For the purpose of this chapter, certain terms and words are defined as set out in this chapter. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word “structure” and the word “shall” is mandatory and not directory.
ABUTTING. Connected by a common boundary line except where two or more lots adjoin only at a corner or corners, where the common boundary line measurers not less than eight feet in a single direction.
ACCESSORY BUILDINGS. A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or the use of the premises. An accessory use is one, which is incidental to the main use of the premises. It includes, but is not limited to the following: A child's playhouse, garden house, swimming pool, private greenhouse, garage, shed or building for domestic storage. An accessory building shall not be erected prior to the establishment of the principal use or construction of the main building. No accessory building shall be used for a dwelling, or for the sole conduction of a home occupation. Accessory buildings used as private garages shall house not more than three vehicles. No accessory building shall exceed 20 feet in height. No accessory building constructed in a Single-Family Dwelling District, one-half acre Single-Family Dwelling District or Multiple-Family Dwelling District after August 1, 2003, shall exceed 960 square feet in total size measured from the outside of the exterior walls. All accessory buildings shall be constructed of materials that are the same or similar to the main building with the exception of masonry-type exteriors.
ADJACENT. Near; close. For an industrial structure, if separate from all other structures by less than 300 feet; for business structures, if separated by less than 250 feet; for home occupations, if separated by less than 150 feet. Provided, streets, highways and all other public right-of-way shall be considered a part of the separations and that all measurements take place from lot line to lot line nearest the adjacent structures.
ADJOINING. The same as ABUTTING for purposes of this chapter.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to property abutting thereon, exceeding not more than 16 feet wide.
APARTMENT. A room or suite of rooms in a multiple or two-family dwelling, or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single-family.
BASEMENT. A story having part but not more than one-half of its height below grade. A basement shall not be counted as a story for the purpose of height regulation.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building. A building will include porches, breeze-ways, carports and all other covered structures.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge, for gable, hip and gambrel roofs.
CELLAR. A story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
CHILD CARE CENTER, PRE-SCHOOL, DAY NURSERY, NURSERY SCHOOL (OR CENTER). A dwelling and premises in and on which not more than four unrelated individuals, not residing in the dwelling, are cared for during some portion of a 24 hour period. There shall be a minimum of 100 square feet of outdoor play area for each child to be cared for, and that the play area is fenced and screened with plantings from any adjourning lot in any Single-Family Dwelling District. An off-street loading and unloading area shall also be provided.
COMMERCIAL STORAGE UNITS and MINI-WAREHOUSES. A building or group of buildings containing individual units, compartments, stalls or lockers, designed in use for dead storage of personal property, each unit, compartment, stall or locker having separate secured access.
CONTIGUOUS. This term shall mean the same as ABUTTING for purposes of this chapter.
DISTRICT. A section or sections of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and intensity of use are uniform.
DWELLING. Any building or portion thereof, but not a trailer, which is designed and used exclusively for residential purposes.
DWELLING DISTRICT. Every district specified in this chapter, except the Business District, and the Industry District is designated as a dwelling district.
DWELLING, MULTIPLE. A building designed for or occupied exclusively by two or more families.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
FAMILY. An individual or two or more persons, related by blood, marriage, common-law or adoption, living together as a single housekeeping unit.
FILLING STATION. Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
FRONTAGE. All property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of a street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
GARAGE, PRIVATE. An accessory building or part of a main building intended primarily for the storage of motor vehicles owned or used by occupants of the main building.
GARAGE, PUBLIC. A structure, or portion thereof, other than a private or community garage used for the storage, sale, hire or repair of self-propelled vehicles or trailers.
HOME OCCUPATION. In the single-family, multi-family and ½ acre single-family districts, an occupation carried on within a dwelling by members of the family occupying the dwelling which shall be the family members primary residence, with no servant, employee or other person being engaged, provided that such occupations meet all of the following requirements, unless usurped by county, state or federal requirements:
(1) The occupation maintains the residential character of the building;
(2) The occupation is conducted in such a manner as not to give an outward appearance, nor manifest any characteristic of a business, in the ordinary meaning of the term;
(3) The occupation will not infringe upon the rights of adjacent or adjoining residents to enjoy the peaceful occupancy of their homes;
(4) The occupation shall be only a secondary use of the premises;
(5) The occupation shall not occupy more than 25% of the floor area of one floor of the dwelling;
(6) There shall be no stock-in-trade stored, sold or displayed upon the premises;
(7) Only one nonilluminated sign, containing the name and/or occupation only, not over one square foot in area, attached flat against the building housing the said home occupation shall be permitted;
(8) The occupation requires no additional parking space and creates no additional vehicular traffic;
(9) The occupation is limited to electric motors for power with a combined total limitation of three horsepower;
(10) For purposes of this chapter, family day-care homes shall be considered as home occupation in single-family, multi-family and ½ acre single-family zones;
(11) No automobile repair shops shall be allowed.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house or lodging house.
INDUSTRY. Any use in which the major activity is the treatment, processing, rebuilding, repairing or wholesale storage of material, products or items and where the finished product is not acquired by the ultimate user on the premises, as distinguished from a retail use where the treatment, processing, repairing or storage is secondary to the sale, exchange or repairing of materials or products on the premises.
INSTITUTION. A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
KENNEL. Any premises wherein any person engages in the boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF. The horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage of two nonintersecting streets, as distinguished from a corner lot.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds or a parcel of land, the deed to which was recorded in the office of the Recorder of Deeds prior to the date of the adoption of the ordinance codified in this chapter.
MOBILE HOME. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The term MOBILE HOME shall include manufactured homes constructed after June 30, 1976, in accordance with the federal "National Manufactured Home Construction and Safety Standards Act, 42 USC 5401 et seq."
NONCONFORMING USES. Any building or land lawfully occupied by a use at the time of passage of the original zoning ordinance or any amendment thereto, which does not conform after the passage of the zoning ordinance or amendment thereto with the use regulations of the district in which it is situated.
PARKING SPACE. A durably surfaced area, enclosed in the main building, in an accessory building, or enclosed, sufficient in size to store one standard automobile, and if the space is enclosed comprising an area or not less than 140 square feet, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.
PLACE. An open unoccupied space other than a street or alley permanently reserved as the principal means or access to abutting property.
PORTABLE STORAGE CONTAINERS. Any container that is not considered a building or structure under this chapter and used for the storage or collection of personal property including but not limited to what are commonly referred to as cargo containers or portable on demand storage containers ("PODS") but shall not include a container used only for the removal of garbage, refuse, and waste pursuant to Chapter 53 of the Code of Ordinances relating to solid waste.
SIGN. Any advertisement, announcement, direction or communication, produced wholly or in part by the construction, erection, affixing or placing of a structure on any land, or on any other structure, or produced by painting on, posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.
STREET. All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.
STREET LINE. A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURE. Anything constructed or erected, that use of which requires permanent location on the ground or attached to something having a permanent location on the ground, which obstructs the vision in unoccupied space from the ground upward to the sky, including advertising billboards, tennis and baseball backstops, fences, patios and decks and satellite dishes. For purposes of this section, permanently attached or having a permanent location shall mean the attachment is fixed in concrete or other permanent material or attached in such a way so as not to be easily moved or removed.
STRUCTURAL ALTERATIONS. Any substantial change in the roof or in the exterior walls.
TRAILER. Any structure used for living, sleeping, business or storage purposes having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which is, has been or reasonably can be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term TRAILER includes travel trailer, mobile home or any other structure that can be used for the above purposes.
YARD. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps.
YARD, REAR. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE. A yard between the main building and the side line of the lot and extending from the front lot line to the rear yard line.
ZONING LOT. A single unified tract of land located within a single block which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single or unified ownership or control. Such lot shall have frontage on a street; shall be of at least sufficient size to meet minimum zoning requirements for use, coverage and areas; shall provide such yards and other open spaces as herein required; and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record; a parcel of land described by a metes and bounds description; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
(Ord. 855, passed 10-7-86; Am. Ord. 889, passed 10-4-88; Am. Ord. 1095, passed 11-3-98; Am. Ord. 1144, passed 11-7-00; Am. Ord. 1152, passed 1-2-01; Am. Ord. 1219, passed 7-15-03; Am. Ord. 1280, passed 6-6-05; Am. Ord. 1314, passed 7-17-06)