(a) For purposes of this Zoning Code, the definitions listed in this Chapter shall have the meanings specified herein, except where the text of this Zoning Code clearly indicates or requires a different meaning:
(1) "Accessory use" means a use or structure subordinate to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use. Accessory uses shall be located on the same lot as the principal use, except as otherwise specified.
(2) "Alley" means any public or private way less than twenty-one feet in width, and any other public or private way, not more than thirty feet in width, whose primary function is to furnish access to the side or rear of properties having their main frontage on a street.
(3) "Apartment house". See "Dwelling, multi-family".
(4) "Automobile repair, major" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender-straightening or repair; overall painting or paint shop; vehicle steam-cleaning.
(5) "Automobile repair, minor" means replacement of parts and motor services to passengers cars and trucks not exceeding one and one-half tons capacity, excluding body repairs.
(6) "Automobile service station or filling station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, and including minor repairs.
(7) "Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(8) "Basement" means that portion of a building below or immediately above grade and not used for habitation.
(9) "Billboard or signboard". See "Sign, advertising".
(10) "Building" means any structure used or intended to be used for the shelter of persons, animals or property, excluding any structure designed as a house-trailer or other type trailer, and excluding structures or installations ordinarily known as industrial, production or manufacturing equipment and parts thereof.
(11) "Building, height of" means the mean vertical distance from the average established grade in the front of the lot, or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, or the deck line of a mansard roof, or to the mid-height of the highest gable or dormer in a pitched or hipped roof, or, if there be no gable or dormers, or the mid-height of a pitched or hipped roof. Where a lot faces on two or more streets or alleys of different average established grades in front of the lot, the higher of such grades shall control only for a depth of 120 feet perpendicularly back from the street line of the higher street or alley. On a corner lot the height is the mean vertical distance from the average established grade or from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more streets are of the same width, from the higher of such grades.
(12) "Building line" means a line parallel to the street right-of-way at any story level of a building and representing the distance which all or any part of the building is set back from such right-of-way line.
(13) "Cemetery" means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
(14) "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.
(15) "Court" means an open, uncovered and unoccupied space, other than a yard, which is surrounded wholly or in part by the walls of a building.
(16) "Court height" means the vertical distance from the sill of the lowest required opening in the court to the mean height of the top of the surrounding walls.
(17) "Court, inner" means a court surrounded on all sides by the exterior walls of a building or by such walls and an interior lot line.
(18) "Court, outer" means a court having a least one side open to a street, yard or other permanent open space.
(19) "Court perimeter" means the total boundary of a court. In an outer court, the line at an open end and dividing the court from a street, yard or permanent open space shall be included in the perimeter.
(20) "Court width" means the horizontal measurement perpendicular to a required opening at the center of its sill and extending to a point on another wall or lot line coinciding with the perimeter of the court.
(21) "Drive-in" means an establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.
(22) "Dwelling" means any building occupied or designed to be occupied exclusively by one or more dwelling units, each of which is used or designed to be used as a permanent place of abode.
(23) "Dwelling, single-family" means a detached dwelling containing only one dwelling unit.
(24) "Dwelling, two-family" means a dwelling containing two dwelling units.
(25) "Dwelling, multi-family" means a dwelling or portion of a building containing three or more dwelling units.
(26) "Dwelling unit" means one room, or a suite of two or more rooms in a building, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
(27) "Dwelling unit, efficiency" means a dwelling unit in a multi-family dwelling, consisting of two habitable rooms or less and not exceeding 500 square feet in gross floor area including all rooms, measured within the outside walls of the dwelling unit.
(28) "Dwelling unit, intermediate" means a dwelling unit in a multi-family dwelling, consisting of four habitable rooms or less but not more than one bedroom, and containing over 500 square feet but not more than 750 square feet in gross floor area, including all rooms, measured within the outside walls of the dwelling unit.
(29) "Dwelling unit, regular" means a dwelling unit other than an efficiency or intermediate dwelling unit.
(30) "Family" means 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 rooming house, motel or hotel.
(31) "Floor area" means gross floor area, measured to the outside surface of outside walls.
(32) "Frontage" means land abutting a street or alley. Where a specified amount of frontage is required, such shall be measured between and perpendicular to parallel lines intersecting the street or alley and extending into the lot or group housing project parcel.
(33) "Hospital" means a building or portion thereof used for the treatment of sick, injured or infirm persons and accredited by the American Hospital Association.
(34) "Hotel or motel" means any building or portion thereof containing six or more guest rooms or suites in which no provision for cooking is made.
(35) "House trailer". See "Mobile home".
(36) "Housing for the elderly" means a multi-family dwelling containing dwelling units which do not exceed 600 square feet in floor area, measured within the outside walls of the dwelling unit, and which dwelling units are provided with at least eight of the following items of equipment and building design: ramps or elevators in place of steps; non-skid floors; doors of sufficient width to accommodate wheelchairs to all rooms; electric cooking stoves; showers in place of tubs for more than fifty percent (50%) of the dwelling units; electric outlets at levels at least twenty-four inches above the floor; grab bars around tubs (where tubs are provided) and toilets; central heating; handle-type spigots and door knobs; emergency signals which ring in adjoining apartments or at a central location.
(37) "Including" means including but not necessarily limited to.
(38) "Industry" means storage, repair, manufacture, preparation, processing, or treatment of any article, substance or commodity.
(39) "Kennel" means any structure or premises on which five or more dogs over four months of age are kept for compensation.
(40) "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(41) "Lodging house". See "Rooming house".
(42) "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this Zoning Code, and which piece or parcel has frontage on a street and no part of the piece or parcel less than fifteen feet in width where such part furnishes the principal means of access to a street.
(43) "Lot of record" means a lot which is part of a subdivision, the map of which has been recorded in the office of the Putnam County Recorder, or a parcel of land, the deed to which was of record as of the effective date of the Zoning Code. For the purposes of this Zoning Code, any preliminary plan of a subdivision which has been approved by official action of the Planning Commission, as of the effective date of this Zoning Code, shall have the same status as if the subdivision plan was officially recorded in the office of the County Recorder.
(44) "Lot, corner" means a lot abutting two or more streets at their intersection or upon two parts of the same street, such intersecting streets or parts of the same street forming an interior angle of less than 135 degrees.
(45) "Lot, interior" means a lot other than a corner lot.
(46) "Lot lines" means the property lines bounding a lot.
(47) "Lot line, front" means the line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line; provided that where the length of a shorter street line is less than ninety percent (90%) of the length of the longer street line, the shorter street line shall be considered as the front lot line.
(48) "Lot line, rear" means the lot line opposite the front lot line. In the case of an irregular, triangular or gore-shaped lot, it shall mean a line within the lot, ten feet long, parallel to and at the maximum distance from the front lot line.
(49) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street shall be called a side street lot line. A side lot separating a lot from another lot or lots shall be called an interior side lot line.
(50) "Lot line, street or alley" means a lot line separating the lot from a street or alley.
(51) "Lot area" means the computed area contained within the lot lines.
(52) "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
(53) "Manufacturing" means the assembling, altering, converting, fabricating, finishing, processing or treatment of a product.
(54) "Mobile home" means a structure designed to be used for human habitation, carrying or storage of persons or property, not having permanent foundation, being able to be equipped with wheels or other devices to be transported from place to place, for permanent habitation.
(55) "Motel". See "Hotel".
(56) "Nonconforming use" means a building, structure or premises legally existing and/or used at the time of the adoption of this Zoning Code, or any amendment thereto and which does not conform to the use regulations of the district in which it is located. Any such building, structure or premises conforming with respect to use but not with respect to height, area, yards, courts and other requirements, shall not be considered a nonconforming use.
(57) "Nursery or day-care center" means a building used for the day care of three or more children whose ages are not less than two nor more than twelve years.
(58) "Nursing home, rest home or convalescent home" means a place, residence or home used for the boarding and care, for a consideration, of not less than three nor more than fifty persons not members of the immediate family operating such facilities, who by reason of age or infirmity are dependent upon the services of others. Such use shall not include hospitals or other similar uses specified and regulated by the Zoning Code.
(59) "Open space" means a yard, court or the space between two buildings or between a building and the boundary line of a parcel.
(60) "Parking space" means a permanently surfaced area of not less than 160 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
(61) "Public utility services" means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems reasonably necessary for the furnishing of adequate Village-wide, community or neighborhood service by such public utilities or municipal or other governmental agencies for the public health or safety or general welfare, but not including buildings. Public utility services shall be deemed to exclude customarily accessory telephone, electrical, gas, sewer, or water connections to individual properties.
(62) "Public utility stations" means buildings or structures serving as distribution or service centers for only a section of the City, including such uses as water pumping stations, water reservoirs, transformer stations, telephone exchanges, rails or bus waiting shelters and similar uses.
(63) "Recreational vehicle" means a structure designed to be used for human habitation not having a permanent foundation, equipped with wheels or other devices for mobility, intended to be transported from place to place for recreational purposes.
(64) "Room, habitable" means a room occupied or designed to be occupied by one or more persons for living, sleeping, eating or cooking, including kitchens serving a dwelling unit, but not including bathrooms, toilet compartments, laundries, pantries, cellars, attics for storage and other similarly approved spaces that are not used frequently or for extended periods.
(65) "Rooming house" means a single-family dwelling where more than two but less than six rooms for lodging, with or without meals, are provided for compensation.
(66) "Screen-fence" means a wall or fence, including gates, which has its posts and stringers constructed of metal, masonry or concrete, redwood, pressure treated lumber or cypress; has all other parts or members constructed of metal, masonry, concrete, redwood, pressure treated lumber, or cypress; has openings in a horizontal plane which do not exceed twenty-five percent (25%) of the side area of such wall or fence and has not single opening with a perimeter in excess of four feet.
(EDITOR'S NOTE: Former subsections (67) through (71) were repealed by Ordinance 1298, passed December 16, 1991.)
(72) "Space, nonhabitable" means space used as a kitchenette pantry, laundry, closet, bath, toilet, rest, dressing, locker, storage, utility, heater or boiler room; and other spaces used only for service and maintenance of a building; and those spaces used only for access and vertical travel between stories.
(73) "Space, occupied" means space in a building other than a habitable room wherein people normally work, assemble or remain for a period of time.
(74) "Story" means that part of a building included between any floor and the floor or roof next above; provided that for the purpose of regulating the dimensions of yards and courts, where the average height of any building exceeds twelve feet, each twelve feet or fraction thereof a total building height shall be considered as a separate story, except the first story, which may be fifteen feet high.
(75) "Street" means any public or private way more than thirty feet in width, and any other public or private way, not less than twenty-one feet in width, whose primary function is to furnish the chief means of access to the properties abutting it.
(76) "Structure" means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground.
(77) "Structural alteration " means any change in the structural members of a building, such as walls, columns, beams or girders.
(78) "Tourist home" means a building or part thereof, other than a hotel, rooming house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
(79) "Trailer" means all non self-propelled structures able to be licensed for travel on the highway, and used for all purposes except human habitation, ie. utility trailers, house trailers, etc.
(80) "Truck terminal" means a premises which is used for loading or unloading of trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneously loading or unloading of five or more trucks.
(81) "Use, conditional" means a use of land or buildings subject not only to the minimum requirements for such conditional use and any other requirements specified for such use in the district where such use is located, but also to such additional requirements as the Planning Commission is empowered to impose, and for which use a permit may be issued by the Village Clerk only after a public hearing before abutting property owners has been held by the Planning Commission.
(82) "Use, permitted" means a use of land or buildings subject only to the minimum requirements and any other requirements specified for such use in the district where such use is located, and for which use a permit may be issued by the Village Clerk if such requirements are complied with.
(83) "Vacant". See Chapter 1167 Nonconforming Use.
(84) "Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise specified in this Zoning Code.
(85) "Yard, front" means a yard extending across the full width of the lot and measured between the front lot line and the building.
(86) "Yard, rear" means a yard extending across the full width of the lot and measured between the rear lot line and the building.
(87) "Yard, side" means a yard extending from the front yard to the rear yard and measured between the side lot line and the building.
(Ord. 1135. Passed 11-26-84.)