The following words, terms and phrases are hereby defined as follows and shall be interpreted as such throughout this title. Terms not herein defined shall have the meanings customarily assigned to them.

ACCESSORY STRUCTURE OR USE:

Accessory Structure: A subordinate structure detached but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

Accessory Use: A structure or use that: a) is clearly incidental to and customarily found in connection with a principal building or use; b) is subordinate to and serves a principal building or a principal use; c) is subordinate in area, extent, or purpose to the principal building or principal use served; d) contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and e) is located on the same lot as the principal building or use served.

ADULT BOOKSTORE: An establishment for the sale, rental, or exchange of books, magazines, or videocassettes, distinguished or characterized by primary emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined herein including instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities. "Adult bookstores" do not include businesses which sell, rent, or exchange books, magazines, or videocassettes as a sideline or adjunct to sales or rental of books, magazines, or videocassettes not relating to specific sexual activities or specific anatomical areas.

Specific Anatomical Areas: A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specific Sexual Activities: A. Human genitals in a state of sexual stimulation or arousal;

   B.   Acts of human masturbation, sexual intercourse or sodomy; and

   C.   Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

ADULT MINI-MOTION PICTURE THEATER: An enclosed building with a capacity for less than fifty (50) persons, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific anatomical areas or specific sexual activities for observation by patrons therein.

ADULT MODELING AND ENTERTAINMENT FACILITY: An establishment having as its primary activity the presentation of live models displaying lingerie or otherwise presenting live, artistic modeling, with said modeling displaying the human body in a nude or seminude state, distinguished or characterized by an emphasis on specific anatomical areas for observation by patrons therein.

ADULT MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or more persons, used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas for observation by patrons therein.

ALLEY: A public right of way which affords a secondary means of vehicular access to the side or rear of premises that fronts on a nearby street.

AMUSEMENT CENTER: Any premises which contains four (4) or more coin or token operated devices played for a fee, such as pinball machines, foosball tables, pool tables and other similar entertainment or amusement devices.

APARTMENT: A room or suite of rooms in a multi-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen, bath and toilet facilities, permanently installed, must always be included for each apartment.

APARTMENT/DORMITORY: A multi-unit dwelling for which each dwelling unit contains fewer than ten (10) occupants, whether related or unrelated. Each unit shall have two (2) exits and a common area of not less than three hundred (300) square feet which may include cooking and dining facilities and shall be subject to relevant codes or regulations for behavior by students and others in effect at such educational facility which are enforced by resident personnel of such educational facility.

ASSISTED LIVING: Rental housing which provides a living arrangement of self-contained units that integrates shelter, food services and other services for independent adults who do not require twenty four (24) hour professional oversight. Services may include meals, laundry, transportation, housekeeping and organized activities which create opportunities for socialization.

AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding of or reconditioning of engines of any type, motor vehicles, trucks, buses or trailers; collision service, including bodywork, frame or fender straightening or repair; overall painting of motor vehicles, trucks, trailers or painting booth.

AUTOMOBILE REPAIR, MINOR: Minor repairs, incidental body and fender work, touchup painting and upholstering, replacement of minor parts and general tune up service to passenger automobiles and trucks not exceeding one and one-half (11/2) tons' capacity.

AUTOMOBILE SERVICE STATION:

   A.   Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:

      1. Sale and servicing of spark plugs, batteries, distributors and distributor parts.

      2. Tire servicing and repair, but no recapping or regrooving.

      3. Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like.

      4. Radiator cleaning and flushing.

      5. Washing and polishing where no mechanical conveyor, blower, or steam cleaning device is employed; provided, that no more than one single car bay of the service station shall be equipped with washing equipment; and provided, that the lot on which the washing equipment is to be located shall be sufficient to provide on site waiting storage for a total number of vehicles equal to the number capable of being processed during one-half (1/2) hour; and provided, that a drip area shall be provided where vehicles can be dried, located such that water will be confined to the site and will not run onto any street or alley so as to cause a hazard.

      6. Greasing and lubrication.

      7. Providing and repairing fuel pumps and lines.

      8. Minor servicing and repair of engines.

      9. Emergency wiring repairs.

      10. Adjusting and repairing brakes.

      11. Minor motor adjustments not involving removal of the head or crank case or racing the motor.

      12. Sale of cold drinks, packaged foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to the principal operation.

      13. Provision of road maps and other informational material to customers and provision of restroom facilities.

   B.   It shall be unlawful to provide major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles, trucks or trailers not in operating condition, or other work involving noise, glare, fumes, smoke or other such characteristics.

   C.   An automobile service station is not a repair garage, a body shop, a car wash, an automobile wrecking yard or junkyard, nor a storage place for rental trailers.

AUTOMOBILE WRECKING YARD: Any place where two (2) or more vehicles, not in running condition, or parts thereof, are stored in the open, and are not being restored to operation; 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.

BALCONY: An outside deck located at least on the second floor or any higher floor of a dwelling building, and can be cantilevered or supported on piers.

BED AND BREAKFAST ESTABLISHMENT: An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent, in operation for more than ten (10) nights in a twelve (12) month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments. "Operator" shall mean the owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property.

BOARDING HOUSE: An establishment with lodging for compensation offering accommodations for short term transients or extended periods of time. Meals may or may not be provided. (Also referred to as boarding house, rooming house, lodging house, or lodging room, but does not include a bed and breakfast establishment.)

BOOK/STATIONERY STORE: An establishment dealing in books, printed materials and stationery supplies which is not an adult bookstore.

BUILDING: Any permanently anchored structure used or intended for supporting or sheltering any use or occupancy. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate building. See definition of Structure.

BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

BUILDING, HEIGHT OF:

   A.   The vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

      1.   The elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above the lowest grade.

      2.   An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface described in subsection A1 of this definition is more than ten feet (10') above the lowest grade.

   B.   The height of a stepped or terraced building is the maximum of any segment of the building.

BUILDING SETBACK LINE: See definition of Setback.

BUILDING, STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include, but are not limited to, buildings, walls, swimming pools, signs and fences.

BULK STORAGE: The storage of a flammable or combustible liquid in an aboveground tank that is not for dispensing purposes. If an aboveground tank is used for any bulk storage purposes, it is classified as a "bulk storage tank" for the remainder of the calendar year in which it was so used.

CARE HOME, LARGE RESIDENTIAL: A residential care home for more than eight (8) persons, plus supervisory or oversight personnel, living together as a single housekeeping unit, who are disabled, as defined by the term "disability" in this section, for the primary purpose of providing shelter.

CARE HOME, SMALL RESIDENTIAL: A residential care home containing a single one-family dwelling unit for eight (8) persons or fewer, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a familylike atmosphere.

CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CLINIC OR MEDICAL HEALTH CENTER: A building containing an individual practitioner or an association or group of physicians, dentists, clinical psychologists, or similar professional healthcare practitioners, including assistants. The clinic may include apothecary, dental and medical laboratories, and/or x-ray facilities, but shall not include inpatient or overnight care.

CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided such sale of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

COMPREHENSIVE PLAN: The plan, or any portion thereof, adopted by the village to guide and coordinate the physical and economic development of the village. The comprehensive plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, drainage facilities, etc.

CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food products, household items, commercial products associated with minor auto servicing (but not automobile parts), and other goods commonly associated with the same including the retail dispensing of vehicular fuels.

DAYCARE CENTER: A childcare facility which regularly provides daycare for less than twenty four (24) hours per day for:

   A.   More than eight (8) children in a family dwelling unit; or

   B.   More than three (3) children in a facility other than a family dwelling unit.

DAYCARE HOME: A family dwelling unit occupied by the attending family which receives more than three (3) and up to a maximum of eight (8) children for less than twenty four (24) hours a day. The maximum of eight (8) children includes the family's natural or adopted children and all other persons under the age of twelve (12). A daycare home may also be a family home which receives adults who are sixty (60) years of age or older.

DECK: An outside porch without a roof, not necessarily attached to a dwelling wall, whose floor is built on a foundation, piers, or blocks, as a distinct structure requiring a building permit, is above ground grade, and is limited to a maximum height of the adjacent first floor level in the dwelling. A deck is not allowed at any higher level than above grade to avoid the deck floor from creating a defacto roofed porch underneath, but a deck can be located on the existing roof of dwellings and garages.

DISABILITY: As defined by the Americans with disabilities act (ADA), a person who:

   A.   Has a physical or mental impairment that substantially limits one or more major life activities;

   B.   Has a record of such an impairment; or

   C.   Is regarded as having such an impairment.

DISTRICT, ZONING: A portion of the territory of the village wherein uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this title.

DORMITORY: A building used as group living quarters for a student body operated by a college or university or other such institution of higher education, subject to relevant codes and regulations for behavior of students and others in effect at such educational facility which are enforced by resident personnel at such institution.

DWELLING GROUP: Two (2) or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.

DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other.

DWELLING, ONE-FAMILY: A building designed exclusively for use and occupancy by one family, and entirely separated from any other dwelling by space totaling at least nine hundred (900) square feet, and the structure's length does not exceed four (4) times its width and is affixed to a permanent masonry or concrete footing and/or foundation.

DWELLING, ROW (TOWNHOUSE): A row of two (2) to twelve (12) attached, one-family, party wall dwellings.

DWELLING, TWO-FAMILY: A building designed or altered to provide dwelling units for occupancy by two (2) families.

DWELLING UNIT: One or more rooms which are arranged, designed or used as living quarters for a family or for a community residence as a single housekeeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas.

EASEMENT: A right to use a portion of another person's real property for certain limited purposes.

EDUCATIONAL INSTITUTION: Public, private, or parochial school, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, 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 or other governmental agencies or for the public health or safety or general welfare but not including buildings.

FAMILY: One or more persons each related to them by blood, marriage, or adoption (including foster children), together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A family may also be composed of not to exceed three (3) persons not so related; provided, that such unrelated persons live in a single dwelling and maintain a common household and single housekeeping unit. A family includes any domestic servants and not more than one gratuitous guest residing with said family. Such servants or guest shall be included in the unrelated persons attained by this definition, and shall not be in addition thereto.

FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, flora, fauna, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals. Feeding of such farm poultry and farm animals shall be subject to the regulations of the state of Illinois environmental protection agency. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating and 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 extraction of minerals. The term "farm" includes farm dwellings.

FAST FOOD RESTAURANT: An establishment whose principal business is the sale of rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off the premises. The establishment may include a drive-up or drive-through service facility or may offer curb service.

FENCE: A structure, other than a building, which is an artificially constructed barrier of any material or combination of materials or plantings/shrubbery planted or erected to enclose or screen areas of land. Decorative corner treatments which do not exceed six feet (6') in length and three feet (3') in height are not considered fences if they allow for fifty percent (50%) or more open visibility.

FLOODPLAIN OR SPECIAL FLOOD HAZARD AREA (SFHA): Those lands within the jurisdiction of the village that are subject to inundation by a flood having a one percent (1%) probability of being equaled or exceeded in any given year (also known as the 100-year flood).

FLOODWAY: The portion of the special flood hazard area (SFHA) required to store and convey the base flood. The floodway and the SFHAs shall be as delineated on the flood boundary and floodway map prepared by the federal emergency management agency.

FOSTER FAMILY HOME: A family home which provides full time family care to foster children unrelated to the foster family. Foster family homes are limited to a maximum of eight (8) children, including the foster family's children, unless all of the children unrelated to the foster family are of common parentage, or the applicable department of the state of Illinois has waived the limit of eight (8) unrelated children to facilitate an adoptive placement.

FOSTER GROUP HOME: A childcare facility which regularly provides care for no more than ten (10) children placed by and under the supervision of a child welfare agency licensed by the applicable department of the state of Illinois. Adult supervision shall be provided on a twenty four (24) hour basis.

FRONTAGE LOT: See definition of Lot, Multiple Frontage.

GARAGE, BUS OR TRUCK: A building which is used or intended to be used for the storage of motor trucks, truck-trailers, tractors, commercial vehicles, and buses exceeding one and one-half (11/2) tons' capacity.

GARAGE, PRIVATE: A detached accessory building or portion of a principal building used for storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one truck of a rated capacity exceeding one and one-half (11/2) tons.

HALFWAY HOUSE/GROUP HOME: A temporary residential living arrangement for up to five (5) persons, excluding staff, who are receiving therapy, counseling and/or care from support staff who are present at all times the residents are present, for the following purposes:

   A.   To help the residents reenter society while housed under supervision while under constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, and probationary programs;

   B.   To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence;

   C.   To provide temporary shelter for persons who are victims of domestic abuse and/or neglect; or

   D.   To provide adult congregate living arrangements without nursing care.

HAZARDOUS WASTE: Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. The U.S. environmental protection agency (EPA) has developed a list of hazardous wastes based upon corrosivity, reactivity, and toxicity. Hazardous waste includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts, or metallo-organic derivatives; coal, tar acids, such as phenol and cresols and their salts; and all radioactive materials.

HEALTH/RECREATIONAL AND PHYSICAL TRAINING CLUB: An indoor facility including uses such as game courts, exercise equipment, locker rooms, training studios, jacuzzi and/or sauna, and pro shop.

HEIGHT: See definition of Building, Height Of.

HOME OCCUPATION: An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use, and which is clearly incidental to the use of the dwelling unit for residential purposes. There are major and minor home occupations which are clearly addressed under the general provisions of this title.

HOSPITAL OR SANATORIUM: An institution in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or terminal patients; and may include inpatient overnight care.

HOTEL: A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities, and is not a bed and breakfast establishment. (See also definition of Motel.)

HOTEL, TRANSIENT: See definition of Boarding House.

HOUSEHOLD HAZARDOUS WASTE: A hazardous waste that can catch fire, react, or explode under certain circumstances, or that is corrosive or toxic. Common household hazardous waste items, and others not included on this list, might contain materials that are ignitable, corrosive, reactive, or toxic such as: drain openers, oven cleaners, wood and metal cleaners and polishes, automotive oil and fuel additives, grease and rust solvents, carburetor and fuel injection cleaners, air conditioning refrigerants, starter fluids, paint thinners, paint strippers and removers, adhesives, herbicides, insecticides, and fungicides/wood preservatives.

JUNKYARD: Open area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards.

KENNEL: Any structure or premises where dogs and cats over four (4) months of age are kept, raised, bred or boarded for commercial purposes, excluding animal hospitals, clinics and pet shops.

LAND USE PLAN: The comprehensive long range plan for the desirable use of land in the jurisdiction, as officially adopted and as amended from time to time by the village board, the purpose of such plan being, among other things, to serve as a guide to the zoning and prospective changes in the zoning of land to meet changing community needs in the subdividing and use of undeveloped land.

LEGAL OBJECTOR: The owner of a lot, parcel, or tract of land which is next to a lot, parcel, or tract of land, for which a special use is proposed or which is the subject of an amendment of this title. For the purposes of this title, a lot shall be deemed to be next to another if the lots, parcels, or tracts share a common lot boundary line, in whole or in part, or if a common lot boundary, in whole or in part, would occur if all street, highway, or alley rights of way between such lots were excluded.

LOADING AND UNLOADING SPACE, OFF STREET: An open, hard surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors, and trailers to avoid undue interference with the public use of streets and alleys.

LODGING OR ROOMING HOUSE: See definition of Boarding House.

LODGING ROOM: See definition of Boarding House.

LOT: A tract of land intended as a unit for the purpose (whether immediate or future) of development or transfer of ownership. A lot may or may not coincide with a "lot of record".

LOT AREA/COVERAGE: The area of the lot covered by buildings above grade, excluding permitted projections.

LOT, CORNER: A lot having at least two (2) adjacent sides that abut a legally accessible street right of way, except alleys.

LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor.

LOT, FRONT OR FRONTAGE: The length of any one property line of a premises, which property line abuts a legally accessible street right of way, except alleys.

LOT, INTERIOR: A lot other than a corner or reversed corner lot.

LOT LINE, REAR: The lot line or lot lines most nearly parallel and most remote from the front lot line.

LOT LINE, SIDE: A lot line which is not a front or rear lot line.

LOT, MULTIPLE FRONTAGE: A lot that fronts on two (2) or more street rights of way, such as corner lots, through lots, etc.

LOT OF RECORD: An area of land designated as a lot on a plat recorded with the recorder of deeds of Rock Island County, Illinois, in accordance with state law.

LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

LOT, THROUGH: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets. Both such lot lines shall be deemed front lot lines.

LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the side lot lines at the front building line.

LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

MINIWAREHOUSING/STORAGE: Storage units held out for rent or sale to the public for the storage of articles where all stored items are located within an enclosed building, there is no on site sale of the stored items, separate businesses in the units are not established, and automobile repair or the ongoing sale of automobiles, recreational vehicles or other like vehicles is not permitted.

MOBILE HOME/MANUFACTURED HOUSING: A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer, self-contained motor home or other recreational vehicle is not to be considered a mobile home.

MOTEL: A building or group of buildings, whether attached or in connected units, used as individual sleeping units designed primarily for transient travelers and providing for accessory off street parking facilities. The term "motel" includes, but is not limited to, buildings designated as auto courts, tourist courts, motor hotels, motor lodges, and similar terms.

MOTOR FREIGHT TERMINAL: A building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to transshipment.

NIGHTCLUB: A tavern or other commercial establishment where alcoholic beverages and/or food are served for consumption on premises and a dance floor and/or entertainment is provided. See also definition of Tavern.

NONCONFORMING USE: A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

OWNER: Applies to the entity in which title is vested in the building or land.

PARKING AREA, ACCESSORY: An area of one or more parking spaces located at the same property as the building, structure or premises it is intended to serve, or on adjoining or nearby property, and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.

PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of not less than one hundred eighty (180) square feet (91/2 x 19 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 (11/2) tons' capacity.

PERSON: An individual, group of individuals, corporation, association, partnership, joint venture or other entity, and includes any trustee, estate, receiver, assignee or personal representative.

PLANNED UNIT DEVELOPMENT: A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement, as to which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located. The developer or developers of a planned unit development may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.

PLANNING COMMISSION: The planning commission of the village of Milan.

PORCH: A roofed structure (either enclosed or unenclosed), attached to one or more permanent exterior walls of a dwelling building, whose floor is at or just below the level of the dwelling first floor adjacent to the porch.

PRINCIPAL BUILDING: A building in which the primary use of the lot on which the building is located is conducted.

PROPERTY OWNER: Any individual, group of individuals, association, corporation, joint stock association, joint venture, or any other entity in whose name the legal title to the real estate is recorded.

RECREATIONAL VEHICLE: A general term for a vehicular unit bearing current license and/or registration, not exceeding thirty six feet (36') in overall length, eight feet (8') in width or twelve feet (12') in overall height, which includes, but is not limited to, the following specific vehicle types:

Boat Trailer: A vehicular structure, without its own motive power, designed to transport a boat for recreation and vacation use and which is licensed and registered for highway use.

Camper Trailer: A folding or collapsible vehicular structure, without its own (motive) power, designed as temporary living quarters for travel, camping, recreation and vacation uses, and to be licensed and registered for highway use.

Horse Trailer: A vehicular structure, without its own motive power, designed primarily for the transportation of horses and which, in combination with the towing vehicle, is licensed and registered for highway use.

Motor Home: A vehicular unit built on or as a part of a self-propelled motor vehicle chassis, primarily designed to provide a temporary dwelling for travel, camping, recreation and vacation use, and to be licensed and registered for highway use. This category shall include converted bus campers.

Recreational Boat: A vessel, whether impelled by wind, oars or mechanical devices, and which is designed primarily for recreation or vacation use. A recreation vessel, when mounted upon a boat trailer, shall be considered one unit. If the recreational vehicle is equipped with liquefied gas containers, they shall meet the standards of the interstate commerce commission or the federal department of transportation standards in existence at the effective date hereof.

Travel Trailer: A rigid structure, without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use; to be licensed and registered for highway use; and which, when equipped for the road, has a body width of not more than eight feet six inches (8'6").

Truck Camper: A portable structure, without its own motive power, designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation and vacation use, and which, in combination with the carrying vehicle, shall be licensed and registered for highway use.

Utility Trailer: A vehicular structure, without its own motive power, designed and/or used for the transportation of all manner of motor vehicles, goods or materials and licensed and registered for highway use.

REFUSE EQUIPMENT OPERATION: The storage, repair, maintenance, sale or lease of equipment used in the collection, storage or transportation of refuse, including, but not limited to, vehicles, containers and any repair, parts, accessories and appurtenances thereof.

RESIDENTIAL SOLID WASTE: Waste that normally originates in a residential environment.

RESTAURANT: A food establishment serving full course meals prepared on the premises and which may serve alcoholic beverages.

RIGHT OF WAY: A strip of land dedicated to the village or other unit of government for streets, alleys, and other public improvements.

SETBACK: The minimum horizontal distance between the lot or property line and the nearest front, side or rear line of the building, including terraces or any covered projection thereof, including steps.

SPECIAL USE: Any land use which requires a special use permit.

STABLE, RIDING: A building/buildings, including other structures and grounds, used for the boarding or housing of horses used for riding sessions or pleasure riding on the premises.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under floor space is more than six feet (6') above grade for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade at any point, such usable or unused under floor space shall be considered as a story.

STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four feet (4') above the floor of such story.

STREET: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or way for pedestrian use only.

STRUCTURAL ALTERATION: Any change in the supporting members of a building including, but not limited to, bearing walls, load bearing walls, load bearing partitions, columns, beams or girders or any substantial change in the roof or the exterior walls.

STRUCTURE: That which is built or constructed; an edifice or building of any kind; or any piece of work artificially built up or composed of parts joined together in some definite manner.

TAVERN: Any premises wherein alcoholic beverages are sold at retail for consumption on the premises as the principal use, and where sandwiches, snacks and other food products are available for purchase. "Tavern" does not include restaurants where the principal business is serving food (includes bar and cocktail lounge). (See also definition of Nightclub.)

TERRACE/PATIO: An unroofed, paved area located outside at ground grade which is paved as concrete, stone, brick or wood paver blocks (also known as patio blocks).

THEATER: An establishment used to observe films and other visual material which is neither an adult motion picture theater nor adult mini-motion picture theater.

TOURIST COURTS, MOTOR LODGES, MOTELS: A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile, tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges or other similar type uses.

TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests.

TOXIC WASTE: Any combination of pollutants, including disease carrying agents, that, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, can cause death or disease, mutations, deformities or malfunctions in such organisms or their offspring and that adversely affect the environment which are being discarded by being disposed, incinerated or recycled.

TRAILER PARK OR MOBILE HOME PARK: An area of land upon which two (2) or more occupied trailer coaches or mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended as a part of the equipment of such trailer park or mobile home park.

TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, tractors, and truck-trailers, including commercial vehicles, while not loading or unloading. The term does not include class B trucks.

UNRELATED GROUP FAMILY: A group of no more than five (5) unrelated adults living together as a common household by doing their own cooking as distinguished from a group occupying a boarding house, lodging house, club, fraternity, sorority, or hotel. Unrelated group families are permitted with administrative approval; provided, that they comply with the standards and conditions specified in chapter 3 of this title.

YARD: The space adjacent to lot lines which is required to be open and unobstructed from its lowest level upward, except as otherwise permitted. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation or exterior wall of a building.

YARD, FRONT: An open space extending the full width of the lot between a principal building and the street right of way, except for an alley, unoccupied and unobstructed from the ground upward, except as specified in this title.

YARD, REAR: An open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified in this title.

YARD, SIDE: An open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as specified in this title.

ZONING MAPS: The map or maps incorporated into this title as a part hereof. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010; 2011 Code)