Council finds that the Planning Commission has certified to Council a plan for dividing the Village into districts, including limitations and regulations of the height, bulk and location (including percentage of lot occupancy, setback building lines and areas of yards, courts and other open spaces) and uses of buildings, other structures and premises in such districts.

   Council further finds that it is the desire of the residents of the Village and Council thereof to preserve the present general character of the Village, to prevent congestion and the attendant danger caused thereby by the lack of sewer and water facilities, and to promote the public health, safety, convenience, comfort, prosperity and general welfare by the restrictions and regulations provided in this Zoning Code.

(Ord. 78-5-2. Passed 5-2-78.)

   As used in this Zoning Code, the words and phrases defined in this chapter shall have the meanings specified herein.

(Ord. 53-5-1. Passed 6-2-53.)

   Words used in the present tense include the future tense; the singular number includes the plural number and the plural number includes the singular number. The words "occupied" and "used," as applied to any building or premises, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." All distances are horizontal measurements unless otherwise specified. The word "shall" is mandatory, unless the natural construction of the wording indicates otherwise. This Zoning Code includes all ordinances amending, explaining or supplementing the same. The Inspector of Buildings includes all persons succeeding him, by whatever title known, in the duties and powers provided for him by this Zoning Code.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Building" means a combination of materials to form a construction that is safe and stable and is designed, built or occupied as a shelter or enclosure for persons, animals or property. The term "building" shall be construed as if followed by the words "or parts thereof" and shall also be construed to include "structure."

   (b)   "Structure" means anything built or erected, including, but not limited to, building, stadium, reviewing stand, bandstand, bleacher, booth, swimming pool, platform, tower, bridge, trestle, shed, bin, pole, tent, tank above or below ground and sign, and also means the supporting framework or parts of a building. The term "structure" shall be construed as if followed by the words "or parts thereof."

   (c)   "Main building" means the building or space occupied by the chief use or activity on the premises.

(Ord. 53-5-1. Passed 6-2-53.)

   "Accessory use" or "accessory building" means a subordinate use or building located on the same lot with and customarily incidental to the main use of the main building.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Dwelling" means a building other than a camp car, trailer or other car on or off wheels, designed for and to be occupied exclusively for human habitation.

   (b)   "One-family dwelling" means a detached dwelling designed for and to be occupied exclusively by one family.

(Ord. 53-5-1. Passed 6-2-53.)

   "Family" means one or more persons related by blood, adoption or marriage, or not more than two unrelated persons living together as a single housekeeping unit. A person shall be deemed a member of a family when, by virtue of an order of the court, such person has been declared to be the ward of a member of the family. At such time as the family member shall cease to be the court-appointed guardian of such person, then such person shall cease to be considered a family member, as defined herein.

(Ord. 75-1-16. Passed 1-7-75.)

   (a)   "Hotel" means a building or a part thereof operated as a public inn and containing ten or more guest rooms without provision for cooking in any guest room.

   (b)   "Motel" means a building or group of buildings operated as a lodging place for transients and their automobiles.

   (c)   "Boarding, lodging or tourist house" means:

      (1)   A dwelling other than a hotel where meals, sleeping accommodations or both are provided for compensation to more than three persons for either definite or indefinite periods, or

      (2)   Any dwelling advertised as a boarding, lodging or tourist house.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Private garage" means a building or structure designed for and to be used for storage of passenger automobiles and in which no occupation, business or service for profit is carried on.

   (b)   "Storage or repair garage" means a building or space other than a private garage for the storage or repair of motor vehicles, with or without ordinary maintenance service and within which a filling station service and/or the sale of accessories is permitted.

(Ord. 53-5-1. Passed 6-2-53.)

   "Gasoline service station" means a building or part of a building, structure or space used for the retail sale of gasoline, lubricants, motor vehicle accessories and minor services and repairs.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Established street grade" means the roadway elevation established by construction or usage and measured at the roadway centerline in front of the lot.

   (b)   "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building or structure.

   (c)   "Finished grade" means the elevation of the finished surface of the ground adjoining the building or structure within a distance of ten feet of the foundation wall.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Height of a building" means the vertical distance to the highest point of the coping in the case of a flat roof and to the mean height between the eaves and ridge in the case of a pitched roof, measured from the finished grade.

   (b)   "Height of a structure other than a building" means the vertical distance to the highest point of the structure measured from the finished grade.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Lot" means a parcel of land occupied or intended to be occupied by one main building and the accessory buildings and uses customarily incidental to such main building and including such open spaces as are provided, as are intended to be used in connection therewith or as are required by this Zoning Code. Such land may or may not coincide with a lot of a recorded subdivision.

   (b)   "Corner lot" means a lot abutting on two streets or roads at their intersection where the angle of the intersection is not more than 135 degrees.

   (c)   "Interior lot" means a lot other than a corner lot.

   (d)   "Front lot line" means the street or road line of the lot in the case of an interior lot and the street or road line designated by the owner as the front lot line in the case of a corner lot.

   (e)   "Rear lot line" means the lot line opposite the front lot line.

   (f)   "Side lot line" means a lot line other than a front or rear lot line.

   (g)   "Depth of a lot" means the distance from the front lot line to the middle of the rear lot line measured in the mean direction of the side lot lines.

   (h)   "Width of a lot" means the mean width measured at right angles to the depth.

   (i)   "Area of a lot" means the total horizontal area included within the lot lines of the lot.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Street or road line" means the lot line dividing the lot from the street.

   (b)   "Setback building line" means the line on or behind the street or road line, between which line and the street or road line no building, portion thereof or structure may be erected above the finished grade, except as provided in this Zoning Code.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Yard" means any space, other than a court, on the same lot with the main building and extending from the lot line to the nearest wall of the main building, unobstructed from the ground to the sky, except as otherwise provided herein.

   (b)   "Front yard" means the yard across the full width of the lot extending from the main building to the front lot line.

   (c)   "Side yard" means the yard between the main building and the side lot line and extending from the front yard to the rear yard.

   (d)   "Rear yard" means the yard across the full width of the lot between the rear line of the main building and the rear lot line. The depth of the rear yard is the mean distance between these two lines.

(Ord. 53-5-1. Passed 6-2-53.)

   (a)   "Story" means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, the space between the surface of a floor and the ceiling next above it.

   (b)   "Half-story" means the portion of a building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over three feet above such floor level.

(Ord. 53-5-1. Passed 6-2-53.)

   "Trailer camp" means a tract or parcel of land open to the public, either free or for a consideration, upon which camp cottages or space providing temporary or permanent sleeping accommodations or parking space for automobile trailers, tents or house cars for human habitation is provided.

(Ord. 53-5-1. Passed 6-2-53.)

   "Parking lot" means an open lot or plot of ground used by the public, with or without a fee, for standing or parking motor vehicles, no part of which is a public street.

(Ord. 53-5-1. Passed 6-2-53.)

   "Junk yard" means the premises upon which used parts of machinery, dismantled vehicles or parts thereof, rags, paper or other used or salvaged material is stored or dumped and held for sale or exchange.

(Ord. 53-5-1. Passed 6-2-53.)

   "Nonconforming use" means the use of land or of a building or structure which does not conform to the use regulations of the district in which it is situated.

(Ord. 53-5-1. Passed 6-2-53.)

   "Home occupation" means a gainful occupation conducted by the members of a family only within the metes and bounds of its place of residence.

(Ord. 53-5-1. Passed 6-2-53.)

   "Roadside stand" means a removable structure used or intended to be used solely by the owner or tenant of the property on which it is located for the sale of seasonal agricultural products produced on the premises.

(Ord. 53-5-l. Passed 6-2-53.)

   "Residential professional office" means an office of a practitioner of a recognized profession when located in a dwelling.

(Ord. 53-5-1. Passed 6-2-53.)

   "Building area" means the aggregate of the maximum horizontal cross-section area of a building on a lot, excluding cornices, gutters, one-story open porches, breezeways, balconies and terraces.

(Ord. 53-5-1. Passed 6-2-53.)

   "Rubbish dump" means the premises upon which inorganic or organic refuse is dumped for ultimate disposal by the elements and for the convenience of the general public.

(Ord. 53-5-1. Passed 6-2-53.)

   "Zoning Code" means Title Four of Part Twelve - the Planning and Zoning Code, including any future amendments or codifications.

(Ord. 53-5-1. Passed 6-2-53; Ord. 2000-5-8. Passed 6-6-00.)

   “Livestock” means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), llamas, and alpacas.

(Ord. 2023-3-6. Passed 5-2-23.)