§ 154.020 DEFINITIONS.
   ACCESSORY BUILDING. A subordinate, detached and roofed structure not designed or used for permanent year-round human habitation which serves a function incidental to and associated with that of the primary residential or commercial use on the same lot.
   ACCESSORY USE. A subordinate use which is incidental to that of the primary use and is a use other than human occupancy.
   ACCESSORY USE - CHILD CARE. An occupant’s use of a residential dwelling to provide child care for five or fewer children at any time for less than 24 hours a day; activity which is exempt from state child care licensing regulations.
   ADVISORY PLAN COMMISSION or PLAN COMMISSION. A planning commission serving a single local government jurisdiction established as defined under IC 36-7-1-2. The Town of Long Beach Plan Commission is an ADVISORY PLAN COMMISSION.
   ALLEY. A permanent “duly recorded” public or private service way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on some other street or place.
   APPLICANT. The fee simple owner of land or agent designated by the owner who makes application to the Plan Commission or Board of Zoning Appeals with the Building Commissioner for an action allowable by the terms of this chapter.
   ARCHITECTURAL FEATURES. Cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, decorative ornaments and the like.
   BABY-SITTING. Care provided for compensation in the home for no more than five children; an activity exempt from state child care licensing requirements.
   BASEMENT. A story that is not a story above the preconstruction grade elevation.
   BED AND BREAKFAST, HOME-STAY. An establishment, having one or more bedrooms for rent to transients for compensation in any form as an activity which is subordinate and incidental to the main residential use of the building. These are also referred to as TOURIST HOMES.
   BILLBOARD. See SIGN, OUTDOOR ADVERTISING.
   BLOCK. Property having frontage on one side of a street and located between the two nearest intersections or intersecting streets, or intersecting street and railroad right-of-way, or other barrier. When intersections or intersecting streets and railroad right-of-way, waterway, or other barriers do not exist, the unit of 660 feet shall be used and may begin at a quarter section line and terminate each 660 feet unless intersected by a street.
   BOARD. The Advisory Board of Zoning Appeals of the Town of Long Beach, LaPorte County, Indiana.
   BOARDING KENNEL. Use and occupancy of any zoning lot to keep and house four or more dogs, or other small animals that are ordinarily kept as pets, and are at least four years old. BOARDING KENNELS are strictly prohibited in any zoning district in the town. (See § 154.049(E))
   BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscaping features under this chapter or the subdivision regulations to be placed on private property and privately maintained or in a public right-of-way for the purpose of buffering lots from adjacent properties, for esthetic purposes, and/or for creating sound barriers and/or visual privacy.
   BUILDING. Any roofed structure built for the support, shelter, enclosure, or protection of persons, animals, chattel, or moveable property of any kind (each part of such structure that is separated from the rest by an unbroken common wall is considered to be a separate building for the purposes of this chapter).
      (1)   BUILDING, DETACHED. A building having no structural connection with another building.
      (2)   BUILDING, FRONT LINE OF. The line of the face of the building parallel to building line or building front setback line.
      (3)   BUILDING LENGTH. The longest side measurement of a building measured at the foundation line.
      (4)   BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of zoning lot on which the building is situated. Where any part of an accessory building or structure is attached to the principal building by any means, so as to give the impression that the building is a single structure and that such accessory building (including attached garages) shall be counted as a part of the PRINCIPAL BUILDING.
      (5)   BUILDING WIDTH. The shortest side measurements of the building measured at the foundation line. The shortest side measurement shall not be less than 1/3 of the longest side measurements of any building; used herein as the building length.
      (6)   BUILDING AREA. The horizontal projected area, measured at the foundation line, of the building on the zoning lot including open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet. For any cantilevered building space or floor area projecting or extending beyond the foundation line such square footage shall be included in the total square footage of BUILDING AREA (such as the “shadow” of the building total floor area shall be considered in the computation of building area).
      (7)   BUILDING CODE. The nationally recognized model Building Code adopted by the Town Council, as periodically updated, including supplements, variations, or amendments promulgated by the national code sponsor and/or Town Council.
      (8)   BUILDING COMMISSION. The person or persons duly appointed and/or delegated the responsibility for the administration and enforcement of these regulations by the Town Council as provided for in §§ 154.149 et seq.
      (9)   BUILDING HEIGHT. The vertical distance defined by projecting the perimeter of the proposed building platform (also known as the footprint) on the preconstruction grade elevation to the uppermost point of the roof. However, chimneys, antennas, and similar extensions shall not be used in making this determination of height.
      (10)   BUILDING INSPECTOR.
         (a)   Any persons or persons meeting the qualifications of § 151.006 and appointed by the Building Commission and Town Council to serve in the position of Building Inspector as provided in §§ 154.149  et seq.
         (b)   Any persons or persons meeting the qualifications of §§ 150.020 and appointed by the Building Commission to serve in the position of Electrical Inspector as provided in §§ 154.149  et seq.
      (11)   BUILDING LINE, FRONT or BUILDING SETBACK LINE. The line that establishes the minimum permitted distance on a zoning lot between the front line of a building and the street right-of-way measured perpendicular from the right-of-way line.
      (12)   BUILDING PERMIT. See IMPROVEMENT LOCATION PERMIT.
      (13)   MAXIMUM BUILDING HEIGHT. Measured at:
         (a)   The lowest preconstruction grade elevation at the perimeter of the proposed building platform; or
         (b)   The highest preconstruction grade elevation at the perimeter of the proposed building platform.
   BUSINESS. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit. Under the terms of this chapter, BUSINESSES include retail sales and provisions of all personal services of all types.
   CERTIFICATE OF OCCUPANCY. A certificate signed by the Building Commissioner or designee stating that the occupancy and use of land and/or building or structure referred to therein complies with the provisions of this chapter.
   CHILD CARE. Custodial, supervisory, recreational or institutional care, designed to supplement parental care, given children (other than the provider’s), who are under 11 years old. Child care facilities are either licensed by the state or exempted from licensing requirements. CHILD CARE does not include: public or parochial schools, pre-schools, baby-sitting, day camps, summer camps, foster homes, group homes, or cooperatives reciprocating care by group parents in their own homes. See ACCESSORY USE - CHILD CARE CENTER, CHILD CARE HOME.
   CHILD CARE CENTER. A state licensed (or exempted) child care center facility is either:
      (1)   A nonresidential structure where one or more individuals provide child care for any number of children;
      (2)   A facility in a residentially occupied residential structure where individuals provide child care for 11 or more children at any time; or
      (3)   A non-residentially occupied residential structure for six or more children at any time.
   CHILD CARE HOME. A state licensed (or exempted) facility in a residential structure where one or more individuals provide child care for six to ten children, for more than four hours but less than 24 hours, for ten or more consecutive working weekdays. The structure shall be occupied as a residence.
   COMMERCIAL BUSINESS. Any activity which provides goods or services for consideration in any form including short-term occupancy and use of residential structures for a period of less than 30 days.
   COMMISSION. The Long Beach Advisory Plan Commission.
   CONDOMINIUM. Real estate lawfully subjected to IC 32-1-6 (the Horizontal Property Law) by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.
   COURTWAY, DEDICATED. See PLACE.
   DAILY RENTAL USE. The act of letting or leasing for consideration of any form, a dwelling unit, principal building, accessory building, structure or all or any portion of the zoning lot for occupancy for a period of less than 30 consecutive days.
   DECK. An open (unroofed, no pergola) surface designed to support human use including walkways and platforms and railings constructed of wood, metal, plastic or other material attached to a dwelling or accessory use structure.
      (1)   DECK, GROUND SURFACE. A deck that is constructed on the surface of the ground.
      (2)   DECK, ELEVATED. A deck that is constructed above the surface of the ground.
   DETACHED BUILDING. See BUILDING, DETACHED.
   DEVELOPMENT (SITE) PLAN. A drawing, including a legal or site description, of all real estate involved which shows the location and size of all buildings, current topography and proposed finish grade topography, structures, and yards; location and dimension of building lines, and easements; widths and lengths of all entrances, and exits to and from any real estate; location of all adjacent or adjoining streets or places; all of which present a unified and organized arrangement of buildings and service facilities and other development and to the uses of properties immediately adjacent to the proposed development.
   DWELLING. A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, lodging, or boarding houses or tourist homes (including bed and breakfast facilities).
   DWELLING UNIT. A separate detached building designed for and occupied exclusively as a residence by one family and used by one family for cooking, living and sleeping purposes.
   EASEMENT. An authorization grant made by a property owner for use by another of any designated part of his/her property for a clearly specified purpose and officially recorded.
   FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nursing home, dormitory, fraternity, or sorority house.
   FLOOD HAZARD AREAS. The area subject to flooding or erosion as shown on the flood hazard or floodway-flood boundary maps of the Federal Emergency Management Administration and/or the Indiana Department of Natural Resources.
   FLOODPLAIN. The area adjoining a lake, river or stream, which has been or hereafter may be covered by floodwater from the regulatory flood as defined by the Federal Emergency Management Administration and/or the Indiana Department of Natural Resources.
   FLOOD PROTECTION GRADE. The elevation of the lowest habitable floor of a building which shall be two feet above the elevation of the regulatory flood as defined by the Federal Emergency Management Administration and/or the Indiana Department of Natural Resources.
   FLOODWAY. See REGULATORY FLOODWAY.
   FLOODWAY FRINGE. That portion of the floodplain lying outside the floodway, which is inundated by the regulatory flood.
   FOUNDATION. The supporting member of a wall or structure situated in the ground.
   FRONT YARD. The horizontal space between the nearest foundation of a building to the right-of-way line and that right-of-way line, extending to the side of the lot, and measured as the shortest distance perpendicular from the right-of-way line from the foundation to the right-of-way line. The FRONT YARD of a corner zoning lot shall be the yard abutting the street upon which the zoning lot has its least frontage, except as deed restrictions specify otherwise, or as varied by the Board of Zoning Appeals. For the term of FOUNDATION used herein, any support footing used for any appurtenance to a principal building for porches and the like shall be considered a foundation. (See Appendix B, Figure 1)
   FRONT ZONING LOT LINE. See BUILDING, FRONT LINE OF.
   GARAGE, PRIVATE. An accessory building with capacity for not more than three motor vehicles per dwelling unit, one of which may be a commercial vehicle of not more than three ton capacity. See ACCESSORY BUILDING.
   GARAGE or YARD SALE. See § 154.056.
   GENERAL INDUSTRIAL USE. Manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which some operations, other than transportation, are performed in the open or totally or partially within a building. GENERAL INDUSTRIAL USE as used in this chapter, includes all commercial and industrial operations and facilities not otherwise included in the definition of business as defined in the section.
   GROUND FLOOR (GROSS) AREA. The square foot area of a residential building (including garages constructed as part of the principal structure) within its largest outside dimensions computed on a horizontal plane at the top of the foundation, exclusive of unroofed porches, breezeways, terraces, garages, and exterior stairways, but inclusive of any covered porches, breezeways and any other permanent structural attachments, regardless of the means of supporting foundation.
   HARDSHIP. A perceived difficulty with regard to one’s ability to improve land stemming from the application of the development standards of this chapter, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of, or restriction of, economic gain shall not be considered HARDSHIP. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvements; any improvement initiated in violation of the standards of this chapter, or any result of land division requiring variance from the development standards of this chapter in order to render the site buildable.
   HOME OCCUPATION/SERVICE. An accessory use conducted entirely within a dwelling unit and participated in solely by members of the family (except as provided in § 154.053) which occupy the residence, which use is clearly incidental and secondary to the use of the building for dwelling purposes and does not change the character thereof and in connection with which there is no commodity or service sold upon the premise. In no event shall a shop, tea room, sales display area, or public accessible sales or service area including barbershops, hair salons, beauty shops offices of doctors or dentists and any other medical or other personal service operations be considered part of a HOME OCCUPATION.
      (1)   Examples of HOME OCCUPATIONS/SERVICES include financial consultants, independent business representatives, and other telephone and computer based business occupations which do not routinely rely on customer or client visitation on the premise of the home occupation.
      (2)   HOME OCCUPATION/SERVICE is commonly understood to be the use of a home for a business or professional service pursuant to the requirements of § 154.053.
   IMPROVEMENT LOCATION PERMIT.
      (1)   Written permission in the form of a permit issued by the Building Commissioner stating that the proposed erection, construction, enlargement, alteration, repair, demolition or removal, moving of a building or structure or the change of any use or condition of the land referred to therein complies with the provision of this chapter. Under the terms of this chapter an IMPROVEMENT LOCATION PERMIT is an integral part of a building permit issued pursuant to the Building Code of the town.
      (2)   Issuance of the IMPROVEMENT LOCATION PERMIT unless otherwise requested by the applicant and issued separately by the Building Commissioner, shall accompany or be incorporated in the building permit issued by the Building Commissioner or his or her designee.
   INTERESTED PARTIES. Those parties who are owners or occupants of properties adjoining or located adjacent to the property (including those properties immediately across a street, place or alley) for which a zoning action is being sought and to whom notice of pending action under the terms of this chapter must be provided.
   LOT. A LOT is a legally described amount of land as defined and shown on the John A. Henry “Map of Long Beach as Developed by Long Beach Development Company” dated April 1, 1950, which is a compilation of all platted lots at the date of incorporation of the town, or on a subdivision plat approved by the town and legally recorded with the Recorder of LaPorte County after this date.
      (1)   CORNER ZONING LOT. A zoning lot situated at the intersection of two streets or the bend of a road, where the interior angle of such intersection or bend of such road does not exceed 135 degrees. A zoning lot with streets abutting more than two sides shall also be considered a CORNER LOT. See VISION CLEARANCE ON CORNER LOTS. (See Appendix B, Figure 2)
      (2)   INTERIOR LOT. A zoning lot other than a corner zoning lot or through zoning lot. (See Appendix B, Figure 2)
      (3)   INTERIOR ZONING LOT, REVERSED. A zoning lot or irregular shape with the narrowest portion of the zoning lot abutting the street. (See Appendix B, Figure 5)
      (4)   LOT, ZONING. A ZONING LOT is a single lot meeting the minimum residential zoning lot size requirement of the zoning district in which the zoning lot resides, or two or more lots being the historic combination of two, or more lots under single ownership, when used in any way, as a single integrated home site for a single-family home including surrounding yards and unbuilt preserved natural area(s). A ZONING LOT must be assessable by means of a street or place abutting upon a street or place for at least 60% of the zoning lot width prescribed for the district in which the zoning lot is located.
      (5)   THROUGH ZONING LOT. A zoning lot having frontage on two parallel or approximately parallel streets. (See Appendix B, Figure 2)
   MANUFACTURED HOME.
      (1)   A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.) and which also complies with the following specifications and where such dwelling unit meets the minimum dwelling unit size standards established by the Town Council as set forth in § 154.047:
         (a)   Shall have been constructed after January 1, 1981 and must exceed 950 square feet of occupiable space per IC 36-7-4-1106(d);
         (b)   Is attached to a permanent foundation of material in compliance with the building code of the town and has a permanent perimeter enclosure constructed in accordance with the Town Building Code;
         (c)   Has wheels, axles and towing chassis removed; and
         (d)   Has a pitched roof with a minimum rise of 2/12.
      (2)   No manufactured housing shall be permitted as an addition to a principal residential building in any district.
   MOBILE HOME. Any vehicle without motive power designed by the manufacturer or maker with hitch and undercarriage to permit attachment of axles, wheels, and so designed to permit its being used as a conveyance upon public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a single-family dwelling and not qualifying under the definition of MANUFACTURED HOME.
   NONCONFORMING USE. A building, structure, or use of land properly existing at the time of enactment of this chapter which does not conform to the regulations of the district in which it is situated.
   OCCUPIED SPACE. See BUILDING AREA. The portion of a building, structure or yard area used on a regular basis opposed to an area used infrequently such as building storage or yard open space.
   OPEN USE. The use of a zoning lot with or without building or including a building incidental to the open use with a ground floor area equal to 5% or less of the area of the lot.
   PARKING AREA, PUBLIC. An open area, other than a street, alley or place designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers, paved with a suitable dust preventive hard surface.
   PARKING SPACE. A space other than on a street, alley or place designed for use or used for the temporary parking of a motor vehicle, and being not less than ten feet wide and 20 feet long exclusive of passage ways.
   PERMANENT FOUNDATION. A structural system for the transposing loads from a structure to the earth at a depth below the established frost line without exceeding soil bearing capacity for the supporting wall designed and constructed in conformance with the Town Building Code.
   PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground, except for necessary openings, constructed in accordance with the Town Building Code.
   PERSON. A corporation, limited liability company, firm, partnership, association, organization, or any other group acting as a unit, as well as a natural person.
   PLACE OR DESIGNATED COURTWAY. An open, unoccupied officially designated space other than a street or alley, permanently reserved for the use as the principal (or secondary) means of access to abutting property.
   PLAT. A map indicating the subdivision or resubdivision of land, intended to be filed for record with the County Recorder.
   PRECONSTRUCTION GRADE ELEVATION. A reference surface representing preconstruction ground level topography within the projected perimeter of the proposed building platform (also referred to as footprint) of the principal living quarters or accessory building.
   PRIMARY USE. The principal predominate use of real estate.
   PRIMARY USE BUILDING. A building (including any other building attached, by any means, such as by a roof (See BUILDING AREA)), in which the primary use of the zoning is conducted. For single-family residential uses, it is the main dwelling. Only one PRIMARY USE BUILDING is permitted per zoning lot and all others shall be accessory to it.
   PRIVATE SCHOOL. A school other than a public school.
   PROFESSIONAL OFFICE. Office of members of recognized professions, such as an architect, artist, attorney, dentist, engineer, musician, physician, surgeon, realtors, insurance agents or other like professions.
   PUBLIC SCHOOL. A pre-primary, primary, grade or high school, college, or university which is publically owned and operated.
   REAR YARD. A REAR YARD is defined herein, encompassing the horizontal space between the nearest foundation of a building to a rear zoning lot line and that rear zoning lot line, extending to the side lines of the lot, and measured as the shortest distance from the foundation to the rear zoning lot line. The REAR YARD of a corner lot shall be that yard at the opposite end of the zoning lot from the front yard. (See Town Schedule of Zoning District Regulations, Appendix A)
   RECREATIONAL VEHICLE. A movable vehicular structure designed as a temporary dwelling for travel and vacation uses which:
      (1)   Is identified on the unit by the manufacturer as a travel trailer or motor home;
      (2)   Of a size that is legal for street use;
      (3)   Is a structure mounted on an automobile or truck; and
      (4)   Is designed to be used for sleeping and human habitation.
   REGULATORY FLOOD. That flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
   REGULATORY FLOODWAY. The channel of a river or stream and those portions of floodplains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and, is that area covered by flood waters in significant downstream motion or covered by significant volumes of stored water during occurrences of the regulatory flood.
   SECTION, MANUFACTURED HOUSING. A unit of a manufactured home at least ten feet in width and 30 feet in length.
   SETBACK. A line parallel to and equidistant from the relevant zoning lot lines (front, back, side) between which no buildings or structures may be erected unless otherwise permitted by specific terms of this chapter. (See Town Schedule of Zoning District Regulations, Appendix A)
   SIDE YARD. The horizontal unoccupied space between the nearest foundation of a building to the side zoning lot line extending from the front zoning lot line to the rear zoning lot line.
   SIGN. Any board, device, or structure or part thereof used for advertising, display, or publicity purposes. SIGNS are categorized as on-premise, off-premise, outdoor and portable. The total size of a sign under terms of this chapter shall consider only one surface. SIGNS placed or erected by a governmental agency for the purposes of showing street names or traffic directions or regulations or for other governmental purposes shall be exempted from regulations.
      (1)   SIGN, ON-PREMISE. A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities on the premises upon which it is located.
      (2)   SIGN, OFF-PREMISE. A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities off of the premises upon which it is located.
      (3)   SIGN, OUTDOOR ADVERTISING. A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the activities on the premises upon which it is located.
      (4)   SIGN, PORTABLE. A free-standing, on-premise or off-premise advertising device which is designed to be moved from one location to another and is not permanently affixed to the ground or to a structure, or is only affixed by means of tie-down straps or stakes.
   SINGLE-FAMILY DWELLING. A building, on a separate lot, containing one dwelling unit.
   SPECIAL USE/EXCEPTION AS PERMITTED USE. The authorization of a use that is designated as such by this chapter as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by the Board of Zoning Appeals.
   STORY. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
   STORY ABOVE GRADE. Any story having its finished floor surface entirely above the preconstruction grade elevation or in which the finished surface of the floor next above is:
      (1)   More than six feet above the preconstruction grade elevation; or
      (2)   More than 12 feet above the preconstruction grade elevation at any point.
   STREET. A right-of-way, other than an alley, place or dedicated courtway, dedicated or otherwise legally established to the public use, affording the principal means of access to abutting properties.
   STRUCTURE. Anything constructed or erected which requires location on or in the ground or which is attached to something having a location on or in the ground.
      (1)   SUB-SURFACE STRUCTURE. Any structure underground and not visible on the surface of the zoning lot including septic system, sprinklers.
      (2)   SURFACE STRUCTURE. Any building or man-made surface feature or designed earth feature other than normal finished grading for drainage purposes, including berms, drives, carport, walkways, parking areas, garden houses, storage sheds, tents, canopies, gazebos, decks, porches, play houses, game courts, towers, signs, fences, walls, trailers, swimming pools, recreational equipment, seawalls, among others, but not including wires and their supporting poles, electrical frames and other public utilities. (See BUILDING).
   STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior walls or the roof.
   SUBDIVISION. The division of a lot or zoning lot into two or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms and conditions, including re-subdivision.
   TOPOGRAPHY, EXISTING. The topography of a zoning lot before any earth changes which modify the elevation of any portion of the zoning lot either by relocation of any amount of soil within the boundary of the site, removal of any amount of soil from the zoning lot or depositing soil brought from another source onto the zoning lot.
   TOPOGRAPHY, FINISH GRADE. The topography of the zoning lot after any earth changes. The finish grade cannot be higher than 12 inches below the top of foundation.
   TOPOGRAPHY, FINISH GRADE - SEVERE TOPOGRAPHIC ELEVATIONS. In cases of severe topographic elevations, the applicant shall propose a finish grade which shall be approved by the Board of Zoning Appeals or modified, if found necessary by the Board of Zoning Appeals.
   TOP OF FOUNDATION ELEVATION. The elevation of the top edge of the foundation as established by the architect or builder of the principal permitted or accessory building constructed on a parcel.
   USE. The employment or occupation of a building, structure, or land for a person’s service, benefit, or enjoyment.
   USE VARIANCE. The approval of a use other than that prescribed by this chapter. Changes of allowed uses are not permitted by this chapter except by zoning map amendment or other action permitted by law.
   VARIANCE. A modification of the specific requirements of this chapter granted by the Board of Zoning Appeals, in accordance with the terms of this chapter, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other property in the same vicinity.
   VISION CLEARANCE ON CORNER LOTS. A triangular space at the street, alley, place or courtway corner of a corner lot, free from any kind of obstructions to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points 15 feet equidistant from the street corner along each property line. (See Appendix B, Figure 7)
   YARD. A space on the same zoning lot with a principal building that is open and unobstructed except as otherwise authorized by this chapter.
   ZONING LOT COVERAGE. The horizontal area of all buildings and structures, measured in accordance with the BUILDING AREA and STRUCTURE definitions of this section, as a percentage of total zoning lot area (horizontal plane) calculated in accordance with the definition of ZONING LOT in this section.
   ZONING LOT LINE, FRONT. In case of an interior zoning lot, a line separating the zoning lot from the right-of-way line of a street or place; and in the case of a corner zoning lot a line separating the narrowest street frontage of the zoning lot from the street or place right-of-way line, except in cases where deed restrictions in effect specify another line as the zoning lot frontage.
   ZONING LOT LINE, REAR. A zoning lot line which is opposite and most distant from the front zoning lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in length within the zoning lot, parallel to and at its maximum distance from the front zoning lot line. (See Appendix B, Figure 5)
   ZONING LOT LINE, SIDE. Any zoning lot boundary line not a front zoning lot line or a rear zoning lot line.
   ZONING LOT, or LOT. See definition of LOT, ZONING.
   ZONING LOT WIDTH. The distance between the side zoning lot lines measured perpendicularly at the front building line.
(Ord. 0203, passed 6-10-02; Am. Ord. 0803, passed 4-14-08; Am. Ord. 1002, passed 6-14-10; Am. Ord. 2016-03, passed 4-11-16; Am. Ord. 2016-04, passed 6-13-16; Am. Ord. 2017-01, passed 3-13-17; Am. Ord. 2018-05, passed 9-10-18; Am. Ord. 2018-07, passed 12-10-18)