For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises. In no event shall a lot which is not contiguous to the principal use be considered an accessory use.
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE. A commercial
establishment which has a substantial (30% or more) portion of its revenues, floor space or advertising associated with the sale or rental for any form or consideration, of any one or more of the following:.
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes slides, tapes, records, CD-roms or other forms of visual or audio representations which meet the definition of “harmful to minors,” under I.C. 35-49-2-2 and/or represent or display “sexual conduct” as defined in I.C. 35-42-4-4.
(2) Instruments, devices or paraphernalia which are designed for use in connection with “sexual conduct” as defined in I.C. 35-42-4-4.
ADULT ARCADE. A commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons per machine at any one time, in which a substantial portion (30% or more) of the total presentation time of the images so displayed is devoted to the showing of material which meets the definition of “harmful to minors” as specified in I.C. 35-49-2-2 and/or represents or displays “sexual conduct” as defined in I.C. 35-42-4-4.
ADULT CABARET. Nightclub, bar, restaurant, or similar establishment which features live performances which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or represents or displays “sexual conduct” as defined in I.C. 35-42-4-4 to a clientele who pays any form of consideration for the live performance.
ADULT MOTION PICTURE THEATER. An indoor or outdoor facility with a capacity of six or more persons, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (30% or more) of the total revenue derived from or substantial time (30% or more) is devoted to the showing of material which meets the definition of “harmful to minors” as defined in I.C. 35-49-2-2 and/or displays “sexual conduct” as set forth in I.C. 35-42-4-4, for observation by patrons.
ADULT THEATER. A theater, concert hall, auditorium or similar establishment, either indoor or outdoor, which for any form of consideration, regularly features live performances, a substantial portion (30% or more) of the total presentation time are distinguished or characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or “sexual conduct” as set forth in I.C. 35-42-4-4.
AGRICULTURAL LABOR CAMP or MIGRANT WORKER CAMP. Includes one or more
dwellings, mobile homes, tents or vehicles, together with the land appertaining thereto, established, operated, or used as living quarters for five or more adult, seasonal or temporary workers engaged in agricultural activities, including related food processing.
AGRICULTURAL USES. The use of a tract of land, for normal agricultural activities including farming and dairy farming, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating, storing or selling the produce, provided that the operation of any accessory uses shall be secondary to that of the normal agricultural activities.
AMORTIZATION. The process of discontinuing nonconforming land uses.
BOARD. The Board of Zoning Appeals.
BUILDING. A structure having a roof supported by columns or walls designed, built or used for the enclosure, shelter or protection of persons, animals, chattels or property. At no time shall this definition be construed to include mobile homes.
BUILDING, DETACHED. A freestanding building having no structural connection with another building.
BUILDING, MAIN. The building which constitutes the principal use of a lot.
BUILDING, NONCONFORMING. A building, lawfully existing at the time this chapter becomes effective, with the regulations set forth in this chapter applicable to the district in which the building is located.
BUILDING, SEMI-DETACHED. A main building having one wall in common with the adjacent main building.
BUILDING HEIGHT. Where the front of the building is contiguous to the street right-of-way line, the vertical distance measured from the adjoining street centerline.
BUILDING SETBACK LINE. The line, established by this chapter, which a building shall not extend beyond unless the line is varied according to procedures in the chapter. This may be applicable to the front, side and/or rear yard.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of a cemetery.
CERTIFICATION OF OCCUPANCY. A certificate issued by the Zoning Administration stating that the occupancy and use of land or building referred to therein complies with this chapter.
CHURCH. A building wherein persons regularly assemble for religious worship which is used only for that purpose and those customarily associated accessory uses.
CITY. The City of Berne, Indiana.
CITY PARK. Property owned by the city and designated for use as a park for recreational activities.
CLERK-TREASURER. The Clerk-Treasurer of the City of Berne.
CLINIC or MEDICAL HEALTH CENTER. An establishment where two or more licensed physicians or dentists engage in active practice and where human patients are examined and studied but not hospitalized overnight.
COMMISSION. The City Plan Commission.
COMMON COUNCIL. The Common Council of the City of Berne.
CONDOMINIUM. Real estate which may be defined as a CONDOMINIUM under I.C. 32-1-6-1, the Indiana Horizontal Property Law.
COUNTY. Adams County, Indiana.
COURT. An open unoccupied space on the same lot with a building or group of buildings and bounded on three or more sides by the building or buildings.
COVENANT or DEED RESTRICTION. A private legal restriction on the use of land contained in the deed to the property, normally applied to all lots in any subdivision.
DEVELOPMENT PLAN. A plot plan and supporting information, delineating the location and characteristics of structures, vehicular and pedestrian areas, utilities, storm water drainage, signage, landscaping, and other accessory facilities to be constructed, modified or reconstructed on a parcel or parcels of real estate.
DISTRICT or ZONE. Refer to ZONE, as defined in this section.
DWELLING. A structure or building or portion thereof, used exclusively for residential occupancy; including single-family, two-family and multiple-family dwellings, but not including hotels, motels, lodging or boarding houses or tourist homes.
DWELLING, MULTIPLE-FAMILY. A dwelling or portion thereof used for occupancy by three or more families living independently of each other.
DWELLING, MULTIPLE GROUP. A group of two or more multiple dwellings occupying a parcel of land in common ownership and having any yard, court, compound or service in common.
DWELLING, SINGLE-FAMILY. A dwelling used for occupancy by one family.
DWELLING, TWO-FAMILY. A dwelling, or portion thereof, used for occupancy by two families living independently of each other.
DWELLING UNIT. A dwelling or a portion of a two-family or multiple-family dwelling or of an apartment used by one family for cooking, living and sleeping purposes.
EASEMENT. An authorization or grant by a property owner to a specific person or to the public to use land for specific purposes.
EDUCATION INSTITUTION. Pre-primary, primary or grade, public, parochial or private school, high school preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high school for preparation of admission to college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization, or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business school as defined in this chapter.
ESSENTIAL SERVICES. Service lines, distribution systems and all appurtenances constructed or maintained for or by a utility company for the aforementioned uses, either private or governmental.
FAMILY. An individual, or a group of two or more persons related by blood, marriage or adoption, together with not more than three additional persons not related by blood, marriage or adoption, living together as a nonprofit single housekeeping unit. However, domestic servants employed on the premises may be housed on the premises without being counted as a member of the family.
FLOODPLAIN. The areas adjoining any river or stream which have been or may be expected hereafter to be covered by flood water as established from data supplied by the Division of Water of the Indiana Department of Natural Resources.
FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channels which are required to efficiently carry the discharge of flood water or flood flow of any river or stream.
FLOOR AREA, GROSS. The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the interior walls. It includes the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when the basement or cellar space is used for storage or other incidental uses. The gross floor area is generally applied in residential use.
FLOOR AREA, NET. The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms and the like in a nonresidential building.
GARAGE, PRIVATE. A privately-owned detached accessory building or a portion of a main building used as an off-street parking area where the capacity does not exceed three vehicles, or not more than two vehicles per family housed in the building to which the garage is accessory, whichever is the greater; not more than one-third of the total number of vehicles stored in the garage shall be commercial vehicles.
GARAGE, PUBLIC. Any building, other than a private garage, used as a public parking area or which is used for repair, rental, greasing, washing, servicing, adjusting or equipping of motor vehicles.
HAZARDOUS WASTES. Any solid or liquid waste with inherent dangers, including but not limited to toxic chemicals, explosives, pathological wastes, radioactive materials, flammable materials likely to cause fires, liquids, semi-liquids, sludges containing less than 30% solids, pesticides, pesticide containers, raw animal manure, septic tank pumpings and raw or digested sewer sludge.
HOME OCCUPATION. Any gainful occupation or profession conducted entirely within a dwelling, which use is clearly incidental and secondary to the use as a dwelling and carried on only by an occupant or an occupant's family residing in that dwelling, and in connection with which there is no commodity sold upon the premises except that which is produced by the home occupation.
HOME WORKSHOP OR BUSINESS. A gainful occupation or profession conducted entirely within a dwelling, or in an accessory building located on the same lot, parcel or tract of land as the dwelling, and carried on by an occupant or an occupant's family residing in that dwelling and by no more than two employees, associates or partners who are not members of the family, which use is clearly incidental and secondary to the use as a dwelling.
HOSPITAL. Sanitarium, sanatorium, or preventorium, provided the institution is operated by or treatment given under direct supervision of a physician licensed to practice by the State of Indiana and where human patients may remain overnight.
HOSPITAL, ANIMAL. A lot, building, structure, enclosure or premises whereon or wherein three or more dogs, cats and other domestic animals are kept or maintained and which is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the State of Indiana.
HOTEL and MOTEL. A building, group of buildings or portion thereof in which more than five guest rooms are provided as temporary accommodations for compensation to transient guests.
IMPROVEMENT LOCATION PERMIT. A permit issued by the Zoning Administrator, stating that the proposed erecting, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of this chapter.
INTENSIVE LIVESTOCK OPERATION. A confined livestock feeding operation conducted on a tract or adjacent tracts of land which meets the criteria set forth in §§ 152.145 through 152.152.
JUICE BAR. An adult cabaret which does not serve alcoholic beverages.
JUNK. Old scrap copper, brass, rags, batteries, paper, rubber, debris, iron, steel and other old or scrap ferrous or non-ferrous materials or junked, dismantled, abandoned or wrecked motor vehicles or parts of them.
JUNK YARD. An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile salvage yard, and the term shall include garbage dumps and sanitary landfills, but shall not include a scrap metal processing facility.
KENNEL. A lot, building, structure, enclosure or premises whereon or wherein dogs or cats are maintained, boarded, bred, kept or cared for in return for remuneration, or are kept for the purpose of sale or are groomed, trained or handled for others.
LOT. A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat in the office of the County Recorder and fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed street right-of-way shall be included.
LOT, CORNER. A lot abutting two or more streets at their intersection.
LOT, FRONT. That part of a lot adjacent to and parallel with the street. The front of a corner lot shall be determined at the time of application for the improvement location permit by either the owner, builder, developer or their agent and the Zoning Administrators.
LOT, INTERIOR. A lot with only one frontage on a street.
LOT DEPTH. The distance between the mid- points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
LOT LINES. Lines bounding a lot as follows:
LOT LINE, FRONT. The line running along the front of the lot and separating it from the street. In this chapter, the FRONT LOT LINE is called the “front street line.” In a through lot both lines abutting the streets are deemed front street lines.
LOT LINE, REAR. The lot line generally opposite and parallel to the front street line except in a through lot. If a REAR LOT LINE is less than ten feet long or the lot comes to a point at the rear, the REAR LOT LINE is assumed to be a line at last ten feet long, lying wholly within the lot, parallel to the front street line, or, if the front street line is curved, parallel to the cord of the arc of the front street line.
LOT LINE, SIDE. Any lot line other than a front street line or a real lot line. A SIDE LOT LINE separating the lot from a street is a “side street line.”
MANUFACTURED HOME. A dwelling unit designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 USC 5401 et seq.) or the
Indiana One and Two-Family Dwelling Code (675 I.A.C. 14-1) or the Indiana Uniform Building Code (675 I.A.C. 13-2 and 675 I.A.C. 13-3) in the case of multiple-family dwelling units, which was constructed after January 1,1981, which exceeds 950 square feet of occupied floor space and which is placed on a permanent foundation.
MASTER PLAN. The complete plan, or any of its parts, serving as a guide for the development of the city and the unincorporated area under the jurisdiction of the City Plan Commission prepared by or for the Commission and adopted by the Common Council in accordance with the authority conferred by I.C. 36-7-4 and all acts amendatory thereto, as is now or may hereafter be in effect.
MOBILE HOME. A single-family dwelling or vehicular, portable design built on a chassis and designed to be moved from one site to another and to be used without a permanent foundation. A recreational vehicle shall not be construed to mean a
MOBILE HOME in this chapter.
MOBILE HOME PARK. An area of land used for the parking of two or more mobile homes which are being used for dwelling purposes.
MOBILE HOME LOT. The area of land in a mobile home park intended for the parking of one mobile home.
MOTOR VEHICLE. Shall include automobiles, trucks, recreational vehicles, tractors, trailers, semi-trailers, airplanes, buses, farm implements, motorcycles and motor scooters, whether self- propelled or designed to be pushed, pulled or carried by another motor vehicle.
NONCONFORMING STRUCTURE. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which the building is located.
NONCONFORMING USE OF LAND. A lawful use of land which exists at the effective date of adoption or amendment of this chapter, that would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
NONCONFORMING USE OF STRUCTURE. A lawful use of a structure, or use of a structure and land in combination, which exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zone in which it is located under the terms of this chapter.
NUDE MODEL STUDIO. A place where a person who appears in a state of nudity is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons who pay money or any other form of consideration or the display is characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or “sexual conduct” as set forth in I.C. 35-42-4-4. This definition shall not apply to colleges or universities who are accredited by a nationally recognized accrediting organization.
NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state. BUTTOCK means either of the two rounded prominences on the human torso that are posterior to the hips and formed by the gluteal muscles to the hips and underlying structures.
PARKING AREA, OFF-STREET. An area other than on a street or alley, designed for use for the temporary storage of a motor vehicle.
PARKING AREA, PUBLIC. An area, other than a street or alley used for the temporary storage of four or more motor vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PEEP SHOW FACILITY. An establishment utilizing a device operated manually, mechanically, magnetically, electrically or electronically which exhibits, displays, projects or illuminates photographed, videotaped, or magnetically reproduced images, or exposes live entertainment to the viewer while the viewer is in a booth or stall, distinguished or characterized by an emphasis on matter depicting “sexual conduct” as defined by I.C. 35-42-4-4, or nudity for observation by patrons thereof.
PLANNED UNIT DEVELOPMENT. A development in which the developer wishes flexibility of district regulations governing lot size, yards, setbacks, and building location or size. A planned unit development may be a subdivision which is being developed as a unit under single ownership or control whose intent is to sell individual lots or estates, whether fronting on private or dedicated streets.
RECREATIONAL VEHICLE. A temporary dwelling for travel, recreation and vacation use, including but not limited to travel trailer, pickup coach, motor home, camping trailer and tent.
RECREATIONAL VEHICLE PARK. An area of land used for the parking of two or more recreational vehicles which are being used for temporary dwelling purposes.
REFUSE PICKUP OR TRANSFER STATION. An area where facilities are located for the temporary storage of refuse. These areas may serve as convenient collection points for refuse if contained in approved containers and removed to a final disposal site on a regular basis.
RELIGIOUS INSTITUTION. A church, synagogue, mosque, temple or building which is used primarily for religious worship of a supreme being or beings.
ROOT PARCEL OF LAND. Any parcel of land shown as a unit, or as contiguous units on the last preceding transfer of property prior to June 1, 1998.
SANITARY LANDFILL. A method of disposing of refuse or land without creating nuisances and hazards to public health, safety and welfare by utilizing principles of engineering and other practices to confine the refuse to the smallest practical volume, covering it with a layer of suitable cover at the conclusion of each day's operation (or at more frequent intervals as necessary), and operated in compliance with all federal and state environmental regulations and this chapter.
SCREENING. A structure erected or vegetation planted which eventually is of sufficient height and density for concealing all area from view.
SEXUAL ENCOUNTER CENTER. An enterprise that as one of its business purposes, offers for any form of consideration, the following:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) Activities between male and female persons and/or persons of the same sex where one or more persons appears in a state of nudity or where the
activities in subdivision (1) or (2) herein are characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or “sexual conduct” as set forth in I.C. 35-42-4-4.
SIGN. Any board, device, structure or part thereof used for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purposes of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.
NAME PLATE. A sign for residential housing units identifying the occupancy and address of the premises, and may include only house numbers.
SIGN, CONSTRUCTION. Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration, or repair of a building project or announcing the character of the building enterprise or the purpose for which the project is intended.
SIGN, ENTRANCE. A sign used to identify a planned district or platted subdivision with the intention of providing knowledge about the complete project and not a single entity or unit.
SIGN, FREESTANDING. A sign which is completely or principally self-supported by posts or other supports independent of any building.
SIGN, MARQUEE. A sign displayed, erected or supported upon an overhanging marquee, canopy, awning or other similar cover or shelter.
SIGN, OFF-PREMISES. Any sign advertising a business, use, activity, product or merchandise not sold, handled or occurring on the property on which the sign is located.
SIGN, ON-PREMISES. Any sign advertising a business, use, activity, product or merchandise that is sold, handled or occurring on the property on which the sign is located.
SIGN, POLITICAL. Any temporary sign pertaining to an election or a referendum or carrying the picture or name of a person seeking election or appointment to a public office.
SIGN TEMPORARY. A sign which is not permanently installed, such as an advertising display constructed of cloth, canvas, light fabric, cardboard or other light material.
STREET or ROAD. A public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law for the purposes of vehicular traffic. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name. For the purpose of this chapter, streets shall be classified as follows:
ARTERIAL THOROUGHFARE. This type of facility serves plainly to move through traffic. Indiana and U.S. marked routes are considered under this classification. Where a highway is a non-limited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.
PRIMARY OR MAJOR ROUTES. These facilities connect cities with each other as wall as to link smaller to towns or settlements with the arterial thoroughfare system. Primary routes provide access to abutting land and generally serve all principal traffic generators.
SECONDARY OR CONNECTOR ROADS. These facilities serve intra-city movements of traffic, such as that moving between a subdivision and major street. The principal difference between the connector road and streets or roads or higher classification is the length of trip each principally serves. They are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving larger volumes of traffic.
LOCAL OR RESIDENTIAL SHEETS. The sole function of these streets is to provide access to the immediately adjacent property. Local access streets are intended to carry low volumes of traffic.
STRUCTURE. Anything constructed, erected or placed which requires location on or in the ground, or attached to something having a location on or in the ground. Devices used for the support of wires or appurtenances supplying public utility services shall not be considered as structures under this chapter. A home satellite dish for television reception shall be considered a structure. Oil wells, derricks and related equipment including storage tanks shall be considered as structures. A transmission line and its towers and associated structures shall be permitted by the obtaining of one permit for the entire construction project in the city. If not enforceable due to conflicts with eminent domain, a map showing the location of lines and towers and other needed information shall be requested.
SUBDIVISION. The division of a root parcel of land. All subdivisions shall be classified as exempt subdivisions, minor subdivisions, or major subdivisions. There shall be no further division of a subdivision (includes a split-off from a root parcel) unless the further division is exempt as provided below.
EXEMPT SUBDIVISION.
(a) The division of a root parcel into not more than three parcels. This will allow two splits of a root parcel.
(b) A court ordered partition of land.
(c) The division of land by testamentary or intestate succession. This exemption does not include the division of land by estate personal representatives or by requested court orders where the court order is not merely fulfilling the terms of a testamentary or intestate transfer.
(d) The sale or exchange of parcels or parts thereof, between adjoining lot owners where the sale or exchange does not create additional building sites, such as where adjoining landowners exchange land in order to correct or straighten property lines.
(e) The division of land for purely agricultural purposes, not involving any new public ways or easements, and not reasonably expected to result in new building sites whether presently or in the future, and includes 20 acres of land per parcel.
(f) The sale or exchange of a parcel of land by contract, if the contract was executed prior to January 1, 1998.
MAJOR SUBDIVISION. The division of a root parcel into more than five parcels.
MINOR SUBDIVISION. The division of a root parcel into five or fewer parcels.
TOURIST HOME. A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations for transient guests, also known as bed and breakfast inns.
TRADE OR BUSINESS SCHOOL. Secretarial school or college, business school or college when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization, school conducted as commercial enterprise for teaching instrumental music, dancing. barbering, martial arts, hair dressing, or for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include educational institutions as defined in this section.
USE. The employment or occupancy of a building, structure or land for a person's service, benefit or enjoyment.
USE, CONTINGENT. A use that is essential or desirable to the public convenience or welfare but is not necessarily a permitted use.
USE, PERMITTED. A use that is allowed, as a right, within a certain zone.
USE, SPECIAL. A use that is desired in a certain zone and is not a permitted use that will not be detrimental to the surrounding area.
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where the modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
YARD. A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.
YARD, REAR. A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which should be the least distance between the rear lot line and the rear of the main building.
YARD, SIDE. A yard between the main building and the side lot line extending from the front yard or front lot line, where no front yard is required, to the rear yard. The depth of the required side yard is measured horizontally at 90 degree angles with the side lot line from the nearest point of the side lot line to the nearest part of the main building.
ZONE. A section of the jurisdictional area of the city for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open space about buildings as established by this chapter.
ZONING ADMINISTRATOR. The officer designated and authorized by the Commission to enforce the zoning requirements.
(Ord. 466, § 1-4-1, passed 5-11-98)