ARTICLE I, General Provisions

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ARTICLE I, General Provisions

250-1. Purpose.

The purpose of this chapter is to classify, regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence and other purposes; to establish the boundaries of districts for said purposes; and to provide for violations, so as to promote the public health, safety, morals and general welfare of the village.

§ 250-2. Definitions.

A. In interpreting this chapter, certain terms or words herein shall be defined as follows:

(1) The word "lot" includes the word "plot" or "parcel."

(2) The word "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended, arranged or designed to be used or occupied."

B. The following definitions shall be used in interpreting this chapter:

ACCESSORY USE-- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

ALLEY -- A permanent service way providing a secondary means of access to abutting property.

ALTERATIONS --As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERATIONS, STRUCTURAL-- Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

APARTMENT HOUSE-- A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.

AREA, BUILDING -- The 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.

AREA, NET SITE -- The total area within the property lines of a project, excluding external streets.

BASEMENT -- A story partly underground but having less than half of its clear height below finished grade.

BOARDINGHOUSE -- Any dwelling in which more than three (3) persons, individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a "boardinghouse."

BUILDING -- Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.

BUILDING, ACCESSORY -- A subordinate building or portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

BUILDING, FRONT LINE OF -- The 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, HEIGHT OF -- The vertical distance measured from the average elevations of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING, PRINCIPAL -- A building in which is conducted the main or principal use of the lot on which said building is situated.

CAMP -- Any one (1) or more of the following, other than a hospital, place of detention or school offering general instruction:

(1) TYPE 1: Any area of land or water on which are located two (2) or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more-or-less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise.

(2) TYPE 2: Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes and any of the foregoing establishments whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.

CELLAR -- A story partly underground and having more than one-half (1/2) of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered a story for purposes of height measurement in determining the permissible number of stories.

COURT -- An open unoccupied space bounded on two (2) or more sides by the exterior walls and lot lines.

COURT, INNER -- A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.

COURT, OUTER -- A court enclosed on not more than three (3) sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one (1) side or end open to a street, driveway, alley or yard.

COVERAGE -- That percentage of the plot or lot area covered by the building area.

CURB LEVEL -- The officially established grade of the curb in front of the midpoint of the lot.

DUMP -- A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING -- A building designed or used exclusively as the living quarters for one (1) or more families.

DWELLING, MULTIPLE -- A building used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.

DWELLING, ONE-FAMILY -- A detached building designed for or occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY -- A building designed for or occupied exclusively by two (2) families living independently of each other.

DWELLING UNIT -- A dwelling or portion thereof providing complete living facilities for one (1) family.

FAMILY -- One (1) or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

FARM -- Any parcel of land containing at least ten (10) acres which is used for gain in the raising of agricultural products, livestock poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

GARAGE, PRIVATE -- A garage used for storage purposes only and having a capacity of not more than three (3) automobiles or not more than one (1) automobile per family housed in the building to which such a garage is accessory, whichever is greater. Space therein may be used for not more than one (1) commercial vehicle, and space may be rented for not more than two (2) vehicles of others than occupants of the building to which such garage is accessory.

GARAGE, PUBLIC -- Any garage other than a private garage, available to the public and operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GASOLINE STATION or FILLING STATION -- Any 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 facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting and repair of bodyworks thereof by any means.

GRADE, ESTABLISHED -- The elevation of the center line of the streets as officially established by the village authorities.

GRADE, FINISHED -- The completed surfaces of lawns, walls and roads brought to grades as shown on official plans or designs relating thereto.

HOME OCCUPATION -- Any occupation or profession carried on wholly within a dwelling unit or accessory structure by member(s) of the family who own the dwelling unit.

HOSPITAL -- Unless otherwise specified, includes sanitarium, sanatorium, preventorium, 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. For the purposes of this chapter, where two (2) or more adjoining buildings are used for any or all of the purposes enumerated in this definition, regardless of whether the premises are separately owned and/or operated, the premises so used shall be deemed to be one (1) parcel or lot.

HOTEL -- A 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.

HOTEL, RESIDENTIAL -- See "residential hotel."

JUNKYARD -- A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. The maintenance of two (2) or more of the same inoperative or dismantled vehicles for more than thirty (30) days shall be deemed a "junkyard" for purposes of this chapter, at other than a garage or automobile sales establishment.

LINE, STREET -- The dividing line between the street and the lot.

LOT -- A portion or parcel of land considered as a unit devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

LOT, CORNER -- A parcel of land at the junction of and fronting on two (2) or more intersecting streets.

LOT, DEPTH OF -- The mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT, INTERIOR -- A lot other than a corner lot.

LOT LINE -- Any line dividing one lot from another.

LOT, THROUGH -- An interior lot having frontage on two (2) parallel or approximately parallel streets.

LOT, WIDTH OF -- The mean width measured at right angles to its depth.

MOBILE HOME or HOUSE TRAILER -- Any portable or mobile vehicle used or designed for use as a dwelling unit, used for dwelling purposes, with a chassis, with or without wheels, and housing the following systems: plumbing, heating and electrical, and with cooking and refrigeration facilities.

MOBILE HOME PARK -- A two-or-more-acre parcel developed and utilized for the occupancy of three (3) or more mobile homes.

MOTOR VEHICLE REPAIR SHOP -- A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.

NONCONFORMING BUILDING OR USE -- A building, use or activity which was lawful prior to the adoption of this chapter or any amendment thereto but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or enactment.

OPEN SPACE -- An unoccupied space open to the sky on the same lot with the building.

PARKING SPACE -- The area required for parking one (1) automobile, which in this chapter is held to be an area nine (9) feet wide and twenty (20) feet long, not including passageways.

PLAT -- A map, plan or layout of a city, town, section or subdivision indicating the location and boundaries of individual properties.

RESIDENTIAL HOTEL -- A dwelling occupied by permanent guests only and not transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.

SIGN -- Any structure or part thereof attached thereto or painted thereon which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

SIGN, ADVERTISING OR BILLBOARD -- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.

SIGN, BUSINESS -- A sign which directs attention to a business or profession conducted on the premises. A "for sale" sign or a "to let" sign relating to the property on which it is displayed shall be deemed a "business sign."

STABLE, PUBLIC -- An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

STORY -- That 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, HALF -- A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

STREET -- A public or private thoroughfare which affords the principal means of access to abutting property.

STRUCTURE -- A combination of materials other than a building to form a construction that is safe and stable, and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.

TOURIST HOME -- A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TRAVEL TRAILER -- Any portable or mobile vehicle used or designed for use as a temporary dwelling, used for dwelling purposes, with a chassis, with or without wheels, and not having any of the following systems: plumbing, heating, electrical or cooking and refrigeration facilities.

USE, ACCESSORY -- See "accessory use."

WAY -- A street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

YARD, FRONT -- An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the "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 as part of the main building and shall not project into a required "front yard."

YARD, REAR -- An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the "rear yard" shall be measured between the rear line of the lot, or the center line of the alley if there is an alley, and the rear line of the building.

YARD, SIDE -- An open unoccupied space on the same lot with a main building, situated between the side line of the 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 the "side yard" shall be the front line of the lot, and if no rear yard is required, the rear boundary of the "side yard" shall be the rear line of the lot.

§ 250-2.1. Home occupations. Home occupations are permitted only in residential districts or districts in which residences are allowed and as nonconforming uses and shall conform to the following conditions:

A. All applications for a home occupation require a special use permit from the Zoning Board of Appeals.

B. Any home occupations that are allowed by the Zoning Board of Appeals shall apply strictly to the particular dwelling unit and the applicant. The permission shall cease upon the termination of the use of the dwelling for the particular home occupation that was approved.

C. not more than one (1) person outside the family shall be employed in the home occupation.

D. Exterior signs will be allowed in conformity with § 250-22 for the particular district in which the premises is located.

E. There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building or use.

F. No offensive smoke, noise, vibration, dust, odors, heat or glare shall be produced.

G. No home occupation will be allowed if the same adversely affects the character or safety of the neighborhood, parking and traffic as determined by the Zoning Board of Appeals.