1151.05 DEFINITIONS.
   As used in this Zoning Code, words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; and the word "structure" includes the word "building". In addition, unless otherwise provided or unless the context indicates otherwise:
   (a)   "Accessory structure" means a subordinate structure which is customarily incidental to and located on the same lot as the main or primary structure, such as a detached garage or utility building within a residential zoning district, provided that an accessory structure shall not encroach upon the front yard. An accessory structure shall not contain more than 100 percent of the first floor area of the main structure.
   (b)   "Accessory use" means a subordinate use which is customarily incidental to, and located on the same lot as, the main or primary use, such as, but not limited to, the use of a private family swimming pool, man-made ponds, a tennis court or a paddle tennis court within a residential zoning district, provided that an accessory use shall not encroach upon the front yard. An accessory use shall not contain more than 100 percent of the first floor area of the main structure.
   (c)   "Drive-in restaurant" means an eating establishment where the primary function is the service of food, frozen desserts or beverages prepared for consumption away from the premises (premises, as used herein, being a wholly enclosed building containing the kitchen and storage areas) by means of either a drive-through, drive-up or walk-up service regardless of limited table service or outdoor service on a patio or deck. The lack of a waiter or waitress service, the percentage of table space compared with the food preparation area and the manner of food disbursement shall all be considered in determining whether a proposed operation is a drive-in restaurant under this Zoning Code.
   (d)   "Established grade" means the elevation of the street as fixed by the Village.
   (e)   "Family" means one or more individuals living and cooking together on the premises as a single housekeeping unit, but such term shall not include a group of individuals occupying structures such as a dormitory house, a sorority house, a fraternity house, a convent, a monastery, or any similar educational, religious, philanthropic or nonprofit establishment.
   (f)   "Front yard" means an open unoccupied space on the same lot with a structure between the front line of the structure and the front line of the lot.
      (Ord. 2248. Passed 12-5-87.)
   (g)   "Height of a structure" means the vertical distance, measured from the established grade, or from the natural grade if higher than the established grade, to the highest point of the structure facing the street.
      (Ord. 2581. Passed 1-11-94.)
   (h)   "Least dimension" of a yard means the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.
   (i)   "Lot" means a parcel of land occupied by one structure and the accessory structures or accessory uses customarily incident to it, including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such structure.
   (j)   "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the structure.
   (k)   "Nonconforming use" means one that does not comply with the regulations of the use district in which it is situated.
   (l)   "Public notice" of a hearing or proceeding means ten days notice of the time and place thereof printed in a newspaper of general circulation in the Village.
   (m)   "Rear yard" means an open unoccupied space on the same lot with a structure between the rear line of the structure and the rear line of the lot.
   (n)   "Restaurant" means an eating establishment where food, frozen desserts or beverages are prepared and served by a waiter or waitress at tables or counters for consumption within a wholly enclosed building or contiguous outdoor area, any provision for take- out service of food being incidental.
   (o)   "Side yard" means an open unoccupied space on the same lot with a structure, situated between the structure and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
   (p)   "Single-family dwelling" and "dwelling" mean a detached structure arranged, intended or designed to be occupied by a single family. A house of two stories shall consist of not less than 2,000 square feet on the ground floor and not less than 24,000 cubic feet of free living space. A house of one story shall consist of not less than 3,000 square feet on the ground floor and not less than 24,000 cubic feet of free living space. "Free living space" is space bounded by inner walls, floors and ceilings, exclusive of basement area, garage, porches, utility room and other outside accessory enclosures.
      A basement is required containing not less than 500 square feet, such basement having not less than six feet, six inches in the clear from finished cellar floor to the underside of the joists of the first floor. Basement requirements may be waived by the Architectural Board of Review if, in the judgment of the Board, the owner is caused undue hardship and expense due to the nature of the subsoil condition, and where the topography of the land does not permit proper drainage for basement footing drains.
      Dwellings without a basement are required to have a utility room on the ground floor containing not less than 200 square feet in addition to the ground floor area hereinabove prescribed.
   (q)   "Street line" means the dividing line between the street and the lot.
   (r)   "Zoning Code" means Ordinance 450, passed June 13, 1938, as amended.
      (Ord. 2248. Passed 12-5-87.)