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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use which is incidental to the main use of the premises.
ALLEY. A public thoroughfare which affords only secondary means of vehicular access to abutting property, and is less than 30 feet in width between property lines.
BASEMENT. A story partly underground, but having not less than one-half of its clear height below, which unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurements.
BLOCK. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.
BOARD. The Board of Zoning Appeals of the town.
BOARDING HOUSE. A building not open to transients, where lodging or meals are provided for three or more, but not over 30 persons regularly; a LODGING HOUSE.
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without openings through these walls, each portion of such a BUILDING shall be considered a separate structure. The word BUILDING includes structure and vice versa.
BUILDING, ACCESSORY. A subordinate building, or a portion of a main building, the use of which is incidental to that of the main building.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line.
BUILDING, HEIGHT OF. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the building is situated. Where a substantial part of the wall of the PRINCIPAL BUILDING, or where an accessory building is attached to the main building in a substantial manner by a roof, the accessory building shall be counted as a part of the PRINCIPAL BUILDING.
BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, or the maintenance or operation of offices, or recreational and amusement enterprises for profit.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more automobile house trailers, or two or more camping parties, including cabins, tents or other camping outfits.
COMMERCIAL. See BUSINESS.
DISTRICT. A section of the town or the jurisdictional area for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.
FAMILY. A group of one or more persons occupying a building and living as a single housekeeping unit. No unrelated group living as a single housekeeping unit shall consist of more than six persons, as distinguished from a group occupying a lodging house or hotel.
(1) GARAGE, PRIVATE. An accessory building with capacity for not more than three motor vehicles for storage only, not more than one of which may be a commercial vehicle of not more than three tons’ capacity. However, a garage designed to house one motor vehicle for each family housed in an apartment shall be classed as a PRIVATE GARAGE.
(2) GARAGE, PUBLIC. Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where motor vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plan at the ground floor level, exclusive of open porches, breezeways, terraces, garages or exterior and interior stairways.
HOME OCCUPATION. An occupation carried on by a member of the family residing on the premises, in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of the family; and no sign, other than a nameplate not exceeding one square foot in area, is displayed.
HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contra-distinction to a boarding or lodging house.
JURISDICTIONAL AREA. For planning and zoning, JURISDICTIONAL AREA shall be the town and the contiguous unincorporated territory, shown on a map filed by the town’s Plan Commission with the County Recorder.
KENNEL. Any lot or premises on which four or more dogs, at least four months of age, are kept.
LOADING AND UNLOADING BERTHS. The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this chapter is held to be a 12-foot by 35-foot loading space, with a 14-foot height clearance.
LODGING HOUSE. See BOARDING HOUSE.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one principal building and its accessory buildings and the open spaces required by this chapter, and having its principal frontage on a street.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT, DEPTH OF. The mean horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.
LOT, GROUND LEVEL.
(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
(b) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets;
(c) For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building; and
(d) Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT, THROUGH. A lot having frontage on two streets at opposite ends of the lot.
LOT, WIDTH OF. The distance between the side lot lines at the front line of the building, measured at right angles to the depth of the lot.
(1) LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street and, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the FRONT LOT LINE.
(2) LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
(3) LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
MOTEL. A building or group of buildings, in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.
NON-CONFORMING USE. A building or premises which does not conform in its use or otherwise with all of the regulations of the district in which the building or premises is located.
PARKING LOT. A parcel of land devoted to unenclosed parking space for five or more motor vehicles, for compensation or otherwise.
PROFESSIONAL OFFICE. Office of members of recognized professions, such as an architect, artist, dentist, engineer, musician, physician, surgeon or other professional person.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling next above it shall be the STORY.
STORY, HALF. The portion of a building under a sloping, gable, hip or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of the HALF-STORY.
STREET. A public thoroughfare 30 feet or more in width between property lines, which affords the principal means of vehicular access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something permanently located on the ground. The word STRUCTURE includes building and vice versa.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders or any substantial change in the exterior walls or the roof.
TOURIST HOME. A dwelling in which overnight accommodations for not more than five transient guests is offered for compensation.
VEHICLE PARKING SPACES. The area required for parking one automobile, which in this chapter is held to be an area nine feet wide and 20 feet long, plus 70 square feet of maneuver area for each vehicle parking space.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the height of three and one-half and 12 feet above established grade, determined by a diagonal line connecting two points measured equi-distant from the corner along each property line.
(1) YARD, FRONT. Horizontal space measured at 90 degrees with the property line, between the front line of the principal building and the property line of the street upon which the building faces, unoccupied other than by steps, walks, terraces, handicapped ramps and open, unroofed, unenclosed porches or architectural appurtenances projecting not more than 24 inches from the building.
(2) YARD, REAR. Horizontal space measured at 90 degrees to the rear lot line, between the rear of the principal building and the rear line of the lot, unoccupied other than by vehicle parking space, architectural appurtenances or accessory buildings which do not occupy more than 30% of the required rear yard.
(3) YARD, SIDE. Horizontal space measured at 90 degrees to the side lot line between the side of a building and the adjacent side line of the lot, unoccupied other than by architectural appurtenances projecting not more than 24 inches, or open or lattice- enclosed fire escapes or fire-proof outside stairways, projecting not over four feet.
ZONE. Same as DISTRICT.
(Prior Code, § 154.004) (Ord. 1-1957, passed 5-27-1957; Ord. 3-1978, passed 12-5-1978; Ord. 4-1979, passed 10-2-1979; Ord. 1992-3, passed 12-1-1992)