§ 160.005 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACCESSORY BUILDING. A subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land.
      ACCESSORY USE. A use subordinate to the main use on a lot and used for purposes clearly incidental to those of the main use.
      ADULT FOSTER CARE. As defined by the Adult Foster Care Facility Licensing Act (Public Act 218 of 1979, as amended): a governmental or nongovernmental establishment that provides foster care to adults. Adult foster care facility includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis, but who do not require continuous nursing care.
         (a)   ADULT FOSTER CARE HOME, FAMILY. A private residence with the approved capacity to receive 6 or fewer adults to be provided with foster care for 5 or more days a week for 2 or more consecutive weeks. The licensee shall be a member of the household and an occupant of the residence.
         (b)   ADULT FOSTER CARE HOME, SMALL GROUP. An adult foster care facility with the approved capacity to receive 12 or fewer adults to be provided with foster care for 5 or more days a week for 2 or more consecutive weeks.
         (c)   ADULT FOSTER CARE HOME, LARGE GROUP. An adult foster care facility with the approved capacity to receive at least 13, but not more than 20 adults to be provided with foster care for 5 or more days a week for 2 or more consecutive weeks.
         (d)   ADULT FOSTER CARE CONGREGATE FACILITY. An adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.
      AGRICULTURAL LAND. Substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities.
      ALLEY. Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulations.
      ALTERATIONS. Any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as ALTERED or RECONSTRUCTED.
      APARTMENT. A dwelling unit in a multiple-dwelling building as defined herein:
         (a)   EFFICIENCY APARTMENT. A dwelling unit consisting of not more than 1 room in addition to kitchen and necessary sanitary facilities.
         (b)   ONE-BEDROOM UNIT. A dwelling unit consisting of not more than 2 rooms in addition to kitchen, dining and necessary sanitary facilities.
         (c)   TWO-BEDROOM UNIT. A dwelling unit consisting of not more than 3 rooms in addition to kitchen, dining and necessary sanitary facilities.
         (d)   THREE-BEDROOM UNIT. A dwelling unit consisting of not more than 4 rooms in addition to kitchen, dining and necessary sanitary facilities.
      AUTOMOBILE REPAIR STATION. A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; painting and undercoating.
      AUTOMOBILE SERVICE STATION. A place where gasoline (stored only in underground tanks) kerosene or motor oil and lubricants or grease (for the operation of motor vehicles) are retailed directly to the public on the premises, including the sale of minor accessories and services for automobiles.
      BASEMENT. The portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.
      BOARD. The Board of Zoning Appeals.
      BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This term shall include tents, awnings or vehicles situated on private property and used for purposes of a building.
      BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
      BUILDING LINE. A line formed by the face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line.
      BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.
      CHILD CARE ORGANIZATION. As defined by the Child Care Organizations Act (Public Act 116 of 1973, as amended): a governmental or nongovernmental organization having as its principal function the receiving of minor children for care, maintenance, training and supervision, notwithstanding that educational instruction may be given. CHILD CARE ORGANIZATIONS include organizations, agencies, children's camps, child care centers, day care centers, nursery schools, parent cooperative preschools, foster homes, day care group homes, or day care family homes.
         (a)   DAY CARE HOME, FAMILY. A private home in which 1 to 6 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. A FAMILY DAY-CARE HOME includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year.
         (b)   DAY CARE HOME, GROUP. A private home in which more than 6 but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. A GROUP DAYCARE HOME includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year.
         (c)   CHILD CARE CENTER. A facility, other than a private residence, receiving 1 or more preschool or school-age children for periods of less than 24 hours a day, and where parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than 2 consecutive weeks, regardless of the number of hours of care per day. May also be referred to as a day nursery, nursery school, parent cooperative preschool, play group, or drop-in center.
      CHURCH. A building, the primary use of which is assembly of persons for religious worship or services together with reasonably closely related activities or uses. Such definition may include temples, synagogues, mosques or other similar places of worship.
      CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
      COMMON ELEMENTS. The portions of the condominium other than the condominium units.
      CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 to 559.276, as amended.
      CONDOMINIUM SUBDIVISION. For the purposes of this chapter, a condominium subdivision shall be equivalent to the term SUBDIVISION as used in this Zoning Ordinance and the City Subdivision Control Ordinance. If no City Subdivision Control Ordinance is in effect, the term shall be equivalent to the term SUBDIVISION as used in the Subdivision Control Act (Public Act 288 of 1967, as amended).
      CONDOMINIUM SUBDIVISION PLAN. The site, survey, and utility plans; floor plans and sections, as appropriate (if buildings are proposed), showing the existing and proposed structures and improvements including the location thereof on the land. The condominium subdivision plan shall show the size, location, area, and vertical boundaries and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The CONDOMINIUM SUBDIVISION PLAN shall include the nature, location and approximate size of common elements.
      CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.
      CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents and in accordance with this chapter and the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276.
      CONVERTIBLE AREA. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276.
      DAY CARE HOME, FAMILY. A private home in which 1 to 6 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. A FAMILY DAY-CARE HOME includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year.
      DAY CARE HOME, GROUP. A private home in which more than 6 but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. A GROUP DAYCARE HOME includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year.
      DISTRICT. A portion of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
      DRIVE-IN RESTAURANT. A business establishment for the serving of food and/or beverages so developed that its retail or service character is substantially dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure; or to permit patron self-service and return to motor vehicle.
      DWELLING UNIT. A building, or a portion thereof, which is used exclusively as a residence and provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
      DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, consisting of 3 or more dwelling units.
      DWELLING, ONE-FAMILY. A building designed exclusively for occupancy by 1 family.
      DWELLING, TWO-FAMILY. A building consisting of two dwelling units such as duplex dwelling unit.
      ERECTED. Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for the construction. Excavation, fill, drainage, and the like, shall be considered a part of ERECTION.
      ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police callboxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
      EXCAVATION. Any breaking of ground, except common household gardening and ground care.
      EXCEPTION. A use permitted only after review of an application by the Board of Appeals or Planning Commission other than the Administrative Official (Building Inspector), the review being necessary because the provisions of this chapter covering condition, precedent or subsequent, are not precise enough to all applications without interpretation, and the review is required by this chapter.
      EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276.
      FAMILY. One or 2 persons or parents, with their direct lineal descendants or adopted children or foster children (and including the domestic employees thereof) together with not more than 2 persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of 2 or less persons living in the housekeeping unit shall be considered a separate family for the purpose of this chapter.
      FLOOR AREA. For the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The FLOOR AREA measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
      FLOOR AREA, USABLE. (For the purposes of computing parking) is that area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients or customers. The floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities shall be excluded from the computation of FLOOR AREA, USABLE. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls. For the purposes of computing parking for those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise, and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces.
      GENERAL COMMON ELEMENTS. The common elements other than the limited common elements.
      GRADE. A ground elevation established for the purpose of regulating the number of stories and the height of the building. The BUILDING GRADE shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
      HOME OCCUPATION. An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
      IMPROVEMENTS. Those features and actions associated with a project that are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety, and welfare of the residents of the City of Marine City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not include the entire project that is the subject of zoning approval.
      INTENSITY OF DEVELOPMENT. The height, bulk, area, density, setback, use, and other similar characteristics of development.
      JUNKYARDS. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNKYARD includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings.
      KENNEL. Any lot or premises on which 4 or more dogs and/or cats, 4 months old or older, are kept either temporarily or permanently for purposes of boarding, breeding, buying, selling, letting for hire, or training for a fee.
      LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
      LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
      LOT. A parcel of land occupied, or intended to be occupied, by a main building, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this chapter. A LOT may or may not be specifically designated as such on public records.
      LOT AREA. The total horizontal area within the lot lines of a lot.
      LOT, CORNER. A lot where the interior angle of 2 adjacent sides at the intersection of 2 streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the 2 points where the lot lines meet the curve or the straight street line extended form an interior angle of less than 135 degrees.
      LOT COVERAGE. That part or percent of the lot occupied by buildings, including accessory buildings.
      LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
      LOT, DOUBLE FRONTAGE. Any interior lot having frontages on 2 more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
      LOT, INTERIOR. Any lot other than a corner lot.
      LOT LINES. The lines bounding a lot as defined herein:
         (a)   FRONT LOT LINE. In the case of an interior lot, the lot line separating said lot from the street. In the case of a corner lot, or double frontage lot, is that line separating the lot from that street which is designated as the front street in the plat and the request for a building permit.
         (b)   REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear; the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long lying farthest from the front lot line and wholly within the lot.
         (c)   SIDE LOT LINE. Any lot lines other than the front lot lines or rear lot lines. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
      LOT OF RECORD. A parcel of land, the dimensions of which are shown on a recorded plat on file with the County Register of Deeds, at the time of adoption of this chapter, or in common use by Municipal or County Officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
      LOT WIDTH. The straight line distance between the side lot lines measured at the 2 points where the minimum building line, or setback, intersects the side lot lines.
      MAIN BUILDING. A building in which is conducted the principal use of the lot upon which it is situated.
      MAIN USE. The principal use to which the premises are devoted and the principal purpose for which the premises exists.
      MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume trafficway for both the immediate city area and the region beyond, and may be designated as a major throughfare, parkway, freeway, expressway or equivalent term to identify those streets comprising the basic structure of the street plan. Any street with right-of-way width, existing or proposed, of 120 feet or greater shall be considered a MAJOR THROUGHFARE.
      MARGINAL ACCESS STREET. A service street or roadway parallel to a major thoroughfare or arterial street and which provides access to abutting properties and protection from through traffic.
      MASTER DEED. The condominium document recording the condominium project as approved by the city, to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan.
      MASTER PLAN. The comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. The plan or part thereof may or may not be adopted by the Planning Commission and/or City Commission.
      MEZZANINE. An intermediate or fractional story between the floor and ceiling of a main story occupying not more than 1/3 of the floor area of the main story.
      MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom, and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.
      NONCONFORMING BUILDING. A building or portion thereof, existing at the effective date of this chapter, or amendments thereto, and that does not conform to the provisions of this chapter relative to height, bulk, area or yards for the district in which it is located.
      NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
      NURSERY, PLANT MATERIAL. A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of NURSERY within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
      OFF-STREET PARKING LOT. A facility other than for single family dwellings providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than 3 vehicles.
      ON-SITE USE WIND ENERGY SYSTEM. A wind energy system that is intended to primarily serve the needs of the on-site consumer.
      OPEN FRONT STORE. A business establishment other than a restaurant, bank, automobile service or repair stations, so developed that service to the patron may be extended beyond the walls of the building, not requiring the patron to enter the building.
      PARKING SPACE. An area of definite length and width, the area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
      PLANNING COMMISSION. The Planning Commission of the City of Marine City.
      PUBLIC UTILITY. Any person, firm, corporation, municipal department, board or Commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity; sewage disposal, communication, telegraph, transportation or water.
      SETBACK. The distance required to obtain the front, side or rear yard open space provisions of this chapter.
      SIGN. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as are used to show an individual firm, profession or business, and are visible to the general public.
         (a)   ACCESSORY SIGN. A sign which is accessory to the principal use of the premises.
         (b)   NON-ACCESSORY SIGN. A sign which is not accessory to the principal use of the premises.
         (c)   GROUND SIGN. A freestanding sign supported by 1 or more uprights, braces or pylons located in or upon the ground or to something requiring location on the ground including “billboards” or “poster panels” so called.
         (d)   PROJECTING SIGN. A sign which is affixed to any building or part thereof, or structure, which extends beyond the building wall or parts thereof, or structures, by more than 12 inches. A PROJECTING SIGN shall not include a ground sign as herein defined.
         (e)   RESIDENTIAL ENTRANCEWAY SIGN. A permanent structure, including but not limited to walls, columns and gates, marking entrances to single family subdivisions or multiple housing projects and identifying the subdivision or project by name, symbol or otherwise.
         (f)   ROOF SIGN. A sign which is erected, constructed or maintained upon, and projects above or beyond the roof or parapet.
         (g)   WALL SIGN. A sign attached to or placed flat against the exterior wall or surface of any building, no portion of which projects more than 12 inches from the wall, but which may or may not project above the roof or parapet.
      SITE CONDOMINIUM. A subdivision of land created and recorded pursuant to the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276 (Public Act 59 of 1978, as amended), and the provisions of this chapter, containing 2 or more units of land designed and intended for separate ownership and use, and which may or may not contain general and limited common elements. Except as otherwise specifically provided, a condominium unit is not a “lot” or “parcel” as those terms are used in this chapter.
      SITE PLAN. Includes the documents and drawings required by this chapter to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.
      STABLE, PRIVATE. A stable for the keeping of horses for the noncommercial use of the residents of the principal use and shall not include the keeping of horses for others, or for commercial boarding.
      STABLE, PUBLIC. A stable other than a private stable.
      STATE LICENSED RESIDENTIAL FACILITY. A structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979 or the Child Care Organizations Act, Public Act 116 of 1973, and provides residential services for 6 or fewer individuals under 24-hour supervision or care.
      STORY. That part of a building, except a mezzanine as defined herein, included between the surface of 1 floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A STORY thus defined shall not be counted as a story when more than 50%, by cubic content, is below the height level of the adjoining ground.
      STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which, at a height of 4 feet above the floor does not exceed 2/3 of the floor area in the story directly below, and the height above at least 200 square feet of floor space is 7 feet 6 inches.
      STREET. A public thoroughfare, other than an alley, which affords the principal means of access to abutting property. Access to property by means of private drive, private roadways or other vehicular access ways (such as private drives in multiple-family developments) and where maintenance is provided by other than the public-at-large shall not be considered as streets under this definition. Except that, in the case of a “site condominium,” as defined and as regulated by this chapter, the principal means of access to abutting “units of ownership” shall be considered a street, provided it is constructed and maintained to meet the same standard for public streets within the city, as established by the city. The streets within a “site condominium” may be dedicated to the public or owned and maintained by the association of co-owners.
      STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
      TEMPORARY USE OR BUILDING. A use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.
      TRAILER COACH. Any vehicle designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for 1 or more persons.
      TRAILER COURT. Any plot of ground upon which 2 or more trailer coaches, occupied for dwelling or sleeping purposes are located.
      USE. The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
      UTILITY GRID WIND ENERGY SYSTEM. A wind energy system that is designed and built to provide electricity to the electric utility grid.
      VARIANCE.
         (a)   A modification of the literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
         (b)   The crucial points of VARIANCE are:
            1.   Undue hardship;
            2.   Unique circumstances; and
            3.   Applying to property.
         (c)   A VARIANCE is not justified unless all 3 elements are present in the case.
      VETERINARY CLINIC. A place where animals or pets are given medical or surgical treatment with use as a kennel limited to short-time boarding which is incidental to the medical use.
      WIND ENERGY SYSTEM. A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect the wind energy system to the grid.
      YARD. The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter and as defined herein:
         (a)   FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
         (b)   REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
         (c)   SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
   (B)   Wherever the term DURABLE DUSTLESS shall be used herein, it shall mean a paved hard surface with proper drainage.
(Prior Code, App., § 201) (Ord. passed 9-19-1974; Am. Ord. 89-4, passed 5-4-1989; Am. Ord. 97-2, passed 6-5-1997; Am. Ord. 08-01, passed 5-15-2008; Am. Ord. 13-06, passed 8-1-2013; Am. Ord. 2019-002, passed 2-21-2019)