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(A) Rules of construction and interpretation.
(1) Intent. All provisions, terms, phrases, and expressions contained in this section shall be construed according to this subchapter’s stated purpose and intent.
(2) Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as including, such as, or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
(3) Computation of time. Unless the terms of a specific provision state otherwise (e.g., some provisions specify “business days”), periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other non-business/working days; however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.
(4) References to other regulations, publications and documents. Whenever reference is made to a ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.
(5) Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the village, unless otherwise expressly stated.
(6) Technical words. Technical words and phrases not otherwise defined in this subchapter that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(7) Mandatory and discretionary terms. The word shall is always mandatory, and the words may or should are always permissive.
(8) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(a) “And” indicates that all connected items, conditions, provisions, or events shall apply; and
(b) “Or” indicates that one or more of the connected items, conditions, provisions, or events shall apply.
(9) Tense and usage. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.
(10) Meaning. For the purpose of this subchapter, words and phrases shall have the meanings set forth in this section.
(11) Other terms not defined. Words and phrases not otherwise defined in this ordinance shall be construed according to the common and approved usage of American English.
ATTACHED DWELLINGS. A building or portion thereof designed for or used exclusively for residential purposes by two or more families or housekeeping units. Multi-family dwelling shall include apartment buildings, condominiums, elderly housing, and buildings where two or more dwellings are attached by common walls within a single structure. Attached dwelling shall also include dwellings attached to nonresidential uses.
BARS or TAVERNS. An establishment provided or dispensing, for on-site consumption, any fermented malt beverage, malt beverage, special malt, vinous, or spirituous liquors. The sale of food products including, but not limited to, sandwiches and light snacks may be a secondary use to the service of the aforementioned drinks.
CONTIGUOUS. Lots that share property lines but that are not separated by streets or public right-of-ways.
DBH. Diameter-at-breast-height and is used to measure the caliper of a tree trunk at the specific height of 4.5 feet above the ground.
DETACHED SINGLE-FAMILY DWELLINGS. A building designed for or used exclusively for residential purposes by one family or housekeeping unit that is not attached to any other dwelling unit.
DRIVE-THROUGH FACILITIES. An establishment that encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
FINANCIAL INSTITUTIONS. Establishments engaged in deposit banking. Financial institutions may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, credit unions, and other similar uses.
FREE-STANDING SIGN. A sign that is mounted on a freestanding pole or other support so that the bottom of the sign copy area is five feet or more above grade.
GOVERNMENT FACILITIES. A building or land used and/or controlled exclusively for governmental or public purposes by any department or branch of government including village, state, county, or other recognized public entity. Such use may include, but is not limited to, Village offices, public works, libraries, post offices, and other uses not defined separately within this subchapter. Government and public use shall not include schools or other educational facilities as defined elsewhere in this subchapter.
GPHPC. The Glendale Planning and Historic Preservation Commission.
GROUND-MOUNTED SIGN. Any sign placed upon or supported by the ground independent of any other structure.
HOSPITALS. A facility providing physical or mental health services, inpatient or over-night accommodations, and medical or surgical care of the sick or injured.
HOTELS. A building in which lodging, with or without meals, is offered for compensation and in which there are more than five sleeping rooms.
MEDICAL OR DENTAL CLINICS. Facilities providing medical, dental, psychiatric, surgical, or related services for persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors.
NET DENSITY. The number of residential uses per acre of land in a development, not including minimum required greenspace, cemeteries, detention and retention ponds, required buffering, and streets, roads and other paved surfaces, including parking, which are situated and designed for common vehicular use, as opposed to use by a specific residence.
NURSING HOMES, ASSISTED LIVING FACILITIES, AND OTHER CONVALESCENT HOUSING. Housing for the elderly or infirm in which three or more unrelated individuals may live on a short-term or long-term basis and where both food and care are provided for compensation. Such term shall not include hospitals, medical offices/clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OFFICE. Establishments providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, medical, dental, employment, advertising, design, engineering, accounting, and similar uses.
PARKING STRUCTURES. Parking garages or other physical structures designed and built to accommodate the parking of vehicles.
PARKS, GREENSPACE, and PLAYGROUNDS. Any park or recreational facility that requires grading of the land, the construction of facilities, lighting, or is developed for ball fields. This term shall also include passive recreational uses such as walking trails, greenspace, natural areas, and the like.
PUBLIC or PRIVATE EDUCATIONAL FACILITIES. Buildings or structures used to teach students. Educational facilities may include primary schools, elementary schools, middle schools, high schools. Educational facilities shall not include colleges, vocational schools, and other similar uses.
RELIGIOUS PLACES OF WORSHIP. An institution that congregations of people regularly attend to participate in or hold religious services, meetings, and other activities, including buildings in which the religious services of any denomination are held.
RESTAURANTS. An establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state, in individual servings.
RETAIL COMMERCIAL USES. Establishments primarily engaged in the sale of goods and materials to the general public. RETAIL COMMERCIAL USES may include, but are not limited to, bookstores, antique stores, convenience stores, bakeries, grocery stores, and other similar uses.
SERVICE COMMERCIAL USES. Establishments that primarily engage in rendering services to businesses including, but not limited to, printers, equipment rental, protective services, mailing, photo
finishing, and other similar uses. SERVICE COMMERCIAL USES do not include warehousing, self-storage facilities, or other similar storage or industrial uses or any other service use that requires outside storage of equipment or materials.
VILLAGE PLAN. The most recently adopted Glendale Village Plan or any amendment thereto.
VILLAGE ADMINISTRATOR. The Administrator of the Village of Glendale or their designee.
WALL SIGN. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.
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 a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the nearest portion of the main building shall be used. For the purposes of this section, front yard, side yard, and rear yard shall be defined below and are illustrated in Figure 2 as they relate to different lot configurations.
(a) YARD, FRONT. A yard extending across the front of a lot between the side lot 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 or entranceway.
(b) YARD, REAR. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the main building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches.
(c) YARD, SIDE. A yard between the main building and the side lot line of the lot extending from the front yard to the rear yard.
Figure 2: Location of Yards on an Interior, Corner, and Double Frontage Lot
(Ord. 2006-12, passed 5-1-06; Am. Ord. 2014-47, passed 12-1-14)