Words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structure subordinate to the principal use of a building or use on the same lot and serving a purpose customarily incidental to the use of the principal building or use.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a buildings, such as walls, floors, columns, beams, or girders.
APARTMENT. Two or more rooms, designed for, arranged for, intended for, or occupied as a residence by one family.
APARTMENT HOUSE. Any building housing three or more apartment units providing said units are the principal use of the building.
BILLBOARD. Any structure or portion thereof on which lettered, figured, or pictorial matter is displayed for advertising purposes of goods or services not offered on the premises, and other than those signs specifically mentioned.
BOARD. The Board of Zoning Appeals of the village.
BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE or DORMITORY. A building or part thereof, other than a hotel or restaurant, where meals and/or lodging are provided for compensation, for three or more persons and where no cooking or dining facilities are provided in individual rooms.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. BUILDING includes the word “structure.”
BUILDING AND ZONING PERMIT. A permit issued by the Zoning Administrator for the construction or alteration of any building or structure.
BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the ridge for gable, hip or gambrel roofs.
COVERAGE. The percentage of the lot area which is covered by any building or part thereof.
DWELLING. Any building or portion thereof designed or used as the residence of one or more persons, but not including a tent, cabin, trailer or trailer coach, mobile home, tree house, or a room in a hotel or motel.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.
DWELLING, REAR. A building designed for or used as the residence or sleeping place of one or more persons.
DWELLING, SINGLE-FAMILY. A building designed for or used for residence purposes by one family or housekeeping unit.
DWELLING, TWO-FAMILY. A building designed for or used by two families or housekeeping units.
DWELLING UNIT. One room or a suite of two or more rooms designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, dormitory, motel or hotel.
FILLING STATION. Any building used for the supply of gasoline, oil or other fuel for motor vehicle propulsion, which can include space and facilities for washing, polishing, greasing and servicing motor vehicles.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
GARAGE, PUBLIC. A building or portion thereof, other than a private garage or filling station, used for equipping, servicing, repairing, hiring, selling or storing vehicles, or similar equipment.
HOME OCCUPATION. An occupation conducted in a dwelling unit, provided that: no person other than members of the family residing on the premises shall be engaged in such occupation; the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation; there shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign mounted flat against the wall of the principal building; No home occupation shall be conducted in any accessory building; no traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; no equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
HOTEL. A building occupied primarily as the temporary abiding place of individuals who are lodged with or without meals, and in which there are more than 12 sleeping rooms or apartments.
JUNK YARD. A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.
LOT. A piece, parcel or tract of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Code, and having frontage on a public street. LOT includes the word “plot.”
LOT AREA. The computed area contained within the lot lines.
LOT, CORNER. A lot at the juncture of and fronting on two or more intersecting streets.
LOT DEPTH. The mean horizontal distance between the front and the rear lot lines.
LOT LINES. The property lines bounding the lot.
LOT LINE, FRONT. The line separating the lot from a street.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
LOT WIDTH. The width of the lot measured at the building setback line.
MOBILE HOME. A single or two-family dwelling unit designed for transportation after fabrication, on streets, highways, land, air, or water, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy after location on the site whether by wheels, jacks, or permanent foundations, and connection to utilities and the like. Not including camp or travel trailers.
MOTEL OR TOURIST COURT. A building, or group of buildings, comprising individual sleeping or living units for the accommodation of transient guests, not containing individual cooking or kitchen facilities.
NONCONFORMING USE. A building, structure or premises legally existing or used at the time of adoption of this chapter, and which does not conform with the use regulations prescribed by this chapter for the district in which located.
OCCUPIED includes the words “designed” or “intended to be occupied.”
PARKING SPACE. The area required for parking one automobile, which in this chapter is held to be an area not less than eight feet wide and 18 feet long, either within a structure or in the open, exclusive of driveways or access drives.
PERSON Includes a corporation as well as an individual.
SETBACK LINE. The closest point at which a building may be constructed in relation to the lot line.
SHALL. Is mandatory and not directory.
SPA/HOT TUB. An artificial container of water with a liquid capacity greater than 100 gallons and designed with a mechanical air injection system and/or reticulating device. These devices may filter and/or disinfect the water for reuse and are not intended to be drained between uses.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
SWIMMING POOL. A structure constructed or placed below ground or above ground, which contains water in excess of 24 inches in depth and is suitable or utilized for swimming or wading.
THIS CHAPTER. Where this term appears or shall appear, it shall be interpreted to mean and to refer to the Zoning Code of the Village of New Bremen, inclusive of all amendments and supplemental sections which have been or may be added thereto.
TOURIST HOME. A building or part thereof, other than a hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
TOURIST COURT. See MOTEL.
USED Includes the words “arranged,” “designed,” or “intended to be used.”
VARIANCE. A variation from a strict interpretation of the terms of this chapter, owing to peculiar conditions or circumstances which apply only to the property in question, and no other. As used in this chapter, a variance is authorized only for height, area, yard, or setback requirements.
YARD. An open space at grade between the edges of a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
YARD, FRONT. An open space extending the full width of the lot between the edge of a building and the front lot line, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, REAR. An open space extending the full width of the lot between the edge of a building and the rear lot line; unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, SIDE. An open space extending from the front yard to the rear yard between the edge of a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
ZONING ADMINISTRATOR. The person authorized to issue building and zoning permits and to enforce the zoning code of the village, as designated by the Mayor.
(Ord. 1969-11-22, passed 11- -69; Am. Ord. 1972-6-11, passed - - 72; Am. Ord. 2007-9-39, passed 11-27-07)