In the construction of this Ordinance and any subsequent amendment, the rules and definitions contained in this Article shall be observed and applied, except when the context clearly indicates otherwise.

[17.1-1]

Rules.

a.

Words used in the present tense shall include the future.

b.

Words used in the singular number shall include the plural number, and the plural singular.

c.

The word "shall" is mandatory and not discretionary.

d.

The word "may" is permissive.

e.

The work "lot" shall include the words "piece" and "parcel".

f.

The word "building" shall include the word "structure" and shall include all other improvements of every kind regardless of similarity to buildings.

g.

The phrase "used for" shall include the phrases "arranged for", designed for", "intended for", "maintained for", and "occupied for".

h.

The word "person" shall include a "firm, association, organization, partnership, trust, company, or corporation as well as an individual".

i.

The masculine gender includes the feminine and neuter.

[17.1-2]

Definitions. The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.

Adult-Use Cannabis Business Establishment. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-Use Cannabis Craft Grower. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Cultivation Center. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Dispensing Organization. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Infuser Organization or Infuser. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Processing Organization or Processor. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Transporting Organization or Transporter. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Agriculture. Land including necessary buildings and structures, for the raising of soil crops or the raising of domestic animals as the principal occupation of the residents or users thereof. It shall also include truck-farming, beekeeping, the raising of fruit and berries, and selling the products thereof, but shall not include the feeding of garbage to animals.

Airport. An area of land or water which is used or intended for use for the landing and taking-off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-ways, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings and open spaces.

Alley. A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.

Alterations. Any change in size, shape, character, occupancy, or use of a building or structure.

Animal Hospital. A structure or portion thereof, designed or used for the care, observation or treatment of domestic animals.

Apartment. A room or suite of rooms in a multiple dwelling suitable for occupancy by an individual, group or individuals or a family.

Apparel Stores. Stores selling new clothing for men, women or children at retail.

Appliance Sales. The sale of common household appliances such as washing [machines,] television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises when such repairs are incidental or accessory to their sale.

Auto Court. Same as motel (see definition of motel).

Automobile Accessory Stores. Store engaged primarily in the business of selling tires, batteries, seat covers, and other automobile accessories.

Automobile Laundry. A building or portion thereof, containing facilities for washing more than two vehicles, using automatic production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water and equipment for the hand washing of automobiles, whether by the customer or the operator.

Automobile Repair. General repair, overall painting, engine repairing or rebuilding, reconditioning of motor vehicles, trailers such as body or frame work, and fender straightening.

Automobile Sales. The sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition, but not including storage of trucks of more than five tons in weight or buses; and, the repair and servicing of such vehicles, including body work, painting, motor rebuilding, where conducted within a completely enclosed building.

Automobile Service Station. A building or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles; where repair service is incidental, where no storage or parking space is offered for sale or rent.

Automobile Trailer. Any vehicle, without motor power, used or so constructed as to permit it being used as a conveyance upon the public streets and highways and licensable as such, constructed in such a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, and including also a self propelled vehicle having body designed as living quarters.

Automobile Wrecking. The dismantling of used motor vehicles or trailers, the burning of combustible parts thereof, or the storage, sale or dumping of dismantled or wrecked motor vehicles or their parts.

Awning. A roof-like cover that is temporary in nature and that project from the wall of a building for the purpose of shielding a doorway or window from the elements.

Banks and Financial Institutions. Commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.

Basement. That portion of a building having more than one-half (½) of its height below the average lot grade.

Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, bulkhead lines, or shore lines of waterways, or corporate lines of the Village.

Boundary House. A building other than a hotel, where meals for three (3) or [more] persons, and not to exceed twenty (20) persons are served for compensation to regular patrons by previous arrangement. If a number greater than twenty (20) are regularly served, the establishment shall be classified as a restaurant. Rest homes, nursing homes, homes for the aged, homes for children and penal institutions shall not be classified as "Boarding Homes".

Building. A permanently located, roofed, structure designed or intended for the enclosure, shelter or protection of persons, animals or i[sic] property of any kind and which is permanently affixed to the land.

Building Line. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

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

Bulk. The term used to indicate the gross floor area of a building in relation to the lot area, the height of the structure, and the percentage of land coverage allowable for each building on a zoning lot.

Business and Professional Office. The office of an engineer, doctor, dentist, attorney, real estate broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

Business District. Any zoning district designated with a "C" classification.

Capacity in Persons. The maximum number of persons that can avail themselves of services (or goods) of an establishment, at any one time, with reasonable comfort.

Carport. An open sided, roofed automobile shelter, usually formed by extension of the roof from the side of the building.

Club, Private (non-profit). A non-profit 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. The affairs and management of such "private club" are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food and meals on the premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their quests shall be subject to compliance with the Village, State and Federal ordinances.

Clinic or Medical Center. A medical center or medical clinic is an establishment where three or ii licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as a coordinated laboratory, x-ray and allied department, for the diagnosis, and treatment of humans, which need not but may include, a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include space for the practice of dentistry.

Columbarium. A vault with niches for cinerary urns.

Common Open Space and Recreational Areas. "Recreation area" shall be defined as land specifically designed and intended for the active or passive recreational use of residents and shall include, but not be limited to public and private play lots, and parks, school sites, storm water detention or retention areas, if such areas are capable of being utilized for multi-purpose recreational activities, pedestrian corridors, bicycle and equestrian trails, greenbelt and open space networks.

"Permanent Common Open Space" is defined as parkways, medians, landscaped green space, and other similar areas which are not accepted by the Village as being suitable for recreational purposes.

Contiguous. In contact, adjoining, or touching another object or item as distinguished from being adjacent.

Contiguous Area, Minimum. The area that may constitute a separate or detached part of any zoning district classification as set forth in this ordinance.

Corner Lot. A lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is 135% or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street.

Country Club. A private recreational facility operated for bonafide members paying annual dues for the use of a golf course and ancillary uses such as restaurants (including the sale of alcoholic beverages), residential uses for guests, managers and other employees, but not including commercially operated driving ranges or miniature golf courses.

Density, Gross. The numerical value obtained by dividing the total dwelling units of a development by the gross area of the residential land use.

Density, Net. The numerical value obtained by dividing the total dwelling units of a development by the net area of the residential tract (excluding, public or private streets) of land containing the residential land use.

District. A section of the Village of Round Lake Park within which the regulations governing the use of land are the same.

Duplex Residence. Two one-family dwellings separated only by a vertical part wall without openings. A duplex dwelling shall be considered as one building for the purpose of determining yard requirements

Dwellings. A building or portion thereof, but not a mobile home, designed or used for residential occupancy.

Dwelling Attached. A residential building which is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling Detached. A residential building which is entirely surrounded by open space on the same let.

Dwelling, Multiple-Family. A residential building containing three or more dwelling units.

Dwelling, Single-Family. A residential building containing one dwelling unit only.

Dwelling Two-Family. A residential building containing two dwelling units only.

Dwelling Unit. One or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

Easement. A grant by a property owner for the use of a strip or parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.

Efficiency Apartment. A dwelling unit containing one or more rooms, but no bedroom, designed for occupancy by one family.

Encroachment Lines. Limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. If hydraulic efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be adequate to convey the regulatory flood without resulting in an increase in flood elevations which cause damage to existing or future development.

Family. Either (a) an individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or (b) a group of not more than four persons who are not related by blood, marriage, or adoption, living as a common household in a dwelling unit.

Farm. Land used for agricultural purposes.

Farming Garbage. The feeding of combined or collected garbage or food waste to livestock or disposing of same in the open.

Fence. A free standing structure of metal, masonry composition or wood or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

Flood. A temporary rise in stream flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel.

Flood Fringe. Any land that would have been inundated by the 50-year flood of record as determined by the Village Engineer.

Flood Proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.

Floodway. The area flooded as shown by the limits of the boundary of the 19___ flood as delineated on the USGS map of Quad___ .

Flood Area. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, computed as follows:

A.

For Determining Flood Area Ratio. The sum of the following areas:

1.

The basement floor area when more than one-half (½) of the basement height is above the finished lot grade level where curb level has not been established;

2.

Elevator shafts and stairwells at each floor;

3.

Floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof);

4.

Penthouses;

5.

Attic space having headroom of seven feet, ten inches or more;

6.

Interior balconies and mezzanines;

7.

Enclosed porches; and

8.

Floor area devoted to accessory uses.

Space devoted to off-street parking or loading shall not be included in the floor area of structures devoted to bulk storage of materials.

B.

For Determining Off-Street Parking and Loading.

1.

Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets;

2.

Any basement floor area devoted to retailing activities; and

3.

Floor area devoted to the production or processing of goods or to business or professional offices.

For this purpose, floor area shall not include space devoted primarily to storage purposes (except as otherwise noted herein) off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement flood area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.

Floor Area Ratio (F.A.R.). The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of planned development, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal accessory buildings) in direct ratio to the gross area of the lot.

Food Stores. Stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and super markets. Sales must be made at retail on the premises, but not for consumption on the premises.

Foot Candle. A unit of illumination. Technically, the illumination of all points one foot distance from a uniform point source of one candle power.

Frontage. The length of a front lot line or lines.

Frontage, Zoning Lot. All the property of such zoning lot frontage or a street, and measured between side lot lines.

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

Gross Acre or Acres. Real property containing 43,560 square feet of 160 square rods with streets, highways, roads, right-of-way easements.

Height, Building and Structure. The vertical distance measured from a horizontal plane above and parallel to the average finished grade of the entire zoning lot to the highest elevation of the roof in the case of a slant or flat roof on a building or structure; to the deck line of a mansard roof on a building or structure; to the mean height level between eaves and ridge of a gable, chip or gamlerel roof on a building or structure; or to the highest point of a building or structure without a roof.

No part of any building or structure shall project above said vertical distance, except:

A.

Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located.

B.

Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers and electric transmission line towers.

Heliport. An area of land and/or a structure or building which is used or intended for use for the landing and taking off of helicopters and any appurtenant areas which are used or intended for use for heliport buildings or other heliport facilities or rights-of-way, including all necessary pads, helicopter storage and tie down areas, hangers and other necessary buildings and open spaces.

Home Occupation. See Article III, Section 3.18.

Hydronamic Force. Pertaining to the force of floodwater in motion.

Hydrostatic Force. Pertaining to the force of floodwater at rest.

Hospital or Sanitarium. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than twenty-four (24) hours in any week, of three or more non-related individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term hospital as used in this Ordinance does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter, or boarding houses.

Hotel. An establishment which is open to transient guests, in contradistinction to a boarding house, lodging house, or apartment hotel, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

Industrial District. Any zoning district designated with an "I" classification, for example "I-1".

Kitchen. Any room used, or intended or designed to be used, for cooking or the preparation of food.

Kennel, Commercial. Any premises or portion thereof on which more than four (4) dogs, cats or other domestic animals over eight (8) months in age are kept, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.

Laboratory, Medical. A use established for scientific experimentation, research or testing in the field of human medicine.

Landscaping. The improvement of a lot, parcel, or tract of land with grass, shrubs, and trees. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Liquor Store, Package. Any establishment selling beer, wine or alcoholic liquor at retail to the general public in sealed bottles or other sealed containers for consumption or use away from the premises where paid establishment is located.

Living Area - Minimum. Living area is the same as a dwelling unit. See Dwelling Unit.

Lodging House. A building or premises where lodging is provided for compensation, for three (3) or more regular patrons and not to exceed twenty (20) patrons, and not for transients.

Lot Area, Minimum. The minimum area of a horizontal plane bounded by the front, side and rear lot lines.

Lot Coverage. That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof areas.

Lot Depth. The distance between the midpoints of the front lot line and the midpoint of the rear lot line.

Lot Interior. A lot other than a corner lot.

Lot Frontage, Minimum. The boundary of a lot along a public or private Street.

Lot of Record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Lake County Recorder of Deeds; or a parcel of land which was lawfully recorded prior to the adoption and enactment of this Comprehensive Amendment to the Village of Round Lake Park Zoning Ordinance.

Lot Width, Minimum. The minimum distance on a horizontal plan between the side lot lines measured at right angles to the lot depth at the established front building line.

Lot, Line. A property boundary line of a lot.

Lot Line, Front. A street right-of-way forming a boundary of a lot.

Lot Line, Rear. The boundary of a lot which is most distant from, and is most nearly parallel to, the front lot line.

Lot Line, Side. Any boundary of a lot which is not a front lot line or a rear lot line.

Lot, Zoning. A parcel of land that is designated by its owner or developer, at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:

A.

A single lot of record, or

B.

A portion of a lot of record, or

C.

A combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.

Major Highways. All roads, streets, avenues, thoroughfares or other types of vehicular traveled ways designated by a United States or State of Illinois route number.

Medical Cannabis Definitions:

"Cardholder" means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the Department of Public Health.

"Designated caregiver" means a person who: (1) is at least 21 years of age; (2) has agreed to assist with a patient's medical use of cannabis; (3) has not been convicted of an excluded offense; and (4) assists no more than one registered qualifying patient with his or her medical use of cannabis.

"Enclosed locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.

"Medical cannabis container" means a sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.

"Medical cannabis cultivation center" or "Cultivation center" means a facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

"Medical cannabis dispensing organization", or "dispensing organization", or "dispensary organization" or "dispensary" means a facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

"Medical cannabis facility" means a medical cannabis cultivation center or a medical cannabis dispensary.

"Medical cannabis infused product" means food, oils, ointments, or other products containing useable cannabis that are not smoked.

"State governing statute" means the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122), or any successor legislation.

Mobile Home. Mobile home is a dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for year-round and permanent occupancy; except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connected to the Village water and sewer system, and similar operations.

Motel. A building or portion thereof, or a group of buildings which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designed as a hotel, inn, auto mobile court, motel, motor inn, motor lodge, tourist court of otherwise.

Motor Freight Terminal. A building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi trailers, including tractor and/or trailer units, and other trucks are parked or stored.

Nonconforming Structure. A structure which does not comply in some respect with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.

Nonconforming Use. An existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.

Nursing or Convalescent Home. An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.

Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Octave Bank. A prescribed interval of sound frequencies which classifies sound according to its pitch.

Odor Threshold. The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.

Particulate Matter. Material other than water which is suspended in or discharged into the atmosphere in a finely, divided form as a liquid or solid.

Planned Development. A parcel or tract of land, initially under single ownership or control to be developed as a unified project and single entity which contains two or more principal buildings and more than one principal use the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one district established by this Zoning Ordinance.

Preferred Frequency Octave Bands. A standardized series of octave bands prescribed by the American National Standards Institute in SI.6 - 1060, Preferred Frequencies for Acoustical Measurements.

Principal Structure. A structure in which a principal use of the lot on which the structure is located is conducted.

Principal Use. The main use of land or structures as distinguished from a subordinate or accessory use.

Reach. A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are primarily controlled by manmade or natural obstructions on constrictions. In an urban area, an example of a reach would be the segment of a stream or river between two consecutive bridge crossings.

Recreational Facility, Commercial. A use which may contain indoor or outdoor swimming pools, tennis courts, gymnasium, hand ball court, pool and billiard rooms, bowling alleys and other similar uses when operated for profit.

Regulatory Flood. The regulatory flood is a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has an average frequency in the order of the 50-year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region.

Regulatory Flood Protection Elevation. The elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed.

Remodeling. Any change in a structure, including a structural alteration (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of a structure.

Residence District. Any zoning district designated with an "R" for example, "R-2".

Residential Building. A building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, and lodging houses.

Restaurant. A public eating establishment, including but not limited to the types of businesses customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains, cafes or similar uses where the principal use is the serving of food and drink within a completely enclosed building but may include accessory use areas for limited outdoor seating and an accessory drive up window for primarily pre-ordered food or beverage via telephone, internet or similar communication methods with permitted accessory use for non-pre-ordered service.

Restaurant, Carry-out/Drive-in. A restaurant whose principal business operation is the dispensing of edible foodstuff and/or beverage, ready for consumption, at outdoor tables or to be carried off the premises. A carry-out/drive-in restaurant may include a drive-up window as a principal use.

Retail Sales. The sale of goods, merchandise and commodities for use or consumption.

Ringelmann Number. The shade of smoke as it appears on the standard Ringelmann Chart published by the U.S. Bureau of Mines information Circular No. 8333 (1967).

Roadside Stand. A structure for the display and sale of agricultural products, with no space for customers within the structure itself.

Screening. Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall be not less than six or more than eight feet in height.

Setback. The distance between the lot line and the principal building on the lot.

Sign. Any writing (including letter, words or numerals, pictorial representation (including illustrations or decorations) emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which:

A.

Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the ground.

B.

Is used to announce, direct attention to, or advertise, and,

C.

Is not located inside a building.

Smoke. Small gas-borne particles other than water that form a visible plume in the air.

Sound Level Meter. An electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specific manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.

Sound Pressure Level. The intensity of a sound measured in decibels mathematically described as 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.

Standard Cubic Feet (SCF). Standard cubic feet, which is the measure of the volume of a gas reduced to 14.73 pounds per square inch pressure absolute and 60°F.

Structure. Anything constructed or erected with a fixed location on the ground. With reference to the foregoing, a structure shall include buildings, fences, walls and signs.

Tavern. An establishment in which alcoholic beverages are sold or served to customers for consumption on the premises, including establishments, commonly known as key clubs, in which alcoholic beverages are served, only to members and their guests.

Temporary Use. See Article III (§ 3.17).

Toxic Matter. Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Traffic Way. A public way other than an alley, intended for vehicular traffic and affording a primary means of access to abutting property.

Trailer. A vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo or property.

Use. Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.

Use Regulations. The provisions of this Ordinance which identify permitted uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.

Vibration. The periodic displacement or oscillation of the earth.

Wholesale Sales. The sale of goods, merchandise and commodities for resale.

Yard. Open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in Section [3.24].

Yard Corner. A yard extending along the full length of a front lot line, side yard adjoining a street, and the rear lot line.

Yard, Front. A yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance there from equal to the depth of the required front yard. On a corner lot, each yard that abuts a front lot shall be considered a front yard.

Yard, Rear. A yard extending along the length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance there from equal to the depth of the required rear yard.

Yard, Side. A yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance there from equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side yard specified in the district regulations of this Ordinance refer to the required width of each side yard rather than to the total width of both side yards, unless otherwise specified.

Yard Transitional. The required front, side, or rear yard between a business or manufacturing district and a residential district.

(Ord. No. 93-23, § II, 10-4-93; Ord. No. 97-25, § 3, 11-4-97; Ord. No. 11-07, § II, 6-7-11; Ord. No. 11-19, § V, 10-4-11; Ord. No. 14-15, § II, 11-11-14; Ord. No. 20-06, § 2, 9-15-20)