§ 74-1. Definitions.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or structure on the same lot with a main building or a portion of the main building occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building. No accessory building is permitted on any lot without a main building.

Accessory use means a use of a nature customarily incidental and subordinate to the main use of the premises.

Alley means a way which affords only a secondary means of access to abutting property.

Antenna support structures means any structure, including any mast, pole, tripod or tower, utilized for supporting an antenna or antennas, excepting satellite antennas, for the purpose of transmission or reception of electromagnetic waves, including any transmission or reception device attached thereto.

Automobile service facility means any premises used for the sale of gasoline and lubricants; the sale of and fitting of tires, batteries and automobile supplies; the washing of automobiles; but not including automobiles repairs requiring machine shop and not including automobile fender repairs.

Basement means a story partly underground and having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes.

Building means anything constructed or erected, the use of which occasions permanent location on the ground or attached to something having a permanent location of the ground. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate building. The term "building" shall not include mobile homes or trailers as defined in this Chapter.

Building, height of, means the vertical distance measured, in the case of flat roofs from the curb level to the level of the highest point of the roof beams adjacent to the street wall and, in the case of pitched roofs, from the curb level to the mean height level of the gable. Where no roof beams exist or where there are structures wholly or partly above the roof, the height shall be measured from the curb level to the level of the highest point of the building. For buildings set back from the street line, the height of the buildings may be measured from the average elevation of the finished grade along the front of the building.

Cellar means a story having more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purposes of height measurement.

Curb level means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Building Commissioner shall establish such curb or its equivalent for the purposes of this Chapter.

District means an area or section of the Village in which the regulations regarding use of buildings and premises, height of buildings and the yard space about structures are uniform and set apart and distinct from other areas or sections having different regulations and all of which areas or sections are designated by different delineations upon the district map which is made a part of this Chapter and is attested and on file in the office of the Village Clerk.

District Map, Zoning Map means a delineation of the boundaries of areas or divisions of the Village for the purpose of regulating, limiting and determining the height and bulk of buildings, the intensity of the use of lot areas, the areas of open spaces within and surrounding buildings for the purpose of classifying, regulating and restricting the location of trades and industries, and buildings designed for specified industrial, business and residential uses, and which map is attested and is on file in the office of the Village Clerk.

Drive-in restaurants means any establishment where food, frozen dessert and/or beverages are sold to customers for the consumption in an automobile parked upon the premises or where other facilities located outside a building are provided for the use of customers for the purpose of consumption of food, frozen dessert and/or beverages on the premises outside a building.

Dwelling, multiple, means a residence designed for or occupied by three or more families each living independently of each other in separate dwelling units. The term "multiple dwelling" shall not include mobile homes or trailers as defined in this Chapter.

Dwelling, single-family, means a detached residence designed for or occupied only by one family. The term "single-family dwelling" shall not include mobile homes or trailers as defined in this Chapter.

Dwelling, two-family, means a residence designed for or occupied by two families living independently of each other in separate dwelling units with equal square footage. The term "two-family dwelling" shall not include mobile homes or trailers as defined in this Chapter.

Dwelling unit means one or more rooms, including a kitchen or kitchenette, located within a residence providing complete living facilities for one family and containing facilities and equipment for living, sleeping, cooking and eating. The term "dwelling unit" shall not include mobile homes or trailers as defined in this Chapter.

Family means one or more persons all related to each other by birth, adoption or marriage occupying a single dwelling unit or doing their own cooking and living together as a single housekeeping unit, or an unrelated group of not more than five persons, all of whom are adults occupying a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity, sorority or hotel.

Filling station. See "Automobile service facility."

Frontage means all property on one side of a street or place between two intersecting streets or places, crossing or terminating, measured along the line of the street or place; or, if the street or place is dead ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.

Garage, private, means a detached accessory building or portion of a main building used for the storage of motor driven vehicles which are the property of, and for the private use of the occupants of the lot on which the private garage is located; provided, however, that if the occupants of the lot have fewer vehicles than the storage spaces contained in said garage, the unrequired spaces may be used by, or rented, to others. Not more than one of the vehicles may be a commercial vehicle of not more than 1½-ton capacity.

Garage, public, means any premises, except those described as a private or storage garage, used for the storage or care of self-propelled vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Garage, storage, means any premises, except those defined as a private or public garage, used exclusively for the storage of self-propelled vehicles.

Group or row houses means a group or row of not more than eight semidetached single-family dwellings, not more than two rooms deep, facing upon a street or place, as defined in this Section.

Home occupation means any business, profession, occupation, or trade conducted, wholly or in part, within a dwelling unit or an accessory building in a residential district. Garage sales, retail sale parties and other similar functions held at a residence shall not constitute a home occupation and shall be permitted as incidental to a residential use; provided that collectively such activities are not conducted on more than five days during any calendar year.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than 15 sleeping rooms usually occupied singly and no provision is made for cooking in any individual room or apartment.

Lot means a parcel of land occupied or to be occupied by one main building and its accessory buildings of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lots shall have frontage on a public street and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record;

(4)

A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Chapter.

Lot lines means the lines bounding a lot as defined in this Section.

Lot of record means a lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder.

Lot types means the terminology used in this Chapter with reference to types is as follows:

(1)

Corner lot means a lot located at the intersection of two or more streets;

(2)

Interior lot means a lot other than a corner lot with only one frontage on a street other than an alley;

(3)

Through lot means a lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets require that front yards shall be provided on both streets; provided, however, if the lot is comparatively level, the number of dwelling units that may be constructed facing either street shall be computed by using one-half of the total area of the lot; if the lot has a substantial change in elevation, the area of the level portion shall determine how many dwelling units may be constructed with frontage on the street adjoining the level portion of the lot.

Mobile home means a manufactured transportable, single-family dwelling unit suitable for yearround occupancy and containing water supply, waste disposal and electrical conveniences.

Mobile home court and mobile home park means a contiguous parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association or corporation.

Motel means a building or group of buildings, whether detached or in connected units, used as sleeping or dwelling units for individuals and designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as auto courts, tourist courts, motor hotels, motor lodges and similar terms.

Off-street loading and unloading space means an open hard-surfaced area of land, other than a street or public way, the principal use of which is for 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 not be less than ten feet in width, 45 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

Parking area means an open, hard-surfaced area of land, other than a street or public way, the principal use of which is for the storage (parking) of passenger automobiles or commercial vehicles under two-ton capacity by the public, whether for compensation or not, or as an accommodation to clients or customers.

Parking area, private, means 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, means 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 two-ton capacity, and available to the public, whether for compensation or not, free or as an accommodation to clients or customers.

Parking space, automobile, means space within a parking area or a building of not less than 175 square feet, 8½ feet by 20 feet, exclusive of access drives, aisles, ramps, columns or office and work area, for the storage of one passenger automobile or commercial vehicles under two-ton capacity.

Place means an open unoccupied space, other than a street or alley, permanently preserved as the principal means of access to abutting property.

Roominghouse means any building in which three or more persons, either individually or as families, are housed or lodged for compensation with or without meals. A boardinghouse or furnished room house shall be deemed a roominghouse.

Satellite antenna means any apparatus or device, commonly known as satellite communications antenna, satellite antenna, microwave dish antenna, dish antenna or satellite dish, which is designed for the purpose of transmission or reception of video programming signals to and/or from orbiting satellites via electromagnetic waves.

Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises;

(2)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;

(3)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Sign, advertising, means a sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.

Sign, business, means a sign which draws 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.

Sign, flashing, means any illuminated sign on which such illumination is not kept stationary nor constant in intensity or in color at all times when such sign is in use.

Sign, surface area of, means the entire area within a single, continuous perimeter enclosing the extreme limit of the actual sign surface. It does not include any structural elements outside the limits of such a sign and not forming an integral part of the display. Only one side of a double-face or V-type structure shall be used in computing total surface area.

Signs, number, means for the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed, forming a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, such element shall be considered to be a single sign.

Story means that 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 such floor and the ceiling next above it.

Story, half, means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Street means a thoroughfare which affords the principal means of access to abutting property.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards and poster panels.

Trailer means any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance upon the public streets or highways. A trailer hereunder is not self-propelled but is propelled by some externally applied power or tractive force and may or may not contain such facilities as would permit occupancy as a temporary or permanent dwelling.

Yard means an existing or required open space on the same lot with a principal building, and lying along the adjoining lot line open, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.

Yard, corner side, means the yard on corner lots between the principal building and the property line adjacent to the street upon which the principal building does not front. For purposes of this Chapter, the requirements for front yards shall also apply to corner side yards.

Yard, front, means the minimum horizontal distance between the street line and the main buildings or any projection thereof, other than the projection of the usual steps or entranceway and extending for the full width of the lot.

Yard, rear, means a space, unoccupied, except by a building of accessory use, as defined in this Section, extending for the full width of the lot between the rear lot line and the extreme rear line of the principal building. On corner lots, the rear yards shall be considered as parallel to the street upon which the lot has its least dimension. On interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. On corner lots, any portion of the rear yard that also qualifies as a corner side yard or front yard shall be treated as a side yard or front yard and not as a rear yard.

Yard, side, means a yard between the main building and the side line of the lot and extending from the front lot line to the rear yard line.

Zoning Map. See "District Map" above.

(Ord. No. 1525, art. 1, 6-14-2007)