As used in this chapter, the following words shall have the meanings indicated:
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building, located on the same lot and serving a purpose customarily incidental to the use of the principal building.
ALTERATION, STRUCTURALAny change in the supporting members of a building such as bearing walls, columns, beams or girders.
AREA, BUILDINGThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BASEMENTA story partly underground but having more than 1/2 of its floor-to-ceiling height above the average level of the adjoining grade. A basement shall be counted as a story if used for business or as an independent dwelling unit, in which case the floor-to-ceiling height must be at least seven feet six inches clear.
BOARDINGHOUSEAny dwelling in which more than three persons, either individually or as families, are housed or lodged for hire or otherwise, with or without meals. A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, FRONT LINE OFThe line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
CAR WASHA building or portion thereof which is used for drive-through or automated car washing. "Car wash" shall include hand washing or detailing where such is a principal use of the premises.
[Added 2-15-1994 by L.L. No. 1-1994]
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
COURTAn unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COVERAGEThat percentage of the lot area covered by the building area.
CURB LEVELThe officially established grade at the top of the curb of the street midpoint in front of the lot. Where a lot fronts upon two or more streets of different levels, the curb of the higher street may be taken as the base for measuring the height of structures to a distance 100 feet back from that street.
DWELLINGA building designed or used as the living quarters for one or more families.
DWELLING, ATTACHED OR ROWA dwelling, the walls on two sides of which are in common with the walls of adjoining dwellings and are party or lot line walls.
DWELLING, GROUPA group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.
DWELLING, ONE-FAMILYA building containing one dwelling unit only; also referred to as a "single-family dwelling."
[Amended 1-22-2013 by L.L. No. 1-2013]
DWELLING UNITA dwelling or portion thereof providing complete living facilities for one family.
FAMILYA householder plus one or more persons related by blood, marriage or adoption living together in a family-like arrangement as a single, not-for-profit housekeeping unit sharing kitchen facilities; or a group of persons headed by a householder caring for a reasonable number of individuals in a family-like living arrangement which is the functional and factual equivalent of a family of related persons; or a maximum of two persons not sharing a relationship as described above. A householder is an individual who resides in a dwelling unit and who owns, rents or otherwise has legal possession of such unit. The foregoing are distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.
[Amended 11-10-1986 by L.L. No. 5-1986]
FLOOR AREAThe sum of the gross horizontal area of the several floors of a structure and its accessory buildings. Floor area shall not include cellar space (whether finished or unfinished), stairways, unenclosed porches (screening not being deemed to constitute enclosure), decks, patios and breezeways, accessory off-street parking space or loading berths or any area having a floor-to-ceiling height of less than seven feet.
[Amended 10-18-2002 by L.L. No. 13-2002; 1-22-2013 by L.L. No. 1-2013]
FLOOR AREA RATIOThe ratio of gross floor area of all structures on a lot to the total lot area.
[Amended 10-18-2002 by L.L. No. 13-2002]
GARAGEA building or part thereof used primarily for the storage or parking of one or more motor vehicles.
GARAGE, PRIVATEA garage that is accessory to a residential or nonresidential building and which is not used by the general public. A private garage shall not include an automobile service station.
GARAGE, PUBLICAny garage, other than a private garage, available to the public, operated for gain and which is used for storage and for the following accessory uses: repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. "Public garage" shall not include drive-through or automated car washing and shall not include hand washing or detailing where such is a principal use of the premises. This use shall also not include auto wrecking or auto recovery services and shall not involve the outdoor storage of more than five partially dismantled or significantly damaged vehicles at any one time or the outdoor storage of any partially dismantled or significantly damaged vehicle for more than seven days.
[Amended 2-15-1994 by L.L. No. 1-1994]
GASOLINE SERVICE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include accessory facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means. "Gasoline service station" shall not include drive-through or automated car washing and shall not include hand washing or detailing where such is a principal use of the premises. This use shall also not include auto wrecking or auto recovery services and shall not involve the outdoor storage of more than five partially dismantled or significantly damaged vehicles at any one time or the outdoor storage of any partially dismantled or significantly damaged vehicle for more than seven days.
[Amended 2-15-1994 by L.L. No. 1-1994]
HEIGHTThe height of a building is the vertical distance measured from the curb to the roof. In the case of pitched roofs, such measurement shall be to the average height of the gable. In the case of a flat roof, such measurement shall be to the highest point of the roof deck.
HOME OCCUPATIONAny use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation.
HOME PROFESSIONThe practice of a physician, surgeon, dentist, architect, artist, musician, instructor in arts and crafts, engineer, lawyer or similar professional persons, which practice is conducted entirely within a dwelling which is the bona fide residence of the principal practitioner.
HOSPITALUnless otherwise specified, includes a clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
[Amended 7-17-2001 by L.L. No. 11-2001]
HOTELA building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests, and where only a general kitchen and dining room are provided within the building or in an accessory building.
JUNKYARDThe use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of that portion of any lot that abuts any street for the storage, keeping or abandonment of junk or scrap materials, or the dismantling, demolition or abandonment of automobiles, boats or other vehicles or machinery or parts thereof.
LAUNDROMATA business premises equipped with individual coin-operated clothes-washing and/or -drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel. For the purposes of this chapter, the word "laundromat" is a generic term which shall apply to variations of names for a similar use.
LINE, LOTA line dividing one lot from another.
LINE, STREETA line dividing a street from abutting properties.
LOT AREAThe total area included within lot lines.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets, when the interior angle of intersection does not exceed 135°. Regardless of legal lot lines, no area greater than 100 feet in either direction from the corner will be treated as a corner lot; its excess area shall be treated as an interior lot.
LOT DEPTHThe mean distance between the front and rear lot lines.
LOT or ZONE LOTA piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street. A lot may or may not be the land shown as a lot on a duly recorded subdivision plat.
LOT WIDTHThe horizontal distance between the side lot lines, measured at right angles to the lot depth.
MOTEL, MOTOR COURT or MOTOR HOTELA building or building group designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite, with a parking space closely related to each room or suite.
MOTOR VEHICLE REPAIR SHOPA building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles. "Motor vehicle repair shop" shall not include hand washing or detailing where such is a principal use of the premises. This use shall also not include auto wrecking or auto recovery services and shall not involve the outdoor storage of more than five partially dismantled or significantly damaged vehicles at any one time or the outdoor storage of any partially dismantled or significantly damaged vehicle for more than seven days.
[Amended 2-15-1994 by L.L. No. 1-1994]
NONCONFORMING LOTA zone lot in single ownership which does not conform to the minimum area and/or dimensions required in the district where such lot is located or for any special permit use, as the case may be, and where the owner of said lot does not own any adjoining property, the subdivision of which could create one or more conforming lots.
NONCONFORMING USEA building, structure or use of land existing at the time of enactment of this chapter or any amendment thereto, and which does not conform to the regulations of the district or zone in which it is situated.
[Amended 1-22-2013 by L.L. No. 1-2013]
NURSERY SCHOOLA school designed to provide daytime care or instruction for two or more children from two years of age to five years of age, inclusive, and operated on a regular basis.
NURSING OR CONVALESCENT HOMEAny dwelling with fewer than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
PARKING AREAAn open area used for the storage of motor vehicles.
PARKING AREA, PRIVATEA parking area accessory to a residential or nonresidential use and which is not used by the general public.
PARKING AREA, PUBLICA parking area which is available for public or quasi-public use, such as for the accommodation of clients or customers, or visitors to an institution.
PARKING SPACEThe area required for parking one automobile, which in this chapter is held to be an area nine feet wide and 18 feet long, not including passageways.
[Amended 1-22-2013 by L.L. No. 1-2013]
PLANNED DEVELOPMENT GROUPTwo or more buildings in single ownership or control designed to be maintained and operated as a unit and which may have certain facilities in common, such as yards, open space, recreational spaces, garages and parking areas.
[Amended 2-15-1994 by L.L. No. 1-1994]
RESTAURANT, DELICATESSEN OR OTHER FOOD SERVICE ESTABLISHMENTA place where food is prepared and intended for individual portion service and includes the site at which the individual portions are provided, whether consumption occurs on or off premises. The term excludes food processing establishments, retail food stores, private homes where food is prepared or served for family consumption and food service operations where a distinct group mutually provides, prepares, serves and consumes the food, such as a covered-dish supper limited to a congregation, club or fraternal organization.
[Added 7-18-1989 by L.L. No. 11-1989]
ROOMING HOUSE (see "BOARDINGHOUSE")A building in which three or more rooms are rented and in which no table board is provided. However, for the purposes of this chapter, a rooming house shall be deemed a boardinghouse.
SCHOOLA public, parochial or private institution giving regular instruction at least five days each week, except for holidays, for a normal school year of not less than eight months.
SETBACKThe distance between the front line of a structure and the street line.
SIGNAs defined in Chapter
338, Signs, of the Village Code.
[Amended 1-22-2013 by L.L. No. 1-2013]
SPECIAL PERMIT USEA use which, because of its special characteristics, requires individual consideration.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREETA public or private way which affords the principal means of access to abutting properties.
STRUCTUREAny combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground, and including, among other things, display stands, fences and walls, gasoline pumps, gates and gate posts, mobile dwellings, outdoor bins, pergolas, platforms, pools, porches, reviewing stands, sales stands, signs, stadiums, stagings, standpipes, tanks of any kind, tents, towers of any kind, including radio and television towers and antennas, and trellises. The word "structure" shall be construed as though followed by the words "or part thereof."
SWIMMING POOLAn artificial pool of water used for swimming purposes, including any structures that are auxiliary thereto, such as toilets, showers, dressing and locker rooms, deck areas and any other areas and enclosures maintained in connection with the use of the pool. For the purposes of this chapter, the term includes swimming pools of permanent and temporary construction, with a depth of 24 inches or more.
SWIMMING POOL, COMMUNITYA nonprofit swimming pool that is used exclusively by members of a club or other organization or by the residents of a specific neighborhood or community and by bona fide guests of any of the foregoing.
SWIMMING POOL, PRIVATEA swimming pool that is accessory to a dwelling and is used exclusively by the occupants of the dwelling and their bona fide guests.
SWIMMING POOL, PUBLICA nonprofit swimming pool that is operated by a public agency, such as a municipality, a school district or a county.
TAVERN or BARA place where alcoholic liquors are sold to be consumed on the premises. This term excludes private homes where alcoholic beverages are served for family consumption or where a distinct group, limited to a congregation, club or fraternal organization, serves and/or consumes alcoholic beverages.
[Added 7-18-1989 by L.L. No. 11-1989]
TRAILERA vehicle designed to be transportable by traction and used for living or sleeping quarters, for a temporary place of business (such as a field office of a construction company) or for the transportation or storage of goods or materials, whether standing on its own wheels or resting on rigid supports.
USEThe specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VENDING MACHINEA coin-operated device for dispensing food, beverages and other food products, unattended except for periodic servicing and replenishment of supplies.
YARDAn unoccupied space open to the sky, on the same lot with a building or structure.
YARD, FRONTA yard extending the full width of a lot and situated between the street line and the front line of a building projected to the side lines of the lot. The depth of a front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered part of the main building and shall not project into a required front yard.
YARD, REARA yard between the rear line of a building and the rear line of the lot and extending the full width of the lot.
YARD, SIDEA yard situated between the side line of a building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of a side yard shall be the front line of the lot; and if no rear yard is required, the rear boundary of a side yard shall be the rear line of the lot.