For the purpose of this title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING OR USE:
(A) An accessory building or use is one which:
1. Is subordinate to and serves a principal building or principal use;
2. Is subordinate in area, extent or purpose to the principal building or principal use served;
3. Contributes to the comfort, convenience or necessity of the occupant of the principal building or principal use served; and
4. 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.
(B) An accessory use includes, but is not limited to, the following:
1. A children's playhouse, garden house and private greenhouse.
2. A shed, garage or building or domestic storage.
3. Incinerators incidental to residential use.
4. Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.
5. Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations.
6. Swimming pool, private, for use by the occupant and his guest.
7. Off street motorcar parking areas, and loading and unloading facilities.
8. Signs, other than advertising signs, as permitted and regulated in each district incorporated in this chapter.
9. Carports.
10. Public utility facilities, including telephone, electric, gas, water and sewer lines, their supports and incidental equipment.
(C) Notwithstanding anything to the contrary herein, an accessory building or use shall not include a building intended and used as a playhouse for minor children if the building is not greater than five feet (5') wide and seven feet (7') long as buildings are typically measured according to the terms of village ordinances.
ALLEY: A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.
APARTMENT: A room or suite of rooms in a multiple- or two-family dwelling, or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family.
APARTMENT HOUSE: See definition of Dwelling, Multiple.
BASEMENT: A story having part but not more than one-half (1/2) of its height below grade. A basement shall not be counted as a story for the purpose of height regulation.
BOARDING HOUSE: A building other than a hotel where, for compensation, meals or lodging and meals, are provided for three (3) but not more than twelve (12) persons.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge, for gable, hip and gambrel roofs.
CELLAR: A story having more than one-half (1/2) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
DISTRICT: A section or sections of the village for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and intensity of use are uniform.
DWELLING: Any building or portion thereof, but not a trailer, which is designed and used exclusively for residential purposes.
DWELLING, MULTIPLE: A building designed for or occupied exclusively by more than two (2) families.
DWELLING, ONE-FAMILY ATTACHED: A dwelling unit having its own ground floor entrance and joined to one or more one-family attached dwellings by party walls.
DWELLING, SINGLE-FAMILY: A building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY: A building designed for or occupied exclusively by two (2) families.
FAMILY: One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five (5) persons, as distinguished from a group occupying a "boarding house", "lodging house" or "hotel", as herein defined.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals for the use or consumption of the person or persons operating the farm. The term "farming" includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include the feeding of garbage or offal to swine or other animals.
FENCE AND WALL: Includes any barrier structure, wall of posts, rails,gates and any other members, not part ofabuilding or natural screening, constructed ofwood, metal, wire, masonry, plastic, stone,chainlink, wire mesh and any other materials,placed or used in whole or in part as aboundary or as an ornamental feature or as means of protection, security, screening, privacy or confinement, or otherwise serving the functions commonly ascribed to a fence or wall, but shall not include any wall constructed timbers, masonry or other materials for the principal purpose of maintaining a terrace or controlling erosion; or any natural growing hedge, shrub or other plant life.
FILLING STATION: Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
FRONTAGE: All property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE:
Class I: An accessory building housing 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. Not more than one of the vehicles may be a commercial vehicle and none shall be of more than three (3) tons' capacity.
Class II: Any building or premises used for housing only of motor driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold and motor driven vehicles are not equipped, repaired, hired or sold.
Class III: Any building or premises used for the housing, hiring, storing, equipping or repairing of motor driven trucks, commercial or other vehicles owned, leased or operated by the occupant of the premises in the conduct of or as accessory to a business or occupation.
Class IV: Any building or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor driven vehicles.
GRADE:
(A) For buildings having walls adjoining one street only, the established elevation of the sidewalk at the center of the wall adjoining the street.
(B) For buildings having walls adjoining more than one street, the average of the established elevation of the sidewalk at the centers of all walls adjoining the streets.
(C) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(D) Any wall approximately parallel to and not more than twenty feet (20') from the street line is to be considered as adjoining the street.
HOME OCCUPATION: Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate nor more than one square foot in area or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed there other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic or household purposes.
HOTEL: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house.
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
LODGING HOUSE: A building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for a definite period, for compensation, for three (3) or more, but not exceeding twelve (12) individuals, not open to transient guests, in contradistinction to hotels open to transients.
LOT: A parcel of land occupied or intended for occupancy by a use permitted in this title, including one main building together with its accessory buildings, the open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT OF RECORD: A lot which is a part of a subdivision, the map of which has been recorded in the office of the recorder of deeds or a parcel of land, the deed to which was recorded in the office of the recorder of deeds prior to the date of the adoption of this title.
MANUFACTURING OR INDUSTRY: Any use in which the major activity is the treatment, processing, rebuilding, repairing or wholesale storage of materials, products or items and where the finished product is not acquired by the ultimate user on the premises, as distinguished from a retail use where the treatment, processing, repairing or storage is secondary to the sale, exchange or repairing of materials or products on the premises.
NONCONFORMING USE: Any building or land lawfully occupied by a use at the time of passage of the original zoning ordinance or any amendment thereto, which does not conform after the passage of the zoning ordinance or amendments thereto with the use regulations of the district in which it is situated.
PARKING SPACE: A durably surfaced area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, and if the space is unenclosed comprising an area of not less than one hundred forty (140) square feet, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.
PLACE: An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
ROOMING HOUSE: See definition of Lodging House.
ROW HOUSE: A group of two (2) or more but not exceeding four (4) single-family dwellings separated by walls without openings, not more than two (2) rooms deep.
SERVICE ESTABLISHMENTS: Shops wherein the major activities are the repair and maintenance of wearing apparel, sporting goods and articles for use in the home including household appliances.
STABLE: A building accommodating one or more horses.
STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall space not more than three feet (3') above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use.
STREET: All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
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 roof or in the exterior walls.
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 and pergolas.
TOURIST OR TRAILER CAMP: An area containing one or more structures, designed or intended to be used as temporary living facilities of two (2) or more families, and intended primarily for automobile transients or providing spaces where two (2) or more tents or auto trailers can be or are intended to be parked.
TRAILER: Any structure used for living, sleeping, business or storage purposes having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which is, has been, or reasonably can be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car and house car.
YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard, or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps.
YARD, REAR: A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard line. (Ord. 215, 9-17-1962; amd. Ord. 574, 3-9-2004; Ord. 750, 10-14-2014; Ord. 697, 1-12-2016)