1.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular, where the context requires;

2.

The word "shall" is mandatory and not discretionary;

3.

The word "may" is permissive;

4.

The word "lot" shall include the words "piece," "parcel," and "tract"; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for";

5.

All measured distances shall be to the nearest integral foot—if a fraction is one-half foot or less the integral foot next below shall be taken;

6.

Any words not defined as follows shall be construed in their general accepted meanings as defined in the most recent publication of Webster's Dictionary; and

7.

The words and terms set forth herein under definitions, wherever they occur in this ordinance, shall be interpreted as herein defined.

Boardinghouse (rooming or lodginghouse): A residential building, or portion thereof; other than a motel, apartment hotel or hotel; containing lodging rooms for accommodation of three or more persons who are not members of the keeper's family and where lodging or meals or both are provided by prearrangement and for definite periods, at a definite prearranged price.

Building: Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials.

Building height: The vertical distance measured from the mean elevation of the finished lot grade along the front yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, hip, and pitch roofs; or to the deck line of mansard roofs.

Comprehensive plan: The extensively developed and evolving plan, also called a master plan, adopted by the village planning commission.

Conservation: Preservation of land, water, flora, fauna and cultural artifacts in their original state.

Consumer service: Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience. For example, consumer services include the provision of personal services such as beautician and barbering services, the provision of lodging, entertainment, specialized instruction, financial services, transportation, laundry and dry cleaning services, and all other similar services.

Dwelling: A building or portion thereof designed or used exclusively as a residence or sleeping place, but not including boarding[houses] or lodginghouses, motels, hotels, tents, cabins, or mobile homes.

Essential services: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings.

Family: Two or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit; or a group of not more than three persons, who need not be related by blood, marriage, or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants.

Floor area: The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure. Areas below grade and attached accessory structures are not included.

Garage, private: An accessory building, or an accessory portion of a principal building enclosed on at least three sides which is intended for and used to store private passenger motor vehicles and no more than one three-quarter-ton or lesser sized truck.

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

Home occupation, professional: Any business or profession carried on by a member of the immediate family residing on the premises, in connection with which:

(a)

There are no signs, other than a permitted nameplate when attached to a principal building, and no activity that will indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling;

(b)

There are no commodities sold, or services rendered that require receipt and delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by first class mail;

(c)

There is no more than one person other than one additional member of the immediate family residing on the premises so employed or otherwise so engaged; and

(d)

There are no accessory buildings used in whole or in part.

Hotel: An establishment containing lodging rooms for occupancy by transient guests but not including a boarding or roominghouse. Such an establishment provides customary hotel services such as maid and bellboy services, furnishing of and laundry of linens used in the lodging rooms, and central desk with telephone.

Junkyard: Any land or structure used for a salvaging operation, including, among other things, the storage and sale of wastepaper, rags, scrap metal, and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.

Loading area: A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodging room: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room providing sleeping accommodations shall be counted as one lodging room.

Lot: A single parcel of land which may be legally described as such or two or more adjacent numbered lots or parts of such lots in a recorded subdivision plat having principal frontage on a street which comprises a site occupied by, or intended for occupancy by, one principal building or principal use, together with accessory buildings and uses, yards and other open spaces required by this ordinance.

Lot, corner: A lot abutting on two streets at their juncture, when the interior angle formed is less than 135 degrees.

Lot, interior: A lot other than a corner lot.

Lot lines and area: The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot, recorded: A lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the county recorder's office. A recorded lot may or may not coincide with a zoning lot.

Lot width: The width of a parcel of land measured at the rear of the specified street yard.

Lot, zoning: A parcel of land, composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setback, and any other requirements set forth in this ordinance.

Mobile home: Any vehicle or similar portable structure designed, used or so constructed as to permit its being used as a conveyance upon the public streets and to permit the yearround occupancy thereof for one or more persons.

Motel: An establishment consisting of a group of lodging rooms, each with individual bathroom, and designed for use by transient guests. A motel furnishes customary hotel services such as maid service and laundering of linens used in the lodging rooms, telephone and secretarial or desk service, and the use and upkeep of furniture.

Nonconforming structure: A building or structure or portion thereof lawfully existing at the time of adoption of this ordinance, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

Nonconforming use: A use which lawfully occupies a building or land at the time of adoption of this ordinance and which does not conform with the use regulations of the district in which it is located.

Nonretail commercial: Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. For example, [the term] "nonretail commercial" includes wholesale activities, warehousing, trucking terminals, and similar commercial enterprises.

Nursing home or rest home: A home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept, or provided with food and shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick or injured.

Open sales lot: Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, monuments and trailers.

Parking space: A graded all-weather surface area of not less than 180 square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

Performance standards: A criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, or glare or heat generated by or inherent in uses of land or buildings.

Planned development: A parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development.

Retail sales: Sale of any product or merchandise to customers for their own personal consumption or use, not for resale.

Sanitary landfill: A method of disposing of refuse by spreading and covering such refuse with earth to a depth of two feet or more on the top surface and one foot or more on the sides of the bank.

Service station, filling station, gas station: Any building or premises whose principal use is the dispensing, sale, or offering for sale at retail, of any motor vehicle fuel or oils. Open storage shall be limited to no more than four vehicles stored for minor repair bearing current license plates. Such storage shall not exceed 72 hours' duration and shall not permit the storage of wrecked vehicles.

Setback, building: The minimum horizontal distance between the front line of a building or structure and the front lot line.

Signs: Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which information is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product and which is visible from any public street, highway or pedestrian way.

Sign, advertising, (billboard): A sign which directs attention to a business, commodity, service, or entertainment not necessarily conducted, sold or "offered for sale on the premises where such sign is located, or to which it is affixed.

Sign, business: A sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located, or to which it is affixed.

Sign, gross area of: The entire area within a single continuous perimeter enclosing the extreme limits of the actual surface of a single-face sign. It does not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. A double-face or V-type sign, erected on a single supporting structure where the interior angle does not exceed 135 degrees shall, for the purpose of computing square-foot area, be considered and measured as a single-face sign; otherwise each display surface of a sign shall be considered a single sign.

Structural alterations: Any change, other than incidental repairs, which would prolong the life of 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 having an area of 15 square feet or more, the use of which requires a more or less permanent location on the ground, including skids or other base of a semipermanent nature, or attached to something having a permanent location on the ground. A sign, billboard, or other advertising device detached or projecting shall be deemed to be a structure.

Thoroughfare: A street with a high degree of continuity which serves as an intrastate, an intracounty or interstate highway or as an arterial trafficway between various major points of origin-destination. It affords a primary means of access to abutting properties, except from thoroughfares classified as freeways or other limited-access routes not containing frontage roads.

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, accessory: A use subordinate to the principal use and located on the same premises serving a purpose customarily incidental to the principal use. Residential accessory uses may include storage of household goods, parking areas, gardening, servants' quarters, private swimming pools and private emergency shelters.

Use, conditional: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.

Use, permitted: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such district.

Use, principal: The main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a permitted or conditional use.

Utilities: Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, and storage yards.

Yard: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise provided in this ordinance.

Yard, corner side: A side yard which adjoins a street or thoroughfare.

Yard, front (setback): A yard which is bounded by the side lot lines, front lot line, and the front yard line.

Yard, interior side: A side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.

Yard, rear (setback): A yard which is bounded by side lot lines, rear lot line, and the rear yard line.

Yard, side (setback): A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.

(Ord. of 5-19-1980, § 1)

Closed-cup flashpoint: The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The tag closed-cup tester shall be authoritative for liquids having a flashpoint below 175 degrees Fahrenheit. The Pensky-Martens tester shall be authoritative for liquids having flashpoints between 175 degrees Fahrenheit and 300 degrees Fahrenheit.

Decibel: A unit of measurement of the intensity or loudness of sound. Sound level meters employed to measure the intensity of sound are calibrated in decibels. A decibel is technically defined as 20 times the logarithm to the base ten of the ratio of the sound pressure in microbars to a reference pressure of 0.0002 microbar.

Displacement (earth): The amplitude or intensity of an earthborn vibration measured in inches. The displacement or amplitude is one-half the total earth movement.

Earthborn vibrations: A cyclic movement of the earth due to the propagation of mechanical energy.

Equivalent opacity: The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray.

Free burning: A rate of combustion described by material which burns actively and easily supports combustion. Examples: coal, charcoal.

Frequency (vibration and sound): Frequency is the number of oscillations per second involved in a vibration or sound.

Impact noise: A short duration sound which is incapable of being accurately measured on a sound level meter.

Impulse: Discrete vibration pulsations occurring no more often than one per second.

Incombustible: A material which will not ignite nor actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees Fahrenheit.

Intense burning: A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, magnesium (powder, flaked, or strips), rocket fuels.

Moderate burning: A rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: wood, timber and logs.

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

Octave band filter: An electronic frequency analyzer designed according to standards of the American Standards Association and used in conjunction with a sound level meter to take measurements of sound pressure level in specific octave bands.

Odor threshold: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

Odorous matter: Any material that produces an olfactory response among human beings.

Particulate matter: Material other than water which is suspended in or discharged into the atmosphere in a fine form as a liquid or solid at outdoor ambient conditions.

Pre-1960 octave bands: The frequency intervals prescribed by the American Standards Association in ASA Standard 224.10-1953, "Octave Band Filter Set."

Preferred frequencies: A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA Standard No. S1.6-1960, "Preferred Frequencies for Acoustical Measurements."

Ringelmann Chart: A chart described by the U.S. Bureau of Mines in their Information Circular No. 6888, upon which are illustrated graduated shades of gray for use in estimating the light obscuration capacity of smoke.

Ringelmann number: The number of the area on the Ringelmann Chart that coincides most nearly with the visual density or equivalent opacity of the emission of smoke observed.

Slow burning: A rate of combustion which describes materials that do not in themselves constitute an active fuel for the spread of combustion. Examples: wood, materials with fire-retardant treatments.

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

Sound level meter: An instrument for the measurement of sound pressure levels constructed in accordance with the standards of the American Standards Association and calibrated in decibels.

Sound pressure level: The intensity of sound or noise in decibels.

Three-component measuring system: An instrument or complement of instruments which records earthborn vibration simultaneously in three mutually perpendicular directions.

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

Vibration: The periodic displacement of the ground measured in inches.