(A) Words used in the present include the future; words in the singular number include the plural and words in the plural include the singular; the word “shall” is mandatory and not permissive; the word “person” includes firm, association, trust, organization, partnership, company or corporation as well as individual.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDINGS. A subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land.
ADDITION. An extension or increase in usable floor area or height of a building or structure, including excavation within a structure.
ADJACENT. Nearby, but not necessarily touching.
ALLEY. A public thoroughfare not less than 16 feet wide nor more than 20 feet wide.
ALTERATIONS. Applied to a building or structure, means a change or re-arrangement in the structure parts or in the exit facilities.
APARTMENT. A suite of rooms, with cooking facilities and private bath and toilet facilities, used for living purposes. Each apartment shall be considered a dwelling unit.
APARTMENT HOUSE. A building containing more than one dwelling unit.
ATTIC. A space between the roof and the next lower ceiling, having an average clear height of less than seven feet, unfinished and not intended for use as living quarters.
AUTOMOBILE SERVICE STATION. A place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle. Sales and installations of auto accessories, washing, polishing, inspections and cleaning may be carried on incidental to the sale of the fuel and lubricants.
BASEMENT. A story, partly underground, which has not more than one-half its height measured from finished ceiling above the average grade of the adjoining ground. (A BASEMENT shall not be used as total living quarters for a family and shall not be included as a story for purpose of height measurements.)
BILLBOARD. Any structure or portion thereof upon which a sign or advertisement used as any outdoor display for the purpose of making anything known is displayed. This definition does not include any bulletin boards used to display official court or public office notices.
BLOCK. The property abutting on one side of a street between the two nearest intersecting streets or other natural barriers.
BOARDING HOUSE. A dwelling in which three, four or five rooms are occupied as guest rooms and in which food may be served to the occupants thereof. Any dwelling in which more than five rooms are occupied as guest rooms shall be deemed to be a hotel. A BOARDING HOUSE shall not include institutions for persons requiring physical or mental care by reasons of age, infirmity or disease.
BUILDING. A structure having a roof supported by columns or walls.
BUILDING AREA. The total area, taken on a horizontal plane at the maximum projected area of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT. The vertical distance measured from the natural grade level to the highest level of the roof surface of flat roofs, to the deck line of measured roofs or the average height between eaves and edge for gable, gambrel and hip roofs. The building height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, flues, vents, flagpoles, radio towers, TV towers, public conservation towers or airway beacons nor to any bulkhead, elevator, water tank or similar structure extending above the roof and occupying an aggregate area of not greater than 25% of the horizontal projected roof area.
BUILDING LINE. A building line corresponds to the rear boundary of the front yard.
BUILDING, MAIN BUSINESS. A building in which is conducted the principal use of the lot on which it is situated.
BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares or merchandise; the maintenance or operation of offices or recreational or amusement enterprises operated for profit.
COMMERCIAL VEHICLE. A passenger car, truck or bus designed and operated for the purpose of monetary gain.
CONTIGUOUS. In contact with, touching.
CORNER LOT. See LOT AREA.
COURT. Any space, other than a yard, on the same lot with a building or group of buildings and which is unobstructed and open to the sky above the floor level of any room having a window or door opening on such court. The width of a court shall be its horizontal dimension.
DEPTH OF REAR YARD. The average horizontal distance between the rear line of the main building and the center line of the alley or easement; otherwise, the rear of lot line.
DISTRICT. A portion of the village within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter; generally referred to as a ZONING DISTRICT.
DRIVE-IN RESTAURANT. See RESTAURANT.
DRIVE-IN THEATER. An open air theater designed for viewing by the audience from motor vehicles.
DWELLING, ONE-FAMILY. Any building containing one dwelling unit.
DWELLING UNIT FAMILY. A group of rooms or a room occupied or a room intended for human occupancy.
FAMILY. A group of one or more persons occupying a building and living and cooking in a single dwelling unit. No unrelated group living and cooking in a single dwelling unit shall consist of more than six persons, as distinguished from a group occupying a boarding house or hotel.
FRONTAGE. All property on one side of a street between two intersecting streets or natural barriers.
GARAGE, PRIVATE. An accessory building designed for occupancy by the passenger motor vehicles of the family residing on the same lot. This may include commercial vehicles under one ton capacity. Noncommercial vehicles of persons not resident on the lot may occupy up to one-half the capacity of the garage.
GARAGE, PUBLIC. Any building, other than that herein defined as a private garage, used for the storage or care of motor vehicles or where any vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GRADE, STREET. The elevation of the center of a street in front of the center of a building, as established by the Village Engineer.
GUEST ROOM. A room occupied for hire by one or more persons in which no cooking facilities are provided.
HOME OCCUPANCY.
(a) An occupation or a profession conducted for monetary gain which:
1. Is customarily carried on within a dwelling unit;
2. Is carried on by a member or members of the family residing in the dwelling unit;
3. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
4. Conforms to the following additional conditions:
a. The occupations or professions shall be carried on wholly within the principal building;
b. Not more than one resident on the premises, outside of the family, shall be employed in a home occupation;
c. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupancy or variation from the residential character of the principal building;
d. No offensive noise, vibration, smoke, dust, odors, radiations, heat or glare shall be produced; and
e. The activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m.
(b) A home occupation shall not include, among others, the following: commercial stables, veterinary hospitals, poultry farms, kennels and restaurants.
HOSPITALS. A place for the treatment or care of human ailments and, unless otherwise specified, includes a sanitarium, clinic, maternity home, rest home, home for the aged and convalescent home.
HOTEL. A building other than a boarding house or a motel, as defined herein, which building contains more than five guest rooms.
JUNK YARD. The use of a lot, or portion thereof, for the storage, keeping or abandonment of junk, dismantled automobiles or other vehicles or machinery or parts thereof including scrap metals, rags or other scrap materials.
LAUNDRY, SELF-SERVICE. A building in which washing machines and/or dryers are provided on a rental basis for use by individuals doing their own laundry.
LIVING FLOOR AREA. The horizontal projected area of a residential dwelling as measured by the exterior dimensions of the building, exclusive of garages, carports, breezeways and porches.
LOADING SPACE LOT. An off-street space on the same lot as a building and its accessory building, if any; the open parking spaces required by this chapter and having adequate access to a public street.
LOT. A parcel of tract of land (where the boundaries and dimensions of the parcel or tract of land are entered on the current maps of record of the county), located within a single block, occupied by or intended for occupancy by one principal building or principal use and having access to a street.
LOT AREA. The total horizontal projected area within the lot lines of a lot.
LOT, CORNER. A lot located at the junction of and abutting on two or more streets where the interior angle of intersection does not exceed 135 degrees. A CORNER LOT shall be considered to be in that block in which the lot fronts.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along a line joining the midpoints of the front and rear lot lines.
LOT, INTERIOR. A lot having but one side abutting on a street.
LOT LINES. The lines bounding a lot, as defined herein.
(a) FRONT (LOT LINE). The front property line of a lot shall be determined as follows.
1. CORNER LOT. The front property line of a corner lot shall be either of the two lines adjacent to the street, but not both.
2. INTERIOR LOT. The front property line of an interior lot shall be the line bounding the street frontage.
3. THROUGH LOT. The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where the property line is not obviously evident, the Zoning Board of Appeals shall determine the front property line. A lot over 200 feet deep may be considered, for the purpose of this definition, as two lots each with its own frontage.
(b) REAR (LOT LINE). The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet in length, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be a line not less than ten feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.
(c) SIDE (LOT LINE). The side property lines of a lot are those lines connecting the front and rear property lines of a lot.
LOT, THROUGH. A lot abutting two parallel or approximately parallel streets.
LOT WIDTH. The width of a lot shall be:
(a) If the side property lines are parallel, the distance between these side lines, measured at the building line; or
(b) If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot, as measured at the building line, for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lot lines.
MAINTENANCE. The replacing of a part or parts of a building which have been made unusable by ordinary wear or tear or by the weather.
MOTEL. A building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance and toilet facilities, used primarily for the accommodation of automobile travelers and providing automobile parking space on the premises.
MULTIPLE DWELLING. A building containing two or more dwelling units.
NONCONFORMING BUILDINGS. A building or structure lawfully existing at the effective date hereof and which does not conform with the use regulations of this chapter as they apply to the district in which the lot, building or structure is located.
NONCONFORMING USE. Use of a lot, building or structure lawfully existing at the effective date hereof which does not conform with the use regulations of this chapter as they apply to the district in which the lot, building or structure is located.
PARKING AREA, PRIVATE. An open area for the same use as a private garage.
PARKING LOT. A parcel of land devoted to unenclosed parking spaces for five or more vehicles for compensation or otherwise.
PARKING SPACE, OFF-STREET. An area in the form of a rectangle, measuring not less than nine feet in width and 20 feet in depth, and an additional 120 square feet shall be provided for each parking space for maneuvering and access space giving access thereto for the parking of, or temporary storage of a passenger automobile.
PORCH, OPEN. A roof partially supported by columns which shall be no larger than 144 square inches nor closer together than four feet on centers, any portion of which extending into a front or side yard shall have no inclosure by walls, screens, lattice or other material, which porch is used solely for ingress and egress and not for occupancy as a sleeping porch or washroom.
PRIVATE USE. One which is restricted to the occupants of a lot or building, together with their guests, where compensation for the use is not received, and where no business or commercial activity is associated with the use of building.
PROFESSIONAL USE. The rendering of services of a professional nature by:
(a) Architects, engineers and surveyors who are licensed by the State Department of Registration and Education;
(b) Doctors, osteopaths and dentists who are licensed by the State Department of Registration and Education;
(c) Lawyers who are admitted to practice before the Supreme Court of the state;
(d) Certified public accountants who are licensed by the State Department of Registration and Education; and
(e) Licensed chiropractors, chiropodists, Christian Science practitioners, optometrists and naprapaths.
PROHIBITED USE. A use which is not specifically permitted nor analogous to those specifically permitted.
RESTAURANT. A food service establishment where food is served either on the premises for consumption inside the establishment or for carrying off the premises for consumption elsewhere.
RESTAURANT, DRIVE-IN. A food service establishment, with or without interior facilities for eating, which caters to and permits the consumption of food either in a customer’s automobile parked on the premises or in any other designated area on the premises outside the building where the food is prepared.
RETAIL TOBACCO STORE. A retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. RETAIL TOBACCO STORE does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food or restaurant license.
ROOMING HOUSE. Same as BOARDING HOUSE.
SCHOOL. A place of general instruction including college but not including business colleges, nursery schools, dancing schools, riding academies or specialized trade or vocational schools.
SERVICE STATION. Same as AUTOMOBILE SERVICE STATION.
SIGN. Any words, numbers, figures, devices or trademarks by which anything is made known, other than billboards or house numbers, such as are used to identify any individual, firm, profession or business and are visible to the general public.
(a) AREA OF A SIGN. The area in square feet of the smallest geometric or combination of regular geometric figures, which figure or figures enclose both the copy and facing of the sign.
(b) ELECTRIC SIGN. A sign served or energized with electric current for the purpose of illumination or for any other purpose.
SLEEPING ROOM. A room, other than a guest room, in which no cooking facilities are provided.
STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches above the average grade level, shall not be considered a story. A mezzanine floor shall be considered a STORY if it exceeds 40% of the area of the floor next below it.
STORY-HALF. A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite walls, are not more than four feet above the finished floor of the story.
STREET. A public thoroughfare or land dedicated for such purpose which affords the principal means of pedestrian and vehicular access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders or any substantial change in the exterior walls or the roof, excepting alterations as may be required for the safety of the building.
USE. The purpose for which land or premises or a building or structure thereto is designed, arranged or intended or for which it is occupied or maintained, let or leased.
USED CAR SALES BUSINESS. A motor vehicle sales business engaged in buying, selling or exchanging used motor vehicles at an established place of business for such purpose.
YARD. A required space, other than a court, on any lot, unoccupied by a structure and unobstructed from the ground upward, except as otherwise provided herein, and measured as the minimum horizontal distance from a building or structure to the property line opposite the building line.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the horizontal distance measured along a line perpendicular to the front lot line between the front line and the nearest part of a building constructed or to be constructed on the lot.
YARD, REAR. An open space (unoccupied except for accessory buildings) on the same lot with the main building, between the rear line of the main building and the rear line of the lot, for the full width of the lot.
YARD, SIDE. An open space, unoccupied, on the same lot with the main building, between the building and the side lot line and extending from the front yard to the rear yard.
ZONING DISTRICT. A district identified as to permitted uses therein.
(Prior Code, § 9B-1-1) (Ord. 740, passed 6-7-1979; Ord. 741, passed 6-7-1979; Ord. 2646, passed 5-19-2022)