(A) In the construction of this chapter, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
(B) In further amplification and for clarity of interpretation of the context, the following definitions of word usage shall apply.
(1) Rules.
(a) Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.
(b) The words “shall” and “must” are mandatory and not discretionary.
(c) The word “may” is permissive.
(d) The word “lot” shall include the words “piece,” “parcel” and “plot;” the word “building” includes all structures of every kind regardless of similarity to buildings; and the phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “occupied for” and “maintained for.”
(e) All “measured distances” shall be exact to the nearest one-tenth foot.
(f) Where any other requirement of this chapter results in a fraction of a unit, the lower whole number shall be considered a whole unit and any fraction shall be disregarded.
(g) The word
CITY shall mean the City of Lake Forest.
(2) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS AREA. That land area which is an extended portion of a lot-in-depth or an easement area used to provide ingress and egress to one or more lots in a lot-in-depth subdivision.
ACCESSORY BUILDING OR USE. A building or use which:
1. Is located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter. (See Appendix D.)
2. Is incidental to and subordinate in purpose to the principal building or use;
3. Is operated and maintained solely for the comfort, convenience, necessity or benefit of the occupants, employees, customers or visitors of or to the principal building or use; and
4. May, but need not, be limited to one or more of the following:
a. Garden house, private greenhouse or a children’s playhouse;
b. A garage, carport, shed or other storage building;
c. The storage of merchandise or material normally carried in stock on the same zoning lot with any business or service; and
d. Public utility facilities.
ADDITIVE USES. Those uses identified in bold in § 159.116, the Use Matrix, that have been deemed to provide a desired use or to attract additional customers to the business districts.
ALLEY. A public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
AUTO LAUNDRY. A manned facility, enclosed in a building, for washing automobiles or other vehicles and utilizing such devices as a vehicle conveyor, blowers, steam cleaners, waxers or any other such mechanical devices.
AUTOMOBILE SERVICE STATION. A building or portion thereof, or premises used for dispensing, or offering for sale at retail, any automotive fuels or oils; or where battery, tire and other similar services are rendered. AUTOMOBILE SERVICE STATIONS do not include open sales and rental lots, as defined herein, the rebuilding, reconstruction or repair of motor vehicles except such repair that can be accomplished in six working hours or less in accordance with the Chilton Flat Rate Manual, or the storage of motor vehicles, other than the temporary storage of vehicles customarily incidental to the performance at such service station of services authorized to be performed hereunder. Facilities, other than auto laundry facilities, as defined herein, for the washing of not more than two vehicles at any time are permitted if enclosed in a building.
BASEMENT. The portion of a structure which may have part, but not more than one-half, of its height above grade.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines or waterways or municipal boundary lines.
BLUFF AREA. Includes all property within or adjacent to a bluff beginning at the point of intersection of a line with the table land, said line extending from the toe of the slope upward at a vertical angle of 22 degrees. (See Appendix A.)
BLUFF EDGE. The point on the lake side of the table land where the slope of the land first exceeds 10%. (See Appendix A.)
BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement, lodging and meals are provided for at least three, but not more than 12 persons who are not members of the principal family which occupies the building as a dwelling.
BORROW PIT. An excavation of rock, stone, sand, soil or other mineral as it is found in its natural state as part of the earth for the purpose of disposition away from the immediate premises and which shall be in excess of two feet in depth, or at least ten cubic yards in volume, that would be removed from one zoning lot in one year, not included are excavations for buildings, structures, highways, streets, private roads, driveways, underground utilities, drainage improvements or floodplain requirements which are authorized and controlled by other sections of the chapter, or other ordinances of the city.
BUILDING. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING AREA. The horizontal area of a building including all projections from the building.
BUILDING BULK. The term used to indicate the size and setbacks of buildings or structures and the location of a building or structure with respect to another building or structure, and includes the following:
1. Size and height of building;
2. Location of exterior walls at all levels in relation to lot lines, streets and other buildings or structures;
3. Gross floor area of buildings or structures in relation to lot area;
4. All open spaces allocated to buildings; and
5. Amount of lot area provided per dwelling unit.
BUILDING, DETACHED. A building surrounded by open space on the same zoning lot as the principal building but separated from the principal building by not less than ten feet.
BUILDING HEIGHT. The vertical distance from existing grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof; or to the top of gable, hip and gambrel roofs or to the top of any structure of substance thereupon, excluding required chimneys.
CANNABIS BUSINESS ESTABLISHMENT. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended, and includes an on-premises cannabis consumption establishment.
CAPACITY IN PERSONS OF AN ESTABLISHMENT OR USE. The maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable safety and comfort, as determined in the Fire Prevention Code of the city.
CLINIC, MEDICAL OR DENTAL. An organization of physicians or dentists licensed by the state who have their offices in a common building. A CLINIC shall not include in-patient care.
CLUBS, PRIVATE. Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, of which no part of the income is distributed directly or indirectly to its members, owners, directors or officers.
CRAFT GROWER. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.
CULTIVATION CENTER. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.
DESIGNER SHOWCASE DISPLAY HOMES AND/OR OTHER SIMILAR EVENTS. Those events where the contents or rooms of a house and/or grounds are shown to the public for a period of time exceeding three days in any two-week period and where the public pays an admission fee for such event.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to, buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISPENSING ORGANIZATION OR DISPENSARY. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.
DRIVE-IN ESTABLISHMENT. A place of business operated for the sale, dispensing or service of food, beverages, other commodities or services or entertainment, designed and equipped to allow its patrons to be served or accommodated while remaining in their automobiles. It may also allow patrons to serve themselves and consume food, refreshments or beverages in automobiles on the premises or elsewhere on the premises, but outside any completely enclosed structure. A place of business shall be considered a DRIVE-IN if, in addition to the consumption of food, refreshments or beverages in automobiles or elsewhere on the premise outside any completely enclosed structure, it allows the consumption of such products within a completely enclosed structure.
DRIVEWAY. An open space or a private thoroughfare, other than a street or alley, providing vehicular access to one zoning lot.
DWELLING. A building, or portion thereof, designed or used as living quarters including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels or motels or rooming and boarding houses.
DWELLING, ATTACHED. One which is joined to another dwelling at one or more sides by a party wall or walls or roof.
DWELLING, DETACHED. One which is entirely surrounded by open space on the same tot.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
DWELLING, TWO-FAMILY. A building containing two dwelling units only.
DWELLING UNIT. Consists of one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included for 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 room.
ESTABLISHMENT, BUSINESS. A place of business the ownership, proprietorship or management of which are separate and distinct from those of any other place of business.
FAMILY. Two or more persons related to each other by blood, marriage or legal adoption, living together as a single housekeeping unit; or a group of not more than three persons unrelated to each other by blood, marriage or legal adoption, living together as a single housekeeping unit exclusive of the usual domestic servants.
FARM. An area which is used for growing farm products such as vegetables, fruit, trees and grain, and their storage on the area. 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 fanning activities. The area may also be used for the raising of farm poultry and farm animals, but such use shall not include the slaughtering or processing of poultry or animals except for consumption by the person or persons owning or operating the farm, and provided further that farming does not include the feeding of garbage or offal to swine or other animals.
FARMERS’ MARKET. An annual, seasonal, outdoor event of which vendors offer locally grown produce and/or locally produced products to residents and visitors.
FENCE HEIGHT. The height measured from average ground level to top of fence; average around level being the mean elevation measured two feet on each side of the fence alignment.
FLOOR AREA. For the purpose of determining off-street parking and loading requirements, shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the walls, including accessory storage areas located within selling or working space, such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, FLOOR AREA for the purpose of determining off-street parking and loading requirements shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); FLOOR AREA devoted to utility purposes, stairwells or elevator shafts; FLOOR AREA devoted to off-street parking and loading facilities, including aisles, ramps and maneuvering space; or BASEMENT FLOOR AREA other than that area devoted to retailing activities, to production or processing of goods, or to business or professional offices.
FLOOR AREA, GROSS.
1. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings.
2. The
GROSS FLOOR AREA of a building shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in GROSS FLOOR AREA.
3. The
GROSS FLOOR AREA of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; i.e., ten feet in height shall equal one floor.
FLOOR AREA RATIO. An intensity measured as a ratio derived by dividing the gross floor area of a building or structure by the area of the zoning lot on which it is located.
FRONT LOT. In a lot-in-depth subdivision, is a lot which fronts on a public street and could be developed and provided access without the use of an access area.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if 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, REPAIR. A building or portion thereof, other than a private garage, designed or used for equipping, servicing or storing motor driven vehicle including doing general repair and body work.
GARAGE AND/OR HOUSE SALES. The sale of residential household or similar items on residential premises. This definition shall include such sales as yard sales, attic sales, lawn sales, auctions and similar type sales. It shall not be permitted for any merchandise to be sold that has been purchased or brought onto the property by the resident for the purpose of sale or resale.
GRADE, EXISTING. Established by either:
1. The building pad elevation, as shown on a subdivision grading plan as approved by the City Engineer; or
2. Where such plans do not exist, existing grade shall be the average elevation of the ground surface, in its natural state, measured at the corners of the proposed structure. For structures in excess of 100 feet in length, additional measurements at 100-foot intervals, measured from the lower corner to the higher corner, shall also be included in establishing the average. This comparison must be reviewed and approved by the City Engineer.
GROUND FLOOR AREA. The area contained within the outer plane of the enclosing walls of a building at grade, exclusive of garages, carports, unenclosed porches and unenclosed breezeways.
GUEST OR SERVANT HOUSE. A detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests or servants.
GUEST, PERMANENT. A person who occupies, or has the right to occupy, a hotel accommodation, boarding house or lodging house as his or her domicile and place of permanent residence.
GUEST, TEMPORARY. A person who occupies, or has the right to occupy, a hotel or motel accommodation, boarding house, lodging house or guest house as a transient and not as his or her domicile or place of permanent residence.
HOME OCCUPATION. Any work conducted in a home resulting in the sale of goods or services, or resulting in the taking of orders for such goods and services, either in or out of the home. All such home occupations shall conform to the standards set forth in § 159.080(B)(3). The standards for HOME OCCUPATIONS are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, and to clearly establish such home occupations as secondary and incidental in relation to the residential use of the property.
HOTEL. A building in which lodging, or boarding and lodging, is provided and offered to the public and in which access to all rooms is normally made through a supervised inside lobby or office. As such, it is open to the public in contradistinction to a boarding house, a lodging house or multiple-family dwelling and motel which are herein separately defined.
INCOMPATIBLE USE. A use or service which is unsuitable for direct association or contiguity with certain other uses because it is contradictory, incongruous or discordant.
INFUSER ORGANIZATION OR INFUSER. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.
KENNEL. A building used for housing or confining more than three dogs. The existence of more than three dogs, age six months or older, on a zoning lot, shall constitute a kennel and shall be subject to all regulations set forth herein.
LAKE, ARTIFICIAL. A human-made basin other than a swimming pool, designed or intended to permanently contain water, which shall have a depth of not less than two feet or a minimum area of 250 square feet at the low water stage.
LIMITED ACCESS HIGHWAY. A trafficway, including toll roads, for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
LOADING BERTH, OFF-STREET. A space on privately owned property adequate for parking, loading and unloading service vehicles and trucks together with properly related access to a public street or alley. Required off-street loading space for three or more vehicles shall have individual spaces marked and shall be designed, maintained and regulated so that no maneuvering incidental to parking, loading or unloading shall be on or across any public way or right-of-way.
LOT. A parcel of land which is either a “lot of record” or a “zoning lot.” (See Appendix A.)
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT AREA, MINIMUM. The area of a lot in any zoning district, exclusive of the area of any street, road, private road or access area or access easement on or across such lot.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. (See Appendix A.)
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries. (See Appendix B.)
LOT DEPTH, MINIMUM. Is equal to the minimum lot width as required by the applicable zoning district but in no case shall said depth be less than 125 feet.
LOT-IN-DEPTH. A lot in which the width of the access area for ingress and egress is less than the minimum lot width required for a lot in the zoning district in which the property is located.
LOT-IN-DEPTH SUBDIVISION. Any division of land which contains a lot-in-depth.
LOT, INTERIOR. A lot other than a corner or reversed corner lot. (See Appendix A.)
LOT LINE, FRONT. The boundary of a lot which abuts a public street, or where no public street exists, abuts a private road.
LOT LINE, REAR. That boundary of a lot which is most distant from and is or is most nearly, parallel to 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 lot which is part of a duly recorded plat of subdivision; or a parcel of land which has been conveyed by the identical description by a deed of record recorded prior to November 5, 1923; or a parcel of land conveyed by a deed of record, if on the date of the recording of said deed all the requirements of the subdivision and zoning ordinance then in effect were met.
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. (See Appendix A.)
LOT, THROUGH. A lot having a pair of opposite lot lines along two or more or less parallel public streets, and which is not a corner lot. On a THROUGH LOT both street lines shall be deemed front lot lines. (See Appendix A.)
LOT WIDTH, MINIMUM. The horizontal distance between the side lot lines of a lot, measured at the front setback line, and said lot width minimum shall continue for a minimum depth of 45 feet.
LOT, ZONING. A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT OR LOTS may or may not coincide with a lot of record. Every ZONING LOT must have access to a public street either by having frontage on a public street or by private road, as defined herein.
MEMORIAL GARDEN. A landscaped area, located on the grounds of a church, that is used for the burial of cremated remains.
MEZZANINE. An intermediate story between the floor and ceiling of a main story and extending over not more than 25% of the main floor.
MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed primarily for use by tourists. A MOTEL furnishes customary hotel services.
MOTOR VEHICLES. A passenger vehicle, motor scooter, motorcycle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical or electrical power.
NONCONFORMING BUILDING OR STRUCTURE. Any building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto for the zoning district in which such building or structure is located.
NONCONFORMING USE. Any use of land, buildings or structures, lawful at the time of the enactment of this chapter which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.
ON-PREMISES CANNABIS CONSUMPTION ESTABLISHMENT. A cannabis business establishment or other entity authorized or permitted to allow the on-premises or on-site consumption of cannabis in any form at or in a cannabis business establishment.
OPEN SALES AND RENTAL LOT. Any land used or occupied for the purpose of buying, selling or renting new or used motor vehicles, boats, trailers, aircraft, recreational or camping equipment or other commodities and for the storage thereof prior to sale or rental.
PARKING, OFF-STREET. Space adequate for parking standard passenger vehicles together with properly related access to a public street or alley.
PARKING AREA, CUSTOMERS. Off-street parking designed and arranged to an approved standard established by the City Surveyor and Engineer that provides parking for all standard passenger vehicles with a minimum of maneuvering and made available as an accommodation to occupants and patrons of the property.
PARKING AREA, EMPLOYEE. Off-street parking designed to minimum dimensions including arrangements of parking spaces which are accessible only through other spaces and made available only for parking of vehicles of the owner or employees associated with office or business use.
PAVEMENT. The hard surface area used to provide access to one or more lots. Said hard surface may consist of stone if the pavement is used to serve a single residence or a bituminous or concrete surface if the pavement is used to serve more than one lot.
PLANNED DEVELOPMENT. A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which may be of a substantially different character than that of surrounding areas. A PLANNED DEVELOPMENT allows for flexibility not available under normal zoning district requirements.
PRINCIPAL BUILDING OR USE. The main building or use of land or building as distinguished from an accessory building or use.
PRIVATE ROAD. A private thoroughfare other than a street or alley permanently reserved in order to provide a means of access to more than one zoning lot.
PROCESSING ORGANIZATION OR PROCESSOR. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.
PROPERTY LINES. The lines bounding a zoning lot, as defined herein.
PUBLIC WAY. Any sidewalk, street, alley, highway or other public thoroughfare.
RAVINE AREA. Includes all property within or adjacent to a ravine beginning at the point of intersection of a line with the table land, said line extending from the toe of the slope upward at a vertical angle of 22 degrees.
RAVINE EDGE. The point on the ravine side of the table land where the slope of the land first exceeds 10%.
RESERVOIR PARKING FACILITIES. Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
RESIDENTIAL BOUTIQUES AND HANDMADE CRAFT SALES. A form of home occupation, as defined herein, and shall be defined as any retail sale of goods, whether hand crafted in the residence of commercially produced, or any demonstration of available goods and services for the purpose of taking orders that are conducted in a residence and advertised to and held for the benefit of attracting the general public to the premises for the sale.
RESTAURANT.
1. Any building or part thereof, other than a boarding house, where food ready for consumption is sold at retail to the public.
2. This shall include:
a. DRIVE-IN ESTABLISHMENTS. Operated for the sale, dispensing or serving of food, frozen desserts or beverages, as defined in the definition for restaurant above.
b. FAST FOOD RESTAURANT. Any restaurant which does not meet the criteria for a STANDARD RESTAURANT or DRIVE-IN ESTABLISHMENT as herein defined, provided, however, that the foregoing definition shall not apply to the operation of a retail food store which incidentally prepares individual food orders such as sandwiches, meats, cheeses, salads or similar items.
c. STANDARD RESTAURANT.
i. Any establishment where food, frozen desserts or beverages are available in a ready to consume state and where customers are normally provided with an individual menu, are served their food or beverages from a kitchen fully equipped for the preparation of complete meals by a restaurant employee at the same table or counter at which said items are consumed, and typically the food, frozen dessert or beverage are served with reusable dishes and utensils. The fact that a
STANDARD RESTAURANT shall incidentally prepare food for off premises consumption in disposable containers shall not prevent it from being classified as a standard restaurant.
ii. A
STANDARD RESTAURANT shall include a cafeteria type operation where food or beverage served with reusable dishes and utensils is generally consumed on the premises.
SETBACK LINE, BUILDING. The minimum horizontal distance between the front line of a building or structure and the street right-of-way line. In cases of pie-shaped lots where street frontage is less than the required lot width minimum, the front yard setback line shall be at the point where the lot width conforms to the minimum required.
SENIOR COTTAGE. Any dwelling unit authorized as part of a senior cottage development.
SENIOR COTTAGE DEVELOPMENT. Any development of senior cottages pursuant to the standards found in § 159.045(L)(14).
STABLE. A structure for housing a horse or horses.
STORY. The portion of a building, other than a basement, 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. A HALF STORY is a space under a sloping roof which has the line of intersection of roof decking and wall facing not more than three feet above the top floor level, and in which space not more than 60% of the floor area is finished for use.
STREET. Public land improved or unimproved, which affords a primary means of access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, right-of-way or other wise, but does not include private roads and driveways to buildings.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
SWIMMING POOL, PRIVATE RESIDENTIAL. Any swimming or wading pool of over two feet in depth or with a surface area exceeding 250 square feet located on private residential property including portable or temporary type pools installed entirely above ground elevation.
TABLE LAND. Land where the slope in any direction does not exceed 10%.
TOE OF SLOPE. The toe of the ravine or bluff slope is that point in the ravine or bluff where the slope is less than 22 degrees or where the slope reverses direction. On compound slopes where there may be more than one possible toe location, the controlling point shall be whichever toe location provides the greater ravine or bluff area.
TRANSPORTING ORGANIZATION OR TRANSPORTER. As defined in § 1-10 of the Cannabis Regulation and Tax Act (410 ILCS 705/1-10), as amended.
USE, OF PROPERTY. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
USE, PERMITTED. A use which conforms with all requirements, regulations and standards of a particular district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. A PRINCIPAL USE may be permitted or special.
USE, SPECIAL. A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts.
YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portions of a structure from the ground upward, except as otherwise permitted in §§ 159.040 through 159.052. 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 main building shall be used. A YARD extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which the zoning lot is located. (See Appendix C.)
YARD, FRONT. The area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed for each zoning district. FRONT YARDS shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. On corner lots, the FRONT YARD shall be considered to be the yard which abuts on the narrowest street frontage of the lot. When a lot lies partially within a planned street or way indicated on the official map, as set forth in the Comprehensive Plan, and where such planned street or way is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street or way in the manner prescribed in this definition.
YARD, REAR. The area extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the REAR YARD shall be in the rear of the yard. (See Appendix C.)
YARD, SIDE. The area between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto. (See Appendix C.)
YARD, TRANSITIONAL. The yard which must be provided on a zoning lot in a B-1 or B-2 District when adjacent to a R or GR District. (See Appendix C.)
(Prior Code, § 46-2) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-14, passed 4-16-1992; Ord. 92-35, passed 7-7-1992; Ord. 92-58, passed 11-2-1992; Ord. 01-17, passed 6-21-2001; Ord. 03-39, passed 6-19-2003; Ord. 2013-20, passed 5-6-2013; Ord. 2019-45, passed 10-7-2019)