For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTS, ABUTTING. To have a common property line or district line.
ACCESSORY BUILDING. A subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. Where an ACCESSORY BUILDING is attached to and made a part of the principal building such accessory building shall comply in all respects with the requirement of this chapter applicable to the principal building.
ACCESSORY USE. See USE, ACCESSORY.
ADJACENT. To lie near or close to; in the neighborhood or vicinity of.
ADJOINING. Touching or contiguous, as distinguished from lying near.
ADULT USE. Adult use includes the following:
(1) ADULT BOOKSTORE. An establishment having a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin- operated means, and other periodicals which are distinguished or characterized by their emphases on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of the materials based upon its signage, advertising, displays, actual sales, presence of video review or coin-operated booths, the exclusion of minors from the establishment’s premises, or any other factors that the establishment’s primary purpose is to purvey such material.
(2) ADULT CABARET. A public or private establishment which:
(a) Features topless dancers, strippers, male or female impersonators;
(b) Not infrequently features entertainers who display specified anatomical areas; or
(c) Features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of specified sexual activities.
(3) ADULT MASSAGE PARLOR. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electronic or magnetic treatment, or similar treatment or manipulation of the human body is administered for the primary purpose of sexual stimulation or arousal, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(4) ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or “specified anatomical areas”.
(5) ADULT MODELING STUDIO. An establishment where the primary business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by the customers.
(6) ADULT MOTION PICTURE THEATER. An enclosed building with a capacity for 50 or more persons used regularly and routinely for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(7) ADULT PARAPHERNALIA STORE. Any retail store specializing in the sale of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(8) ADULT VIDEO STORE. An establishment having a substantial portion of its stock in trade films, video tapes, video disks or similar items whether for sale or rental, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(9) ADULT ENTERTAINMENT PRODUCTS. Goods as defined under the Illinois Commercial Code which, in any way, further the purposes or intentions of the definition of “adult use”, all of which are incorporated herein.
AGRICULTURE. Land; or land, buildings, and structures, the principal uses of which are growing of farm or truck garden crops and one or more of the following: dairying, pasturage, agriculture, horticulture, floriculture, viticulture or animal and poultry husbandry, and accessory uses customarily incidental to agricultural activities including but not limited to the farm dwelling, dwellings for tenants and full-time hired farm workers and dwellings or lodging rooms for seasonal workers.
ALLEY. A right-of-way, which affords a secondary means of vehicular access to abutting properties.
ALTERATION. A change in size, shape, occupancy or use of a building or structure.
ANIMAL HOSPITAL. A building or portion thereof designed or used for the care, observation or treatment of domestic animals.
AUTOMOBILE LAUNDRY. A building or portion thereof containing facilities for washing more than two motor vehicles, using production-line methods.
AUTOMOBILE SERVICE STATION. A building or portion thereof or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles or boats are offered for sale or rent. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
AUTOMOBILE WRECKING YARD. An area of land where three or more motor vehicles, or vehicles, machinery or equipment drawn or operated by attaching to motor vehicles or mechanical unit - not in or being restored to running or operable condition - or parts thereof are stored in the open and any land, building or structure used for wrecking or storing prior to wrecking of the motor vehicles, vehicles, machinery or equipment or parts thereof.
AWNING. A roof-like mechanism, retractable in operation, which projects from the wall of a building.
BASEMENT. A story having part but not more than one-half of its floor to clear ceiling height below grade. When a basement is used for storage, or garages for use of occupants of the building, or other facilities common for the operation and maintenance of the entire building, it shall not be counted as a story.
BLOCK. A tract of land bounded by street, or by a combination of street and public parks, railroad rights-of-way, or other lines of demarcation.
BOARDING HOUSE. A residential building, or portion thereof; other than a motel, apartment hotel, or hotel; containing lodging rooms for accommodation of three but not more than ten persons who are not members of the keeper’s family and where lodging or meals or both are provided.
BUILDABLE AREA. The portion of a lot bounded by the required rear yard, side yards and front yard.
BUILDING. A structure built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by a party wall then such portion shall be deemed to be a separate BUILDING.
BUILDING, ACCESSORY. See ACCESSORY BUILDING.
BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot.
BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or structures, by a permanent roof and by exterior or party walls, pierced only by windows and normal entrance and exit doors.
BUILDING, TEMPORARY. Any building not designed to be permanently located at the place where it is, or where it is intended to be temporarily placed or affixed.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING, HEIGHT OF. The vertical distance from 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 or gambrel roofs. Chimneys, towers, spires, elevator penthouses, cooling towers and similar projections other than signs shall not be included in calculating building height.
BUILDING INSPECTOR. The Building and Zoning Officer of the village or his or her duly authorized representative.
BULK. The term used to indicate the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following:
(1) Size and height of buildings;
(2) Location of exterior walls;
(3) Floor area ratio;
(4) Open space allocated to buildings; and
(5) Lot area and lot width 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.
CARGO CONTAINER. A standardized reusable vessel that was:
(1) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(2) Designed for or capable of being moved or moved on a rail car; and/or
(3) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
CARPORT. A roofed structure entirely open on two or more sides used for the storage of a private or pleasure type vehicle and is usually formed by extension of the roof from the side of another building, and except for structural supports, is entirely open on two or more sides.
CELLAR. An area having more than one-half of its floor to clear ceiling height below grade and which is not counted as a story.
CLINIC, MEDICAL OR DENTAL. A building or portion thereof, the principal use of which is for offices or physicians or dentists or both, for the examination and treatment of persons on an out-patient basis.
CLOSED CUP FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The tag closed cup tester shall be authoritative for liquids having a flash point below 175°F and 300°F.
CLUB OR LODGE, PRIVATE. A non-profit association of persons who are bonafide members and whose facilities are restricted to members and their guests. Food and alcoholic beverages may be served on its premises provided they are secondary and incidental to the principal use.
CONFORMING BUILDING OR STRUCTURE. A building or structure which:
(1) Complies with all the regulations of this chapter or of any amendment thereto governing bulk of the district in which the building or structure is located; or
(2) Is designed or intended for a permitted or conditional permitted use as allowed in the district in which it is located.
DISTRICT. A section or part of the village within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-IN ESTABLISHMENT. An establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons’ automobiles parked on the premises.
DWELLING. A building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family and multiple- family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels or lodging houses.
DWELLINGS, ATTACHED. A dwelling joined to two other dwellings by party walls, or vertical cavity walls, and above ground physically unifying horizontal structural elements.
DWELLING, DETACHED. A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, SEMI-DETACHED. A dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and above ground physically unifying horizontal structural elements.
DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit in a detached building unless otherwise specified.
DWELLING, TWO-FAMILY DETACHED. A dwelling containing two dwelling units only, one above the other.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
DWELLING UNIT. One or more rooms which are used for living quarters for one family only. Individual bathrooms, and complete kitchen facilities, permanently installed to serve the entire family, shall always be included within each DWELLING UNIT.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal rooms.
ELECTRIC DISTRIBUTION CENTER. A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION. A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
ESTABLISHMENT, BUSINESS. A structure, or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
FALLOUT SHELTER. An accessory building and use which incorporates the fundamentals for fallout protection; shielding mass, ventilation and space to live and which is constructed of such materials, in such a manner, as to afford to the occupants substantial protection from radio-active fallout.
FAMILY. One person or two or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than four persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A FAMILY may include, in addition thereto, not more than two roomers, boarders or permanent guests; whether or not gratuitous.
FENCE. A structure, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.
FLOOD-CREST ELEVATION. The elevation of the highest flood level that has been or may be subsequently designated by the Village Engineer. The FLOOD-CREST ELEVATION designated by the Village Engineer shall be based upon a storm water drainage map showing flood-crest elevations at appropriate locations as approved by the Board of Trustees.
FLOODPLAIN AREA.
(1) That continuous area adjacent to a stream or stream bed, or any stormwater retention area and its tributaries, whose elevation is equal to or lower than the flood crest elevation including also land having an elevation higher than flood-crest elevation but less than ten acres in area and surrounded by land in a floodplain area or an area of the elevation secured by land fill projecting into a
FLOODPLAIN AREA.
(2) Any point shall be deemed to be within the floodplain area if it falls below the elevation of a high-water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the afore described projection of any two high-water marks shall be deemed within the floodplain area if it is at an elevation equal to or lower than similar projections of the interpolated flood crest elevation is the calculated elevation of the flood crest at the center line of the stream between two known flood crests of the nearest upstream and downstream high-water marks and the difference in elevation between the flood crest at this location and at either of the high-water mark projections is directly proportional to the difference in stream center line distance between the two high-water mark projections.
FLOOR AREA; FOR DETERMINING FLOOR AREA RATIO. The sum of the gross horizontal areas of the several floors including also the basement floor of a building measured from the exterior faces of the exterior walls, or from the center lines of walls separating two buildings. The FLOOR AREA shall also include the horizontal areas on each floor devoted to: elevator shafts and stairwells; mechanical equipment, except if located on the roof, when either open or enclosed, i.e. bulkheads, water tanks, and cooling towers; habitable attic space as permitted by the Building Code of Grundy County; interior balconies and mezzanines; enclosed porches; and accessory uses. The FLOOR AREA of structures used for bulk storage of materials, i.e., grain elevators, petroleum tanks, shall also be included in the FLOOR AREA and the FLOOR AREA shall be determined on the basis of the height of the structures with one floor for each ten feet of structures height and if such structure measures less than ten feet but not less than five feet over the floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the FLOOR AREA.
FLOOR AREA; FOR DETERMINING OFF- STREET PARKING AND OFF-STREET LOADING REQUIREMENTS. “Floor area” when prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas of the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.
FLOOR AREA RATIO. The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of the lot. The FLOOR AREA RATIO as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible “floor area” for the building or buildings on the lot.
FREE BURNING. The rate of combustion of a material which burns actively, and easily supports combustion.
FREIGHT TERMINAL. A building or area in which freight brought by motor truck or railroad freight cars is assembled or stored for routing in intra- state or inter-state shipment by motor trucks or railroad freight cars.
GARAGE, PRIVATE. An accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than one and one-half ton capacity.
GARAGE, PUBLIC. A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, or repairing motor vehicles. Hiring, selling or storing of motor vehicles may be included.
GARAGE, STORAGE or OFF-STREET PARKING. A building or portion thereof designed or used or land used exclusively for storage of motor vehicles, and in which motor fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired or sold.
GRADE. The established grade of the street or sidewalk. Where no such grade has been established, the GRADE shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the GRADE shall be the average elevation of the street adjacent to the property line, except in cases of unusual topographic conditions as determined by the Building Inspector grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure.
GROSS DENSITY. The ratio between total number of dwelling units on a lot and total lot area in acres.
GROUND FLOOR AREA. The lot area covered by a principal building, measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.
GUEST, PERMANENT. A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his or her domicile and place of permanent residence.
HOME OCCUPATION. Any gainful business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes.
HOTEL. An establishment containing lodging rooms, for occupancy by transient guests in contradistinction to a lodging house, boarding house, or a rooming house, and which provides customary hotel services such as: maid, telephone and secretarial, bellboy and desk services; and the use and upkeep of furnishing and laundry of linens.
HOTEL, APARTMENT. A hotel in which at least 80% of the hotel accommodations are occupied by permanent guests.
INCOMBUSTIBLE. A material which will not ignite nor actively support combustion during an exposure for five minutes to a temperature of 1,200°F.
INTENSE BURNING. The rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: Sawdust, magnesium (powder, flaked or strips), rocket fuels.
INSTITUTION. A building occupied by a not- for-profit corporation wholly for public or semi-public use.
JUNK YARD. An open area of land and any accessory building or structure thereon which is used primarily for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof, and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes an automobile wrecking yard, but does not include an establishment, located in the applicable Manufacturing District, engaged exclusively in processing of scrap iron or other metals to be sold only to establishments engaged in manufacturing of steel or metal alloys.
KENNEL. Any premises or portion thereof on which more than three dogs, cats or other household domestic animals over one year of age are kept, or on which more than two such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
LABORATORY. See RESEARCH LABORATORY.
LANDING STRIP, PRIVATE. A strip of land used or intended for use for the landing and take-off of the private aircraft of the owner or lessee of the landing strip and his or her guests and such accessory structures customarily incidental to the operations which may include one building for the storage and maintenance of not more than two such private aircrafts.
LAUNDERETTE. A business that provides coin operated self-service type washing, drying, dry- cleaning and ironing facilities, providing that: not more than four persons, including owners, are employed on the premises; and no pick-up or delivery service is maintained.
LOADING SPACE. A space within the principal building or on the same lot as the principal building providing for the standing, loading or unloading of trucks and with access to a street or alley.
LODGING HOUSE. A building originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper’s family. Lodging, or meals, or both are provided for compensation for three or more but not more than ten persons.
LODGING ROOM. A room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one LODGING ROOM for the purpose of this chapter.
LOT. A single parcel of land which is legally described and recorded as such, or which is one or more numbered lots or parts of the lots legally described and recorded as a part of a recorded subdivision plat, and in any case is located within a single block and having its principal frontage on a street or an easement or other common-use right-of- way, and which is designated by the owner at the time of application for a building permit as the site to be used, developed, or built upon as a unit under single- ownership or control. Therefore, a LOT may or may not coincide with a single lot of record.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT COVERAGE. The area of a lot occupied by buildings or structures, including accessory buildings or structures.
LOT, CORNER. A lot of which at least two adjacent sides abut for their full length upon streets; provided that the interior angle at the intersection of such two sides is less than 135 degrees.
LOT DEPTH. The mean distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, INTERIOR. A lot that is not a corner lot.
LOT LINES. The property lines bounding a lot.
LOT LINE, FRONT. The boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the FRONT LOT LINE.
LOT LINE, INTERIOR. A lot line which does not abut on a street.
LOT LINE, REAR. An interior lot line which is most distant from the front lot line, and parallel to the front lot line, and in the case of an irregular or triangular-shaped lot a line ten feet in length within the lot, which is parallel to and at maximum distance from 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 single lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Grundy County, Illinois.
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 more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines.
LOT WIDTH. The minimum distance between the side lot lines of a lot measured at the narrowest point within the front 30 feet of the buildable area.
MANUFACTURED PORTABLE CARPORT. A detached, factory manufactured accessory building customarily used as a carport, which may be moved without disassembly and is entirely open on two or more sides.
MANUFACTURING ESTABLISHMENT. An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.
MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building.
MICRON. A unit of length, equal to one- thousandth part of one millimeter, 0.001 millimeter.
MOBILE HOME. A trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross floor area of 240 square feet or more.
MOBILE HOME PARK. A lot, parcel or tract of land developed with facilities for accommodating two or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than 90 days after occupancy may be sold or offered for sale.
MODERATE BURNING. Implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: Wood timber and logs.
MOTEL. An establishment consisting of a group of attached or detached lodging rooms with bathrooms, and where more than 50% of the lodging rooms are used for occupancy by transient automobile tourists. Cooking facilities shall not be included in any of the lodging rooms, but one dwelling unit may be included for occupancy by the owner or manager of the MOTEL.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled or stored for routing in intra-state or inter- state shipment by motor truck.
MOTOR VEHICLE. A passenger vehicle, truck, truck-trailer, 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.
NO-ACCESS STRIP. A strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.
NON-CONFORMING BUILDING OR STRUCTURE. Any building or structure lawfully established which: does not comply with all the regulations of this chapter or of any amendment hereto governing bulk of the district in which such building or structure is located; or is designated or intended for a non-conforming use.
NON-CONFORMING USE. Any building or structure and the use thereof or the use of land that does not conform with the regulations of this chapter or any amendment thereto 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 the building, or structure was erected, enlarged or altered, and the use thereof or the use of land was established.
NOXIOUS MATTER OR MATERIAL. A material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects of the physical or economic well-being of individuals.
NURSERY SCHOOL. An establishment for the part-time care of five or more children of pre- elementary school age in addition to the members of the family residing therein.
NURSING HOME. A home for aged, chronically ill, care of children, infirm or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three or more persons not members of the family residing on the premises are received, and 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.
ODOROUS MATTER. Any material that produces an olfactory response among beings.
OFF-STREET PARKING AREA OR LOT. Land which is improved and used for 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 by district regulations.
OPEN SALES LOT. Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out-of-doors prior to sale. This merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.
PARKING SPACE. An area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle and which is accessible to and from a street or alley.
PARTY WALL. A common wall which extends from its footing below grade to the underside of the roof and divides buildings.
PERFORMANCE STANDARDS. A criteria established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare and radiation hazards generated by inherent in uses of land or buildings.
PLANNING AND ZONING BOARD. The Village Council.
PYROPHORIC DUST. A dust in a finely-divided state that is spontaneously combustible in air.
RADIATION HAZARDS. The deleterious and harmful effect of all ionizing radiation, which shall include all radiation capable of producing ions in their passage through matter. Such radiations shall include, but are nat limited to, electromagnetic radiations such as X-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.
RAILROAD RIGHT-OF-WAY. A strip of land containing railroad tracks and auxiliary facilities for track operations, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
REFUSE. All waste products resulting from human habitation, except sewage.
RESEARCH LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
RESERVOIR PARKING SPACES. Those off- street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
ROADWAY. That portion of a street which is used or intended to be used for the travel of motor vehicles.
SETBACK. The minimum horizontal distance between a street line and the nearest wall of a building, or side of a structure facing the street line, or edge of the area of operation of a principal use when no building or structure is involved.
SETBACK, ESTABLISHED. When 40% or more of the lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lots shall be the ESTABLISHED SETBACK for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this chapter.
SIGN. A name, identification, description, illustration, display or device which is affixed to, painted or represented upon a building, structure or land and which directs attention to a product, place, activity, person, institution, or business, for purpose of definition, a sign structure may be single face or double face. However, a sign shall not include any display of any court, public or official notice, nor shall it include the flag, emblem, insignia of a nation, political unit, school, religious or charitable institution or organization. A SIGN shall also include a permanent sign located within an enclosed building in such a manner as to be viewed or intended for view primarily from the exterior of the building.
SIGN, ADVERTISING. A structure including a billboard on which is portrayed information which directs attention to a business, commodity, service, or entertainment or other activity not related to use on the lot upon which the sign structure is located.
SIGN, BUSINESS. A sign which directs attention to a business, commodity, service, entertainment or other activity conducted on the lot upon which the SIGN is located.
SIGN, FLASHING. An illuminated sign on which the artificial light is not maintained constant or stationary in intensity or color at all times when the sign is in use. For the purpose of this chapter, a revolving sign, or any advertising device which attracts attention by moving parts, operated by mechanical equipment or movement is caused by natural sources, whether or not illuminated with artificial lighting, shall be considered a FLASHING SIGN.
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of a sign.
SIGN, GROUND. A sign which is supported by one or more uprights or braces in or upon the ground.
SIGN, PROJECTING. A sign which is affixed to any building wall or structure and extends beyond the building wall or parts thereof or structure more than 12 inches.
SIGN, ROOF. A sign erected, constructed, and maintained above the roof of any building.
SIGN, WALL. A sign which is affixed to an exterior wall of any building, when sign shall project not more than 12 inches from the building wall or parts thereof.
SMOKE. The visible discharge from a chimney, stack, vent, exhaust or combustion process which is made up of particulate matter.
STABLE, PRIVATE. A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling, but in no event for hire.
STABLE, PUBLIC. A building where horses are kept for remuneration, hire or sale.
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. The floor of a STORY may have split levels provided that there are not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as a story, except when used for storage, garages for, use of occupants of a building or other facilities common for the rest of the building. A mezzanine floor shall be counted as a story when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of the story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his or her family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET. A public or private right-of-way or easement which is designated as a permanent right-of-way or easement for common use as the primary means of vehicular access to properties abutting on it.
STREET, FRONTAGE. All of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of the dead-end street.
STREET LINE. The street right-of-way line abutting a property line of a lot.
STRUCTURE. Anything constructed or erected, the use of which requires more or less 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, back stops for tennis courts, and pergolas.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
TAVERN. An establishment where liquors are sold to be consumed on the premises but not including restaurants where the principal business is the serving of food.
TOURIST HOME. A building which contains a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation. Does not include a hotel, apartment hotel or motel.
TOURIST PARK. A parcel or tract of land containing facilities for locating three or more travel trailers or mobile homes, and for use only by transients remaining less than three months, whether or not a charge is made. An open sales lot in which automobiles or unoccupied trailers are parked for the purposes of inspection or sale is not included in a TOURIST PARK.
TOXIC MATTER OR MATERIAL. Those materials which are capable of causing injury to living organisms by chemical means.
TRAILER. Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for the use of an accessory building or structure in the conduct of business, trade, or occupation, and which may be used as a conveyance on streets and highways, by its own or other motive power.
TRAILER, CAMPING. A trailer designed and constructed for temporary dwelling purposes which does not contain certain built-in sanitary facilities and has a gross floor area of less than 130 square feet.
TRAILER, TRAVEL. A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities, and has a gross floor area of 130 square feet or more, but less than 240 square feet.
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 chapter.
USE, ACCESSORY. An accessory use is one which is incidental to the dominant use of the premises.
USE, CONDITIONAL PERMITTED. A use that has unusual operational, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted uses or conditional permitted uses in the district shall be required for a conditional permitted use, as regulated by this chapter.
USE, LAWFUL. The use of any building, structure, or land that conforms with all of the regulations of this chapter or any amendment hereto and which conforms with all of the codes, ordinances, and other legal requirements, as existing at the time of the enactment of this chapter or any amendment thereto, for the structure or land that is being examined.
USE, PERMITTED. Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and when applicable, performance standards of this chapter for the district in which the use is located.
USE, PRINCIPAL. The dominant use of land or buildings as distinguished from a subordinate or accessory use.
VENDING MACHINE. A machine for dispensing merchandise or services designed to be operated by the customer.
YARD. An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this chapter.
YARD, FRONT. A yard which is bounded by the side lot lines, front lot line, and the front yard line.
YARD, LINE. A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to the lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the YARD LINE and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this chapter.
YARD, REAR. A yard which is bounded by side lot lines, rear lot line, and the rear yard line.
YARD, SIDE. A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line.
YARD, SIDE-ADJOINING A STREET. A yard which is bounded by the front lot line, side yard adjoining a street line and rear lot line.
YARD, INTERIOR SIDE. A side yard which adjoins another lot or an alley separating the side yard from another lot.
ZONING ENFORCEMENT OFFICE. The Zoning Enforcement Office is the office of the Building and Zoning Officer of the Village from which the Building and Zoning Officer, and such deputies or assistants as may be duly appointed by the Board of Trustees shall administer and enforce the provisions of the Zoning Ordinance and to make such determinations, interpretations and orders as are necessary therefor, and require such plats, plans, and other descriptive material in connection with applications for permits as are necessary for him to judge compliance with this chapter in accordance with regulations set forth in this chapter.
ZONING DISTRICTS. The districts into which the village has been divided for zoning regulations and requirements as set forth on the zoning district map.
(Ord. passed 1-12-1976, § XIV-B; Ord. G-136, passed 4-24-1995; Ord. VG03-376, passed 10-13-2003; Ord. VG03-377, passed 10-13-2003; Ord. VG07-430, passed 6-11-2007)