For the purpose of this chapter certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined herein shall be given their usual meanings except where the context clearly indicates a difference or specific meaning.
ACCESSORY BUILDING or USE. A building or use which is customary or necessary but subordinate to the main use of the building or land, and which is located on the same lot or parcel of land as the main building or use.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property.
BASEMENT. A story having at least two feet, but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for any purpose other than storage, parking, heating, cooling and similar accessory purposes or for the dwelling of a janitor employed on the premises.
BILLBOARD. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
BOARDING HOUSE. A building, other than a hotel where, for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons but not exceeding 12 persons.
BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind. The word BUILDING includes the word STRUCTURE.
BUILDING HEIGHT. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof, or (c) the average height between eaves and ridge for gable, hip and gambrel roofs.
BUILDABLE WIDTH. The width of the lot left to be built upon after the side yards are provided.
CELLAR. A story having more than one-half of its height below grade and not used for dwelling purposes. A CELLAR is not included in computing the number of stories for the purpose of height measurement.
CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
CLUB. Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily carried on as a business.
DISTRICT. A section or sections of the town or of the contiguous unincorporated territory within the jurisdiction of the Albany Plan Commission for which the requirements governing the use of buildings and premises, the height of buildings, the size of yards, the requirements for off-street parking and the intensity of use are uniform.
DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including one-, two-, and multiple- dwelling units, home trailers, mobile homes, portable homes, hotels, motels, boarding and lodging houses, tourist courts or tourist homes. The word DWELLING includes the word RESIDENCE.
DWELLING, MULTIPLE-FAMILY. A building designed for or occupied exclusively by three or more families.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families.
FAMILY. An individual or two or more persons living together as a single housekeeping unit in a dwelling.
FENCE. A free standing device made of metal, masonry, masonry or stucco wall, PVC/vinyl, composition or wood or any combination thereof, resting on, or partially buried in the ground and rising above ground level, and used for confinement, screening protection or partition purposes.
FILLING or SERVICE STATION. Any land, building structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles and excluding public garages.
FRONTAGE. All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE. An accessory building housing vehicles owned and used by occupants of the main building. A PRIVATE GARAGE may not house more than one commercial vehicle.
GARAGE, PUBLIC. A building or portion thereof other than a private or storage garage designed or used for equipping, servicing, repairing, hiring, selling or storing of motor driven vehicles are not equipped, repaired, hired or sold.
GARAGE, STORAGE. See SUBDIVISION.
GRADE. The average level of the finished surface of the ground for buildings more than five feet from a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, the average sidewalk elevation shall be used. If there is no sidewalk, the Administrative Officer shall establish the sidewalk grade.
HOME OCCUPATION. An activity carried on by a member of a family residing on the premises but excluding a beauty shop, barber shop, music school, convalescent or nursing home, professional office, tourist home or other establishment offering services to the general public. A home occupation will show no signs or display to indicate from the exterior of the building that it is being utilized, in whole or in part, for any purpose other than a member of the family residing on the premises, and uses no mechanical equipment except as is customary for domestic or household purposes.
IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction enlargement or moving of a building or structure referred to therein complies with the provisions of this chapter.
INSTITUTION. A nonprofit establishment for public use.
JUNK. Metal, glass, paper, cordage or other waste or discarded material which may be treated or prepared so as to be used again in some form.
JUNK YARD INCLUDING AUTOMOBILE WRECKING. A lot or portion thereof used for the storage, dismantling, keeping or abandonment of junk, including non-operating motor vehicles.
KENNELS. A use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats or both, or the keeping of four or more dogs over four months of age, or keeping six or more cats over four months of age, or the keeping of more than five dogs and cats.
LANDING FIELD or STRIP. A facility for the takeoff and landing of aircraft which does not offer service, fuel or lubricants to the public.
LOADING BERTH. A space within a main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 12 by 35 feet and vertical clearance of at least 14 feet.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a public street or upon an officially approved private street.
LOT, CORNER. A lot abutting on two or more streets at their intersection.
LOT, DOUBLE FRONTAGE. A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Delaware or Randolph Counties prior to the adoption of this chapter; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder prior to the adoption of this chapter.
LOT WIDTH. The width of the lot at the required building line.
MANUFACTURED HOUSING. Any housing unit or units factory assembled in whole or in part, designed to be transported to a construction site and intended primarily for permanent occupancy as a residence.
MOBILE HOME. A factory-fabricated dwelling unit built on a chassis and designed for transportation on public thoroughfares and also designed to be used for year-round living when connected to the required utilities. It shall exceed the dimensions of 8 feet or more wide and 30 feet or more long. A recreational vehicle is not to be considered a MOBILE HOME.
MOBILE HOME PARK. Any lot, parcel or tract of land used for the parking of two or more mobile homes.
MOBILE PROPERTY-PORTABLE HOME. Any dwelling, structure or vehicle, so designed to permit living quarters or shelter for people, that could be conceivably moved over the public streets or highways, shall be considered mobile property.
MODULAR HOME. A factory-fabricated transportable module designed to be used along or to be incorporated with similar modules at a building site and designed and constructed with a perimeter frame to become a permanent structure on a site, with all outside walls supported by a permanent foundation.
MODULE. A factory fabricated sub-unit designed to be transported to a building site for incorporation with other modules into a building.
MOTEL. A building or group of buildings used primarily for the temporary residence of motorists or travelers.
NONCONFORMING USE. Any building or land lawfully occupied by a use at the time of passage of this chapter or amendment hereto which does not conform after the adoption of this chapter or amendments hereto with the use regulations of the district in which it is located.
NURSING HOME. A home for the aged, chronically ill or incurable persons except mental or alcoholic patients in which three or more persons are received, kept or provided with food and shelter and care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
PARKING LOT. Any place, lot, parcel or yard used in whole or in part for storage or parking of two or more vehicles where such usage is not incident to or in conjunction with a dwelling, or other use permitted in dwelling districts and located on the same tract.
PARKING SPACE. A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for temporary storage of one automobile and connected with a street or alley by a surface driveway which affords satisfactory ingress and egress for automobiles.
PRIVATE CLUB. A recreational or social facility operated by a nonprofit organization, which is operated only for the membership of the organization and shall not be open to the public.
RECREATIONAL VEHICLE. A temporary dwelling for travel, recreation and vacation use including but not limited to: travel trailer, pick-up coach, motor home, and camping trailer.
RECREATIONAL VEHICLE PARK. Any lot, parcel or tract of land used for the placement of two or more recreational vehicles.
SHALL. Mandatory and not permissive.
SIGN. An identification, description, illustration or device which is affixed to, or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.
STORY. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, then the space between the floor and the ceiling next above it.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and exterior wall face not more than three feet above the top floor level and in which space not more than two- thirds of the finished floor area is finished for use.
STREET. A public right-of-way or a private street which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONS. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other ordinances.
STRUCTURE. Anything constructed or erected the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts and pergolas.
SWIMMING POOL. A pool, pond, lake or open tank containing at least 1 feet of water at any point and maintained by an owner or manager.
TEMPORARY HOUSING (TRAVEL TRAILER or CAMPER). A vehicle or other portable structure designed to move on the highway, not under its own power, and designed or used as a temporary dwelling.
TOURIST HOME. An establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
YARD. An open space on the same lot with a building, unobstructed by any portion of a structure or building from the ground upward, except as otherwise provided herein.
YARD, FRONT. A yard across the front of a lot between the side lot lines. The FRONT YARD of a corner lot shall be adjacent to that street on which the lot has its least dimension.
YARD, REAR. A yard across the rear of a lot between the side lot lines. The REAR YARD shall, in all instances, be opposite end of the lot from the front yard.
YARD, SIDE. A yard between the front and rear yards.
(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2012-20, passed 9-10-12)