§ 153.007  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except where definitions are specifically included in various articles and sections, words in the text or tables of this chapter shall be interpreted in accordance with the provisions set forth in this section. Where words have not been defined, the standard dictionary definition shall prevail. In any case, the Zoning Administrator shall have the right to interpret the definition of any word.
   ACCESSORY.  An activity or structure that is customarily associated with and is appropriately incidental and subordinate to a principal activity and/or structure and located on the same lot, except as provided for under the provisions of accessory off-street parking.
   ALLEY.  A public way intended to provide only secondary vehicular access to abutting properties.
   ATTACHED.  An enclosure having walls, roof and floor.
   AUTOMOBILE GRAVEYARD.  Any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated are placed.
   BASEMENT.  A building whose bottom floor is more than 12 inches, but not more than one-half of its height below average level of the adjoining ground (as distinguished from a “cellar,” which is more than one-half below such level).
   BUILDING.  A structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a building.
   BUILDING HEIGHT.  The vertical distance from the highest point on a structure, excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.
   BULK.  Describes the size of buildings or other structures, and their relationship to each other and to open areas and lot lines, and therefore includes:
      (1)   The size (including height and floor area) of buildings or other structures;
      (2)   The area of the lot upon which a residential building is located, and the number of dwelling units within each building in relation to the area of the lot;
      (3)   The location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, or to other structures; and
      (4)   All open areas relating to buildings or other structures and their relationship thereto.
   CLINIC.  An establishment where persons are given medical, dental or surgical treatment by one but not more than four physicians or dentists with no patients lodged overnight.
   COMPLETELY ENCLOSED.  Refers to a building or other structure having a roof, and separated on all sides from the adjacent open area or from other buildings or other structures, by exterior walls or party walls, pierced only by windows or entrance and exit doors normally provided for persons, goods or vehicles.
   CONDITIONAL USE.  A use that would not be appropriate generally or without restriction throughout the district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a district as CONDITIONAL USES, if specific provisions for such use is made in this chapter.
   CUL-DE-SAC.  A local public street having only one end open to traffic and the other end being permanently terminated by an appropriate turnaround for the safe and convenient reversal of traffic movement.
   CURB LEVEL.  The mean of the elevations of the side lot lines extended to the street line.
   DWELLING, MOBILE HOME. A detached, single-family dwelling unit with a permanent steel chassis possessing all of the following characteristics:
      (1)   Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
      (2)   Designed to be transported after fabrication on its own wheels; and
      (3)   Arriving at the site where it is to be occupied as a complete dwelling including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connections to utilities and the like.
   DWELLING, MODULAR HOME.  A single-family dwelling unit that is constructed basically as a conventionally built wood frame house except it is built at a factory and is transported to the site on which it will be permanently located. The MODULAR HOME may not have a permanent steel chassis.
   DWELLING, MULTI-FAMILY.  A building containing three or more dwelling units. The term includes cooperative apartments, condominiums and the like. For purposes of these regulations, regardless of how rental units are equipped, any MULTI-FAMILY DWELLING in which units are available for rental partly on a monthly basis and partly for a shorter time period, but with less than 30% of the living units under the same ownership or management on the same lot being occupied on a less-than-monthly basis, shall be considered as a semi-transient residential activity.
   DWELLING, SINGLE-FAMILY DETACHED.  A single-family dwelling entirely separated from structures on adjacent lots.
   DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed tor occupancy by not more than two families.
   DWELLING UNIT.  A room or rooms connected together, constituting a separate independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent cooking and sleeping facilities.
   FAMILY.  An individual or a group of two or more persons related by blood, marriage or adoption, together with not more than three additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit.
   FLOOR AREA.  The total of the gross areas of all floors, including usable basements and cellars, below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof, but excluding the following:
      (1)   Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto required in this chapter; and
      (2)   In the case of nonresidential facilities: arcades, porticoes and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service or production areas.
   HOME OCCUPATION.  An occupation conducted in a dwelling unit, provided that:
      (1)   Only one person other than members of the family residing on the premises shall be engaged in such occupation;
      (2)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
      (3)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the principal building;
      (4)   No home occupation shall be conducted in any accessory building;
      (5)   There shall be no sales in connection with such home occupation;
      (6)   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and
      (7)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling.
   HOSPITAL. An institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanitarians but in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts.
      (1)   Changes or replacements in the nonstructural parts of a building or other structure without limitations to the following examples:
         (a)   Alteration of interior partitions to improve livability in a nonconforming residential building, provided that no additional dwelling units are created;
         (b)   A minor addition to the exterior of a residential building, such as an open porch;
         (c)   Alterations of interior non-load-bearing partitions in all other types of buildings or other structures; and
         (d)   Replacement of, or minor changes in, capacity of utility pipes, ducts or conduits.
      (2)   Changes or replacements in the structural parts of a building or other structure, limited to the following examples or others of similar character or extent:
         (a)   Making windows or doors in exterior walls;
         (b)   Replacement of building facades having non-load-bearing capacity; and
         (c)   Strengthening the floor load-bearing capacity, in not more than 10% of the total floor area, to permit the accommodation of specialized machinery or equipment.
   JUNKYARD. The use of any area of land lying within 100 feet of a state highway or the use of more than 200 square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. This term includes the term AUTOMOBILE GRAVEYARD.
   KENNEL.  A place prepared to house, board, breed, handle or otherwise keep or care for dogs, cats or other small animals for sale or in return for compensation.
   LANDSCAPING.  The planting and maintenance of trees, shrubs, lawns and other ground cover or materials, provided that terraces, fountains, retaining walls, street furniture, sculptures or other art objects and similar accessory features may be included as landscaping if integrally designed.
   LOT.  A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other spaces as required by this chapter. A LOT shall have frontage on an approved public street. A LOT shall either be shown on a plat of record or be considered as a unit of property described by metes and bounds.
   LOT AREA.  The entire area of a lot.
   LOT COVERAGE.  The portion of a lot which when viewed directly from above, would be covered by a building or any part of a building.
   LOT FRONTAGE.  The front of a lot shall be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE, and yards shall be provided as indicated in this chapter.
   LOT LINE.  A line marking the boundary of a lot.
      (1)   LOT DEPTH.  The average horizontal distance between the front and rear lot lines.
      (2)   LOT WIDTH.  The average horizontal distance between side lot lines.
   LOT OF RECORD. A lot which is part of a subdivision recorded in the Clerk’s office of the Circuit Court, or a lot whose existence, location and dimensions have been legally recorded or registered in a deed prior to the enactment of this chapter.
   LOT TYPES.  The diagram (Figure 1) which follows illustrates terminology used in this chapter with reference to corner lots, interior lots, reversed frontage lots and through lots. In this diagram:
      (1)   A = CORNER LOT.  A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in the diagram.
      (2)   B = INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
      (3)   C = THROUGH LOT.  A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
      (4)   D = REVERSED FRONTAGE LOT.  A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (B-D) or a through lot (C-D).
   MOBILE HOME PARK.  An area where two or more mobile homes or trailers can be and are intended to be parked, designed or intended to be used as temporary or permanent living facilities for two or more families.
   MOBILE HOME SPACE. A plot of ground within a mobile home park, designed to accommodate one mobile home and which has water, sewer and electricity available at the space.
   MOBILE HOME STAND. That part of an individual mobile home space which has been reserved for the placement of the mobile home.
      (1)   Any lawful building or other structure which does not comply with any one or more of the applicable bulk regulations; or
      (2)   Any lawful use other than a nonconforming use, which does not comply with any part or any one or more of the applicable regulations pertaining to: location along district boundary; signs; or accessory off-street parking and loading; either on the effective date of this chapter or as a result of any subsequent amendment.
   NONCONFORMING USE. A lawful use of a building or other structure or of a tract of land which does not conform to any one or more of the applicable use regulations of the district in which it is located, either on the effective date of this chapter or as a result of any subsequent amendment.
   PRINCIPAL ACTIVITY.  An activity which fulfills a primary function of an establishment, institution, household or other entity.
   PRINCIPAL BUILDING.  A building which contains the principal activity or use located on the lot on which it is situated.
   PROFESSION (PROFESSIONAL OFFICE).  The term “profession,” as used in this chapter, is limited in its application to physicians and surgeons, lawyers, members of the clergy, architects and engineers, or other persons holding advanced degrees from institutions of higher learning in the field in which they practice. The term is not intended to include insurance agents, insurance adjusters, realtors, photo studios, beauty parlors, barber shops, dance schools, business schools or any persons engaged in sales or trade. In permitting PROFESSIONAL OFFICE as home occupations, and only as accessory uses in certain districts, it is intended that such offices shall be subject to limitations placed on home occupations generally, but that only offices occupied by persons engaged in professions, as herein defined, shall be permitted.
   REQUIRED YARD. That portion of a lot that is required by the specific district regulation to be open from the ground to the sky and may contain only explicitly listed obstructions.
      (1)   A building or part of a building containing one or more dwelling units or rooming units, including single-family or two-family houses, multiple dwellings, boarding or rooming houses, or apartment hotels.
      (2)   However, RESIDENCES do not include:
         (a)   Such transient accommodations as transient hotels, motels, tourist homes or similar establishments;
         (b)   Dormitories, fraternity or sorority houses, monasteries or convents, or similar establishments containing group living or sleeping accommodations;
         (c)   Nurses, rest homes or other sleeping or living accommodations in community facility buildings or portions of buildings used for community facilities; or
         (d)   In a mixed building, that part of the building used for any nonresidential uses, except uses accessory to residential uses.
   RESTAURANT. An establishment where food is ordered, prepared and served for pay.
   RESTAURANT, CONVENTIONAL.  A restaurant with a seating capacity of 50 persons or more wherein the number of counter stools does not exceed 20% of the total number of seats, including table or booth seats, and food is served primarily for consumption on the premises in a completely enclosed room, under roof of the main structure or in an interior court.
   RESTAURANT, DRIVE-IN.  A restaurant wherein special facilities are available or special provision is made to make available service or goods to be consumed by patrons off the premises, by patrons in automobiles, or by patrons who may serve themselves and consume the goods in other than a completely enclosed structure or an interior court on the premises. The term includes any restaurant offering special “curb service” or “drive-in service.”
   RETAIL STORES AND SHOPS. Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards), such as the following, which will serve as illustration: drugstore, newsstand, food store, candy shop, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, optician, music and radio store, tailor shop, banker shop and beauty shop.
   SEMI-TRANSIENT RESIDENTIAL ESTABLISHMENT.  An establishment where lodging is provided for compensation partly on a monthly or longer basis and partly for a shorter time period, but with less than 30% of the living units under the same ownership or management on the same lot being occupied on a less than monthly basis; but excluding institutional living arrangements involving the provision of specific kinds of forced residences, such as nursing homes, orphanages, asylums and prisons.
   SETBACK LINE.  A line running parallel to the street which establishes the minimum distance the principal building must be setback from the street line.
      (1)   Any writing (including letter, word or numeral); pictorial presentation (including illustration, or decoration); emblem (including device, symbol or trademark); flag (including banner or pennant); or any other figure of similar character, which:
         (a)   Is a structure or any part thereof, or is attached to, painted on or in any other manner represented on a building or other structure;
         (b)   Is used to announce, direct attention or advertise; and
         (c)   Is visible from outside a building.
      (2)   A SIGN shall include writing, representation or other figure of similar character within a building only when illuminated and located within a window.
   SIGN, ACCESSORY BUSINESS.  A sign which directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered on the same lot.
   SIGN, ADVERTISING.  A sign which directs attention to a business, profession, commodity, service or entertainment not necessarily conducted, sold or offered on the same lot.
   SIGN, CIVIC.  A sign identifying the nature of activity and other pertinent information for any community facility activity.
   SIGN, DEVELOPMENT.  A sign denoting the futive facility, architect, engineer, contractor, lending agency and/or developer on construction site.
   SIGN, REALTY.  A sign indicating pertinent information regarding property of sale, lease or rent.
   SIGN, RESIDENTIAL.  An accessory sign which indicates the name and/or address of the occupant or a permitted home occupation.
   STORY.  A portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it, provided that the following shall not be deemed a STORY:
      (1)   A basement or cellar if the finished floor level directly above it is not more than six feet above the average adjoining elevation of finished grade; and
      (2)   An attic or similar space under a gable, hip or gambrel roof, the wall plates or any exterior walls are not more than two feet above the floor of such space.
   STREET.  A publicly maintained right-of-way, other than an alley, which affords a primary means of access to abutting property. The word STREET shall include the words ROAD, HIGHWAY and THOROUGHFARE.
   STREET LINE. The property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the location of the property line is questioned, the side of the sidewalk farthest from the traveled street shall be considered as the street line.
   STRUCTURE.  Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground. This includes, but is not limited to, buildings, towers, smokestacks and overhead transmission lines.
   TRANSIENT LODGINGS.  A building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients with daily charge.
   TRAVEL TRAILER.  A travel trailer, pickup camper, converted bus, tent/trailer, tent or similar device used for temporary portable housing or a unit which:
      (1)   Can operate independent of connections to external sewer, water and electrical systems;
      (2)   Contains water storage facilities and may contain a lavatory, kitchen sink and/or bath facilities; and/or
      (3)   Is identified by the manufacturer as a travel trailer and/or is designed as a travel trailer.
   TRAVEL TRAILER PARK.  Any plot of ground upon which two or more travel trailers, occupied for camping or periods of short stay, are located.
   USE.  The purpose for which land or water or a structure thereon is designed, arranged and intended to be occupied or utilized or for which it is occupied or maintained
   USE AND OCCUPANCY PERMIT.  A written permit issued by the Zoning Adrninistrator required before occupying or commencing to use any budding or other structure or any lot.
   USE, PUBLIC. Any use that is under control of a unit of general purpose government or governmental agency.
   USE, RECREATION.  Any use of land or water and facilities provided for the enjoyment of the general public.
   USE, SEMI-PUBLIC.  Any use that is under the control of a non-private organization or a non-governmental agency which provides a public service.
   YARD.  An open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this chapter. The measurement of a YARD shall be construed as the minimum horizontal distance between the lot lines and any part of the building, such as roof overhang.
   YARD, FRONT.  A yard extending along the full length of a front lot line. In the case of a corner lot, a yard of at least the full depth required for a FRONT YARD in these regulations, and extending along the full length of a street line shall be considered a FRONT YARD. At least one such yard shall be designated for each corner lot, at least two such yards shall be designated for each through lot, and each through corner lot.
   YARD, REAR. A yard extending for the full length of a rear lot line.
      (1)   A yard extending along a side lot line from the required front yard to the required rear yard.
      (2)   In the case of a corner lot, any yard which abuts a street line and which is not designated a front yard shall be considered a SIDE YARD.
      (3)   In the case of a through lot, SIDE YARDS shall extend between the required front yards.
   ZONING PERMIT.  A written permit issued by the Zoning Administrator which is required before commencing any construction, reconstruction, alteration of any building or other structure or before establishing, extending or changing any activity or use on any lot.
(1996 Code, § 176-7)