As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
BOARDING HOUSE (ROOMING OR LODGING HOUSE): A residential building or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms for accommodation of three (3) or more persons who are not members of the keeper's family, and where lodging or meals, or both, are provided by prearrangement and for definite periods, at a definite prearranged price.
BUILDING: Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials.
BUILDING HEIGHT: The vertical distance measured from the mean elevation of the finished lot grade along the front yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, hip, and pitch roofs; or to the deck line of mansard roofs.
COMPREHENSIVE PLAN: The extensively developed and evolving plan, also called a master plan, adopted by the Planning Commission.
CONSERVATION: Preservation of land, water, flora, fauna, and cultural artifacts in their original state.
CONSUMER SERVICE: Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience. For example, consumer services include the provision of personal services such as beautician and barbering services, the provisions of lodging, entertainment, specialized instruction, financial services, transportation, laundry and dry cleaning services, and all other similar services.
DWELLING: A building or portion thereof designed or used exclusively as a residence or sleeping place, but not including boarding or lodging houses, motels, tents, cabins, or mobile homes.
ESSENTIAL SERVICES: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communications systems, and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings.
FAMILY: Two (2) or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit; or a group of not more than three (3) persons, who need not be related by blood, marriage, or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants.
FLOOR AREA: The sum of the gross floor area for each of the several stories under roof measured from the exterior limits or faces of a building or structure. Areas below grade and attached accessory structures are not included.
GARAGE, PRIVATE: An accessory building, or an accessory portion of a principal building, enclosed on at least three (3) sides, which is intended for and used to store a private passenger motor vehicle, and no more than one (1) three- quarter ton or lesser size truck.
GRADE: The highest level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
HOME OCCUPATION, PROFESSIONAL: Any business or profession carried on by a member of the immediate family residing on the premises, in connection with which:
A. There are no signs, other than a permitted nameplate when attached to a principal building, and no activity that will indicate from the exterior that the building is being used, in whole or in part, for any purpose other than that of a dwelling;
B. There are no commodities sold or services rendered that require receipt and delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by first class mail;
C. There is no more than one person, other than one additional member of the immediate family, residing on the premises so employed or otherwise so engaged; and
D. There are no accessory buildings used in whole or in part.
JUNKYARD: Any land or structure used for a salvaging operation including, among other things, the storage and sale of wastepaper, rags, scrap metal, and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.
LOADING AREA: A completely off street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley.
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 providing sleeping accommodations shall be counted as one lodging room.
LOT: A single parcel of land which may be legally described as such, or two (2) or more adjacent numbered lots or parts of such lots in a recorded subdivision plat, having principal frontage on a street which comprises a site occupied by, or intended for occupancy by, one principal building or principal use, together with accessory buildings and uses, yards and other open spaces required by this title.
LOT, CORNER: A lot abutting on two (2) streets at their juncture when the interior angle formed is less than one hundred thirty five degrees (135°).
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES AND AREA: The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT, RECORDED: A lot designated on a subdivision plat or deed duly recorded pursuant to statute in the County Recorder's Office. A recorded lot may not coincide with a zoning lot.
LOT WIDTH: The width of a parcel of land measured at the rear of the specified street yard.
LOT, ZONING: A parcel of land composed of one or more recorded lots occupied or to be occupied by a principal building or buildings, or principal use or uses along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setbacks, and any other requirements set forth in this title.
MOBILE HOME: Any vehicle or similar portable structure designed, used or so constructed as to permit its being used as a conveyance upon the public streets, and to permit the year-round occupancy thereof for one or more persons.
MOTEL: An establishment consisting of a group of lodging rooms, each with individual bathroom, and designed for use by transient guests. A motel furnishes customary hotel services such as maid service and laundering of linens used in the lodging rooms, telephone and secretarial or desk service, and the use and upkeep of furniture.
NONCONFORMING STRUCTURE: A building or structure, or portion thereof, lawfully existing at the effective date hereof, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located.
NONCONFORMING USE: A use which lawfully occupies a building or land at the effective date hereof, and which does not conform with the use regulations of the district in which it is located.
NONRETAIL COMMERCIAL: Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. For example, nonretail commercial includes wholesale activities, warehousing, trucking terminals, and similar commercial enterprises.
NURSING HOME OR REST HOME: A home for the aged, chronically ill or incurable persons in which three (3) or more persons, not of the immediate family, 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.
OPEN SALES LOT: Land used or occupied for the purpose of buying or selling merchandise stored or displayed out of doors prior to sale. Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, monuments, and trailers.
PARKING SPACE: A graded all-weather surface area of not less than two hundred (200) square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
PERFORMANCE STANDARDS: A criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, or glare or heat generated by or inherent in uses of land or buildings.
Free Burning: A rate of combustion described by material which burns actively and easily supports combustion. Examples: coal, charcoal.
Incombustible: A material which will not ignite nor actively support combustion during an exposure for five (5) minutes to a temperature of twelve thousand degrees Fahrenheit (12,000°F).
Intense Burning: A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, magnesium (powder, flaked, or strips), rocket fuels.
Moderate Burning: A rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: wood, timber, logs.
Odor Threshold: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM method D1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)".
Odorous Matter: Any material that produces an olfactory response among human beings.
Particulate Matter: Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions.
Slow Burning: A rate of combustion which describes materials that do not in themselves constitute an active fuel for the spread of combustion. Examples: wood, materials with fire retardant treatments.
Smoke: Small gasborne particles other than water that form a visible plume in the air.
Toxic Matter: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
PLANNED DEVELOPMENT: A parcel or tract of land, initially under single ownership or control, which contains two (2) or more principal buildings and one or more principal uses, planned and constructed as a unified development.
PRINCIPAL STRUCTURE: That structure on any lot or parcel of land that is the dwelling place of a family or is the primary building from which or within which a business is conducted and to which all other buildings on that lot or parcel of land are accessory buildings.
RETAIL SALES: Sale of any product or merchandise to customers for their own personal consumption or use, not for resale.
SANITARY LANDFILL: A method of disposing of refuse by spreading and covering such refuse 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 whose principal use is the dispensing, sale, or offering for sale at retail of any motor vehicle fuel or oils. Open storage shall be limited to vehicles stored for minor repair bearing current license plates. Such storage shall not exceed a reasonable period of time and shall not permit the indefinite storage of wrecked vehicles.
SETBACK, BUILDING: The minimum horizontal distance between the front line of a building or structure and the front lot line.
SIGNS: Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which information is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product, and which is visible from any public street, highway or pedestrian way.
STRUCTURAL ALTERATIONS: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground. A sign, billboard, or other advertising device, detached or projecting, shall be construed to be a structure.
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 various major points of original destination. 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.
USE: The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
USE, ACCESSORY: A use subordinate to the principal use and located on the same premises serving a purpose customarily incidental to the principal use. Residential accessory uses may include storage of household goods, parking areas, gardening, servant quarters, private swimming pools and private emergency shelters.
USE, CONDITIONAL: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.
USE, PERMITTED: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such district.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a permitted or conditional use.
UTILITIES: Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, Municipal incinerators, warehouses, shops, and storage yards.
YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise provided in this title. See section 10-16-1, "Appendix A, Yards", of this title for illustration.
YARD, CORNER SIDE: A side yard which adjoins a street or thoroughfare.
YARD, FRONT (SETBACK): A yard which is bounded by the side lot lines, front lot line, and the front yard line.
YARD, INTERIOR SIDE: A side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.
YARD, REAR (SETBACK): A yard which is bounded by side lot lines, rear lot line, and the rear yard line.
YARD, SIDE (SETBACK): A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line. (Ord., 5-7-1973)