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.
