For the purpose of this title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "building" shall include the word "structure"; and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING: A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.
ACCESSORY USE: A use that is incidental to the main use of the premises.
ALLEY: A public or private thoroughfare which affords only a secondary means of access to the property abutting thereon.
APARTMENT: A room or suite of rooms in a multiple- or two- family dwelling, or where more than one unit is established above nonresidential uses, intended or designed for use as a residence by a single family.
APARTMENT HOUSE: A building with a room or suite of rooms in a multiple dwelling intended or designed for use as residences for multiple families or persons.
BASEMENT: A story of a building or structure having one-half (1/2) or more of its clear height below grade. A basement shall not be considered a story for the purpose of height regulation.
BOARDING HOUSE: A building other than a hotel where, for compensation, meals or lodging and meals are provided for three (3) but not more than twelve (12) persons.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When a structure is divided into separate parts by unpierced walls extending from the ground, each part is deemed a separate building.
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 to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
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, but not a trailer, which is designed and used exclusively for residential purposes.
DWELLING DISTRICT: Every district specified in this title, except the C business and commercial district and the D industrial district, is designated as a dwelling district.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed or altered for residential occupancy by two (2) or more families living independently of each other in their own dwelling unit.
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 (2) families.
FAMILY: One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five (5) persons, as distinguished from a group occupying a "boarding house", "lodging house" or "hotel", as herein defined.
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 for the use or consumption of the person 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 of 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.
FILLING STATION: Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises is classified as class III or class IV.
FRONTAGE: All property on one side of a street between two (2) 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, CLASS I: An accessory building housing 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 of not more than three (3) tons' capacity.
GARAGE, CLASS II: Any building or premises used for housing only motor driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold, and motor driven vehicles are not equipped, repaired, hired or sold.
GARAGE, CLASS III: Any building or premises used for the housing, hiring, storing, equipping or repairing of motor driven trucks, commercial or other vehicles owned, leased or operated by the occupant of the premises in the conduct of or as accessory to a business or occupation.
GARAGE, CLASS IV: Any building or premises, except those used as a private or storage garage or motor vehicle junkyard, used for equipping, repairing, hiring, selling or storing motor driven vehicles.
GRADE: A. For buildings having walls adjoining more than one street, the average of the established elevation of the sidewalk at the centers of all walls adjoining the street.
B. For buildings having walls adjoining more than one street, the average of the established elevation of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
D. Any wall approximately parallel to and not more than twenty feet (20') from the street 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 the following restrictions shall apply:
A. No sign shall be used other than a nameplate not more than one square foot in area except as provided in chapter 4, article A and chapter 5 of this title, nor any display that will indicate from the exterior that the building is being utilized, in whole or in part, for any purpose other than that of a dwelling.
B. There is no commodity sold upon the premises.
C. No person is employed therein other than a member of the immediate family residing on the premises.
D. No mechanical equipment is used except such as is permissible for purely domestic or household purposes.
E. No excessive pedestrian or vehicular traffic is generated.
HOTEL: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house.
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
LIVING AREA: Structurally enclosed floor space, based on exterior measurements (excepting open porches and garages), on which all construction and installation on inside walls, floors, ceilings, fixtures and other interior building surfaces have been completed and finished to meet conventionally agreed standards accommodating human habitation and convenience, and which shall constitute not less than a story.
LODGING HOUSE: A building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for a definite period, for compensation, for three (3) or more but not exceeding twelve (12) individuals, not open to transient guests, in contradistinction to hotels open to transients.
LOT: A parcel of land occupied or intended for occupancy by a use permitted in this title, including one main building, together with its accessory buildings, the open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER: A lot abutting upon two (2) 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 (2) nonintersecting 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, or a parcel of land, the deed to which was recorded in the office of the recorder of deeds prior to the effective date hereof.
MANUFACTURING OR INDUSTRY: Any use in which the major activity is the treatment, processing, rebuilding, repairing or wholesale storage of material, products or items, and where the finished product is not acquired by the ultimate user on the premises, as distinguished from a retail use where the treatment, processing, repairing of storage is secondary to the sale, exchange or repairing of materials or products on the premises.
MOBILE HOME: A mobile or portable unit designed and constructed to be transported, comprised of a frame and/or wheels, and so designed to be connected to utilities for year round occupancy and provide complete, independent living facilities including provisions for cooking, sleeping and sanitation. The term includes units containing parts that may be collapsed or telescoped when being transported and then expanded to provide additional cubic capacity and units composed of two (2) or more separately transportable components designed to be joined into an integral unit capable of being separated again into components for repeated transporting.
MOTOR VEHICLE JUNKYARD: An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for storing, keeping, buying, salvaging or selling of wrecked, scraped, ruined, unlicensed or dismantled motor vehicles or motor vehicle parts. As a condition for the issuance of a special use permit for any motor vehicle junkyard, a commercial fence must fully enclose the perimeter of the motor vehicle junkyard.
MULTILEVEL: In contemporary terms, trilevel or quadlevel or split level or split foyer.
MULTIPLE STORY BUILDING OR STRUCTURE: In contemporary terms, means a two-story building or structure.
NONCONFORMING USE: Any building or land lawfully occupied by the use at the time of passage of the original zoning ordinance or any amendment thereto, which does not conform after the passage of the zoning ordinance or amendment thereto with the use regulations of the district in which it is situated.
PARKING SPACE: A durably surfaced area, enclosed in the main building, in an accessory building, or unenclosed, and if the space is unenclosed, comprising an area of not less than one hundred forty (140) square feet, exclusive of a durable surfaced driveway (concrete, blacktop, crushed rock or washed gravel) connecting the parking space 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.
PRIVACY FENCE: A fence of such nature and/or material constructed in such a way as to totally obscure visibility of the area beyond or enclosed by such fence.
ROOMING HOUSE: See definition of Lodging House.
ROW HOUSE: A group of two (2) or more but not exceeding four (4) single-family dwellings separated by walls without openings not more than two (2) rooms deep.
SERVICE ESTABLISHMENTS: Shops wherein the major activities are the repair and maintenance of wearing apparel, sporting goods and articles for the use in the home including household appliances.
SIDEWALKS: Shall be located with the back side of the sidewalk on the front property line. They shall be concrete sidewalks and shall be built at the time that the house located on said premises is constructed, and shall be a thickness of four inches (4") and of a width of four feet (4').
STABLE: A building accommodating one or more horses.
STORY: That portion of a building, other than a basement, 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 space under a sloping roof which has the line of intersection of roof decking and wall space not more than three feet (3') above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished for use.
STREET: All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.
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.
STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops and pergolas.
TOURIST OR TRAILER CAMP: An area containing one or more structures, designed or intended to be used as temporary living facilities of two (2) or more families, and intended primarily for automobile transients or providing spaces where two (2) or more tents or auto trailers can be or are intended to be parked. (Where desired, these can be separately defined and regulated.)
YARD: An open space on the same lot with a building, 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, or the depth of a rear yard, the mean 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 line and the main building or any projection thereto other than the projection of the usual steps.
YARD, REAR: A yard extending across the rear of a lot, measured 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 other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall, in all cases, 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 rear yard line. (1982 Code § 5-1-1; amd. Ord. 319, 3-20-1995; 2016 Code; Ord. 20-555, 11-16-2020)