A.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular, where the context requires.

B.

"Shall" is mandatory and not discretionary.

C.

"May" is permissive.

D.

"Lot" includes "piece," "parcel," and "tracts"; and the phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

E.

All measured distances shall be to the nearest integral foot; if a fraction is one-half foot or less, the integral foot next below shall be taken.

F.

Any words not defined as follows shall be construed in their generally accepted meanings as defined in the most recent publication of Webster's Dictionary.

G.

The words and terms set forth in Sections 17.08.020 through 17.08.650, wherever they occur in this title, shall be interpreted as defined in this chapter.

(§12.1 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Boardinghouse," "roominghouse" or "lodginghouse" means a residential building, or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms for accommodation of three or more persons who are not members of the keeper's family, and where lodging or meals or both are provided by prearrangement and for definite periods, at a definite prearranged price.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Building height" means the vertical distance measured from the mean elevation of the finished lot grade along the front yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, hip, and pitch roofs; or to the deck line of mansard roofs.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Comprehensive plan" means the extensive and evolving community plan, also called a master plan, developed and approved by the plan commission and adopted or enacted by the village board.

(§12.2 (part), of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Conservation" means preservation of land, water, flora, fauna, and cultural artifacts in their original state.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Consumer service" means the sale of any service to individual customers for their own personal benefit, enjoyment, or convenience. For example, consumer services include the provision of personal services such as beautician and barbering services, the provision of lodging, entertainment, specialized instruction, financial services, transportation, laundry and dry-cleaning services, and all other similar services.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Dwelling" means a building or portion thereof designed or used exclusively as a residence or sleeping place, but not including boardinghouses or lodginghouses, motels, tents, cabins, or mobile homes.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Essential services" means services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such a poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Family" means two or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit; or a group of not more than three persons who need not be related by blood, marriage, or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Floor area" means the sum of the gross floor area for each of the several stories under a roof, measured from the exterior limits or faces of a building or structure; areas below grade and attached accessory structures are not included.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Private garage" means an accessory building, or an accessory portion of a principal building enclosed on at least three sides which is intended for and used to store private passenger motor vehicles and no more than one three-quarter-ton or lesser-sized truck.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Grade" means the highest level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Professional home occupation" means any business or profession carried on by a member of the immediate family residing on the premises, in connection with which:

A.

There are no signs, other than a permitted nameplate when attached to a principal building, and no activity that will indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling;

B.

There are no commodities sold or services rendered that require receipt and delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by first-class mail;

C.

There is no more than one person other than one additional member of the immediate family residing on the premises so employed or otherwise so engaged; and

D.

There are no accessory buildings used in whole or in part.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Hotel" means an establishment containing lodging rooms for occupancy by transient guests but not including a boardinghouse or roominghouse. Such an establishment provides customary hotel services such as maid and bellboy services, furnishing of and laundry of linens used in the lodging rooms, and a central desk with a telephone.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Junkyard" means any land or structure used for a salvaging operation, including, among other things, the storage and sale of wastepaper, rags, scrap metal, and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Loading area" means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Lodging room" means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room providing sleeping accommodations shall be counted as one lodging room.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Lot" means a single parcel of land which may be legally described as such or two or more adjacent numbered lots or parts of such lots in a recorded subdivision plat having principal frontage on a street which comprises a site occupied by, or intended for occupancy by, one principal building or principal use, together with accessory buildings and uses, yards and other open spaces required by this title.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/75).

"Corner lot" means a lot abutting on two streets at their juncture, when the interior angle formed is less than one hundred thirty-five degrees.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Interior lot" means a lot other than a corner lot.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Lot lines and area" means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Recorded lot" means a lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the county recorder's office. A recorded lot may not coincide with a zoning lot.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Lot width" means the width of a parcel of land measured at the rear of the specified street yard.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Zoning lot" means a parcel of land, composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings, or principal use or uses along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setback, and any other requirements set forth in this title.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Mobile home" means any vehicle or similar portable structure designed, used, or so constructed as to permit its being used as a conveyance upon the public streets and to permit the year-round occupancy thereof for one or more persons.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Motel" means an establishment consisting of a group of lodging rooms, each with individual bathroom, and designed for use by transient guests. A motel furnishes customary hotel services such as maid service and laundering of linens used in the lodging rooms, telephone and secretarial or desk service, and the use and upkeep of furniture.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Nonconforming structure" means a building or structure or portion thereof lawfully existing at the time of adoption of the ordinance codified in this title, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Nonconforming use" means the use which lawfully occupies a building or land at the time of adoption of the ordinance codified in this title, and which does not conform with the use regulations of the district in which it is located.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Nonretail commercial" means commercial sales and services to customers who intend to resell the products or merchandise sold or handled. For example, nonretail commercial includes wholesale activities, warehousing, trucking terminals, and similar commercial enterprises.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Nursing home or rest home" means homes for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept, or provided with food and shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick or injured.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Open sales lot" means land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, monuments, and trailers.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Parking space" means a graded all-weather-surface area of not less than one hundred eighty square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Performance standards" means a criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, or glare or heat generated by or inherent in uses of land or buildings.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Planned development" means a parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Retail sales" means the sale of any product or merchandise to customers for their own personal consumption or use, not for resale.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Sanitary landfill" means a method of disposing of refuse by spreading and covering such refuse with earth to a depth of two feet or more on the top surface and one foot or more on the sides of the bank.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Building setback" means the minimum horizontal distance between the front line of a building or structure and the front lot line.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Service station," "filling station," or "gas station" means any building or premises whose principal use is the dispensing, sale, or offering for sale at retail of any motor vehicle fuel or oils. Open storage shall be limited to no more than four vehicles stored for minor repair bearing current license plates. Such storage shall not exceed seventy-two hours duration and shall not permit the storage of wrecked vehicles.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

An industrial, standardized reusable vessel that is specifically designed for the packing, shipping, movement or transportation of freight, articles, goods or commodities and that is designed for mounting on or movement by a rail car or truck trailer.

(Ord. No. 1115, § 1, 1-11-2022)

"Sign" means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, by which information is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product, which is visible from any public street, highway, or pedestrian way.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Advertising signs (billboard)" refers to a sign which directs attention to a business, commodity, service, or entertainment not necessarily conducted, sold or offered for sale on the premises where such sign is located, or to which it is affixed.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Bulletin sign" refers to a sign having removable letters and figures and customarily illuminated, which directs attention to a business, profession or public use conducted, or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Business sign" refers to a sign which directs 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, or to which it is affixed.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Flashing sign" refers to an illuminated sign on which the artificial light is not maintained constant or stationary in intensity or color at all times when such sign is in use. For the purpose of this title, a revolving sign, or any advertising device which attracts attention by moving parts, operated by mechanical equipment or by which movement is caused by natural sources, whether or not illuminated with artificial lighting, shall be considered a flashing sign.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Gross area of a sign" means the entire area within a single contiguous perimeter enclosing the extreme limits of the actual surface of a single face sign. It does not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. A double-face or V-type sign, erected on a single supporting structure where the interior angle does not exceed one hundred thirty-five degrees shall, for the purpose of computing square-foot area, be considered and measured as a single-face sign; otherwise, each display surface of a sign shall be considered a single sign.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Ground sign" refers to a sign which is supported by one or more uprights or braces in or upon the ground.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Identification sign" refers to a sign or nameplate which serves to identify the premises where a business or profession is conducted, or where a commodity, service or entertainment is sold or offered.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Projecting sign" refers to a sign which is affixed to any building wall or other structure and which extends beyond the building wall or parts thereof or structure more than eighteen inches.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Roof sign" refers to a sign erected, constructed, and maintained above the roof of any building, including signs on roof surfaces for aviation direction or safety.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Wall sign" refers to a sign which is affixed to an exterior wall of any building, which sign shall project not more than eighteen inches from the building wall or parts thereof.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Structural alterations" means any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior walls.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Structure" means anything erected, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. A sign, billboard, or other advertising device detached or projecting shall be construed to be a structure.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Thoroughfare" means a street with a high degree of continuity which serves as an intrastate, an intracounty or interstate highway, or as an arterial trafficway between various major points of origin-destination. It affords a primary means of access to abutting properties, except from thoroughfares classified as freeways or other limited access routes not containing frontage roads.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Use" means the purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Accessory use" means a use subordinate to the principal use and located on the same premises serving a purpose customarily incidental to the principal use. Residential accessory uses may include storage of household goods, parking areas, gardening, servants' quarters, private swimming pools and private emergency shelters.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Permitted use" means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such district.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Principal use" means the main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a permitted or conditional use.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Special use" means a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Utilities" means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, and storage yards.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Yard" means an open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise provided in this chapter. See page 174 for illustration entitled "Yards."

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Corner side yard" means a side yard which adjoins a street or thoroughfare.

(§12.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Front yard (setback)" means a yard which is bounded by the side lot lines, front lot line, and the front yard line.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Interior side yard" means a side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Rear yard (setback)" means a yard which is bounded by side lot lines, rear lot line, and the rear yard line.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

"Side yard (setback)" means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.

(§12.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).