Unless otherwise expressly stated, the following words shall, for the purpose of this title, have the meanings herein indicated. Any pertinent word or term not a part of this listing but vital to the interpretation of this title shall be construed to have its usual legal definition.
The present tense includes the future tense.
The masculine gender includes the feminine and the neuter.
The singular number includes the plural and vice versa.
The word "shall" is always mandatory; the word "may" is always permissive.
The word "person" includes a partnership, association, firm, trust, club, company or corporation, as well as the individual.
The word "used" or "occupied" or "located", as applied to any land, building, use, structure or premises, shall be construed to include the words "intended, arranged or designed to be used or occupied or located".
The word "lot" shall include the words "plot" and "parcel".
The word "village" shall mean the village of Peoria Heights, Illinois.
The word "board" shall mean the zoning board of appeals of the village.
The words "planning commission" shall mean the planning commission of the village.
The word "engineer" shall mean the person or firm retained as engineer by the village.
The words "governing body" shall mean the board of trustees of the village.
ACCESSORY STRUCTURE: A structure, the size of which exceeds twenty five (25) square feet, on the same lot with the main or principal structure or the main or principal use and subordinate to and used for purposes customarily incidental to the main or principal use. The accessory structure may or may not be permanently affixed to the surface of the ground and shall include other things, gazebos, buildings, walls, fences, billboards, swimming pools and signs.
ACCESSORY USE: A use on the same lot with, incidental and subordinate to the main or principal use or the main or principal structure.
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A. A commercial establishment which has a significant or substantial portion of its stock in trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use by or abuse of persons.
B. The term adult bookstore, adult novelty store, or adult video store shall also include a commercial establishment which regularly maintains one or more adult arcades. "Adult arcade" means any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
ADULT CABARET: A nightclub, dance hall, bar, restaurant, or similar commercial establishment that regularly features:
A. Persons who appear in a state of nudity or seminudity; or
B. Live performances that are characterized by the display of specified sexual activities; or
C. Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the display of specified sexual activities or nudity or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER: An enclosed building, with a capacity for less than fifty (50) persons, used regularly and routinely for presenting material distinguished or characterized by an emphasis on matter displaying specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MODEL STUDIO: A place where persons who regularly appear in a state of nudity or seminudity are provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this title that a person appearing in a state of nudity or seminudity did so in a modeling class operated:
A. By a college, junior college, or university supported entirely or partly by taxation;
B. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and
2. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
ADULT MOTEL: A motel, hotel, or similar commercial establishment which:
A. Offers public accommodations, for any form of consideration, and which regularly provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and which regularly advertises the availability of such material by means of a sign visible from the public right of way or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; and
B. Regularly offers sleeping rooms for rent for a period of time less than ten (10) hours.
ADULT MOTION PICTURE THEATER: An enclosed building, with a capacity of fifty (50) or more persons, used regularly and routinely for presenting material distinguished or characterized by an emphasis on matter displaying specified sexual activities or specified anatomical areas as a dominant theme for observation by patrons therein.
ADULT USE: The following shall be considered sexually oriented adult uses for the purpose of this title: a) adult bookstore, adult novelty store, or adult video store; b) adult cabaret; c) adult motel; d) adult mini-motion picture theater; e) adult motion picture theater; and f) adult model studio.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization, adult-use cannabis infuser organization, adult-use cannabis dispensing organization, or adult-use cannabis transporting organization.
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchases or to qualified registered medical cannabis patients and caregivers pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION or INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis- infused product pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION or PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION or TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
ALLEY: A permanent service right of way which affords only a secondary means of access to property abutting such right of way and is not intended for general traffic circulation.
AREA, BUILDING: The total area taken on a horizontal plane at the largest floor level of the main or principal building and all accessory buildings on the same lot exclusive of uncovered porches, terraces, steps, awnings, marquees and nonpermanent canopies and planters.
AREA, FLOOR: The sum of the gross horizontal areas of the several stories of a building excluding cellar and basement floor areas not devoted to residential use, but including the area of walled in and roofed porches and terraces. All dimensions shall be measured between exterior faces of walls.
AREA, FLOOR, HABITABLE: The sum of the horizontal areas of all rooms in a building used for habitation, such as living room, dining room, kitchen, bedroom, bathroom or closet, but not including hallways, stairways, service rooms or utility rooms, not unheated rooms such as enclosed porches, and not rooms without at least one window or skylight opening onto a yard or court, measured between the interior faces of walls.
AREA, LOT: The total area within the lot lines.
AUTOMOTIVE PARTS RECYCLER: A person who is in the business of acquiring previously owned vehicles and vehicle parts for the primary purpose of disposing of parts of vehicles in a manner other than that described in the definition of a “scrap processor” in this Code or disposing of previously owned vehicles in the manner described in the definition of a “scrap processor” in this Code.
AUTOMOTIVE USES: All uses involving the maintenance, repair, sale or processing of vehicles including, without limitation, junkyards and the activities of automotive parts recyclers, rebuilders, scrap processors and vehicle dealers.
BASEMENT: A story having part, but not more than one-half (1/2), its height below grade.
BLOCK FACE: Property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right of way, waterway, unsubdivided area or other definite boundary.
BOARDING HOUSE: A dwelling containing at least three (3) dwelling units or lodging units in whatever combination. Meals are provided within such boarding house to the residents of the lodging units.
BUILDING: An enclosed structure having a roof supported by columns, walls, arches, or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.
BUILDING, MAIN OR PRINCIPAL: The building in which is conducted the main or principal use of the lot on which it is located.
CELLAR: A story having less than one-half (1/2) of its height above grade.
CONTROLLED SUBSTANCE: A drug, substance, or immediate precursor listed in schedule II of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/206.
COURT: An open space, other than a yard, on the same lot with a building, which is bounded on two (2) or more sides by, but is not enclosed by, the walls of such building.
COVERAGE: The percentage of the lot area covered by the building area.
CRTA: The Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as it may be amended from time-to-time, and regulations promulgated thereunder.
CURB LEVEL: The average elevation of the established curb of a street taken along the curb line between the points of intersection of the curb line and the lot lines. Where no curb has been established, the "curb level" shall be the average elevation of the land surface taken along the street right-of- way line between the points of intersection of the right-of- way line and the lot lines.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to materials "which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas", the materials so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.
DRUG TREATMENT AND REHABILITATION FACILITY: A building designed for medical treatment of the abuse of, or the psychological or physiological dependence on, alcohol or controlled substances during normal business hours and with no overnight services or care. Drug treatment and rehabilitation facilities shall not be considered professional offices, business offices, laboratories for research and testing, offices, health centers, medical clinics, retail businesses, offices of doctors or practitioners in healing arts or medical offices for purposes of this title.
DWELLING: A building designed for residential living purposes and containing one or more dwelling units and/or lodging units.
DWELLING, GROUP: A group of two (2) or more single-family, two-family, or multi-family dwellings in whatever combination, occupying a lot or lots in one ownership.
DWELLING, MULTI-FAMILY: A dwelling containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit.
DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units with one dwelling unit arranged on the story or stories above the other dwelling unit.
DWELLING UNIT: One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and not more than two (2) roomers or boarders, and which contain a stove, sink and other kitchen facilities.
EMPLOY, EMPLOYEE AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of an adult use, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
FAMILY:
A. An individual; or
B. Two (2) or more persons related by blood, marriage, or adoption; or
C. A maximum of five (5) persons not so related, together with their domestic servants and gratuitous guests maintaining common household in a dwelling unit or lodging unit.
FIREARMS RELATED FACILITY: Any commercial facility involving the purchase, sale, repair or discharge of firearms. Examples of such facilities include, without limitation, a business which includes as part of its operation the purchase or sale of firearms at wholesale or retail, a facility engaged in the business of repairing firearms and any shooting gallery or gun range, whether indoors or outdoors, where firearms are discharged.
GARAGE, PUBLIC: A building in which, for compensation, one or more vehicles are parked.
GRADE: The average of the elevation of the surface of the ground measured at all corners of a building.
HEIGHT: The vertical measurement from grade to a point midway between the highest and lowest points of the roof of a building or the vertical measurement from the average level of the surface of the ground immediately surrounding a structure to the uppermost portion of such structure.
HOME OCCUPATION:
A. An accessory use of a service character, customarily conducted within a dwelling, which is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a sign.
B. The occupation must conform to the following additional conditions:
1. It must be carried on solely by the members of the family who are residing on the premises.
2. The total floor area devoted to such use shall not exceed twenty five percent (25%) of the area of one floor of the dwelling, shall be located only in the dwelling and shall not be located in any structure accessory thereto nor in the open.
3. No article shall be sold or offered for sale except such as may be produced on the premises.
4. No mechanical equipment shall be used except of a type that is similar in character to that normally used for purely domestic or household purposes.
C. The term home occupation shall not include dancing instruction, group musical instruction, tearooms, tourist homes, beauty shops, real estate offices, insurance offices, investment offices, the repair or servicing of automotive vehicles or the conduct of any other trade or business not herein excepted.
HOTEL: A building containing separate accommodations for use by primarily transient persons. A hotel may contain restaurants, barbershops and other accessory services for serving primarily its residents and only incidentally the public.
JUNKYARD: A lot, land, building or structure, or part thereof, used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded materials or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts therefrom.
KENNEL: The keeping or housing of three (3) or more dogs six (6) months old or older, either as an accessory use or a principal use. Any kennel shall be within a completely enclosed building, or if outdoor runs are provided, they shall be completely enclosed by a woven wire fencing, solid fence or wall. A kennel or any part thereof shall not be located in any front or side yard and not within five feet (5') of any side or rear lot line in a rear yard.
LODGING HOUSE: A dwelling containing at least three (3) dwelling units or lodging units in whatever combination. Meals are not provided within such lodging house to the residents of the lodging units.
LODGING UNIT: One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and do not contain cooking facilities.
LOT: When used alone, shall mean a zoning lot unless the context of this title clearly indicates otherwise.
LOT, CORNER: A lot located:
A. At the junction of and abutting two (2) or more intersecting streets; or
B. At the junction of and abutting a street and the nearest shoreline or high water line of a stormwater or floodwater runoff channel or basin; or
C. At the junction of an abutting two (2) or more stormwater or floodwater runoff channels or basins; or
D. At and abutting the point of abrupt change of a single street where the interior angle is less than one hundred thirty five degrees (135°) and the radius of the street is less than one hundred feet (100').
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a lot.
MASSAGE OR MASSAGE THERAPY: The structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. Massage or massage therapy includes Asian bodywork as practiced by members of the American Organization of Bodywork Therapies of Asia or any other similar organization approving the practice of Asian bodywork. Massage or massage therapy does not include the aforementioned practices when engaged in by persons licensed by the State of Illinois as physicians, podiatric physicians, physical therapists, nurses, occupational therapists, massage therapists, cosmetologists or estheticians when performed in a manner consistent with the training and code of ethics of the licensed professionals.
MASTER PLAN: The complete plan or any of its parts for the development of the Village and adopted by the Governing Body as the official plan.
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.
MOTEL: A building or group of buildings, whether detached, semidetached or attached, containing accommodations for primarily transient automobile travelers. Except as otherwise provided in chapter 8, article E of this title regarding adult motels, the term motel includes such buildings designated as tourist courts, tourist cabins, motor lodges and other similar terms.
NONCONFORMING LOT, STRUCTURE OR USE: A lot, sign, structure or use which does not conform to the regulations and standards of the district in which it is located. An existing use which under current provisions of this Title would constitute a special use, which existing use was established without approval as a special use by the Village Board, is a nonconforming use.
NUDITY OR STATE OF NUDITY: The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
NURSING OR CONVALESCENT HOME: A building containing sleeping rooms where persons are housed or lodged and are furnished with meals and nursing care for hire, but not including drug treatment and rehabilitation facilities as defined herein.
OPEN SPACE: That area within the boundaries of a lot that is intended to provide light and air, and is designed for either scenic or recreational purposes. Open space may include, but need not be limited to, lawns, decorative plantings, walkways, active and passive recreation areas, children's playgrounds, fountains, swimming pools, wooded areas, water bodies and those areas where landscaping and screening are required by the provisions of this title.
OPERATE OR CAUSE TO BE OPERATED; OPERATOR: To cause to function or to put or keep in a state of doing business. "Operator" means any persons on the premises of an adult use who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated an adult use whether or not that person is an owner, part owner, or licensee of the business.
PARKING LOT: A lot, court, yard or portion thereof used for the parking of vehicles.
PARKING SPACE: A space accessory to a use or structure for the parking of one vehicle, the size of which shall be determined as herein specified.
PLANNED DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more main or principal structures and is identified to its main or principal use by its functional definition prefix, as dwelling group.
REBUILDER: A person who is in the business of returning a vehicle for which a salvage certificate has been previously issued back to its original or operating condition.
REGULARLY FEATURES OR REGULARLY SHOWN OR REGULARLY PRESENTED: A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult use.
RIGHT OF WAY: The entire dedicated tract or strip of land that is to be used by the public for circulation and service.
RINGELMANN CHART: A smoke chart giving shades of gray to which the density of columns of smoke rising from stacks may be compared. Each such shade of gray is categorized according to a Ringelmann number.
SCRAP PROCESSOR: A person who purchases a vehicle, junk vehicle, or vehicle cowl for processing into a form other than a vehicle, junk vehicle, or vehicle cowl for remelting purposes only, who from a fixed location utilizes machinery and equipment for processing or manufacturing ferrous or nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap and who records the purchases on a weight ticket.
SCREEN PLANTING: A vegetative material of sufficient height and density to filter adequately from view, in adjoining districts, structures and uses on the premises upon which the screen planting is located.
SEMINUDE OR STATE OF SEMINUDITY: The exposure of a bare male or female buttocks or the female breast below a horizontal line across the top of the areola at its highest point with less than a complete and opaque covering.
SETBACK LINE: The building restriction line nearest the front of and across a lot establishing the minimum distance to be provided between the line of a structure located on said lot and the nearest street right of way line or centerline or the nearest shoreline or high water line of a stormwater or floodwater runoff channel or basin.
SMOKE UNIT: The emission of smoke of a density of Ringelmann number 1 for a period of one minute.
SPECIAL USE: A use permitted in a district pursuant to, and in compliance with, procedures specified herein.
SPECIFIED ANATOMICAL AREAS: Any of the following conditions:
A. Less than completely and opaquely covered:
1. Human genitals, pubic region, or pubic hair;
2. Buttock;
3. Female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Any of the following conditions:
A. Human genitals in a state of sexual stimulation or arousal.
B. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation.
C. Excretory functions as part of or in connection with any activities set forth in subsections A and B of this definition.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above, then the space between any floor and the ceiling next above it.
STREET: A thoroughfare within the right of way which affords the principal means of access to abutting property. A street may be designated as an avenue or a boulevard, drive, highway, lane, parkway, place, road, thoroughfare or other appropriate name.
STRUCTURE: Anything constructed or erected with a fixed location on the surface of the ground or affixed to something having a fixed location on the surface of the ground. Among other things, structures include buildings, walls, fences, billboards, swimming pools and signs. For purposes of calculating placement of fences under this title, the front wall or front line of the principal structure shall be used as the starting point to measure, and the structure shall not include the area attributable to a deck, porch or other abutment regardless of whether the extension is finished or used as living space.
STRUCTURE, MAIN OR PRINCIPAL: The structure in or upon which is conducted the main or principal use of the lot on which it is located.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or addition of or to a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing state or local codes or ordinances or alterations to a structure listed on the national register of historic places or the state inventory of historic places.
TOURIST HOME: A dwelling containing the dwelling unit of the owner or operator and containing separate accommodations primarily for transient automobile travelers.
TRAILER CAMP OR MOBILE HOME PARK: A tract of land meeting the standards established by the county health authorities and by the Illinois state department of public health:
A. Where two (2) or more inhabited trailer coaches are parked; or
B. Which is used by the public as parking space for two (2) or more inhabited trailer coaches.
TRAILER COACH OR MOBILE HOME: Any portable or mobile vehicle used for residential living purposes by a family. For the purpose of this title, such vehicle shall be classified as a trailer coach whether or not its wheels, rollers, skids or other rolling equipment have been removed, or whether or not any addition thereto has been built on the ground.
USE: The specific purpose for which land, a structure or premises is designed, arranged, or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VEHICLE: Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under the Illinois Vehicle Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.
VEHICLE DEALER: Every person engaged in the business of acquiring or disposing of vehicles or their essential parts and who has an established place of business for such purposes.
VIEWING ROOM BOOTH OR CUBICLE: An area designed for the viewing of videos, books or other visual materials characterized by an emphasis on specified sexual activities or specified anatomical areas, which area is less than eighty (80) square feet of floor area. Video room booth or cubicle does not include the theater area of an adult motion picture theater or an adult mini-motion picture theater that has a capacity of at least ten (10) people.
YARD: An open space, other than a court, of uniform width or depth on the same lot with a structure lying between the structure and the nearest lot line and is unoccupied and unobstructed from the surface of the ground upward, except as may be specifically provided by the regulations and standards of this title. For purposes of calculating placement of fences in front, rear and side yards under this title, the nearest line of a structure located on a lot shall be the front wall or front line of the main dwelling structure where the enclosed living space begins, and shall not include the area attributable to a deck, porch or other abutment regardless of whether the extension is finished or used as living space.
YARD, FRONT: A yard extending the full width of a lot and situated between the front lot line and the nearest line of a structure located on said lot. Where a lot is located such that its rear and front lot lines each abut a street right of way line or the nearest shoreline or high water line of a stormwater or floodwater runoff channel or basin, both such yards shall be classified as front yards. Each yard of a corner lot facing a street right-of-way line or the shoreline or high water line of a stormwater or floodwater runoff channel or basin shall be classified as a front yard.
YARD, REAR: A yard extending the full width of a lot and situated between the rear lot line and the nearest line of a structure located on said lot.
YARD, SIDE: A yard situated between the side lot line and the nearest line of a structure located on said lot and extending from the rear line of the required front yard to the front line of the required rear yard.
ZONING LOT: A single property, parcel, unit, tract, plot or otherwise designated portion of land, having metes and bounds, which is designated by its owner or developer as a property, parcel, unit, tract, plot or otherwise designated portion of land which has been sold, or is offered, or will be offered for sale, and is to be used, developed or built upon as a unit under single ownership or control, and which is occupied or capable of being occupied by one or more structures and the accessory structures or uses customarily incidental thereto, including such open spaces as are arranged and designed to be used in connection with such structure. A zoning lot may or may not coincide with a lot of record. (Ord. 740, 4-7-1970; amd. Ord. 1010, 12-3-1985; Ord. 2008-1301, 9-2-2008; Ord. 2008-1302, 9-2-2008; Ord. 2013-1397, 12-17-2013; Ord. 2014-1410, 9-16-2014; 2016 Code; Ord. 2017-1516, 9-5-2017; Ord. 2018-1549, 3-20-2018; Ord. 2019-1608, 12-17-2019; Ord. 2022-1679, 6-7-2022; Ord. 2022-1688, 11-1-2022)