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1. A person desiring a variance shall fill out and submit to the Village Clerk a "Zoning Form" together with a fee of $5.00. 2. The appncatwit shall be referred to the Bnard of Appeals which shall submit a report to the Village Council. 3. The petitioner shall appear before the Board of Appeals in order to answer questions. 4. The report of the Board of Appeals shall be sent simultaneously to the Planning Commission and to the Village Council. This report shall be considered by the Planning Commission at its next regular hearing after receipt of the same, or at such special meeting held before that time as the Planning Com- mission shall deem proper. The report of the Board of Appeals shall be placed on the agenda of the Village Council at its next regular meeting after the matter has been considered by the Planning Commission, or at any special meeting held by the Council thereafter if the Council sees fit to place it on the agenda of such special meeting. At such meeting the Council shall consider the report of the Board of Appeals and the report, if any, of the Planning Commission thereon. In the absence of a report from the Plan- ning Commission or a request from the Planning Commission that consideration by the Council be deferred, it shall be conclusively presumed by the Council that the Planning Commission has no objection to the report and recommend- ation of the Board of Appeals. The Council may then grant the variance if it determines that the variance is per- missible in accordance with the forego- ing standards. Section VI: Rules and Definitions The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction : 1. The singular number includes the plural, the plural the singular. 2. The present tense includes the past and the future tenses, and the future the present. The word "shall" is mandatory while the word. "may" is Permissive. 4. The masculine gender includes the feminine and neuter. 5. All measured distances shall be to the nearest integral foot. If a fraction is one-half foot or less, the integral foot next below shall be taken. 6. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Accessory Use or Structure The use or structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto. Agriculture Uses Those uses associated with the grow- ing of produce on farms. These include: field crop farming; fruit growing; tree, shrub, plant or flower nursery without building: truck gardening; roadside stand for sale in season of products grown on premises; but not including livestock raising and feeding, fur farms, commercial animal feed lots, and ken- nels except as otherwise provided by the Village Codes and Ordinancs. Apartment An approved (special use permit) ef- ficiency unit or suite of roomswith cooking facilities which is occupied as a residence by a single family. Includes buildings with two or more dwelling units, and efficiency units. Automobile Service Uses Those uses catering to the motorist traveling along the highway. These in- clude: auto laundry; eating establish- ments; motels, public garages; repair garages; seasonal produce stands; ser- vice stations, motor vehicle sales, trailer sn'es and rental, boat sales, rental ser- vices. Auto -Wrecking Yard Any open space where three .,r more vehicles are stored which are not reg- istered and which do not possess current state auto licenses. Basement A portion of a building located part- ially underground but having less than one-half its floor to ceiling height be- low the average land grade. Boarding House (Rooming or Lodging House) A building containing lodging rooms accommodating, for compensation, three or more persons, but not exceeding 12, who are not of the keeper's family. Lodging may be provided with or with- out meals. Bui!ding Any structure which is built for the support, shelter or enclosures of persons, animals, chattels or movable property of any kind which is permanetly affixed to the land. Building Height A vertical distance to he measured from the mean finished ground level to the top of a flat roof, to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, to the deck line of a mansard roof, to the up- permost point on all other roof types. Business Any occupation, employment or en- terprise wherein merchandise is exhib- ited or sold or which occupies time, at- tention, labor and materials, or where services are offered for compensation. Cellar That portion of a building having more than one-half of the floor to ceiling height below the average land grade. A cellar shall not be counted as a story for purposes of height measurement. Church A building, together with its access- ory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is main- tained and controlled by a religious body organized to sustain public worship. Club or Lodge A club or lodge is a non-profit asso- ciation of persons, who are bona fide members Paying dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provid- ing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, providing such serving is secondary anincidental to the operation of the did ning room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable Federal, State and Municipal laws. Commercial Recreation Bowling alley, golf, pool hall, dance hall, skating, tavern, theater, indoor firearms range, and similar uses. Domestic Animals Dogs, cats, birds, and other commonly - known household pets but not exceed- ing four in total for any one dwelling unit, not more than two of which may be dogs. Drive -In Business Any business or establishment offer- ing to the public a service or food, whether dairy products or any other food item, where it is not necessary that the customer enter the building on the prem- ises to make the purchase or obtain the service. In general such business pro- vide parking space on the premises for the customers, although this is not a required part of the definition. Any bus- iness offering prepared food or dairy products by delivery to the customer in the vehicle or for possible consumption by the customer in the vehicle is includ- ed as a drive-in business, except as here- inafter provided. By way of illustration, but without limitation, drive-in business- es include the following: drive-in theater, drive-in bank, drive-in cafe, and drive- in laundry or dry cleaning station. Grocery stores, confectionery stores, or dru!r stores which offer "takehome" food services as an incidental part of their business shall not be considered a drive-in business. It is recognized that automobile ser- vice stations are a drive-in business with. in the meaning of this general defini- tqn, but they are excluded from the de- finition as used herein since they are treated separately in this ordinance and are defined separately, and are consider- ed to be such a vital type of drive-in business that they should be defined and treated separately. Licenses for drive-in businesses are the subject of a separate ordinance. Dwelling Unit A residential building or portion there- of intended for occupancy by a family but not including hotels, motels, board- ing or rooming houses, tourist homes or trailers. Exterior Storage (includes open storage) The storage of goods, materials, equip- ment, manufactured products and sim- ilar items not fully enclosed by a build- ing. Family A family is: a. An individual, or two or more per- sons related by blood, marriage or adoption living together, or b. A group of not more than three pre - sons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of usual servants. Farm Animals Cattle, horses, goats, sheep, swine fowl, bees, fur bearing animals, and sim. ilar animals. Flour Area The sum of the gross horizontal area: of the several floors of the building or portion thereof devoted to a particular use, including accessory storage area: located within selling or working space such as counters, racks or closets, and any basement floor area devoted to re- tailing activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not include: basement floor area other than area devoted to retailing activities; the production or processing of goods, or to business or professional offices. The floor area of a residence shall not include the area of attached garages, enclosed breezeways or porches, or basement area. Garage, Private An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon . the premises, and in which no business, service or in- dustry is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, ex- cept that all the space in a garage of one or two car capacity may be so rent- ed. Such a garage shall not be used for more than one commercial vehicle. The load capacity of such commercial ve- hic!e shall not exceed one ton. Garage, Public A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for renum- oration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use. Garage, Repair A building or space for the repair or maintenance of motor vehicles but not including factory assembly of such ve. hicles, auto wrecking establishments or junk yards. Home Occupation Any gainful occupation or profession engaged in by the occupant of a dwell- ing at or from the dwelling when car. ried on within a dwelling unit and not in an accessory building provided that no signs other than those normally util- ized in a residential district are present, no stock in trade is stored on the prem- ises, over-the-counter retail sales are not involved, and entrance to the home oc- cupation is gained from within the structure. Such usrs include professional offices, minor repair services, photo or art studio, dressmaking, or teaching limited to four (4) students at any one time and similar uses; however, a home occupation shall not be interpreted to include barber shops, beauty shops, tourist homes, restaurants, or similar uses. No home occupation shall be per- mitted that creates the need for more than three parking spaces at any given time in addition to the parking spaces required by the occupants; in no event shall such number exceed a total of five spaces. No home occupation shall b= permitted in any accessory building. Hotel A building which provides a common entrance, lobby, halls and stairway and in which lodging is offered with or with- out meals to 13 or more guests. Institutional Housing Students housing (4 or more students on rental basis), rest home, hospitals, sanitariums, nursing home, convalescent home, orphan's home. Junk Yard An open area where waste, used, or second hand materials are bought, sold, exchanged, stored, baled, packed, dis- assembled or handled, including, but not limited to, scrap iron and other metals• paper, rags, rubber, tires and bottles. A junk yard includes an auto wrecking yard but does not include uses estahlish. ed entirely within enclosed buildings. Landscaping Planting such as trees, grass, and shrubs. Lodging Room A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bath- room. In a suite of rooms without cook- ing facilities, each room which provides sleeping accommodations shall be count- ed as one lodging room. Lot (Of Record) A parcel of land, whether subdivided, or otherwise legally described as of the effective date of this Ordinance, or ap- proved by the Village as a lot subsequent to such date and which is occupied by or, under this ordinance and other ap- plicable ordinances, is suitable for oc- cupancy by one principal building or principal use together with any accessory buildings and such open spaces as are required by this Ordinance, and having its principal frontage upon a.street. Lot, Corner A lot situated at the junction of and abutting on two or mogg intersection streets; or a lot at the point of deflec- tion in alignment of a single street, the interior angle of which is 135 degrees or less. Lot, Front of The front of a lot shall be, for the purposes of complying with this Ordin- ance, that boundary with the least width abutting a public right-of-way. The owner of a corner lot may select either street lot line as the front lot line sub- ject to approval by the Building In- spector. Lot Line A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. Lot, Through A lot which has a pair of opposite lot lines abutting two substantially -parallel streets, and which is not a corner lot. On a through lot both street lines shall be front lot lines for purposes of ap- plying this ordinance. Lot Width The mean horizontal distance between the side lot lines at the front set -back line. Manufacturing All uses which include the compound- ing, processing, packaging, treatment, or assembly of products and materials provided such use will not generate of- fensive odors, glare, smoke, dust, noise. vibrations, or other objectionable influ- ences that extend beyond the lot on which the use is located. Generally, these are industries dependent upon raw materials refined elsewhere. Such uses include but are not limited to the following: lumber yard; machine shops: products assembly; sheet metal shops; p!astics, electronics; general vehicle re- pair, body work, and painting; contract- ors shops and storage yard; food and non-alcoholic beverages; signs and dis- plays; printing; publishing; fabricated metal parts; appliances, clothing; tex- tiles; used auto parts. Heavy Industry All manufacture, compounding, pro- cessing, packaging treatment, or assem- bly of products and materials that may emit objectionable and offen- sive influences beyond the lot on which the use is located. Such uses include but are not limited to the fol- lowing: sawmills; refineries; commerc- ial feed lots: acid; cement; explosives; flour, feed, and grain milling or stor- age; meat packing; slaughter houses; coal or tar asphalt distillation; render- ing of fat, grease, lard or tallow: alco- holic beverages; poisons, exterminating agents; glue or size; lime; gypsum, plaster of Paris: tanneries; automotive parts, paper and paper products; glass, chemicals, crude oil and petroleum pro- ducts including storage; electric power generation facilities, vingear works: junk yard; auto reduction yard; found- ry, forge, casting of metal products; rockstone, cement products. Medical Uses Those uses concerned with the diag- nosis, treatment, and care of human be. ings. These include: hospitals, dental services, medical services or clinic. Miscellaneous Industry Manufacture, warehousing, and whole- saling of food, clothing, non-alcoholic beverages, lumber yard, sign and dis- play rack, printing and publishing; boat and marine sales. Mobile Home Park (Trailer Park) Any premises on which are parked one or more occupied trailers, or any prem- ises used or held out for the purpose of so supplying to the public a parking space for one or more of such trailers, does not include sales lots on which auto- mobiles or unoccupied trailers —new or used —are parked for purposes of in- spection or sale. Motel (Tourist Court) A building or group of detached, semi- detached, or attached buildings contain- ing guest rooms or dwellings, each of which has a separate outside entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommoda- tion of automobile transients. Multiple Residence (Apartment Building)