(A) Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word “shall” is mandatory and not directory.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A subordinate building or a portion of the main building, located on the same lot as the main building, the use of which is incidental to that of the main building or to the main use of the lot. An ACCESSORY USE is one which is incidental to the main use of a building or land.
BLOCK FRONT. All of the property on one side of a street between two intersecting streets.
BUILDING. Any structure, including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property and forming a construction that is safe and stable; the word BUILDING shall include the word STRUCTURE.
BUILDING, HEIGHT OF. The vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip or gambrel roofs.
CLINIC. An establishment where patients, who are not lodged overnight are admitted for examination and treatment by two or more dentists or physicians practicing together.
DISTRICT. A section or sections of the village for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and intensity of use are uniform.
DWELLING. Any building or portion thereof designed for or used exclusively for residential purposes, but not including hotels, motels, motor courts or trailers.
DWELLING, MULTIPLE. A building designed for or occupied by three or more families.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively by one family as a residence.
DWELLING, TWO-FAMILY. A building designed for or occupied by two families.
DWELLING UNIT. A room or group of rooms within a dwelling and forming a single habitable unit with permanent facilities for living, sleeping and cooking.
FAMILY. One or more persons each related to the other by blood, marriage or adoption, or a group of not more than three persons not so related maintaining a common household in a dwelling unit. Domestic servants and gratuitous guests residing with a FAMILY shall be considered to be members of the FAMILY.
FARM. An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals only for the use or consumption of the person or persons operating the FARM. 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 or any such accessory uses shall be secondary to that of the normal farming activities; and, provided further that, FARMING does not include the feeding of garbage or offal to swine or other animals.
FLOOR AREA. The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings, but not including cellar or basement space not used for business or commerce.
GARAGE, PRIVATE. An accessory building which is designed or used for the storage of not more than three motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the PRIVATE GARAGE is located. Not more than one of the vehicles may be a commercial vehicle.
GARAGE, PUBLIC. A building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
HOME OCCUPATION.
(a) Any occupation or activity entirely incidental to residential use, when:
1. Carried on in the main building by a member of the immediate family residing on the premises;
2. No sign display or other evidence other than a maximum three square foot identification sign shall be placed on any lot and shall not advertise any product, nor which shall contain any mobile luminous or flashing parts;
3. There is no commodity sold upon the premises;
4. No person is employed other than a member of the immediate family residing on the premises; and
5. No mechanical equipment is used, except of a type that is similar in character to that normally used for purely domestic or household purposes.
(b) HOME OCCUPATION shall include the use of premises by a physician, surgeon or dentist for consultation or emergency treatment, but not for the general practice of his or her profession.
(c) HOME OCCUPATION shall also include private tutoring limited to three pupils at anyone time, nursery schools limited to three pupils, musical instruction limited to a single pupil at a time, and a maximum of four hours of instruction per day; architects, professional engineers, surveyors and other professional persons; provided that, no person is employed other than a member of the immediate family residing on the premises.
(d) A HOME OCCUPATION may include barber shops, beauty shops when:
1. No more than one chair for a barber shop is installed in the building; and no more than two hair dryers for a beauty shop;
2. When the shop is on a 18,000 square foot or more lot and can provide space for two off-street parking spaces on the lot; and
3. Divisions (a) through (d) above are adhered to.
(e) A HOME OCCUPATION shall not be interpreted to include commercial stables and/or kennels.
HOTEL. A building in which lodging, or lodging and meals, are regularly provided or offered to the public for compensation and which is customarily open to transient guests and in which ingress and egress to and from all rooms is made through an inside lobby or office.
JUNK YARD. A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, dismantling, storage and salvaging to machinery or vehicles not in running conditions and for sale of parts thereof. A JUNKYARD includes auto wrecking yards.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter and having its principal frontage upon a street.
LOT LINE. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into an abutting street or alley, the LOT LINE shall be deemed to be the street or alley line. The FRONT LOT LINE is the boundary of a lot which is along a street; except that, on corner lots the front lot line shall be deemed along the street upon which the lot has its least dimension. The REAR LOT LINE is the boundary of a lot at the opposite end of the lot from the front lot line. The SIDE LOT LINE is any boundary of a lot which is not a front or rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of the county prior to the passage of this chapter; or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds of the county prior to the passage of this chapter.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
MORE RESTRICTED CLASSIFICATION. A zoning district in which the limitations upon the uses to which a building or land can be devoted are more restricted than those in the district with which it is being compared. The “A-1”, “A-2”, “A-3” Residence Districts are more restricted than the “B” Commercial District; the “B” Commercial District is more restricted than the “C” Industrial District.
MOTEL, MOTOR HOTEL or MOTOR COURT. A building or group of related buildings in which lodging is provided or offered for compensation to transient guests customarily traveling by automobile.
NON-CONFORMING USE. Any building or land lawfully occupied by a use at the time of passage of this chapter or any amendment thereto, which does not conform after the passage of this chapter or amendment thereto with the use regulations of the district in which it is situated. The term also includes any use of a building or land which becomes non-conforming by virtue of being annexed to the village subsequent to the passage of this chapter.
PARKING SPACE. A surfaced area of at least 180 square feet located on the same lot as the building or use it is intended to serve and of such shape as to be suitable for parking or storage of a motor vehicle. The minimum area is exclusive of driveways which give convenient access between the PARKING SPACE and a street serving the lot.
SERVICE STATION. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting. When such services are incidental to the conduct of a public garage, the use shall be classified as a public garage.
STORY. The portion of a building, other than a cellar or basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; except that, any partial story used for residence purposes, other than for a janitor or caretaker or his or her family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET. Any public or private way set aside as a permanent right-of-way which affords the principal means of access to abutting property.
STRUCTURE. Any thing constructed or erected, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts, pergolas, carports, open sheds and underground storage vaults or tanks.
STRUCTURAL ALTERATION. Any change in the structural or supporting members of a building, such as a bearing wall, columns, beams or girders, or any substantial change in the roof or exterior walls.
TRAILER OR TOURIST CAMP. Any lot or parcel used for one or more auto trailers, tents, house or camp cars or other portable or mobile shelters used for living, sleeping, business or storage purposes.
TRAILER.
(a) Any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which is, has been or reasonably can be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means.
(b) The term TRAILER shall include camp car and house car.
YARD. An open space on the same lot with a building which is measured as the minimum horizontal distance between the lot line and main building. A YARD shall be unoccupied and unobstructed from the ground upward, except as otherwise provided by this chapter or amendments thereto.
YARD, FRONT. A yard extending across the front of a lot between the side lot lines and measured as the minimum horizontal distance between the street line and the front of the main building or any projection thereof, other than the projection of steps, terraces, uncovered porches of uncovered entrance ways which are permitted by this chapter. On corner lots, the FRONT YARD shall be deemed as parallel to the street upon which the lot has its least dimension.
YARD, REAR. A yard extending across the rear of the lot between the side lot lines and measured as the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projection of steps, terraces, uncovered porches or uncovered entrance ways which are permitted by this chapter. On all lots, the REAR YARD shall be at the opposite end of the lot from the front yard.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard to the rear yard. A SIDE YARD is measured as the minimum horizontal distance between the side lot line and the side of the main building.
(Ord. 68, passed - -; Ord. 152, passed - -)