For the purposes of this chapter, all words used in the present tense include the future tense. All words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "shall" is mandatory and directory. The word "may" is permissive. The word "used" includes "designed, intended or arranged to be used."
As used in this chapter, the following terms shall have the meanings indicated:
A structure, the use of which is incidental to the principal use of the main structure, and which is attached thereto or located on the same lot. Accessory structures include, but are not limited to, portable, demountable or permanent enclosures, shade structures and carports.
A subordinate use of a lot or building, the purpose of which is incidental to that of the primary use and which is located on the same lot.
A secondary serviceway providing a public means of access to the side or rear of abutting property.
As applied to a building or a structure, a change or rearrangement in the structure parts, or an enlargement whether by extending on a side, increasing in height or the moving from one location or position to another.
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
Approved by the administrative officer under the regulations of this chapter, or approved by an authority designated by law or this chapter.
A story partly underground and having more than 1/2 of its height below the average level of the finished grade at the front of the building.
That Board appointed by the Village Board to specifically hear all appeals as provided by these regulations.
A relatively narrow strip of land covered with sufficient permanent evergreen planting (consisting of both trees and shrubs) to provide a continuous physical screen preventing visual access from one use area to another and to reduce the noise intensity transferred from one use area to another.
Any structure having a roof supported by columns, piers or walls including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all necessary buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of roof for flat roofs; to the deckline of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
A building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.
See "basement."
A certificate issued by the Zoning Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Board of Appeals.
A building use to house a social, fraternal or service organization or club not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.
That percentage of the plot or lot area covered by the building area.
The officially established grade of the curb in front of the midpoint of the lot.
That portion of the Village within which specific uses are permitted according to the designation applied thereto and in conformity with the provisions of this chapter.
A structure used for the harboring of more than three dogs that are more than six months old.
On residential properties, a graveled or paved area from the street to a garage, or to an area on which a conforming garage could be built, no more than 12 feet wide on properties where there is no garage, or 12 feet wide for each garage stall up to a total of 36 feet. A residence with a single-stall garage may have an additional apron of 12 feet by 36 feet to facilitate two-car parking.
[Added 3-13-2003 by L.L. No. 1-2003]
A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial or by any other means and for whatever purpose, of garbage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
A building containing three or more dwelling units.
A building containing not more than one dwelling unit.
A building containing two dwelling units.
One or more rooms providing living facilities for one family including equipment for cooking and provisions for the same.
One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Any parcel of land which is used for gain in the raising of agricultural products, including crops, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment used for the farm.
See Chapter 93, Fences.
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying or other cleaning of motor vehicles.
The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two uses. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.
A secondary building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
Any garage operated for gain, available on a rental basis for the storage of motor vehicles, including the supply of gasoline or oil and repair service, but shall not include auto body repair or painting.
The evaluation of the center line of the streets established by the Village authorities.
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
A business, trade or profession conducted by an individual in a dwelling, including accessory buildings, provided that no more than two persons are employed at the dwelling in addition to the owner or tenant of the property; that no other professional shall be permitted to share, let or sublet space for professional use; that there is no external evidence of such use except for one sign not exceeding two square feet in area, otherwise complying with Chapter 186, Signs, of the Village Code; and that there shall not be any exterior storage of materials or equipment, and provided further that no article is sold or offered for sale except such as may be produced by members of the immediate family residing therein.
A parcel or area of land, the dimension and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or more intersecting streets.
That percentage of the lot area which is devoted to building area.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot, other than a corner lot, which has frontage on only one street other than an alley.
An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Livingston County.
A lot, other than a corner lot, which has frontage on more than one street.
The horizontal distance between the side lot lines measured at right angles to its depth at the front building line.
A parcel of land occupied, or to be occupied, by a principal use or uses, together with permitted accessory uses, yards and open spaces, having frontage on an officially accepted street and having not less than the minimum area required by these regulations for a lot in the zoning district within which said parcel of land is located. A lot of record may or may not be a zoning lot.
A structure, transportable in one or more sections, which is more than eight feet in body width, is more than 40 feet in body length in the traveling mode or contains 440 or more square feet in interior space when erected on site and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. This definition is the minimum requirement, with anything exceeding it being acceptable.
A designated site within a mobile home park for the exclusive use of the occupants of a single mobile home.
A parcel of land which has been planned and improved for the placement of mobile homes.
Any person to whom a temporary permit is issued to maintain a mobile home court under the provisions of this chapter.
A building, lot or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of these zoning provisions, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A use or activity which was lawful prior to the adoption or amendment of these zoning provisions, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
An off-street area suitable for vehicular parking and having access to a street or alley.
A paved outdoor living space designed to supplement the residential living area.
Any natural individual, firm, trust, partnership, association or corporation.
The officially designated Mount Morris Village Planning Board, as established by the Village Board in accordance with the state law.
The main or principal use to which a building or lot is to be used.
Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
A dwelling in which three or more persons, either individually or as families, are housed for hire with or without meals. A lodging house and boarding house shall be deemed a rooming house.
See "filling station."
Synonymous with the rear limit of the required yard area.
See Chapter 186, Signs.
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-ways, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board, Board of Appeals or the Zoning Official.
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
A building in which any horses or other livestock are kept for remuneration, hire or sale.
Includes streets, roads, avenues, lanes or other trafficways between right-of-way lines.
STREET, COLLECTORA street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
STREET, MAJORA street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.
STREET, MINORA street intended to serve primarily as an access to abutting properties.
That line surveyed and monumented by the governing body shall be the center line of a street; or, in the event that no center line has been so determined, it shall be that line running midway between and parallel to the general direction of the outside rights-of-way lines of such streets.
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
That line determining the limit of the highway rights of the public, either existing or contemplated.
A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, signs, swimming pools and fences which are more than 50% solid.
A swimming pool operated as an accessory use to a residential dwelling unit or units and located on an individual residential lot.
A public or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
A required open space located on the same lot as the principal building, unoccupied and unobstructed from ground to sky except for accessory uses and for tree or shrub growth, fences, walls or other encroachments expressly permitted elsewhere in these regulations.
An open, unoccupied space on the same lot with the principal 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 that lot.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
An open, unoccupied space between the side line of the lot and the nearest line of the building. It shall extend from the front yard to the rear yard or, in the absence of either, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
See "district."
See "Board of Zoning Appeals."
That person or persons designated by the Village Board to enforce this chapter as hereinafter set forth.
A permit issued by the Zoning Enforcement Officer stating that the purpose for which a building or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.