The words and terms set forth below, wherever they occur in this Title, shall be interpreted as herein defined.
ACCESSORY STRUCTURE OR USE: A subordinate building or a portion of a main building, the use of which is incidental to that of the dominant use of the main building or land. An accessory use is one which is incidental to the main use of the premises.
AGRICULTURAL ACTIVITY: Includes general farming and animal husbandry, pasturage, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting but not including commercial seed, fertilizer, grain mills, food processing, or canning operations which require retailer occupations or other State license.
AGRICULTURE: Land, or land, buildings and structures the principal use of which is growing farm or truck garden crops, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, or animal and poultry husbandry and uses customarily incidental to agricultural activities, including but not limited to farm dwellings for tenants and full-time hired farm workers and dwellings or lodging rooms for seasonal workers.
ALLEY: A public or private way not more than thirty feet (30') wide providing secondary access to abutting property.
AUTOMOBILE SERVICE STATION: A premises used for the sale at retail of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles, or for installing or repairing parts and accessories, but not to include body shops and major engine rebuilding.
BASEMENT: A story the floor line of which is below grade at any entrance or exit and the ceiling of which is not more than five feet (5') above grade at any such entrance or exit.
BOARDING HOUSE: A building (other than a motel, apartment hotel, or hotel) wherein, for compensation and by prearrangement for a definite period, meals and/or lodging are provided.
BUILDING: Any structure having a roof supported by columns or walls, for the shelter or enclosure of persons, animals, equipment, machinery or materials (see also Structure).
BUILDING HEIGHT: The vertical distance from the average contact ground level to the highest point of the building.
BUILDING LINE: The line beyond which no building or part thereof shall project, except as otherwise provided by this Title.
BUILDABLE WIDTH: The width of the lot remaining to be built upon after the side yard is provided.
CAMP OR CAMPGROUNDS: Tracts of land of a design or character suitable for and used for seasonable, recreational, and other similar living purposes. The tracts may have located on them a structure of a seasonable, temporary, or movable nature such as a cabin, hunting shelter, or tent.
CAMPER TRAILER: A vehicle, other than a motor vehicle, designed or intended for use for recreational and camping purposes, which has no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which has been or reasonably may be equipped with wheels or other devices for moving it from place to place by motor power.
CELLAR: A structure having more than one-half (1/2) of its height below the grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
CITY COUNCIL: The City Council of the City of Barry.
CLINIC: An establishment wherein patients are admitted for examination and treatment by a physician or a dentist or by a group of physicians and/or dentists practicing together professionally.
CLUB: Structures and facilities owned or operated by a corporation, association, person, or persons, for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
COMMERCIAL FEED LOT: Premises devoted to the feeding of livestock, where the operation is not a part of agricultural activity.
COMMISSION: The Planning Commission of the City of Barry.
CONDITIONAL USE: A use of such variable nature as to make control by rigid pre-regulation impractical. After due consideration in each case, by the City Council,upon receiving a report and recommendation of the Plan Commission and/or Zoning Board of Appeals relative to the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, approval of a conditional use may or may not be granted by the City Council.
COURT: An open space more than one-half (1/2) surrounded by buildings.
DISTRICT: A section or sections of the City of Barry for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DWELLING: Any building or portion thereof designed or used exclusively as the residence or sleeping place of one person or more but not including a tent, cabin, camper trailer, hotel, or motel.
DWELLING, MULTIPLE: A building designed to be occupied by three (3) families or more.
DWELLING, SINGLE-FAMILY: A building designed to be occupied by one family.
DWELLING, TWO-FAMILY: A building designed to be occupied by two (2) families.
DWELLING UNIT: One room or more occupied or intended to be occupied as separate living quarters by one family as defined herein.
FAMILY: One person or a group of persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a "boarding house", "lodging house" or "hotel" as herein defined.
FARM: An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms with necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided, further, that farming does not include the feeding of collected garbage or offal to swine or other animals.
FENCE: A structure for enclosure or screening usually without a roof.
FLOOR AREA: The square-foot total of the floor space within the outside walls of a building, excluding porches, garages, and basements and cellars used for storage and incidental purposes. However, if the cellar, basement, or garage is used for residential, business, or commercial purposes, it is counted as a floor, and the floor area is computed in determining off-street parking.
FRONTAGE: All property on one side of a highway, road, street, alley, or other public way.
GARAGE, PRIVATE: A detached accessory structure or portion of a main building, housing the vehicles of the occupants of the premises.
GARAGE, PUBLIC: A structure or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, and/or parking of motor vehicles. The term "repairing" does not include dismantling of junked vehicles.
GARAGE, STORAGE: Any premises used for storing motor vehicles.
GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of a structure.
HOME OCCUPATION: An activity carried on in a residential premises in connection with which there is no more than one person, other than the immediate family residing on the premises, is employed and there is only one sign or nameplate, not more than one square foot in area. No display that indicates from the exterior that the building is being utilized in whole or in part for any purposes other than that of a dwelling shall be permitted.
HOTEL: A building in which lodging is provided to the public for compensation, and which is open to transient guests in contradistinction to a "boarding", "lodging", or "rooming house" as herein defined.
HOUSE TRAILER: See Mobile Home.
INSTITUTION: A premises occupied by a nonprofit corporation for public use.
JUNK YARD: An open area with or without accessory buildings where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an automobile wrecking yard, but does not include such activities conducted entirely within enclosed buildings, nor does it include an establishment located in an industrial district engaged only in the processing of scrap iron or other metals to be sold specifically for the manufacture of steel or metal alloys.
KENNEL: An establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.
LANDSCAPED AREA: An area that is permanently devoted to shrubbery, grass, and other plants.
LOADING SPACE: A space within the main structure, or on the same lot, for the standing, loading, or unloading of vehicles, having a minimum area of five hundred forty (540) square feet, a minimum width of twelve feet (12'), a minimum depth of thirty five feet (35'), and a vertical clearance of at least fourteen and one-half feet (141/2').
LODGING HOUSE: See Boarding House.
LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one lodging room.
LOT: A parcel of land occupied or intended for occupancy by a use permitted by this Title, including one main structure together with its accessory structures and open spaces and parking spaces required by this Title.
LOT, CORNER: A lot abutting upon two (2) or more highways, roads, streets, alleys, or other public ways, at their intersection.
LOT DEPTH: The mean horizontal distance between the front and rear lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting highways, roads, streets, alleys, or other public ways, distinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT OF RECORD: A lot, the plat or deed of which has been recorded prior to the adoption of this title.
LOT WIDTH: The width of a lot at the front yard line.
LOT, ZONING: A parcel of land recorded as a lot, occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory uses meeting all the requirements for area, buildable area, frontage, width, yards, setbacks, and other requirements set forth in this title.
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the department of agriculture to provide necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSING ORGANIZATIONS: A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia or related supplies and educational materials to registered qualifying patients.
MOBILE HOME: A single-family dwelling unit that has the following characteristics:
A. Designed for long term occupancy containing sleeping accommodations, flush toilet, tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
B. Designed to be transported after fabrication on its own wheels, flatbed, other trailers or detachable wheels.
C. Arrives at site where it is to be occupied as a dwelling unit complete with major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.
MOBILE HOME PARK: A lot, parcel, or tract of land upon which two (2) or more occupied trailer coaches or mobile homes are harbored either free of charge or for revenue purposes, including any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park.
MOTEL: Any building or group of buildings containing guestrooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building, with garage or parking area located on the lot, and designed, used, or intended wholly or in part for accommodation of automobile transients.
MOTEL COURT: See definition of Motel.
MOTOR LODGE: See definition of Motel.
NONCONFORMING STRUCTURE: A structure which lawfully occupies a tract of land at the time of adoption of this title, and which does not conform with the regulations of the district in which it is located.
NONCONFORMING USE: A use which lawfully occupies a building or land at the time of adoption of this title, and which does not conform with the use regulations of the district in which it is located.
NURSING HOME: A home for the aged or infirm in which three (3) persons or more not of the immediate family are received, kept, and provided with food, shelter, and care, for compensation.
OPEN AREA: That part of a lot on which there is no structure or agricultural activity.
PARKING SPACE: An area, enclosed or unenclosed, sufficient in size to store one vehicle (not less than 9 feet wide and 20 feet long), permitting ingress and egress of a vehicle without the necessity of moving any other, and connected by a driveway with a highway, road, street, alley, or other public way.
PERMITTED USE: A use which may be lawfully established in a particular district, provided it conforms with all requirements and regulations of such district.
PREMISES: A tract of land together with all structures thereon.
RESIDENCE: A dwelling that one or more persons occupies for the primary purpose of living and sleeping.
ROOMING HOUSE: See definition of Boarding House.
SANITARY LANDFILL: A method of disposing of refuse by spreading and covering with earth to a depth of two feet (2') or more on the top surface and one foot (1') or more on the sides of the bank.
SERVICE STATION, FILLING STATION, GAS STATION: Any building or premises, the principal use of which is the dispensing, sale, or offering for sale at retail of any motor vehicle fuel or oils. Open storage shall be limited to no more than four (4) vehicles stored for minor repair bearing current license plates. Such storage shall not exceed seventy two (72) hours' duration and shall not permit the storage of wrecked vehicles.
SETBACK, BUILDING: The minimum horizontal distance between the front line of a building or structure and the front lot line.
SIGN: An identification, description, illustration, or device which is directly or indirectly affixed to or painted on a structure or land and which calls attention to a product, place, activity, person, institution, or business.
A. Advertising Devices: Banners affixed to poles, wires, or ropes; streamers; wind operated items; flashing lights; and other similar items.
B. Ground Sign: Any sign supported by at least two (2) uprights, posts, or braces placed upon or affixed in the ground and not attached to any part of a structure.
C. Marquee Sign: Any sign affixed to a marquee over the entrance to a building and supported from the building.
D. Post Sign: Any sign supported by a single stationary post or pole.
E. Roof Sign: Any sign erected, constructed, maintained, or painted on the roof of a structure.
F. Wall Sign: Any sign or poster painted or affixed to the front, side, or rear wall of a structure.
SIGN AREA: The total area used for the identification, description, and illustration, including background structures, decorations and additions which are integral parts of the sign. The sign support is not included in determining the area of a sign. A double faced sign has twice the total area of a single faced sign.
STREET: A public way which affords the principal access to abutting property. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, trafficway, thoroughfare, or any other similar term.
STREET CENTERLINE: A line halfway between the two (2) street lines.
STREET LINE: A dividing line between a lot and a contiguous street.
STRUCTURAL ALTERATION: Any change, except those required by law or ordinance, in the supporting members of a structure, such as bearing walls, columns, beams, and girders.
STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
THOROUGHFARE: A street with a high degree of continuity which serves as an intrastate, an intracounty, or interstate highway, or as an arterial trafficway between the various areas of the city. It affords a primary means of access to abutting properties except from thoroughfares classified as freeways or other limited access routes not containing frontage roads.
TOURIST PARK: See definition of Mobile Home Park.
TOWNHOUSE: A building comprised of single-family dwelling units erected in a row as a single building on adjoining lots, each separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line, and having a yard space on the front, rear, and both sides.
TRAILER: See definition of Camper Trailer.
TRAILER PARK: See definition of Mobile Home Park.
UTILITIES: Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, electric power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulations stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
VARIATION: A relaxation of the terms of this zoning title where such variation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As used in this title, a variation is authorized only for height, area, and size of structures or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variation, nor shall a variation be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
YARD: An open space on a lot, other than a court.
YARD DEPTH: The shortest horizontal distance from a lot line to the adjacent front, rear, or side line of the main structure.
YARD, FRONT: The area across the width of a lot, extending from the front line of the main structure to the front line of the lot.
YARD, REAR: The area across the width of a lot, extending from the rear line of the main structure to the rear line of the lot.
YARD, SIDE: The area between a side line of the main structure and the adjacent side line of the lot, extending from the front line of the lot to the rear line of the lot.
YARD WIDTH: The shortest horizontal distance between the opposite side lines of a lot.
ZONING ADMINISTRATOR 1 : The individual appointed by the city council to administer and enforce the provisions of this zoning title and make such determinations, interpretations and orders as are necessary therefor, and require such plats, plans, and other descriptive material in connection with applications for permits as are necessary in order that said administrator may judge compliance with this title. (Ord. 90-3, 9-12-1990 as amd. 11-5-1990; amd. 1997 Code; Ord. 2014-4, 7-2-2014)
Notes
| 1 | 1. See section 10-2-2 of this title. |