(A) Interpretation. Words used in the present tense shall include the future tense; words in the singular number included the plural; and words in the plural number include the singular; the word PERSON includes a firm, partnership, or corporation, as well as an individual; the word LOT includes the word PLOT or PARCEL; and the word BUILDING includes the word STRUCTURE; the term SHALL is always mandatory and not directory; and the word MAY is permissive. The words USED or OCCUPIED, as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a main building located on the same lot therewith.
ACCESSORY DWELLING UNIT (ADU). A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs go by many different names, including accessory apartments, secondary suites, granny flats, guest houses, mother-in-law apartments, in-law suites, casitas, etc. To be considered a legal suite, it must have its own entrance, kitchen, sleeping, and bathroom facilities. ADUs can be attached or detached. A suite attached to or contained within a principal dwelling unit. Allowed in R1 zones only. Required to be stationary and on a permanent foundation. No ADU/tiny home shall be placed within the town limits that was manufactured more than 20 years before the date of application. Main and ADUs/tiny homes shall not cover more than 40% of the lot area. All such ADUs/tiny homes shall be connected to public water and sewer systems. Shipping containers/railroad cars and prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used. Lot will never be replatted and is required to stay with main residence. Applicable to all adopted UBC Codes, ordinances and zoning regulations as stated in §§ 155.30, 155.31, 155.32, 155.37 and 155.39.
ADULT BUSINESS. Any business which requires an age limitation for entrance.
ADVERTISING. Includes any writing, printing, painting, display, emblem, drawing, sign, or other device designed, used, or intended for advertising in commercial or industrial zoned areas. Whether placed on the ground, rocks, trees, tree-stumps, or other natural structures, or on a building, structure, milestone, signboard, billboard, wallboard, roofboard, frame, support, fence, or other manmade structure. Any such ADVERTISING is a structure within the meaning of the word structure, as used in this chapter.
ALLEY. A minor right-of-way dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
ALTERATIONS. As applied to a building or structure, means a change or rearrangement in the structural parts, or, whether by extending on a size or by increasing in height, or the moving from one location or position to another.
AMUSEMENT AND RECREATION ESTABLISHMENTS. Businesses whose primary function is entertainment, such as theaters, billiard halls, and the like.
APARTMENT HOUSE. See DWELLING, MULTIPLE-FAMILY.
AREA, BUILDING. The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps.
AUTOMOBILE WRECKING. The dismantling, storage, sale, crushing, or dumping of used motor vehicles, trailers, or parts thereof.
AVERAGE GROUND ELEVATION. The elevation of the mean finished ground surface at the front wall of a structure.
BASEMENT. A story partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a one-half story.
BILLBOARD. See SIGN.
BOARD. See COMMISSION.
BOARDING HOUSE and HUNTING LODGE. A dwelling other than a hotel where, for compensation and by pre-arrangement for definite periods, meals are provided for three or more, but not exceeding 12, persons on a weekly or monthly basis.
BUILDABLE AREA OF A LOT. That portion of a lot bounded by the required rear and side yards and front yard or the building setback line.
BUILDING. Any enclosed structure intended for shelter, housing, or enclosure of persons, animals, or chattel.
BUILDING, ACCESSORY. See ACCESSORY BUILDING.
BUILDING, HEIGHT OF. The vertical distance measured from the average ground elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.
BUILDING INSPECTOR. The inspector or his authorized representative appointed by the governing body to issue building and occupancy permits.
BUILDING, MAIN or PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in §§ 155.56 and 155.58. The building setback line is parallel to or concentric with the street right-of-way.
BUILDING SITE. A single parcel of land under one ownership, occupied or intended to be occupied by a building or structure.
BUSINESS SERVICES. Any activities conducted for gain which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in a home or business.
CELLAR. A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A CELLAR shall not be considered in determining the permissible number of stories.
CLINIC. See MEDICAL FACILITIES.
CLUB, PRIVATE. An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of such club.
COUNTRY CLUB. A chartered, non-profit membership club, with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golfing, riding, outdoor recreation, clubhouse, locker room, or pro shop.
COVERAGE. The lot area covered by all buildings located therein, including the area covered by all overhanging roofs.
DAY NURSERIES, PRIVATE. Any place, home, or institution which receives young children, conducted for cultivation of the normal aptitude for exercise, play, observation, imitation, and construction.
DESIGN CAPACITY. The maximum number of persons which can be accommodated at any one time with a reasonable degree of comfort, safety, and convenience.
DISTRICT. Any section or sections of the town for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform.
DRIVE-IN COMMERCIAL USES. Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade, such as drive-in restaurants, drive-in theaters, and similar uses.
DWELLING. A building or portion thereof, exclusive of manufactured homes as herein defined, used for residential purposes.
DWELLING, ATTACHED. A dwelling with two or more party walls, or one party wall in the case of a dwelling at the end of a group of attached dwellings.
DWELLING, MULTIPLE-FAMILY. A detached building designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts, or camps, hotels, or resort type hotels.
DWELLING, SEMI-DETACHED. Two dwellings with a single party wall common to both.
DWELLING, SINGLE-FAMILY. A detached building designed to be occupied exclusively by one family.
DWELLING, TWO-FAMILY. A detached building designed to be occupied by two families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or resort type hotels.
DWELLING UNIT. One or more rooms and a single kitchen designed as a unit for occupancy by only one family for cooking, living, and sleeping purposes.
ELECTRICAL UTILITY SUBSTATION. An electrical utility facility containing large capacity transformers fed by incoming high voltage transmission lines. Within the facility, voltages are reduced and fed to several distribution circuits that distribute electrical energy to areas with a predominant single use (for example, industrial, residential, and commercial areas).
FAMILY. One or more persons related by blood, marriage, or adoption, or a group not to exceed five persons (excluding servants) none of whom are related by blood or marriage, occupying the premises and living as a single non-profit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use.
FEEDLOT, COMMERCIAL. A lot used for the concentrated feeding of livestock, fowl, or fur animals where such feeding is not done as an accessory use to the production of crops on the premises of which the feedlot is a part.
FENCE. A structure that encloses an area, typically outdoors, and is usually constructed from posts that are connected by boards, wire, rails or netting. A FENCE differs from a wall in not having a solid foundation along its whole length. Temporary fencing, to provide safety, security, and to direct movement; wherever temporary access control is required, especially on building and construction sites.
FILLING STATION. See GASOLINE SERVICE STATION.
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.
FOOD PROCESSING. The preparation of food products for retail sale on the premises.
FRATERNITY or SORORITY HOUSE. A building housing the members of a fraternity or sorority group living together under a cooperative arrangement, as distinct from a boarding or lodging house or private club.
FRONTAGE. The commonly accepted front yard of the adjoining structures on that street.
GARAGE, PRIVATE. An accessory building or a part of a main building used for storage purposes only for not more than five automobiles, or for a number of automobiles which does not exceed two times the number of families occupying the dwelling unit to which such garage is accessory, whichever number is the greater. Such space shall not be used for storage of more than one commercial vehicle, which shall not exceed one and one-half tons rated capacity, per family living on the premises, and not to exceed two spaces shall be rented to persons not residing on the premises for storage of non-commercial passenger vehicles only.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public, which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting, or equipping of automobiles or other motor vehicles.
GASOLINE SERVICE or FILLING STATION. Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair, or automatic washing.
GOVERNING BODY. The duly elected officials of a corporate political entity to whom authority is given to make, adopt, or amend zoning regulations.
GRADE, ESTABLISHED. The elevation as officially established.
HEALTH DEPARTMENT. The South Dakota Health Department.
HISTORICAL MONUMENTS and/or STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure of building in which the relics and/or mementos of such event or period are housed and preserved.
HOME OCCUPATION. A gainful occupation conducted by members of the family only within the dwelling or on the premises, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, provided that no display except a regulated sign will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of a dwelling.
HOSPITAL. See MEDICAL FACILITIES.
HOTEL. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms usually occupied singly with no provision made for cooking in any individual room or apartment.
HOTEL APARTMENT. An apartment building under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartment and which may furnish for the exclusive use of its tenants by previous arrangements and not to anyone who may apply, services ordinarily furnished by such hotels.
HOUSE TRAILER. See MANUFACTURED HOME.
HOUSE TRAILER PARK. See MANUFACTURED HOME PARK.
JUNK YARD or SALVAGE YARD. A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rages, scrap metal, or discarded material, or for the collecting, dismantling, storing, and salvaging of machinery, or vehicles not in running condition, or for sale of parts thereof.
KENNEL. Any lot or premises on which four or more dogs, more than six months of age, are kept.
KINDERGARTENS. See DAY NURSERIES, PRIVATE.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of a truck.
LOT. A parcel of land which is or may be occupied by a single main building and its accessory buildings or used customarily incident thereto, together with such yards or open spaces within the lot lines as may be required by this chapter.
LOT AREA. The total horizontal area included within lot lines.
LOT, CORNER. A lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135°.
LOT, DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and which has two non-intersecting sides abutting on two or more streets.
LOT, FRONTAGE. That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT, LINES. The lines bounding a lot as defined herein.
LOT LINE, FRONT. In the case of an interior lot, the line separating said lot from the street. In the case of a corner or double frontage lot, the line separating said lot from that street which is designated as the front street in the request for building permit.
LOT LINE, REAR. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than ten feet long and wholly within the lot.
LOT LINE, SIDE. A side lot line is any lot boundary line, not a front lot line or a rear lot line.
LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
MANUFACTURED HOME. A movable living unit designed for year-round occupancy which is capable of being towed on its own chassis; is completely finished prior to delivery; and has a manufacturer's serial number which is reported to the County Director of Equalization for tangible personal property taxation differentiating it from other types of dwelling structures. A detachable hitch assembly and/or a perimeter frame or the placement of such a unit upon a permanent foundation shall not be construed as creating a dwelling unit as elsewhere defined in this chapter.
MANUFACTURED HOME PARK. Any areas, tract, or site or plot of land whereupon a minimum of two or more manufactured homes as herein defined are placed, located, or maintained, or intended to be placed located or maintained, and shall include all accessory buildings used or intended to be used as part of the equipment thereof.
MANUFACTURED HOME SPACE. A plot of ground within a manufactured home area which is designed for and designated as the location for two automobile and one manufactured home, and not used for any other purposes whatsoever other than the customary accessory use thereof.
MEDICAL FACILITIES.
CONVALESCENT, RESPITE OR REST, OR NURSING HOME. A health facility where persons are housed and/or furnished with meals and continuing nursing care for compensation.
DENTAL CLINIC or MEDICAL CLINIC. A facility for the examination and treatment of ill and afflicted human outpatients, provided, however, that patients are not kept overnight except under emergency conditions.
HOSPITAL. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.
PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for the provision of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.
SANITARIUM. An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
MINIMUM FLOOR ELEVATION. The lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor.
MOTEL. A building, or group of buildings, used for the temporary residence of motorists or travelers.
NON-CONFORMING USE. A building, structure, or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.
NOXIOUS MATTER. Material (in gaseous, liquid, solid, particulate, or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic, or psychological well-being of individuals.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock gravel, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
PARKING LOT. An off-street facility including parking spaces along with adequate provision
for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six automobiles.
PARKING SPACE. An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of passage-ways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.
PENTHOUSE. An enclosed structure other than a roof structure, located on a roof, extending not more than 12 feet above the roof.
PLANNING AND ZONING COMMISSION. The Hermosa Board of Trustees in its capacity as the Planning and Zoning Commission for the Town of Hermosa as allowed under SDCL § 11- 4-11.1
PLAT. A legal document showing the location and boundaries of individual properties.
PRINCIPAL USE. The specific primary purpose for which land or a building is used.
PUBLIC USES. Public parks, schools, and administrative cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board duly authorized to furnish, and furnishing under state or municipal regulations, to the public, electricity, gas, steam, communication, telegraph, transportation, or water.
PUBLIC UTILITY SUBSTATIONS, SERVICE YARDS, AND PUMPING STATIONS. Shall include service yards used for the storage of utility supplies and for the servicing of utility vehicles and equipment.
PUD. A planned unit development specifically for tiny homes (single detached homes) would be zoned R2. And would require the assistance of professional and governmental planning and involves the approval of governmental bodies. Where circumstances are favorable, PUDs provide more latitude in land use than normal development to allow for planning, clustering facilities, consolidating green spaces, and internal recreation amenities. While densities higher than normal are often allowed, they must be justified by the preservation and consolidation of green space, increased screening, and landscaping, increased recreational amenities, and other significant improvements and design features beneficial to the residents, neighbors, and the general public. They are required to meet all ordinance requirements in that zoning, and applicable to all adopted UBC Codes, ordinances and zoning regulations as stated in §§ 155.30, 155.31, 155.32, 155.37 and 155.39.
QUARRY. A lot of land or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
RECREATIONAL FACILITIES. Country clubs, riding stables, golf courses, and other private non-commercial recreation areas and facilities, or recreation centers including private swimming pools.
REGULATORY FLOOD. A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The REGULATORY FLOOD generally has a frequency of approximately 50 years determined from an analysis of floods on a particular stream and other streams in the same general region.
REGULATORY FLOOD PROTECTION ELEVATIONS. The elevations to which uses regulated by this chapter are required to be elevated.
REQUIRED SETBACK. A distance necessary to obtain the minimum front, side, and rear yards required in this chapter.
ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as a hotel under the terms of this chapter.
SANITARIUM. See MEDICAL FACILITIES.
SANITARY SEWER. A municipal or community sewage disposal system of a type approved by the State Board of Health.
SCHOOL, PRIVATE. An institution of learning that is not tax supported, including colleges and universities.
SCHOOL, PUBLIC. A tax supported institution of learning, including colleges and universities.
SELF-SERVICE LAUNDRY. A laundry providing home type washing, drying, and ironing machines for hire to be used primarily by the customers on the premises.
SERVICE YARDS. See PUBLIC UTILITY SUBSTATION.
SIGN, BILLBOARD, or OTHER ADVERTISING DEVICE. Any structure or part thereof, or device attached thereto or represented thereon, which shall display or include any letter, words, model, banner, flag, pennant, insignia, or representation used as, or which is in the nature of an announcement, direction, or advertisement. The word SIGN includes the word BILLBOARD or any other type of ADVERTISING DEVICE, but does not include the flag, pennant, or insignia of any nation, state, city, or other political unit. Types of SIGNS are defined in the following categories.
BILLBOARD. A type of advertising sign having more than 100 square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.
BUSINESS SIGN. A sign which directs attention to a business commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises and only incidentally on the premises if at all.
ERECT. When used in connection with signs shall mean to build, construct, attach, hang, place, suspend, or affix and shall also include the painting of wall signs.
GROUND SIGN. A sign supported by a pole, uprights, or braces on the ground.
MARQUEE SIGN. A projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy structure that extends beyond the building, building line, or property line.
POLE SIGN or BANJO SIGN. A type of ground sign at least ten feet above the ground supported on a single post or pole most commonly associated with gasoline filling stations.
PROJECTING SIGN. A sign which is attached to the face or outside wall of a building
which projects out at any angle therefrom and projects more than 12 inches beyond the face of such wall.
ROOF SIGN. A detached sign erected, constructed, or maintained above the roof of any building.
TEMPORARY SIGN. TEMPORARY SIGNS shall include any sign, banner, pennant, valance, or advertising display constructed of wood, metal, cloth, canvas, light fabric, cardboard, wallboard, or other light material, with or without frames, where either by reason of construction, or purpose, the sign is intended to be displayed for a short period of time only.
WALL or FLAT SIGN. Any sign erected parallel to the face or on the outside wall of any building and supported throughout its entire length by such wall, the edges of which do not project more than 12 inches therefrom.
SORORITY. See FRATERNITY.
STAFF DOCTOR. A doctor employed by a hospital, clinic, or other institution; or a doctor who is "on call" to such institution during certain specified periods of time in case of emergency or other need.
STORY. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF. A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property.
STREET GRADE. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other street upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.
STRUCTURE. A combination of materials to form a construction that is safe and stable and includes among other things stadiums, platforms, radio and television towers, sheds, storage bins, fences, and display signs.
THEATER, MOVING PICTURE. A building or part of a building devoted to the showing of moving pictures and/or interactive video on a paid admission basis.
TINY HOUSES ON SKIDS. Are built on temporary structures - often beams or rails - just like mobile homes. Allowed in R2 zones only. They slid into position, where they stay until they need to be moved. When the time comes to move them, they're loaded onto a large truck or trailer and transported for you. The Town of Hermosa would consider a tiny house on skids, legally a recreational vehicle (RV), A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants, and subject to all ordinances, and zoning regulations as stated in § 155.33, but not limited to said ordinances.
TINY HOUSE ON WHEELS. It is generally thought of as a small house, typically sized under 500 square feet. This style of tiny house is often referred to as a THOW (tiny house on wheels). The Town of Hermosa would consider a tiny house on wheels, legally a recreational vehicle (RV), A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants, and subject to all ordinances, and zoning regulations as stated in § 155.33.
TOURIST CABIN. See MOTEL.
TOURIST COURT. See MOTEL.
TOURIST HOME and BED AND BREAKFAST. A dwelling in which sleeping accommodations are provided or offered for transient guests for compensation.
TRAILER and TRAILER COURT. See MANUFACTURED HOME and MANUFACTURED HOME PARK.
TRAILER, HAULING. A vehicle which is designed for hauling animals, produce, goods, or commodities, including boats, said vehicle to be pulled behind an automobile or truck.
TRAILER, TRAVEL or CAMPING. A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.
TRAVEL PARK. A plot of ground primarily for use as parking and camping facilities by persons with transportable recreational housing with appropriate accessory uses.
UNIFORM BUILDING CODES. The Uniform Building Code, as officially adopted by the town.
USE. The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term PERMITTED USE or its equivalent shall not be deemed to include any non-conforming use.
UTILITIES. Municipal and franchised utilities
WALKWAY. A path or area for pedestrians.
WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
YARD. An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this chapter, that building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.
YARD, REAR. A space on the same lot with the principal building, between the rear line of the building and the rear line of the lot, and extending the full width of the lot, which is unoccupied except for permitted accessory structures.
YARD, SIDE. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot, and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
(Ord. 10.6, passed 3-17-2009; Ord. passed 11-13-2009; Ord. passed 11-3-2020; Ord. passed 4-19-2022; Ord. passed 11-21-2023)