For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additionally, for the purpose of this chapter, certain terms and words are hereby defined; words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular; the word “building” shall include the word “structure”; and the word “lot” shall include the word “plot”; and the word “shall” is mandatory and not directory.
ABUTTING. Having a common border with, or being separated from such a common border by a right-of-way or easement for a street, alley, pedestrian way, utilities, or storm drainage.
ACCESSORY USE.
(1) A building, structure, or use which meets all the following criteria:
(a) It is subordinate to and serves a principal building or a principal use;
(b) It is subordinate in area, extent, or purpose to the principal building or principal use served;
(c) It contributes to the comfort, convenience or necessity of occupants, business, industry, or institution in the principal building or principal use served;
(d) It is located on the same lot as the principal building use or use served; and is behind the rear building line of the principal building; and
(e) It would not otherwise be considered a principal use if it were to be a freestanding structure on its own lot, such as an office building, parking structure, power generation facility, or similar facilities.
(2) An ACCESSORY USE includes, but is not limited to, the following:
(a) A children’s playhouse, garden house, and private greenhouse;
(b) A garage, portable utility shed, carport, or building for domestic use;
(c) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
(d) Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;
(e) Off-street motor vehicle parking areas, and loading and unloading facilities, except as otherwise noted;
(f) Signs, as permitted and regulated in each district incorporated in this chapter; and
(g) Public utility communication, electric, gas, water, and sewer lines, their supports and incidental equipment.
ACREAGE. Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted.
AIRPORT or AIRCRAFT LANDING FIELD. Any landing area, runway, or other facility (including heliports), designed, used, or intended to be used either publicly or privately by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars, and other necessary buildings and open spaces.
ALLEY. A public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property.
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair, and overall painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under “Automobile Repair, Major”.
AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, lubricating oils or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and services for automobiles; but not including major automobile repairs; and including washing of automobiles. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. AUTOMOBILE SERVICE STATIONS shall not include sale or storage of junkers or junkyards as defined herein.
AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicle or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition.
AWNING. A roof-like cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BARS and TAVERNS. A business establishment where beer, wine, or other alcoholic beverages are sold to customers and consumed on the premises and where food or meals sold in conjunction with the business constitutes 50% or less of the gross receipts of the establishment.
BASEMENT. A story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where curb level has not been established, a BASEMENT shall be counted as a story for purposes of height measurement.
BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines, or shore lines of waterways or a corporate boundary line of the village.
BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, but not more than 12 who are not members of the keeper’s family.
BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings.
BUILDING COVERAGE. The portion of a lot covered by a structure or structures, including accessory structures.
BUILDING HEIGHT. The vertical distance from grade plane to the highest point of the building.
BUILDING SETBACK LINE. The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the applicable property line or right-of-way line, in which no structure can be placed or erected, unless otherwise provided for in this chapter.
BUILDING, PRINCIPAL. The structure in which the principal use of the lot is located.
BUFFER AREA. An area of land established to protect one type of land use from another incompatible, or potentially incompatible, land use. The AREA is landscaped or left in a natural state and in either event is kept in open space use without buildings or structures.
BUS LOT. Any lot or land area used for the storage or layover of passenger buses or motor coaches.
CARPORT. See GARAGE, PRIVATE.
CLUB or LODGE. A building, along with accessory structures and facilities, primarily intended to accommodate an association of persons and in which the buildings, structures, and facilities are limited and restricted to members and their guests.
COMMERCIAL USE. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee, but not including home occupations and day care homes that comply with the provisions of this chapter.
COMMUNITY RESIDENCE. A specialized, not-for-profit, residential care home serving as a dwelling for unrelated persons with disabilities and wherein such group of unrelated persons does not fall within the definition of “Family”. A COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense or a treatment center for alcohol or substance abuse.
COMMUNITY RESIDENCE, LARGE. A dwelling unit where more than eight unrelated disabled persons reside, plus additional persons serving as house parents or guardians who need not be related to each other or to any of the disabled persons residing in the dwelling.
COMMUNITY RESIDENCE, SMALL. A dwelling unit where eight or fewer unrelated disabled persons reside, plus not more than two additional persons serving as house parents or guardians who need not be related to each other or to any of the disabled persons residing in the dwelling.
CORNER LOT. See LOT, CORNER.
CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the CURB LEVEL.
DAY CARE HOME. A one-family dwelling unit in which family-like care is provided for persons, away from their own homes, for compensation or otherwise, for part of a 24-hour day, and where such day care operation is licensed by the State Department of Child and Family Services.
DEVELOPMENT. A structures and other modifications of the natural landscape, above and below ground, on a particular site, including, but not limited to, grading, removal of trees, paving, installation of utilities, or the erection of structures.
DEVELOPMENT, PLANNED. Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A PLANNED DEVELOPMENT includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A PLANNED DEVELOPMENT is built according to general and detailed plans for streets, utilities, lot and building location, landscaping, and the like. A PLANNED DEVELOPMENT containing multiple lots and common areas includes provisions for the operation and maintenance of common areas, facilities, streets, utilities, and improvements that are for use by the occupants of such PLANNED DEVELOPMENT, but which will not be provided, operated, or maintained at public expense.
DWELLING. A building or portion thereof, used exclusively for residential purposes, except for hotels, motels, house trailers, motor homes, modular homes, and manufactured homes.
DWELLING UNIT. One or more rooms in a residential structure or apartment-hotel designed for occupancy by one family plus not more than four lodgers, for living and sleeping purposes.
DWELLING, GROUP. Two or more one-family, two-family, or multiple-family dwellings or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
DWELLING, MANUFACTURED HOME. A structure transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 900 or more square feet in gross floor area, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the necessary electrical, plumbing, heating, ventilating, and other services systems. MANUFACTURED HOMES must comply with the national manufactured home construction and safety standards which are administered by the Federal Department of Housing and Urban Development (HUD) and must bear the required red label on the exterior of the home which indicates compliance with such federal standards.
DWELLING, MOBILE HOME. A structure transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet in gross floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the necessary electrical, plumbing, heating, ventilating, and other services systems. MOBILE HOMES must comply with the national manufactured home construction and safety standards which are administered by the Federal Department of Housing and Urban Development (HUD) and must bear the required label on the exterior of the home which indicates compliance with such federal standards. A recreational vehicle is not considered to be a MOBILE HOME.
DWELLING, MODULAR. A building assembly or system of building sub-assemblies, including the necessary service systems, which is of closed or open construction and which is made or assembled by a State Department of Public Health approved manufacturer, on or off the building site for installation, or assembly and installation on the building site, with a permanent foundation. The approved unit will have a yellow seal on the electrical panel box of the home or on the inside of the kitchen sink cabinet.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.
DWELLING, MULTIPLE-FAMILY APARTMENT. A room or suite of rooms in a multiple-family dwelling unit, which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
DWELLING, ONE-FAMILY. A building designed exclusively for use and occupancy by one family and entirely separated from any other dwelling by space.
DWELLING, ROW (PARTY-WALL). A row of two to eight attached, one-family, party-wall dwellings, not more than two and one-half stories in height, nor more than two rooms in depth measured from the building line.
DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two families.
FAMILY. One or more persons related by blood, marriage, or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage, or adoption, living together and maintaining a common household, but not including sororities, fraternities, or other similar organizations.
FUEL BULK STATION. A place where crude petroleum, gasoline, naphtha, benzine, benzol, kerosene, or other flammable liquid which has a flash point at or below 200°F is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than 6,000 gallons, regardless of whether the fuel is stored above ground, underground, or in mobile tank cars or bucks.
GARAGE, BUS. Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.
GARAGE, BUS or TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding one and one-half ton capacity.
GARAGE, PRIVATE. A detached accessory building or portion of the principal building designed, arranged, used, or intended to be used for the storage of automobiles of the occupants of the premises.
GARAGE, PUBLIC. A building other than a private garage, used for the care, incidental servicing, and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire, or sale within the structure, but not including trucks, tractors, truck trailers, and commercial vehicles exceeding one and one-half ton capacity.
GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principal building, for the use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
HOME OCCUPATION. A gainful occupation or profession customarily carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. The HOME OCCUPATION shall be carried on wholly within the principal building or within a building accessory thereto, and only by members of the family occupying the premises and one person outside the family. No article shall be sold or offered for sale on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. There shall be no exterior display, no exterior sign except as allowed by the sign regulations for the district in which such HOME OCCUPATION is located, no exterior storage of material, no other exterior indication of the HOME OCCUPATION or variation from the residential character of the principal building, and no offensive odors, noise, vibration, smoke, dust, heat, or glare shall be produced. Offices, clinics, doctors’ offices, hospitals, barber shops, tearooms, restaurants, beauty parlors, dress shops, millinery shops, tourist homes, animal hospitals, and kennels, among others, shall not be deemed to be HOME OCCUPATIONS.
HOSPITAL or SANITARIUM. An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.
HOTEL APARTMENT. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.
HOTEL or MOTEL. A building in which more than five rooms or suites are reserved to provide living and sleeping accommodations for temporary guests, with no provisions in said rooms for cooking in any individual room or suite (other than microwave oven).
HOUSEHOLDER. The occupant of a dwelling unit who is either the owner or lessee thereof.
JUNKYARD. The use of more than 200 square feet of any lot where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
KENNEL. Any lot or premises or portion thereof on which more than four dogs, cats, or other household domestic animals, over four months of age, are kept or on which more than two such animals are boarded for compensation or kept for sale.
LINE OF BUILDING (FOR MEASURING YARDS). A line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.
LOADING AND UNLOADING SPACE, OFF-STREET. An open, hard-surfaced area of sand other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor trucks, tractors, and trailers to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet in width, 45 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.
LODGING OR ROOMING HOUSE. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or to overnight guests.
LOT. The word LOT when used alone shall mean a ZONING LOT unless the context of this chapter clearly indicates otherwise.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line, except that in business districts if a lot is a corner lot, the front of the lot shall be the boundaries of the lot along both public streets.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
LOT LINE, FRONT. The front property line of a zoning lot.
LOT LINE, INTERIOR. A side lot line common with another lot.
LOT LINE, REAR. The lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are SIDE LOT LINES.
LOT, CORNER. A parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block.
LOT, INTERIOR. A lot other than a corner lot or reversed corner lot.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.
LOT, ZONING. A parcel of land consisting of a single lot of record, part of a lot of record, or a combination of two or more contiguous lots of record which has been or which is proposed to be used, developed or built upon as a unit under single ownership or control.
MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and may overhang the public way.
MOTOR FREIGHT TERMINAL, PRIVATE. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
NONCONFORMING USE. Any building, structure, or land lawfully occupied by a use or lawfully established at the time of the adoption of this chapter or amendments thereto, which does not conform after the passage of this chapter or amendments hereto with the use regulations of this chapter.
NURSING HOME or REST HOME. A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
NURSERY. An institution providing care for three or more children, from under the age of four years to six years, for periods of more than four hours but not exceeding 24 hours.
NURSERY SCHOOL. An institution providing day care service for children from four to six years of age.
ORDINANCE. Reference to ordinance herein shall be construed as the zoning ordinance and may be referred to herein as THIS CHAPTER or CHAPTER.
PARCEL DELIVERY STATION. A building in which commodities, sold at retail within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area.
PARKING AREA, PRIVATE. An open, hard-surfaced area of land, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half ton capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 162 square feet (eight and one-half feet by 19 feet), exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half ton capacity.
PLANS COMMISSION. A body appointed by the Village Board to review issues relating to development and construction within the village.
PORCH. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly opens to the weather in part.
PUBLIC UTILITY. Any person, firm, corporation, or municipal department duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, or water.
RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.
SETBACK LINE, BUILDING. See BUILDING SETBACK LINE.
SIGN. A name, identification, description, display, or illustration which is affixed to, or painted or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.
SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a FLASHING SIGN.
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case, passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
STORY. The 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 it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.
STORY, HALF. The portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings less than three stories in height, a HALF STORY in a sloping roof shall not be counted as a story for the purpose of this chapter. In the case of multiple-family dwellings three or more stories in height, a HALF STORY shall be counted as a story.
STREET. A public way other than an alley.
STREET LINE. A line separating an abutting lot, piece, or parcel from a street.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building such as, but not limited to, the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundation.
STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.
SWIMMING POOL. Any container designed for the purpose of holding water and for the purpose of human bathing or swimming, whether above ground, on ground level or below ground, that is eight feet in diameter and two feet in depth or greater, or that can hold a total of 782 gallons.
TERRACE, OPEN. A level and rather narrow plane or platform, which for the purpose of this chapter is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.
TOURIST COURTS, MOTOR LODGES, MOTELS. A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges, or other similar type uses.
TRUCK LAUNDRY. A building, or portion thereof, where vehicles over one and one-half tons are washed for the public.
TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half tons in capacity.
USE. The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let, or leased.
USED CAR LOT. A zoning lot on which used or new cars, trailers, or trucks are displayed for sale or trade.
VEHICLE LAUNDRY. A building, or portion thereof, where vehicles under one and one-half tons are washed for the public.
WAREHOUSE, SELF SERVICE STORAGE. A building or group of buildings with controlled access that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customer’s goods or wares.
YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
YARD, FRONT. A yard extending across the full width of the zoning lot and lying between the front line of the lot and the nearest line of a building.
YARD, REAR. A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE. The part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard), to the required rear yard.
ZONING BOARD OF APPEALS. See PLANS COMMISSION.
ZONING LOT. A plot of ground, made up of one or more parcels which is or may be occupied by a use, building, or buildings, including the open spaces required by this chapter.
ZONING MAPS. The map or maps incorporated into this chapter as a part hereof, designating zoning districts.
(Ord. 834, passed 2-1-2001)