A. Rules Of Word Construction: The language set forth in the text of this section shall be interpreted in accordance with the following rules of construction:
1. The singular number includes the plural and the plural the singular.
2. The present tense includes the past and future tenses, and the future the present.
3. The word "shall" is mandatory; the word "may" is permissive.
4. The masculine gender includes the feminine and neuter.
5. Whenever a word or term defined hereinafter appears in the text of this section, its meaning shall be construed as set forth in the definition thereof; and any word herein defined shall be construed in the same sense as that word.
6. All measurements are expressed in square feet and shall be to the nearest integral square foot; if a fraction is one-half (1/2) square foot or more, the integral square foot next above shall be taken.
7. Regulatory fees for vending machines shall be applied to the individual machine, and not to the business location, and said vending machines cannot be relocated within the Village without the issuance of a new certificate, upon notification, in writing, to the Director of Administrative Services of such relocation.
B. Definitions: The following words and terms wherever they occur in this Section shall be construed as herein defined:
ACCESSORY USE: A use customarily incidental and subordinate to the principal use of a building located on the same lot with the principal use of the building.
ADVERTISING SIGN: Any sign which directs attention to a business, commodity, service, activity or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
BASEMENT: The portion of a building located partly underground but having less than one-half (1/2) its clear floor-to-ceiling height below the average grade of the adjoining ground.
CELLAR: The portion of a building partly or wholly underground but having one-half (1/2) or more than one-half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground.
COMMERCIAL ESTABLISHMENTS AND/OR BUSINESS ACTIVITIES: Includes the following types of commercial establishments and business activities located or conducted within the Village.
1. Retail sales involving the exchange of any commodity for a price or fee by a seller to a consumer.
2. Service businesses, including hospitals, involving any service performed or rendered for a price or fee whether or not a commodity is worked upon or exchanged.
3. Manufacturing businesses involving any activity where a product is produced for distribution to any retail or service business.
4. Wholesale and/or storage involving any other business or business activity or process from procurement of raw materials to delivery to the final consumer.
5. Any business activity, retail, service, manufacturing, wholesale and/or storage which is conducted within the Village, whose principal place of business may or may not be located within the Village, but is listed as requiring a business certificate herein.
6. A commercial establishment under this Section is deemed to be any person, company, firm, partnership, corporation or other legal entity chartered, licensed, incorporated or declared to be in existence for the purpose of making a profit from its activities. The provisions of this Section shall apply to profit-oriented activities but are not applicable to recognized not-for-profit or eleemosynary establishments or activities except as may be provided herein.
FLOOR AREA: The sum of the gross horizontal areas of all of the several floors of a building and its accessory buildings measured in square feet from the exterior faces of the exterior walls or from the center line of party walls separating two (2) buildings or business establishments on each of the respective floors, and shall include the basement floor, a cellar floor, motor vehicle parking space when such space is used in conjunction with a drive-in commercial establishment, and commercial establishments, devoted to the sale, service and/or repair of motor vehicles, floor space used for mechanical equipment, whether open or enclosed, penthouse attic space, balconies, mezzanines, porches, verandas and floor area devoted to and occupied by accessory uses.
HOME OCCUPATION BUSINESS CERTIFICATE: The Village is not opposed to the development of a business which starts as a small home occupation providing that the home occupation does not impinge upon the rights and privileges of the abutting and adjoining homeowners and, further, that the home occupation is conducted in such manner that it does not change in any way the neighborhood atmosphere of an R-1, R-2 or R-3 Residential District. Such home occupations must comply with the provisions of Section 4-1-6 (Home Occupations) of this Code. A home occupation business certificate is required and the fee is as set forth in the fee schedule.
OFFICE: Any service performed or rendered, whether for profit, control or nonprofit. Common uses found in this definition shall include but are not necessarily limited to the following activities:
1. Insurance, real estate, financial institutions, finance companies and other similar business and professional offices.
2. Medical clinics, doctors, dentists, lawyers, accountants, architects, designers offices.
3. Business offices, such as district offices, sales offices, or branch offices.
Any multiple use of the same office facilities will require an individual registration for each separate use. Accounting records will be used to determine if separate or multiple uses are being conducted in the same office facilities.
OWNER: Any individual, firm, association, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in a commercial establishment to maintain and manage its operation.
PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity. (Ords. 68(8)-1-3, 68(8)-2-14, 71-13-31, 74-12-19, 23-12-42)