or the sale of products derived from such animals.

Common open space refers to the land within a planned development that is devoid of buildings and other structures, other than recreational and pedestrian facilities and uses accessory thereto, and is suitable for active and passive recreational activities. For purposes of this ordinance, common open space must be a minimum of 50 feet wide. "Common open space" may include underground drainage fields for community septic systems or back-up areas for individual septic systems, and for "spray fields" for spray irrigation purposes in a "land treatment" sewage disposal system. "Common open space" specifically excludes parking lots for non-recreational uses, street rights-of-way, subdivided residential lots, school sites, "mound" sewage disposal systems protruding above grade and aerated sewage treatment ponds. "Common open space" is further divided into two categories as follows:

1.

Primary open space consists of wet-lands and land within the 100-year floodplain;

2.

Secondary open space includes otherwise developable areas of a property which are being preserved for passive or active open space use. Wet bottom detention areas may be included as a part of secondary open space.

Commercial recreation shall mean any establishment or use of land which provides active recreational opportunities, including but not limited to, waterslides and water parks, batting cages, miniature golf, go-cart racing, carnival games, paint-ball fields and facilities, and the like.

Compensatory storage shall mean an artificially excavated, hydraulically equivalent or greater volume of storage within the special flood hazard area used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain.

Community living facility shall mean a dwelling unit operated under state license or certification, or contract to provide supervision, food, lodging, or other services to a service-dependent population as herein defined, living and cooking together in a single, cooperative housekeeping unit, consisting of: a basic group of members of a service-dependent populations; and additional staff persons providing supervision of service to the basic group, as specified in aforesaid licensing, certification or contract regulations. A community living facility with a basic group limited to not more than eight service-dependent individuals plus a maximum of two resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations, shall be considered a single-family dwelling under the terms of this ordinance. Said facility is intended for permanent placements, and shall not be for crisis or short-term, transient placements.

Conservation area shall mean environmentally sensitive and valuable lands protected from any activity that would significantly alter the ecological integrity, balance, or character, except in cases of overriding public interest. A conservation area may be privately or publicly owned or maintained. Conservation areas may include wetlands, significant woodlands, natural habitats of endangered species, and other areas with unique or high quality natural environments.

Condominium shall mean an estate in real property consisting of an individual interest in common with other purchasers in a portion of real property, together with a separate interest in space in a building and/or separate interest in other portions of such real property.

Convalescent home or rest home shall mean an establishment for the care of the aged or infirm, or a place of rest for those suffering bodily disorders, but excluding contagious or communicable diseases and excluding surgery.

Convenience store shall mean a retail establishment having a gross floor area of 5,000 square feet or less, primarily selling foods as well as other household goods customarily sold in larger food markets and supermarkets.

Cottage office shall mean a room or group of rooms meeting habitable room sizes as required by the county building code which are arranged, designed, used and intended for use as a private office and having no sleeping, cooking, eating or sanitation facilities, located in a freestanding accessory building and having its own exterior entrance.

Country club shall mean a land area and building containing recreational facilities, clubhouse and usual accessory uses, typically open only to members and their guests for a membership fee.

County shall mean the County of DeKalb, Illinois.

County board shall mean the DeKalb County Board.

County clerk shall mean the DeKalb County Clerk/Recorder.

County engineer shall mean the county superintendent of highways or a professional engineer, registered in the state, who has been duly appointed as the county engineer of the County of DeKalb, Illinois, or who has been hired by the county as its consulting engineer.

County recorder shall mean the County Clerk/Recorder of DeKalb County.

Crawl space shall mean a space between the ceiling of one story and the floor of the next story above, which normally contains pipes, ducts, wiring and lighting fixtures and permits access but is too low for an individual to stand. A crawl space may be a cellar area no more than 4.5 feet in height, or, if between a ceiling and a shed roof or a flat roof, a cockloft.

Crawl Space

Crematory shall mean a building or portion of a building owned and operated by the owner/operator of a mortuary located on the same property, devoted to cremation services for deceased human bodies. Crematories shall provide services only for the mortuary on the same property, and shall not serve mortuaries, funeral homes or other businesses or institutions located elsewhere.

Day care center shall mean a facility commonly called "infant and toddler centers," "child care centers," "day nurseries," "nursery schools," "play groups," "kindergartens," and "after school programs for young school age children" licensed by the state department of children and family services.

Day care home shall mean a residence licensed by the state department of children and family services for the care of at least three but not more than 12 children for less than 24 hours per day. The maximum number of children permitted includes the family's natural, foster or adopted children and all other persons under the age of 12. The term does not include residences or facilities that receive only children from a single household.

Deciduous shall mean plants that do not retain leaves or needles during the winter season of the year.

Deck shall mean a level, unenclosed platform serving as a floor and located above the finished grade, and usually directly adjoining or attached to a building.

Deck

Dedication shall mean intentional transfer by the developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by formal conveyance, or by any other method recognized by the laws of the state.

Density shall mean the number of dwelling units per acre of land area.

Density, gross buildable shall mean the number of dwelling units per acre of gross buildable land area.

Developer shall mean any person, persons, corporation, or government agency undertaking any development as defined in this ordinance. The term "developer" includes such commonly used references as "sub-divider," "owner," and "proprietor."

Disability shall mean a personal condition which is:

(1)

Attributed to mental, intellectual, or physical impairment or a combination of mental, intellectual, or physical impairments;

(2)

Likely to continue for a significant amount of time or indefinitely; and

(3)

Results in functional limitation in three or more of the following areas of major life activities self-care: recaptive or expressive language; learning; mobility; self-direction; capacity for independent living; economic self-sufficiency;

and reflects the person's need for a combination and sequence of special interdisciplinary or generic care treatment, or other service of life-long or extended duration, but is not the result of a communicable disease or substance abuse or alcohol abuse.

District, zoning shall mean a section of the unincorporated areas of the county within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this ordinance.

Dog run shall mean an enclosed outdoor area intended for the exercising and/or containment of dogs or other animals.

Dormitory shall mean a building where sleeping accommodations, dining facilities and common bathroom facilities are provided for more than ten unrelated individuals, exclusive of the resident family, who are students or members of a religious order, college, university, convent, monastery or other institutional use.

Drip line shall mean the zone lying between the trunk of a tree or shrub and the extreme outer edge of the leaf and branch structure, i.e., the diameter of the leaf and branch structure extended vertically down to the soil surface.

Drip Line

Drive-in/drive-through shall mean a facility or establishment which is designed, intended or used for transaction of business with customers in automobiles, including the viewing of motion pictures. A drive-up facility may be the principal or an auxiliary function of the business. A drive-up facility does not include mail or parcel collection boxes.

Driveway shall mean a private roadway providing vehicular access from a street or alley to adjacent property.

Dwelling shall mean a building or portion thereof designed or used exclusively for residential purposes, including farm, single-family, two-family, and multiple-family dwellings, but not including manufactured homes or other trailers, hotels, motels or lodging houses.

Dwelling, single-family shall mean a dwelling unit designed or intended for use by one family.

Dwelling, attached single-family shall mean a building consisting of single-family dwellings each of which is attached by common vertical wall to at least one other dwelling u unit with each dwelling unit having a separate exterior entrance and occupying the ground, including, but not limited to, the following: "townhouse," "rowhouse," "duplex," "four-plex," "three-plex." In addition, no dwelling unit or portion thereof within an attached dwelling shall be located above or below another dwelling unit, and each dwelling unit shall have its primary access to the outside on the ground floor.

Dwelling, detached single-family shall mean a free-standing building containing one single-family dwelling, but not including manufactured homes or other trailers.

Dwelling, duplex shall mean a building containing two single-family dwellings where one dwelling unit is joined with the other dwelling unit on one side by a common wall. No dwelling unit or portion thereof within a duplex dwelling shall be located above or below another swelling unit. Each dwelling unit shall have an exterior located on the ground floor.

Dwelling, efficiency shall mean an attached single-family dwelling consisting of not more than one habitable room together with cooking and sanitary facilities.

Dwelling, farm shall mean a detached single-family dwelling located on land used primarily for agricultural purposes, which is used or intended for use by the person engaged in the agricultural use of the subject property.

Dwelling, multiple-family shall mean a building, or portion thereof, consisting of three or more single-family dwellings with varying arrangements of entrances and party walls and one or more of the dwelling units do not occupy the ground, including but not limited to the following: "apartment," "condominium," "cooperative," "manor home," "coach house," "three-flat," and "six-flat."

Dwelling, rooming house shall mean a building or a portion thereof utilized as a dwelling unit which is the primary residence of the owner and which contains lodging rooms for occupancy at a monthly rate of compensation by permanent residents who are not related to the owner. A rooming house maintains a common household, including one shared kitchen. Rooming house dwellings include boarding houses and lodging houses, but exclude residential care facilities.

Dwelling, two-family shall mean a building consisting of two single-family dwellings where one dwelling unit is located on the first floor and the second dwelling unit is located on the second floor and each dwelling may or may not have a separate exterior entrance.

Dwelling unit shall mean one or more rooms, including at least one complete permanently installed bathroom and not more than one complete kitchen facility, arranged, designed, or used as living quarters. Each dwelling unit shall have an independent entrance, cooking, sleeping and sanitary facilities.

Easement shall mean a grant by a property owner for the use of a strip or parcel of his land by the general public, a corporation, or a certain person(s) for a specific purpose(s).

Eave shall mean the projecting lower edges of a roof, overhanging the wall of a building.

Evergreen shall mean plants which continuously retain leaves or needles over four seasons of the year.

Extended care facility shall mean an institution or a distinct part of an institution which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients.

Extraction, mining and quarrying shall mean the commercial removal from the ground of natural materials such as rock, stone, minerals, sand, gravel, and aggregate, as well as the processing and shipping of such materials.

Facade shall refer to matters of spatial definition and shall mean the vertical surface of a building set along a frontage line. Facades are subject to visual definition by building height, setback lines, recess lines, and transition lines.

Factory built housing shall mean a structure designed for long-term residential use that is wholly, or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site.

Fairgrounds shall mean a public or private facility open to the public during certain periods and on which permitted activities may include, but are not limited to: livestock exhibition; art, crafts and other material exhibits; equestrian activities; temporary sales of goods, services and miscellaneous concessions; and dwellings for watchmen or caretakers.

Family shall mean excepting domestic servants, any number of persons related by blood or marriage, or adoption not to exceed five persons not so related, using common cooking facilities and living and eating together on the premises as a single housekeeping unit.

Farm shall mean any real property under common ownership used for commercial agricultural purposes.

Fence shall mean any artificially constructed barrier, other than a building, of any material or combination of materials more or less permanently affixed to the ground and erected to close or screen areas of land.

Festoon lighting shall mean a group of two or more incandescent light bulbs hung or strung overhead, or on a building or structure, which are exposed to persons on a public right-of-way, or which are not shaded or hooded to prevent the direct rays of light from being visible from the property line.

Fill shall mean an act by which earth, sand, gravel, rock or any material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.

Floodplain shall mean the land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Flood plains may also include detached special flood hazard areas, ponding areas, etc. The flood plain is also known as the special flood hazard area (SFHA). The flood plains are those lands within the jurisdiction of the county that are subject to inundation by the base flood or 100-year frequency flood.

Floodway shall mean the channel or watercourse and those portions of the adjoining floodplains that are required to store and convey the 100-year flood with no significant increase in the base flood elevation.

Food store shall mean an establishment where the principal use is the retail sale of food, including meats, produce, bakery and dry goods, and may include accessory preparation of food for consumption on or off the premises.

Forecourt shall mean a building frontage type where the building facade is set back and is replaced with a low wall at the frontage line.

Fraternal organization shall mean a group of individuals formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings and formal written membership requirements.

Front lawn shall mean a building frontage type where the building facade is set back substantially from the frontage line and is uninterrupted by fences, porches and other structures.

Frontage shall mean the length of any one property line of a premises, which property line abuts a street.

Game breeding and hunting preserve shall mean land or land and structures, where game is propagated, preserved, and hunted.

Game refuge Shall mean an area of land set aside and maintained for the preservation and protection of one or more species of animal.

Garage, community shall mean a building or portion thereof, other than a public or private garage, providing storage for motor vehicles but no other services, such garage to be in lieu of private garages within a block or portion of a block.

Garage, private shall mean a building, or an accessory portion of the principal building, for the private use of the owner or occupant of the principal building, designed or used for the storage and shelter of motor vehicles, with no facilities for mechanical service or repair of a retail nature.

Garage, public shall mean a building or portion thereof, other than a private garage, designed or used for the care, storage, of motor vehicles, or where such vehicles are kept for remuneration, hire or sale.

Garden center shall mean a place of business where plants, nursery products, fertilizers, potting soil, garden tools and utensils are sold to the customer. The sales and storage of the merchandise is permitted in any open area that must be attached to the building and fenced.

Gasoline station. See "automobile service station."

Golf, miniature shall mean a commercial recreation facility, resembling golf, containing short "holes," the majority of which are under 100 feet in length, and primarily utilizing putting irons.

Government building shall mean any building, land area, or other premises, or a portion thereof, owned or used by a governmental entity with taxing authority under the State of Illinois, including, but not limited to: county, township, municipal, State and federal buildings, structures and properties; fire stations and police/sheriff buildings.

Ground covers shall mean woody or non-woody plants with a maintained or unmaintained average mature height less than 12 inches.

Gross buildable area shall mean the total area of the property minus wetlands, the 100-year floodplain, as shown on FEMA maps, land within the required right-of-way of an existing roadway, and land under an existing permanent easement prohibiting future development (including electrical power lines, fiber-optic lines, and pipelines).

Group home shall mean a dwelling for six or more persons not related by blood, marriage or adoption who live together as a single housekeeping unit, and which contains common cooking facilities and common living and eating areas. Group homes include, but are not limited to, convents, residences for disabled persons, orphanages and monasteries. Group homes do not include residences that serve as an alternative to incarceration for persons convicted of criminal offenses, or residences for persons whose primary reason for placement therein is the treatment of a communicable disease.

Gun club shall mean a facility used for target shooting, trap or skeet, including rifle and pistol clubs.

Gymnasium shall mean a building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

Halfway house shall mean a home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, 11 of whom live together as a single housekeeping unit.

Health club shall mean a facility designed for the major purpose of physical conditioning and fitness or weight reduction which includes, but is not limited to such equipment as free weights, weight resistance machines, cardiovascular machines, whirl pools, saunas, showers, lockers, swimming pools, or basketball and racquet courts. This shall not include municipal owned recreation buildings.

Health and welfare facility shall mean a facility specializing in medical treatment, physical therapy (alcohol and drug treatment), assisted living for all ages, retirement communities, and shelters.

Hearing officer/alternate hearing officer shall mean the duly appointed hearing officer/alternate hearing officer of the county.

Height (for landscaping) shall mean reference to the total finished height of a structure or general mature height of plant materials installed above the adjacent elevation of soil or paving. Specified height of a screening may be provided by a berm, combination of a berm and planting, or a structure unless otherwise specified herein.

Height of structures shall mean the vertical distance from the average ground level abutting a structure other than a building to the highest point of any permanent part of the structure.

Heliport shall mean a facility for the servicing, take-off, and landing of helicopters.

Home improvement center shall mean an establishment where home improvement materials, including but not limited to, kitchen and bathroom accessories and fixtures, wall coverings, window coverings, heating and air conditioning, plumbing and electrical supplies, painting and decorating material, tools and residential construction and remodeling materials and supplies are sold for retail. Outdoor storage of building materials may be provided but shall be accessory to the principal use and structure, and only as permitted by the district in which it is located.

Home occupation shall mean a house-based business activity carried on by members of a family residing on the premises, which conforms to all the provisions in section 5.08 of this Zoning Ordinance.

Hospice shall mean a home, apartment building, or similar building providing living quarters:

(1)

That is owned or operated by a person licensed to operate as a full hospice; and

(2)

At which hospice services are provided to facility residents.

A building that is licensed under the Hospital Licensing Act or the Nursing Home Care Act is not a hospice residence.

Hospice services shall mean palliative and supportive care provided to a hospice patient and his/her family to meet the special need arising out of the physical, emotional, spiritual and social stresses which are experienced during the final stages of illness and during dying and bereavement.

Hospital shall mean an institution consisting of one or more buildings primarily devoted to the diagnosis, prevention and treatment of illness, disease, injury, deformity or other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, pharmacies, out-patient facilities or training facilities.

Hotel/motel shall mean a building designed for transient occupancy containing lodging rooms or suites accessible from a common interior hall or entrance, providing living, sleeping and sanitary facilities. A central kitchen, meeting rooms, dining room and recreation room are generally provided.

Junk yard shall mean an open area of land and any accessory building or structure thereon which is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials, including vehicles, machinery, and equipment not in operable condition or parts thereof, and other metals, paper, plastics, rags, rubber tires, and bottles. Two or more inoperable or unlicensed motor vehicles stored on a zoning lot shall be considered a junkyard. A "junkyard" includes a motor vehicle wrecking yard, but does not include an establishment located in the applicable manufacturing district engaged exclusively in processing of scrap iron or other metals to be sold only to establishments engaged in manufacturing of steel or metal alloys.

Kennel shall mean any lot or premises, or portion thereof, whether public or private, on which more than five dogs, five cats, or five other household domestic animals over six months of age are kept or on which more than two such animals are maintained, boarded, bred, or cared for in return for remunerations or are kept for the purpose of sale.

Laboratory shall mean a building, or portion thereof, in which scientific research, investigation, testing, analyzing, or experimentation is conducted on a regular basis but not devoted to the manufacturing of a product or products.

Landscaping business shall mean a commercial operation, along with its associated vehicles, equipment and materials, which designs, installs and maintains landscapes on public and private properties.

Laundromat shall mean a business that provides washing, drying or ironing machines or professional type cleaning or pressing equipment for hire to be used by customers on the premises.

Legal non-conforming use, building or setback shall mean a use, building or setback existing legally at the time of the passage of this ordinance, or any amendment thereto, which does not, by reason of design, use, or dimensions, conform to the regulations of the district in which it is situated.

Liquor store shall mean a place of business selling beer, wine and/or distilled liquors at retail, to the general public in sealed bottles or containers for consumption or use away from the premises where said establishment is located.

Loading space shall mean a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.

Lot. See "lot, zoning."

Lots

Lot area shall mean the area of a horizontal plane bounded by the front, side and rear lot lines. For lots that are within a platted subdivision that has been recorded in the county recorder's office, calculation of the required minimum lot area shall not include street right-of-way, whether dedicated to the public or a private street or easement for street purposes.

Lot, corner shall mean a lot of which at least two adjacent sides abut for their full length upon streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot coverage shall mean the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and include all projections other than open porches, fire escapes, or the first three feet of a roof over-hang. Roads, driveways, parking lots and swimming pools shall not be included in the maximum lot coverage requirement. The percent of lot coverage shall be computed as follows:

		Square feet of
		ground coverage
		of all principal
Percent of		and accessory
lot coverage	=	buildings	Multiplied by 100
		Divided by total
		square feet of
		lot area

 

Lot Coverage

Lot depth shall mean the distance between the midpoints of the front lot line and the midpoint of the rear lot line.

Lot Depth

Lot, double frontage shall mean a lot which borders two more or less parallel streets (also called a "through lot").

Lot, flag shall mean a lot with access provided to the bulk of the lot by a narrow corridor of property and the narrow corridor frontage is the only public street frontage.

Lot, gateway shall mean a lot which has its front, rear and one side yard bordering on a street.

Lot, interior shall mean a lot which has only its front yard bordering on a street.

Lot lines shall mean the lines bounding a lot as defined herein.

Lot Lines

Lot line, front shall mean a street right-of-way forming a boundary of a lot. On a corner lot, the shortest line adjacent to a street right-of-way shall be the front lot line.

Lot line, rear shall mean a lot line which is opposite and most nearly parallel to the front lot-line; in the case of irregular lot lines, triangular or gore-shaped lots, a lie ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Rear Lot Line

Lot of record shall mean a lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds, or a legally created parcel of land, the deed to which is recorded in the office of said county recorder.

Lot line, corner side shall mean the longer of two intersecting street rights-of-way forming the boundaries of a single lot.

Lot line, side shall mean any lot boundary line not a front or rear lot line.

Lot width shall mean the horizontal distance between the side lot lines of a lot, measured within the lot boundary along the front building line.

Lot Width

Lot, zoning shall mean all contiguous land under single ownership, located wholly within the boundaries of the county and on one side of a street, that meets or exceeds all of the applicable requirements of the zoning district in which it is located and is intended to be separately owned, developed or otherwise used as a unit. A zoning lot may consist of one or more lots of record and may or may not coincide with a lot of record.

Lounge. See "cocktail lounge."

Low growing shrubs shall mean a woody shrub with a maintained or un-maintained average mature height of three feet or less.

Lumber yard shall mean an establishment where the principal activity is the retail and wholesale sale of wood products and generally involving outdoor storage of building materials and supplies.

Mall, retail shall mean an enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians, with trees, benches, or other furnishings provided and with vehicular access prohibited, restricted, or reduced so as to emphasize pedestrian use.

Manufacture shall mean an economic activity engaged in the mechanical or chemical transformation of materials or substances, including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins or liquors, into new products.

Manufactured home shall mean a factory-built residence that is manufactured or constructed under the authority of 42 United States Code section 5401 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.

Manufactured home park shall mean any parcel of land consisting of three or more acres upon which two or more manufactured homes, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation. A manufactured home space means the area within a manufactured home park designed for the accommodation of one manufactured home. Manufactured home sites approved as special uses for agricultural labor housing are not considered manufactured home parks.

Manufacturing shall mean 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.

Material improvement shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the replacement value of the structure either:

(1)

Before the improvement or repair has started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition "material improvements" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Mini-mart. See "convenience store."

Mobile home shall mean a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Modular home shall mean factory-built housing certified as meeting the state building code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes.

Motel. See "hotel."

Nightclub shall mean an establishment where alcoholic beverages are served for consumption on the premises and live entertainment is provided. The establishment may provide for dancing and a menu for prepared food items during hours of operation.

Nonagricultural vehicle shall mean a vehicle not primarily or directly used in or for the pursuit of agricultural activities as defined herein.

Nursery, plant shall mean a farm, garden, or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and wholesale sales of live vegetation.

Nursery school. See "day care center."

Nursing home shall mean an extended or intermediate care facility licensed by the state or approved to provide full-time convalescent or chronic care to individuals who by reasons of advanced age, chronic illness or infirmity are unable to care for themselves.

Office shall mean a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Open storage shall mean storage of material or goods on the ground or platforms outside of a building.

Overlay district shall mean a set of regulations that add an additional layer of design provisions to an underlying zoning district.

Parcel (tract) of land shall mean a piece of land delineated by identifiable, legally recorded boundary lines, which may or may not be a lot of record and may or may not constitute a zoning lot.

Park shall mean an area open to the general public and reserved for recreational, educational or scenic purposes.

Parking area shall mean an area of land used or intended for off-street parking of motor vehicles.

Parking space shall mean a useable space, durably paved and properly graded for drainage, enclosed in a main building or in an accessory building, or unenclosed, which is reserved for the temporary storage of one vehicle, and connected to a street, alley, or other designated roadway by a paved aisle or driveway.

Pave (pavement) shall mean the act or result of applying a hard, all-weather water-tight material to any ground surface in such manner as to present a uniform surface over large areas in accordance with county standards.

Patio shall mean a level, unenclosed surfaced area located at grade and usually directly adjoining or attached to a building.

Person shall mean an individual, corporation, partnership, or any other group acting as a single unit.

Planning and zoning committee shall mean the planning and zoning committee of the county board of DeKalb County.

Planning director shall mean the duly appointed planning director of the county.

Plat shall mean a subdivision of land legally approved by the plat officer and recorded with the recorder of deeds.

Plat officer shall mean the plat officer of the county. The planning director shall be the plat officer, and shall be responsible for signing plats related to divisions of land.

Porch shall mean a roofed platform projecting from the wall of a building and having direct access to or from the building to which it is attached. A porch has no solid walls other than the wall of the building to which it is attached. A porch may be enclosed with a mesh screen to keep out unwanted insects, but is otherwise exposed to the elements throughout the year.

Property owner shall mean any person, agent, operator, firm or corporation having a legal or equitable interest in a parcel of land; or recorded in the official records of the state, the county, or a municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor of administrator of the estate of such person if ordered to take possession of real property by a court.

Property owners association shall mean a private, not-for-profit corporation of property owners that operates and maintains various common properties in a subdivision or development.

Pub. See "tavern."

Public use areas shall mean public parks, playgrounds, recreational areas, designated scenic or historic sites; school sites or sites for other public buildings, and other areas dedicated to public use.

Public utility facility, local shall mean a public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.

Queuing space shall mean the reservoir space occupied by any number of cars that must be accommodated while awaiting ingress or egress to specified business or service establishments.

Recreational camp shall mean a facility with permanent housing facilities (i.e., cabins) or with pads or electric and water hookups for recreational vehicles or tents.

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

(1)

Boats — meaning any vessel used for water travel, a boat mounted on a trailer shall be considered one vehicle;

(2)

Camping trailers — meaning a folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use;

(3)

Motor homes — meaning a temporary dwelling designed and constructed for travel, camping, recreational or vacation use as an integral part of a self-propelled vehicle;

(4)

Off-road vehicles — meaning vehicles intended primarily for recreational use off of roads where state vehicle licenses are required, e.g. dune buggy, go-cart, snow mobile;

(5)

Racing car/cycles — meaning vehicles intended to be used in racing competition, such as a race car or racing cycle, a racing car/cycle mounted on a trailer shall be considered one vehicle;

(6)

Travel trailers — meaning vehicles without its own motive power, designed to be used as a temporary dwelling for travel, camping, recreational or vacation uses;

(7)

Truck campers — meaning a structure designed primarily to be mounted on a pick-up truck or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational or vacation uses, when mounted on a truck, such structure shall be considered one vehicle;

(8)

Vans — meaning noncommercial motor vehicles licensed by the state as a recreational vehicle; and

(9)

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

Recycling center shall mean a facility, that is not a junkyard, in which recoverable resources from used materials and products are purchased, collected, processed to a condition for reuse, or temporarily stored prior to sale to others who will use the recovered resources to manufacture new products.

Recycling collection center shall mean a building or a portion thereof in which recoverable resources from used products and materials are collected and temporarily stored prior to delivery or sale to others who will process the recoverable resources.

Remodel, remodeling shall mean to remake, redecorate the interior or exterior of a structure without making structural alterations.

Renovation shall mean to restore to an earlier condition.

Repair facility, motor vehicle. See "automobile repair."

Research facility shall mean a building or group of buildings which contain facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products.

Residence. See "dwelling."

Restaurant shall mean any building or part thereof where a menu of food items are cooked and prepared for compensation, for the general public for immediate consumption on and/or off the premises, including any part of such building or part thereof which may be used for dining by the general public. The retail sale of beer, wine and other alcoholic beverages for consumption on the premises and dancing may be provided on the premises. Reheating of already prepared food by microwave and/or the selling of already prepared food for consumption off premises does not constitute a restaurant.

Rest home. See "convalescent home."

Right-of-way, public shall mean the land opened, reserved, or dedicated for a street, sewer, water, walk, drainage course, or other public purpose.

Roadside stand shall mean a structure for the display and sale of agricultural products, with no space for customers within the structure.

Roadway shall mean the entire area within public or private vehicular easement or right-of-way lines, whether improved or unimproved.

Sanitarium. See "hospital."

Sanitary landfill shall mean a facility permitted by the state environmental protection agency for the disposal of waste, on land meeting the requirements of the Resource Conservation and Recovery Act, and regulations thereunder. Such facility shall operate in such a manner as to minimize nuisances or hazards to the public health, safety, and welfare by confining the refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or by such other methods and at such intervals as the county board may provide by regulation.

Satellite station shall mean any disc antenna with an essentially solid surface, whether flat, concave, or parabolic which is designed for receiving television, radio or data electromagnetic or microwave signals from satellites or other satellite stations.

School, commercial shall mean 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.

School, private shall mean an institution conducting regular academic instruction at kindergarten, elementary, junior high and senior high school levels, operated by non-governmental organizations, which programs are accepted by the state in lieu of public instruction. This shall not include private commercial schools.

School, public shall mean a public institution conducting regular academic instruction at the kindergarten, elementary, junior high and senior high school levels equivalent to the standards prescribed by the School Code of Illinois.

Screen shall mean a structure or planting composed of sufficient material to obstruct vision beyond the screen. Generally, but not always, a screen is intended to provide in excess of 90 percent opaque obstruction to vision during all seasons of the year.

Self-service storage facility shall mean a building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customer's goods or wares, excluding outside storage.

Septic system shall mean an underground system with a septic tank used for the discharge of domestic sewage waste.

Service station. See "automobile service station."

Setback shall mean the horizontal distance between any a lot line and the closest point of a structure.

Setback, minimum front shall mean the minimum required horizontal distance between a front lot line and the closest point of any structure, that establishes the area within which structures may not be erected or placed, except as may be permitted elsewhere in this ordinance.

Setback, minimum rear shall mean the minimum required horizontal distance between a rear lot line and the closest point of the rear of any structure, that establishes the area within which structures may not be erected or placed, except as may be permitted elsewhere in this ordinance.

Setback, minimum side shall mean the minimum required distance between any side lot line and the closest point of the side of any structure, that establishes the area within which a structure cannot be erected or placed, except as may be permitted elsewhere in this ordinance.

Shade tree shall mean a large tree of standard growth habit with an average mature height in excess of 20 feet. The main purpose of this type of tree in landscape designs is to provide shade and scale against buildings.

Shop front shall mean a building frontage type where the building facade is aligned directly on the frontage line with the building entrance at grade.

Shopping center shall mean a group of more than five business establishments planned, developed and managed as a unit, located on the same lot with off-street parking provided on the property.

Shrub shall mean a branched woody plant with an unmaintained average mature height less than eight feet.

Sign. See article 7 of this ordinance.

Sight triangle shall mean a triangular area established on private property at the intersection of two streets or a street and a driveway in which nothing shall be erected, planted, or allowed to grow so as to limit or obstruct the sight distance of motorists and pedestrians.

Site plan shall mean a plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations of this ordinance, which may include, but not limited to, lot lines, streets, existing and proposed buildings and structures, ingress and egress, water distribution and sanitary sewer facilities, reserved open spaces, major landscape features (both natural and man-made) and easements.

Special use shall mean a use that would not be appropriate generally or without restriction throughout the zoning district but which if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, propriety, or general welfare. Such uses may be permitted in such zoning districts as special uses, if specific provisions for such special use are made in this zoning ordinance.

Stable, private shall mean a structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling, but in no event for hire.

Stable, public shall mean a building where horses are kept for remuneration, hire or sale. A public stable may also provide horse riding lessons if approved as part of a special use permit for a public stable.

Stoop shall mean a building frontage type where the building facade is aligned directly on the frontage line with the ground floor elevated to provide secure privacy at the windows.

Story shall mean that portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above.

Street shall mean a general term denoting a public right-of-way or a publicly maintained or approved private thoroughfare that affords the principal means of vehicular access to abutting property. The term includes all facilities that normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court or other such terms but shall not include pedestrian way, alley, or private or common driveway.

Street tree shall mean a tree of standard growth habit acceptable to the county for installing within the public right-of-way.

Street orientation shall mean the direction of the architectural front facade of a building in relation to the street.

Structural alteration shall mean any change or modification, other than incidental repairs or which are required by provisions of this ordinance, which would prolong the life of the supporting member of a structure such as bearing walls, columns, beams, girders or foundations.

Structure shall mean any improvement of man-made materials erected on land, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground, including, but not limited to, buildings, fences, towers, antennae, freestanding signs, decks and swimming pools.

Structure, primary. See "building, primary."

Substantial construction, development or work shall mean:

(1)

In a project involving structures, the completion of excavation for footings and foundations.

(2)

In a project involving no structures or insignificant structures, the completion of grading.

(3)

In a subdivision, the completion of roads and storm sewers.

Swimming pool shall mean a structure designed to hold water and maintain a water depth of 24 inches or more, but not including hot tubs or wading pools.

Tavern shall mean an establishment for the retail sale of beer, wine and other alcoholic beverages for consumption on the premises and providing a menu of food items prepared during all hours of operation. The incidental sale of packaged liquor may be provided during the hours of operation.

Terminal, bus or train shall mean a building or area specifically designated for the assembly and boarding and unboarding of passengers to/from a train or bus.

Terminal, motor freight shall mean a building or an area in which freight brought by truck is assembled and/or temporarily stored for routing or reshipment, or in which semi-trailers, including tractor and/or trailer units and other trucks, are parked or stored.

Terrace shall mean a landscape treatment of mounded earth, rock wall, railroad tie wall or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface.

Tract. See "lot, zoning."

Trailer shall mean any structure built on a chassis for licensing by the secretary of state as a trailer and designed for general hauling or recreational purposes.

Tree survey shall mean a scaled drawing accurately locating and indicating the size, condition and specie (common and botanical names) of all trees having a caliper of four inches or larger, and the location of any buildings, parking areas, sidewalks and streets on a parcel of property.

Use shall mean the purpose or purposes for which land, buildings or structures is (are) designed or arranged and for which they are occupied or maintained.

Use, conforming shall mean any use of land, buildings or structures which conforms with the list of permitted uses of the zoning district in which the land, building or structure is located, or which is governed by an active special use permit authorized by the county board. If the use is a permitted use but does not conform with the intensity of use regulations of the district in which it is situated, then the use shall not be deemed to be a conforming use.

Use, nonconforming shall mean any building or structure or use of any building or structure or land which is not included in the list of permitted uses in the zoning district in which such land, building or structure is located and is not governed by an active special use permit approved by the county board.

Variation shall mean a modification or waiver of the application of one or more specific regulations in this ordinance in specific cases where unique circumstances and practical difficulties or particular hardships would result from following the strict letter of the Ordinance, provided the granting of a waiver of the regulation(s) in question would not change the character of or dominate the general area. Such a modification or waiver shall apply only to the bulk regulations (i.e. minimum setback, maximum height, lot width, lot coverage, etc.) of each zoning district. Variations from minimum lot area or to permit a use not included in the list of permitted or special uses in each zoning district, or to alter the definitions or administrative requirements set forth in this ordinance, shall not be granted.

Vehicle, inoperable shall mean any motor vehicle from which, for a period of at least 14 days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own power. "Inoperable motor vehicle" shall not include a motor vehicle that has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations. Neither shall "inoperable motor vehicle" include any vehicle kept within a building when not in use, to operable historic vehicles over 25 years of age, or to any vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.

Veterinary clinic. See "animal hospital."

Wall, common shall mean an interior wall that separates and distinguishes two or more uses located in the same building or structure. A common wall extends from floor to ceiling and from exterior wall to exterior wall, and conforms to the fire resistance requirements of the county's building code.

Warehouse shall mean a structure, or part thereof, or area used principally for the storage of goods, materials or merchandise.

Warehouse and distribution center shall mean a building used in the storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Wholesale establishment shall mean a business establishment principally engaged in selling to retailers or distributors rather than consumers.

Wind energy system, small shall mean a wind energy system consisting of a small wind electric turbine, a small wind tower, and associated equipment and housing for the control or conversion of electronics, which has a rate capacity of not more than 100 kW and which is intended to primarily reduce consumption of utility power. The energy produced by a small wind energy system is for use of the resident of the property on which said system is located; excess power generation is limited to net metering regulations set by the local power utility, community, county and state

Wind energy turbine, small shall mean a mechanical device, part of which is turned by the force the wind and produces electricity. The maximum amount of energy capacity of a small wind energy turbine shall not be more than 100 kW.

Wind tower, small shall mean a tower specifically built to hold a small wind energy turbine. Such towers shall be less than 100 feet in height.

Wrecking yard. See "junkyard."

Yard shall mean an open space on a lot at grade between a structure and an adjoining lot line, which is unoccupied and unobstructed by any portion of a structure from the ground to the sky, except for permitted obstructions as set forth in this ordinance. The width or depth of a yard shall be determined by the least horizontal distance between the lot line and the closest point of a primary structure.

Yard, corner side shall mean a yard extending the full length of a corner side lot line and back to a line drawn parallel to the corner side lot line at a distance equal to the required corner side yard depth, but excluding any area encompassed within a required front yard.

Yard, front shall mean a yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance equal to the required front yard depth.

Yard, rear shall mean a yard extending along the full length of a rear lot line, and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the required rear yard depth, but excluding any area encompassed within a required corner side yard.

Yard, side shall mean a yard extending along the full length of a side lot line and back to a line drawn parallel to the side lot line at a distance equal to the required side yard depth, but excluding any area encompassed within a required front yard or rear yard.

Yard, transition shall mean the required front, side, corner side or rear yard on a lot in a commercial or industrial district and an adjoining residential district, or the required front, side, corner side or rear yard for a non-residential use and adjoining residential uses in a residential district, except when such yard is adjacent a railroad right-of-way, alley or street.

Zone. See "district, zoning."

Zoning administrator shall mean the planning director or other individual designated by the county board to enforce this ordinance, or his or her designee.

Zoning ordinance shall mean this ordinance.

(Ord. No. 2007-18, § 2, 11-21-07; Ord. No. 2011-10, § 2(Exh. A), 9-21-11; Ord. No. 2013-17, § 2, 12-18-13)