2.0 DEFINITIONS

 


 

ZONING ORDINANCE - 2.0 DEFINITIONS

2.0 - APPLICABILITY

In the construction of this Ordinance and any subsequent amendment, the rules and definitions contained in this Article shall be observed and applied, except when the context clearly indicates otherwise:

 

2.1 - RULES

2.1.1 - Words used in the present tense shall include the future tense.

2.1.2 - Words used in the singular number shall include the plural number and the plural number shall include the singular number.

2.1.3 - The words "shall" and "will" are mandatory and are not discretionary.

2.1.4 - The word "may" is permissive.

2.1.5 - The word "lot" shall include the words "place" and "parcel."

2.1.6 - The word "building" shall include the word "structure" and shall include all other improvements of every kind, regardless of similarity to buildings.

2.1.7. - The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

2.1.8 - The word "person" shall include the words "individual," "corporation," "governmental agency," "trust," "estate," "partnership," "association," "ventures," "joint ventures," or any other legal activity.

2.1.9 - The masculine gender includes the feminine and neuter.

2.1.10 - All measured distances shall be expressed in feet and shall be to the nearest foot. If a fraction of one-half (1/2) foot or less, the next full number below shall be used. If a fraction of more than one-half (1/2) foot, the next full number above shall be used.

2.1.11 - Unless otherwise specified, all distances shall be measured horizontally.

2.1.12 - Word and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined herein shall be defined as in Webster's New Collegiate Dictionary - 1979 edition.

 

2.2 - DEFINITIONS

ABUTTING
Lying immediately next to, sharing a common wall or lot line, or separated only by a public roadway.
 
ACCESSORY BUILDING, STRUCTURE OR USE
An “accessory building,” “accessory structure,” or an “accessory use” is one which:
a.         Is subordinate to and serves a principal building or principal use;
b.         Is subordinate in area, extent or purpose to the principal use served;
c.         Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served;
d.         Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served; and
e.         Complies with the provisions of Article 8, Section 8.5.
 
ADJACENT
To lie near, close to, or in the immediate vicinity of.
 
ADULT ARCADE*
Any area of a commercial establishment containing individual booths set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play or otherwise demonstrate any adult materials or to view adult services.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
ADULT BOOKSTORE, ADULT VIDEO STORE OR ADULT NOVELTY STORE*
A commercial establishment which devotes more than twenty-five percent (25%) of its total display area to adult materials.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
ADULT CABARET*
A commercial establishment where any adult service is provided to patrons in the regular course of business and as one of the principal business purposes of the establishment, and includes, but is not limited to, a nude model studio as defined in this chapter.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
ADULT MATERIAL*
Any of the following, whether new or used:
a.         Books, magazines, periodicals, or other printed matter, or digitally-stored material, films,     motion pictures, video or audio cassettes, slides, computer displays, or other visual            representations 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.
b.         Instruments, novelties, devices, or paraphernalia that are designed for use in connection      with specified sexual activities, or that depict or describe specified anatomical areas,     excluding condoms and other birth control and disease prevention products.
(*Amended August 7, 2006, Ord. No. 2006-63)

 
ADULT MOTEL*
A hotel, motel or similar commercial establishment that:
a.         Provides patrons with closed-circuit television transmissions, films, motion pictures, video  cassettes, slides or other photographic reproductions that depict or describe "specified         sexual activities" or "specified anatomical areas" as one of its principal business          purposes;
b.         Offers a sleeping room for a period of time that is less than ten hours; or
c.        Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time      that is less than ten hours.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
ADULT-ORIENTED BUSINESS*
An adult arcade, adult bookstore, adult video store, adult novelty store, adult cabaret, adult theater/video facility, lingerie modeling business, nude modeling studio, escort service, adult motel, or other sexually-oriented establishment or any combination of the foregoing.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
ADULT SERVICE*
a.         A live dance, performance or other activity, including, but not limited to, modeling, posing,  wrestling, singing, reading, talking or listening conducted for any consideration in an adult       cabaret by a person who is nude or semi-nude during all or part of the time that the         person is providing the service.
b.         Live performances 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.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
 
ADULT THEATER/VIDEO FACILITY*
A commercial establishment where, for any consideration, the public is permitted or invited wherein films, motion pictures, video cassette projections, slides, photographs or other visual media predominantly characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown electronically, electrically, mechanically or by other means for viewing by more than one person in the regular course of business and as a business purpose of the establishment.
(*Amended August 7, 2006, Ord. No. 2006-63)

 
ADVERTISING STRUCTURE
Any structure which includes as part hereof, any sign as herein defined.
 
 
AGRICULTURE
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Included are truck-farming, growing of nursery stock, raising of fruit and berries, bee-keeping and the retail sale of products grown or raised on the premises through one growing season.
 
“Agriculture” shall not include the commercial feeding of garbage or offal to swine or other animals or operating for the disposal of garbage, sewerage, rubbish or offal. Also, excluded from agriculture are mechanized industrial animal farms, commercially operated greenhouses, commercial milk farms and commercial dog kennels.

 
AGRICULTURAL BUILDING OR STRUCTURE
For the purposes of this Ordinance, an “agricultural building or structure” shall imply any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.
 
 
AIRPORT
Any area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxi ways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
 

ALLEY
A public right-of-way which normally affords a secondary means of access to abutting property. An alley shall not be considered a street. Further, frontage on an alley shall not be construed as satisfying the requirements related to frontage on a dedicated street.
 

ALTERATION
Any change in size, shape, occupancy, or use of a building, lot or structure.
 

*AMBIENT SOUND LEVEL
The all-encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this ordinance, the “ambient sound level” shall mean the quiescent background level, that is, the quietest of ten 10-second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs, cars in line-of-sight, or jets). Daytime ambient measurements should be made during mid-morning, weekday hours while nighttime measurements should be made after midnight. (*Amended November 1, 2010, per Ord. 2010-96)
 

ANIMAL HOSPITAL
Any structure where animals or pets are given medical or surgical treatment. Use as a kennel, or for other boarding purposes, shall be limited to short-time and fully enclosed boarding and shall only be incidental to such hospital use. Also a Veterinary Clinic.
 

APARTMENT
One (1) or more rooms in a multiple-family dwelling arranged, intended or designed as living quarters for an individual, group of individuals, or a family.

 
*AREA, FRONT
The area of a lot lying between the boundary of the predominant front building elevation of the principal structure and the front lot line, extended across the full width of the lot, unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such area of a lot as allowed elsewhere in the Zoning Ordinance. An illustration of the front area for explanatory, but not limiting, purposes is provided below. (*Amended November 1, 2010, per Ord. 2010-96)
 

*AREA, CORNER SIDE
The area of a lot lying between the boundary of the corner side building elevation of the principal structure and the corner side lot line, unobstructed from the ground upward and unoccupied except by specific uses and structures allowed in such area of a lot as allowed elsewhere in the Zoning Ordinance. An illustration of the corner side area for explanatory, but not limiting, purposes is provided here. (*Amended November 1, 2010, per Ord. 2010-96)
 

AUTOMOBILE LAUNDRY (CAR WASH)
A building, or potion thereof, containing facilities for washing more than one (1) automobile at any one (1) time, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.

 
AUTOMOBILE REPAIR GARAGE
An “automobile repair garage” is any building or premises whose primary use is for the general repair, engine rebuilding or reconditioning of motor vehicles, collision service such as body, frame and fender straightening and repair and painting of motor vehicles.
 

AUTOMOBILE SERVICE STATION
An “automobile service station” is any building or premises whose primary use if for the dispensing or sale at retail to the public of automobile fuels, lubricating oil or grease, tires, batteries and other minor automobile accessories. Services offered may include the installation of tires, batteries and minor automobile accessories, minor automobile repairs and greasing or washing of individual automobiles, but do not include major automobile repairs. See Automobile Repair Garage.

 
AWNING
A roof-like cover, temporary in nature, which projects from the wall of a building or other structure.
 

BASEMENT
That portion of a building at or having more than one-half (1/2) of its height below the established curb level, or above the mean elevation of the centerline of the lot when no curb level has been established.
 

BLOCK
A tract of land bounded by streets, or a combination of streets and public parks, golf courses, cemeteries, railroad rights-of-way, shorelines of waterways, or municipal boundary lines.
 

*BODY PIERCING
The act of penetrating the skin to make, generally permanent in nature, a hole, mark, or scar. Body piercing does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.
(*Amended August 21, 2006, Ord. No. 2006-73)
 

BORROW PIT
Any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.
 
 
BUILDING
Any structure built for the enclosure, protection, shelter, or support of persons, animals or property of any kind and which is permanently affixed to the ground. The term “building” shall not include fences.
 

BUILDING CODE
The Building Code of the Village of Gurnee as specified in the Gurnee Municipal Code.
 
 
BUILDING, COMPLETELY ENCLOSED
Any building separated on all sides from adjacent open space, or from other buildings, by a permanent roof and by exterior walls or party walls pierced only by windows and normal entrance or exit doors.
 

BUILDING, DETACHED
A building surrounded by an open space on the same lot.
 

BUILDING HEIGHT
The vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the top or the highest roof beams, in the case of a flat roof; to the deck line of a mansard roof; and to mean level of the highest gable or slope of a gable, hip or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the center line of the street fronting the lot.
 

*BUILDING MOUNTED WIND ENERGY SYSTEMS (BWES)
A Wind Energy System that utilizes a monopole to structurally attach onto the roof of a building or to the side of a building. A BWES system may have a Horizontal Axis or Vertical Axis Wind Turbine system attached to generate the power. (*Amended November 1, 2010, per Ord. No. 2010-96)

 
BUILDING, RESIDENTIAL
Any building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types:
a.         Single-family detached dwellings.
b.         Two-Family dwellings.
c.         Townhouse dwellings.
d.         Multiple-family dwellings.
 

BUILDING, NON-RESIDENTIAL*
Any building other than a residential building as defined by this Ordinance
(*Amended November 6, 2000, Ord. No. 2000-142)
 

BUILDING SETBACK LINE
The line, perpendicular to the depth of the required front yard setback and parallel to a front lot line and/or street right-of-way line, whichever is greater, at which structures are permitted to be construed and where “lot width” is measured.
 

BUILDABLE AREA OF A LOT
That portion of a lot bounded by the required “rear” and “side yards” and the “building setback line.”
 

BUILDING COVERAGE
A percentage figure referring to that portion of a lot covered only with principal and accessory buildings.
 

BULK
A composite term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following:
a.         Size and height of buildings;
b.         Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;
c.         Floor area ratio of buildings;
d.         All open spaces allocated to buildings; and
e.         Amount of lot area provided per dwelling unit.
 

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

CAMP, DAY OR YOUTH
A camp providing facilities for groups of young people such as Y.M.C.A. camps, Boy Scout camps and Girl Scout camps.
 

CAPACITY IN PERSONS
The “capacity in persons” of an establishment or use is the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable comfort.
 

CARPORT
An open-sided roofed automobile shelter, usually formed by extension of the roof from the side of a building.
 

CAR WASH
See Automobile Laundry.

 
CERTIFICATE OF OCCUPANCY
The written approval of the Zoning Administrator certifying that a newly constructed structure, addition to an existing structure, or existing structure undergoing a change in use is in full compliance with the provisions of this Ordinance and that such structure is habitable and in conformance with all applicable Village building codes and regulations.
 
CLINIC
A building, the principal use of which is for offices of health professionals, which contains facilities for the examination and treatment of patients but not for their lodging.
 

CLUB
An organization catering exclusively to members and their guests, or premises and buildings for social, recreational, or athletic purposes which are not conducted primarily for gain; provided that any vending stands, merchandising, or commercial activities are conducted only as required generally for the membership of such club.
 

CLUSTERING
The grouping of structures, courts, cul-de-sacs, or short streets--more closely than in conventional residential plans--in order to preserve natural site amenities and open space.
 

COLUMBARIUM
A vault with niches for cincerary urns.
 

*COMMERCIAL EQUIPMENT
A variety of heavy machines which perform specific construction or demolition functions, such as hoisting, excavating, hauling, grading, paving, drilling, or pile driving, under power.
(*Amended December 1, 2008, Ord. No. 2008-96)
 

*COMMERCIAL VEHICLE
A licensable self-propelled vehicle which:
a.         Has a Gross Vehicle Weight Racing (GVWR) of 11,501 pounds or more; or
b.         Contains print or logos which advertise a business; or
c.         Has external modifications to the structure or body, where external modifications is defined as both dealer and non-dealer modifications which result in pick-up trucks that do not have the traditional pick-up bed and side walls, and vans that have an expanded cargo area that is taller or wider than a passenger van, except those modified for use as either a recreational vehicle or to accommodate handicapped passengers and which are currently being utilized for this purpose. Motorized vehicles that have racks, storage boxes, or shells added to the traditional pick-up bed are exempt from this definition.
(*Amended December 1, 2008, Ord. No. 2008-96)
 
 
COMMON OPEN SPACE
Land and/or water unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a Planned Unit Development. Common open space may contain walks, patios and structures for recreational use. Areas used for individual open space, such as private courtyards and not available to all residents of the Planned Unit Development, shall not be included as common open space.
 

COMMON ENTRANCE
Any access facility that provides passageway from the outside to a group of apartments in a garden apartment building or apartment house.

 

COMMUNITY RESIDENCE*

A dwelling unit occupied on a permanent basis as a single housekeeping unit, in a family-like environment, by unrelated persons with disabilities, plus support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling.  A community residence for persons with disabilities plus support staff shall be considered a residential use.  The term “Community Residence” shall not include an alcoholism or drug treatment center, a work-release facility for convicts or ex-convicts, or any other housing facility serving as an alternative to incarceration.  Nothing in this definition shall affect the right of persons who satisfy the definition of “family” to live as a “family” in appropriate zoning districts.

(*Amended April 3, 2000, Ord. No. 2000-40)

 

COMPATIBLE USE
Any property, use, or service which is capable of direct association with certain other uses because it is complementary, congruous, or otherwise undetrimental. Compatible use is further defined in Section 13.7.2.
 

CONFORMING BUILDING OR STRUCTURE
A “conforming building” or “conforming structure” is any building or structure which:
a.         Complies with all the regulations of this Ordinance or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or
b.         Is designed or intended for a conforming use.

 
CONTIGUOUS
In contact, adjoining, or touching another object or item, as distinguished from being adjacent.
 
 
CONVALESCENT HOME
See Nursing Home.
 
 
CURB LEVEL
The level of the established curb in the front of a building or other structure measured at the center of such front. Where no curb elevation has been established, the mean elevation of the center line of the street fronting the lot shall be considered the curb level.
 
 

*DAY CARE CENTER
An institution or place in which children or adults are received and cared for apart from their parents or guardian, for part or all of a day, but not for overnight inhabitation. The term “day care center” includes nursery schools, child care centers, day nurseries, kindergartens, play groups, and adult day care centers, but does not include bonafide kindergartens or nursery schools operated by public or private elementary or secondary school systems.  
(*Amended December 19, 2011, Ord. No. 2011-88)

 
*DAYTIME HOURS
The hours of the day from 7:00 a.m. to 10:00 p.m., local time.
(*Amended November 1, 2010, per Ord. No. 2010-96)
 

DECIBEL
A unit measuring the intensity or loudness of sound.
 

DENSITY, GROSS
The numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land (in acres) within a development. This would include all non-residential land uses and private streets of the development, as well as rights-of-way of dedicated streets; the result being the number of dwelling units per gross acre of land.
 

DENSITY, NET
The numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located and including common open space and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights-of-way of publicly dedicated streets and private streets.
 

DETENTION
The temporary on-site restraining of storm water.
 

DISTRICT
A portion of the territory of the Village of Gurnee within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Ordinance.
 

DRIVE-IN AND/OR TAKE-OUT ESTABLISHMENT
A place of business operated for the retail sale and purchase of food and other goods, services, or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of food or beverages in automobiles on the premises or elsewhere on the premise, but outside any completely enclosed structures. If, in addition to the consumption of any food or beverages in automobiles or elsewhere on the premises outside any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a drive-in and/or take-out establishment.
 

DRIVEWAY
A pathway for motor vehicles from a street to a parcel of land used only for service purposes or for access to the parcel.
 

DWELLING
A building, or portion thereof designed or used exclusively for human habitation, including single-family dwellings, two-family dwellings, townhouse dwellings, and multiple-family dwellings, but not including mobile homes, hotels or motels.
 

DWELLING, MULTIPLE-FAMILY
A building designed exclusively for human habitation containing three (3) or more dwelling units.
 

DWELLING, SINGLE-FAMILY
A building designed exclusively for human habitation containing one (1) dwelling unit and intended for occupancy by one (1) family.
 

DWELLING, TOWNHOUSE
A building designed exclusively for human habitation containing two (2) or more dwelling units where each dwelling unit is attached to another dwelling unit by a vertical wall, with each dwelling unit having an individual entrance, not accessible from the entrance of any other dwelling unit and not overlapping any part of another dwelling unit.
 
 
DWELLING, TWO-FAMILY
A building designed exclusively for human habitation containing two (2) dwelling units.
 
 
DWELLING UNIT
One (1) or more rooms, including individualized bathroom or kitchen facilities, which are arranged, designed, or used as living quarters for one (1) family or household.

 
EDUCATIONAL INSTITUTIONS
Any public, parochial, private or charitable, or non-profit school, junior college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.

 
EFFICIENCY UNIT
A dwelling unit consisting of one (1) principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing such dining alcove.
 

ELEEMOSYNARY INSTITUTION
Any building or group of buildings devoted to and supported by charity.
 

ESCORT*
Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. Escort shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve hours and who provide a service not principally characterized as dating or socializing. Escort shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
(*Amended August 7, 2006, Ord. No. 2006-63)
 

ESCORT SERVICE*
Any individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within the Village, whether or not such third person is employed by such escort service, escort, patron or by another business, or is an independent contractor or self-employed.
(*Amended August 7, 2006, Ord. No. 2006-63)
 

ESTABLISHMENT, BUSINESS
Any place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
 


FALLOUT SHELTER
An accessory building and use specifically designed for the protection of life from radioactive fallout.
 

FAMILY
A “family” consists of one (1) or more persons each related to the other by blood, marriage, or adoption (including foster children), together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A family may also be composed of no more than three (3) unrelated persons, provided that such unrelated persons live in a single dwelling and maintain a common household and a single housekeeping unit. A family includes any domestic servants and not more than one (1) gratuitous guest residing with said family; such servants or guest shall be included in the unrelated persons attained by this definition and shall not be in addition thereto.
 

FAMILY COMMUNITY RESIDENCE*
A dwelling unit occupied on a permanent basis in a family-like environment by a group of no more than six (6) unrelated persons with disabilities, plus support staff provided by an applicant, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling; and complied with the zoning regulations for the district in which the site is located.
(*Amended April 3, 2000, Ord. No. 2000-40)
 

FARM
Land being utilized for agricultural purposes.
 

FENCE or WALL*
A structure used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed of wood, plastic, metal, wire mesh, masonry or other similar material and is used as a barrier of some sort.
(*Amended September 22, 2003, Ord. No. 2003-69)
 

FENCE or WALL (CLOSED)*
A structural fence or wall that is constructed so that no more than fifty percent (50%) of the superficial surface consists of regularly distributed apertures.
(*Amended September 22, 2003, Ord. No. 2003-69)
(*Amended June 15, 2009, Ord. No. 2009-43)
 

FENCE or WALL (SEMI-OPEN)*
A structural fence or wall that is constructed so that more than fifty percent (50%) of the superficial surface consists of regularly distributed apertures.
(*Amended September 22, 2003, Ord. No. 2003-69)
(*Amended June 15, 2009, Ord. No. 2009-43)
 

FLOOD*
Definitions regarding Flood Plain requirements herein are deleted by Ordinance 80-51, and Ordinance regulating development in Special Flood Hazard Areas within the Village of Gurnee - published in pamphlet form on November 17, 1980.
(*Amended November 17, 1980, Ord. No. 80-51)
 

FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO)*
For the purpose of determining the 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 (2) buildings. The “floor area” of a building shall include basement floor area when more than one-half (1/2) of the basement height is above the established curb level or above the mean elevation of the centerline of the street fronting the lot where curb level has not been established, elevator shafts and stairwells at each floor, floor space for mechanical-equipment except equipment, open or enclosed, located on the roof-penthouses, attic space having headroom of seven feet, six inches (7’6”) or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in ”floor area.” The “floor area” of structures devoted to bulk storage of materials-including but not limited to, grain elevators and petroleum storage tanks-shall be determined on the basis of height in feet; i.e., ten (10) feet in height shall equal one (1) floor.
(*Amended November 17, 1980)

 

FLOOR AREA RATIO (F.A.R.)
The “floor area ratio” of the building or buildings on any zoning lot is the floor area of the building or buildings on the zoning lot divided by the gross lot area of such zoning lot, or, in the case of planned unit developments, by the gross site area, exclusive of dedicated streets. The “floor area ratio” requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
 

FRONTAGE
The length of all the property fronting on one (1) side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
 

FRONTAGE, ZONING LOT
The length of all the property of a zoning lot fronting on a street, measured between side lot lines.
 

GARAGE, COMMERCIAL
A building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor vehicles. The term repairing shall not include an automotive body repair shop or the rebuilding, dismantling, or storage of wrecked or junked vehicles, unless expressly authorized.
 

GARAGE, PRIVATE
A detached accessory building or portion of a principal building, designed, arranged, used or intended to be used for the storage of motor vehicles owned and operated exclusively by the occupants of the premises and their guests.
 

GRADE
The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
 

GRADING
The reshaping of natural land contours, using natural land materials such as soil, gravel, sand, black dirt, etc., for the purpose of eliminating erosion or sedimentation problems, creating or improving surface drainage, providing for the natural aesthetic contouring of property, or to accommodate a building plan by making minor changes in land elevation.
 

HEIGHT OF STRUCTURE
The “height of a structure,” other than that of buildings (for height of buildings see Building Height), is the vertical distance from the ground level measured at a ninety (90) degree angle from the highest point of said structure.
 
*HEIGHT, WIND ENERGY SYSTEM
The vertical distance above the average grade of the adjacent ground to the highest point of travel of a WES, including the highest reach of the blades.
(*Amended November 1, 2010, Ord. No. 2010-96)
 

HOME DAY CARE CENTER*
A dwelling in which a permanent occupant of the dwelling provides for the care, protection, and supervision of a maximum of eight clients, at any one time, apart from their parents or legal guardian, for less than 24 hours per day. Clients are defined as children under 12 and shall include the permanent occupant’s natural, foster, or adopted children.
(*Amended December 3, 2007, Ord. No. 2007-105)
(*Amended April 19, 2010, Ord. No. 2010-37)
 

HOME OCCUPATION
Any occupation or profession conducted within a dwelling unit and its permitted accessory buildings which is clearly incidental and secondary to the use of such buildings and which complies with all the regulations of this Ordinance. “Home occupations” are further defined in Section 8.5.3 of this Ordinance.
 

*HORIZONTAL AXIS WIND TURBINE (HAWT)
A turbine that rotates on a horizontal axis, typically with propeller blades. They have the main rotor shaft and generator at the top of the tower, and must be pointed into the wind. Smaller turbines are pointed by a simple wind vane, while larger turbines generally use a wind sensor coupled with a servo motor. Most have a gearbox, which turns the slow rotation of the blades into a quicker rotation that is more suitable to drive an electrical generator. This definition includes reference to an illustration of a HAWT for explanatory, but not limiting, purposes. (*Amended November 1, 2010, Ord. No. 2010-96).
 

 


HOSPITAL OR SANITARIUM
A “hospital or sanitarium” is an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than twenty-four (24) hours in any week, of three (3) or more non-related individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term “hospital” as used in this Ordinance does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients and the term “hospital” shall not include convalescent, nursing, shelter or boarding houses.
 

HOTEL
An establishment which provides lodging for transient guests in return for monetarial reward and which provides customary hotel services, such as maid service, the furnishing and laundering of linen, telephone and desk service, the use and upkeep of furniture, and bellboy service.
 

INCOMPATIBLE USE
A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant.
 

INDUSTRIAL PARK
A special or exclusive type of planned industrial area designed and equipped to accommodate a variety of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.
 

INORGANIC MATERIAL
An “inorganic material” is one made from substances composed of matter other than plant, animal, or certain chemical compounds or carbon. Examples are metals and glass.
 

JUNK CAR
An automobile, truck, or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable or such a vehicle which does not comply with State, County or Village laws or ordinances.
 

JUNK YARD
An open area where junk, waste, scrap, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. “Junk yard” includes automobile wrecking or salvage yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings.
 

KENNEL*
Any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding care or breeding, for which any fee is charged; or any place or at which more than four dogs over age four (4) months are kept for any purpose.
(*Amended April 6, 1981 Ord. No. 81-12)
 

LAKE
Any natural or man-made body of water surrounded by land.
 

LANDFILL, DUMP
A site where refuse is deposited in a haphazard manner without adequate control of the operation.
 

*LARGE WIND ENERGY SYSTEMS (LWES)
A Wind Energy System with turbine towers and fully extended blades which primarily produce energy to be sold commercially. A LWES may include one or more Wind Energy Systems, electronic conversion and distribution systems.
(*Amended November 1, 2010, Ord. No. 2010-96)
 

*LINGERIE MODELING BUSINESS
Any place where a person who appears in a state of semi-nudity or in lingerie is provided to be observed by other persons who pay money or any form of consideration.
(*Amended August 7, 2006, Ord. No. 2006-63)
 

LOT
A single parcel of land under unified ownership or control. A lot can be either a lot of record or a zoning lot.
 

LOT AREA, GROSS
The area of a horizontal plane bounded by the front, side and rear lot lines.
 

LOT, BUILDABLE AREA
The space remaining on a zoning lot after the minimum open space requirements of this Ordinance have been complied with.
 

LOT, CORNER
A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees. On a “corner lot,” the front lot line shall be the lot line having the shorter dimension along the street line.
 

LOT COVERAGE
The “lot coverage” of a lot is the area of a lot occupied by the principal and accessory buildings.
 

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

LOT FRONTAGE
That boundary of a lot along a public or private street.
 

LOT, INTERIOR
A lot other than a corner or reversed corner lot.

 
LOT LINE
A property boundary line of any lot. When a lot extends to an abutting street or alley, the lot line shall be the closest street or alley line.
 

LOT LINE, FRONT
That boundary of a lot along an existing or dedicated public street, or where no public street exists, along a public way; where such public way is not a dedicated street the right-of-way of such public way shall be deemed to be sixty (60) feet, unless otherwise provided.
 

LOT LINE, REAR
That boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.
 
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line or a rear lot line.
 

LOT OF RECORD
A lot which is a part of a subdivision, the plat of which has been recorded in the Office of the Lake County Recorder of Deeds; or a parcel of land which was lawfully recorded prior to the adoption and enactment of this Comprehensive Amendment to the Village of Gurnee Zoning Ordinance.
 

LOT, REVERSED CORNER
A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
 

LOT, THROUGH
A lot having a pair of opposite lot lines along two (2) more or less parallel public streets and which is not a corner lot.
 
LOT WIDTH
The horizontal distance between the side lot lines of a lot measured within the lot boundary at the building setback line.
 
LOT, ZONING
A single tract of land located within a single block, which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.
 
MARQUEE OR CANOPY
A roof-like structure of a permanent nature which projects from the wall of a building.
 
MEZZANINE
An intermediate or fractional story between the floor and ceiling of a main story, used for a purpose accessory to the principal use. A mezzanine is usually just above the ground or main floor and extending over only part of the main floor. The floor area of a “mezzanine” is included in calculating the floor area ration (F.A.R.) of a structure.
 
MICRON
A unit of measurement, equal to one thousandth part of one millimeter (.001 millimeter).

 
MOBILE HOME
A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent home and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. Even if structure rests on a permanent foundation, with wheels, tongue, hitch and axle or lug bolts permanently removed, it shall be construed as a mobile home. A mobile home may be with or without mechanical power.
 
MOBILE HOME PARK
An area of land or lands upon which three (3) or more independent mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. A mobile home park shall not include a sales lot or unoccupied mobile homes for the purpose of inspection and sale.
 
MODERATE BURNING MATERIAL
A material which in itself does not support combustion and which is consumed slowly as it burns.
 
MOTEL
An establishment which provides lodging for transient guests, arriving in motor vehicles, in return for monetary reward and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and desk service, the use and upkeep of furniture and bellboy service. A typical motel consists of a number of bedrooms united under one (1) roof, but having individual entrances and with adequate parking available nearby.
 
MOTOR FREIGHT TERMINAL
A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate shipment by motor truck.
 
MOTOR VEHICLE
Any passenger vehicle, motorcycle, recreational vehicle, truck, truck-trailer, or semi-trailer propelled or drawn by mechanical power.
 
NAMEPLATE
A sign indicating the name and address of a building; or the name of an occupant thereof and the practice of a permitted occupation therein.
 
*NIGHTTIME HOURS
The time of the day after 10:01 pm until 6:59 am, local time.
(*Amended November 1, 2010, Ord. No. 2010-96)
NON-CONFORMING BUILDING OR STRUCTURE
Any building or structure and the use thereof or the use of land that does not conform with the regulations of this Ordinance or any amendment hereto governing use in the district in which it is located, but conformed with all of the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
 
 
NON-CONFORMING USE
Any use of land, buildings, or structures which use is not permitted in the zoning district in which such use is located.
 
*NONPARTICIPATING PROPERTY
A lot that is not owned by the Owner of the property on which the WES is proposed or installed.
(*Amended November 1, 2010, Ord. No. 2010-96)
 
NON-PUTRESCIBLE MATERIAL
A material or substance not subject to decomposition or decay.
 
*NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
*NUDITY OR A STATE OF NUDITY
A state of dress or undress that exposes to view (1) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed, or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
NURSING HOME OR REST HOME
A home for the aged, chronically ill, care of children, infirm or incurable persons, or a place of rest for those suffering bodily disorders in which three (3) or more persons, not members of the immediate family residing on the premises, are received, kept or provided with food, shelter and care; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.
 
OCTAVE BAND
A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
 
OCTAVE BAND FILTER
An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.
 
ODOROUS MATTER
Any matter that yields an odor which is offensive in any way.
 
OPEN SPACE
That portion of land and/or water not devoted to buildings or other structures, parking or loading areas, driveways, or any principal or accessory use.
 
*OPERATIONAL CONDITION
WES facilities being capable of operating at full capacity while meeting all sound and other permit conditions. (*Amended November 1, 2010, Ord. No. 2010-96).
 
ORDINANCE
The Village of Gurnee Zoning Ordinance
 
ORGANIC MATERIAL
A material or substance composed of chemical compounds of carbon in combination with other chemical elements (often hydrogen) and generally manufactured in the life processes of plants and animals. Organic substances include paper, wood, food and plastic, as well as the waste products of these and similar materials.
 
*OWNER
The person(s), who hold(s) title of the property on which a SWES facility is installed. (*Amended November 1, 2010, Ord. No. 2010-96)
 
*PARTICIPATING PROPERTY
The property on which a SWES is located. (*Amended November 1, 2010, Ord. No. 2010-96).
 
PARTICULATE MATTER
Material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
 
PET DAY CARE FACILITY*
A facility that provides for the temporary on-site care of pets that are ordinarily housed at another location. The facility may also provide other services, including, but not limited to grooming, training, exercising, and socialization. Some limited overnight boarding is allowed, but restrictions on the maximum number of animals permitted to be boarded overnight may be imposed as part of a special use permit. (*Amended July 2, 2007, Ord. No. 2007-64)
 
PERMITTED USE
A use which is permitted “by right” in a particular zoning district. It is contrasted with special (conditional) uses which are authorized only if certain requirements are met and after review and approval is granted by the appropriate Village boards. Permitted uses are normally principal uses of land.
 
PERSONS WITH DISABILITIES*
For the purposes of this definition, "persons with disabilities" shall include a person who (1) has a physical or mental impairment which substantially limits one or more of such person's major life activities so that such person is incapable of living independently, (2) has a record of having such an impairment, or (3) is regarded as having such an impairment. However, "persons with disabilities" shall not include any person involved in the current illegal use of or addicted to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. Sec. 902) or alcohol, nor shall it include any person whose residency in a group home would constitue a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
(*Amended April 3, 2000, Ord. No. 2000-40)
 
PLANNED UNIT DEVELOPMENT (P.U.D.)
A tract of land which is developed as a unit under single ownership or unified control, which includes one (1) or more principal buildings or uses and is processed under the Planned Unit Development provisions of this Ordinance. Also, a parcel of land planned as a single unit, rather than as an aggregate of individual lots, with design flexibility from traditional siting regulations (such as side yards, setbacks and height limitations) or land use restrictions (such as prohibitions against mixing land uses within a development). The greater flexibility in locating buildings and in combining various land uses often makes it possible to achieve certain economics in construction, as well as the preservation of open space and the inclusion of many amenities.
 
PLANNED UNIT DEVELOPMENT PLAT
A drawing or map made to measurable scale upon which is presented a description and definition of the way in which the design requirements of the Planned Unit Development are to be met and intended for recording with the County Recorder of Deeds.
 
PLAN COMMISSION
The Plan Commission of the Village of Gurnee.
 
PRINCIPAL BUILDING
The main building upon a lot, or the building which houses the principal use of the premises.
 
PRINCIPAL USE
The primary use of land or structures as distinguished from a secondary or accessory use. A house is a principal use in a residential area; a garage or pool is an accessory use.
 
RECORDING (OF A DOCUMENT)
To officially record a document in the Office of the County Recorder of Deeds.
 
 
*RECREATIONAL VEHICLE (Amended March 15, 2010, Ord. No. 2010-25)
Any vehicle or boat designed for temporary living quarters, recreation, or temporary human habitation and not used as a commercial vehicle, including, but not limited to, the following: boat/watercraft, camper trailer, conversion vans, motorized trailer, off-the-road vehicle, racing car or cycle, travel trailer, and truck camper. Mobile homes, as defined elsewhere in Article 2.2 of the Zoning Ordinance, are not included in the definition of recreational vehicle.
 
Boat/Watercraft: A vehicle for traveling in or on water, including all types of personal watercraft whether impelled by wind, oars, or mechanical devices. For the purpose of this ordinance, boat(s)/watercraft mounted on a trailer shall be considered one vehicle.
 
Camper Trailer: A folding or collapsible vehicle without its own motive power designed and constructed as temporary living quarters for travel, camping, recreation or vacation use.
 
Conversion Van: A conventional van whose cargo area has been equipped with living facilities, extra windows, and often increased headroom.
 
Motor Home: A temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of the self-propelled vehicle.
 
Off-the-Road Vehicle: A vehicle intended principally for recreational use off of roads where state vehicle licenses are required, such as a dune buggy, go-cart, and all-terrain vehicle.
 
Racing Car or Cycle: A vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.
 
Snowmobile: A self-propelled vehicle designed for travel on snow or ice, generally steered by skis or runners. For the purpose of this ordinance, snowmobile(s) mounted on a trailer shall be considered one vehicle.
 
Specially Constructed Vehicle: Any vehicle which was not originally constructed under a distinctive name, make, model or type, or which, if originally constructed has been materially altered by the removal of essential parts, or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles and used for temporary living quarters or recreation.
Travel Trailer: A rigid vehicular structure, without its own motive power, designed as a temporary living quarters for travel, camping, recreation or vacation use, and is required to be licensed or registered and insured for highway use.
 
Truck Camper/Slide in Pick-Up Camper: A structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping, creation or vacation use. When mounted on a truck, such structure and the truck shall together be considered on vehicle.
 
Utility or Haul Trailer: A vehicle, enclosed or non-enclosed, without its own motive power that is designed and constructed to transport another vehicle, such as a car, boar, motorcycle or snowmobile, or to transport equipment and/or tools, such as lawn mowers, bobcats, etc., and that is eligible to be licensed or registered and insured for highway use. For the purpose of this ordinance, a utility or haul trailer with vehicle(s) mounted on it shall be considered one vehicle.
RESERVOIR PARKING
Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
 
RESTAURANT
Any establishment whose principal business is the sale of food for consumption, in non-disposable containers, at tables located on the premises.
 
RESTAURANT, CARRY-OUT
Any business establishment where food is prepared primarily for the sale and consumption, in edible or disposable containers, off the premises of the establishment.
 
RETENTION
The permanent on-site maintenance of storm water.
 
RIGHT-OF-WAY, PUBLIC
An access way dedicated to public use.
 
 
RIGHT-OF-WAY, RAILROAD
A strip of land with tracks and appurtenant track operational facilities.
 
RINGELMANN CHART
The “Ringelmann Chart” is one which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light obscuring capacity of smoke density.
 
RINGELMANN NUMBER
The number appearing on the Ringelmann Chart ascribed by the observer to the density of the smoke emission. Where the density of light obstructing capacity of the smoke as observed falls between two (2) consecutive Ringelmann Numbers, the lower Ringelmann Number shall be considered the density of the smoke observed.
 
ROADSIDE STAND, ACCESSORY
A structure erected for the display and sale of agricultural products no more than one (1) story in height and five hundred (500) square feet in retail floor area and located on a zoning lot where the principal use is agricultural.

 
ROADSIDE STAND, COMMERCIAL
A structure erected for the display and sale of agricultural products and may or may not be located on a zoning lot where the principal use is agricultural. A “commercial roadside stand” requires appropriate commercial zoning; it must comply with all site and structure provisions of the applicable zoning district and may sell up to five (5) products not of an agricultural nature. Products sold at a “commercial roadside stand” are generally grown off the zoning lot where such stand is located.
 
*SEMI-NUDE
A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
*SENIOR HOUSING
Multiple-Family residential development, the occupation of which shall be limited to persons 62 years of age or more provided that if two or more persons occupy a single dwelling unit, at least one shall be 62 years of age or more
(*Amended February 7, 1994, Ord. No. 94-11)
 
SETBACK
The minimum horizontal distance between a lot line and the nearest side of a building or other structure, located on a particular zoning lot, to such lot line.
 
*SHADOW FLICKER
The on-and-off strobe light effect caused by the shadow of moving blades cast by the sun passing above the turbine. Shadow flicker intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow. (*Amended November 1, 2010, Ord. No. 2010-96).
 
SIGN
Any identification, description, illustration, or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures.
 
SIGN, ADVERTISING
A sign which directs attention to a profession, business, activity, commodity, service, or entertainment other than one conducted, sold, or offered upon the premises where such sign is located, or within the building to which such sign is affixed.
 
SIGN, BUSINESS
A sign which directs attention to a profession or business conducted, or to a commodity, service, activity, or entertainment sold or offered upon the premises where such sign is located or in the building to which such sign is affixed.

 
SIGN, CONSTRUCTION
Any sign identifying individuals or companies involved in design, construction, wrecking, financing or development when placed upon the premises where work is under construction, but only for the duration of construction or wrecking.
 
SIGN, FLASHING
Any illuminated sign on which the artificial light or lights are not maintained stationary or constant in intensity and color at all times when such signs is illuminated. For the purpose of this Ordinance, any moving illuminated sign shall be considered a flashing sign. A sign whereon the time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the color or intensity of light is constant, except for periodic changes, limited to the numerals indicating the time and/or temperature, which occur not more frequently than once every three (3) seconds.
 
SIGN, GROSS AREA OF
The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign, not forming an integral part of the display, whose primary function is that of support.
 
SIGN, GROUND
Any sign or other advertising structure, supported by a pole, pylon, upright, or brace, or placed upon the ground and not attached to any building or structure.
 
SIGN, ILLUMINATED
A sign where the source of illumination of such sign is a fundamental part of the sign.
 
SIGN, INDIRECTLY ILLUMINATED
A sign where the source of illumination is accessory to the sign, but where such source of illumination is intended to indirectly illuminate such sign.
 
SIGN, INSTRUCTIONAL
Any sign which notifies or instructs the public as to limitations or regulations relating to designated uses of certain parcels or property or public or private streets or rights-of-way, and including warning signs, exit signs, traffic signs and directional signs for parking or parking restrictions.
 
SIGN, MOVING
Any sign which revolves, rotates, swings, undulates or otherwise attracts attention by moving parts, whether operated by mechanical equipment or by natural sources, but not including flags or banners.
 
SIGN, PORTABLE
Any sign not permanently attached to the ground, building or other structure.
 
SIGN, PROJECTING
Any sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached by more than twelve (12) inches.
 
SIGN, ROOF
Any sign erected, constructed, and maintained upon or over the roof or top of the wall, wall tower, or turret of any building with the principal support on the roof structure.

 
SIGN STRUCTURE
Any structure which supports, has supported, or is capable of supporting a sign, including decorative cover.
 
SIGN, TEMPORARY
Any sign, banner, pennant, valance or advertising display that by intent is not permanent, constructed of cloth, canvas, lightweight fabric, cardboard, wallboard, or other lightweight materials with or without frames, intended to be displayed for a short period of time only.
 
SIGN, WALL
Any sign attached to and supported by the exterior surface of the wall of a building or structure in a place substantially parallel to that of the supporting wall.
 
SITE COVERAGE
A percentage figure indicating that portion of a sign covered by principal and accessory buildings, parking area, private streets, access drives, etc. Normally, land not considered in the site coverage computation is classified as open space.
 
SLOW BURNING OR INCOMBUSTIBLE MATERIALS
Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five (5) minutes at a temperature of twelve hundred (1200) degrees Fahrenheit, shall be designated “incombustible.”
 
*SMALL WIND ENERGY SYSTEM (SWES)
A Building Mounted Wind Energy System or Tower Mounted Wind Energy System that is accessory to the principal use and intended to primarily reduce on-site consumption of utility power. SWES energy produced in excess of on-site consumption may be sold back to the utility power service provider. However, a wind energy system that primarily produces energy to be sold commercially shall be classified as a Large Wind Energy System. (*Amended November 1, 2010, Ord. No. 2010-96).
 
SMOKE UNIT
The number obtained when the smoke density in a Ringelmann Number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it was observed. The various products are then added together to give the total number of smoke units observed during the entire observation period.
 
*SOLAR COLLECTOR
A professionally manufactured device, structure, or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, or electrical energy.  (*Amended June 20, 2011, Ord. No. 2011-46)

 

*SOLAR COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for use in the collector’s energy transformation process.  Collector surface does not include frames, supports, and mounting hardware.  (*Amended June 20, 2011, Ord. No. 2011-46)

 

*SOLAR ENERGY SYSTEM, BUILDING MOUNTED

A solar energy system that is professionally mounted on the roof of a principal building or accessory structure.  A building mounted solar energy system includes building integrated, flush mounted, and non-flush mounted systems.

Building Integrated:  A building mounted solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building.  Building integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, skylights, shading devices and similar architectural components.

Flush Mounted:  A building mounted solar energy system that is mounted to a finished roof surface where the solar collector, once installed, projects no further than six (6) inches in height beyond the roof surface.

Non-Flush Mounted:  A building mounted solar energy system that is mounted to a finished roof surface where the solar collector, once installed, projects more than six (6) inches in height beyond the roof surface.

(*Amended June 20, 2011, Ord. No. 2011-46)

*SOLAR ENERGY SYSTEM, GROUND MOUNTED
A free-standing solar energy system that is placed or mounted to the ground.  (*Amended June 20, 2011, Ord. No. 2011-46)

*SOLAR ENERGY SYSTEM, LARGE
A solar energy system that contains multiple solar collectors and is primarily used to produce energy to be sold commercially. (*Amended June 20, 2011, Ord. No. 2011-46)

*SOLAR ENERGY SYSTEM, SELF-CONTAINED
A professionally manufactured device that utilizes solar collector(s) to produce small amounts of power that are generated exclusively for the device.  A self-contained solar energy system is typically located in areas that are not in close proximity to a utility power source.  Examples of these types of self-contained solar energy systems include, but are not limited to:  light poles in parks for security or safety reasons, pedestrian street crossing signs that alert oncoming traffic of the crossing, natural resource observation systems (such as tracking flood level depths), pumps that aerate an isolated pond, and attic fans mounted on a roof that are used for ventilation purposes.  (*Amended June 20, 2011, Ord. No. 2011-46)

*SOLAR ENERGY SYSTEM, SMALL
A professionally manufactured system accessory to the principal use that utilizes solar collectors to convert solar energy from the sun into thermal, mechanical or electrical energy for storage and use and is intended to primarily reduce on-site consumption of utility power.  Energy produced in excess of on-site consumption may be sold back to the electric utility service provider that serves the proposed site for use with the existing energy grid.  For the purposes of this ordinance, a solar energy system includes building mounted and ground mounted solar energy systems.  (*Amended June 20, 2011, Ord. No. 2011-46)

*SOUND
A disturbance or oscillation that propagates outwardly as acoustic waves through the air. *(Amended November 1, 2010, Ord. No. 2010-96).
 
*SOUND FREQUENCY
The number of oscillations per second expressed in hertz (Hz). High frequency sound has more oscillations per second, whereas low frequency sound has fewer. The types of frequencies include:
·         Audible or tonal sound:  Sound frequencies between 20-20,000 Hz.
·         Broadband: A wide range of frequencies above 100 Hz. 
·         Low-frequency: Sound with frequencies below 100 Hz, including audible sound and infrasound.
·         Infrasound: Sound frequencies below 20 Hz.
(*Amended November 1, 2010, Ord. No. 2010-96)

 
*SOUND LEVEL
The A-weighted sound pressure level in decibels [dB(A)] (or the C-weighted level [dB(C)], if specified) as measured using a sound level meter that meets the requirements of a Type 2 or better precision instrument according to ANSI S1.4, must have an integrating feature that meets ANSI S1.43 and procedures must meet the applicable portions of ANSI S12.9. All sound measurements must be made when ground level winds are below 6 mph. The “average” sound level is time-averaged for a period of not less than one minute nor more than two minutes using an integrating sound level meter that meets the requirements of ANSI S1.43 or its latest revision. (*Amended November 1, 2010, Ord. No. 2010-96)
 
*SOUND PRESSURE LEVEL, A-WEIGHTED dB(A)
The “weighted” scale that is most often utilized for the measurement of audible or tonal sound levels. These are sounds that range from 20 to 20,000 Hz and that the human ear can typically hear. (*Amended November 1, 2010, Ord. No. 2010-96).
 
*SOUND PRESSURE LEVEL, C-WEIGHTED dB(C)
The “weighted” scale that is utilized especially for measurement of low frequency sound which includes, but is not limited to bass tones or infrasound and may or may not be audible to the human ear. (*Amended November 1, 2010, Ord. No. 2010-96)
 
SPECIAL USE
A “special use” of land or building, or both, described and permitted herein, is a use subject to special provisions and which because of unique characteristics cannot be properly classified as a permitted use.
 
SPECIFIED ANATOMICAL AREAS:*
a.         Less than completely and opaquely covered human genitals; pubic region; buttocks;           anus; or female breast below a point immediately above the top of the areola, but not     including any portion of the cleavage of the female breast exhibited by a dress, blouse,    shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.
b.         Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a        discernibly turgid state.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
SPECIFIED SEXUAL ACTIVITIES:*
a.         Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or           female breasts.
b.         Sex acts, normal or perverted, actual or simulated, including intercourse, oral         copulation, or sodomy.
c.         Masturbation, actual or simulated.
d.         Human genitals in a state of sexual stimulation, arousal, or tumescence.
e.         Excretory functions as part of or in connection with any of the activities set forth in Subsections (a) through (d) of this definition.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
STABLE, PRIVATE
A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
 
STABLES AND/OR RIDING ACADEMIES, COMMERCIAL
The grounds and buildings where horses are bred, raised, boarded, or kept for remuneration, hire or sale.

 
STORY
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.
 
STRADDLE DANCE*
The use by any person, including specifically, but without limitation, any adult-oriented business employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus, or female breast of any adult-oriented business patron or other person on the premises, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any adult-oriented business patron or other person on the premises.   Conduct shall be a "straddle dance” regardless of whether the "touch” or "touching' occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a “straddle dance" regardless of whether the "touch” or "touching' is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance," "table dance,” and "face dance" shall be included within this definition of straddle dance.
(*Amended August 7, 2006, Ord. No. 2006-63)
 
STREET
A public or private right-of-way which affords a primary means of vehicular access to abutting property, but does not include alleys or driveways to buildings.
 
*STRUCTURAL WEIGHT, WES
The combined weight of the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation. (*Amended November 1, 2010, Ord. No. 2010-96).
 
STRUCTURE
Anything constructed, erected or placed, which requires location in or on the ground or is attached to something having a location on the ground.
 
*STRUCTURE, RESIDENTIAL
Any structure associated with a residential building or use including any accessory uses to a principal residential use.
(Amended November 6, 2000, Ord. No. 2000-142)
 
 
*STRUCTURE, NON-RESIDENTIAL
Any structure associated with a non-residential building or use including any accessory uses to a principal non-residential use.
(Amended November 6, 2000, Ord. No. 2000-142)
 
STRUCTURAL ALTERATION
Any change, other than incidental repairs, which would prolong the life of supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders or foundations.
 
*SUN GLINT
The reflection of sunlight off of a surface of the blades, tower, or other component of the wind energy system. (*Amended November 1, 2010, Ord. No. 2010-96).
 
SURFACE WATER ELEVATION
The normal water level elevation of a lake, stream, or stream bed as depicted on United States Geological Survey (U.S.G.S.) flood plain topographic maps. If “surface water elevation” datum specified by the Illinois Department of Transportation-Division of Water Resources is more current than U.S.G.S. flood plain topographic maps, Division of Water Resources information may be used.
 
*TATTOOING
Any method of placing permanent designs, letter, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.
(*Amended August 21, 2006, Ord. No. 2006-73)
 
 
*TATTOO PARLOR/BODY PIERCING STUDIO
An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of body piercing or tattooing.
(*Amended August 21, 2006, Ord. No. 2006-73)
 
*TEMPORARY OUTDOOR STORAGE CONTAINER
A temporary outdoor storage container is a fully enclosed, detached, and self-supporting structure, by itself incapable of motion or movement that is designed and used primarily for temporary storage of materials related to the principal use where the unit is stored. The container must be manufactured / assembled off-site and transportable, by means other than its own, to a location where it is set into place on grade and not upon a foundation or wheels. It shall be made of metal or a similar stable, durable, and acceptable material and shall not include a foundation, electricity, plumbing, or other mechanical systems as part of its assembly or use. The container shall be locked when not in use.
 
TENT
Any structure or enclosure, the roof of which and/or one-half (1/2) or more of the sides, are constructed of silk, cotton, canvas, fabric, or a similar light material.
 
THREE-COMPONENT MEASURING SYSTEM
Denotes instrumentation which can measure earth-borne vibrations in three (3) directions, that is, vibration occurring in a horizontal as well as a vertical plane.
 
*TOWER MOUNTED WIND ENERGY SYSTEM (TWES)
A freestanding Wind Energy System that is mounted to the ground and structurally attached to a tower. A TWES system is typically less than 175 feet in height and may have a Horizontal Axis or Vertical Axis Wind Turbine system attached to it that generates the power. (*Amended November 1, 2010, Ord. No. 2010-96).
 
 
*TOWER, MONOPOLE
A single pole structure that supports a wind turbine, without the use of guy wires or similar support systems. (*Amended November 1, 2010, Ord. No. 2010-96).
 
TOXIC OR NOXIOUS SUBSTANCES
Any solid, liquid or gaseous matter, including but not limited to, gases, vapors, dusts, fumes and mists containing properties which by chemical means are inherently harmful and likely to destroy life and impair health, or capable of causing injury to the well-being of persons or damage to property.
 
TRAILER-CAMPER PARKS
A residential facility designed, used, or intended to be used to accommodate the over-night or temporary location, hook-up, or use of its facilities for travel trailers, camp trailers and recreational vehicles.
 
*TURBINE
The parts of a WES including the blades, nacelle and tail. (*Amended November 1, 2010, Ord. No. 2010-96).
 
UNIFIED CONTROL
The combination of two (2) or more tracts of land wherein each owner has agreed that his tract of land shall be developed as part of a Planned Unit Development and shall be subject to the control applicable to the Planned Unit Development.
 
USE
The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this Ordinance.
 
*USE, RESIDENTIAL
A use listed under any of the following major category groupings of the zoning ordinance: “agricultural uses” or “residential uses.” (*Amended November 1, 2010, Ord. No. 2010-96).
 
VARIATION
A device which grants a property owner relief from certain provisions of this Zoning Ordinance when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship, as distinguished from a mere inconvenience or a desire to make more money, or a practical hardship owing to circumstances which do not occur generally to land or buildings in the neighborhood.
 
VENDING MACHINE
A machine for the dispensing of merchandise for monetary renumeration, designed to be operated by the consumer.
 
*VERTICAL AXIS WIND TURBINE (VAWT)
A turbine in which the main rotor shaft is arranged vertically creating an “egg beater” appearance. The generator and gearbox are located near the ground so the tower does not have to support it and it is more accessible for maintenance. This definition includes reference to an illustration of a VAWT for explanatory, but not limiting, purposes. (*Amended November 1, 2010, Ord. No. 2010-96).
 
 

VIBRATION
The periodic displacement of earth caused by an oscillating movement, and measured in inches.

 

 
VIBRATION FREQUENCY
The number of oscillations per second of a vibration.

 
VILLAGE BOARD
The President and Trustees of the Village of Gurnee.
 

WAREHOUSE
A structure, or part thereof, or area used principally for the storage of goods and merchandise.
 

WATER SUPPLY SYSTEM, INDIVIDUAL
The “water supply system” of a building or premises consists of the water service pipe, the water distribution pipes and the necessary connecting pipes, fittings, control valves, and all appurtenances in or adjacent to the building or premises.
 

WATER SUPPLY SYSTEM, PUBLIC
A “public water supply system” means collectively all property involved in a water utility including land, water sources, collection systems, dams and hydraulic structures, distribution systems and other appurtenances, pumping stations, treatment works and general properties, or any parts thereof.
 

*WATT (SYMBOLE: W)
A derived unit of power in the International System of Units (SI). It measures rate of energy conversion. One watt is equivalent to 1 joule (J) of energy per second. The kilowatt (symbol: kW) is equal to one thousand watts. The megawatt (symbol: MW) is equal to one million watts. (*Amended November 1, 2010, Ord. No. 2010-96).
 

WELL
An underground source of water made accessible by drilling or digging to the level of the water table.
 

WHOLESALE ESTABLISHMENT
A business establishment principally engaged in selling to retailers or distributors rather than consumers.
 

*WIND ENERGY SYSTEM (WES)
A wind energy production, conversion and distribution system generally consisting of a wind turbine, tower, and associated electronic equipment. (*Amended November 1, 2010, Ord. No. 2010-96).
 

*WIND FARM
More than one Large Wind Energy Systems (LWES) on a given site, constructed for the commercial generation (or sale) of electrical power. For the purposes of this Ordinance, more than one Small Wind Energy System (SWES) which is constructed for commercial generation (or sale) of electrical power shall be considered a wind farm. (*Amended November 1, 2010, Ord. No. 2010-96).
 

YARD
An open area on a lot extending along a lot line and to a depth or width specified in the yard requirements of the zoning district in which such lot is located.
 

YARD, CORNER SIDE
A side yard which adjoins a public street.
 

YARD, FRONT
A yard bounded by the front lot line and the side lot lines to a depth specified as the front yard requirement in each zoning district.
 

YARD, INTERIOR SIDE
A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.
 

YARD, PERIMETER
A yard abutting the inside of the boundaries of a Planned Unit Development.

 
YARD, REAR
A yard bounded by the rear lot line and the side lot lines, to a depth specified as the rear yard requirements in each zoning district.
 

YARD, SIDE
A yard extending along a side lot line from the front yard to the rear yard to a width specified as the side yard requirements in each zoning district.
 

YARD, TRANSITIONAL
A “transitional yard” is that yard which must be provided on a zoning lot, in a business district, which adjoins a zoning lot in a residence district, or that yard which must be provided on a zoning lot, in an industrial district, which adjoins a zoning lot in either a residence or business district.
 

ZERO LOT LINE RESIDENCE
A detached single-family dwelling unit which is built to one of the side lot lines; generally constructed within a Planned Unit Development or when clustering residential units.
 
ZONING ADMINISTRATOR
A person appointed by the Village President, subject to the majority consent of the Village Board, who is vested with certain defined administrative responsibilities regarding the implementation and enforcement of this Ordinance.
 
 
ZONING BOARD
The Zoning Board of Appeals of Gurnee
 

ZONING DISTRICT (ZONE)
A section or sections of the land area incorporated within the Village of Gurnee for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
 
 
2.3 - UNDEFINED TERMS, WORDS AND PHRASES

Terms, words and phrases not defined herein, but in need of definition, shall be processed under the interpretation provisions of Article 13, Section 13.7.