As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.
ACCESSORY USEA use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.
ADULT BOOKSTOREAn establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines, films for sale or viewing on the premises by use of motion-picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such materials.
[Added by L.L. No. 6-1980]
ADULT ENTERTAINMENT CABARETA public or private establishment, which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
[Added by L.L. No. 6-1980]
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building, with a capacity of fewer than 50 persons, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
[Added by L.L. No. 6-1980]
ADULT MOTION-PICTURE THEATERAn enclosed building, with a capacity of 50 or more persons, used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
[Added by L.L. No. 6-1980]
ADULT USESAny or all of the uses specified in the definitions of "adult bookstore," "adult entertainment cabaret," "adult mini-motion-picture theater," and "adult motion-picture theater," and any other similar uses.
[Added by L.L. No. 6-1980]
ALLEYA permanent service way providing a secondary means of access to abutting properties.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
BASEMENTA story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.
BOARDING- OR ROOMING HOUSEA dwelling, other than a hotel or lodging house, where five or more persons are housed or lodged for hire, with or without meals.
BUILDINGA structure, wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property.
BUILDING AREAThe aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHTThe vertical dimension, measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of a mansard roof, and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINEA line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
BUILDING, PRINCIPALA building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the finished grade at the front of the building.
CERTIFICATE OF OCCUPANCYA certificate issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Board of Appeals.
CLUB, PRIVATEA nonprofit social organization whose premises are restricted to its members and their guests.
CLUSTER DEVELOPMENTA development of residential lots, each containing less area than the minimum lot area required for the zoning district within which such development occurs but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
CURB LEVELThe officially established grade of the curb in front of the midpoint of the lot.
DWELLINGA building or portion thereof used exclusively as the residence or sleeping place of one or more persons.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units and used for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILYA building or dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
DWELLING, ROWA row of attached or semidetached one-family dwellings or two-family dwellings containing a total of three or more dwelling units, or a building in such a row.
DWELLING, SPECIAL-PLACEMENTAny building or premises occupied by three or more persons not related to the owner, lessee or operator by blood, marriage or adoption, who, upon their release as patients from any recognized mental institution, treatment ward for alcoholism, treatment center for narcotic addicts or as an inmate of any correctional penal institution, use such building or premises as living facilities in order to secure noninstitutionalized care in their attempt to re-enter society as healthy, happy and useful human beings. The operator must reside at such premises.
DWELLING, TWO-FAMILYA building containing two dwelling units and used exclusively for occupancy by two families living independently of each other, or two one-family dwellings having a party wall in common.
DWELLING UNITOne or more rooms providing living facilities for one family, including equipment for cooking, living and sleeping purposes and provisions for the same.
FAMILYOne or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
FARMAny parcel containing 10 acres or more of land which is used for gain in the raising of agricultural products, including crops, livestock, poultry, or dairy products.
FARM BUILDINGAny building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with, and necessary to the operation of the farm, as defined by this section. The term "farm building" shall not include farm dwelling.
FENCEAn artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials erected for the enclosure of yard areas.
FLAMMABLE LIQUIDSLiquids having a flash point below 200° F., closed-cup tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum gas) are those having a flash point below 25° F. Class II flammable liquids are those having a flash point below 70° F. but not below 25° F.
FLOOR AREA, TOTALThe sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two uses. Said areas shall not include areas below the average level of the adjoining ground, garage space, or accessory building space.
GARAGE, PRIVATEA secondary building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLICAny garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, servicing or equipping of automobiles or other motor vehicles.
GARDEN APARTMENTA building, or more, usually a group of buildings, usually two to three stories in height, with its primary function being the containment of housing units surrounded by open or garden space and containing parking within the limits of the lot.
HOME OCCUPATIONAny occupation carried on as a subordinate use by a member of the family residing on the premises of a residential lot.
HOME PROFESSIONAL OCCUPATIONThe office of a member of a recognized profession when conducted on residential property. Such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, ministers and other recognized professional persons.
JUNKYARDAn area, lot or unenclosed shed where junk, waste, or discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including auto-wrecking or -dismantling yards, house-wrecking yards, used-lumber yards, and places or yards for use of salvaged house-wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, for the processing of used, discarded or salvaged materials as part of manufacturing operations, or for the sale, purchase or storage of used motor vehicles or salvaged machinery to be reused for the purposes for which originally manufactured.
KENNELAny premises on which four or more dogs over four months of age are kept.
LOTA parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. A lot, within the meaning of this chapter, may or may not be a lot as shown on a subdivision plat or assessment record.
LOT AREAAn area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
LOT DEPTHThe horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.
LOT LINESThe property lines bounding the lot. In the case of a lot abutting on more than one street, the owner may elect any street lot line the front lot line. The rear line shall be the lot line most distant from the front lot line.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTHThe horizontal distance between the side lot lines, measured at right angles to its depth at the building line.
MANUFACTURED HOMESA factory-built, single-family structure that meets the Federal Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.
[Added 12-10-2018 by L.L. No. 6-2018]
NONCONFORMING BUILDINGA building which, in its design or location upon a lot, does not conform to the regulations of this chapter or any subsequent amendment for the zoning district in which it is located.
NONCONFORMING LOTA lot of record, existing at the date of the passage of this chapter or any subsequent amendment, which does not have the minimum width or contain the minimum area for the zoning district in which it is located.
NONCONFORMING USEAny use of any building, structure, or land existing at the time of enactment of this chapter which does not conform to the use regulations of the district in which it is situated.
PLANNED UNIT DEVELOPMENTA cluster development consisting of a minimum of 250 homes, plus business uses as described herein.
PLATA map, plan or layout of a section or subdivision of the Village, indicating the location and boundaries of individual properties.
PRINCIPAL USEThe main use to which a building or lot is to be used.
RESTAURANTAny establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building or elsewhere on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
RIGHT-OF-WAYThe line determining the street or highway public limit or ownership.
SERVICE STATIONAny building, structure or land used primarily for the dispersing, sale or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair or painting.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.
SIGN, ON-PREMISES ADVERTISINGA sign shall be deemed to be any advertising display on which is shown the products sold, the name of the enterprise located on that lot or parcel of land, or any other wording which reflects directly upon any on-site business or other usage thereof.
SITE PLANA plan of a lot or subdivision on which is shown topography, the location of all buildings, structures, roads, and right-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
SPECIFIED ANATOMICAL AREAS[Added by L.L. No. 6-1980]
A. Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES[Added by L.L. No. 6-1980]
A. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
STORYThat portion of a building between the surface of any floor and the surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof. For purposes of height measurement, in determining the permissible number of stories, a basement shall be counted, but a cellar shall not be counted.
STORY, HALFA 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.
STREETA public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINEThat line determining the limit of the highway rights of the public, either existing or contemplated.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected which requires permanent location on the ground or attachment to something having such location.
SWIMMING POOL, PRIVATEA swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
SWIMMING POOL, PUBLICA public or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
TEMPORARY USEAn activity, conducted for a specific limited period of time, which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.
TOURIST HOMEA private, owner-occupied, residential dwelling in which overnight accommodations are provided or offered for not more than 10 tourists and transient guest for compensation, with or without the inclusion of one morning meal. This use is subordination and incidental to the main residential use of the dwelling.
[Added 5-12-2008 by L.L. No. 1-2008]
USEThe specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
YARD, FRONTAn open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of such main building.
YARD, REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward, except as hereinafter specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
YARD, SIDEAn open space extending from the front yard to the rear yard between any building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward. The required width of side yards shall be measured horizontally from the nearest point of the side lot line to the nearest part of any building.
ZONING PERMITA permit issued by the Code Enforcement Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zoning district in which it is located or is to be located.