For the purpose of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABUTTING, ADJACENT, OR ADJOINING" -- Having a common border with or being separated from such a common border by a right-of-way, alley, or easement.
"ACCESSORY BUILDING" or "USE" -- A use or building which is clearly incidental and subordinate to, and located on the same lot as, the principal use or building. The term includes, but is not limited to, the following:
(1) Residential accommodations for servants, caretakers, or night watchmen.
(2) Off-street parking and loading spaces, open or enclosed, subject to the off-street parking and loading regulations of the zoning district in which the lot is located.
(3) Swimming pools for the use of the occupants of a residence or their guests.
(4) Storage of goods used in or produced by business or industrial activities.
(5) Storage of merchandise normally carried on in connection with a residence, business, or industrial use, unless such storage is excluded from the applicable provisions of the district regulations.
(6) Storage of goods used in or produced by industrial uses or related activities unless such storage is excluded in the applicable district regulations.
(Ord. 98-44. Passed 10-8-98.)
(7) Play or recreation equipment such as swing sets, gym sets, climbing apparatus, jungle gyms, play houses or buildings, trampolines, basketball, soccer or hockey goals and similar play or recreation equipment.
(Ord. 02-04. Passed 2-4-02.)
"ADJACENT" -- See "ABUTTING OR ADJACENT, ADJOINING"
"ADULT DAY CARE CENTER" -- A building or portion of a building where adults who do not otherwise have the capacity to take care of themselves are cared for during daytime hours with no overnight accommodations. Adults being cared for at this type of center generally do not leave the facility without the assistance of the primary care giver or employees of the facility.
"ADULT ENTERTAINMENT FACILITIES" -- Those facilities which may include one or more of the following:
(1) Adult Bookstore: An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representation that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(2) Adult Cabaret: A nightclub, bar restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(3) Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
"ADULT GROUP RESIDENTIAL FACILITIES" -- A group of individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under supervision of on-site management which is compensated by payment to providing organization and stability to those individuals. The individuals are usually not informed and may be capable of leaving the premises without assistance. Adult Group Residential Facilities does not include nursing homes where the individuals are informed.
"AGRICULTURE" - The use of land for floriculture, horticulture, viticulture including the growing of grain, and the necessary accessory uses for packing, treating, or storing produce; provided the operations of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the raising of animals.
"ALLEY" -- A public right-of-way which usually affords a secondary means of access to abutting property and not intended for general traffic circulation.
"ALTERATION" -- Any change, addition, alteration, or rearrangement in construction or type of occupancy, or change in the structural parts of a building such as walks, windows, partitions, columns, or girders, or the moving from one location or position to another.
"APARTMENT" -- See "DWELLING, MULTIPLE FAMILY"
"BASEMENT" -- That portion of a building which is entirely below or partially below and partially above ground level, and so located that the vertical distance from the grade to the floor below is more than the vertical distance from the grade to the ceiling above.
"BED AND BREAKFAST OPERATION" -- A dwelling wherein lodging and food is provided by a resident family primarily for transients or those individuals remaining at the dwelling for less than seven consecutive nights as distinguished from a boarding house.
"BOARDING HOUSE" -- An establishment with lodging for two or more persons where meals are regularly prepared and served for compensation and where food is served without service or ordering individual portions from a menu.
"BUILDING" -- Any structure designed, built, or occupied as a shelter for human use or storage which is permanently affixed to the land and has one or more floors and a roof. A
"BUILDING" -- Includes the area closed and unenclosed devoted to porches, stairways, fire escapes, and fixed canopies. When a structure is separated by a fire wall, each such separate portion shall be deemed a separate building. A "BUILDING" shall not include such structures as billboards, fences, radio towers, water towers, smoke stacks, or similar structures with interior spaces not normally accessible for human use.
"BUILDING HEIGHT" -- The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of a mansard roof; and the average height between the eaves and the ridge line of a gable, hip, or gambrel roof. Where a building is located on sloping terrain in excess of 15 percent or the side of a hill, the height shall be measured from the average elevation of the finished grade at the building wall.
"BUILDING LINE" -- A line defining the minimum front, side, and rear yard setback requirements in which no building or structure may be located, except as otherwise provided herein.
"BUILDING, PRINCIPAL" -- The building housing the principal activity performed on a lot.
"CARPORT" -- An accessory building or portion of a main building having a roofed space and at least one side open to the weather, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building.
"CENTRALIZED SEWER SYSTEM" -- The system in which individual lots are connected to a common sewerage collection and the treatment facilities, whether publicly or privately owned, as opposed to a septic system.
"CENTRALIZED WATER SYSTEM" -- The system in which individual lots are connected to a common source of water and the treatment facilities, whether publicly or privately owned, as opposed to individual wells located on a lot.
"CHILD DAY CARE CENTER" -- A building, structure, place, location, or any combination thereof, and other physical property therewith included, used for the purpose of housing and caring for children and infants unaccompanied by parents that are not of school-age or school-aged children during after school hours, but not providing any overnight accommodations. For the purposes of this definition, home-operated child care centers shall include all children that are residents of the home, as well as any children that are non-residents when counting the number of children in regular attendance at a home-operated child care center. Residents that have children, but are not taking care of non-resident children in their home, shall be excluded from the definition of home-operated child care centers.
"CLUB" -- An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.
"CLINIC" -- An establishment where human patients who are not lodged overnight are admitted for examination or treatment by a group of physicians, dentists, or similar professionals.
"CONTIGUOUS" -- Attached or touching.
"COMMUNICATIONS TOWER" -- See "WIRELESS TELECOMMUNICATIONS FACILITY"
"CONVALESCENT or NURSING HOME" -- Any place or abode, building, institution, residence, or home used for the reception and care, for a consideration, of three or more persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves or who are 65 years of age or over, and for which a license, if necessary, has been issued by the Ohio Department of Human Services, or other appropriate agency. Residents of convalescent homes are not normally capable of leaving the premises without assistance from a care giver.
"DAY CARE" (also "DAY CARE FACILITIES") -- See "CHILD DAY CARE CENTER"
"DENSITY" -- The number of dwelling units that can be developed on a given area of land.
"DEVELOPMENT" -- The construction of a new building or other structure on a lot, the relocation of an existing building on another lot, or the use of open land for a new use.
"DISTRICT" -- A portion of the incorporated area of the Village within which certain regulations and requirements or various combinations apply under the provisions of this Zoning Code.
"DRIVE-IN or DRIVE-THROUGH" -- A business establishment that provides a driveway approach and/or and parking spaces for motor vehicles so as to serve patrons while in their motor vehicle rather than within a building or structure.
"DRUG PARAPHERNALIA FACILITIES" -- Any business establishment that sells or trades for any value whatsoever; instruments commonly associated with the sale or use of illegal drugs, such as a bong or smoking device. (Ord. 98-44. Passed 10-8-98.)
"DWELLING" – A building designed or used as the living quarters for one or more families. “Dwelling”, “single-family dwelling”, “two-family dwelling” or “multiple-family dwelling” shall not be deemed to include motel, hotel, or rooming house. A dwelling may include a manufactured home provided it meets all of the following requirements:
(1) The manufactured home is affixed to a permanent foundation and connected to appropriate utilities.
(2) The manufactured home, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least equal to or greater than any minimum dwelling size applicable within the applicable zoning district.
(3) The manufactured home has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.
(4) The manufactured home was manufactured after January 1, 1995.
(Ord. 99-19. Passed 5-3-99.)
"DWELLING, ONE-FAMILY" -- A building designed exclusively for and occupied by one family.
"DWELLING, TWO-FAMILY" -- A building designed exclusively for or converted for occupancy by two families living independently of each other.
"DWELLING, MULTIPLE-FAMILY" -- A building or portion thereof designed exclusively for or converted for occupancy by three or more families living independently of each other. The dwelling units in a "MULTIPLE-FAMILY" dwelling are defined as follows:
(1) Efficiency Unit: A dwelling unit containing at least 350 square feet of floor area, and consisting of not more than one room in addition to a kitchen, dining room, and necessary sanitary facilities.
(2) One Bedroom Unit: A dwelling unit containing a minimum floor area of at least 500 square feet, consisting of not more than two rooms in addition to a kitchen, dining room, and necessary sanitary facilities.
(3) Two Bedroom Unit: A dwelling unit containing a minimum floor area of 700 square feet, consisting of not more than three rooms in addition to a kitchen, dining room, and necessary sanitary facilities.
(4) Three Bedroom Unit: A dwelling unit wherein, for each room in addition to the three rooms permitted for a two-bedroom unit, there shall be provided an additional area of 200 square feet to the minimum floor area of 700 square feet.
"ELDERLY/RETIREMENT HOUSING" -- Housing designed primarily for those who are above the age of 65 for reasons of safety and convenience for the residents. Housing may be single family units or multiple family units, however, in order to be classified as a elderly/retirement housing development, there shall be an entity in place that provides daily assistance to residents.
"ERECTED" -- Built, constructed, altered, reconstructed, moved on, or any physical operation on the premises which are required for construction. Excavation, fill, drainage, and the like shall be considered a part of erection.
"ESSENTIAL SERVICES" -- The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems, or collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewer and water pipes, conduit, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health, safety, or general welfare.
"EXCAVATION" -- Includes any breaking of ground, except common household gardening and ground care.
"FAMILY" -- One or more persons living together as a single housekeeping unit, and doing their cooking on the premises, distinguishing from a group occupying a boarding house, lodging house, club, fraternity, hotel or motel, or nursing home.
“FENCE” – Any structure constructed from wood, steel, plastic, or similar material, when erected in such a position so as to enclose a premises or part of any premises. Structures erected for landscaping purposes within close proximity to lot lines, which have solely an ornamental purpose which do not connect and which do not in fact serve the purpose of partly or wholly enclosing the premises or of separating the premises from an adjoining premises shall not be considered to be fences. Fences shall be further defined as follows:
(a) “Privacy fence” means a fence made to inhibit public view and to provide seclusion, and when viewed at right angles, has more than fifty percent (50%) of the area of its vertical plane closed to light or air.
(b) “Open, ornamental fence” means a fence usually constructed from wood, plastic, masonry, stone, and similar materials erected for decorative effect and when viewed at a right angle has less than fifty percent (50%) of its vertical plane closed to light or air. (Ord. 00-04. Passed 4-2-00.)
"FIREWORKS" -- Any combustible or explosive compositions or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation.
"FLOOR AREA, GROSS" -- The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior of walls or the centerline of walls separating two buildings. In particular, "GROSS FLOOR AREA" includes basement space; elevator shafts or stairwells; floor space for mechanical equipment; penthouses, balconies, mezzanines, enclosed porches, attic floor space providing structural head room of seven feet six inches, and open porches, terraces, and breezeways where more than 50 percent of the perimeter of such terrace, breezeway, or open porch is enclosed.
"FLOOR AREA, USABLE" -- For the purposes of computing parking requirements, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, patients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities shall be excluded from the computation of "USABLE FLOOR AREA."
"GARAGE, PRIVATE" -- An accessory building or portion of a main building, enclosed on all sides, and designed or used for the storage of motor driven vehicles, boats, and similar vehicles owned and used by the occupants of the building.
"GARAGE, SERVICE REPAIR" -- A place where the following services may be carried out: general repair; engine rebuilding; sale of engine fuels; rebuilding or reconditioning motor vehicles; collision service, such as body, frame, or fender straightening and repair; or overall painting and undercoating of automobiles.
"GASOLINE SERVICE STATION" -- Any area of land, including any structure or structures thereon, that is used or designed to be used for the supply of gasoline, oil, or other fuel for the propulsion of motor vehicles. For the purpose of this Zoning Code, the term shall include any area or structure used or designated to be used for greasing, polishing, washing, spraying, or otherwise cleaning or servicing motor vehicles.
"GRADE" -- The ground elevation established for the purpose of regulating the number of stores and height of a building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building, and taking the median of said total averages.
"GREENBELT" -- An open landscaped area (free of buildings, structures, parking areas/driveways, and impervious surfaces maintained) with permanent plant materials to provide a screen to abutting properties.
"GROUP RESIDENTIAL FACILITIES" -- See "ADULT GROUP RESIDENTIAL FACILITIES"
"HOME OCCUPATION" -- Any occupation conducted entirely within a dwelling unit, exclusive of garages or accessory buildings, carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not involve any extension or modification of said dwelling which will alter its outward appearance as a dwelling. (Ord. 98-44. Passed 10-8-98.)
Home occupations shall not include the following:
(1) Motor or other vehicle, boat, lawn, farm or construction equipment sale, service, rental or repair.
(2) Sale of fireworks, firearms or ammunition.
(3) Pawn shops, tattoo or piercing parlors.
(4) Sales of food or beverages.
(5) Barber, beauty shops.
(6) Massage or tanning parlors. (Ord. 05-49. Passed 10-17-05.)
"HOTEL" (See also "MOTEL") -- A business which offers overnight accommodations to transient guests on a daily rate basis, and often providing other services for the guests, such as restaurants, meeting rooms, and recreational facilities.
"HOME OPERATED CHILD CARE CENTER" -- See "CHILD DAY CARE CENTER" (Ord. 98-44. Passed 10-8-98.)
“INDUSTRIALIZED UNIT” - A building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site or intended use. “Industrialized unit” includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An industrialized unit does not include a manufactured home or mobile home as defined herein.
(Ord. 99-19. Passed 5-3-99.)
"JUNK YARD" -- The use of more than 200 square feet of the area of any lot, whether inside or outside a building, where waste or used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles.
"KENNEL, COMMERCIAL" -- Any lot or premises on which three or more dogs, cats, or other household pets are either permanently or temporarily boarded. The term shall also include any lot or premises where household pets are bred and sold.
"LOADING SPACE" -- An off-street space outside the street right-of-way and on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise, materials, and goods.
"LOT" -- A parcel of land occupied or capable of being occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, together with such yards and s as are required under the provisions of this Zoning Code with frontage on a public street. A "LOT" may or may not be specifically designated as such on public records.
(Ord. 98-44. Passed 10-8-98.)
"MANUFACTURED HOME" – A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards. (Ord. 99-19. Passed 5-3-99.)
“MANUFACTURED HOME, PERMANENTLY SITED” - A manufactured home as defined in this section, which is affixed to a permanent foundation, connected to Village water, sanitary sewer, and has appropriate provision for storm water runoff, including footer drains, eaves trough, and downspouts, has a minimum width at one point of twenty-two (22) feet, a minimum depth at one point of twenty-two feet, a total living area of nine hundred (900) square feet, exclusive of garages, porches, and attachments, a minimum 3:12 residential roof pitch, six- inch minimum eave overhang, including appropriate guttering, conventional siding, and manufactured after January 1, 1995. (Ord. 02-43. Passed 11-4-02.)
"MASTER PLAN" -- The Comprehensive Plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and private land use development of the Village, including any part of such plan or changes thereto.
"MINIMUM BUILDING SETBACK LINE" -- A line between the front and rear lot line and parallel to the street right-of-way line, and at such distance from the street right-of-way line, as required by the minimum front yard depth in the district in which it is situated.
"MINIMUM LIVING AREA" -- For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
(Ord. 98-44. Passed 10-8-98.)
“MOBILE HOME” - A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on-site, is 320 or more square feet, is built on a permanent chassis foundation, is transportable in one or more sections, and does not qualify as a manufactured home as defined in Ohio R.C. 3781.06(C)(4) or as an industrialized unit as defined in Ohio R.C. 3781.06(C)(3).
(Ord. 99-19. Passed 5-3-99.)
"MOTEL" (See also "HOTEL") -- A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.
"MULTIPLE FAMILY" -- See "DWELLING, MULTIPLE-FAMILY"
"NON-CONFORMING BUILDING" -- A building or portion thereof lawfully existing at the effective date of this Zoning Code, or amendments thereto, that does not conform to the area and height regulations of the district in which it is located.
"NON-CONFORMING USE" -- A use lawfully existing at the time of the enactment of this Zoning Code, and which does not conform to the use provisions of the district in which it is located.
"NURSERY" -- A space, building, structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The term does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees.
"NURSERY, DAY" -- See "CHILD DAY CARE CENTER"
"OFFICE" -- A building or part of a building where books and records are prepared and kept or which serves as a headquarters of a business or organization, but shall not be used for the sale of any tangible item or service.
"OFF-STREET PARKING LOT" -- A facility providing vehicular parking spaces, along with adequate drives and aisles, off the street and outside the right-of-way line, for maneuvering and providing entrances and exits so as to provide parking for more than two vehicles.
"OPEN SPACE" -- Any part of a site, including courts and yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents on the site. The term does not include parts of a roof or that portion of a building containing dwelling units.
"OPEN SPACE DEVELOPMENT" -- A subdivision of land which has both individual building sites and common open space areas, such as parks and recreational areas; and is planned, designed, and organized as a unified development capable of providing a variety of residential dwellings.
"OPEN STORE FRONT" -- A business establishment so developed that service to the patron may be extended beyond the walls of the structure not requiring the patron to enter the structure. The term does not include automobile repair stations or gasoline service stations.
"PARKING SPACE" -- An area of definite length and width, exclusive of aisles and drives or entrances giving access thereto, and fully accessible for the storage of permitted motor vehicles.
"PARKS" -- An area open to the general public and reserved for recreational or scenic purposes.
"PUBLIC UTILITY" -- Any person, firm, corporation, or governmental agency or board, excluding the Village, fully authorized to furnish, and furnishing under governmental regulations to the public, electricity, gas, steam, telephone, telegraphy, transportation, sewer, water, television cable, or utility companies.
"RECREATIONAL FACILITIES" -- Commercial or non-commercial facilities that offer non-passive recreational services to a group of people or the general public; private or semi-private recreational facilities intended for the use of residents of that development, homeowner's association, etc., and not for general public use. Included in this definition are outdoor recreational facilities, such as golf courses, driving ranges, tennis courts, and swimming pools, and indoor recreational facilities in which all activities are conducted indoors; This definition could also include a combination of indoor and outdoor recreational services. This definition does not include baseball, soccer, and activities involving motor vehicles such as racing, tractor pulls, demolition derby, or use involving firearms, bowling alleys, pool halls or video arcades.
"ROOM" -- For the purpose of determining lot area requirements and density in a multiple-family district, a living room, dining room or bedroom equal to at least 80 square feet in area. The term does not include the area in the kitchen, sanitary facilities, utility rooms, corridors, hallways, and storage areas.
"SATELLITE DISH" -- A signal receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
"STORY" -- That part of a building included between the surface of one floor and the surface of the next floor above, or if there is no floor above, then the ceiling next above.
"STREET, PRIVATE" -- An improvement that allows vehicular access to a property that is not considered part of a drive or parking lot and has not been accepted by the Village for ownership or maintenance.
"STREET, PUBLIC" -- A right-of-way which affords the principal means of access to abutting property and which has been dedicated or deeded to the public use and accepted by the Village for ownership or maintenance. Streets shall be further defined as follows:
(1) Major Arterial Thoroughfare: A street or road which is intended to carry the major portion of traffic entering or leaving an urban area, and also significant intra-urban travel, such as between communities or between major urban centers. "Major Arterial Thoroughfares" should form the boundaries of residential neighborhoods, but should not penetrate those neighborhoods. Access or service to abutting properties is a secondary function to the provision of travel service. Parking and loading are discouraged. For the purpose of this Zoning Code, "Major Thoroughfares" are designated on the Thoroughfare Plan of the Village.
(2) Minor Arterial Thoroughfare: A street or road which is intended to connect with and augment the major arterial system. The function of the minor arterial system is to provide travel service to trips of moderate length and provide intra-community continuity. "Minor Arterial Thoroughfares," a lower level of travel service than major arterials, but providing access to abutting properties, is still a secondary function to the movement of through traffic. "Minor Arterial Thoroughfares" should also form the boundaries of neighborhoods, but not penetrate the neighborhood. Parking and loading should be discouraged. For the purpose of this Zoning Code, "Minor Thoroughfares" are designated on the Thoroughfare Plan of the Village.
(3) Collector Thoroughfare: A street or road which is intended to collect traffic from local streets within a neighborhood and channel it onto the arterial system, or conversely to distribute traffic from the arterial system to the local streets. Access to abutting properties is equal in importance to the movement of through traffic. For the purpose of this Zoning Code, "Collector Thoroughfares" are designated on the Thoroughfare Plan of the Village.
(4) Local Street: A street which is intended primarily to provide access to abutting properties. Through traffic should be discouraged on "Local Streets." All streets not otherwise designated shall be designated as "Local Streets." For the purpose of this Zoning Code, "Local Streets" are designated on the Thoroughfare Plan of the Village.
"STRUCTURE" -- Anything permanently constructed or erected which requires location on or below the ground or attachment to something having a location on or below the ground.
"SPECIFIED ANATOMICAL AREAS" -- As used herein, specified anatomical areas means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"SPECIFIED SEXUAL ACTIVITIES" - As herein, specified sexual activities means and includes any of the following 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth in subdivisions in items 1, 2, or 3 of this definition.
"TEMPORARY BUILDING" or "USE" -- A building or use permitted to exist during periods of construction of the principal building or use, or for special events.
"TRAVEL TRAILER, INDEPENDENT" -- Any vehicle designed, used, or so constructed as to permit its being used as a conveyance on the public streets or highways, and constructed in such a manner as will permit occupancy thereof as a temporary dwelling unit or sleeping place for one or more persons.
"TRAVEL TRAILER PARK" -- Any park which offers on a daily or weekly rate, hookups, and parking facilities for independent travel trailers for transient guests, who do not use the park as a mailing address.
"USE" -- The principal purpose for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied.
"WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER" -- A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is house.
"WIRELESS TELECOMMUNICATIONS FACILITY" -- A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
"WIRELESS TELECOMMUNICATIONS TOWER" -- A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
"YARDS" -- The open spaces on the same lot as the principal building, unoccupied and unobstructed from the ground upward and further defined as follows:
(1) Front Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line and the nearest point of the principal building.
(2) Side Yard: An open space between the side lot line and the principal building, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance from the nearest point on the side lot line to the nearest point of the principal building.
(3) Rear Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building.
"ZERO LOT-LINE" -- The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Also, for the purposes of this Zoning Code, a zero lot line shall include buildings that are built with a shared wall resting on a lot line, and the shared wall shall be considered the zero lot-line, if the building is intended to be owned by two separate owners on both sides of the shared wall as in the case of a two-family dwelling with each dwelling having separate ownership.
"ZONING VARIANCE" -- A modification of the literal provisions of this Zoning Code which may be granted when strict enforcement of this Zoning Code would cause undue hardship, owing to circumstances unique to the individual property for which the variance is sought. The crucial factors of a "Variance" are undue hardships and unique circumstances applying to the property. A "Variance" is not justified unless both elements are present in the case.