For the purpose of this title, certain words, terms and phrases are defined to have the same meaning as set forth in this chapter:
ACCESSORY USE OR BUILDING: A use or building customarily incidental to, and located on the same lot occupied by, the main use or building. "Accessory building" may include a private garage, garden shed or barn, a private playhouse, private greenhouse, and a swimming pool in accordance with the provisions of this title.
APARTMENT: A room or suite of two (2) or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence of one family. Kitchens and baths shall not be considered rooms for the purpose of this definition.
APARTMENT HOUSE: A building or portion thereof designed or used for three (3) or more dwelling units and six (6) or more guestrooms or suites of rooms.
BASEMENT: A space wholly or partly underground and having more than one-half (1/2) of its height, measuring from its floor to its ceiling, below the average adjoining grade; if the finished floor level directly above a basement is more than six feet (6') above grade at any point, such basement shall be considered a story.
BUILDING: A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, mobile homes, and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. For the purposes of this definition, "roof" includes an awning or other similar covering, whether or not permanent in nature.
BUILDING HEIGHT: The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the building.
BUILDING PERMIT: A written warrant or license granting a landowner approval, for proposed construction, reconstruction or alteration of buildings or structures.
CAMPER UNITS: All dependent or independent recreational trailers not otherwise defined as a "mobile home" in this title, and truck campers, tent trailers, tents, etc.
CAMPGROUND: An area of land used to temporarily accommodate two (2) or more camping parties or camping units.
CHURCH: A permanently located building commonly used for religious worship fully enclosed with walls (including windows and doors) and having a roof (canvas and fabric excluded) and conforming to applicable legal requirements affecting design and construction.
CONDITIONAL USE PERMIT: A permit which may permit those uses as described in this title under special conditions granted after review by the planning and zoning commission. Those conditions attached to the use must have a reasonable and valid relationship to the use and compatibility of surrounding property.
CORNER LOT: A lot located at the junction of two (2) intersecting streets. Frontage and side setbacks of primary and accessory buildings closest to the street are to be uniform for both frontage streets.
CROP AND GARDEN USES: Land which shall be used for agriculture, horticulture, grazing or cropland within the town limits.
DAYCARE CENTER: A facility established to provide care for children from families during normal working hours of the day to enable the parent or parents to pursue employment.
DEPENDENT TRAVEL TRAILER OR TRUCK CAMPER: A travel trailer, converted bus, or truck camper which does not have a flush toilet, bath or shower.
DRIVEWAY: An accessory to a required off street parking facility, which shall be open and unencumbered to a height of not less than eight feet (8'). It shall be safe and usable.
DUPLEX: A building designed to contain two (2) separate residences without common areas with separate and individual entrances and exits.
EDUCATIONAL INSTITUTIONS:
A. Includes: Public, parochial and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary and collegiate levels and including graduate schools, universities and nonprofit research institutions. Such institutions must either:
1. Offer general academic instruction equivalent to the standards prescribed by the state board of education; or
2. Confer degrees such as college or university graduate or undergraduate standing; or
3. Conduct research.
B. Does not include: Schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.
FENCE: Any device forming a physical barrier between two (2) areas. This includes wire mesh, steel mesh, chainlink, louver, stake, masonry, and lumber and other similar materials. A fence is considered a structure.
FLOOR AREA: The total horizontal living area of a building, measured on the outside walls of each story.
FRONT YARD: An open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.
FRONT YARD SETBACK LINE: The line which defines the depth of the required front yard. The setback line is parallel with the sidewalk line which is the furthest distance from the street or, when established by the master plan of streets and highways, with the highway right of way line, or by the provisions of this title, removed therefrom by the perpendicular distance prescribed for the front yard in the zone.
FRONTAGE: The narrowest dimension of the lot which abuts on a dedicated street or highway right of way line. Frontage is expressed in linear feet and is measured along the right of way line. Where a future street or highway right of way line has been established on the general or master plan or other official plan, frontage shall be measured along that line.
GAMING: Risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gaming device, or the happening or outcome of an event, including a sporting event, over which the person taking the risk has no control.
GAMING DEVICE: Any device, machine, paraphernalia or equipment used in the act of gaming.
GAMING ESTABLISHMENT: Any building, room, enclosure, vehicle, vessel or other place, whether open or enclosed, used or intended to be used for gambling having one or more gaming devices.
HEIGHT OF A STRUCTURE: The vertical distance derived from the average finished grade at the foundation corners of the building or structure, to the highest point of the building or structure, excluding a chimney or other similar structures.
HOME OCCUPATION OR SMALL HOME BUSINESS: Limited industry, light manufacturing, or selling of goods or services which may be conducted from a family residence or out of buildings occupying the same general area or premises as a family residence.
HOME PROFESSIONAL OFFICE: Any business or home occupation in which not more than two (2) persons are employed who are not members of the family, and in which the office shall be in the main building and shall not occupy more than the equivalent of one-half (1/2) of the floor area of the building. The home professional office of a physician shall not include a biological or other medical testing laboratory. The home in which such home professional office is located shall maintain a residential character and quality.
HOSPITAL: A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified. "Hospital" includes a sanitarium, sanatorium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation. A hospital shall not include care and treatment of mental patients, liquor or drug addicts, except incidentally.
IMPROVED LOT: A lot that is connected to a public water system, sewer system or, in the absence of such a system, other sanitary methods which meet with the approval of the planning and zoning commission.
INDUSTRIAL PARK: A group of nonnuisance industrial plants on a single parcel of land, or on separate parcels contiguously arranged so as to form a planned development of industrial sites, building or buildings.
INDUSTRY: The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
LOT AREA: The total horizontal area included within lot lines.
LOT WIDTH: The mean dimension measured at substantially right angles to the depth of the lot.
MAIN BUILDING: A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. Where a permissible use involves more than one building designed or used for a primary purpose, each such building on the building site shall be defined as a main building.
MANUFACTURED HOME: See definition of Mobile Home.
MINERAL EXPLORATION: The search for coal, minerals or ore by:
A. Geological surveys;
B. Geophysical prospecting;
C. Bore holes and trial pits; and
D. Surface or underground headings, drifts or tunnels.
MINING: The process of obtaining useful minerals from the earth's crust, including both underground excavations and surface workings.
MOBILE HOME: A transportable structure built on a chassis and designed to be used with or without a permanent foundation as a dwelling unit when connected to public utility facilities and which is built in a factory in accordance with specifications set forth by the U.S. department of housing and urban development. Motorized homes, trailers or other camping or recreational vehicles are not considered mobile homes.
MOBILE HOME PARK: An area specifically designed for and occupied by six (6) or more mobile homes. A development consisting of individual ownership of individual lots is not considered to be a mobile home park. Land that has a mobile home situated upon it and that is owned by the resident of that mobile home is not considered to be a mobile home park.
MODULAR HOME: A transportable structure designed to be used with a permanent foundation to be used for residential, commercial, educational or industrial purposes when connected to public utility facilities and which is built in a factory in accordance with all requirements of the uniform building code.
MOTEL: A building containing more than seventy five percent (75%) of the lodging rooms are for rent to transient persons for a continuous period of less than thirty (30) days.
MULTIPLE DWELLING: A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other as separate housekeeping units.
NATIONAL BUILDING CODE: A national code prescribing regulations governing the construction, alteration and demolition of buildings and structures (uniform building code).
NONCONFORMING STRUCTURE: A structure lawfully existing as of the effective date hereof or any amendment hereto affecting such structure, which does not conform to the building regulations of this title for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USE: Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date hereof or any amendment hereto affecting such use, which does not conform to the use regulations of this title for the district in which it is situated.
OPEN SPACE: Unoccupied space within the incorporated limits set aside for recreational use.
PARKING SPACE: One off street space available for parking of one motor vehicle and having an area of not less than two hundred (200) square feet, exclusive of passageways and driveways, giving access thereto and having direct access to a street or alley.
PLANNED UNIT DEVELOPMENT: A land area which:
A. Consists of two (2) or more principal structures or uses on a single parcel of land; and
B. Is designed and organized to be capable of satisfactory use and operation as a separate neighborhood or community unit without necessarily having the participation of other building sites or other common property; the ownership of the common property may be either public or private.
PLANNING AND ZONING COMMISSION: The planning commission and/or planning and zoning commission as appointed by the governing body or the town council.
PRIVATE GARAGE: A detached accessory building or portion of a main building on the same lot as a dwelling, used for housing vehicles of the occupants of the dwelling, having a roof and enclosed on not less than four (4) sides. Any such structure enclosed on three (3) sides or less shall be considered a carport.
PUBLIC FACILITIES AND UTILITIES: Those facilities and utilities necessary to serve the people with electricity, water, sewage treatment, and other necessary facilities for which a franchise is granted by the town.
PUBLIC GARAGE: Any premises used exclusively for the storage of vehicles.
PUBLIC NOTICE: Notice of the time and place of a hearing, meeting or proceeding printed in the official newspaper of the town as required by law.
PUBLIC PARKING AREA: An open area, other than a street, used for parking or automotive vehicles which is open to the public at large.
REAR YARD: A space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.
RESIDENCE: A building used, designed or intended to be used as a home or dwelling.
RESTAURANT: A place which is used for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of food which may be required for ordinary meals. "Meals" means the usual assortment of foods commonly ordered at various times of the day. The service of such foods and victuals only as sandwiches or salads does not constitute a "restaurant".
ROOM: An unsubdivided portion of the interior of a building, excluding bathrooms, closets, hallways, kitchens and service porches.
SANITARY LANDFILL: Land specified by the town council for disposal of garbage, trash, refuse or waste material of any kind.
SERVICE STATION: A business which services motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing (not including mechanical car wash), grease racks, and automobile repairs.
SIDE YARD: An open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot.
SINGLE-FAMILY DWELLING: An individual home designed and used exclusively for residential occupancy by one family on a lot.
SINGLEWIDE MOBILE HOME: A mobile home that comes as a single section or is less than twenty feet (20') wide.
SPECIAL USE PERMIT: A use specified in one or more districts, for which the planning and zoning commission may grant a permit, pursuant to the provisions of this title (see definition of Conditional Use Permit).
STREET: Any road, highway, avenue, street, parkway, lane or other way, public or private, set aside and commonly used by the public for street purposes, and shown upon the town map or upon a filed plat.
STRUCTURE 1 : Anything constructed or built over the height of three feet (3'), any edifice, building or fence of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, excepting outdoor areas such as uncovered patios, paved areas, walks, tennis courts, and similar recreation areas.
TWO-FAMILY DWELLING: A building designed and used exclusively for residential occupancy by two (2) families, including, but not limited to, duplexes.
VARIANCE: A modification of the regulations of this title granted on grounds of impractical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of this title and the laws of the state.
WALL: Any structure or device forming a physical barrier which is so constructed that fifty percent (50%) or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This includes concrete, concrete block, wood or other materials that are solids and are so assembled as to form a solid barrier.
YARD: Any open space, other than a court, on the same lot with a building or dwelling group, which space is generally open from the ground to the sky. (1987 Code §§ 17.08.010 - 17.08.670; amd. Ord. 6-94, 10-20-1994; Ord. 7-95, 7-20-1995; Ord. 8-98, 8-20-1998; Ord. 04-00, 4-20-2000; Ord. 16-00, 12-21-2000, eff. 1-1-2001; 2004 Code; Ord. 2006-01, 3-2-2006; Ord. 2007-7, 4-5-2007; Ord. 2008-8, 4-3-2008; Ord. 2015-06, 12-3-2015)
Notes
| 1 | 1. See section 9-1-1 of this code for building permit requirements for all structures. |