For the purpose of this title, the following terms, phrases, words and their derivations shall have the meaning given herein:
ACCESSORY BUILDING: A building customarily incident to and located on the same lot with the main building.
ALLEY: A public way twenty feet (20') in width which is not designed for general travel and is used as a means of access to the rear of the property abutting along its length.
BUFFER: Used in the form of plantings or decorative walls or fences to adequately buffer, separate, or conceal a commercial/business/industrial zone from a residential zone. A public street or alleyway shall not be considered a buffer. This exclusion does not apply to a state highway.
BUILDING: An enclosed structure which is for the habitation or shelter of human beings, the shelter or storage of property, or for the occupation for some purpose of trade or manufacture.
BUILDING HEIGHT: The vertical dimension measured from the average elevation of the finished lot grade at the front of the building, to the highest point of the ceiling of the top story in the case of a flat roof, or to the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINE: A line formed by the outer face of the closing wall of a building or portion thereof and the surface of the ground used to establish certain setback requirements.
CONDOMINIUM: An individual air space unit shall consist of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used as residential, professional, commercial, or industrial purposes and which has access to a public street.
DEVELOPMENT PLAN: A plan required to show total utilization of a plot of undeveloped land requiring subdivision. A plan is also required for resubdivision of an existing development if the cost is expected to be twenty five percent (25%) of, or greater than, the worth of the existing development.
DRIP LINE: The overhang of a roof from which water drips. Some setback requirements are measured from this location. Setbacks for any structure or building not having a drip line will be measured from the structure or building line.
DUPLEX DWELLING: Two (2) single-family dwelling units sharing a common wall on the same lot which may or may not have joint services or facilities for both.
DWELLING: One or more rooms providing complete living facilities for one family, including equipment for cooking provisions for the same, and including room, or rooms, for living, sleeping, and eating.
DWELLING; MULTI-FAMILY: A dwelling or group of dwellings on one plot containing separate living units for three (3) or more families, but which may have joint services or facilities for each.
FAMILY: One or more persons living as a single household or housekeeping unit.
FRONT YARD: A space on the same lot with the main building, extending the full width of the lot and situated between the back of the curb and the front line of the building projected to the side lines of the lot.
GARAGE: A building or part thereof accessory to a main building and providing storage of automobiles.
HOME OCCUPATION: Any use customarily conducted entirely within a dwelling or accessory building and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and not more than two (2) persons are engaged in such occupation. Some home occupations may require written consent of neighbors within a radius of four hundred feet (400').
LAWFUL USE: A term used to define the legal utilization of a building or structure not meeting the minimum requirements of this title.
LOT: A parcel of land occupied or capable of being occupied by one building, and the accessory buildings, or uses customarily incidental to it, including such open spaces as are required by this title.
LOT CORNER: A lot at the point of abutting of two (2) or more intersecting streets, the angle or intersection being not more than one hundred thirty five degrees (135°).
MAIN BUILDING: Any enclosed structure and its attached structures for the habitation or shelter of human beings.
MOBILE HOME: A structure transportable on its own undercarriage and wheels and so constructed as to permit its being conveyed upon a public street or highway with special permit and constructed in such a manner as will allow permanent year round occupancy thereof as a dwelling. A structure having a flush toilet, bath or shower, and all other home facilities. (This definition also applies to structures termed as "doublewide".)
MODULAR STRUCTURE: An enclosed prefabricated structure transportable using separate conveyance and placed on a permanently constructed foundation for use as a dwelling or accessory building. Structure must be supported at its outside perimeter walls.
MOTORIZED HOME: A vehicle used and so constructed as to permit it being used as a conveyance upon public streets and highways and duly licensable as such, constructed in such a manner as will permit occupancy thereof, as a temporary dwelling. (Examples would include pickup campers, on or off vehicle, and converted buses.)
NONCONFORMING BUILDINGS OR STRUCTURES: Any building or structure that does not meet the minimum setback requirements of this title.
NONCONFORMING USE: The use of structures or buildings, portable or permanent, for activities in areas not zoned for such use.
ORDINANCE ENFORCEMENT OFFICER: An individual appointed by the town council for the purpose of verifying that the proper permit is posted at the work site and that the work is being done according to the approved work description. Said officer shall have stop work authority.
PORTABLE BUILDING: A building of two hundred (200) square feet or less, not permanently attached to the property or to another permanent building. A portable building must be able to be moved in case of an emergency. Public utilities cannot be permanently attached.
REAR YARD: A space on the same lot with the main building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
SETBACK: To be considered from property line or back of curb to drip line or building line.
SIDE YARD: A space on the same lot with the main building situated between the building drip line and the side line of the lot and extending from the front yard to the rear yard.
STREET: A public thoroughfare more than thirty feet (30') in width which has been dedicated or deeded to the public use and which affords principal means of access to abutting property.
STRUCTURE: Anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.
TOWN COUNCIL: The governing body of the town of Guernsey.
TOWNHOUSE: A single-family dwelling unit attached to another single-family unit by a common wall and containing three (3) or more dwelling units. The owner of the dwelling unit shall also own a specific lot or parcel of land (with a deed) in conjunction with the ownership of the townhouse unit.
TRAVEL TRAILER: A duly licensed fifth wheel or other towable trailer of any length, so constructed as to permit it being conveyed upon public streets and highways without special permits and constructed in such a manner as will permit occupancy thereof, as a temporary or seasonal dwelling. (Wheels and axles are not normally removed. If they are removed, then trailer must meet zoning required for mobile homes.)
UNSAFE BUILDINGS OR STRUCTURES: A building or structure so constructed that it creates a potential threat to life and limb, or an existing building or structure that has deteriorated to the point where it is declared by a knowledgeable representative of the town as unsafe to be in or around. (Ord. 04-07-003, 8-9-2003; amd. Ord. 06-09-002, 10-4-2005; Ord. 09-13-013, 10-1-2013)