§ 153.004 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY USE or ACCESSORY.

      (1)   An ACCESSORY USE:

         (a)   Is a use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory building or other structure, or as an accessory use of land), except that, where specifically provided in the applicable district regulations, accessory off- street parking or loading need not be located on the same zoning lot; and

         (b)   Is a use which is clearly incidental to, and customarily found in connection with, such principal use; and

         (c)   Is either in the same ownership as such principal use, or is operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use.

      (2)   When ACCESSORY is used in the text, it shall have the same meaning as accessory use.

      (3)   An ACCESSORY USE includes:

         (a)   Living or sleeping accommodations for servants;

         (b)   Living or sleeping accommodations for caretakers in connection with any use;

         (c)   Living or sleeping accommodations for employees in connection with commercial or manufacturing uses;

         (d)   Keeping of domestic animals, but not for sale or hire. A commercial stable or kennel is not an ACCESSORY USE;

         (e)   Swimming pools not located within a building, provided that:

            1.   The use of such pools shall be restricted to occupants of the principal use and guests for whom no admission or membership fees are charged;

            2.   If accessory to a nonresidential use, the edge of the pool shall be located not less than 50 feet from any lot line;

            3.    If accessory to a residential use, the edge of the pool shall be located not less than ten feet from any lot line, and in the event that such pool is located less than 50 feet from any rear lot line or side lot line, it shall be screened by a continuous fence, supplemented with a strip of densely planted trees or shrubs at least four feet high at the time of planting, along such rear lot line and that portion of any side lot line adjacent to such pool;

            4.   Illumination of such pools shall be limited to underwater lighting; and

            5.   Swimming pool clubs are not accessory uses.

         (f)   Domestic or agricultural storage in a barn, shed, tool room, or similar building or other structure;

         (g)   Home occupations;

         (h)   Incinerators;

         (i)   In connection with commercial or manufacturing uses, the storage of goods normally carried in stock, used in, or produced by such uses, unless the storage is expressly prohibited under the applicable district regulations;

         (j)   In connection with commercial and manufacturing uses, incidental repairs, unless expressly prohibited under the applicable district regulations;

         (k)    The removal for sale of sod, loam, clay, sand, gravel, or stone in connection with the construction of a building or other structure on the same zoning lot, or in connection with the regrading of a zoning lot, but in the latter case not below the legal street grade;

         (l)   Accessory off-street parking spaces, open or enclosed;

         (m)   Accessory off-street loading berths;

         (n)   Accessory signs;

         (o)   Accessory radio or television towers; and

         (p)   Accessory activities when conducted underground as part of the operation of railroad passenger terminals, such as switching, storage, maintenance, or servicing of trains.

   ALTERATIONS, INCIDENTAL, or TO ALTER INCIDENTALLY.

      (1)   Changes or replacements in the nonstructural parts of a building or other structure, without limitation to the following examples:

         (a)   Alteration of interior partitions to improve livability in a nonconforming residential building, provided that no additional dwelling units are created thereby;

         (b)   A minor addition on the exterior of a residential building, such as an open porch;

         (c)   Alteration of interior nonloadbearing partitions in all other types of buildings or other structures; or

         (d)   Replacement of, or minor changes in, the capacity of utility pipes, ducts, or conduits.

      (2)   Changes or replacements in the structural parts of a building or other structure, limited to the following examples or others of similar character or extent:

         (a)   Making windows or doors in exterior walls;

         (b)   Replacement of building facades; and

         (c)   Strengthening the loadbearing capacity, in not more than 10% of the total floor area, to permit the accommodation of a specialized unit of machinery or equipment.

      (3)   To ALTER INCIDENTALLY is to make an incidental alteration.

   ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

   APARTMENT. A room or group of rooms in an apartment house designed for and occupied exclusively as a residence for only one family.

   APARTMENT HOUSE. A building designed for and occupied exclusively by three or more families living independent of one another.

   AUTOMOTIVE SERVICE STATION.

      (1)   A building or other structure or a tract of land used exclusively for the storage and sale of gasoline or other motor fuels and for any uses accessory thereto. The sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles with hand tools only, or the occasional washing of motor vehicles are permitted accessory uses.

      (2)   A public parking lot or public parking garage is not a permitted accessory use. For the purposes of this definition, ownership of a zoning lot to be used for an AUTOMOTIVE SERVICE STATION shall be deemed to include a lease of not less than ten years duration. In regard to the location of service station equipment, a pump, light stand, air tower, water outlet, or similar installation may be placed within the required front yard, but no closer to the curb line than 20 feet.

   BASEMENT or CELLAR. A story or portion of a story partly below curb level, with at least 1/2 of its height measured from floor to ceiling below curb level. On through lots the curb level nearest to a story or portion of a story shall be used to determine whether such story or portion of a story is a basement.

   BLOCK. A tract of land bounded by:

      (1)   Streets;

      (2)   Public parks;

      (3)   Railroad rights-of-way, when located at or above ground level but not including sidings or spurs in the same ownership as the zoning lot; or

      (4)   Corporate boundary lines of the village.

   BOARDING HOUSE or ROOMING HOUSE. A dwelling, not a single-family or two-family dwelling, apartment house, or a hotel, providing lodging with or without meals, and having lodging accommodations for less than ten guests.

   BUFFER AREA. A strip of land in a nonresidential district at the point where the nonresidential district touches a residential district. Yard requirements may be included in the buffer area requirements.

   BUILDING.

      (1)   Any structure which:

         (a)   Is permanently affixed to the land;

         (b)   Has one or more floors and a roof; and

         (c)   Is bounded by either open area or the lot lines of a zoning lot.

      (2)   A BUILDING shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces not normally accessible for human use, such as gas holders, tanks, smoke stacks, grain elevators, coal bunkers, oil cracking towers, or similar structures.

      (3)   A BUILDING may, for example, consist of a one-family detached residence, a two-family residence, either a row house or a series of row houses (depending on location of lot lines), a row of garden apartments with individual entrances, or an apartment house; a single store or a row of stores (depending on location of lot lines); or a single factory or loft.

         (a)   DETACHED. A building which has no party wall.

         (b)   SEMIDETACHED. A building which has only one party wall in common with another building.

         (c)   ATTACHED. A building which has two party walls in common with adjacent buildings.

   BUILDING, MIXED. A building in a commercial district used partly for residential use and partly for community facility or commercial use.

   BUILDING AREA. The aggregate of the maximum horizontal cross section areas of all buildings on a lot above ground level, measured at the greatest outside dimensions, excluding steps, cornices, eaves, gutters, and patios, but including breezeways and porches.

   BUILDING HEIGHT. A building's vertical measurements from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof, excluding chimneys, spires, towers, elevator penthouses, tanks, flagpoles, aerials, stacks, beacons, and similar projections of the building, but in no case shall any projection above the measured height of the building exceed 85 feet.

   BUILDING LINE. A line parallel to the right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.

   CLINIC. An institution providing diagnostic, therapeutic, or preventive out-patient treatment by a group of doctors in the same building.

   CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics, or the like, but not for profit.

   COURT. An open unoccupied space, other than a yard, and bounded on at least two sides by a building. A COURT extending to the front yard or front lot line or to the rear yard or rear lot line is an OUTER COURT. Any other COURT is an INNER COURT.

   CURB LINE. A line sometimes containing a raised concrete structure of not more than six inches located on either edge of the cartway but within the right-of-way line.

   DISTRICT. A portion of the incorporated area of the village within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

   DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, regardless of whether self-servicing is involved.

   DWELLING UNIT. One or more rooms in a residential building or residential portion of building, which are arranged, designed, used, or intended for use by one or more persons living together and maintaining a common household, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.

      (1)   MULTIPLE-FAMILY. A building on a lot designed and used exclusively as a residence for three or more families living independently of one another.

      (2)   ROW HOUSE. A semi-detached building on a lot designed for and occupied exclusively as a residence for only one family and having a party wall in common with an adjacent single-family residence.

      (3)   SINGLE-FAMILY. A building on a lot designed and occupied exclusively as a residence for one family.

      (4)   TWO-FAMILY. A building on a lot designed and occupied exclusively as a residence for two families.

   ENLARGEMENT or TO ENLARGE. An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To ENLARGE is to make an enlargement.

   ERECTED. Built, constructed, altered, reconstructed, moved on, or any physical operations on the premises required for the construction. Excavation, fill, drainage, and the like, shall be considered a part of the erection.

   EXTENSION or TO EXTEND. An increase in the amount of existing floor area used for an existing use, within an existing building. To EXTEND is to make an extension.

   FAMILY. One or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than two persons not so related, living together in the whole or part of a dwelling unit comprising a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter.

   FLOOR AREA. For the purposes of computing the minimum allowable floor area in a residential dwelling unit, the term FLOOR AREA shall mean the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The FLOOR AREA MEASUREMENT is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and unenclosed porches.

   FLOOR AREA, USABLE. For the purposes of computing parking, that area used for, or intended to be used for, the sale of merchandise or services or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of USABLE FLOOR AREA. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls. For the purposes of computing parking for those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise, or area used to serve patrons, or clients shall be measured to determine necessary parking spaces.

   GARAGE.

      (1)   PRIVATE. A building accessory to a single-family or two-family dwelling for the storage of motor vehicles owned and used by the owner, or tenant, of the lot on which it is erected.

      (2)   PUBLIC. A building used for the storage of more than four motor vehicles. Repairing and servicing of vehicles may be carried on in conjunction with the primary function of vehicular storage.

   GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of the 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 the average elevation of the ground for each face of the building.

   GREENBELT. A strip of land of definite width and location reserved for planting of shrubs or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.

   HOME OCCUPATION.

      (1)   An accessory use which:

         (a)   Is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit;

         (b)   Is carried on within a dwelling unit, rooming unit, or accessory building by one or more occupants of such dwelling unit or rooming unit, except that, in connection with the practice of a profession, one person not residing in such dwelling unit or rooming unit may be employed; and

         (c)   Occupies not more than 25% of the total floor area of such dwelling unit or rooming unit and in no event more than 500 square feet of floor area.

      (2)   In connection with the operation of a HOME OCCUPATION it shall not be permitted:

         (a)   To sell articles produced elsewhere than on the premises;

         (b)   To have exterior displays, or a display of goods visible from the outside;

         (c)   To store materials or products outside of a principal or accessory building or other structure;

         (d)   To display, in an R-1 or R-2 District, a nameplate or other sign except as permitted in connection with the practice of a profession;

         (e)   To make external structural alterations which are not customary in residential buildings; and

         (f)   To produce offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.

      (3)   HOME OCCUPATIONS include:

         (a)   Fine art studios;

         (b)   Professional offices; and

         (c)   Teaching of not more than four pupils simultaneously, or, in the case of musical instruction, of not more than a single pupil at a time.

      (4)   However, HOME OCCUPATIONS shall not include:

         (a)   Advertising or public relations agencies;

         (b)   Barber shops;

         (c)   Beauty parlors;

         (d)   Commercial stables or kennels;

         (e)   Depilatory, electrolysis, or similar offices;

         (f)   Interior decorators' offices or workshops;

         (g)   Real estate or insurance offices; and

         (h)   Stockbrokers' offices.

   HOSPITAL, GENERAL. An institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities, such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

   HOTEL, APARTMENT.

      (1)   A building or part of a building in which:

         (a)   The dwelling units or rooming units are used primarily for permanent occupancy;

         (b)   One or more common entrances serve all such units; and

         (c)   One or more of the following services are provided of maid, telephone, desk, or bellboy service, or the furnishing of laundering of linens.

      (2)   Restaurants, cocktail lounges, or indoor swimming pools are permitted accessory uses, provided that in residence districts, such facilities shall be accessible only through the lobby and there shall be no signs except as permitted by the applicable district regulations. Public banquet halls, ballrooms, or meeting rooms are not permitted accessory uses.

   HOTEL, TRANSIENT.

      (1)   A building or part of a building in which:

         (a)   Living or sleeping accommodations are used primarily for transient occupancy, and may be rented on a daily basis;

         (b)   One or more common entrances serve all such living or sleeping units; and

         (c)   Is provided 24-hour desk service, in addition to one or more of the following services of maid, telephone, or bellboy service, or the furnishing of laundering of linens.

      (2)   Permitted accessory uses include restaurants, cocktail lounges, public banquet halls, ballrooms, or meeting rooms.

   INCIDENTAL ALTERATIONS. See ALTERATIONS, INCIDENTAL.

   JUNK. The miscellaneous waste material resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including ashes, tin cans, glass, scrap metals, rubber, paper, and rags.

   JUNK YARDS. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, or disassembled, or handled. Junk shall include, but not be limited to rubbish, scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

   KENNEL, COMMERCIAL. Any lot or premises on which three or more dogs or cats are either permanently or temporarily boarded.

   LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

   LOT. A parcel of land occupied, or to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as required under the provisions of this chapter. A LOT may or may not be specifically designated as such on public records. The word LOT includes the word PLOT or PARCEL.

   LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the office of the County Recorder or in common use by village or county officials, and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.

   LOT AREA. The total horizontal area within the lot lines of the lot.

   LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of the two streets is less than 135 degrees. A lot abutting on a curved street or streets shall be considered a CORNER LOT for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle or less than 135 degrees.

   LOT COVERAGE. The part or percent of the lot occupied by buildings, including accessory buildings.

   LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between side lot lines.

   LOT, DOUBLE FRONTAGE. Any interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of those lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.

   LOT, INTERIOR. Any lot other than a corner lot.

   LOT LINES. The lines bounding a lot.

      (1)   FRONT LOT LINE. In the case of an interior lot, the line separating the lot from the street. In the case of a corner lot, or double frontage lot, is that line separating the lot from that street which is designated as the front street in the plat and in the application for a building permit or zoning compliance permit.

      (2)   REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE shall be an imaginary line parallel to the front lot line not less than ten feet long lying farthest from the front lot line and wholly within the lot.

      (3)   SIDE LOT LINE. Any lot lines other than the front lot line or rear lot line. A SIDE LOT LINE separating a lot from a street is a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is an interior side lot line.

   LOT WIDTH. The horizontal distance between the side lot lines measured at the two points where the building line, or setback intersects the side lot lines.

   MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume trafficway for both the immediate village area and the region beyond, and designated as a freeway, regional arterial, primary arterial or secondary arterial on the Comprehensive Plan.

   MOBILE HOME. Any vehicle designed, used, or so constructed as to permit its being used as a conveyance on the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

   MOBILE HOME COURT. Any plot of ground on which two or more mobile homes, occupied for dwelling or sleeping purposes, are located.

   MOTEL. A building used for the purpose of furnishing meals and lodging to the transient public and (having lodging accommodations for ten or more paying families or individuals) having off-street parking provided contiguous to the lodging accommodations.

   NONCONFORMING. A lawful building, use, or lot, which by reason of design, size or use does not conform with the requirements of the district, or districts, in which it is located as designated by this chapter.

   NURSING HOME. A building to house and within which services are provided for ill and aged persons.

   OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering so as to provide access for entrance and exit for the parking of more than two automobiles.

   PARKING SPACE. An area of definite length and width, exclusive of drives, driveways, aisles, or entrances giving access thereto, and fully accessible for the storage or parking of permitted vehicles.

   PLANNED DEVELOPMENT. A parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development, and where certain regulations of this chapter for the district where it is located are modified. A PLANNED DEVELOPMENT requires a special use permit issued in accordance with procedures set forth in this chapter.

   PUBLIC UTILITY. Any person, firm, or corporation, municipal department, board, or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.

   RESERVOIR PARKING. Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

   RIGHT-OF-WAY LINE. The dividing line between a lot and a public street, legally open or officially plotted by the village, county, or state, or over which the owners or tenants of two or more lots held in single or separate ownership have the right-of-way.

   SIGN. The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known such as are used to show an individual, firm, profession, or business, and are visible to the general public.

   SINGLE AND SEPARATE OWNERSHIP. The ownership of a lot by one or more persons, partnerships, or corporations which ownership is separate and distinct from that of any abutting or adjoining use.

   SPECIAL EXCEPTION. Permission or approval granted by the Council in accordance with § 153.216, hereof in situations where provision thereof is made by the terms of this chapter.

   STORY. That part of a building (except a mezzanine) included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A STORY thus defined shall not be counted as a story when more than 50% by cubic content is below the height level of the adjoining ground.

   STREET. A public thoroughfare which affords the principal means of access to abutting property.

   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

   TOURIST HOME. A building containing a single dwelling unit and guest rooms offered to the public for compensation and catering primarily to the public traveling by motor vehicles.

   TEMPORARY BUILDING OR USE. A structure or use permitted by the Zoning Board of Appeals to exist during periods of construction of the main building or use, or for special events.

   USE. The purpose for which land or a building is designed, arranged, or intended, or for which land or a building is or may be occupied.

   USE, ACCESSORY. A use subordinate to the main use of a lot and used for purposes clearly incidental to those of the main use.

   USE, MAIN. The principal use to which the premises are devoted and the principal purpose for which the premises exist.

   VARIANCE. Permission or approval granted by the Zoning Board of Appeals in accordance with § 153.229(B), hereof, constituting a modification of, or deviation from the exact provisions of this chapter as applied to a special property.

   WALL or FENCE. An obscuring structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.

   YARDS. The area around the inner periphery of each lot in which no building or structure shall be erected. The size of such area is determined by the distance from the property lines and right-of-way lines set forth in the various zoning districts to the main building on the lot exclusive of steps, overhanging eaves, gutters, or cornices.

      (1)   FRONT. The minimum required open space, extending the full width of the lot from the right-of-way line to the nearest point on the nearest building or structure.

      (2)   REAR. The minimum required open space extending the full width of the building and extending back from the rear lot line to the nearest point on the nearest building.

      (3)   SIDE. The minimum required open space extending the full depth of the lot and extending from the side lot line to the nearest point of the main building.

   ZONING LOT.

      (1)   Either:

         (a)   A lot of record existing on the effective date of this chapter or any applicable subsequent amendment thereto;

         (b)   A tract of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block, which, on the effective date of this chapter or any applicable subsequent amendment thereto, was in single ownership; or

         (c)   A tract of land, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy), is designated by its owner or developer as a tract all of which is to be used, developed, or built on as a unit under single ownership.

      (2)   A ZONING LOT therefore may or may not coincide with a lot as shown on the official tax maps of the village, or on any recorded subdivision plat or deed.

      (3)   A ZONING LOT may be subdivided into two or more zoning lots, provided that all resulting zoning lots and all buildings thereon shall comply with all of the applicable provisions of this chapter. If such ZONING LOT, however, is occupied by a noncomplying building, such ZONING LOT may be subdivided provided such subdivision does not create a new noncompliance or increase the degree of noncompliance of such building.

(1995 Code, § 153.004) (Ord. 68-15, passed 8-22-1968)