The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses, and the future the present.
C. The word "shall" is mandatory; the word "may" is permissive.
D. The masculine gender includes the feminine and neuter.
E. Whenever a word or term defined hereinafter appears in the text of this Chapter, its meaning shall be construed as set forth in the definition thereof and any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
F. All measurements are expressed in square feet and shall be to the nearest integral square foot; if a fraction is one-half (1/2) square foot or more, the integral square foot next above shall be taken.
The following words and terms, wherever they occur in this Chapter, shall be construed as herein defined:
ACCESSORY USE: A use customarily incidental and subordinate to the principal use of a building located on the same lot with the principal use of the building.
BASEMENT: The portion of a building located partly underground but having less than one-half (1/2) its clear floor-to-ceiling height below the average grade of the adjoining ground.
CELLAR: The portion of a building partly or wholly underground but having one-half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground.
COMMERCIAL ESTABLISHMENT: Shall include the following activities of commerce or commercial activities located in the village:
A. Food establishment is a building or premises or a portion thereof, the principal use of which is for the sale, dispensing, distribution or storage of food or foodstuff off the premises and out of the building.
B. Service establishment is a building or premises or a portion thereof, the principal use of which is for the rendering of personal or material services for profit; the wholesale distribution or storage of material goods or chattels; the sale, servicing or storage of motor equipment; the washing, cleaning, dyeing or repair of fabrics, wearing apparel or footwear on the premises; the storage, assembly, distribution, servicing or repair of building materials, electrical equipment or mechanical equipment; the storage or distribution of fuels or petroleum products; the services of printing, blueprinting, photocopying, multilithing, publishing, duplicating or similar reproduction services; the provision of facilities for instruction, training or participating in or presentation of the fine arts, athletic skills or dexterity or physical skills or dexterity.
C. Retail, wholesale, manufacturing establishment is a building or premises or portion thereof, the principal use of which is for the sale, manufacture or distribution of material goods or chattels not included with or related to the sale of material goods or chattels or the provision of services of food establishments or service establishments.
D. The storage of equipment, materials, trailers and/or vehicles in any building or upon any premises or portion thereof in connection with any commercial activity or commerce whether such commercial activity or commerce is conducted wholly within the village or elsewhere. Storage of trailers and/or vehicles includes the overnight parking of such trailers and vehicles.
FLOOR AREA: The sum total of the gross horizontal areas of all of the several floors of a building and its accessory buildings measured in square feet from the exterior faces of the exterior walls or from the centerline of party walls separating two (2) buildings or business establishments on each of the respective floors, and shall include the basement floor, cellar floor, elevator shafts and stairwells at each floor; motor vehicle parking space when such space is primarily used in conjunction with a drive-in commercial establishment; and commercial establishments devoted to the sale, service and/or repair of motor vehicles; floor space used for mechanical equipment, whether open or enclosed, including such equipment as may be located on the roof, penthouse, attic space, balconies, mezzanines, porches and verandas; floor area devoted to and occupied by accessory uses.
OWNER: Any individual, firm, association, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in a commercial establishment to maintain and manage its operation.
PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity. (1976 Code § 31.02; amd. Ord. 24-2005, 4-30-2005)