Definitions. Certain words in this chapter are defined
for the purposes thereof as follows:
ALTERATION
As applied to a building or structure, any change or rearrangement
of the structural parts, or any enlargement, whether by extending
on any side or by increasing in height, or the moving from one location
to another. It does not include ordinary repairs to buildings or structures.
APARTMENT HOUSE
A residence building accommodating three or more families,
living independently of each other, and allowed to do their own cooking
on the premises.
BEVERAGE SERVICE ESTABLISHMENT
-An establishment that is primarily and significantly engaged
in the sale of beverages such as coffee, specialty coffees, teas,
espressos, lattes, cappuccinos, juices, and blended beverages and
similar like beverages, typically served in disposable cups to patrons
who select their orders from posted menus offering a limited number
of specialty drink items, which are prepared according to standardized
procedures for consumption either on or off premises. The ancillary
sale of a limited ready-to-eat food products, promotional branded
merchandise, and other related products shall be permitted as a permitted
accessory use. Cooking or baking of food shall be prohibited; however,
on-site warming and assembly of pre-cooked items, which have been
prepared off-site, shall be permitted. Convenience, fast food and
similar ripe stores are strictly excluded from this definition, except
for beverage service establishments as defined herein.
[Added 2-8-2022 by L.L. No. 2-2022]
BUILDING, ACCESSORY
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
BUILDING AREA
Shall be determined by measuring around the exterior of the
foundation walls or foundation structure of buildings and shall include
the floor area of porches.
BUILDING INSPECTOR (also sometimes referred to in this chapter
and in other ordinances and local laws of the Village as the "Superintendent
of Buildings," or "Building Superintendent")
The building official of the Village, who shall have the powers and duties as are ascribed to the Building Inspector, Building Superintendent, and/or Superintendent of Buildings, as set forth elsewhere in this chapter, including such powers and duties as are set forth at §
176-163 of Article
XIV thereof, and in other ordinances and local laws of the Village. All references to the Building Inspector, the Building Superintendent or the Superintendent of Buildings within this chapter or any other ordinance and local laws of the Village shall be deemed to refer to such building official. Any power or duty ascribed to the building official, whether identified as the Building Inspector, Superintendent of Buildings or Building Superintendent, in this chapter or any other ordinance and local laws of the Village, may be delegated by the Building Inspector to any of one or more deputy or assistant building inspectors of the Village.
[Added 10-13-1998 by L.L. No. 4-1998]
COMMERCIAL VEHICLE
Includes, but is not limited to, any vehicle other than a
personal passenger vehicle, suburban, or motorcycle which is primarily
designed, constructed, used, or maintained for the transportation
of goods, merchandise, or property, or for the livery or transport
of passengers for hire or compensation, whether on a profit or nonprofit
basis, or for the livery or transport of children to or from school
or camp, or as the power unit for the hauling of freight or cargo
by trailer or semitrailer or any combination of trailers and semitrailers
or any type of nonmotorized trailer unit. Commercial vehicles shall
also include but not be limited to buses, ambulettes, delivery vans,
taxis and limousines.
[Added 4-14-2003 by L.L. No. 1-2003]
CORNER LOT
A parcel of land at the junction of and fronting on two or
more intersecting streets.
DEPTH OF A LOT
The mean distance from the street line of the lot to the
rear line, measured in the general direction of the side lines of
the lot.
DEPTH OF AN INNER COURT
The distance which it projects into the building from the
outer wall thereof. The "width of an outer court" is its other horizontal
dimension.
DROP-OFF FACILITY
A facility which permits, allows or tolerates persons to
deliver items to a building, box, container or other structure by
depositing such items into a container or through an aperture in a
wall or door, whether such aperture has a cover or not. Drop-off facilities
solely designed and used for the receipt of mail and similar documents
from the United States Postal Service or similar delivery services
shall not be deemed drop-off facilities.
[Added 11-9-1998 by L.L. No. 6-1998]
DWELLING, SINGLE-FAMILY
A building designed for and occupied exclusively as a home
or residence for not more than one family.
DWELLING, TWO-FAMILY
A building designed for and occupied exclusively as a home
or residence for not more than two families.
FAMILY
(1)
Any number of persons related by blood, adoption
or marriage, living and cooking together as a single housekeeping
unit, exclusive of household servants; or
(2)
Any number of persons, though not related by
blood, adoption or marriage, living and cooking together as a single
housekeeping unit, exclusive of household servants, so long as the
persons, as a group, bear the generic character of a family unit as
a relatively permanent household, and are not a framework for transients
or transient living.
[Amended 8-3-1981 by L.L. No. 6-1981; 2-3-1986 by L.L. No. 6-1986]
FAST-FOOD CONVENIENCE STORE
Any grocery, fruit, vegetable, delicatessen, liquor package,
ice cream, confectionery, bakery, meat market or food convenience
store. The definition shall include any establishment that sells a
combination of the foregoing food items.
[Added 7-12-2004 by L.L. No. 6-2004]
FAST-FOOD RESTAURANT
Any business or enterprise primarily engaged in the sale
of ready-to-consume food and beverages, typically served in disposable
wrappers or on disposable plates, with plastic or other types of disposable
utensils, with limited or no waiters or waitresses servicing the tables,
to patrons who ordinarily select their orders from posted menus offering
a limited number of specialized items, which are prepared according
to standardized procedures for consumption either on or off premises,
in a facility where a substantial portion of food and beverage sales
are for consumption off premises.
[Added 7-12-2004 by L.L. No. 6-2004]
FAST-SERVICE STORE
Any video rental store, dry cleaner, tobacco or film development
store and any other establishment with drive-in or drive-through service,
other than a dropoff facility for which a conditional use permit has
been issued by the Board of Trustees and an automatic teller machine
(ATM). The definition shall include any establishment that sells a
combination of the foregoing items and/or those items set forth for
fast-food convenience stores.
[Added 7-21-2004 by L.L. No. 6-2004]
FOOD ESTABLISHMENT
Any fast-food convenience store, fast-food restaurant, or
restaurant.
[Added 9-13-2004 by L.L. No. 8-2004]
GARAGE, COMMUNITY OR GROUP
A building which is one story in height used for the storage
of automobiles in separate units, or with a common means of access,
and not used for service or making repairs to automobiles.
(1)
For the purpose of these regulations, each of
the independent units into which a building is divided by party walls,
except in group garages, shall be regarded as a separate building.
GARAGE, PRIVATE
A building used for the storage of one or more automobiles
owned and used by the owner or tenant of the lot on which it is erected
for a purpose accessory to the use of the lot and for the storage
of not exceeding two additional automobiles (not trucks) owned or
used by others for a similar purpose if they are stored in the same
room in which the automobile or automobiles of the owner or tenant
are stored.
GARAGE, PUBLIC
A building, other than a private garage, one or more stories
in height, used for the storage or repair of automobiles.
HEIGHT OF A BUILDING
The greatest of the vertical distances when measured from
the lowest curb level along any of the property lines adjoining the
premises upon which the building is located, or the mean grade level
along the foundation of the building, whichever is lower, to the highest
point of the building. In the case of pitched roofs, the "highest
point of the building" shall be deemed the halfway point between the
eave and the peak of the roof. If the building has multiple level
roofs, the height of the building shall be established by the highest
of the roofs.
[Amended 11-9-1998 by L.L. No. 5-1998]
HELIPORT
An area, either at ground level or elevated on a structure,
that is used or intended to be used for the landing and takeoff of
helicopters. The term "heliport" includes all such landing and takeoff
areas whether they be public or private, commercial or noncommercial,
temporary or permanent, small or large, accessory or nonaccessory
to another use established on the same lot or premises.
HOTEL
A residence building differing from an apartment house in
that it is built for transient instead of permanent residence, and
individuals or families are not allowed to do their own cooking on
the premises.
INNER COURT
An open, unoccupied space on the same lot with a building
not extending to either the street or the rear yard.
LOT
A parcel of land occupied by one building and the accessory
buildings or uses customarily incident to it, including such open
spaces as are required by the ordinance, and such open spaces as are
arranged and designed to be used in connection with such building.
LOT AREA
The area of a lot on which a building and its accessories
are located.
NONCONFORMING BUILDING OR USE
A building, structure or use of land and structure which
was lawfully existing prior to the adoption, revision or amendment
of this chapter but which fails to conform to the use regulations
for the district in which such use is located by reason of such adoption,
revision or amendment.
[Amended 4-14-2003 by L.L. No. 1-2003]
OUTDOOR WATER POOLS
Swimming pool, tank, depression or excavation in any material,
dike or berm constructed, erected, excavated or maintained which will
cause the retaining of water to a greater depth than 18 inches and
having a plane surface area of water greater than 100 square feet
except such as shall hereinafter be excluded. The word "pool" shall
be construed to mean "outdoor water pool."
OUTER COURT
An open, unoccupied space on the same lot with a building
extending to either the street or the rear yard.
PARABOLIC ANTENNA
Includes all antennas used or designed for use to receive
or transmit satellite transmissions, whether such antennas be solid
or mesh or a combination thereof; whether the shape be parabolic,
spherical, horn or otherwise; and whether or not such antennas are
actually being used, or are capable of being used, for such purposes.
[Added 10-10-1990 by L.L. No. 6-1990]
PARKING SPACE
[Added 6-13-1988 by L.L. No. 2-1988; amended 2-6-2002 by L.L. No. 2-2002]
(1)
The term "parking space" is sometimes referred
to in the Village's ordinances and local laws as "parking stall."
The terms shall have the same meaning and be interchangeable.
(2)
Each parking stall shall have an aisle having
direct access thereto. Each such parking stall and aisle shall meet
or exceed the dimensions as set forth below.
(3)
Stall width [Sw] for all angles shall be not
less than 9.5 feet, including all of the pavement markings. When two
or more stalls are adjacent to each other, the stall widths shall
be measured from center line to center line of adjacent stalls.
(4)
Not more than one vehicle may be placed in a
parking stall at any time.
(5)
The parking area within each of the parking
stalls shall be clearly delineated at all times by appropriate pavement
markings of not less than four inches in width. The parking areas
within each of the parking stalls shall be clearly delineated with
double, parallel, striping between each parking area. Such parallel
stripes shall be spaced not less than one foot nor more than two feet
apart and shall be connected at the end by a perpendicular or arced
marking. All such pavement markings shall be subject to the approval
of the Building Inspector.
RESTAURANT
Any business or other enterprise engaged primarily in the
preparation and sale of food and/or beverages selected from a full
menu and consumed on the premises of the business by patrons seated
at a table and served by a waiter or waitress and using nondisposable
food and beverage containers and utensils. Sales of food and beverages
in disposable containers and wrappers for off-premises consumption,
if incidental to the primary business or enterprise described herein,
shall not cause such business or enterprise to be treated as a fast-food
restaurant.
[Added 7-12-2004 by L.L. No. 6-2004]
SHOPPING CENTER
A group of retail stores, personal service shops, restaurants,
theaters, post offices, professional and business offices, banks or
similar establishments, six or more in number, comprising at least
four acres, planned and designed as an integrated unit with off-street
parking provided on the property as an integral part of the unit.
[Added 6-9-1997 by L.L. No. 3-1997]
STREET LINE
The dividing line between the street and the lot.
STRUCTURE
A combination of materials other than a building to form
a construction that is safe and stable, including, among others, stadiums,
gospel and circus tents, reviewing stands, platforms, stagings, observation
towers, radio towers, water tanks and towers, trestles, piers, wharves,
sheds, commercial coal bins, display signs, fences, retaining walls,
outdoor fireplaces, pools and pergolas; the term "structure" shall
be construed as if followed by the words or part thereof. Any such
combination of materials with a total height of four inches or less
shall not be deemed a "structure." A combination of materials in excess
of four inches, even if partly or totally below grade shall be deemed
a "structure."
[Added 4-14-2003 by L.L. No. 1-2003]
TAKE-OUT-FOOD RESTAURANT [Added 1-22-2007 by L.L. No.
1-2007]
(1)
Any business or enterprise primarily engaged
in the sale of food, which meets any one or more of the following
criteria:
(a)
Has a take-out menu which differs from its regular
menu and/or a menu with an indication in words and/or pictures, in
substance stating or indicating that “take-out-food” or
“food-to-go” is available.
(b)
Has signs indicating take-out is available.
(c)
Advertises that it sells take-out food.
(d)
Has in-store lines, signs or stations utilized
for take-out customers.
(e)
Provides disposable utensils with food that
is taken from the premises.
(2)
A restaurant which as an accessory to its principal
business permits its clientele to take out food, but does not meet
any of the foregoing criteria, is not a take-out-food restaurant.
YARD
An open unoccupied space on the same lot with the building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
(1)
FRONT YARDA yard across the full width of the lot extending from the front wall of the building to the front line of the lot.
(2)
REAR YARDA yard across the full width of the lot from the rear wall of the building to the rear line of the lot.
(3)
SIDE YARDA yard extending from the front yard to the rear yard between the building and the adjacent side line of the lot.