§ 152.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word BUILDING includes the word STRUCTURE and the word SHALL is mandatory and not directory.
   ACCESSORY BUILDING OR USE. A subordinate building or a portion of the main building or a use which is customarily incidental to and located on the same lot with the main building or the main use of the premises, and which is constructed or established at the same time or after construction of the main building or use.
   ALLEY. A public or private way which affords only a secondary means of access to abutting property.
   ANIMAL HOSPITAL. A building used for the care of domestic animals.
   APARTMENT. A room or suite of rooms intended, designed, or used as the dwelling of a family, including bath and culinary accommodations, located in a building in which are three or more such rooms or suites.
   APARTMENT HOUSE. See DWELLING, MULTIPLE.
   BASEMENT. A story having part but not more than one-half its height below grade. A BASEMENT is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes other than by a janitor employed on the premises.
   BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement, meals or lodging and meals are provided for three or more, but not exceeding 20 persons.
   BUILDING. Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
   BUILDING, HEIGHT OF. The vertical distance from the grade 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, and garnbrel roofs.
   CELLAR. That portion of a building between floor and ceiling which is wholly or partly below grade, and having more than one-half of its height below grade.
   CLINIC. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing together.
   CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
   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 the intensity of use are uniform.
   DOG KENNEL. Any enclosure whereby animals are kept.
   DRIVE-IN. An establishment where patrons are permitted to park cars on the premises and food or drinks or other products or services are provided to or utilized by patrons in cars.
   DWELLING. Any building or portion thereof which is designed or used for residential purposes.
   DWELLING, MULTIPLE. A building or portion thereof designed for or occupied by more than two families.
   DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
   DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families.
   FAMILY. One or more persons related by blood, marriage, or adoption, or a group of not more than three persons who need not be related by blood, marriage, or adoption, living together and maintaining a common household.
   FILLING 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.
   FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
   GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory, and not storing more than one commercial vehicle or any vehicle which exceeds a one and one-half ton capacity.
   GARAGE, PUBLIC. Any building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, selling, or storing motor-driven vehicles.
   GARAGE, STORAGE. Any building or premises designed or used for storage only, of motor-driven vehicles pursuant to previous arrangements and not to transients, and within which automobile fuels and oils may be sold without exterior advertising, but no motor-driven vehicles are equipped, repaired, hired, or sold.
   GRADE.
      (1)   (a)   For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
         (b)   For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
         (c)   For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
      (2)   Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
   HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family, residing on the premises in connection with which there is used no sign other than a name plate not more than one square foot in area, or no display that will indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is normally used for purely domestic or household purposes.
   JUNKYARD. Any area of land on which discarded items commonly known as junk are placed. JUNK includes, but is not limited to, discarded paper, cartons, boxes, barrels, wood, excelsior, plastics, bedding, metals, including automobiles or parts thereof, tin cans, metal furniture, pieces of glass, crockery, and other discarded manufactured items.
   LAUNDROMAT. An establishment providing home type washing, drying, or ironing machines for hire to be used by customers on the premises.
   LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks, and having a minimum dimension of 12 feet by 35 feet and a vertical clearance of at least 14 feet.
   LODGING HOUSE or ROOMING HOUSE. A building other than a hotel where lodging for three or more persons is provided for compensation pursuant to previous arrangements.
   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 or upon an officially approved place.
   LOT, CORNER. A lot abutting upon two or more streets at their intersection.
   LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
   LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
   LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of the county; or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds prior to the adoption of this chapter.
   MOTOR COURT, MOTEL, or TOURIST COURT. A group of attached, semi-detached, or detached buildings containing individual sleeping or living units designed for or used temporarily by automobile tourists or transients.
   NONCONFORMING USE. Any building or land lawfully occupied by a use at the time of the passage of this chapter or amendment thereto, which does not conform after the passage hereof or amendments thereto with the use regulations of the district in which it is situated.
   NURSING HOME. A private home, institution, building, residence, or other place, whether operated for profit or not, which provides, through its ownership or management, maintenance, personal care, or nursing for three or more persons, not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three or more persons who by reason of illness or mental or physical infirmity require personal care or nursing or provides maintenance, personal care, or sheltered care to aged persons.
   PARKING SPACE. A durably surfaced area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, and if the space is unenclosed comprising an area of not less than 180 square feet, exclusive of a durably surfaced driveway connecting the parking area with a street or alley and permitting satisfactory ingress and egress of an automobile.
   PLACE. An open, unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
   STORY. The portion of a building, other than a cellar or a basement (except one used for business or residence) included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then 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 and his or her family, or by a family occupying the floor immediately below it, shall be deemed a full story.
   STREET. A public or private thoroughfare which affords the principal means of access to abutting property.
   STREET LINE. A dividing line between a lot, tract, or parcel of land and a contiguous street.
   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, not including, however, changes in doors or windows or alterations which affect primarily on the appearance and not the life of the structure.
   STRUCTURE. Anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, swimming pools, and back stops for tennis courts.
   TOURIST OR TRAILER CAMP. An area containing one or more structures designed or intended to be used as temporary living facilities of two or more families and providing spaces where two or more tents or trailers can be parked.
   TRAILER. 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 may be, equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term TRAILER shall include a camp car or house car.
   YARD. An open space at grade between 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. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
   YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the FRONT YARD shall be considered as parallel to the street upon which the lot has its least dimension.
   YARD, REAR. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. 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 line of the lot, and extending from the front line to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto.
(Prior Code, § 5-1-2) (Ord. passed 5-8-1967; Ord. passed 10-12-1987)