This Chapter provides the general rules for interpreting language and the definitions of terms within this Chapter.

   For the purpose of this Chapter, certain terms or words used herein shall be interpreted as follows:

   (A)   The word "shall" is mandatory; the word "may" is permissive.

   (B)   The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

   (C)   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular unless the context clearly indicates otherwise.

   (D)   The words "used" or "occupied" include the words "intended", "designed", or "arranged to be used or occupied" as well as “maintained”, "constructed", "altered", "converted", "rented", "leased", or "intended to be used".

   (E)   The word "lot" includes the words "plot", "parcel", "tract", "site", and "space".

   (F)   The word “village” shall refer to, and be interpreted to mean, Village of Hamel, Illinois.

   For the purpose of the administration and enforcement of this Chapter, and unless otherwise stated in this Chapter, the following words shall have the meanings as indicated herein. All words not specifically defined herein shall have meanings as found in Webster's seventh new collegiate dictionary.

   Abutting: Having a common border with or being separated from such a common border by a right of way, alley or easement.

   Accessory Use or Structure: A use or structure which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, and extent to the principal use served; and is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use.

   Adjoining Lot: A lot that shares all or part of a common point or line with another lot.

   Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

   Alley: A public access way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

   Alteration: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

   Animal Hospital: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

   Apartment: A suite of rooms or a room in a building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

   Apartment Hotel: An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

   Apartment House: A multi-family dwelling used or occupied by four (4) or more families living independently of each other in dwelling units, such dwelling units normally being rented or used other than by the day, by the same occupant for the continuous period ordinarily of six (6) months or more.

   Area of Zoning Lot: The total area within the property lines of a lot, excluding public streets and alleys, meeting the district requirement of this ordinance.

   Attached Building: A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof with a least horizontal dimension of six (6) feet.

   Auditorium: A room, hall or building made a part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

   Automobile Parking Area: A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges.

   Automobile Sales Area: An open area, other than a street, used for the display or sale of new or used automobiles and where no repair work is done except for minor incidental repair of automobile to be displayed and sold on the premises.

   Automobile Wrecking Area: See Junk Area .

   Basement: A story having more than one-half (1/2) its height below the average level of the adjoining ground.

   Bed and Breakfast Inn: An operator-occupied residence providing accommodations for a charge to the public, with no more than three (3) guest rooms for rent and in operation for more than ten (10) nights in a twelve (12) month period. No meals shall be provided to guests except for breakfast. "Bed and Breakfast Inns" do not include motels, hotels, boarding houses, or food service establishments.

   Billboard: A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

   Block: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.

   Boarding House: A building other than a hotel or restaurant where meals are provided for compensation to three (3) or more persons, but not more than ten (10), who are not members of the keeper’s family, but not open on a daily overnight or per meal basis to transient guests.

   Buildable Area: The area of a lot remaining after the minimum yard, dedicated lands and open space requirements of this Chapter have been met.

   Building: Any enclosed structure designed, constructed or used for residential, commercial, institutional, industrial or agricultural purpose or accessory thereto.

   Building Height: The vertical distance from the lowest grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

   Building Line: The line, parallel to the front lot line, measured between side lot lines through that part of the building, structure, or construction site where the lot is narrowest.

   Building, Principal: A non-accessory building, in which the principal use of the zoning lot, on which it located, is conducted.

   Caliper: The diameter of a tree measured six (6) inches above ground level.

   Childcare Center: A facility which regularly provides daycare for less than twenty-four (24) hours per day for four (4) or more children not related to the operator. A "childcare center" shall include the terms "daycare center", "part-day childcare facility", and "daycare home" as defined by 225 Illinois Compiled Statutes 10/2.

   Church or Place of Worship: A building or set of buildings used for the purpose of worship and customarily related activities.

   Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirmed and injured persons, but who are not provided with board and room and are not kept overnight on the premises.

   Club: A nonprofit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on by a commercial enterprise.

   Commercial Vehicle: Any motor vehicle which is designed or used principally for business, governmental or nonprofit organizational purposes or for carrying passengers for hire, and has a platform, cabinet, box, rack, compartment, or other facility for transportation of materials, equipment, and items other than the personal effects of private passengers.

   Commission, Planning: The Planning Commission of the Village of Hamel, Illinois.

   Communication Tower: A tower used as a base for any communications antenna, including, but not necessarily limited to, antennas for the following:

   (A)   VHF and UHF television

   (B)   FM or AM radio

   (C)   Two-way radio

   (D)   Cellular telephone

   (E)   PCS or other wireless telephones

   (F)   Fixed point microwave

   (G)   Low power television

   (H)   Or other wireless communications and common carriers.

   A "communication tower" shall not be considered a utility substation for purposes of this Chapter.

   Corner Lot: See definition of Lot, Corner .

   District: A portion of the territory of the Village or contiguous unincorporated territory within one and one-half (1 ½) miles of the nearest Village limit within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this Chapter.

   Domestic Animals: Dogs, cats, rabbits, small rodents and similar size animals commonly kept as household pets.

   Duplex or Dwelling, Two-Family: A residential building divided into two (2) dwelling units.

   Dwelling, Attached: A one-family dwelling attached to one or more other one-family dwellings by common vertical walls.

   Dwelling, Detached: A freestanding dwelling unit which is not attached to any other dwelling unit by any structural means.

   Dwelling, Multiple-Family: A residential building containing three (3) or more dwelling units.

   Dwelling, Single-Family: A building designed for or occupied exclusively by one (1) family as a single housekeeping unit.

   Dwelling Unit:One (1) or more rooms in a residential building or portion of a building which are arranged, designed, used, or intended for use as a complete, independent living facility for no more than one (1) family, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. A "dwelling unit” must have direct access to the outside or to a public hallway.

   Easement: A grant by a property owner of the right of use of his land by another party for a specific purpose.

   Enclosed Building: A building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with opening only for windows and doors, and covered by a permanent roof.

   Essential Governmental or Public Utility Services: The erection, construction, alteration, or maintenance by public utilities or municipal departments, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wire, mains, drains, sewers , pipes, conduits, cables, fire alarm boxed, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health or safety or general welfare, but not including buildings.

   Family: Any number of individuals related by blood, marriage or adoption living together as a single housekeeping unit or up to three (3) unrelated individuals.

   Farm or Farmland: A parcel of land of not less than five (5) acres, in one ownership, that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock, but not including a feedlot.

   Fence: An outdoor freestanding structure of any material or combination of materials erected for confinement, screening or partition purposes.

   Floor Area: "Floor area" shall be determined by measuring the outside dimensions of all enclosed floor area under roof, excluding garages, open and screened porches, carports, terraces, and patios.

   Floor Area Ratio: The gross floor area of all principal buildings on a lot divided by the area of the lot.

   Frontage: All of the property abutting and measured along the street right-of-way line.

   Garage Parking, Public: A building or portion thereof used by the public for the storage or parking of motor vehicles, for compensation.

   Garage, Private: A building or portion thereof for the storage of one or more vehicles for persons living on the premises.

   Gasoline Service Station: Any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.

   Hazardous Material: A substance or material which has been determined by the secretary of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials.

   Hazardous Waste: Any material that is subject to the hazardous waste manifest requirements of the U. S. Environmental protection agency specified in 40 CFR Part 262.

   Hearing Officer: This refers to the official that has taken the place of the Zoning Board of Appeals, who will preside over the zoning hearings of the Village.

   Home Occupation: A home occupation is an accessory use by the occupant(s) of a dwelling unit in which goods are produced, or services are rendered as an economic enterprise. Such uses are clearly incidental or subordinate to the residential use of the dwelling, products are not offered for sale from the premises (other than incidental sales), no evidence of the occupation is visible or audible from the exterior of the residential property, and where traffic is not generated in excess of that customary at residences. (See Article XII of this Code.) (Ord. No. 2017-11; 12-12-17)

   Hotel: A building designed or used for occupancy normally as the temporary lodging place of individuals, having at least six (6) guest rooms, where a general kitchen and dining room may be provided but where there are no cooking facilities in any guest room.

   Junk Area: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operations, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise. Any open area where scrap metal, paper rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building salvage yards. Such use is prohibited in the Village of Hamel.

   Junk Vehicle: Any vehicle that has had its engine, wheels or other parts removed, damaged, altered, or otherwise so treated that the vehicle has been incapable of being driven under its own motor power for a period of at least seven (7) days, or a vehicle which is not currently registered or licensed by the Illinois secretary of state or similar licensing authority of another state.

   Kennel: Any structure or lot on which four (4) or more dogs and/or cats over four (4) months of age are kept.

   Livestock: Animals which historically have been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products, including, but not limited to, cows, hogs, sheep, goats, catfish and fowl which are raised on a commercial basis.

   Lot: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

   Lot, Corner: A lot situated at the intersection of two (2) or more streets with frontage on two (2) or more adjacent sides.

   Lot Depth: The mean distance measured from the front lot line to the rear lot line.

   Lot Line: A line of record bounding a lot, thereby dividing such lot from another lot or from a right of way.

   Lot Line, Front: The line separating the lot from the street. On a corner lot, the front lot line shall be the street lot line having the least dimension.

   Lot Line, Rear: The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line.

   Lot Line, Side: Any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

   Lot of Record: A lot which is a part of a subdivision, the map of which has been recorded in the office of the county recorder or a parcel of land, the deed of which was recorded in the office of the county recorder prior to the adoption of this Chapter.

   Lot Width: For lots with parallel side lot lines, the shortest distance between the side lot lines. For lots where the side lot lines are not parallel, the width of the lot shall be the length of a straight line measured at right angles to the axis of the lot at the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.

   Modular Home: Modular homes that are built with technology much like that of stick-built, conform to current adopted building codes and are designed to be placed on a permanent concrete or concrete block foundation only, although the building take place off site, in factories, to be reassembled on site. (See Article XII of this Chapter.)

   Mobile Home: A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons. Mobile homes are designed to stand alone as transported or be “tied down” to a permanent foundation.

   Mobile Home Park: A tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. A motorized recreational vehicle shall not be construed as being a part of a mobile home park.

   Modular Home: As defined by this Code a modular home is a factory-fabricated single-family home built in one or more sections. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a modular home shall not exceed a ratio of 3 to 1. All modular homes shall be placed in a full perimeter permanent foundation, extending below the frost depth. All wheels and towing devices shall be removed. As with all residences, a modular home must have a minimum 3/12 pitch roof with residential style siding and roofing, six (6) inch minimum eave overhang, and shall have a minimum living area of not less than nine hundred (900) square feet. Modular homes shall meet either the National Manufactured Home Construction and Safety Standards (HUD Code) or the Building Code (BOCA). All structures shall be placed on a permanent foundation in order that they may be assessed as real estate.

   Motel: A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

   Noisome and Injurious Substances, Conditions and Operations:

   (A)   Creation of unreasonable physical hazard, by fire, explosion, radiation or other cause, to persons or property.

   (B)   Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply.

   (C)   Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.

   (D)   Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety or welfare of any persons.

   (E)   Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused.

   (F)   Creation or causation of any unreasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.

   (G)   Creation or maintenance of any unreasonable reflection or direct glare, by any process, lighting or reflection material at or beyond any property lines of the premises on which the aforesaid reflection or direct glare is created or caused.

   (H)   Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.

   (I)   Any public nuisance.

   Nonconforming Building or Structure: A building or structure whose size, dimensions or location was lawful prior to the adoption, revision or amendment of this Chapter, but which would be prohibited or further restricted under the terms of this Chapter.

   Nonconforming Lot: A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this Chapter, but which would be prohibited or further restricted under the terms of this Chapter.

   Nonconforming Use: A use or activity which was lawful prior to the adoption, revision or amendment of this Chapter, but which would be prohibited or further restricted under the terms of this Chapter.

   Nonconformity, Site Related: A characteristic of the site, such as off-street parking or loading, landscaping, drainage or similar matters, which are incidental to the principal use of the property but which do not satisfy current Village standards, as established in these zoning regulations.

   Official Map: The portion of the master plan adopted by Ordinance which designates land necessary for public facilities or uses, including streets, alleys, public ways, parks, playgrounds, school sites and other public grounds and ways for public service facilities within the whole area included within the official comprehensive plan or one or more separate geographical or functional parts and including all or any part of the contiguous, unincorporated area under the planning jurisdiction of the Village.

   Outdoor Restaurant: An eating or drinking establishment, which has an unroofed area, or a covered area, which is not enclosed by walls where patrons may be, served food and/or beverages.

   Outdoor Storage: The keeping in an unroofed area of any goods, material, or merchandise in the same place for more than twenty-four (24) hours unless such goods, material, or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display and sales. The parking of motor vehicles, in operating condition, which are used in the operation of a commercial establishment shall not be considered outside storage.

   Parking Area, Private: An open hard-surfaced area, other than a street or public way designed, arranged, and made available for the storage of private passenger automobiles only, or occupants of the building or buildings for which the parking area is developed and is accessory.

   Parking Area, Public: An open hard-surfaced area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee or as an accommodation for clients or customers.

   Parking Space, Automobile: Space within a public or private parking area of not less than two hundred (200) square feet ten (10) feet by twenty (20) feet, exclusive of access drives, or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (1 ½) ton capacity.

   Permitted Use: A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.

   Pets: Dogs, rabbits, cats, small rodents and similar size domestic animals or fowl kept on a noncommercial basis by occupants of dwellings.

   Premises: Any land together with any structures occupying it.

   Principal Use: The primary use of a lot or premises occupying the major portion of all buildings and structures.

   Produce Stand: Produce Stand to include temporary use structure utilized for the display and sale of agricultural produce and by-products thereof, provided no sales or storage of any kind shall be made from or using a vehicle or trailer of any kind.

   Professional Office: An office (other than a service office and other than an office for care and/or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of:

   (A)   Accountants         (F)   Dentists

   (B)   Architects         (G)   Musicians

   (C)   Artists            (H)   Physicians

   (D)   Attorneys-at-law      (I)   Teachers

   (E)   Engineers

   and others who through training are qualified to perform service of a professional nature or the offices a governmental agency: and where there is no storage, sale or display of merchandise on the premises, other than incidental sales.

   Recreational Vehicle: A vehicle which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use, or for other recreational transportation including, but not limited to, travel trailers, truck campers, camping trailers, self-propelled motor homes, boats, snowmobiles, all-terrain vehicles, motorcycles, dirt bikes, go-carts and stock cars.

   Renewable Energy System: A system that generates energy from natural resources such as sunlight, wind, and geothermal heat. As used herein, “renewable energy system” refers to small wind energy systems and solar energy systems only. (Ord. No. 19-02; 04-09-19)

   Residential Group Home: A building with an exterior appearance similar to a single-family residence which houses four (4) or fewer persons and may include two (2) additional persons acting as house parents or guardians. (See Article XI (Supplementary Regulations) of this Chapter.)

   Retail (or Retailing): A business enterprise consisting primarily of the making of sales and/or rendering of services directly to ultimate consumers, where each sale or service transaction is in relatively small quantity or volume, as distinguished from a wholesale business or from a business where sales are made or services are rendered either in substantial volume to an individual customer and/or for resale to or reuse by ultimate consumers.

   Screening: A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

   Seasonal Sales: The outdoor display of merchandise of interest to consumers on a seasonal basis including, but not limited to, Christmas trees, pumpkins, and lawn and garden supplies.

   Self-Service Storage Facility: A building or group of buildings in a controlled access compound that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of the customer's goods or wares.

   Service Office: An office in which are offered services by:

   (A)   Real Estate agents

   (B)   Insurance agents

   (C)   Public stenographers

   (D)   Brokers

   or others who through training are duly qualified to perform services of an executive nature (as distinguished from a professional office) and where there is no storage, sale or display of merchandise on the premises.

   Setback: The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building including porches, carports, and accessory uses subject to yard encroachment provisions (See Article XII of this Chapter). For lots fronting on curvilinear streets, the front setback shall be measured from a line perpendicular to the chord line to the nearest point of a structure.

   Setback, Required: The minimum horizontal distance between the lot line and the buildable area of a lot necessary to meet the yard requirements of the applicable zoning district. The required setback line shall be parallel to the lot line.

   Site Built Home: A home built primarily at the location where it will be inhabited with the intent that it shall remain permanently on that site. Also known as a “stick-built home.” Note that this term is used to contrast such a dwelling with mobile homes and modular homes defined elsewhere in this Section. (Ord. No. 2017-11; 12-12-17)

   Site Plan: A scaled drawing of the proposed development of a lot for buildings, structures and other site improvements showing the locations and extent of all such improvements.

   Special Use: A use that would not be appropriate generally throughout a zoning district because of potential danger, smoke, noise or odor, light or other nuisance, but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, morals or general welfare. (Ord. No. 2017-11; 12-12-17)

   Story: That portion of a building, included between the service of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

   Street: A public or private right of way which affords the principal means of access to abutting property.

   Street Tree, Approved: A deciduous hardwood tree with a minimum caliper of two and one-half (2 ½) inches and with a clear trunk of at least six (6) feet which is suitable for urban environments, is tolerant of disease and salt, and is included within one of the following species:

   (A)   Bradford callery pear (Pyrus calleryana "Bradford").

   (B)   Ginkgo (Ginkgo biloba) (male varieties only).

   (C)   Hedge maple (Acer carnpestre).

   (D)   Ironwood (Ostrya virginiana).

   (E)   Japanese zelkova (Zelkova serrata).

   (F)   Little leaf linden (Tilia cordata).

   (G)   Pin oak (Quercus palustris).

   (H)   Red maple (Acer rubrum).

   (I)   Red oak (Quercus rubra).

   (J)   Silver linden (Tilia tornentosum).

   (K)   Sugar maple (Acer saccnarum).

   (L)   Thornless honey locust (Gleditsia triacanthos "inermis").

   (M)   Willow oak (Quercus pheilos).

(See Section 33-3-2(C)) (Ord. No. 2017-11; 12-12-17)

   Structure: Anything constructed, erected or located on the ground, or attached to something having or requiring a fixed location on the ground including:

   (A)   Billboard

   (B)   Building

   (C)   Driveway

   (D)   Fence

   (E)   Parking lot

   (F)   Sign

   (G)   Tennis court

   or similar feature, but not including a regulation mailbox.

   Subdivision: The division and recording in accordance with law of a parcel of land into two (2) or more lots for the purpose of transfer of ownership for development, sale or lease.

   Temporary Use: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

   Used Vehicle Sales: A lot or premises where two (2) or more used vehicles are offered for sale concurrently or where four (4) or more used vehicles are offered for sale over a period of one (1) year. (Ordinance 08-003 as amending Sec. 2-3 of Ordinance 05-009 as adopted 9/6/2005)

   Variance: A relaxation by the Zoning Board of Appeals of the dimensional regulations of this Chapter where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the code would result in practical difficulties or particular hardship.

   Yard: An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided for or regulated in the Chapter.

   Yard, Front: A yard extending across the full width of a lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. On corner lots, all yards, which abut a street, are considered front yards.

   Yard, Rear: A yard extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

   Yard, Required: The minimum setback distance for each yard established by the minimum yard dimensions in the zoning district requirements.

   Yard, Side: A yard extending from the front yard to the rear lot line between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building or a yard which is not a front or rear yard.

   Zoning Board of Appeals: All references to the Board created in Section 40-13-2 and to the Zoning Hearing Officer created by Ord. #11-05 shall mean the Hearing Officer who shall be responsible for conducting the prescribed zoning hearings.

   Zoning and Building Official: The zoning and building inspector of the Village or his authorized representative.

   Zoning Certificate: A document issued by the Zoning and Building Official authorizing buildings, structures or uses consistent with the terms of the Chapter and for the purpose of carrying out and enforcing its provisions.

   Zoning Map: The zoning map and/or maps of the Village together with all amendments subsequently adopted.