§ 46-5. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abutting means having a common border or property line.
Accessory building and accessory structure mean a subordinate building or structure detached from, but located on the same lot as, the principal structure, the use of which is customary, clearly incidental, and accessory to that of the principal structure.
Accessory use and accessory mean a use which is clearly incidental to, customarily found in connection with, and generally located on the same lot as the principal use to which it is related.
Adult bookstore means an establishment having, as a substantial or significant portion of its stock in trade, books, magazines, and other 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 material.
Adult mini-motion-picture theater means an enclosed building with a capacity for less than 50 persons used for presenting material 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 motion-picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material 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 video store means an establishment having, as a substantial or significant portion of its stock in trade, pictures, films or videotapes which are characterized or distinguished by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as further defined in this section.
Alley means any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation and not more than 20 feet wide.
Alteration means any change, addition or modification in construction in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to as "altered" or "reconstructed." Also see Structural alteration.
Animals, private ownership of, means the keeping of no more than three household pets, typically a member of the canine or feline species, which are in the ownership of the principal resident.
Antenna means a wire or set of wires used in transmitting and receiving electromagnetic waves and including the supporting structure, including but not limited to amateur radio antennas, television antennas, satellite receiving dishes, cellular phones, and similar uses.
Apartment means a room or suite of rooms used as a dwelling for one family which does its own cooking and contains sanitary facilities therein.
Apartment house means a building containing three or more dwelling units whose entrances are from a common hallway or area or series of hallways or areas.
Architectural features, of a building, includes cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
Automobile repair means general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting; and vehicle rustproofing.
Automobile wash. see Carwash.
Automobile wrecking yard means the dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. Also see Junkyard.
Basement and cellar mean that portion of a building partly below grade but so located that the average vertical distance from the grade to the floor is greater than the average vertical distance from the grade to the ceiling; provided, however, that if the average vertical distance from the grade to the ceiling is five feet or more, such areas shall be considered as a story.
Bedroom means a room in a dwelling unit planned and intended for sleeping, separable from other rooms by a door.
Berm means an earthen mound graded, shaped and improved with landscaping, in such a fashion as to be utilized for screening purposes.
Block means the property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream, or between any of the foregoing and any other barrier to the continuity of development or boundary lines of the village.
Boardinghouse means a residential structure in which nonfamily members are sheltered and fed for a fee.
Buildable area, of a site or lot, means the space remaining after the minimum yard and space requirements of this chapter have been deducted.
Building means a structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels in a building. This includes tents, awnings or vehicles situated on private property and used for purposes of a building. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.
Building height means the vertical distance from the average elevation of the street curb paralleling the front or, if on a street corner the front and side of the building, to the highest point of the roof surface if the roof is flat; to the deck line if the roof is of the mansard type; or to the average height between the eaves and the ridge if the roof is gable, hip or gambrel type. For buildings set back from the street line, this vertical distance shall be taken above the average elevation of the ground along the front of this building, provided its distance from the street line is more than the average height of such ground above the established curb elevation. Total height is measured from the ground to the highest point of the structure.
Building inspector means the building inspector (building official) of the village or his authorized representative.
Building line means a line formed by the face of the building. For the purposes of this chapter, a minimum building line is the same as a front setback line.
Building, main or principal, means a building in which is conducted the principal use of the lot on which it is situated.
Building, multiple-family, means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking in the building. This definition includes three-family buildings, four-family buildings, and apartment buildings, but does not include trailer camps or mobile home parks.
Building permit means the written authority issued by the building official permitting the construction, removal, moving, alteration or use of a building in conformity with the provisions of this chapter.
Building, single-family, means a detached building designed or occupied exclusively by one family.
Building, temporary, means a structure without permanent foundation erected or devoted to the development of, or in connection with, the principal site used for a limited period of time.
Building, two-family, means a detached building designed for or occupied exclusively by two families living independently of each other, such as a duplex dwelling unit.
Carwash means an area of land and/or structure with machine- or hand-operated facilities used principally for the cleaning and washing of motor vehicles.
Carwash, automatic, means a building that provides facilities for washing and cleaning motor vehicles; which uses production line methods with a conveyor, blower or other mechanical devices; and which may employ some hand labor for drying, polishing or waxing.
Carport means a partially open structure for sheltering vehicles erected in conformity with the site requirements for garages.
Carryout restaurant. see Restaurant, fast food.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such cemetery.
Church and place of religious worship mean an institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. The term "church" shall not include or mean an undertaker's chapel or funeral building.
Clinic means a place for the care, diagnosis and treatment of sick or injured persons and those in need of medical or minor surgical attention. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for inpatient care or major surgery.
Club, lodge and fraternity mean an organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit.
Cluster development means a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
Commercial use means an occupation, employment or enterprise dealing with the public that is carried on for profit by the owner, lessee or licensee.
Community center means a place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
Composting means a yard waste management alternative to burning and/or landfilling, in which compostable yard waste is collected, processed and recovered as a resource rather than disposed of. Composting involves the biological decomposition of organic matter under controlled conditions characterized by piles that generate heat under aerobic conditions. Sheet composting shall not be considered a permitted use.
Condominium means an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space. A condominium may include, in addition, a separate interest in other portions of such real property. A site condominium is the same as a condominium subdivision plan.
Condominium act means Public Act No. 59 of 1978 (MCL 559.101 et seq.).
Condominium subdivision plan means the site plan illustrating the existing site features and all proposed improvements pursuant to the requirements of site plan review. A means of subdividing land and sharing ownership through the condominium act.
Convalescent home and nursing home mean a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two or more persons are cared for. The home shall conform and qualify for a license under state law, even though state law has different size regulations.
Court means an open space on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or group of buildings. A court shall be unoccupied, except as otherwise provided in this chapter.
Deck means a wooden platform which is above the mean yard grade.
Density means the number of families residing on or dwelling units developed on an acre of land.
District and zoning district mean a portion of the village within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.
Drive-in establishment means a business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle (i.e., restaurants, cleaners, banks, theaters, etc.).
Driveway means a private access from a public or private road to a building on an abutting parcel.
Dwelling unit means any house or building or portion thereof, having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, automobile chassis, tent or portable building be considered a dwelling unit.
Easement means the right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.
Erected includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.
Essential services means the erection, construction, alteration, maintenance, addition, reconstruction or replacement by public utilities or village departments or commissions of underground, surface or overhead distribution of gas; electricity; communications, excluding commercial radio, television and other transmitting or relay antenna towers or monopoles; steam or water transmission or distributing systems; collection, supply or disposal systems including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines; fire alarm boxes; police callboxes; traffic signals; hydrants; and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service to this village and the immediate surrounding territory. Such facilities both above and below ground, including storage fields and high pressure mains designated to serve users outside of the village and the immediate surrounding territory, shall not be considered essential services under this definition. See Public utility.
Excavation means any breaking of ground, except common household gardening and ground care.
Family means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Notwithstanding the definition of the preceding sentence, a family shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if the occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first sentence of this definition.
Fast food restaurant. See Restaurant, drive-in and Restaurant, fast food.
Fence means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Filling means the depositing or dumping of any matter onto or into the ground, except common household gardening.
Flea market means an occasional or periodic sales activity within a building or open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete or antique, and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.
Floor area, gross, for the purpose of computing parking, means the sum of the gross horizontal areas of the several floors of the building measured from the exterior walls or from the centerline of walls separating two buildings. Floor area shall include elevator shafts and stairwells at each floor or story; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof; attic space having headroom of seven feet ten inches or more; interior balconies; and mezzanines.
Floor area, residential, for the purpose of computing the minimum allowable floor area in a residential dwelling unit, means the sum of the horizontal areas of each story of the building which shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
Footcandle means the unit of illumination when the foot is taken as the unit of length. It is the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the illumination produced on a surface, all points of which are at a distance of one foot from a directionally uniform point source of one candela.
Front setback line means the minimum required setback from the street right-of-way to the principal structure.
Frontage means the side of a lot abutting on a street or way.
Funeral home means a building or part thereof used for human funeral services. Such building may contain space and facilities for: (i) embalming and the performance of other services used in preparation of the dead for burial; (ii) the performance of autopsies and other surgical procedures; (iii) the storage of caskets, funeral urns and other related funeral supplies; and (iv) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
Garage, automobile repair. See Automobile repair.
Garage, private, means an accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to which it is accessory, with no facilities for mechanical service or repair of a commercial or public nature.
Garbage means all wastes; animal, fish, fowl or vegetable matter; or household waste.
Gasoline service station means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair as defined in this section for automobile repair stations.
Grade means the elevation of the surface of the ground. The established grade of the street or sidewalk shall be the elevation of the curb, or the centerline of the road if there is no curb, at the midpoint of the front of the lot.
Grade, building, means the average of the finished grade at each side of the building.
Greenbelt means a strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.
Gross floor area means the total area of a building measured with reference to the outside walls thereof and including all levels or stories.
Group day care means a private residence where care, protection and supervision are provided, for a fee, to at least seven and no more than 12 children, including children of the adult provider.
Hazardous substance includes:
(1)
Hazardous chemicals as defined by the state department of environmental quality and the state department of consumer and industry services;
(2)
Hazardous materials as defined by the U.S. Department of Transportation;
(3)
Critical materials and polluting materials as defined by the state department of environmental quality; and
(4)
Hazardous waste as defined by the state department of environmental quality.
Height. See Building height.
Home occupation means an activity carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes, and is such that it does not generate additional vehicular traffic to or from the dwelling unit.
House, boarding. See Boardinghouse.
House, rooming. See Roominghouse.
House trailer. See Mobile home.
Indirect illumination means illumination from a concealed light source.
Internal illumination means illumination from a light source concealed or contained within the sign and which is transmitted through a translucent surface.
Junk means any motor vehicles, machinery, appliances, products, merchandise with parts missing or scrap metals or other scrap materials that are damaged, are deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.
Junkyard means an open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.
Loading space means an offstreet space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
Lot means a parcel of land occupied or intended to be occupied by a main building or a group of such buildings and accessory buildings or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under this chapter. A lot may or may not be specifically designated as such on public records. Each such parcel shall also have its front lot line abutting a public street or approved private road.
Lot area means the total horizontal area within the lot lines of a lot.
Lot, condominium, means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed. A condominium lot shall be of sufficient size and area of the zoning district within which it is located to accommodate a structure observing all required yard setbacks.
Lot, corner, means a lot where the interior angle of two adjacent sides at the intersection of both streets is less than 135 degrees. A lot abutting upon a curbed street shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
Lot coverage means the percent of the lot occupied by buildings or structures, including accessory buildings or structures, except swimming pools.
Lot depth means the mean horizontal distance measured from the front street right-of-way line or private street centerline to the rear lot line.
Lot, double-frontage means any interior lot having frontage on two more-or-less parallel streets as distinguished from a corner lot. For a row of double-frontage lots, all yards of such lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.
Lot, front, rear and depth.
(1)
The front of a lot is that boundary line which borders on a street other than an alley. For a corner lot, the side which has the narrowest dimension bordering on a street shall be deemed to be the front of such lot. For a double-frontage lot, both lot lines abutting on streets shall be treated as front lot lines.
(2)
The rear of a lot is the side opposite to the front. For a triangular or irregular lot, the rear is the boundary line not bordering on a street.
(3)
The depth of a lot is the dimension measured from the front of the lot to the mean depth.
Lot, interior, means any lot other than a corner lot.
Lot lines means the lines bounding a lot as follows:
(1)
Front lot line means, for an interior lot, that line separating the lot from the street; for a through lot, the line separating the lot from both streets.
(2)
Rear lot line means that lot line opposite the front lot line. If a lot is pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.
(3)
Side lot line means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.
Lot Lines Block Boundary
Lot Lines 2
Lot of record means a parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds or a system of registration used by village or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
Lot, substandard, means a lot or parcel of land that has less than the required minimum area, depth or width as established by the zone in which it is located, and provided that such lot or parcel was of record as a legally created lot on the effective date of the ordinance from which this chapter is derived.
Lot width means the horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.
Major thoroughfare means an arterial street which is intended to serve as a large volume trafficway for both the immediate village area and the region beyond and which is designated as a "major thoroughfare," "freeway," or equivalent term in the village master plan.
Master deed means the condominium document recording the condominium project as approved by the village, to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium plan for the site.
Master plan means the village's master land use plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the village, and includes any unit or part of such plan and any amendment to such plan or parts thereof. Such plan shall be adopted by the planning commission.
Mean grade means the arithmetic average of elevations of points on the boundary lines of a site (parcel of land) uniformly spaced and not more than 100 feet apart.
Medical marijuana dispensary, compassion center, or other similar operation for the consumption of medicinal marijuana means any facility or location where medical marijuana is grown or possessed, or where a means is provided for the purpose of distributing or facilitating the distribution to a nonqualified patient, an entity, or registered primary caregiver who does not reside at the location where the medical marijuana is grown, cultivated, or possessed, or any facility or location where medical marijuana is grown, processed, possessed, or where a means is provided for the purpose of distributing or facilitating the distribution of medicinal marijuana to more than five qualified patients.
Mobile home means a vehicular, portable structure built on a chassis and designed to be used without a permanent foundation as a dwelling when connected to required utilities and which is, or is intended to be, attached to the ground, to another structure, or to a utility system on the same premises for more than 30 consecutive days. Mobile home does not include a recreational vehicle.
Mobile home park means a parcel or tract of land under the control of a person upon which two or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park and licensed pursuant to the provisions of Public Act No. 96 of 1987 (MCL 125.2301 et seq.).
Motel means a series of attached, semidetached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation.
Nonconforming building means a building or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived or amendments to this chapter and that does not conform to the provisions of this chapter in the district in which it is located.
Nonconforming use means a use that lawfully existed before the enactment of the ordinance from which this chapter is derived and that is maintained at the effective date of the ordinance, even though it does not comply with the restrictions applicable to the district in which it is situated wrongfully.
Nuisance is held to embrace any public nuisance as known at common law or in equity jurisprudence. Whatever is dangerous to human life or detrimental to health; any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the dwelling or building or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome are also severally, in contemplation of this chapter, nuisances. All such nuisances are hereby declared illegal.
Nursery school, day school and child center mean an establishment wherein seven or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are for remuneration cared for. Such schools or centers need not have a resident family on the premises.
Nursing home means a home, whether operated for profit or not, for the care of the aged, infirm, or those suffering from bodily disorders, wherein seven or more persons are housed or lodged and furnished with nursing care. Also see Convalescent home and Nursing home.
Occupancy load means the number of persons that a building can hold, as determined by the fire marshal or as determined by the village building code.
Occupied includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.
Offstreet parking lot means a facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two automobiles.
Open air business uses. Open air business uses not conducted from a wholly enclosed building, if operated for profit, may include, by way of example, the following:
(1)
Mobile homes, motor vehicles, farm implements, boats, or home equipment sale or rental services.
(2)
Swimming pools.
(3)
Sales of fruits, vegetables, trees, shrubbery, plants, and other home garden supplies and equipment.
(4)
Miniature golf, golf driving range, children's amusement park or similar recreation uses.
Open front store means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patrons to enter the structure.
Open space means land used for recreation, resource protection, amenity and/or buffers. In no event shall any area of a lot constituting the minimum lot area nor any part of an existing or future road or right-of-way be counted as constituting open space.
Open space, common, means open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.
Outdoor storage means the keeping, in an unroofed area, of any goods, junk material, merchandise or vehicles in the same place for more than 24 hours.
Parcel means a continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person.
Park means any public or private improved land available for recreational, educational, cultural or aesthetic use, or scenic purposes.
Parking space means an area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and full accessibility for the parking of permitted vehicles. Tandem parking stalls in single-family detached, single-family attached, and townhome residential uses shall be considered to be fully accessible for the purpose of this definition.
Performance guarantee and maintenance guarantee mean any financial guarantee accepted by the village in the form of cash, letter of credit or performance bond, provided that the village shall not require that a financial guarantee be more than ten percent of the total performance costs to ensure that all improvements, facilities or work required by this chapter will be completed in compliance with this chapter, regulations, and the approved plans and specifications of a development.
Person means any natural person, firm, partnership, association, corporation, or limited liability company; however, this definition does not include any governmental unit.
Porch, enclosed, means a covered entrance to a building or structure which is totally enclosed and projects out from the exterior wall of the building or structure and which has a separate roof or an integral roof with the principal building or structure to which it is attached.
Porch, open, means a covered entrance to a building or structure which is unenclosed, except for columns supporting the porch roof, and which projects out from the exterior wall of the building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
Principal building means a building which contains the primary use of the lot.
Principal use means the main use of land or structures, as distinguished from a secondary or accessory use.
Private street and private road mean a street or road which is not under public ownership or control, serving two or more lots.
Public road means all public property reserved or dedicated for street traffic.
Public utility means any person, firm, corporation, governmental unit or other entity duly authorized to furnish to the public electricity, gas, sanitary sewers, water, communications, transportation or other services or commodities pursuant to federal, state or village regulations, excluding commercial radio, television and other transmitting or relay antenna towers or monopoles.
Recreation vehicle means the following:
(1)
A travel trailer, which is a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and permanently identified as a travel trailer by the manufacturer.
(2)
A pickup camper, which is a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(3)
A motorized home, which is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(4)
A folding tent trailer, which is a metal, plastic or canvas folding structure, mounted on wheels and designed for travel and vacation use.
(5)
Boats and boat trailers, which shall include boats, jet skis, floats and rafts, plus the normal equipment to transport them on the highway.
(6)
Snowmobiles and all terrain vehicles, plus the normal equipment to transport them on the highway.
Recycling center means a facility that is not a junkyard and in which recoverable resources, such as newspapers, plastics, glassware and metal cans, are collected, stored, flattened, crushed or bundled within a completely enclosed building.
Restaurant means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
Restaurant, drive-in, means an establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
Restaurant, fast food, means any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carryout, and where either:
(1)
Foods, frozen desserts or beverages are usually served in paper, plastic or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or
(2)
The establishment includes a drive-up or drive-through service facility or offers window or curb service.
Right-of-way means the right-of-way line, which shall be the line established by the village, the county road commission, or the state department of transportation in its right-of-way requirements.
Roominghouse means a residential structure in which nonfamily members are sheltered for a fee.
Rubbish means waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices.
Screening means the method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features. Screening may include one or a combination of the following materials of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition: walls, berms or plantings.
Self-service storage facility means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.
Separate ownership means ownership of a parcel of property wherein the owner does not own adjoining property.
Setback means the minimum horizontal distance between any face of the building, excluding only steps, porches, chimneys and decks, and the adjoining property lines.
Sign means the use of any word, numeral, figure, object, device, letter, symbol, insignia, illustration, design, trademark, or combination of these, by which anything is made known to the general public, or which is commonly understood to be used to attract the attention of the general public, irrespective of where it is visible from off the site or lot. Customary displays of merchandise or objects and material within a building without lettering shall not be considered as a sign, nor shall the customary noncommunicative architecture of a building be considered as a sign.
Definitions pertaining to signs shall be as follows:
(1)
Area of sign means the area within a continuous perimeter enclosing or making up a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. This excludes necessary supports or uprights on which such sign is placed. Where a sign consists solely of lettering or other sign elements mounted on a wall of a building without any distinguishing border, panel or background, only the area of a tightly drawn imaginary rectangle enclosing each such letter or other sign elements shall be treated as a single sign for the purposes of area computation. For double-faced signs, only one display face shall be measured or counted in computing sign area or items of information where the sign faces are parallel or where the interior angle formed by the faces is 60 degrees or less. If the two faces of a double-faced sign are of unequal area, the area of the signs shall be taken as the area of the larger face.
(2)
Bulletin board or announcement sign means a business sign of the following types:
a.
Announcing existing religious services or activities.
b.
A directory of offices or activities for a building or group of buildings.
c.
Announcing employment opportunities.
(3)
Business sign means an accessory sign which relates to the business, activity or service conducted on the site upon which the sign is located.
(4)
Directional sign means an accessory sign directing vehicular traffic to parking or loading areas and pedestrians to specified locations.
(5)
Festoon sign means an accessory sign where incandescent lightbulbs, banners, flags, streamers, spinners or pennants, or other such features are hung or strung overhead and are not an integral physical part of the building or structure.
(6)
Flashing, animated or moving sign means a sign which:
a.
Intermittently reflects lights from either an artificial source or the sun;
b.
Has movement of any illumination such as intermittent, flashing, scintillating or varying intensity; or
c.
Has any visible portion in motion, either constantly or intermittently.
(7)
Freestanding sign means a sign located in or upon the ground or to something requiring location on the ground which is not attached to any principal or accessory structure.
(8)
Garage sale sign means a sign relating to a garage sale, rummage sale, craft sale or show, and similar activities.
(9)
Ground sign and monument sign mean a freestanding sign with less than four feet of clearance between the bottom of the face of the sign and the finished grade.
(10)
Identification sign and nameplate mean a wall sign stating the name of a person or the name or description of a certain permitted use.
(11)
Inflatable sign means a sign that is inflated by a gaseous substance before use.
(12)
Marquee sign means a display sign attached to or hung from a marquee canopy or other covered structure projecting from and supported by the building and extending beyond the building wall or building line.
(13)
Maximum size of sign means the total area of a sign included within the rectangle, triangle, circle, or other geometric shape caused by encompassing the outermost portions of the sign or the outermost edges of a sign formed of letters or symbols only.
(14)
Mechanical movement means any animation, revolution, vertical or horizontal movement.
(15)
Memorial sign means a sign containing the name of the building and date of construction cut into its masonry surface or on a bronze or other noncombustible plate permanently fixed or attached to the building. Also includes historical signs.
(16)
Nonaccessory sign means a sign which is not accessory to the principal use of the site.
(17)
Outdoor advertising sign and offsite sign mean a nonaccessory sign exceeding 50 square feet, relating to a business, activity or service not conducted at the site, upon which such sign is constructed, erected or located.
(18)
Political sign means a temporary sign relating to the election of a person to public office, a political party, or a matter to be voted upon at an election called by a public body.
(19)
Portable sign means a sign not permanently anchored or secured to either a building or the ground, such as but not limited to trailers, A-frame, T-shaped, inverted T-shaped, or message or sandwich board signs.
(20)
Projecting sign means a sign affixed to a building or part thereof, which extends beyond the building wall or parts thereof by more than 12 inches.
(21)
Pylon sign means a freestanding sign with not less than ten feet of clearance between the bottom of the face of the sign and the finished grade.
(22)
Real estate development sign means a business sign placed on the site of a subdivision or other real estate development to indicate a proposed start of construction or to inform relative to availability.
(23)
Real estate development sign, nonaccessory, means a sign placed on a site to indicate the proposed start of construction or to inform relative to the availability of another site.
(24)
Real estate sign means a business sign placed upon a site advertising that particular site is for sale, rent or lease.
(25)
Real estate sign, nonaccessory means a sign placed upon a site advertising that another site is for sale, rent or lease.
(26)
Roof sign means a sign constructed, erected or maintained upon the roof or parapet of a building.
(27)
Signable area means a continuous wall area on the front facade of a building which is free of windows, doors or major architectural detail, including the area of any mansard roof which is within 20 degrees of a vertical plane if signs mounted on such roof are vertical.
(28)
Temporary sign means a business sign, with or without letters and numerals, and made or constructed of lightweight cardboard, cloth, plastic, paper or other such materials, which are not permanently fastened to any structure, including posts with permanent footings.
(29)
Vehicle business sign means any sign which is painted, affixed or attached to a motor vehicle, whether licensed or not, parked or placed upon a site primarily for advertising purposes, except signs on licensed commercial vehicles in daily offsite use are not included in this definition.
(30)
Wall sign means a sign attached to and placed flat against the exterior wall or surface of a building.
(31)
Window sign means a temporary sign attached to or painted on a window by which anything is made known to the general public and which is visible and discernible off the site or from a public right-of-way.
Site means a parcel of land.
Soil removal means removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials, or combination thereof.
Special land use means a use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, smoke or noise), is permitted in a district, subject to approval by the village and subject to special requirements, different from those usual requirements for the district in which the special land use may be located.
Specified anatomical areas means:
(1)
Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
(2)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Story means that portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it. A mezzanine shall be deemed a full story when it covers more than 50 percent of the area of the story underneath the mezzanine or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
Story, half, means an uppermost story lying under a sloping roof, having an area of at least 200 square feet, with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least five feet of clear height between floor and ceiling.
Street means a public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.
Structural alteration means any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, stairways, or any change in the width or number of exits, or any substantial change in the roof.
Structure means anything constructed or erected on the ground or attached to the ground, including but without limitation to buildings, factories, sheds.
Swimming pool means any structure or container intended for swimming, located either above or below grade, designed to hold water to a depth of 24 inches or greater.
Temporary use and temporary building mean a use or building permitted by the building inspector or clerk to exist during periods of construction of the main building or use or for special events or purpose. Tents or similar enclosures used in residential zoning districts for shortterm events, not exceeding three days, shall not be defined as a temporary use or building.
Tent means a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and shall not include those types of tents used solely for children's recreational purposes.
Use means the purpose for which land or a building is designed, arranged or intended to be used, or for which land or a building is or may be occupied.
Utility room means a room used primarily for storage, for housing a heating unit, or for laundry purposes.
Variance means a relaxation by the zoning board of appeals of the dimensional regulations of this chapter where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this chapter would result in practical difficulty or unnecessary and undue hardship.
Vertical projection means any architectural feature which projects into the yard space from the ground up through the first story.
Veterinarian clinic means a place for the care, diagnosis and treatment of sick or injured animals and those in need of medical or surgical attention. A veterinarian clinic may include customary pens or cages which are permitted only within the walls of the clinic structure.
Wall, obscuring, means an obscuring structure of definite height and location constructed of wood, masonry, concrete or similar material.
Woodland and woodlot mean a tract of land dominated by trees, but usually also containing woody shrubs and other vegetation.
Yard means an open space, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter, and being on the same lot with a building. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure. A required yard is that portion of any lot on which the erection of a main building is prohibited.
(1)
Front yard means a yard on the same lot with a building between the front line of the building and the front lot line and extending from one side lot line to the other side lot line.
(2)
Rear yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. For a corner lot, the rear yard may be opposite either street frontage.
(3)
Side yard means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.
Yards
Zone. See District and zoning district.
(Ord. No. 482, § 20.01, 7-17-2000; Ord. No. 513, 8-15-2011)
Cross reference
Definitions generally, § 1-2.