For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR USE. A structure or use that customarily:
(1) Is subordinate to and services a principal building or a principal use legally existing on the same zoning lot;
(2) Is subordinate in area, extent, and purpose to the principal building or principal use;
(3) Contributes to the comfort, convenience or necessity of the occupants, business, or industry of the principal structure or principal use served; and
(4) Is located on the same zoning lot as the principal structure or principal use served.
AGRICULTURE. The use of a tract of land of not less than five acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and animal and poultry husbandry (but expressly prohibiting the feeding of garbage to any animal or poultry), and necessary accessory uses; provided, however, such agricultural use shall not include wholesale or retail sales as an accessory use; the feeding (other than grazing in open pasture) or sheltering in penned enclosures of animals or poultry within 100 feet of any lot line; nor the maintenance and operation of commercial greenhouses or hydroponic farms.
APARTMENT. A room or suite of rooms in a building which is arranged or designed to be used as a single housekeeping unit.
AUTOMOBILE SALES. The use of a building or premises for the sales of new and used automobiles and other motor vehicles in operating condition, and the repair and storage of automobiles and other motor vehicles in operating condition as a use accessary and incidental to the use of said building or premises for sales at retail.
AUTOMOBILE SERVICE STATION. A building or other structure and surrounding land used for the storage and sale of gasoline and for accessory uses such as the sale of lubricants, accessories, or supplies, the incidental washing of motor vehicles, and the performing of minor repairs.
AUTOMOBILE STORAGE AND REPAIR. The repairing and servicing of automobiles and other motor vehicles in operating condition, including body work, painting, and motor rebuilding, and the storage of such vehicles in operating condition, but not including the storage of trucks that exceed ten tons in weight.
AUTOMOBILE WRECKING YARD. Any land, building, or structure used for the wrecking or storage of two or more motor vehicles not in running condition, or the parts thereof, stored in the open and not being restored to operating condition, or failing to display a current and valid vehicle tag of the village; or any tract of land, building, or structure used for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials or for the dismantling, demolition, or abandonment of structures, automobiles, other vehicles, equipment, and machinery or parts thereof.
BUILDING. Any covered structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.
BUILDING BULK REGULATIONS. Restrictions controlling the size of buildings or other structures and the relationship of buildings, structures, and uses to each other and to open areas and lot lines.
BULK REGULATIONS. Include restrictions controlling maximum height, maximum lot coverage, gross floor area of buildings in relation to lot area (floor area ratio) and minimum size of yards.
BUILDING, PRINCIPAL. A non-accessory building in which a principal use of the lot on which it is located is conducted.
COMMUNITY SANITARY SEWER AND WATER SYSTEM. Any system, other than septic tank or individual well, operated by a municipality or a public utility for the disposal of wastes and the furnishing of water, or either, to residential, industrial, and commercial users.
CONDOMINIUM PROPERTY. All land, property, and space on which is built one or more attached, individually owned single-family residences or units.
CONFORMING BUILDING OR STRUCTURE. A building, or other structure, which is designed or intended for a conforming use and which complies with all the regulations of this chapter governing use, lot size, building bulk, and off-street parking and loading for the zoning district in which such building or structure is located.
CORNER LOT. A lot which adjoins the point of intersection of two or more streets and in which the interior angle formed by the street lines is 135 degrees or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street line.
DRY-CLEANING AND LAUNDRY PICK-UP STATION. An establishment or business operated or maintained for the pick-up and delivery of dry cleaning and laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.
DOG KENNEL. Any structure or place where five or more dogs are boarded or bred for a fee and offered for sale.
DISTRICT. A portion of the territory of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DRIVE-IN ESTABLISHMENT. An enterprise which accommodates the patrons’ automobiles and from which the occupants of the automobiles may make purchases, transact business, and view motion pictures.
DWELLING. A building, or portion thereof, but not a mobile home or house trailer, designed or used exclusively for residential occupancy.
DWELLING, DUPLEX. A residential building containing two attached dwelling units, as defined in this chapter.
DWELLING, MULTIPLE-FAMILY. A building containing two or more dwelling units, but not including a hotel or a motel as defined in this chapter.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
FAMILY. Either an individual or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or a group of not more than four persons, who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit; plus, in either case, usual domestic servants.
FLOOR AREA.
(1) For the purpose of determining the floor area ratio, the FLOOR AREA of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall include: the basement floor area when more than one-half of the basement height
is above the established curb level or above the finished lot grade level where curb level has not been established; elevator shafts and stairwells at each floor; floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof); penthouses; attic space having headroom of 7 feet, 10 inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses. Space devoted to off-street parking or loading shall not be included in the floor area.
(2) The FLOOR AREA of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten feet of height, or fraction thereof, as being equal to one floor.
(3) For the purpose of determining the number of required off-street parking spaces and loading berths, FLOOR AREA shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, which are devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets; any basement floor area devoted to retailing activities; and floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, FLOOR AREA shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO (F.A.R.). The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or other structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the lot.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or other structure, except that with respect to walls parallel to and within five feet of a sidewalk, the average level of the finished surface of the ground shall be measured at the sidewalk.
GUEST HOUSE. A detached accessory building located on the same lot as the principal building containing rent-free living quarters for temporary guests.
GROUND SIGN. Any sign placed upon or supported by the ground independently of the main building or structure on the property. Signs attached to trees, light poles, or accessory buildings shall be considered GROUND SIGNS.
HEIGHT, MAXIMUM. A plane parallel to the ground at the height shown in the district regulations. No part of any building or structure shall project through such plane except chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks, and similar roof structures needed to operate and maintain the building on which they are located; or flagpoles, television aerials, water towers and tanks, steeples, monuments, cupolas, silos, and barns.
HOTEL OR MOTEL. A building, or portion thereof, or a group of buildings which contains sleeping accommodations for transients on a daily or weekly basis, whether such establishment is designated as a hotel, inn, automobile court, motel, motor hotel, motor inn, motor lodge, tourist cabin,
tourist court, or otherwise. No more than 25% of the total sleeping units of such building or group of buildings shall contain kitchen or eating facilities.
LAUNDERETTE. A self-service laundry in which washing machines, dry-cleaning machines, and clothes dryers are made available for operation by the customer.
LOT. A parcel of land that is designated by its owner or developer at the time of applying for a zoning certificate (or, if no zoning certificate is required, at the time of applying for an occupancy certificate) as a tract all of which is to be used, developed, or built upon as a unit under single ownership. So long as it satisfies the above requirements, such lot may consist of a single lot of record; or a portion of a lot of record; or a combination of complete lots of record and portions of lots of record, or of portions of lots of record only.
LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundary.
LOT LINE, FRONT. The boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line.
LOT LINE, REAR. The boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds, or a parcel of land, the deed to which was recorded in the office of said Recorder prior to the adoption of this chapter.
LOT SIZE REQUIREMENTS. Restrictions controlling the minimum area
and minimum width of lots and the density of residential development in terms of dwelling units per acre.
LOT WIDTH. The mean horizontal distance between the side lot lines of a lot.
MAJOR STREET. A street that is so designated on the currently effective zoning map of the village.
MOBILE HOME. Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids or rollers, or blocks, either self- propelled or propelled by any other means, which is used, or designed to be used, permanently or temporarily, for residential occupancy.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate and interstate shipment by motor truck.
NONCONFORMING BUILDING OR STRUCTURE. A building or structure which does not comply
with the lot size requirements and building bulk regulations of this chapter.
NONCONFORMING USE. A use of land, buildings, or structures for a purpose or use which is not permitted by the regulations and restrictions applicable in the district in which the land, building, or structure is located.
NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well-being of individuals.
OFF-STREET LOADING. An area or space that is accessible from a street, alley, or way, whether in a building or on a lot, that is set aside for the exclusive use of trucks or other vehicles while loading or unloading merchandise or materials.
OFF-STREET PARKING. An area or space, accessible from the street, alley, or way, whether in a building or on a lot, that is set aside for the exclusive use of the parking of automobiles and other vehicles.
PARTICULATE MATTER. Dust, smoke, or any other form of air-borne pollution in the form of minute separate particles.
SECONDARY STREET. A street that is so designated on the currently effective zoning map of the village.
SETBACK. The minimum horizontal distance between the front line of the building or structure and the front lot line.
SIGN. Any writing (including letters, words, or numerals); pictorial representation (including illustrations or decorations); emblem (including devices, symbols, or trademarks); flag (including banners or pennants); or any other figure of similar character, which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure; and is used to announce, advertise, or direct attention to an object, product, place, activity, person, institution, organization, or business; and is visible from outside a building. A sign shall include a writing, pictorial representation, or other figure of similar character within a building only when it is illuminated and located in a window.
SIGN, GROSS 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. Such perimeter shall not include any structural elements lying outside the limits of such sign and which do not form an integral part of the display.
SPECIAL USE. A use which is either public or closely related to the public interest which may not be established until a special use permit has been secured in accordance with §§ 154.280 through 154.285.
STREET. A dedicated public or private right-of-way which affords a primary means of access to abutting property.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, or other structure, such as bearing walls or partitions, columns, beams, girders, or foundations, or any structural change in the floor.
TEEN DANCE CLUB. Includes any and all buildings and premises (other than single-family residential homes and apartments) where dancing by patrons is permitted or encouraged, and which limits entry or caters primarily to persons of less than 21 years of age, and which does not possess a valid liquor license. This includes such other similar businesses as may provide non-alcoholic beverages to a primarily teenage patronage, such as a “Soda Bar” or “Juice Bar”.”
TOXIC MATTER. Material which is capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRAILER. A vehicle without motive power designed to be drawn by an automobile or other motor vehicle and to carry persons or property.
UNIFIED RESIDENTIAL DEVELOPMENT. A unified tract of land which contains, or will contain when developed, two or more dwellings, and which is developed under single ownership or control for sale or lease by separate parcels or dwelling unit.
USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE, PERMITTED. A use which may be lawfully established in a particular district.
USE, PRINCIPAL. The main or dominant use of land, a building or other structure as distinguished from a subordinate or accessory use.
VIBRATION. The periodic displacement, measured in inches, of earth.
YARD. Open space which is unoccupied or unobstructed from its lowest level to the sky, except for permitted obstructions listed in § 154.011.
YARD, FRONT. A yard extending along the full length of the front lot line and between the side lot lines.
YARD, REAR. A yard extending along the full length of the rear lot line between the side lot lines.
YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard.
(Ord., passed 2-18-64; Am. Ord. 1998-O-7, passed 2-17-98; Am. Ord. 2018-O-14, passed 10-16-18)