(A) Rules. In the interpretation of the ordinance, the rules and definitions contained in this section shall be observed and applied, and except when the context clearly indicates otherwise.
(1) Words used in the present tense shall include the future, the words used in the singular shall include the plural number and the plural the singular.
(2) The word “shall” is mandatory and not discretionary.
(3) The work “may” is permissive.
(4) The masculine gender includes the feminine gender and the neuter.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTS. To have a common property line or district line.
ACCESSORY BUILDING. 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 building or principal use served;
(c) Contributes to the comfort, convenience, or necessity of occupants or the principal building or principal use served; and
(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.
ACCESSORY USE. One which is subsidiary to the main use of the premises and is limited to the following:
(a) A children’s playhouse, garden house, and private greenhouse;
(b) A garage, carport, shed, or building for domestic storage;
(c) Storage of merchandise normally carried in stock on the same lot with any retail service or use, unless such storage is excluded by the district regulations;
(d) Storage of goods used in or produced by manufacturing activities, unless such storage is excluded by the district regulations;
(e) A house or rooms for non-paying guests within an “accessory building”; provided, such facilities are used for the occasional housing of guests by the occupant of the principal building and not for permanent occupancy;
(f) Swimming pool, bathhouse, cabana, for use by the occupant and his or her guests;
(g) Off-street motor car parking areas and loading and unloading facilities;
(h) Signs as permitted and regulated in each district incorporated and regulated in each district incorporated in this chapter; and
(i) Public utility facilities - telephone, electric, gas, water, and sewer lines, their supports and incidental equipment.
ADJACENT. To lie near or close to, in the neighborhood or vicinity of adjoining, touching, or contiguous.
ALLEY. A public or private right of way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is one some other street.
ALTERATION. A change in size, shape, occupancy, or use of a building or structure.
ANTENNA. An aerial structure for television, radio, or ham radio waves.
APARTMENT. A room or suite of rooms in a multiple-family dwelling, including where one or more living units is established above non-residential uses, intended or designed for use as a residence by a single family. Complete kitchen and permanently installed bath facilities must always be included for each APARTMENT.
AUTHORIZED USE. A use permitted by right in its appropriate zoning district according to the schedule of authorized and special uses in this chapter.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, shorelines of waterways or boundary lines of the village, Douglas County, Piatt County, or Moultrie County.
BOARDING HOUSE. A building other than a restaurant or hotel where meals are provided for compensation for four or more persons, but not to exceed 12 persons.
BUILDABLE AREA. The space remaining on a lot after the minimum open space yards and setback requirements of this chapter have been compiled with.
BUILDING. Any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels, or property of any kind; any structures with interior areas not normally accessible for human use, such as gas, oil or water tanks, train elevators, coal bunkers, oil cracking towers, and other similar structures are not considered as BUILDINGS.
BUILDING AREA. The maximum horizontal projected area of a building and its accessory buildings, excluding cornices projecting not more than 30 inches, open steps, and unroofed terraces.
BUILDING HEIGHT. The vertical distance from the average elevation of the natural grade of the ground covered by the structure to the highest point of the structure or to the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridges for gable, hip, and gambrel roofs.
BUILDING SETBACK LINE. A line established by this chapter generally parallel with and measured from the lot line, defining the limits of a yard in which no building other than accessory buildings or structures may be located above ground, except as may be provided in the official schedule of districts regulations.
BUSINESS. An occupation, employment, or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited and sold or where services are offered.
CARPORT. A roofed automobile shelter, with two or more open sides.
COMPLETE KITCHEN AND BATHROOM FACILITIES. Kitchen facilities shall consist of a sink and electric or gas connections for cooking and refrigeration facilities. Bathroom facilities shall consist of a permanently installed water close, lavatory and either shower or tub fixtures.
CONVENTIONAL TELEVISION ANTENNA. Any antenna capable of receiving television signals other than a satellite television antenna.
CUL-DE-SAC. A street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DISTRICT. A section of the village in all parts of which the regulations of this chapter governing the height, area and use of buildings and premises are the same.
DWELLING or DWELLING UNIT. Space within a building, comprising living, dining, sleeping room or rooms, storage closes, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees, but excluding garages and other enclosed, but uninhabitable areas.
DWELLING, SINGLE-FAMILY. A building consisting of a single dwelling unit only, detached and separated from other dwelling units.
DWELLING, TWO-FAMILY. A building having accommodations for and occupied exclusively by two families living independently of each other with separate and complete kitchen and bathroom facilities, including condominiums.
DWELLING, MULTIFAMILY. A building having accommodations for and occupied exclusively by more than two families living independently of each other and with separate and complete kitchen and bathroom facilities, including condominiums.
DWELLING, MOBILE HOME. A dwelling designed to be constructed off the site, transported relatively intact to the site, and when arriving at the site requires only minor or incidental assembly and connection operations, but in no case involving substantial reconstruction.
EASEMENT. A non-profitable interest in land owned by another that entitled its holder to a specific limited use.
FAMILY. One or more persons occupying a single dwelling unit; provided that, unless all members are related by blood, adoption, or marriage, no such FAMILY shall contain over five persons.
FLOOR AREA. The sum of the gross horizontal area of the several floors of a building, excluding basement floor areas and other uninhabitable areas, such as garages, roofed terraces, and porches. All dimensions shall be measured from the interior faces of the walls.
FRONT LOT LINE. The boundary of a lot along a street or right-of-way; and, for a corner lot, the FRONT LOT LINE shall be the shorter lot boundary along a street or right-of-way.
GROUP HOME. Any building designed as a single-family residence building and occupied by related or unrelated individuals living together as a group. The term GROUP HOME shall not include the business of operating a boarding house, rooming house or other similar enterprise. The term GROUP HOME shall include a home for adolescents, a home for physically handicapped persons, and a home for mentally handicapped persons. The term GROUP HOME shall not include any penal institutions or places for persons convicted of a crime, persons found to be juvenile delinquents, or juveniles found to be persons in need of supervision.
GARAGE, PRIVATE. An accessory building which is designed or used for the storage of not more than three motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located.
HOME OCCUPATION. A home occupation is an accessory use by the occupant(s) of a dwelling unit in which goods are produced or traded, or services are rendered as an economic enterprise. Such shall be clearly incidental or subordinate to the residential use of a dwelling. All HOME OCCUPATIONS should obtain a zoning use permit for home occupations and shall comply with the regulations in §§ 155.180 through 155.185 of this chapter. Obtaining this permit will allow the village to verify that the HOME OCCUPATION is in compliance with the village ordinances, and will protect the operator from unjust complaints. Those HOME OCCUPATIONS that do not comply with said regulations are required to apply for a special use permit. HOME OCCUPATIONS do not include occasional yard, rummage or garage sales for purposes of this chapter. Those HOME OCCUPATIONS who make their goods or services available to members of the general public causing a steady and recurring flow of customers that stop regularly or visit unannounced, shall also be required to obtain a special use permit.
KENNEL. Any lot or premises on which two breeding females, or three or more dogs or cats over four months of age, are kept.
LOT. A portion of a subdivision or other parcel of land with frontage on or access to a public street and intended for transfer of ownership or building development.
LOT, CORNER. A lot situated at an intersection of two streets, the interior angle of such intersection not exceeding 100 degrees, nor less than 80 degrees.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. An interior lot which has a pair of opposite lot lines extending between two substantially parallel streets. On a DOUBLE FRONTAGE LOT, both street lines shall be deemed front lot lines.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision as recorded, pursuant to law.
LOT, OFF-STREET PARKING AREA. Land which is improved and used or a structure which is designed and used exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or commercial off-street parking spaces when permitted herein.
MOBILE HOME. A structure constructed for movement on the public highways as its own chassis that has sleeping, cooking, and plumbing facilities, it is intended for human occupancy year round that is being used for residential purposes, which is designed to be set on piers with the tie downs and skirted (as this structure is not designed to be supported on the outside perimeter by a foundation) and was constructed in accordance with state building codes and safety standards regulations in effect at time of construction.
MOBILE HOME PARK. Any site or tract of land under single ownership developed for human occupancy used for residential purposes primarily to provide parking and related services to 20 or more mobile homes, for revenue purposes (not including recreation vehicle).
MODULAR UNIT or MODULAR HOME.
(a) A factory-fabricated, transportable building or dwelling, that is designed to be used by itself or to be incorporated with other units into a structure that will be a finished building or used for residential purposes set on a permanent location supported by the outside perimeter on a permanent foundation set below the frost line.
(b) The modules are of standard dimensions designed to meet the requirements of single-family living, and transported over existing highways.
NON-CONFORMING STRUCTURE. A lawful structure which exists upon the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area lot coverage, height, yards, or other characteristics of the structure, or its location on the lot.
NON-CONFORMING USE. A use of a building or land which was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located, by reason of adoption of this chapter or amendment of this chapter, or by reason of annexation of territory to the village.
PARK MODEL. Recreation vehicle primarily designed as a temporary living quarters for recreation, camping, or seasonal use, built on a single chassis, mounted on wheels and having a gross trailer area not exceeding 400 square feet in the set-up mode. Two different types are offered:
(a) Type One. A vehicular, portable structure built on a chassis, less than eight feet and six inches designed for frequent travel on the highways; and
(b) Type Two. A vehicular, portable structure built on a chassis, usually 12 feet in width, being less mobile, designed to be set with tie downs and skirted, and plumbed into sewer or septic typically located in a resort or RV park location for an extended term.
RIGHT-OF-WAY. A strip of land taken of dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by topography or treatment) such as grade separation, landscaped areas, or bridges, and viaducts.
ROADWAY. A surfaced portion or the right-of-way or street available for vehicular traffic.
SATELLITE TELEVISION ANTENNA. An apparatus capable of receiving signals from geo-stationary orbital satellites.
SIGN. Any device designated to inform or attract the attention of persons not on the premises on which the sign is located, as regulated by this chapter.
SPECIAL USE. A use which has unusual characteristics when compared to the authorized uses in that district and require more careful consideration with respect to the objectives of this chapter and with respect to its effect on surrounding properties.
STORY. The part of a building between the surfaces of the floor and the ceiling immediately above, excluding basements, as herein defined.
STREET, MAJOR. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route such as Main Street, Magnolia Street, U.S. Route 36, and other county, state, and federal highways.
STREET, MINOR. A street primarily designed for providing access to residential, business, industrial, or other abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, advertising signs billboards, backstops for tennis courts, ball diamonds, bleachers, fences, and free-standing walls.
TRAVEL TRAILER or MOTOR HOMES. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, this unit is identified as a recreation vehicle by the manufacturer.
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 contained herein.
VARIANCE.
(a) A zoning adjustment which permits minor changes of district requirements where individual properties, not persons, are both harshly and uniquely burdened by the strict application of the law.
(b) The adjustment to the regulations shall be contrary to the public interest and not a result of the action of the applicant and not due to a mere personal hardship of the applicant.
YARD. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments, and furniture may be permitted in any YARD, subject to height limitations and requirements limiting obstruction of visibility.
(a) YARD, FRONT. A yard extending between side lot lines across the front of a lot and from the front line to the front of the principal building.
(b) YARD, REAR. A yard extending between side lot lines across the front of a lot and from the rear line to the rear of the principal building.
(c) YARD, SIDE. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
ZONING PERMIT. A document issued by the Building Commissioner authorizing the use of lots, structures, uses of land and structures, uses of land and structures, and the characteristics of the uses.
(Ord. 07-O-01, passed - -2007)