(A) In the construction of this subchapter, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word usage shall apply.
(1) Rules.
(a) Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.
(b) The word “shall” is mandatory and not discretionary.
(c) The word “may” is permissive.
(d) ACCEPTED ENGINEERING PRACTICE shall be that which conforms to accepted principles, tests or standards of nationally recognized technical or scientific authorities.
(2) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDITION. An extension or increase in floor area or height of a building or structure.
BASEMENT. That portion of a building that is partly below and partly above grade, and having at least one-half of its height above grade and used for storage, garages for use of occupants of the building, or other utilities common to the building.
BUILDING, DETACHED. A building surrounded by open space on the same zoning lot as the principal building, but separated from the principal building by not less than ten feet.
BUILDING HEIGHT. The vertical distance from existing grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the top of gable, hip and gambrel roof, or to the top of any structure of substance thereupon, excluding required chimneys.
BUTTRESS. A projecting part of a masonry wall built integrally therewith to furnish lateral stability which is supported on proper foundations.
CELLAR. A story which may have part, but not more than one-half of its height above grade, and used for storage, garages for use of occupants of the building or other utilities common to the building.
CERTIFICATE OF USE AND OCCUPANCY. The certificate issued by the building official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
CHIMNEY. A primarily vertical enclosure containing one or more passageways.
1. FACTORY-BUILT CHIMNEY. A chimney that is factory-made, listed by an accredited authoritative testing agency, for venting gas appliances, gas incinerators and solid or liquid fuel burning appliances.
2. MASONRY CHIMNEY. A field constructed chimney built in accordance with this code and nationally recognized standards.
COMBUSTIBLE (MATERIAL). A material which cannot be classified as noncombustible in accordance with that definition.
COST OF CONSTRUCTION. For purposes of calculating building permit fees, the cost of construction shall be the fair market value of a construction project including labor and material for all trades and engineering services. Land cost shall not be included in the calculation.
DWELLING. A building or portion thereof, designed or used as living quarters including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels or motels or rooming and boarding houses.
DWELLING, ATTACHED. One which is joined to another dwelling at one or more sides by a party wall or walls or roof.
DWELLING, DETACHED. One which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
DWELLING, TWO-FAMILY. A building containing two dwelling units only.
DWELLING UNIT. Consists of one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included for each DWELLING UNIT.
FIRE RESISTANCE RATING. The time in hours or fractions thereof that materials or their assemblies will resist fire exposure as determined by fire tests conducted in compliance with recognized standards.
FLOOR AREA.
1. The aggregate square footage of all floors of all structures, at or above grade, measured from outside exterior dimension, including attached and detached garage(s), except as provided in the definition for basement above, pool buildings or cabana buildings, tennis courts, above ground swimming pools, decks and terraces and all appurtenances thereto more than five feet above ground, measured from the original grade of record and play structures more than seven feet in height and with a footprint larger than 150 square feet.
2. All interior spaces with a wall height in excess 12 feet may be counted twice if the Director of Community Development determines that the space involved is comparable to two floor areas.
FLOOR AREA RATIO. The floor area divided by the lot area.
FLOOR FINISH. The finish placed on top of the floor arch, slab or other structural floor element.
GRADE, EXISTING. Established by either:
1. The building pad elevation, as shown on a subdivision grading plan as approved by the City Engineer; or
2. Where such plans do not exist,
EXISTING GRADE shall be the average elevation of the ground surface, in its natural state, measured at the corners of the proposed structure. For structures in excess of 100 feet in length, additional measurements, at 100 foot intervals, measured from the lower corner to the higher corner, shall also be included in establishing the average. This computation must be reviewed and approved by the City Engineer.
HABITABLE ROOM. A room or enclosed floor space arranged for living, eating, and sleeping purposes (not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways and other accessory floor spaces).
NONCOMBUSTIBLE MATERIAL. A material which, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion or release flammable vapors, when subjected to fire or heat. Materials reported as noncombustible, when tested in accordance with the, Standard Method of Test for Noncombustibility of Elementary Materials, ASTM E 136-73, shall be considered NONCOMBUSTIBLE MATERIALS.
TABLELAND. Land where the slope in any direction does not exceed 10%.
(Prior Code, § 9-78) (Ord. 94-11B, passed 4-21-1994)