(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK. The portion of the street between two intersections with other public streets nearest the specified location on each side. If, on either or both sides of the location, there is no intersection within 300 feet of the center of the specified location, the BLOCK shall be considered as terminating at a point 300 feet from the center.
STREET. Highways that have been dedicated by either common law or statutory dedication as public streets and are in use as such. STREET shall not be construed to include or mean merely service highways, which are commonly known as “alleys”.
(B) No person, firm or corporation shall locate, build, construct, operate or maintain any business or structure of any kind for which frontage consents are required in any block in the village where a majority of the houses abutting both sides of the street in the block are used exclusively for residence purposes without having first secured the written consent of the owners of a majority of the frontage abutting the street on both sides within the block.
(C) Whenever the consent of adjoining neighboring owners is required as prerequisite to the conduct of any business or occupation, or the location of any establishment, the consents must be obtained by securing the necessary signatures to a written consent petition. The petition shall be filed with the Village Clerk when signed.
(1) Consents once given and filed shall not be withdrawn and the petitions need not be renewed for the continuous conduct of the same business, whether by the same proprietor or not.
(2) It shall be unlawful to forge any name to any petition or to falsely represent the names thereon have been properly placed thereon if it is not the fact.
(3) Each consent, when filed, shall be accompanied by the affidavit of the person securing the signatures that each signature appearing therein was properly secured and written on and that the petition contains the necessary number of signatures required by ordinance.
(D) The frontage consent requires contained in this code shall not be construed to amend or change any Zoning Ordinance provision of the village and no provision shall be construed as permitting the erection of a structure or building or the conduct of a business or the commission of any act in any location where the structure, building, business or act is or are prohibited by any Zoning Ordinance of the village.
(Prior Code, § 112.10) Penalty, see § 112.99