VILLAGE OF CARO ZONING ORDINANCE

ARTICLE 2 CONSTRUCTION OF LANGUAGE AND DEFINITIONS

 

Section 200 CONSTRUCTION OF LANGUAGE:

 

The following rules of construction apply to the text of this Ordinance:

 

            1.         The particular shall control the general.

 

            2.         In case of any difference of meaning or implication between the test of this Ordinance and any caption or illustration, the text shall control.

 

            3.         The word “shall” is always mandatory and not discretionary.  The word “may” is permissive.

 

            4.         Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

 

            5.         A “building” or “structure” includes any part thereof.

 

            6.         The phrase “used for” includes “arranged for”, “designed for”, “intended for”, “maintained for”, or “occupied for”.

 

            7.         The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

 

            8.         Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and”, “or”, “either...or”, the conjunction shall be interpreted as follows:

 

                        a.         “And” indicates that all the connected items, conditions, provisions, or events shall apply.

 

                        b.         “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

 

                        c.         “Either...or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

 

            9.         Terms not herein defined shall have the meaning customarily assigned to them.

 

Section 201 DEFINITIONS:

 

Accessory Use, or Accessory:  A use of a zoning lot which is clearly incidental to the principal use of the lot and customarily found in connection with such principal use, provided this definition has no reference to off-street parking spaces or off-street loading.

 

When “accessory” is used in this text, it shall have the same meaning as accessory use.

 

An accessory use includes, but is not limited to, the following:

 

            a.         Residential accommodations for servants and/or caretakers.

 

            b.         Swimming pools for the use of the occupants of a residence or their guests.

 

            c.         Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure.

 

            d.         A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.

 

            e.         Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

 

            f.          Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

 

            g.         Uses clearly incidental to a main use such as, but not limited to:  offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

 

            h.         Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.

 

Adult Foster Care Family Home: A private residence licensed under PA 218 of 1979 for six or fewer adults to be provided with foster care for five or more days a week for two or more consecutive weeks.  The adult foster care family home licensee is a member of the household and an occupant of the residence.

 

Adult Foster Care Large Group Home: A facility licensed under PA 218 of 1979 to provide foster care for at least thirteen (13) but not more than twenty (20)  adults.

 

Adult Foster Care Medium Group Home: A facility licensed under PA 218 of 1979 to provide foster care for at least seven (7) but no more than twelve (12) adults.

 

Adult Foster Care Small Group Home: A facility licensed under PA 218 of 1979 to provide foster care for six (6) or fewer adults.

 

Alley:  Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

 

Alterations:  Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed”.

 

Apartments:  A suite of rooms or a room in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

 

Auto Repair Station:  A place where, along with the sale of engine fuels, the following services may be carried out: general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; or overall painting and undercoating of automobiles.

 

Basement:  That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.  A basement shall not be counted as a story.

 

Bed and Breakfast: A use which is subordinate to the principal use of a single family dwelling unit where three or less sleeping rooms have been converted for guests’ use for compensation.  A continental breakfast may be served.

 

Block Face:  The property abutting one side of a street and lying between the two nearest intersection streets (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

 

Body Shop:   A place for the repair of automobile bodies, including bumping, painting and frame repair.

 

Building: Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind.

 

Building Height: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gale, hip and gambrel roofs.

 

                       

 

Building Line:  A line formed by the face of the building, and for the purposes of this Ordinance, a minimum building line is the same as a front setback line.

 

Club:  An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.

 

Communication Antenna: Any system of wires, poles, rods, reflecting disks, or similar devices used for the provision of cellular, broadband PCS, wide-area SMR, satellite system and other wireless transmitting and receiving services.  Communication antennae may be attached to the top of a structure or to a communication tower which is affixed to the ground.

 

Communication Tower: A structure affixed to the ground which functions to provide an elevated base for one or more communication antennae.         

 

Condominium Unit: That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.

 

Convalescent or Nursing Home:  A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.

 

Court: An uncovered space enclosed wholly or on three sides by buildings or walls.

Development:  The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

 

District:  A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

 

Drive-In: A business establishment so developed that its retail or service character is dependent on providing parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

 

Drive–Thru:  A business establishment so developed that its retail or service character is partially or totally dependent on providing a driveway approach so as to serve patrons while in their motor vehicle.

 

Dwelling, Multiple-Family: A building, or a portion thereof, designed exclusively for occupancy by three (3) or more families living independently of each other.

 

Dwelling, One-Family:  A building designed exclusively for and occupied exclusively by one (1) family.

 

Dwelling, Two-Family:  A building designed exclusively for occupancy by two (2) families living independently of each other.

 

Dwelling Unit:  A building, or portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.

 

Erected:  Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like, shall be considered a part of erection.

 

Essential Services:  The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel, or water transmission, distribution, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

 

Excavation:  Any breaking of ground, except common household gardening and ground care.

 

Family:  A family shall be deemed as one of the following when living in a single dwelling unit.

 

            a.         A single individual.

 

            b.         A group of two or more persons related by blood, marriage or adoption.

 

            c.         A group of up to six unrelated individuals operating as a single housekeeping unit.

Family Day Care Home: A private home in which not more than six children are received for care and supervision for a period of less than 24 hours per day. The six child limitation includes children under seven years old in the resident family and shall not include more than two children under one year old.

 

Farm:  The carrying on of any agricultural activity or the raising of livestock or small animals as a source of income.

 

Floor Area, Residential:  For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings.  The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

 

Floor Area, Usable (For the purposes of computing parking): That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers.  Such floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways or for utilities or sanitary facilities, shall be excluded from this computation of “Usable Floor Area”.  Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

 

Garage, Private:  An accessory building or portion of a main building designed or used solely for the storage of motor driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.

 

Garage, Service:  Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale, including major engine repair but excluding bumping and painting.

 

Gasoline Service Station:  A place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair such as bumping, painting or major engine repair.

 

General Common Area: The common elements of a condominium development other than the limited common elements.

 

Grade:  The ground elevation established for the purpose of regulating the number of stories and the height of buildings.  The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level.  If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

 

Group Day Care Home: A private home in which not less than seven or more than twelve children are received for care and supervision for a period of less than twenty four (24) hours per day.  Not more than two children will be under two years old.

Hotel:  A building or part of a building with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial, or desk service, and bellboy service.  A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

 

Junk Yard:  An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including but not limited to: scrap iron and other materials, paper, rags, rubber tires, and bottles.  A junk yard includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings.

 

Kennel, Commercial: Any lot or premise on which three (3) or more dogs, cats or other household pets are either permanently or temporarily kept for sale, boarding, breeding or training for a fee.  The keeping of nine (9) or more dogs, cats or other household pets, whether for a fee or not shall constitute a commercial kennel.

 

Kennel, Private: Any lot or premise on which between four (4) and eight (8) dogs, cats, or other household pets are maintained by a resident on their residential lot.

 

Limited Common Area: The portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

 

Loading Space:  An off-street space on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

 

Lot:  A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Ordinance.  A lot may or may not be specifically designated as such on public records.

 

Lot, Corner:  A lot where the interior angle of two adjacent sides at the intersection of two streets is less than one hundred and thirty-five (135) degrees.  A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this Ordinance if the arc is of less radius than one hundred and fifty (150) feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than one hundred and thirty-five (135) degrees.

 

Lot, Interior:  Any lot other than a corner lot.

 

Lot, Through:  Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the cases of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

 

Lot, Zoning:  A single tract of land, located within a single block which, at the time of filing for a zoning 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.

 

A zoning lot shall satisfy this Ordinance with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located.  A zoning lot therefore, may not coincide with a lot of record as filed with the County Register of Deeds, but may include one or more lots of record.

 

Lot Area:  The total horizontal area within the lot lines of the lot.

 

Lot Coverage:  The part or percent of the lot occupied by a building including accessory buildings.

 

Lot Depth:  The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

 

Lot Lines:  The lines bounding a lot as defined herein:

 

a.         Front Lot Line:  In the case of an interior lot, is that line separating said lot from the street.  In the case of a through lot, is that line separating said lot from either street.

 

b.         Rear Lot Line:  That lot line opposite the front lot line.  In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.

 

c.         Side Lot Line:  Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line.  A side lot line separating a lot from another lot or lots is an interior side lot line.

 

Lot of Record: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by Municipal or County Officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

 

Lot Width: The horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.

 

Main Building:  A building in which the principal use of the lot upon which it is situated is conducted.

 

Major Thoroughfare:  An arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the Major Thoroughfare Plan to identify those streets comprising the basic structure of the Major Thoroughfare Plan.

Master Deed: The condominium documents recording the condominium project which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plans for the project.

 

Master Plan:  The Comprehensive Community Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

 

Mobile Home: A structure, transportable in one (1) or more sections, which is built on a 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 in the structure.

 

Mobile Home Park: A parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual, non–recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street equipment, or facility used or intended for use incident to the occupancy of a mobile home.

 

Motel:  A series of attached, semidetached or detached rental units containing a bedroom, bathroom and closet space.  Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

 

Municipality: The Village of Caro, Michigan.

 

Nonconforming Building:  A building or portion thereof lawfully existing at the effective date of this Ordinance or amendments thereto and not conforming to the provisions of the Ordinance in the district in which it is located.

 

Nonconforming Use:  A use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereto and which does not conform to the use regulations of the district in which it is located.

 

Nuisance Factors:  Any offensive, annoying, unpleasant, or obnoxious thing or practice, any cause or source of annoyance, any continuing or repeated physical invasion, activity or use across a property line perceivable by or affecting a human being, or any generation of excessive or concentrated movement of people or things, such as, but not limited to:  (a) noise, (b) dust, (c) smoke, (d) odor, (e) glare, (f) fumes, (g) flashes, (h) vibration, (I) shock waves, (j) heat, (k) electronic or atomic radiation, (l) objectionable effluent, (m) noise of congregation of people, (n) passenger traffic, (o) invasion of non–abutting street frontage by traffic.

 

Nursery, Plant Materials:  A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.  The definition of nursery within the meaning of this Ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

Nursing Care Facility for the Elderly:  Comprised of establishments primarily engaged in providing inpatient nursing and rehabilitative services.  The care is generally provided for an extended period to individuals requiring nursing care.  These establishments have a permanent core staff of registered or licensed practical nurses, who along with other staff, provide nursing and continuous personal care services.  Examples are homes for the elderly with nursing care, nursing homes, and rest homes with nursing care (except psychiatric).

 

Off-Street Parking Lot:  A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three (3) vehicles.

 

Open Front Store:  A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure.  The term “Open Front Store” shall not include automobile repair stations or automobile service stations.

 

Parking Space:  An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.

 

Principal Use: The main use to which the premises are devoted and the principal purpose for which the premises exists.

 

Public Utility:  A person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing to the public under Federal, State or Municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.

 

Room:  For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom equal to at least eighty (80) square feet in area.  A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage.  Plans presented showing 1, 2, or 3 bedroom units and including a “den”, “library” or other extra room shall count such extra room as a bedroom for the purpose of computing density.

 

Setback:  The distance required to obtain minimum front, side or rear yard open space provisions of this Ordinance.

 

Setback Line: A line formed by the face of the building, unless the roof eaves overhang more than two (2) feet, in which case the setback shall be to the edge of the eaves.

 

Setback Line, Required: A required setback line is established by the minimum setback requirements of this ordinance.

 

Setback Line Vs. Required Setback Line

 

Sexually Oriented Business:  Any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing or presenting specified sexual activities or specified anatomical areas, as defined hereafter.

 

            1.         Sexually oriented business use shall include, but not be limited to the following:

 

a.         An adult motion picture theater is an enclosed building with a capacity of fifty (50) or more persons used for presenting material which has a significant portion of any motion picture or other display depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

 

b.         An adult mini–motion picture theater is an enclosed building with a capacity for less than fifty (50) persons used for presenting material which has as a significant portion of any motion picture or other display depicting, describing or presenting specified anatomical areas for observation by patrons therein.

 

c.         An adult motion picture arcade is any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where a significant portion of images so displayed depict, describe or relate to specified sexual activities or specified anatomical areas.

 

d.         An adult book store is a use which has a display containing books, magazines, periodicals, slides, pictures, cassettes, or other printed or recorded material which has as a significant portion of its content or exhibit matter or actions depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a (substantial) segment or section devoted to the sale or display of such material.

 

e.         An adult cabaret is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go–go” dancers, exotic dancers, strippers, or similar entertainers, where a significant portion of such performances show, depict or describe specified sexual activities or specified anatomical areas.

 

f.          An adult motel is a motel wherein matter, actions or other displays are presented which contains a significant portion depicting, describing, or relating to specified sexual activities or specified anatomical areas.

 

g.         An adult massage parlor is any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

 

h.         An adult model studio is any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar education institution.

 

i.          An adult sexual encounter center is any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

 

2.         Significant Portion — As used in the above definitions, the phrase "significant portion” shall mean and include:

 

a.         Any one or more portions of the display having continuous duration in excess of five (5) minutes; and/or,

 

b.         The aggregate of portions of the display having duration equal to ten (10) percent or more of the display.

 

c.         The aggregate of portions of the collection of any materials or exhibits composing the display equal to ten (10) percent or more of the display.

 

3.         Display — As used in the above definitions, the word display shall mean any single motion or still picture, presentation, dance or exhibition, live act, or collection of visual materials such as books, films, slides, periodicals, pictures, video cassettes or any other printed or recorded matter which is open to view or available to the general population whether for free or otherwise.

 

            4.         Specified Sexual Activities

 

a.         Human genitals in a state of sexual stimulation or arousal;

 

b.         Acts of human masturbation, sexual intercourse or sodomy;

 

c.         Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

 

            5.         Specified Anatomical Areas

 

a.         Less than completely and opaquely covered:  1) human genitals, pubic region; 2) buttock; and, 3) female breast below a point immediately above the top of the areola; and,

 

b.         Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

 

Sign:  A lettered board, or other notice or token, advertising an individual, firm, profession, business or other thing and visible to the general public.

 

Sign, Off–Premise: A sign related to an activity conducted, a service rendered or a commodity sold at a location other than where the sign is located.

 

Sign, On–Premise: A sign which is accessory to the principal use of the premises.

 

Sign, Sandwich Board: Any sign that is constructed of two flat pieces joined at the top with a hinge device so that the sign stands up as an inverted “V”.

 

Sign, Temporary Banner - Any sign of lightweight fabric or similar material that is temporarily mounted to a pole or similar or a fence or a wire at one or more edges.  National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

 

Site Condominium: The division of land into separate building sites under the authority of the Condominium Act, PA 58 of 1978.

 

Story:  That part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.  A story thus defined shall not be counted as a story when more than fifty (50) percent, by cubic content, is below the height level of the adjoining ground.

 

Story, Half:  An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven feet six inches (7' – 6").  For the purposes of this Ordinance, the usable floor area is only that area having at least four (4) feet clear height between floor and ceiling.

 

Street:  A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.

 

Structure:  Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

 

Temporary Use or Building:  A use or building permitted by the Village Council to exist during periods of construction of the main building or use, or for special events, as a Special Condition Use.

 

Use:  The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

 

Variance: A departure from the literal provisions of the Zoning Ordinance authorized by the ZBA.  Use variances are allowed uses not specifically listed as permitted allowed uses in a given district.  Non–use variances allow for departures from other requirements of the ordinance including lot size, depth or width, building setbacks, etc.

 

Wall, Obscuring:  A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this Ordinance.

 

Yards: The open spaces on the same lot with a main building that are unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance, and as defined herein:

 

a.         Front Yard:  An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

 

b.         Rear Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

 

c.         Side Yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.