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Adams City Zoning Code

ARTICLE II

Definitions

§ 305-4 Definitions.

When used in this chapter, words in the present tense include the future and words of one gender include all genders. The singular number includes the plural and the plural includes the singular. The term "shall" is intended to be mandatory. Whenever a word or term is defined to "include" certain items or matters, such inclusion is intended to be by way of specification and not of limitation. The word "lot" includes the word "plot" or "parcel" and the word "building" includes "structure." If interpretation or clarification of any word used in this chapter is needed it shall be provided by the Village Zoning Board of Appeals in accordance with such powers granted to them.
ACCESSORY BUILDING/USE
Any building or use which is subordinate to and whose use is incidental to the principal building or use on the same lot or on adjoining lot under the same ownership.
AGRICULTURAL USE
Land which is used for raising livestock, or agricultural products, including farm structures and storage of agricultural equipment; riding and boarding stables; and as an accessory use the sale of agricultural products raised on the property.
ALTER/ALTERATION
To change or rearrange any exterior structural part of the existing facilities of a building or structure, by enlarging the building or structure, whether by extending any side or increasing the height thereof, or to move the same from one location or position to another. It shall not be considered an "alteration" if there is no expansion of exterior dimensions. For instance; replacement of windows, doors, siding, roofing, etc; as well as interior alterations; shall not be considered an "alteration" for the purpose of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
AUTOMOBILE SERVICE STATION OR GASOLINE STATION
Any lot or building or portion thereof used or occupied for the sale or supply of gasoline or motor vehicle fumes, oils, or lubricants, or for the polishing, greasing, washing or servicing (but not painting) of motor vehicles.
BOARDING/ROOMING HOUSE
Building wherein more than four people are sheltered for profit.
BUILDING
Any structure having a roof supported by columns or by walls which is used or occupied for the shelter, housing or enclosure of animals, persons or property. The term, unless specified, includes both principal and accessory buildings.
BUILDING AREA
The total area, taken on a horizontal plane at main grade level, consumed by the principal building and all accessory buildings, excluding chimneys, uncovered porches, patios, terraces, steps and open areaways.
BUILDING INSPECTOR
The Building Inspector is the person appointed by the Village Board to carry out the regulations of this chapter. This person may also be known as the "Enforcing Officer," "Zoning Inspector," "Building Officer," etc.
BUILDING LINE
The line formed by the face of the building/structure, or the attached part of the building/structure, nearest the lot line. This shall include measurement from such structures as chimneys, uncovered porches, patios, terraces, steps, open areaways, roof overhangs, cornices, eaves and other similar protrusions.
BUILDING PERMIT
The approval and permit that must be obtained from the Building Inspector before construction of a building or structure, demolition, institution of a new use, placement of a new structure or some similar activity requiring such approval as outlined in this chapter.
CAR WASH
A building structure or facility which obtains commercial income from the washing, cleaning or waxing of motor vehicles. Such a use may be the principal function of the building or land on which it is situated, or an ancillary use thereof.
CLUB, PRIVATE
A building or use catering exclusively to club members and their guests for fraternal or recreational purposes.
COMMUNITY FACILITY
A building, structure or use operated for the benefit of the general well being, health, safety, welfare and enjoyment of the public. This use shall include but not be limited to fire stations, libraries, community owned buildings, schools, hospitals, nursing homes, etc.
DISPOSAL
The abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing by any other means of wastes into or onto land or a surface water body.
[Added 2-21-2000 by L.L. No. 1-2000]
DRIVE-IN SERVICES
A commercial facility building or use which relies upon the motoring public for its business. Such facilities contain appropriate traffic/parking, arrangements to serve motor vehicles. Examples of such facilities include drive-in restaurants, banks, etc.
DWELLING UNITS
Any building used in whole or part for human habitation ("trailers" or "mobile homes" are defined separately). All such dwelling units shall be at least 300 square feet of interior floor area.
A. 
DWELLING, SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
B. 
DWELLING, TWO-FAMILYA detached building where not more than two individual families live, or where two dwelling units; with separate cooking, sanitary, living and sleeping facilities exist.
C. 
DWELLING, MULTIPLEA building or portion thereof used or designed as a residence (including cooking, sanitary, living or sleeping facilities) for each of the three or more families who reside therein.
ERECT
To construct, build, re-erect, reconstruct, rebuild or excavate for a building or structure.
FAMILY
Any number of individuals living together as a single housekeeping unit.
FENCE
Same definition as "wall."
FLOOR AREA
The total horizontal area of all floors of a building excepting the basement and attic thereof measured along the faces of the interior walls.
GRADES, FINISHED
Completed surfaces of ground, lawns, walks, paved areas and roads brought to finished (final) grade, as shown on plans relating thereto.
HEIGHT
The vertical distance measured from the average elevation of the main grade at the front of the building/structure to the highest point of the roof.
HIGHWAY RIGHT OF WAY LINE
Same definition as "street line."
HOME OCCUPATION
Any accessory use of a service character customarily conducted within a dwelling by the resident thereof which is clearly secondary to the use of the dwelling for living purposes and does not substantially change the character thereof or have an exterior evidence of such use, other than an approved advertising sign and parking requirements associated therewith. Not more than two persons, outside the immediate family, shall be employed by the home occupation. Occupations such as physician, dentist, lawyer, insurance sales, beauty salon, musical instructor, seamstress shall be deemed to be home occupation uses.
HOSPITAL
An institution in which sick or injured persons are given medical or surgical treatment. It does not include an establishment for permanent occupation by the poor, convalescent or mentally ill.
HOTEL
A building which has a common entrance, and general dining room; and contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for short or extended periods of time.
INOPERATIVE MOTOR VEHICLE
Any unregistered, old or secondhand motor vehicle no longer intended or in condition for legal use on the public highways.
[Amended 6-18-1990 by L.L. No. 1-1990]
JUNKYARD
An area of land, with or without buildings; primarily used for the storage, outside of a completely enclosed building; of used and discarded materials, house furnishings, machinery, vehicles or parts thereof, including junk, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more inoperative motor vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a "junk" yard.
KENNEL
Land or building used for the harboring of five or more dogs and cats over six months.
LAW
For the purpose of this chapter the word "Law" shall refer to the "Zoning Law of the Village of Adams," unless otherwise specified.
LIGHT INDUSTRIAL OPERATIONS
A light industry is a facility which manufactures a product for wholesale or retail sale and does not produce high volumes of polluting wastes and is compatible with other uses of the Industrial District.
LIVESTOCK OPERATIONS
A livestock operation shall include the raising of cattle, pigs, horses, chickens and other similar farm animals for commercial gain.
LOT
A parcel of land with fixed boundaries used or intended to be used by a building or structure and its accessory building/structures or uses, and not divided by any public highway or alley.
LOT AREA
Total area within the property lines excluding any part thereof lying within the boundaries of a public street, or proposed public street.
LOT LINE
Any line dividing one lot from another or from the street or waterway.
A. 
LOT LINE, FRONTThe lot line adjoining any street/highway right-of-way line. If a lot adjoins two or more streets or highways, it shall be deemed to have a front lot line respectively on each.
B. 
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
C. 
LOT LINE, SIDEAny lot line other than the front or rear lot lines.
LOT OF RECORD
Any lot which individually or as a part of a subdivision has been recorded in the County Clerk's office and for which proof can be given that the lot was intended for development prior to adoption of this chapter.
LOT WIDTH
The horizontal distance between the side lot lines measured at the required setback lines.
LOT, CORNER
A parcel of land at the junction of and bounded on two or more intersecting streets.
LOT, DEPTH
A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
MEDICAL FACILITIES
Any building, portion of a building or use thereof which is used in the diagnosis and/or treatment of medical ailments.
MOBILE HOME
A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed with/ without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. "Mobile home" shall mean units designed to be used exclusively for residential purposes, excluding travel trailers. This includes single-wide and double-wide mobile homes.
[Amended 10-17-1988 by L.L. No. 3-1988]
MOBILE HOME PARK
Any lot under single ownership on which three or more mobile homes are located, regardless of whether or not a charge is made for accommodations.
MODULAR HOME
A dwelling unit which is manufactured in two or more sections off-site and transported to the construction/placement site and assembled there. All modular homes shall only be permitted on a permanent foundation.
MOTEL
A building, or group of buildings, whether detached or in connected units, used as individual sleeping or living quarters with direct outside access and related office, with or without restaurant facilities, designed primarily for transient automobile travelers, and provided with accessory off-street parking facilities.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
[Added 6-18-1990 by L.L. No. 1-1990]
MOTOR VEHICLE SALES
Enclosed establishment for display and sale of new and used motor vehicles, trailers, mobile homes or boats.
NONCONFORMING USE
A building, structure or use of land and structure lawfully existing at the time of the effective date of this local law or an amendment hereto which is not in conformity with the terms of this local law as a result of such enactment or amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NURSING HOME
A dwelling where persons are lodged and furnished with meals and nursing care for commercial purposes. This shall not include homes for the mentally handicapped, drug or alcohol rehabilitation patients, etc.
OFF-STREET PARKING FACILITY
A space for parking off the public streets and places in the Village.
OVERLAY DISTRICT
A zoning district that encompasses one or more underlying districts and that imposes additional requirements above that required by the underlying district.
[Added 2-21-2000 by L.L. No. 1-2000]
PARCEL
The amount of contiguous land falling under a single deed.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having an area of not less than nine feet wide by 22 feet long exclusive of passageways and access thereto, and having direct access to a street or highway.
PERMITTED USE
Any use permitted under the provision for the district in which the land, building or structure is located.
PLANNING BOARD
The Planning Board of the Village of Adams.
POOL, SWIMMING
A structure or facility constructed to hold water at least three feet deep and used by either private or public parties for recreational purposes.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which such building is located.
PRINCIPAL USE
The main or principal purpose for which any land, building or structure is used or occupied.
PUBLIC ASSEMBLY USE
Includes an auditorium, theater, public hall, school hall, meeting hall, church and temple.
PUBLIC GARAGE
Any garage operated for commercial gain which is used or occupied for the storage, repair, rental, servicing, adjusting or equipping of automobiles or other motor vehicles.
PUBLIC UTILITIES FACILITY
A privately or publicly owned structure or facility that serves the general public or some of the public. Such facilities shall include, but not be limited to sewage treatment plants, water supply facilities, power generating and distribution facility, radio transmitting centers, telephone operating centers, etc.
RECREATION FACILITY, PUBLIC OR PRIVATE
A municipally or privately owned (for commercial purposes) and operated swimming pool, open space, tennis court, athletic field or similar facility for recreational use.
RECREATION VEHICLE
Includes a motor home, a truck camper or camping trailers less than 48 feet in length and used for recreational purposes.
RELIGIOUS INSTITUTION
Includes church, temple, parish house, convent, seminary and retreat house.
SCHOOL
Includes parochial, private, public and nursery school; college university and accessory uses; and shall exclude commercial operated school of beauty culture, business, dancing, driving, music and similar establishments.
SERVICE STATION
(See definition for "automobile service station.)
SHOPPING CENTER
A group of commercial establishments, three or more, built on a site that is planned, developed, owned and managed as an operating unit related in location, size, and type of shops to the trade area that the unit serves; providing on-site parking in definite relationship to the type and total size of the stores.
SIGN
Any kind of billboard, signboard, pennant, or other shape or device or display, used as an advertisement, announcement, or direction. Such a notice may be incorporated onto a building surface, be freestanding, or attached.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered on the premises or elsewhere than where the sign is located.
STREET
A public thoroughfare for motor vehicles which affords the primary means of access. All streets must meet Village construction standards.
STREET LINE OR HIGHWAY RIGHT OF WAY LINE
The dividing line between a lot and a street right-of-way line.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term includes dwelling units, buildings, swimming pools, platforms, stadiums, towers, but is not intended to include conventional sidewalks, driveways, curbs, fences, hedges, walls or signs.
TOURIST ACCOMMODATIONS
Any permanent building or part thereof, which is used or occupied for the overnight accommodation of transient guests; and for which compensation is given. The term includes tourist homes, tourist cabins, hotels, auto-courts and motels, but does not include camps or trailer camps.
TOWER
Any structure that is quite high, compared to its lateral dimensions and usually constructed for a singular or specific purpose (i.e., radio tower).
TRAILER
Includes any vehicle used as sleeping or living quarters mounted on wheels, or a camper body usually mounted on a truck; and any vehicle which is customarily towed by a motor vehicle and used for carrying goods, equipment, machinery, boats or as an office.
VETERINARY SERVICES
A building, portion thereof or use which is principally used in the treatment and convalescence of ailing animals. Such a facility may also be used to board animals. It is usually staffed by a trained veterinarian and/or other professionals/workers.
WALL
A facility of wood, stone or other materials or combination thereof intended for defense, security, screening, partitioning or enclosure; or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. A "fence" shall be considered a wall.
WAREHOUSE
Includes warehouse, wholesale establishment, discount house, bulk storage and bulk sales outlet.
YARD
Generally determined to mean that unoccupied open space (from the ground upward) between the building line and the nearest lot line or street line.
A. 
YARD, FRONTThe yard between the front building line and the front lot line and extending the full width of the lot.
B. 
YARD, REARThe yard between the rear building line and the rear lot line and extending the full width of the lot.
C. 
YARD, SIDEAn unoccupied space extending from the front yard to the rear yard between the required side setback line and the nearest side lot line.