For the purpose of this title, certain words and terms are defined.
General. Words used in the present tense shall include the future; and the singular number shall include the plural; and the plural, the singular; the word "building" shall include the word "structure"; the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory
"Accessory building" means a subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the building or premises.
"Alley" means a public thoroughfare which affords only a secondary means of access to abutting property.
"Apartment house" see Dwelling, multiple.
"Basement" means a story having part but not more than one-half its height below grade. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by others than a janitor employed on the premises.
"Boardinghouse" means a building other than a hotel, where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons, but not exceeding twenty persons.
"Building" means any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind; and when separated by dividing walls without openings, each portion of such building, so separated, shall be deemed a separate building.
"Building, height of means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
"Carport" means an accessory structure attached to or adjacent to, owned by and used by the occupants of a building, of which it is an accessory, for the purpose of providing overhead protection for one or more vehicles, with posts for support but no walls on any side and no door on the structure.
"Cellar" means a story having more than one-half of its height below grade.
"District" means any section of the city for which the regulations governing the use of buildings and premises or the height and area are uniform.
"Dwelling" means any building, or portion thereof, which is designed or used exclusively for residential purposes.
"Dwelling, multiple" means a building or portion thereof designed for occupancy by three or more families.
"Dwelling, single-family" means a building designed for occupancy by one family.
"Dwelling, two-family" means a building designed for occupancy by two families.
"Family" means one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodginghouse or hotel as defined in this section.
"Filling station" means any building or premises used principally for the storing, dispensing, sale or offering for sale at retail of automobile fuels or oils.
"Frontage" means property on one side of a street measured along the line of the street.
"Garage, private" means an accessory building designed or used for the storage of not more than three motor-drive vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial motor vehicle of not more than two tons capacity.
"Garage public" means a building, or portion thereof, other than a private or storage garage designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.
"Garage, storage" means a building, or portion thereof, designed or used exclusively for housing four or more motor-driven vehicles.
"Grade" means:
1. For buildings having walls adjoining one street only the elevation of the sidewalk at the center of the wall adjoining the street;
2. For buildings having walls adjoining more than one street the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
3. For buildings having no wall adjoining the street the average level for the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
"Half-story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more that two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.
"Home occupation" means any occupation or profession carried on by a member of a family residing on the premises, in connection with which there is used no sign other than one nonilluminated nameplate attached to the building entrance which is not more than one square foot in area; provided, that no commodity is sold upon the premises except that which is prepared upon the premises; provided, that no person is employed other than a member of the immediate family residing on the premises; provided, that no mechanical equipment is installed or used except such that is normally used for domestic or household purposes; provided, that no structural, plumbing or electrical additions or installations are necessary for the operation or establishment of such occupation; provided, that no state, county or city licenses are necessary or required to conduct such occupation; and provided, that such occupation is one which is customarily carried on in the home.
"Hotel" means a building used as abiding place of more than twenty persons who are lodged with or without meals for compensation.
"Institution" means a building occupied by a nonprofit corporation or nonprofit establishment for public use.
"Interior court" means an open space that is more than half surrounded by a single building.
"Lodginghouse" means a building where lodging only is provided for compensation to three or more, but not exceeding twenty persons, in contradistinction to hotels open to transients.
"Lot" means a parcel of land occupied or intended for occupancy by one main building together with its accessory buildings, and uses customarily incidental to it, including the open spaces required by this title.
"Lot, corner" means a lot adjoining two or more streets at their intersection.
"Lot, depth of means the mean horizontal distance between the front and rear lot lines.
"Lot, double frontage" means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
"Lot, interior*' means a lot other than a corner lot.
"Lot lines" means the lines bounding a lot.
"Lot of record" means a lot which is part of a subdivision, the map of which has been recorded in the office of the county clerk of Lea County, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Clerk of Lea County.
"Nonconforming use" means the use of any premises contrary to the use provisions of this title for the district in which the premises are located.
"Parking lot" means a parcel of land devoted to unenclosed parking spaces.
"Parking space" means a surfaced area, enclosed or unenclosed sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
"Place" means an open unoccupied space other than a street or alley permanently reserved as the principal means of access to adjoining property.
"Story" means that portion of a building, other than a basement, 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" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more. than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.
"Street" means all property dedicated or intended for public or private street purposes or subject to public easements therefor.
"Street line" means a dividing line between a lot, tract or parcel of land and a contiguous street.
"Structural alterations" means 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 roof or in the exterior walls.
"Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts and pergolas.
"Tourist camp" or "trailer camp" or "trailer court" means an area containing one or more structures designed to be used as temporary living facilities of two or more families and intended primarily for automobile transients, or providing spaces where two or more tents or auto trailers can be parked.
"Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this title. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the building shall be used.
"Yard, front" means a yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line or another lot line and the main building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches.
"Yard, rear" means a yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both comer lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
"Yard, side" means a yard between the building and the side rear yard line. (Ord. 344 (part), 1987; prior code § 11-1-2)