Chapter 17.12
RULES AND DEFINITIONS
Sections:
17.12.010 Rules.
In the construction of this title the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply.
A. 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.
B. The word “shall” is mandatory and not discretionary.
C. The word “may” is permissive.
D. The word “lot” shall include the words “piece,” “parcel,” and “plot”; the word “building” includes all other structures of every kind regardless of similarity to buildings, and the phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”
E. All “measured distances” shall be to the nearest foot. If a fraction is one-half foot or more, the full number next above shall be taken.
F. Words contained in this title and not defined hereinafter shall assume definitions as prescribed in Webster’s Unabridged Dictionary (1979 Edition). (1980 Zoning Code § 12)
17.12.020 Definitions.
As used in this title the following terms shall have the following meaning:
1. “Accessory building or use” is a building or use which is:
a. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this title;
b. Clearly incidental to, subordinate in purpose to, and serves the principal use; and
c. Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.
2. “Advertising device” is any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
3. “Agriculture” is the use of land for agricultural purposes, including farming, pasturage, agriculture, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
4. “Airport” is any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.
5. “Alley” is a public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.
6. “Amendment” is any addition to, deletion from, or change in this title, including text and/or map. See RMC 17.03.100 for amendment requirements and procedures.
7. “Animal hospital” is any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
8. “Appeal” is a contention that the zoning administrator or other authorized official has misinterpreted or incorrectly applied a provision of this title.
9. “Attic” is the space between the ceiling beams of a top habitable story and the roof rafters.
10. “Automobile repair” is the general repair, engine rebuilding or reconditioning of motor vehicles, collision service such as body, frame and fender straightening and repair, and painting of motor vehicles.
11. “Automobile service station” is any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories, minor automobile repairs, and greasing or washing of individual automobiles.
12. “Awning” is a roof-like cover, temporary in nature, which projects from the wall of a building and which may overhang a public way.
13. “Basement” is that portion of a building below the first or ground floor level, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
14. “Block” is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal boundary lines, township lines or county lines.
15. “Buildable area” is the area of the lot remaining after the minimum open space and/or yard requirements of this title have been complied with.
16. “Building” is any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.
17. “Building, detached” is a building surrounded by open space on the same lot.
18. “Building height” is the vertical distance from the curb level to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
19. “Building, temporary” is any building not designed to be permanently located, placed, or affixed to the place where it is intended to be placed.
20. “Bulk” is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes:
a. Height and area of buildings.
b. Location of exterior walls in relation to lot lines, streets, or other buildings.
c. Gross floor area of buildings in relation to lot areas (floor area ratio).
d. All open spaces allocated to buildings.
e. Amount of lot area required for each dwelling unit.
21. “Business” is an occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
22. “Canopy” is a roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.
23. “Carport” is an open-sided (on at least two sides), roofed automobile shelter, usually formed by extension of the roof from the side of a building.
24. “Car wash” is a building, or portion thereof, containing facilities for washing more than one automobile at any one time, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.
25. “Ceiling” is the overhead inside lining of a room.
26. “Cellar” is the portion of a building having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
27. “Certificate, occupancy” refers to the written approval of the zoning administrator certifying that the building or structure, as constructed, conforms to the applicant’s approved plans and drawings as authorized through the zoning certificate.
28. “Certificate, zoning” refers to the written approval of the zoning administrator certifying that the applicant’s plans and drawings comply with all applicable provisions of this title. The “zoning certificate” may consist of a standardized independent form bearing the signature of the zoning administrator or it may be represented as a part of the building permit application.
29. “Changeable copy sign” means a sign wherein provision is made for the manual or electronic change of letters or characters in the field in or upon the surface of the sign.
30. “Chartered financial institution” is any trust company, savings bank, industrial bank, savings and loan association, building and loan association, commercial bank, credit union, federal association, investments company or other business association, which is chartered under federal or state law, solicits, receives, or accepts money or its equivalent on deposit and loans money as a regular basis.
31. “Clinic, medical or dental” is an organization of specializing physicians or dentists or both, who have their offices in a common building. A clinic shall not include inpatient care.
32. “Club or lodge, private (nonprofit)” is a nonprofit association of persons who are bona fide members paying dues, which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such “private club or lodge” are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food, meals and beverages on such premises.
33. Conditional Use. See “Use, conditional.”
34. “Consumer installment lender” is any business engaged in making loans of money in a principal amount not exceeding forty thousand dollars, and charges, contracts for, or receives on any such loan a greater rate of interest, discount, or consideration therefor than the lender would be permitted by law to charge without a license under the Consumer Installment Loan Act, as amended (205 ILCS 670/1 et seq.).
35. “Convalescent, nursing or rest home” is a private home for the care of the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.
36. “Curb level” is the level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the “curb level.”)
37. “Currency exchange” is any business, except chartered financial institutions, engaged in the business or service of, and providing facilities for, cashing checks, drafts, money orders or any other evidences of money acceptable to such community currency exchange, for a fee or service charge or other consideration, or engaged in the business of selling or issuing money orders under his or their or its name, or any other money orders (other than United Stated Post Office money orders, Postal Telegraph Company money orders, or Western Union Telegraph Company money orders), or engaged in both such businesses, or engaged in performing any one or more of the foregoing services. Currency exchanges shall not be considered a nonchartered financial institution.
38. “Day,” as used in this title, shall mean one calendar day. If a projected day falls on a weekend or holiday, the next following working day or week day shall fulfill requirements.
39. “Day care center” is an institution or place in which are received three or more children, not of common parentage, apart from their parents or guardian, for part or all of a day but not later than nine p.m. The term “day care center” includes but is not limited to the following: nursery schools, child care centers, day nurseries, kindergartens and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.
40. “District” is a portion of the corporate area of the village, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.
41. “Drive-in and/or take-out establishment” is a place of business being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of food or beverage in automobiles on the premises or elsewhere on the premises but outside any completely enclosed structures. If, in addition to the consumption of any food or beverages in automobiles or elsewhere on the premises outside any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a drive-in and/or take-out establishment. The term “drive-in and/or take-out establishment” shall include but is not limited to: automobile service stations; car washes; drive-in restaurants, diners, grills, luncheonettes, sandwich stands, snack shops, soda fountains or short-order cafes; drive-in banks and drive-in theaters.
42. “Dwelling” is a building, or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, multiple-family dwellings and apartment hotels, but not including hotels or motels.
43. “Dwelling, attached” is one which is joined to another dwelling at one or more sides by party walls.
44. “Dwelling, detached” is one which is entirely surrounded by open space on the same lot.
45. “Dwelling, multiple-family” is a building, or portion thereof, containing three or more dwelling units.
46. “Dwelling, single-family” is a building containing one dwelling unit only.
47. “Dwelling, two-family” is a building containing two dwelling units.
48. “Dwelling unit” shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, and eating.
49. “Easement” is land or an interest in land which has been designated by lawful agreement between the owner or owners of such land and another person or persons, for a specified use only by such person or persons.
50. “Efficiency unit” is a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty-five square feet in area.
51. “Establishment, business” is a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
52. “Extended medical care facilities” refers to those medical facilities designed to accommodate inpatients in need of lengthy recuperative periods requiring nursing attention and periodic medication.
53. “Family” is an individual or two or more persons related by blood, marriage, or legal adoption living together as a single housekeeping unit within a dwelling unit, including foster children, domestic servants, and not more than two guests or roomers. The word “family” shall include not more than four unrelated persons living together as a single housekeeping unit.
54. “Fence” is a structure which is a barrier and is used as a boundary or means of protection or confinement, which is made of manufactured material, such as but not limited to: wire mesh, chain link, wood or stone material.
55. “Floor area (for determining size of establishment)” is the sum of the gross horizontal area of the several floors of the building measured from the exterior face of the exterior walls or from the center line of walls separating two buildings. The “floor area” of a building shall include basement floor area, elevator shafts, and stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in “floor area.”
The “floor area” of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet, i.e. ten feet in height shall equal one floor.
56. “Floor area (for determining off-street parking and loading requirements)” shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.
However, “floor area” for the purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
57. “Frontage” is the length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
58. “Frontage, zoning lot” is the length of all the property of such zoning lot fronting on a street, measured between side lot lines.
59. “Garage, private” is a detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.
60. “Garage, public” is a building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop or the rebuilding, dismantling, or storage of wrecked or junked vehicles, unless expressly authorized.
61. “Grade” is the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
62. “Gross floor area” refers to all the floor area contained within a building or buildings, without exception.
63. “Ground floor” is that level of a building on a sloping or multilevel site which has its floor line at or not more than three feet above exit grade.
64. “Ground floor area” is the lot area covered by a building, measured from the exterior faces of exterior walls, but excluding open terraces and carports.
65. “Group home, type 1” shall mean a structure or building constructed as a single-family residence and used to provide accommodations on a relatively permanent basis for up to five unrelated persons, consisting of individuals who are undergoing treatment or rehabilitation for disabilities, and their live-in staff. Visiting staff who do not reside within the group home shall not be counted for purposes of determining the number of residents. Services provided within a type 1 group home shall be restricted to the residents of the facility. A type 1 group home does not include dormitory uses or accommodations provided for individuals who are students of a college, university, monastery or other educational/institutional use. It does not include residences that serve as an alternative to incarceration for persons convicted of criminal offenses, or residences for persons whose primary reason for placement therein is the treatment of a communicable disease.
66. “Group home, type 2” shall mean a structure or facility for more than five unrelated persons including live-in staff, and which contains common cooking facilities and common living and eating areas. A type 2 group home may include, but is not limited to, convents, residences for developmentally disabled persons, residences for individuals who are undergoing treatment or rehabilitation for disabilities, orphanages and monasteries. It does not include residences that serve as an alternative to incarceration for persons convicted of criminal offenses, or residences for persons whose primary reason for placement therein is the treatment of a communicable disease.
67. “Hedge” is a row or fence of bushes.
68. “Home occupation” is any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; no substantial amount of stock in trade is kept or commodities sold; no person is employed other than a member of the immediate family residing on the premises; and no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes. A professional person may use his residence for infrequent consultation, emergency treatment, or performance of religious rites, but not for the general practice of his profession. Home occupation does not include the sale of edible merchandise (beverages, snacks, candy, sandwiches, etc.) from the home or yard to the public.
69. “Hospital” is a medical institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and care of individuals suffering from illness, disease, injury, deformity or other abnormal physical condition.
70. “Hotel” or “motel” is an establishment which is open to transient guests, in contradistinction to a boarding, rooming or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.
71. “Incompatible use” is a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.
72. “Industrial park” is a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and service in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.
73. “Jewelry store” is a shop that sells new merchandise primarily and some used merchandise from estate sales or reconstitutes precious metals they purchase into jewelry form that are sold at retail on the premises. “Jewelry store” shall not include any business where more than five percent of all transactions are buying of precious metals – such businesses shall be a precious metal dealer.
74. “Junk (or salvage) yard” is an open area where waste or scrap materials are bought, 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 “junk or salvage yard” includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
75. “Kennel” is any premises or portion thereof on which four or more dogs, cats, or other household domestic animals over four months of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.
76. “Laboratory” is a place devoted to experimental study such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.
77. “Liquor store, package” is a business establishment where alcoholic beverages are kept and sold and where such alcoholic beverages are not generally imbibed on the premises.
78. “Lodging house (including boarding and rooming house)” is a residential building, or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms which accommodate persons who are not members of the keeper’s family. Lodging with or without meals is provided for compensation on a weekly or monthly basis.
79. “Lodging room (rooming unit)” is a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one “lodging room” for the purposes of this title.
80. “Lot” is a parcel of land which is either a “lot of record” or a “zoning lot.”
81. “Lot area, gross” is the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.
82. “Lot, corner” is a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding one hundred thirty-five degrees.
83. “Lot depth” is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
84. “Lot, interior” is a lot other than a corner or reversed corner lot.
85. “Lot line, front” shall be that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line. In the case of land-locked land, the front lot line shall be that lot line that faces the access to the lot.
86. “Lot line, rear” shall be that boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.
87. “Lot line, side” shall be any boundary of a lot which is not a front lot line or a rear lot line.
88. “Lot of record” is a lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Cook County; or a parcel of land, the deed to which was recorded in the office of said recorder of deeds prior to the adoption of this title.
89. “Lot, reversed corner” is a corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
90. “Lot, through” is a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a “through lot” both street lines shall be deemed front lot lines.
91. “Lot width” is the horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first thirty feet of lot depth immediately in back of the front yard setback line.
92. “Lot, zoning” is a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a “zoning lot or lots” may or may not coincide with a lot of record.
93. “Marquee” is a roof-like structure of a permanent nature which projects from the wall of a building.
94. “Mezzanine” is an intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.
95. “Mobile home” is a dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for occupancy. A mobile home is not permanently affixed to the ground.
96. “Mobile home park” is a parcel or tract of land developed with facilities for locating mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath.
97. Motel. See “Hotel.”
98. “Motor freight terminal” is a building or area in which freight, shipped by motor truck or railroad, is received, assembled, sorted, and/or rerouted for local, intrastate, or interstate shipment by motor truck.
99. “Motor vehicle” is any passenger vehicle, truck, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power, except that within this title, “motor vehicle” shall not include trucks, truck-trailers, or semi-trailers.
100. “Nonchartered financial institution” is any business, including accessory uses, other than a chartered financial institution, that offers title loans and loans for payment of a percentage or graduated fee. “Nonchartered financial institutions” shall include, but not be limited to, payday loan lenders, consumer installment lenders and title-secured lenders.
101. “Nonconforming building or structure” is any building or structure, lawful at the time of enactment of this title, which:
a. Does not comply with all of the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or
b. Is designed or intended for a nonconforming use.
102. “Nonconforming use” is any use of land, buildings, or structures, lawful at the time of the enactment of this title, which does not comply with all of the regulations of this title or of any amendment hereto governing use of the zoning district in which such use is located.
103. Nursing Home. See “Convalescent, nursing or rest home.”
104. Occupancy Certificate. See “Certificate, occupancy.”
105. “Open area” is that area of a lot, parcel, or tract that is not covered by a building or structure.
106. “Parking space” is an enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress. Such space shall be at least nine feet in width and twenty feet in length and meet all other requirements of RMC 17.11.200.
107. “Party wall” is a wall which is common to but divides contiguous buildings.
108. “Pawnbroker” is every individual, corporation, business, partnership or other entity which lends money on the deposit or pledge of physically delivered personal property, other than property the ownership of which is subject to legal dispute, securities, printed evidence of indebtedness or printed evidence of ownership of the personal property, or who deals in the purchase of said property on the condition of selling the property back again at a stipulated price.
109. “Payday loan lender” is a business that provides loans with a finance charge exceeding an annual percentage rate of thirty-six percent and with a term that does not exceed one hundred twenty days, including any transaction conducted via any medium whatsoever, in which: (a) a lender accepts one or more checks dated on the date written and agrees to hold them for a period of days before deposit or presentment, or accepts one or more checks dated subsequent to the date written and agrees to hold them for deposit; or (b) a lender accepts one or more authorizations to debit a consumer’s bank account; or (c) a lender accepts an interest in a consumer’s wages, including, but not limited to, a wage assignment.
110. “Philanthropic institution” is a structure and/or facilities devoted to the betterment and/or improvement of community life, including but not limited to such institutions as the YMCA, YWCA, boys’ clubs, and educational or charitable foundations.
111. “Planned development” is a parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.
112. “Possessory interest” implies an occupancy or use of property by legal arrangement with the owner in fee simple. Possessory interest is commonly a control of property by lease arrangement.
113. “Precious metal dealer” is any business wherein five percent or more of all transactions taking place are purchases of articles made of or containing gold, silver, platinum or other precious metals or jewels of any description if, in any manner, including any form of advertisement or solicitation of customers, the business holds itself out to the public as willing to purchase such articles.
114. “Property lines” are the lines bounding a zoning lot, as defined herein.
115. “Public way” is any sidewalk, street, alley, highway, or other public through fare.
116. “Reservoir parking facilities” are those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
117. “Residential” refers to the use of land or buildings for dwelling purposes.
118. “Restaurant” is a business establishment within which food is offered for sale or consumption only within the structure on the premises.
119. Restaurant, Drive-In. See “Drive-in establishment.”
120. Restaurant, Take-Out. See “Drive-in establishment.”
121. Rest Home. See “Convalescent, nursing or rest home.”
122. “Screening” is a structure erected or vegetation planted for the purpose of concealing from view the area behind it.
123. “Setback” indicates the minimum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot.
124. “Shopping center” is a group of commercial establishments, planned, developed, and managed as a unit related in location, size and type of shops to the trade area that the unit serves.
125. “Shrubbery” refers to a linear planting or growth of several-stemmed woody plants.
126. “Sign” is a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a “sign” shall not include any display of official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A “sign” shall not include a sign located completely within an enclosed building, which sign is not visible from outside the building, unless the context shall so indicate.
127. “Sign, advertising” is a sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
128. “Sign, business” is 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.
129. “Sign, flashing” is any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this title, any moving, illuminated sign shall be considered a “flashing sign.”
130. Sign, Freestanding. See “Sign, ground.”
131. “Sign, gross area of” shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structure elements lying outside the limits of such sign nor forming an integral part of the display. When two sides of a double-faced sign are located not more than thirty-six inches apart at the widest point and not more than twelve inches apart at the narrowest point and display identical messages or other representation, the gross area shall include only one of the sides. Any additional side of a multifaced sign shall be considered as a separate sign for purposes of computing the total gross area of the sign. The gross area of a fascia shall be calculated by the total square footage encompassed by the fascia, including the area between letters.
132. “Sign, ground” or “freestanding sign” is a sign completely or principally self supported by one or more posts, uprights, braces or other supports independent of any building or other structure and anchored in or upon the ground.
133. “Sign, monument” is an identification sign which is so designed and constructed as to complement the premises being identified. Ordinarily, the letters or numbers of such sign are engraved into or raised upon natural stone, heavy lumber, or masonry.
134. “Sign, obsolete” is any sign which no longer correctly directs or exhorts any person; or advertises a business, service, product, tenant, or activity no longer conducted, available, or in existence.
135. “Sign, political” is any temporary sign which supports the candidacy of any candidate for public office or urges action on any other matter on the ballot of primary, general, or special elections.
136. “Sign, portable” (this term also includes those signs commonly known as sandwich signs) means any sign that is not permanently affixed to a building, structure or the ground; a sign designed to be moved from place to place. These signs primarily include but are not limited to the signs attached to wood or metal frames designed to be self supporting and moveable; paper, cardboard or canvas signs wrapped around supporting poles. Also included are those signs, commonly trailer mounted, which are designed to be moved from place to place.
137. “Sign, projecting” is a sign which extends more than six inches from the face of the wall of the structure to which it is affixed.
138. “Sign, roof” is a sign erected upon or above a roof or parapet wall of a building and which is wholly or partially supported by said building.
139. “Sign, temporary” means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other materials, with or without frames, for use for a limited period of time.
140. “Sign, time and/or temperature” is a device which periodically displays the time of day; a temperature sign is a device which periodically displays the current temperature.
141. “Sign, window” is any temporary sign affixed to the interior or exterior of a window, or any sign located inside a building within six feet of the interior side of a window and displayed so as to attract the attention of persons outside the building. Merchandise which is included in a window display shall not be considered as part of a window sign.
142. “Story” is that part of a building between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is five feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.
143. “Street” is a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
144. “Structural alteration” is any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.
145. “Structure” is anything which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground.
146. “Tavern (cocktail lounge)” is an establishment where liquors are sold to be consumed generally on the premises.
147. “Tent” is any temporary structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material.
148. “Title-secured lenders” is any business which provides loans upon which interest is charged as an annual percentage rate exceeding thirty-six percent in which, at commencement, an obligor provides to the licensee, as security for the loan, physical possession of the obligor’s title to a motor vehicle.
149. “Trailer” means a movable or portable unit to be towed on its own chassis and which is used for recreational or temporary office purposes, and is not designed for permanent or long-term residence.
150. “Truck” is any truck larger than a pick-up truck, as well as any truck-trailer, or semi-trailer, all of which are propelled or drawn by mechanical power.
151. “Truck parking area or yard” is any land used or intended to be used principally for the storage or parking of trucks, truck-trailers, tractors, and commercial vehicles, while not loading or unloading, which exceed three tons in capacity. A truck parking area or yard shall include the meaning customarily assigned to cartage facilities and/or truck dispatch yards.
152. “Truck rental and truck sales” shall include the rental or sale of trucks, truck-trailers, tractors, and industrial and commercial vehicles.
153. “Truck repair facility” is a building or area used for the indoor repair or rebuilding of trucks, tractors, truck-trailers and industrial and commercial vehicles, in excess of three tons in capacity, or their bodies. Any area used or intended to be used for the storage or parking of trucks, tractors, trailers and industrial and commercial vehicles in excess of three tons in capacity not serving a principal use otherwise authorized in the respective zoning district shall be considered a “truck parking area or yard.”
154. “Use of property” is the purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
155. Use, Accessory. See “Accessory use.”
156. “Use, conditional” is a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such “conditional use” may or may not be granted, subject to the terms of this title.
157. “Use, existing” is any use of a parcel of land or a building which exists on the effective date of this title.
158. “Use, permitted” is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.
159. “Use, principal” is the main use of land or buildings as distinguished from a subordinate or accessory use. A “principal use” may be “permitted” or “conditional.”
160. “Variation” is a relaxation of the terms of this title where such variation will not be contrary to the public interest and where a literal enforcement of the ordinance would result in unnecessary and undue hardship.
161. “Wall” is a linear structure which serves to support, retain, or screen.
162. “Yard” is an open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in RMC 17.04.070(E). A “yard” extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.
163. “Yard, corner side” is a side yard which adjoins a public street.
164. “Yard, front” is a yard extending along the full length of the front lot line between the side lot lines.
165. “Yard, interior side” is a side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.
166. “Yard, rear” is a yard extending along the full length of the rear lot line between the side lot lines.
167. “Yard, side” is a yard extending along a side lot line from the front yard to the rear yard.
168. “Yard, transitional” is that yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residence district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residence or business district.
169. “Zoning administrator” is the officer and assistants designated by the village board of trustees as the officer responsible for enforcing and administering all requirements of this zoning code.
170. Zoning Certificate. See “Certificate, zoning.” (Ord. 2023-16 § 5, 2023; Ord. 2018-33 § 3, 2018; Ord. 2014-31 § 9, 2014; Ord. 2002-18 § 1, 2002; Ord. 93-41, 1993; 1980 Zoning Code § 12)