The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

   (A)   The singular number includes the plural, and the plural the singular.

   (B)   The present tense includes the past and future tenses, and the future tense includes the present.

   (C)   The word "shall" is mandatory, while the word "may" is permissive.

   (D)   The masculine gender includes the feminine and neuter.

   (E)   Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof, and any word appearing in parentheses, between a word and its definition herein, shall be construed in the same sense as that word. Words herein not defined shall be interpreted in accordance with the definitions considered to be normal dictionary usage.

   (F)   The words and terms in this chapter, wherever they occur in this title, shall be construed as herein defined. (Ord. 2006-37, 12-21-2006)

   (A)   Certain terms in this chapter are defined to be inclusive of many uses in order to eliminate overly detailed lists of uses in the zoning districts established by this title. These terms shall be referred to in this title as "generic use definitions".

   (B)   A use that is not specifically listed in a zoning district or does not fall within a generic use definition as defined in this chapter, or as interpreted pursuant to section 6-4-11, "Zoning Interpretation", of this title, is prohibited. (Ord. 2006-37, 12-21-2006)

   (A)   Residential Uses:

    DWELLING, ABOVE THE GROUND FLOOR OF OFFICE OR COMMERCIAL: Dwelling units located in multi-story buildings above the ground floor of office or commercial uses.

   DWELLING, MULTI-UNIT: A building containing four (4) or more individual dwelling units with varying arrangements of party walls and entrances, and each dwelling unit having an individual entrance to a common hallway or the outdoors. "Dwelling, multi- unit" shall not include "dwelling, townhouse" as defined herein.

   DWELLING, SINGLE-UNIT: A building containing one individual dwelling unit, which is located on an individual lot and is not attached to any other dwelling unit.

   DWELLING, THREE-UNIT: A building designed as a single structure, containing three (3) separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one household or family. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to all dwelling units. "Dwelling, three-unit" shall not include "dwelling, multi- unit" or "dwelling, townhouse" as defined herein.

   DWELLING, TOWNHOUSE: A structure consisting of not less than three (3) dwelling units, with no other dwelling, or portion of other dwelling, directly above or below, each having a separate entrance and direct ground level access to the outdoors, and connected to the other dwelling units by a single party wall with no opening. "Dwelling, townhouse" shall not include "dwelling, multi-unit" or "dwelling, three-unit" as defined herein. "Dwelling, townhouse" refers to the design of a building and does not reflect the type of ownership of the individual units.

   DWELLING, TWO-UNIT: A building designed as a single structure, containing two (2) separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one household or family. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. "Dwelling, two-unit" shall not include "dwelling, multi- unit" or "dwelling, townhouse" as defined herein.

   GROUP HOME: A residential building housing physically or developmentally disabled people living together with resident staff. A "group home" constitutes a single housekeeping unit in which residents share responsibilities, meals and recreation.

   LIVE/WORK DWELLING: Buildings, or spaces within buildings, used jointly by the same person or household for commercial and residential purposes. Arts related activities, such as painting, photography, sculpture, music and film, conducted within a dwelling and where one-third (1/3) of the gross floor area is devoted to such work or studio space are also considered "live/work dwellings".

   (B)   Cultural And Religious Uses:

    CONVENT/MONASTERY: A building or group of buildings designed to provide group housing for persons under religious vows or orders.

   CULTURAL FACILITY: This use includes services open to the public including, but not limited to, museums, cultural centers, historical societies, aquariums, and libraries operated by a public, private or nonprofit organization.

   PLACE OF WORSHIP: A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. For the purposes of this title, "places of worship" that include primary or secondary educational facilities shall be categorized within the government and education district as an "educational facility, primary/secondary". "Places of worship" with daycare facilities or weekly religious instruction (also called "Sunday school") shall be categorized as a "place of worship" and shall not be included within the government and education district.

   (C)   Recreational And Entertainment Uses:

    INDOOR ENTERTAINMENT: Predominantly spectator uses conducted within an enclosed building including, but not limited to, movie theaters and sport or game matches or exhibitions. "Indoor entertainment" shall include accessory uses, such as snack bars or refreshment stands, which are designed and intended primarily for the use of patrons. "Indoor entertainment" shall not include "indoor recreation" or "live entertainment" as defined herein. "Indoor entertainment" is distinguished from "indoor recreation" in that the predominant use is spectator oriented and not participatory.

   INDOOR RECREATION: Predominantly participant uses where recreational activities or games of skill are conducted within a wholly enclosed building including, but not limited to, a bowling alley, billiard parlor, arcade, health/sport clubs, indoor tennis courts, indoor sports arenas, indoor swimming pools, or similar uses. "Indoor recreation" shall include accessory uses, such as snack bars or refreshment stands that are designed and intended primarily for the use of patrons. "Indoor recreation" shall not include "indoor entertainment" as defined herein. Park district field houses with indoor recreation facilities are not considered "indoor recreation".

   LIVE ENTERTAINMENT: A musical, theatrical, dance, cabaret, or comedy act performed by one or more persons live. "Restaurants" or "taverns/bars" as defined herein that regularly host such performances shall be considered "live entertainment". Nightclubs that include dancing by patrons and guests are considered "live entertainment". A "live entertainment" establishment may serve alcoholic beverages and food for consumption on the premises.

   OUTDOOR ENTERTAINMENT: Predominantly spectator uses conducted outdoors in open or only partially enclosed facilities. Typical uses include, but are not limited to, fairgrounds, outdoor stadiums, outdoor theaters, raceways, rodeos, music arenas, theme parks, and amusement parks. "Outdoor entertainment" shall include accessory uses, such as snack bars or refreshment stands that are designed and intended primarily for the use of patrons. "Outdoor entertainment" shall not include "outdoor recreation" as defined herein.

   OUTDOOR RECREATION: Predominantly participant uses that take place outside of a building including, but not limited to, miniature golf, swimming pools, tennis courts, ball fields, skateboard parks, and other similar facilities. "Outdoor recreation" shall include accessory uses, such as snack bars or refreshment stands that are designed and intended primarily for the use of patrons. "Outdoor recreation" shall not include "outdoor entertainment", "parks", "golf courses", and "driving ranges" as defined herein.

   SOCIAL CLUB OR LODGE: A membership organization, which holds regular meetings, and its premises, which cater exclusively to members and their guests for social, intellectual, recreational or athletic purposes. A "social club or lodge" may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities. "Social club or lodge" shall not include "country club" as defined herein.

   (D)   Governmental And Educational Uses:

    EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY: A postsecondary institution for higher learning, including community colleges, that grants associate or bachelor degrees, which may also have research facilities, and/or professional schools that grant master and doctoral degrees. "Educational facilities, college/university" also includes postsecondary theological schools for training ministers, priests, or rabbis. "Educational facilities, college/university" shall not include "educational facilities, vocational school" as defined herein.

   EDUCATIONAL FACILITIES, PRIMARY/SECONDARY: A public, private or parochial school offering instruction at the elementary, junior, and/or senior high school levels. "Educational facilities, primary/secondary" also includes secondary theological schools for training ministers, priests, or rabbis.

   EDUCATIONAL FACILITIES, VOCATIONAL SCHOOL: A school established to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum. "Educational facilities, vocational school" shall not include "educational facilities, college/university" as defined herein.

   GOVERNMENT FACILITY: A building or structure owned, operated, and/or occupied by a governmental agency to provide a governmental service to the public. "Government facility" includes government offices but does not include "public safety facility" or "public works facility" as defined herein.

   PUBLIC SAFETY FACILITY: Facilities operated by public safety agencies including fire stations and other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities. The vehicles of fire and police may be dispatched, stored, and/or maintained within the "public safety facility".

   PUBLIC WORKS FACILITY: All production, storage, transmission, and recovery facilities for water, sewer, telephone, and other similar utilities owned or operated by any public agency or utility, and including any municipal repair, storage or production facility or public works yard, as well as any accessory office or meeting room. Municipal vehicles may be dispatched, stored and/or maintained within the "public works facility". "Public works facility" does not include "public safety facility" as defined herein.

   (E)   Open Space Uses:

    CEMETERY: Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, and necessary sales and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

   COUNTRY CLUB: A club organized and operated primarily for social and outdoor recreation purposes with recreation facilities for members, their families, and invited guests.

   DRIVING RANGE: An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack bar and pro shop. Miniature golf courses are not considered a "driving range".

   FOREST PRESERVE: Designated open space that preserves natural features, and protects endangered species and critical environmental features. A "forest preserve" can provide opportunities for passive recreation and environmental education.

   GOLF COURSE: A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms and shelters as accessory uses. A "driving range" as defined herein may be included as part of a "golf course".

   PARK: A noncommercial, not for profit facility designed to serve the recreation needs of the residents of the community. "Parks" include, but are not limited to, ball fields, football fields, soccer fields, basketball courts, playgrounds, and park district field houses with indoor recreation facilities.

   ZOO: An area, including building or structures, which contains wild animals on exhibition for viewing by the public.

   (F)   Retail And Service Uses:

    ADULT USE: Shall include, but not be limited to, the following, as defined herein: adult bookstores, adult entertainment cabarets, adult hotel/motels, adult motion picture theaters, adult novelty stores, massage parlors, and other similar uses.

   Adult Bookstore: An establishment having at least twenty five percent (25%) of its sales or display area devoted to books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", or an establishment with a segment or section devoted to the sale or display of such materials, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

   Adult Entertainment Cabaret: A public or private establishment which features topless dancers, strippers, go-go dancers, male or female impersonators, lingerie or bathing suit fashion shows, not infrequently features entertainers who display "specified anatomical areas" or features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in, explicit simulation of "specified sexual activities".

    Adult Health Spa/Sauna: A health spa, sauna or massage parlor that excludes minors by reason of age and/or provides steam baths, heat bathing, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, and is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas", as defined herein. This definition does not include health clubs, health spas, salons or similar establishments that offer massage therapy or other manipulation of the human body provided by a licensed massage therapist.

   Adult Hotel/Motel: A hotel, motel or similar commercial establishment offering public accommodations for any form of consideration that provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes or videocassette recorders, DVDs or DVD players, slides, or other photographic reproductions for viewing or recording, characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" and/or rents, leases or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty four (24) hour period.

   Adult Motion Picture Theater: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

   Adult Novelty Store: An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing novelties, lotions and other items distinguished or characterized by their emphasis on or use for "specialized sexual activities" or "specified anatomical areas", or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

   Massage Parlor: An establishment providing massages, for hire, by persons other than a licensed healthcare professional, that rub, stroke, knead, or tap the body with the hand or an instrument, or both, for the purposes of or engaging in sexual gratification or as related to "specified sexual activities". This does not include any licensed or sanctioned athletic or medical rehabilitation activity that generally employs or use the services of a physical trainer. In addition, this does not include massage offered by a licensed massage therapist within a health club, day spa or beauty services establishment.

   Specified Anatomical Areas: 1.Less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below a point immediately above the top of the areola; and

2.Human genitals in a discernable turgid state, even if completely and opaquely covered.

   Specified Sexual Activities: 1.Human genitals in a state of sexual stimulation or arousal;

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

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

   ANIMAL HOSPITAL: An establishment for the care and treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence. An "animal hospital" shall not include "kennel" as defined herein.

   ART GALLERY: A commercial establishment engaged in the sale, loan, and/or display of paintings, sculpture, video art, or other works. "Art gallery" does not include "cultural facilities" as defined herein, such as libraries, museums or noncommercial galleries that may also display paintings, sculpture, video art, or other works.

   ASSISTED LIVING FACILITY: Provides daily assistance and long term residence for disabled or elderly individuals, and includes a combination of housing, supportive services, personalized assistance and healthcare designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. An "assisted living facility" shall not include "independent living facility", "group home", or "nursing home" as defined herein.

   CAR WASH: A commercial establishment engaged in the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment, whether automatic or by hand.

   CURRENCY EXCHANGE: A commercial use that exchanges common currencies, sells money orders, or cashier's checks and cashes checks as its principal business activity. "Currency exchange" shall not include a "financial institution" as defined herein.

   DAYCARE CENTER, ADULT: A facility providing care for more than three (3) elderly and/or functionally impaired adults in a protective setting for less than twenty four (24) hours per day. "Adult daycare center" does not include a program operated by a "place of worship" as defined herein that provides care for elderly and/or functionally impaired adults in a protective setting for less than twenty four (24) hours per day.

   DAYCARE CENTER, CHILD: A facility providing care for more than three (3) children in a protective setting for less than twenty four (24) hours per day. "Child daycare center" does not include a program operated by an "educational facility" (all types) or "place of worship" as defined herein that provides care for children three (3) years of age or older for less than twenty four (24) hours per day.

   DAYCARE HOME, ADULT: A dwelling in which a permanent occupant of the dwelling provides care for the elderly and/or functionally impaired adults in a protective setting for more than three (3) and up to a maximum of twelve (12) adults for less than twenty four (24) hours per day.

   DAYCARE HOME, CHILD: A dwelling in which a permanent occupant of the dwelling receives more than three (3) and up to a maximum of twelve (12) children for less than twenty four (24) hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of twelve (12). The term does not include facilities which receive only children from a single household.

   DRIVE-THROUGH FACILITY: Premises used to provide or dispense products or services, through an attendant, window, or automated machine, to persons remaining in motor vehicles in a designated stacking aisle. A "drive-through facility" may be in combination with other uses, such as a "financial institution", "personal services establishment", "retail goods establishment" or "restaurant" as defined herein. A "car wash", "gas station" or "motor vehicle service and repair (major and minor)" shall not be considered to maintain a "drive-through facility" as defined herein.

   FINANCIAL INSTITUTION: A bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM). "Financial institution" shall not include "currency exchange" as defined herein.

   GAS STATION: That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles.

   GREENHOUSE/NURSERY: Retail business whose principal activity is the selling of plants grown on the site and having outside storage, growing or display.

   HEAVY RETAIL AND SERVICE ESTABLISHMENT: This use includes retail and/or service establishments that have regular outdoor service or storage areas, or partially enclosed structures including, but not limited to, large scale home improvement centers, lumberyards, equipment rental and leasing, recreational vehicles, and playground equipment sales and rental.

   HOME OCCUPATION: An occupation carried on in a dwelling unit by a resident thereof, provided that the use is limited in extent and secondary to the use of the dwelling unit for residential purposes and does not alter the residential character of the dwelling unit or the character of the neighborhood. "Home occupation" does not include "live/work dwelling" as defined herein.

   HOSPITAL: An institution providing health services primarily for inpatient, or medical or surgical care for the sick or injured, and including the related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices that are an integral part of the facility.

   HOTEL/MOTEL: An establishment providing, for a fee, sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary uses may include, but shall not be limited to, conference and meeting rooms, restaurants, taverns/bars, and recreational facilities.

   INDEPENDENT LIVING FACILITY: A residential complex containing dwellings where the occupancy is limited to persons who are fifty five (55) years of age or older or, if two (2) persons occupy a unit, at least one shall be fifty five (55) years or older. Such facilities may include common areas for meals and socializing, offer minimal convenience services, but exclude institutional care such as medical or nursing care. An "independent living facility" shall not include "assisted living facility", "group home", or "nursing home" as defined herein.

   KENNEL: An establishment where pet animals owned by another person are temporarily boarded for pay or remuneration of any sort. "Kennel" shall not apply to zoos or animal hospitals operated by veterinarians duly licensed under the law where the boarding of animals is accessory to medical treatment.

   MEDICAL/DENTAL CLINIC: A facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.

   MOTOR VEHICLE DEALERSHIP: Any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles, or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either on site or at a nearby location and may provide on site facilities for the repair and service of the vehicles sold or leased by the dealership.

   MOTOR VEHICLE RENTAL ESTABLISHMENT: Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent.

   MOTOR VEHICLE SERVICE AND REPAIR, MAJOR: Such use includes, but shall not be limited to, establishments involved in engine rebuilding, major reconditioning of worn or damaged motor vehicles or trailers, towing and collision service, including body, frame, or fender straightening or repair, and painting of motor vehicles.

   MOTOR VEHICLE SERVICE AND REPAIR, MINOR: Such use includes, but is not limited to, minor repairs to motor vehicles, including repair or replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel servicing, alignment and balancing, repair and replacement of shock absorbers, and replacement or adjustment of mufflers and tailpipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like. "Motor vehicle service and repair, minor" includes establishments where gasoline and/or fuel oil, and oil, grease, batteries, tires and automobile accessories are sold in addition to the repair facilities.

   NURSING HOME: A facility providing bed care and inpatient services on a twenty four (24) hour per day basis for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services and a facility providing care for alcoholism, drug addiction, mental disease or communicable disease. A "nursing home" shall not include "independent living facility", "assisted living facility", "group home", or "hospital" as defined herein.

   OFFICE BUSINESS: An "office business", which may or may not offer services to the public, is engaged in the processing, manipulation or application of business information or professional expertise. An "office business" is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. It is characteristic of an "office business" that retail or wholesale goods are not shown on the premises to a customer. Examples include, but are not limited to, professional offices for nonprofit organizations, advertising, accounting, investment services, insurance, contracting, architecture, engineering, legal services, and real estate services. "Office business" does not include government offices, which are considered "government facilities" as defined herein.

   OUTDOOR DINING: A seating area located outdoors of a contiguous restaurant, usually in addition to an indoor seating area. Outdoor seating areas for tavern/bars, typically referred to as "beer gardens", are considered "outdoor dining".

   PARKING LOT: An open, hard surfaced area, other than street or public way, to be used for the storage for limited periods of time of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to residents of a multi-unit dwelling, or clients and customers of a business.

   PARKING STRUCTURE: A structure composed of one or more levels or floors used for the parking or storage of motor vehicles. A parking structure may be totally below grade, as in an underground parking garage, or either partially or totally above grade with those levels being either open or enclosed.

   PAYDAY OR TITLE LOAN AGENCY: An establishment providing loans to individuals in exchange for receiving personal checks or titles to the borrowers' motor vehicles as collateral.

   PERSONAL SERVICES ESTABLISHMENT: An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, shoe repair, laundromats, dry cleaners, and tailors.

   RESTAURANT: A structure in which the principal use is the preparation and sale of food and beverages for consumption on the premises or for carryout. "Restaurant" shall not include "tavern/bar", or snack bars or refreshment stands accessory to "indoor or outdoor entertainment" and "indoor or outdoor recreation" facilities as defined herein. A "restaurant" with live performances (music, theater, etc.) is considered "live entertainment".

   RETAIL GOODS ESTABLISHMENT: A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. "Retail goods establishment" shall not include "heavy retail and service establishments" as defined herein.

   TATTOO PARLOR AND/OR BODY PIERCING STUDIO: An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of: 1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; and/or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

   TAVERN/BAR: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an accessory use only. A "tavern/bar" with live performances (music, theater, etc.) is considered "live entertainment".

   (G)   Transportation Uses:

    CARGO TERMINAL: A facility for loading, unloading of freight for current distribution and not warehousing. "Cargo terminal" includes truck terminals where goods transported by truck are received, transferred, stored for the short term and/or dispatched.

   MOTOR VEHICLE OPERATIONS FACILITY: A privately owned facility for the dispatch, storage and maintenance of emergency medical care vehicles, taxicabs, and other livery vehicles. "Motor vehicle operations facility" shall not include "public works facility" or "public safety facility" as defined herein where the vehicles of the fire, police, or other municipal departments are dispatched, stored, and/or maintained.

   PASSENGER TERMINAL: A facility for on and off loading passengers on passenger modes of travel including, but not limited to, buses and public rail systems. "Passenger terminal" includes bus terminals where there are premises designated for the transient housing or parking of buses and the loading and unloading of passengers.

   (H)   Manufacturing, Storage And Research Uses:

    MANUFACTURING, LIGHT: The manufacturing from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

   MANUFACTURING, MEDIUM: The manufacturing of products from processed or unprocessed raw materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users but is not offensive or obnoxious.

   MINIWAREHOUSE: A facility used only for the storing of personal property (no commercial storage) where individual owners control individual storage spaces and no commercial transactions are permitted other than the rental of the storage units.

   RESEARCH AND DEVELOPMENT FACILITY: An establishment which conducts research, development or controlled production in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. "Research and development facilities" do not involve the mass manufacture, fabrication, processing, or sale of products.

   WAREHOUSE/DISTRIBUTION: The storage, wholesale and distribution of manufactured products, supplies and equipment.

   (I)   Other:

    PLANNED UNIT DEVELOPMENT: The subdivision and/or development of a land area as a single unified development, where certain zoning ordinance regulations, such as bulk and use standards, are modified to allow for more flexible planning in conformance with the planned unit development standards and approval processes.

   TELECOM HOTEL: A telecommunication carrier facility containing equipment for telecommunications use including switches, routers, operation centers, and other infrastructure critical for dot com companies, internet servers, data firms, fiber optic cable, and other technology providers. "Telecom hotel" does not include "wireless telecommunications facility" as defined herein.

   WIRELESS TELECOMMUNICATIONS ANTENNA: A specific device, the surface of which is used to transmit and/or receive radio frequency signals, microwave signals, or other signals transmitted to or from other antennas. "Wireless telecommunications antenna" does not include "satellite dish antenna" as defined in this chapter.

   WIRELESS TELECOMMUNICATIONS FACILITY: An unstaffed structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators. "Wireless telecommunications facility" does not include "telecom hotel" as defined herein.

   WIRELESS TELECOMMUNICATIONS TOWER: A structure designed and constructed to support one or more "telecommunications antennas" and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guywires) of either lattice or monopole construction. (Ord. 2006-37, 12-21-2006)

ABUT: To share a common lot line or zoning district boundary without being separated by a street or alley.

ACCESSIBILITY RAMP: A ramp or similar structure which provides wheelchair or similar access to a building.

ACCESSORY BUILDING: A building located on the same lot as, and of a nature customarily incidental and subordinate to, the principal building, the use of which is clearly incidental and subordinate to the principal building. See figure 28, "Accessory Building", of this definition.

ACCESSORY STRUCTURE: A structure located on the same lot with the principal building, that is detached or attached, and is customarily incidental and subordinate to the use of the principal building.

ACCESSORY USE: A use that is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building.

ADDITION OR ENLARGEMENT: Any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or floor area.

ADVERTISING BENCH: Any bench that is used in whole or in part for advertising purposes by means of a message or design painted on, printed on, affixed to or otherwise designed as an integral part of the bench.

ALLEY: A public right of way that normally affords a secondary means of access to abutting property.

ALTERATION: Any change in the size, shape, character, occupancy, or use of a building or structure.

AMATEUR (HAM) RADIO EQUIPMENT: An amateur (ham) radio station licensed by the federal communications commission (FCC), including equipment such as, but not limited to, a tower or alternative tower structure supporting a single, radiating antenna platform and other equipment.

ARBOR: A freestanding structure used in the garden to support vines or climbing plants. See figure 29, "Arbor", of this definition for an example.

ARCHITECTURAL FEATURE: A part, portion, or projection that contributes to the aesthetics of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure, or to make said building or structure habitable.

ARRAYS: A group of antennas arranged by a wireless telecommunications service provider and placed on a tower, structure, or building at a given height aboveground to provide the desired directional characteristics.

AWNING: A structure made of cloth, metal, or other materials affixed to a building in such a manner that the structure may be raised or retracted to a position against the building. For "awnings" with advertising, see definition of Sign, Awning. See figure 30, "Awning", of this definition.

BALCONY: A platform which projects from the exterior wall of a building above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.

BANNER: See definition of Sign, Banner.

BASEMENT: That portion of a building located partly underground, but having one-half (1/2) or more of its clear floor to ceiling height below the average grade of the adjoining ground. See figure 31, "Basement", of this definition.

BAY WINDOW: A window which projects outward from the building, beginning at least two feet (2') aboveground, which does not rest on the building foundation or on the ground. See figure 32, "Bay Window", of this definition.

BERM: An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or fulfill other such purposes.

BLOCK: A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights of way, bulkhead lines, shorelines of waterways or corporate boundary lines.

BOWLING ALLEY: Indoor facility for the sport of tenpin or duckpin bowling, with customary accessory uses such as snack bars.

BUFFER YARD: Land area with landscape plantings and other components used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. See figure 33, "Buffer Yard", of this definition.

BUILDABLE AREA: The area of a lot remaining after the minimum yard and open space requirements of this title have been met.

BUILDABLE LOT: A lot on which a building or other structure may be erected in conformity with zoning and building code requirements.

BUILDING: A structure entirely separated from any other structure by space or by walls in which there are no communicating doors or windows, or similar openings, and having a roof supported by walls or columns for the shelter, support, or enclosure of persons or animals.

BUILDING, ACCESSORY: See definition of Accessory Building.

BUILDING, DETACHED: A building surrounded by open space on the same lot. A building connected to another building only by an unenclosed structure shall be deemed to be a separate detached building.

BUILDING HEIGHT, ACCESSORY BUILDING: The vertical distance measured from the established average finished grade to the highest point of the roof or the highest point of the structure.

BUILDING HEIGHT, PRINCIPAL BUILDING: The vertical distance measured from average finished grade, or proposed finished grade:

(A)In the case of a flat roof, to the highest point.

(B)In the case of a mansard roof, to the deck line.

(C)In the case of a gable, hip or gambrel roof, to the mean point between the eaves and the ridge.

Chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height. See figure 34, "Building Height", of this definition.

BUILDING LINE: The inner edge of any required yard or setback, and the corresponding outer edge of the buildable area. Except as specifically provided by this title, no portion of any building or structure may be extended to occupy any portion of a lot outside its building lines.

BUILDING PERMIT: An official document issued by the building commissioner which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure.

BUILDING, RESIDENTIAL: A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or households and which includes, but is not limited to, the following types: single-unit dwellings, two-unit dwellings, three-unit dwellings, townhouse dwellings and multi- unit dwellings.

BUILDING, TEMPORARY: Any building not designed to be permanently located, placed or affixed in the place where it is or where it is intended to be placed.

BULK: The term used to indicate the size and setbacks of buildings or structures, and the location of the same with respect to one another, and includes, but is not limited to, the following:

(A)Size and height of buildings.

(B)Location of exterior walls at all levels in relation to lot lines, streets or other buildings.

(C)All open spaces allocated to buildings.

(D)Amount of lot area provided per dwelling unit.

BULLETIN BOARD: Any sign with a changeable message board erected in a permanent fashion by a public, charitable or religious institution that is erected upon the same property as said institution.

BUSINESS: An occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

CALIPER: The American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches (6") above the ground for trees up to and including four inch (4") caliper size, and as measured at twelve inches (12") above the ground for larger sizes.

CANOPY: Any structure, other than an awning, made of materials such as cloth, metal, or other materials with a frame either attached to a building or projecting from a building and carried by a frame supported by the ground or sidewalk. For "canopies" with advertising see definition of Sign, Canopy. See figure 35, "Canopy", of this definition.

CARNIVAL/CIRCUS: A traveling or transportable group or aggregation of rides, shows, games, or concessions or any combination thereof.

CHIMNEY: A vertical shaft of reinforced concrete, masonry, or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous fuel.

CHRISTMAS TREE SALES LOT: A retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis Christmas trees and related holiday items such as wreaths and Christmas tree stands.

COLLOCATION: Placement of wireless telecommunications equipment from more than one service or service provider on a single tower or site.

COMMERCIAL VEHICLE: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.

CONFORMING BUILDING OR STRUCTURE: Any building or structure that complies with all the regulations of this title, or any amendment hereto, governing bulk for the zoning district in which such building or structure is located or is designed or intended for a conforming use.

CONTIGUOUS: Adjoining or abutting.

DECK: A roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure.

DISTRICT: A portion of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.

DRIP LINE: An imaginary line encircling a tree corresponding to the farthest extension of the tree branches. See figure 36, "Drip Line", of this definition.

DRIVEWAY: A paved or unpaved access strip of land providing a vehicular connector between the public right of way of the street and a parking space or garage of private or public property.

DWELLING: A building or structure or portion thereof designed for occupancy by one family or household for residential purposes as a single housekeeping unit. In no case shall a motor home, trailer coach, tent, or portable building be considered a "dwelling".

DWELLING, ATTACHED: A dwelling designed as a single structure, containing separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one household or family. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.

DWELLING UNIT: A dwelling unit consists of a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family or household, which include permanently installed bathroom and kitchen facilities.

EASEMENT: Land which has been designed by lawful agreement between the owner(s) of the land and a person(s) for a specified use only by such person(s).

EAVE: The projecting lower edges of a roof overhanging the wall of a building.

ENCROACHMENT: The extension or placement of any structure or building, or component of such, into a required yard.

ERECT: To build, construct, attach, hang, place, suspend, or affix.

FARMERS' MARKET: The seasonal selling or offering for sale of homegrown vegetables or produce, occurring in a predesignated area where the vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

FARMSTAND: A temporary open air stand or place for the seasonal selling of agricultural produce. A farmstand is portable and capable of being dismantled or removed from the sales site.

FENCE: An artificially constructed barrier of wood, masonry, stone, wire, metal, or other combination of materials erected to enclose, screen, or separate areas.

FENCE, OPEN: A fence, including any gates, designed and constructed so that the surface area of any segment of such fence contains at least fifty percent (50%) open spaces as compared to solid materials.

FENCE, SOLID: A fence including any solid gates, which conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted beyond it.

FLOOR AREA, GROSS: The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two (2) buildings, from the centerline of such common wall. "Gross floor area" shall exclude basements, attics, driveways, parking spaces, and accessory uses and structures such as swimming pools, decks, and porches.

FLOOR AREA, NET: The sum of all floors of a building, used for human occupation, including basements, cellars and attics, used for such purposes and as measured from the exterior face of the walls. It does not include basements cellars, and attics, and unenclosed porches not used for human occupation or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this title, or any floor space intended and designated for the operation or maintenance of the building, i.e., heating, air conditioning, ventilation, mechanical or electrical equipment, elevator machinery, elevator shafts, or stairwells.

FOOT-CANDLE: A unit of illumination. It is equivalent to the illumination at all points that are one foot (1') distant from uniform source of one candlepower.

FREQUENCY: Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

GARAGE: A building, either attached or detached, used or designed to be used for the parking and storage of vehicles by those resident upon the premises.

GAZEBO: A freestanding outdoor structure that is open sided in design for recreational use and not for habitation. See figure 37, "Gazebo", of this definition for an example.

GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GREENHOUSE, PRIVATE: A building or structure constructed chiefly of glass, glass like or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.

HEDGE: A row of closely planted shrubs, bushes, or any kind of plant forming a boundary or fence.

HEIGHT: The vertical distance from grade to the highest point of a structure. See also definitions for building height.

HOUSEHOLD: Any number of individuals living together on the premises as a single housekeeping unit.

IMPERVIOUS SURFACE: A measure of intensity of land use that represents the portion of a site that is occupied by buildings, structures, pavement, and other impervious surfaces that do not allow for the absorption of water.

INCOMPATIBLE USE: A use that is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant.

INTENSITY OF USE: Square feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring parking or loading facilities.

LIGHTING, FULLY SHIELDED: A fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

LIGHTING, UNSHIELDED: A fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted.

LOADING BERTH: A space within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office, and work areas for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access.

LOGO: A business trademark or symbol.

LOT: A parcel or tract of land located within a single block, occupied, or intended for occupancy, by one principal building or principal use, and having frontage upon a street. See figure 38, "Lot Types", of this definition.

LOT AREA: The computed area contained within the lot lines.

LOT, CORNER: A lot situated at the junction of, and abutting on, two (2) or more intersecting streets. See figure 38, "Lot Types", of this section.

LOT COVERAGE: The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures, expressed as a percentage of total lot area. See figure 39, "Lot Coverage", of this definition.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

LOT, INTERIOR: A lot other than a corner lot or a through lot. See figure 38, "Lot Types", of this section.

LOT LINE: A property boundary line of any lot. Where any portion of the lot extends into an abutting street or alley, the lot line shall be deemed to be the established or existing street or alley right of way line.

LOT LINE, FRONT: The lot line which abuts an existing or dedicated street. For the purposes of this title, the "front lot line" of a corner lot shall be the shortest street frontage of the lot.

LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line.

LOT LINE, SIDE: Any boundary of a lot that is not a front lot line or a rear lot line.

LOT OF RECORD: A lot which is part of a recorded subdivision, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT, THROUGH: A lot having frontage on two (2) streets at opposite ends of the lot, which is not a "corner lot". See figure 38, "Lot Types", of this section.

LOT WIDTH: The distance between the side lot lines of a lot measured by a straight line drawn between the intersections of the side lot lines with 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. A "zoning lot" may or may not coincide with a "lot of record".

LUMINAIRE: A complete lighting unit extending from a support structure, parallel to the ground, consisting of a light source and all necessary mechanical, electrical and decorative parts. A "luminaire" does not include a pole or other support.

MARQUEE: A permanent roof like structure constructed of durable material extending from part of the wall of a building but not supported by the ground.

MEMORIAL PLAQUE: A sign, tablet, or plaque memorializing a person, event, structure, or site.

MOTOR VEHICLE: Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.

MOVIE THEATER: A theater designed for showing movies or motion pictures.

NAMEPLATE: A sign indicating the name, address or profession of the person or persons occupying the lot or a part of the building.

NONCONFORMING LOT: A lot of record that does not meet the lot area or lot width requirements of this title for the zoning district in which it is located.

NONCONFORMING USE, BUILDING OR STRUCTURE: An existing use, building or structure, or part or appurtenance thereof, not in conformance with the requirements of this title.

OFF PREMISES SIGN: A sign, typically a freestanding wall or roof sign, that advertises a business or product but is not located on the premises where the business is located or the product is the primary product available for sale. An "off premises sign" is also known as a billboard.

OFF STREET PARKING: The storage space for an automobile on premises other than streets or right of way.

ON RIGHT OF WAY PARKING: The storage space for an automobile that is located within the street right of way. See figure 40, "On Right Of Way Parking", of this definition.

OPTION TO BUY: A right given by the owner of property to another to buy certain property within a limited time at an agreed price.

OUTDOOR DISPLAY AND SALES AREA: Part of a lot used for outdoor sales and/or display of goods accessory to the principal use.

OUTDOOR STORAGE: The keeping of any goods, material, merchandise or equipment not within an enclosed building, including incidental maintenance and repair of the material which is being stored.

OWNER: A titleholder of record, or if title is held in trust, the beneficiary of the trust.

PARKWAY: The area, excluding the sidewalk, if any, between the property line and the curb or, in the absence of a curb, between the property line and the nearest edge of the street paving.

PARTY WALL: A wall starting from the foundation and extending continuously through all stories to or above the roof, that separates one building from another, but is in joint use by each building.

PATIO: An impervious surface, no higher than one foot (1') above the ground, designed and intended for recreational use by people and not as a parking space.

PEDESTRIAN WALL: An upright structure of building material, such as masonry or plaster, serving to enclose, divide, or protect an area.

PERFORMANCE STANDARDS: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards, or glare of heat generated by or inherent in use of land or buildings.

PERGOLA: A freestanding structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters. A "pergola" is built as an outdoor sitting area with lattice or open slat roof for partial shade. See figure 41, "Pergola", of this definition for an example.

PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.

PERSON WITH A DISABILITY: Any individual whose disability:

(A)Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual, or physical impairments.

(B)Is likely to continue for a significant amount of time or indefinitely.

(C)Results in functional limitations in three (3) or more of the following areas or major life activities:

      1.   Self-care.

      2.   Receptive or expressive language.

      3.   Learning.

      4.   Mobility.

      5.   Self-direction.

 6. Capacity for independent living.

      7.   Economic self-sufficiency.

(D)Reflects the person's need for a combination and sequence or special interdisciplinary or generic care, treatment, or other services which are of a lifelong or extended duration.

POOL HALL: Establishments that provide, as a principal use, pool tables or billiard tables or a combination thereof for customer use.

PORCH: A structure, which can be enclosed or unenclosed, that projects from the exterior wall of a building, has direct access to the street level of the building, and is covered by a roof or eaves.

PRINCIPAL BUILDING: A nonaccessory building in which a principal use of the lot on which it is located is conducted.

PRINCIPAL USE: The main use of land or buildings as distinguished from an accessory use.

PROPERTY LINE: The lines bounding a zoning lot.

PUBLIC USE AREA (For Parking Standard Calculations): The area within a use where the public or a substantial number of the public has access to, including, but not limited to, such areas as dining rooms, restrooms, bar seating, display areas, etc.

PUMPKIN PATCH: A retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis pumpkins and related holiday (Halloween) items.

REAL ESTATE MODEL UNIT: A residential unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a particular subdivision or other residential development. Model units may also incorporate sales or rental offices for dwellings within the development.

RECREATIONAL VEHICLE: A vehicular unit, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth wheel trailer, or van.

REFUSE: All waste products resulting from human habitation or the conduct of business or industry, except sewage.

RESIDENTIAL DEVELOPMENT SIGN: An identification sign used to indicate the entrance to a subdivision or unified residential area.

RETAINING WALL: A raised area of soil with the top leveled, supported around the edges by stone or timber, designed to resist lateral earth and/or fluid pressures, including any surcharge. This definition of "retaining wall" shall, for the purposes of this title, include terracing used in landscaping. See figure 42, "Retaining Wall", of this definition for an example.

   FIGURE 42: RETAINING WALL

SATELLITE DISH ANTENNA: A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites, or other services.

SECONDARY LIVING UNIT: A detached secondary residential dwelling unit located on the same lot as a single-family dwelling unit, either located within a detached accessory structure, typically referred to as a "coach house". Also that living space within a detached garage, typically in the space above the ground floor parking stalls.

SETBACK: The required minimum distance from a lot line to a building or structure, or other improvement on a lot. See figure 43, "Setback", of this definition.

SHADE TREE: A deciduous tree planted primarily for its high crown of foliage or overhead canopy. A large shade tree is over forty feet (40') in height. Medium shade trees are between twenty five (25) and forty feet (40') in height. Small shade trees reach up to twenty five feet (25') in height.

SHED: A relatively small accessory building often purchased prebuilt or as a kit in prefabricated sections. It is not designed to be served by heat, electricity, or plumbing and does not need to be placed on a permanent foundation. A "shed" is typically intended to store lawn, garden, or pool care equipment.

SHOPPING CENTER: A group of retail and other commercial establishments that is planned, owned and managed as a single property. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two (2) main configurations of shopping centers are malls and strip centers.

SIGN: A name, identification, description, display, illustration or attention getting device which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or lot, and which directs attention to a person, business, product, service, place, organization or entertainment. "Sign" shall not include the flag of any nation, state or governmental entity.

SIGN, A-FRAME: An advertising device ordinarily in the shape of an "A", or some variation thereof, located on the ground, not permanently attached and easily movable, and usually two (2) sided. See figure 44, "A-Frame Sign", of this definition.

SIGN, AWNING: A sign that is mounted or painted on, or attached to, an awning.

SIGN, BANNER: Any sign printed or displayed upon cloth or other flexible material with or without frames.

SIGN, BENCH: See definition of Advertising Bench.

SIGN, CANOPY: A sign that is painted on, printed on, or attached to a canopy.

SIGN, DIRECTIONAL: A sign that identifies parking lot entrances and exits, restrooms, public telephones, walkways, parking lot entrances and exits, and features of a similar nature.

SIGN, DIRECTORY: A sign that serves as common or collective classification for a group of persons or businesses operating on the same zoning lot (e.g., shopping center, office complex, etc.). Such sign may name the persons or businesses included, but carry no other advertising matter.

SIGN, ELECTRONIC: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. For the purposes of this title, "electronic signs" shall be regulated as one of the two (2) following types:

(A)Electronic Display Screen: A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays.

(B)Electronic Message Center: Any sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

SIGN, FREESTANDING: A sign that is attached to a completely self- supporting structure. The supporting structure shall be set firmly in and/or below the ground surface and shall not be attached to any building or structure, whether portable or stationary. A freestanding sign may be a pole or monument sign. See also definition of Sign, Freestanding - Monument and Sign, Freestanding - Pole.

SIGN, FREESTANDING - MONUMENT: Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure. "Freestanding monument signs" are typically mounted on a masonry base. See also definition of Sign, Freestanding.

SIGN, FREESTANDING - POLE: A sign erected and maintained on one or two (2) freestanding mast(s) or pole(s) and not attached to any building, but not including "freestanding monument signs". See also definition of Sign, Freestanding.

SIGN, MUNICIPAL: A sign erected and maintained pursuant to, and in discharge of, any municipal functions or as required by law, including, but not limited to, speed limit signs, stop signs, village limit signs, street name signs, historical or government sites, and directional signs.

SIGN, NONCONFORMING: A sign lawfully erected and maintained prior to the adoption hereof that does not conform to the requirements of this title.

SIGN, OCCUPATIONAL: A sign indicating the name and profession of an occupant of the lot or a part of the building.

SIGN, OFF PREMISES: A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at any location other than upon the premises where such sign is located or to which it is affixed.

SIGN, POLITICAL: A sign advocating action on a public issue or recommending a candidate for public office.

SIGN, PORTABLE: A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable signs shall include, but are not limited to, signs mounted upon a trailer, wheeled carrier or other nonmotorized mobile structure, with wheels or with wheels removed.

SIGN, PROJECTING: Any sign that is attached to a building or other structure, and extends beyond the surface of the building or structure to which it is attached.

SIGN, ROOF: Any sign wholly erected, constructed, or maintained upon or above the roof structure or parapet of any building with the principal support attached to the roof structure. See figure 45, "Roof Sign", of this definition.

SIGN SUPPORT STRUCTURE: Any structure that supports, or is capable of supporting, a sign, including decorative cover.

SIGN, WALL: A sign mounted flat against and projecting less than twelve inches (12") from the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall. "Wall sign" shall not include "window sign" as defined herein.

SIGN, WINDOW: A sign attached to, placed upon, or printed on the interior or exterior of a window or door of a building intended for viewing from the exterior of such a building. A "window sign" may be either permanent or temporary.

STOOP: An exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a building.

STORY: That portion of a building included between the surface of a floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling or roof above it. See figure 46, "Story", of this definition.

STREET: An improved right of way that affords a primary means of access to abutting property.

STREET LEVEL: The story of a building that has its floor at the closest level to the street, with direct pedestrian access to that story from the outside.

STREET WALL: The wall of a building nearest to and facing on a street.

STRUCTURAL ALTERATION: Any change in 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.

STRUCTURE: 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.

SWIMMING POOL: A receptacle for water and/or an artificial pool of water over twenty four inches (24") in depth, or with a surface area exceeding two hundred fifty (250) square feet either at a private residence intended only for the use of the individual owner, his family and friends, or at a multiple-unit residence intended only for the use of the tenants of the building, their families and friends. "Swimming pool" does not include portable or temporary type of pools of plastic, rubberized cloth or similar material installed above ground level.

TEMPORARY CONTRACTOR TRAILER: This use includes watchmen's trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.

TEMPORARY STORAGE CONTAINER: Temporary self-storage containers delivered to residential or commercial uses for the resident or business owner to store belongings, and then picked up and returned to a warehouse until called for. Also known as "PODS" (portable on demand storage containers).

TEMPORARY STORAGE TRAILER: This use includes watchmen's trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.

USE: The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

USE, PERMITTED: A use permitted in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this title.

USE, SPECIAL: A use that owing to some special characteristics attendant to its operation or installation is permitted in a zoning district only after review, and is subject to approval by the village board.

VARIATION: A decision of the board of zoning appeals that, if approved by the village board, permits an applicant to depart from the precise regulations of this title. A variation may be granted only in the specific instances authorized in this title and only in accordance with the standards of this title.

YARD: A required open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for obstructions specifically permitted by this title. A yard extends along a lot line for a depth specified by the zoning district in which such lot is located. See figure 47, "Yards", of this definition.

YARD, CORNER SIDE: A side yard on a corner lot which faces a public street. See figure 47 of this section.

YARD, FRONT: A yard extending the full width of the lot between side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the front lot line. See figure 47 of this section.

YARD, INTERIOR SIDE: A side yard which does not abut a street right of way. See figure 47 of this section.

YARD, REAR: A yard extending between the side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. See figure 47 of this section.

YARD, SIDE: A yard extending along a side lot line between the front and rear yard, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the side lot line. See figure 47 of this section.

ZONING AMENDMENT, MAP: A change in the zone boundaries or area district boundaries upon the zoning map.

ZONING AMENDMENT, TEXT: A change in the wording, context, or substance of the zoning ordinance.

ZONING CERTIFICATE: A zoning certificate which authorizes buildings, structures, or uses consistent with the terms of this zoning ordinance for the purpose of carrying out and enforcing its provisions. (Ord. 2006-37, 12-21-2006)