§ 153.007 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY USE OR STRUCTURE. A use or structure subordinate to the principal use and located on the same premises serving a purpose customarily incidental to the principal use. For example, a retail business is not considered customarily incidental to a residential use. Residential accessory uses may include storage of household goods, parking areas, gardening, servants’ quarters, private swimming pools, private emergency shelters and other similar uses.
   ALLEY. A specific public right-of-way affording only secondary access to abutting properties.
   ARTERIAL STREETS. A public street or highway used or intended to be used primarily for fast or heavy through traffic.
   BASEMENT. The portion of any structure located partly below the average adjoining lot grade.
   BOARDING HOUSE, ROOMING OR LODGING HOUSE. A residential building, or portion thereof, other than a motel, apartment hotel or hotel, containing lodging rooms for accommodation of three or more persons who are not members of the keeper’s family and where lodging or meals or both are provided by prearrangement and for definite periods at a definite prearranged price.
   BUILDING. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or personal property.
   BUILDING AREA. Total ground coverage in square feet of all buildings and structures including garages, carports and other attached or accessory structures.
   BUILDING HEIGHT. The vertical distance measured from the mean elevation of the finished lot grade along the front yard face of the structure to the highest point of flat roofs, to the mean height level between the eaves and ridges of gables, gambrel, hip and pitch roofs, or to the deck line of mansard roofs.
   COMPREHENSIVE PLAN. The extensively developed and evolving plan, also called a master plan, adopted by the Village Planning Commission.
   CONSERVATION. Preservation of land, water, flora, fauna and cultural artifacts in their original state.
   CONSUMER SERVICE. Sale of any service to individual customers for their own personal benefit, enjoyment or convenience. For example, CONSUMER SERVICES include the provisions of the personal services such as beautician and barbering service, the provision of lodging, entertainment, specialized instruction, financial service, transportation, laundry and dry cleaning services and all other similar services.
   DENSITY. Number of living units per lots allowable under the schedule of regulations.
   DWELLING. A building designed or used exclusively as a residence, but not including boarding or lodging houses, motels, hotels, tents, cabins or mobile homes.
   FAMILY. A single individual, doing his or her own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
   FLOOR AREA, GROSS. For the purpose of determining the ratio of the floor area of a building to the area of the lot, the GROSS FLOOR AREA shall be the sum of the gross horizontal areas of the several floors of the building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches.
   GARAGE, PRIVATE. An accessory building, or an accessory portion of a principal building enclosed on at least three sides which is intended for and used to store private vehicles and other personal property.
   GARAGE, PUBLIC. Any building or premises, other than a private or storage garage, where motor driven vehicles equipped, repaired, serviced, rented, sold or stored.
   GRADE. The highest level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
   HEN HOUSE. Also called a “poultry coop,” a structure where female poultry (hens) are kept. Hen houses are accessory structures under this code and subject to all applicable regulations concerning accessory structures.
   HOME OCCUPATION. A gainful occupation conducted by members of the family only within their place of residence; provided, that no additional persons are employed in the performance of such services except one receptionist or assistant.
   LOT. A single parcel of land which may be legally described as such, or two or more adjacent numbered lots or parts of such lots in a recorded subdivision plat having principal frontage on a street which comprises a site occupied by, or intended for occupancy by one principal building or principal use together with accessory buildings and uses, yards and other spaces required by this chapter.
   LOT, CORNER. A lot abutting on two streets at their juncture, when the interior angle formed is less than 135 degrees.
   LOT LINES AND AREA. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
   LOT, INTERIOR. A lot other than a corner lot.
   LOT, RECORDED. A lot designed on a subdivision plat or deed duly recorded pursuant to statute in the County Recorder’s office. A RECORDED LOT may or may not coincide with a zoning lot.
   LOT WIDTH. The width of a parcel of land measured at the rear of the specified front yard.
   LOT, ZONING. A parcel of land composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory buildings or uses meeting all the requirements for area, buildable area, frontage, widths, yards, setbacks and any other requirements set forth in this chapter.
   MOBILE HOME. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction the locations, or subsequent location, at which it is intended to be a permanent home and designed to permit the occupancy thereof as a dwelling place for one or more persons, provided that any such structure resting on a permanent foundation, with wheels, tongue and hitch permanently removed, shall not be construed as a MOBILE HOME.
   MOBILE HOME PARK. An area of land or lands upon which five or more independent mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, ten, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.
   MOTEL. An establishment consisting of a group of lodging rooms each with individual bathrooms and designed for use by transient guests. A MOTEL furnishes customary hotel services such as maid service and laundering of linen used in the lodging rooms, telephone and secretarial or desk service, and the use and upkeep of furniture.
   NONCONFORMING STRUCTURE. A structure which lawfully occupies a building site or land at the time of adoption of this chapter, and which does not conform with the regulations of the district in which it is located.
   NONCONFORMING USE. A use which lawfully occupies a building or land at the time of adoption of this chapter and which does not conform with the use regulations of the district in which it is located.
   NON-RETAIL COMMERCIAL. Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. For example, NON-RETAIL COMMERCIAL includes wholesale activities, warehousing, trucking terminals and similar commercial enterprises.
   NURSING HOME or REST HOME. A home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter and care for compensation but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
   OPEN SALES LOT. Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes, but is not limited to passenger cars, trucks, motor scooters, motorcycles, boats, monuments, trailers and agricultural equipment
   PARKING SPACE. A suitably surfaced and permanently maintained area off public street right-of-way, either within or outside of a building, but in no event less than 250 square feet
   PERFORMANCE STANDARDS. A criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, or glare or heat generated by or inherent in uses of land or buildings.
   PLANNED UNIT DEVELOPMENT. A parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses planned and constructed as a unified development.
   POULTRY TRACTOR. A lightweight, portable poultry coop without a solid floor that allows the poultry to forage for weeds and insects.
   RECREATION SPACE. Total area in square feet which is countable as open space but is not paved in streets, walks or driveways and is suitable for recreational pursuits. The smallest countable recreation area is 1,000 feet. That part of a recreation area having a dimension of less than 20 feet shall not be included as countable RECREATION SPACE.
   RELATIVES. Persons standing in the relation of wife and husband, son, daughter, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, father or mother, brother, sister, grandchildren or grandparents.
   RETAIL SALES. Sale of any product or merchandise to customers for their own personal consumption or use, not for resale.
   SETBACK, BUILDING. The minimum horizontal distance between the front line of a building or structure and the front lot line.
   SERVICE STATION, FILLING STATION, GAS STATION. Any building or premises whose principal use is the dispensing, sale or offering for sale at retail of any motor vehicle fuel or oils. Open storage shall be limited to no more than four vehicles stored for minor repair. Such storage shall not exceed 72 hours duration and shall not permit storage of wrecked vehicles for more than five days.
   SIGN, ADVERTISING (BILLBOARD). A sign which directs attention to a business, commodity, service or entertainment not necessarily conducted, sold or offered for sale on 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, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual surface of a single face sign. It does not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. A double face or V-type sign erected on a single supporting structure where the interior angle does not exceed 135 degrees shall, for the purpose of computing square foot area, be considered and measured as a single face sign; otherwise each display surface of a sign shall be considered a single sign.
   SIGNS. Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which information is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street, highway or pedestrian way.
   STREETS. A public right-of-way not less than 40 feet wide providing primary access to abutting properties.
   STRUCTURAL ALTERATIONS. Any change, other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girder; or any substantial change in the roof or exterior walls.
   STRUCTURAL. Anything erected, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. A sign, billboard or other advertising device detached or projecting shall be construed to be a structure.
   SUPERETTE. Establishment selling grocery and related items with a building floor area of 3,200 square feet or less.
   TRAILER SPACE. A parcel of land in a travel trailer parking area for the placement of a single trailer and the exclusive use of its occupants.
   TRAVEL TRAILER. A vehicle, portable structure built on a chassis and designed as a temporary dwelling for travel, recreation and vacation.
   USE. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or main tamed.
   USE, ACCESSORY. A use subordinate to the principal use and located on the same premises serving a purpose customarily incidental to the principal use. Residential accessory uses may include storage of household goods, parking areas, gardening, servants quarters, private swimming pools and private emergency shelters.
   USE, AGRICULTURAL. Uses including the growing, harvesting, and storing of crops including legumes, hay, grain, fruit, and truck or vegetable crops, floriculture, horticulture, viticulture, mushroom growing, orchards, and forestry; farm buildings for storing and protecting farm machinery and equipment from the elements; and farm dwellings occupied by farm owners, operators, tenants or seasonal or year-round hired farm workers. This definition of AGRICULTURAL USE includes all types of agricultural operations but excludes therefrom any animal or poultry husbandry except as otherwise permitted by this code. AGRICULTURAL USE further excludes industrial operations such as a grain elevator, canning or slaughterhouse, wherein agricultural products produced primarily by others are stored or processed. Butchering of a person’s own poultry for personal consumption may be allowed provided such butchering is done out of public view on the person’s own property.
   USE, BY SPECIAL PERMIT. Uses of such variable nature as to make control by rigid pre- regulation impractical. After due consideration in each case, by the Village Board after receiving the report and recommendations of the Planning Commission relative to the impact of such use upon neighboring land and of the public need for the particular use at the particular location and after a public hearing before the Zoning Board of Appeals, such special use may or may not be granted by the Village Board.
   USE, PERMITTED. A use which may be lawfully established in a particular area or areas provided it conforms with all requirements, regulations and performance standards, if any, of such area. The main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a permitted or special use.
   UTILITIES. Public and private facilities including, but not limited to, water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
   VISION CLEARANCE. An unoccupied triangular space at the corner of a corner lot which is bounded by the street lines and a setback line connecting points determined by measurement from the corner of each street line.
   YARD. An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise provided in this chapter.
   YARD, CORNER SIDE. A side yard which adjoins a street or thoroughfare.
   YARD, FRONT (STREET YARD). An open unoccupied space of the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.
   YARD, INTERIOR SIDE. A side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.
   YARD, REAR. An open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
   YARD, SIDE. An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard Any lot line not a rear line or a front line shall be deemed a lot line.
(Ord. passed - - ; Ord. 2023-10-25A, passed 10-25-2023)