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Glasford City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 36-1. - 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:

Accessorybuilding means a subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

Alley means a public or private thoroughfare which affords only a secondary means of access to property abutting thereon.

Apartment means a room or suite of rooms in a multiple-family or two-family dwelling, or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single-family.

Apartment house. See Dwelling, multiple.

Basement means a story having part but not more than one-half of its height below grade A basement shall not be counted as a story for the purpose of height regulation.

Boardinghouse means a building other than a hotel where, for compensation, meals, or lodging and meals, are provided for not more than 12 persons.

Building means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed separate building.

District means a section of the village for which the regulations governing the use of buildings and premises, the size of yards and intensity of use are uniform.

Dwelling means a building or portion thereof, but not a trailer, which is designed and used exclusively for residential purposes.

Dwelling, multiple, means a building designed for or occupied by two or more families.

Dwelling, single-family, means a building designed for or occupied exclusively by one family.

Farm; farming. The term "farm" means an area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising of the usual farm poultry and farm animals for the use, sale or consumption by the persons operating the farm. The term "farming" includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include the feeding of garbage or offal to swine or other animals.

Filling station means any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

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

Garage, private, means an accessory building for the housing 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. Not more than one of the vehicles may be a commercial vehicle of not more than three tons, manufacturer's capacity.

Garage, public, means any building or premises used for the housing, hiring, storing, equipping or repairing of motor-driven trucks, commercial, or other vehicles, for a consideration.

Home occupation means any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed there other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic or household purposes.

Hotel orlodginghouse means a building in which lodging is provided and offered for more than 12 persons for compensation, and which is open to transient guests, in contradistinction to a boardinghouse.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.

Lot, corner, means a lot abutting upon two or more streets at their intersections.

Lot, depth of, is the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

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 of deeds or a parcel of land, the deed to which was recorded in the office of the county recorder of deeds prior to the date of the adoption of the ordinance from which this chapter is derived.

Manufacturing or industry means any use in which the major activity is the treatment, processing, rebuilding, repairing or wholesale storage of materials, products or items, and where the finished product is not acquired by the ultimate user on the premises, as distinguished from a retail use where the treatment, processing, repairing or storage is secondary to the sale, exchange, or repairing of materials or products on the premises.

Nonconforminguse means any building or land lawfully occupied by a use at the time of passage of the original zoning ordinance codified in this chapter or any amendment thereto, which does not conform after the passage of the zoning ordinance codified in this chapter or amendment thereto with the use regulations of the district in which it is situated.

Parkingspace means a durable surfaced area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, and if the space is unenclosed, comprising an area of not less than 140 square feet, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

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

Road means any property dedicated for public or private passage and used for purposes of travel including streets, roadways, driveways, lanes or other means of ingress and egress which are created by written descriptions or are established by usage, including easements.

Serviceestablishments means shops wherein the major activities are the repair and maintenance of wearing apparel, sporting goods, and articles for use in the home, including household appliances.

Stable means a building accommodating one or more horses.

Street means all property dedicated or intended for public or private street, highway, freeway, or roadway purposes or subject to easements thereof.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.

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, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.

Touristor trailer camp means an area containing one or more structures, designed or intended to be used as temporary living structures of two or more families, and intended primarily for automobile transients, or providing spaces where two or more tents or auto trailers can be or are intended to be parked.

Trailer means any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings, and which is, has been, or reasonably can be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" includes camp cars and house cars.

Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter. 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, front, means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps.

Yard, rear, means a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

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

(Code 1987, § 18.04; Ord. No. 66-3, 7-21-1966)

Sec. 36-2. - Districts designated.

In order to classify, regulate and restrict the location of trades, industries, and the location of buildings designed for specified uses; to regulate and limit buildings hereafter erected or structurally altered; to regulate and limit the intensity of the use of the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces within and surrounding such buildings, the village is divided into districts, of which there are six in number, known as:

(1)

A Agricultural District;

(2)

B Residential District;

(3)

C Multiple Dwelling District;

(4)

D Public and Semipublic District;

(5)

E Commercial District;

(6)

F Light Industrial District.

(Code 1987, § 18.08.010; Ord. No. 66-3, § 43, 7-21-1966)

Sec. 36-3. - Map.

(a)

The boundaries of the districts are shown upon the map, which is made a part of this chapter, which map is designated as the district map. The district map and all notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described in this chapter.

(b)

The original of the district map is properly attested and is on file with the clerk of the village.

(Code 1987, § 18.08.020; Ord. No. 66-3, § 48, 7-21-1966)

Sec. 36-4. - Interpretation of boundaries.

(a)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map on file with the village clerk, the rules set forth in this section and sections 36-5, 36-6 and 36-31 shall apply.

(b)

The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map on file with the village clerk are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

(c)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map on file with the village clerk are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

(d)

In subdivided property, the district boundary lines on the map on file with the village clerk shall be determined by use of the scale appearing on the map.

(Code 1987, § 18.08.030; Ord. No. 66-3, §§ 44—47, 7-21-1966)

Sec. 36-5. - Annexations.

All property hereafter annexed to the village shall be classified as B-1 Residential until the classification would be changed by an amendment to this chapter.

(Code 1987, § 18.08.040; Ord. No. 66-3, § 49, 7-21-1966; Ord. No. 2013-11, § 1, 12-19-2013)

Sec. 36-6. - Street and alley vacations.

Whenever any street, alley, or other public way is vacated, the zoning district adjoining each side of the street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then be subject to all appropriate regulations of the extended districts.

(Code 1987, § 18.08.050; Ord. No. 66-3, § 50, 7-21-1966)