For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration or enforcement of development regulations that involves the determination of facts and the application of objective standards set forth in this chapter.
ALLEY. A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
BUFFER STRIP. Vegetation consisting of evergreen trees or shrubs located along the side and rear lot lines, but shall not extend beyond the established setback line along any street. Such BUFFER STRIP shall not be less than four feet in width and shall be composed of trees and shrubs of a type which at maturity shall be not less than six feet in height, unless otherwise specified.
BUILDING. Any structure having a roof supported by columns or walls, and intended for shelter, housing, or enclosure of persons, animals, or chattels. The connection of two buildings by means of a porch, breezeway, carport, or other such structure shall not constitute a single BUILDING unless an attached structure meets all of the following criteria:
(1) A common footing with the main structure measuring at least ten feet in length;
(2) Complete enclosure, designed to match, as closely as possible, the design and materials of the main structure; and
(3) A minimum enclosed area of 80 square feet, and each wall shall be at least eight feet in length, except that one of the non-common walls may be reduced to four feet if the attached structure cannot be placed parallel to the main building.
BUILDING, ACCESSORY. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot. Use of an ACCESSORY BUILDING as part of a dwelling shall be allowed. No rental or lease of any ACCESSORY BUILDINGS shall be allowed unless such accessory building is rented or leased as a whole with the main structure of the property.
BUILDING, PRINCIPAL. A building used for the same purpose as the principal use of the lot.
BUILDING, SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD).
(1) (a) A commercial development where more than one principal building and its accessory buildings or uses is proposed for a lot or tract in single or unit ownership; or
(b) A single commercial structure which occupies more than 10,000 square feet of a lot or tract, or which contains more than 20,000 square feet of heated floor space.
(2) A CPUD may be issued a special use permit by the Board of Adjustment in the C-B Commercial Business District, R-C Resort Commercial District, and the O-B Office Business District, subject to review by the Board of Adjustment and § 154.087.
CONDOMINIUM - APARTMENT. A part of a building consisting of a room or rooms intended, designed, or used as a residence by an individual or a single family.
CUSTOMARY INCIDENTAL HOME OCCUPATION. Any profession or occupation conducted entirely within a dwelling by a family member or occupant permanently residing on the premises. No merchandise shall be sold or displayed on the premises, and no mechanical equipment shall be installed which is not normally used for domestic or professional purposes. No more than 25% of the total floor space of the dwelling may be used for a HOME OCCUPATION, and only one HOME OCCUPATION shall be permitted in one dwelling unit. No sign of other exterior evidence of the presence of a HOME OCCUPATION shall be permitted. Only members of the immediate family residing in the same dwelling unit and not more than one other employee may be employed in the operation of a HOME OCCUPATION. One off-street parking space shall be required in addition to the parking requirements for the dwelling unit.
DISH ANTENNA or EARTH STATION. An accessory structure and shall mean a combination of:
(1) Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;
(2) A low-noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and
(3) A coaxial cable whose purpose is to carry the signals into the interior of the building.
DISH ANTENNA OR EARTH STATION HEIGHT. The distance as measured vertically from the highest point of the antenna or dish, when positioned at its lowest angle for operation, to ground level at the bottom of the base which supports the antenna.
DISH ANTENNA OR EARTH STATION SETBACK. The setback of a dish antenna shall be measured from the center mounting post supporting the antenna.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING, MULTI-FAMILY. A residential building or buildings, attached or detached, and located on one or more lots held in single or unit ownership, designed to be occupied by two or more families.
DWELLING, SINGLE-FAMILY. A residential building arranged or designed to be occupied by one family.
EASEMENT. A grant by a property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons.
FAMILY. One or more individuals related by blood, marriage, or adoption occupying a premises and living as a single, non-profit housekeeping unit, including domestic servants, live in help, and foster children, provided that a group of more than two persons who are not related by blood or marriage shall not be deemed to constitute a FAMILY.
FENCES. Any structure attached to the ground which serves as a barrier or boundary, either actual or perceived, and constructed of wood, stone, brick, concrete, wire, metal, or any combination of the above listed material.
GROUP PROJECT. Two or more principal buildings constructed on one or more lots held in single or unit ownership, said lot or lots not subdivided into customary streets and lots. A GROUP PROJECT may be issued a special use permit by the Board of Adjustment, and other applicable sections of this chapter. Any GROUP PROJECT which would include more than four multi-family dwellings shall be considered a residential planned unit development and may be issued a special use permit subject to the conditions and review process by the Board of Adjustment.
INDIVIDUAL SEWER SYSTEM. Any septic tank, ground adsorption system, privy, or other facility serving a single source or connection and approved by the County Sanitarian.
INDIVIDUAL WATER SYSTEM. Any well, spring, stream, or other source used to supply a single connection.
INDUSTRY. Any business or occupation conducted as a means of livelihood or for profit which manufactures products for sale.
JUNK. Scrapped copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste; dismantled or wrecked machinery, vehicles or parts thereof; iron, steel, and other scrap ferrous or non-ferrous materials.
JUNKYARD. An establishment or land area which is maintained, operated, or used for storing, keeping, buying, or selling junk, regardless of the length of time that junk is stored or kept, or for maintenance or operation of an automobile graveyard, but shall not include county operated sanitary landfills.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation or an applicable local act. It also includes the decision to approve, amend, or rescind a development agreement.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LOT. A parcel of land occupied or capable of being occupied by a building together with its customary accessory buildings, including the open space required by this chapter. For the purposes of this chapter, the word LOT shall also mean any number of contiguous lots or portions thereof, upon which one or more principal structures are to be erected for a single use.
LOT DEPTH. The average horizontal distance between front and rear lot lines as measured from the side lot lines.
LOT OF RECORD. Any lot within the village for which a plat has been recorded in the County Register of Deeds’ office, or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance between side lot lines measured at the front setback line.
MANUFACTURED BUILDING. A building mass produced in a factory, either independent or a module for combination with other elements to form a building on site, and designed and constructed for transportation to a site for installation and use when connected to required facilities.
MANUFACTURED HOMES.
(1) 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; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under The National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401, et seq.
(2) For manufactured homes built before June 15, 1976, MANUFACTURED HOME means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width. MANUFACTURED HOME also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on-site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width.
MOBILE BUILDING. A portable manufactured building constructed on a chassis and intended for use as a nonresidential structure. A MOBILE BUILDING shall be construed to remain a mobile building, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed, and regardless of the nature of this foundation provided. A MOBILE BUILDING may be permitted only as a temporary use structure, subject to the terms of this chapter.
MODULAR HOUSING UNIT. A manufactured housing unit or portion thereof, which is constructed and installed in accordance with the state’s Residential Building Codes, and is transported to a site for installation and use when connected to required facilities. A MODULAR HOUSING UNIT may be transported to a building site on its own chassis or by other means. A MODULAR HOUSING UNIT shall be required to meet all requirements of this chapter and all other village codes, including the removal of wheels, axles, hitch, and other appurtenances of mobility.
MINIMUM DWELLING AREA. The minimum area of a dwelling unit is measured in square feet, of which, not less than the first 1,000 square feet is to be contained within the primary floor of the structure except as provided in § 154.066(D) dealing with the minimum dwelling area per dwelling unit in a multi-family building. The MINIMUM DWELLING AREA shall include the enclosed, fully finished, heated, livable floor area (per State Building Code), excluding garages, unfinished basements, decks, and porches.
NONCONFORMING USE. Any parcel of land, use of land, building, or structure existing at the time of adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located.
NURSING HOME. An institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A NURSING HOME is a home for chronic or convalescent who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities. A NURSING HOME provides care for persons who have remedial ailments or other ailments, for which medical and nursing care is indicated.
PARKING SPACE. An area of not less than nine feet by 20 feet for parking a vehicle plus the necessary access space. PARKING SPACE(S) shall be provided with vehicular access to a street or alley, and shall always be located outside the dedicated right-of-way.
PARKS. Include those areas developed either for passive or active recreational activities. The development may include, but shall not be limited to, walkways, benches, open fields, multi-use courts, swimming and wading pools, amphitheaters, and the like. The term PARK shall not include zoos, travel trailer parks, amusements parks, or vehicle racing facilities.
PREMISES. A tract of real property in single ownership which is not divided by a public street or right-of-way.
PRINCIPAL USE. The principal use of a lot.
PRIVATE CLUB. A voluntary, incorporated, or unincorporated association of persons for purposes of social, literary, or political nature, and membership is not available to the general public.
PUBLIC SEWER SYSTEM. Any sewer system owned and operated by a local unit of government in the county, or other sewage treatment facility serving two or more connections, or any wastewater treatment system having a discharge to surface waters when approved by the Division of Environmental Management of the Department of Natural Resources and Community Development, or ground absorption system serving two or more connections when approved by the County Sanitarian.
PUBLIC WATER SYSTEM. Water systems serving 15 or more residential connections or serving more than 25 year-round residents are classified as public water supplies by state law, and plans and specification must be approved by the Department of Human Resources, Division of Health Services. Also, water supply systems serving from two to 14 connections shall be regulated by the appropriate County Board of Health.
RECREATION USE, NON-PROFIT. An indoor or outdoor recreation facility operated on a non-profit basis, according to the laws of the state.
RECREATION USE, PROFIT. An indoor or outdoor recreation facility operated on a for profit basis.
RESIDENTIAL PLANNED UNIT DEVELOPMENT. A residential development which includes more than four multi-family dwelling units, developed or proposed for development on a lot or tract of lots held in single or unit ownership. A RESIDENTIAL PLANNED UNIT DEVELOPMENT may be issued a special use permit in specific districts subject to the conditions and review process by the Board of Adjustment.
RETAIL BUSINESS. Establishments selling commodities and/or providing services directly to the consumer.
SPECIAL USE PERMIT. A permit issued by the Zoning Board of Adjustment for a use which is permitted in a specific zoning district, subject to the review and approval of the Board of Adjustment. The SPECIAL USE PERMIT shall be only when the specific conditions and review procedures set forth in this chapter are met to ensure the health, safety, welfare, and compatibility with adjacent properties and the village are maintained and protected. The Board of Adjustment may require any reasonable conditions in the issuance of a SPECIAL USE PERMIT.
STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STREET RIGHT-OF-WAY. The right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected, including, but not limited to building, which requires location on the land or attachment to something having permanent location on the land.
TEMPORARY USE STRUCTURE. A structure intended for temporary office, headquarters, or storage of materials on the same lot or tract of land being used or developed for a directly related permanent use. This TEMPORARY STRUCTURE shall require a temporary certificate of zoning compliance from the Zoning Administrator for a maximum period of one year, with renewal extensions of six months.
TRAVEL TRAILER. Any vehicle, self-propelled or otherwise, which is designed for transient, non-permanent living.
USE. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a parcel of land.
VARIANCE. A relaxation of the terms of this chapter where such a VARIANCE will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. A VARIANCE may be granted by the Board of Adjustment in such individual case of unnecessary hardship upon finding that specific conditions listed in § 31.09 exist.
YARD. A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from the ground to the sky except where encroachments and accessory buildings are expressly permitted. For the purposes of this chapter, eaves extending less than 36 inches from the building wall, uncovered stairways, and exterior walkways which are uncovered and no greater than four feet in width shall not be considered encroachments into required YARD areas.
YARD, FRONT. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way line and the front building setback line, projected to the side lines of the lot.
YARD, REAR. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
YARD, SIDE. An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line, and extending from the rear line of the front yard to the front line of the rear yard.
ZONING ADMINISTRATOR. An official of the village charged with enforcing and administering this chapter.
(Prior Code, Ch. 1 Art. XIV § 1401) (Res. 2018-6, passed 9-18-2018; Res. R-2021.9, passed 6-22-2021)