[Amended by Ord. No. 1718; Ord. No. 1723; 8-14-2017 by Ord. No. 1832]
Certain words in this chapter are defined for the purposes thereof
as follows:
ACCESSORY USE OR BUILDING
A use or building customarily incident to and located on
the same lot with another principal use or building.
APARTMENT
A room or suite of rooms in an apartment or mixed-use building,
which room or suite is arranged, intended or designed to be occupied
as a residence of a family.
APARTMENT STORY
A floor or story of a mixed-use building used for one or
more apartments.
APPROVED DRIVEWAY
A path for vehicles leading from a garage or parking space
to a public street or alley or private road, constructed of materials
specified herein.
BUILDING
Any structure built for the support, shelter, or enclosure
of persons, animals, or personal property.
BUILDING HEIGHT
The vertical distance measured at the center line of its
principal front from the established grade or from the natural grade,
if higher than the established grade, to the level of the highest
point in the coping of flat roofs or the deck line of a mansard roof,
or to the mean height of the highest gable of a pitched roof, or to
half the height of a hipped roof. Where no roof beams exist or there
are structures wholly or partly above the roof, the height shall be
measured to the level of the highest point of the building. The level
of the highest point of the building excludes roofscape features.
BUILDING SITE
Any lot or parcel of land which complies with the minimum
requirements of this chapter for the erection of a building thereon.
BUILDING, APARTMENT
A building other than a mixed-use building used entirely
or in part as a residence by more than two households independently
of each other.
BUILDING, COMMERCIAL
A building used entirely for retail stores, shops, sales
offices or sample rooms and accessory uses.
BUILDING, FRONT LINE OF A
The point or line nearest the front lot line, measured from the most exterior or forward of any permanent structural element of, or appurtenant to, any structure including finish siding material. Not included in said measurements shall be covered porches that meet the criteria under §
16-35A(3), uncovered porches, steps, decks, or platforms, no part of which is more than three feet above the natural grade of the lot nor more than seven feet forward of the furthest exterior or forward wall of the foundation. Also not included are bay windows, overhangs, cantilevers, eaves, sills or similar projections which extend no more than two feet forward of the furthest exterior or forward wall of the foundation and comprise no more than 20% of the total frontal facade area (excluding roofs); or of the concrete slab under, or lateral support of, a garage, covered porch, or accessory building.
[Amended 5-20-2024 by Ord. No. 1910]
BUILDING, MIXED-USE
A building using all or part of the first or ground floor
for business purposes and any part of the other floors for apartment,
residence or office purposes.
BUILDING, REAR LINE OF A
The point or line nearest the rear lot line (opposite the
front setback as shown on the front setback map), measured from the
most exterior or rearward of any permanent structural element of,
or appurtenant to, any structure including finish siding material.
Not included in said measurements shall be uncovered porches, steps,
decks, or platforms, no part of which is more than three feet above
the natural grade of the lot nor more than seven feet forward of the
furthest exterior or forward wall of the foundation. Also not included
are bay windows, overhangs, cantilevers, eaves, sills, or similar
projections which extend no more than two feet rearward of the furthest
exterior or rearward wall of the foundation and comprise no more than
20% of total rear facade area (excluding roofs); or of the concrete
slab under, or lateral support of, a garage, covered porch, or accessory
building.
BUILDING, SIDE LINE OF A
The point or line nearest the side lot line, measured from
the most exterior or sideward of any permanent structural element
of, or appurtenant to, any structure including finish siding material.
Not included in said measurements shall be uncovered porches, steps,
or platforms, no part of which is more than three feet above the natural
grade of the lot. Also not included are eaves and gutters which extend
no more than 1 1/2 feet from the furthest exterior or sideward
wall of the foundation; or the concrete slab under, or lateral support
of, a garage, covered porch, or accessory building.
CARPORT
An accessory building designed and used primarily for the
storage or keeping of passenger automobiles but which may also be
used for the keeping of personal property customarily and ordinarily
owned and used by the occupants of the particular zoning district
in which the premises lies, which is not completely enclosed by walls,
windows, doors and roof.
COURT, INNER
An open, unoccupied space on the same lot with a building
and enclosed on all sides by walls of such building.
COURT, INNER LOT LINE
An open, unoccupied space, other than a yard, on the same
lot with a building, bounded on all except one side by the walls of
such building and on the remaining side by a lot line.
COURT, OUTER
An open, unoccupied space, other than a yard, on the same
lot with a building, enclosed on all except one side by walls of such
building and extending to either the street, alley or to the front
or rear yard.
DOUBLE HOUSE
Two attached single-family dwellings, each of which conforms
to the requirements for a single-family dwelling.
DUPLEX
A detached or semidetached building arranged, intended or
designed as a dwelling to be occupied by two families in divided living
spaces.
DWELLING
A detached or semidetached building having accommodations
for and occupied by not more than two families.
FAMILY
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
A.
One or more persons living together in a single dwelling unit
as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that three or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present:
(1)
The group shares the entire dwelling unit.
(2)
The group lives and cooks together as a single housekeeping
unit.
(3)
The group shares expenses for food, rent, utilities or other
household expenses.
(4)
The group is permanent and stable and not transient or temporary
in nature.
(5)
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
B.
This definition is not intended to prohibit group homes or community
living arrangements that are determined to be protected by the Federal
Fair Housing Law, provided that such facilities are licensed and permitted
under the authority of the State Department of Health Services or
the State Department of Children and Families or other state department
or agency.
GARAGE
An accessory building designed and used primarily for the
storage or keeping of passenger automobiles but which may also be
used for the keeping of personal property customarily and ordinarily
owned and used by the occupant of the particular zoning district in
which the premises lies, which is completely enclosed by walls, windows,
doors and roof.
GARAGE, ATTACHED
A garage that is substantially attached to the principal
building on a lot. "Substantially attached" includes connection by
contiguous heated and improved space. The following shall apply:
A.
An attached garage must provide access to the dwelling from
inside the garage at the first floor level;
B.
If there is improved space above or below the garage, additional
access to the dwelling must be provided at that level; and
C.
The heating system must be capable of maintaining heat of at
least 70° F. in the improved space.
LOT
A parcel of land in single ownership occupied or designed
to be occupied by one principal building and the accessory buildings
or uses customarily incident to it, including such open spaces as
are required by this chapter and such open spaces as are arranged
and designed to be used in connection with such buildings.
LOT AREA
The area of any lot exclusive of abutting streets, alleys
or other public grounds.
LOT AREA, TOP LAND
The lot area of that part of any lot in District 1 which
lies westerly from the top of the bluff which roughly parallels the
shore of Lake Michigan.
LOT, CORNER
A lot or portion of a lot at the junction of and fronting
on two intersecting streets.
NATURAL GRADE
The elevation of the surface of the lot adjoining the building.
NONCONFORMING USE
Any use of a building or premises which does not conform
with the regulations imposed by this chapter for the district in which
such building or premises is situated.
PRINCIPAL USE OR BUILDING
A use or building in which the principal activities of the
lot are conducted or located, as distinguished from an accessory use
or building.
PRIVATE ROAD
A roadway for vehicular traffic not in public ownership.
PUBLIC WAY
The right-of-way dedicated for public use, including street,
parkway and sidewalk areas between property line.
ROOFSCAPE
Those outdoor features constructed or present above a portion
a building, which may include mechanical equipment, furniture, and
landscaping features. A roofscape is an environment present on the
roof of a building that may contain sustainable features to harvest
stormwater or an occupiable environment for residents, visitors, and
customers.
STREET LINE
The dividing line between the street and the lot.
VEHICLE
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, and shall include
boats or mobile homes.
YARD, DEPTH OF REAR
The minimum distance between the rear line of the building
other than a building for an accessory use and the rear lot line.
YARD, FRONT
An open uncovered space on the same lot with the building
between the front lot line and the front line of the building, extending
the full width of the lot.
YARD, REAR
An open, uncovered space, on the same lot with a building,
between the rear lot line and the rear line of the building, extending
the full width of the lot perpendicular to the side lot lines. Detached
accessory buildings may be placed in the rear yard. Air-conditioning
equipment may be placed in the area created by a building ell which
projects toward the rear lot line of a one- or two-family dwelling,
where the distance from the sideline of the main building to the side
of the ell is six feet or more.
YARD, SIDE
An open uncovered space on the same lot with a building or
an accessory building between the side lot line and the building or
accessory building, extending from the front line of the building
to the rear line of the building.
YARD, WIDTH OF A SIDE
The minimum distance between the side line of the building,
other than an accessory building, and the side lot line.