11-1-6: DEFINITIONS:
Except where specifically defined in this section, all words and phrases used in this title shall carry the customary meanings. Words used in the present tense include the future, and plural includes the singular. The word "shall" is intended to be mandatory and not directory. The words "used" or "occupied" shall include within their meaning "intended, arranged, or designed to be used or occupied". The word "person" shall include a corporation, partnership, or other legal entity. For the purpose of this title, certain terms and words are defined, and wherever used in this title, the following definitions shall govern:
ACCESSORY BUILDING AND USE: A subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An "accessory use" is one which is incidental to the main use of the premises.
APARTMENT: A room or suite of rooms located in a one-, two-, or multiple-family structure, which shall include bath and kitchen accommodations, intended or designed for use as an independent residence by an individual or single family.
BOARDING HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding ten (10) persons.
BUILDING: A structure designed or intended for support, enclosure, and/or shelter of persons, animals, or property, having a roof supported by a wall or walls; when separated by a party wall without openings, it shall be deemed a separate building.
BUILDING, HEIGHT OF: The vertical distance measured from the surface of the ground upon which the building is constructed to the highest point of the roof surface in a flat roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. For buildings set back from the street line, the height of the building shall be measured from average elevation of the finished grade along the front of the building.
CHILD DAYCARE FACILITY: A lot and appropriate buildings used for the care of children of preschool age, the activities of which are conducted between the hours of seven o'clock (7:00) A.M. to six o'clock (6:00) P.M.
DWELLING: A building or portion thereof designed or used exclusively for residential occupancy, including one-family, two- family and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.
DWELLING, MULTIPLE: A building or portion thereof designed for or occupied as the home of three (3) or more families living independently of each other, including tenement houses, apartment houses and apartment hotels.
DWELLING, ONE-FAMILY: A detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY: A detached building designed for, or occupied exclusively by, two (2) families living independently of each other.
DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for one family, but not including a transient lodging.
FAMILY: One or more persons occupying a dwelling unit as members of a single housekeeping organization. A "family" may include not more than five (5) persons not related by blood, marriage or adoption.
FEED LOT: A tract of land whereon there is contained an operation of feeding or raising animals in excess of ten (10) head per acre.
GARAGE, PRIVATE: An accessory building or portion of the main building on the same lot and used for the storage only of private passenger vehicles, not more than two (2) of which are owned by other than the occupants of the main building.
HOME OCCUPATION: A profession or service activity customarily and historically conducted within a dwelling unit by its occupants only, which activity is clearly incidental to the use of the dwelling for dwelling purposes and does not change the character or appearance thereof.
HOTEL: A building in which lodging is provided with or without meals, and open to transient guests.
JUNKYARD: Land or buildings where waste, discarded or salvaged materials are brought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
LODGING HOUSE: A building or place where lodging or lodging and boarding is provided (or equipped to provide lodging regularly) by prearrangement for definite periods of time, for compensation, for three (3) or more persons in contradistinction to a hotel open to transients.
LOT: A single parcel of land intended for use or occupied by one main building and accessory buildings which may or may not be a plotted lot shown on a filed subdivision plat, townsite plat or other plat.
LOT, CORNER: A lot located at the intersection of two (2) streets, two (2) avenues, or one street and one avenue.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE, FRONT: The boundary of the narrowest end of the lot facing either on a street or avenue.
LOT LINE, REAR: The lot line which is opposite the front lot line.
LOT LINE, SIDE: Any lot line other than the front lot line or the rear lot line.
MANUFACTURED HOME: A single-family dwelling, built off site in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least one thousand (1,000) square feet in size, has a pitched roof and siding and roofing materials that are customarily used on site built homes, and is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A "manufactured home" does not include a "mobile home" as defined in this section.
MOBILE HOME: A detached residential dwelling unit designed for transportation on streets or highways on its own wheels or upon a flatbed or other trailer, and arriving at site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, located on jacks or other temporary or permanent foundations, connected to utilities and the like. This definition includes a "double-wide" mobile home.
MOBILE HOME PARK: Any plot of ground upon which two (2) or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for such accommodation.
NEIGHBORHOOD CONVENIENCE BUSINESS: A shopping facility which will provide convenience goods and secure its principal trade by supplying the daily needs of the population residing within approximately one-half (1/2) mile from the business.
NEIGHBORHOOD CONVENIENCE SERVICE: A service facility which will provide convenience services and secure its principal trade by supplying the daily needs of the population residing within approximately one-half (1/2) mile from the business.
NONCONFORMING USE: A use which was lawfully established and maintained but which, because of the adoption of this title, no longer conforms to the use regulation of the zoning district in which it is located.
NURSERY: A building or part of a building where six (6) or more children, not members of the same family, are cared for.
NURSING HOME: A building or part of a building where six (6) or more sick or infirm persons are cared for.
PROFESSIONAL OFFICE: A building or part thereof housing persons whose work requires a degree from an institution of higher learning or a license to practice.
SCREENED: Concealed or cut off from visual access.
SETBACK: The distance which a building or structure is required to be set back from a particular boundary or lot line. The distance will be measured from the nearest portion of the structure or building to the particular boundary or lot line from which the building or structure is to be set back. For example, where the eaves of the building project out beyond the wall of the building, the distance will be measured from the eaves of the building.
SIDE WALL, HEIGHT OF: The vertical distance measured from the floor of the building to the top of said side wall where the roof of the building joins it.
SIGN: Any outdoor advertising having a permanent location on the ground, or attached to or painted on a building including bulletin boards, billboards, and poster boards, or any device designed to inform or attract attention.
STRUCTURAL ALTERATION: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.
TRANSIENT LODGINGS: A building containing rooms designed for and rented out for sleeping purposes for transients, and where only general kitchen and living room may be provided within the building or in an accessory building.
TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding nine feet (9') while in transit. (Ord. 16.00; amd. Ord. 384, 11-5-1990; 2006 Code)