For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word shall is mandatory, the word may is permissive. The words “used or occupied” include the words “intended, designed or arranged to be used or occupied”. The word “lot” includes the words “plot or parcel”.
ACCESSORY BUILDING.
(1) In a residential district, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes, and not rented, and containing servants quarters, a washroom, a storage room for domestic storage only and space for one or more automobiles.
(2) In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
ACCESSORY USE. A use subordinate to the principle use of a building or lot and serving a purpose customarily incidental to the principle use.
AGENT OF OWNER. Any person who can show certified written proof that he or she is acting for the property owner.
ALLEY. A public or private way not more than 30 feet wide affording only secondary means of access to abutting property.
APARTMENT. A room or suite of rooms in an apartment house arranged, designed or occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.
BASEMENT. A story whose floor is more than 12 inches, but no more than half of its story height below the average level of the adjoining around (as distinguished from a “cellar” which is a story more than one-half below such level). A BASEMENT or cellar, when used as a dwelling, shall be counted as a story for purposes of height measurement.
BEGINNING OF CONSTRUCTION. The incorporation of labor and material within the foundation of the building or buildings.
BOARDING HOUSE. A building other than a hotel, where lodging and meals for five or more persons are served for compensation.
BUILDING. Any structure having a roof supported by columns of walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate BUILDING.
BUILDING OFFICIAL. The Building Inspector of the city, or other official appointed by the city to enforce this chapter.
BUILDING LINE. A line parallel or approximately parallel to a lot line or street line and beyond which buildings may not be erected.
BUILDING, MAIN. A building in which is conducted the principle use of the site on which it is located. In any residential district, any and all dwellings shall be deemed to be MAIN BUILDINGS on the site on which they are located.
CLINIC, MEDICAL. An institution or station for the examination and treatment of ill and afflicted out-patients.
CONVALESCENCE HOME. Any structure used or occupied by persons recovering from illness or suffering from the infirmities of old age.
COURT. An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
COVERAGE OF A LOT, MAXIMUM ALLOWABLE BUILDING AREA. The ratio of gross floor area of the first floor of a building or a group of buildings on the same lot to the area of the lot, expressed as a percentage.
DAY NURSERY. A place where children are left for care between the hours of 7:00 a.m. and 12:00 p.m.
DENSITY. The maximum number of family units permitted on a lot.
DETACHED STRUCTURE. Any building, accessory building or structure that is not physically attached to any other building or structure by any means.
DISTRICT or ZONING DISTRICT. A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DWELLING. Any building or portion thereof designed or used exclusively for residence or sleeping place of one or more persons, but not including a tent trailer or mobile home.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, DUPLEX OR TWO-FAMILY. A building designed for or used exclusively for residence purposes by two families two housekeeping units.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.
DWELLING UNIT or UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, and in which not more than four individuals are unrelated by blood.
FLOOR AREA OF BUILDING. The sum of the gross horizontal; areas of several floors of a building or buildings, measured from the centerlines of exterior walls or from the centerline of walls separating two buildings in square feet.
GRADE, EXISTING. The average level of the original surface of the ground adjacent to the exterior walls of the building.
HOTEL. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied for hire, and in which there are more than 12 sleeping rooms, a public room for the accommodation of more than 12 guests and a general kitchen.
LOT. One piece, parcel or tract of land which collectively meets all of the following requirements at the time of filing for a zoning permit:
(1) Is located within a single block;
(2) Has frontage on an accepted and improved public street;
(3) Is occupied or utilized or designated by its owner, owners or developer to be occupied, developed or utilized as a unit for a principal use and uses accessory thereto, together with such open spaces as are required by this chapter; and
(4) Of which a plat has been recorded in the office of the County Clerk.
LOT , AREA OF. The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.
LOT DEPTH. The mean horizontal distance between the front lot line and rear lot line of a zoning lot.
LOT LINE. A boundary of a lot.
LOT LINE, FRONT. The street right-of-way line at the front of a lot.
LOT LINE, REAR. The lot line opposite and most distant from the front.
LOT LINE, SIDE. A lot line which is not a front lot line or rear lot line. A SIDE LOT LINE separating a lot from a thoroughfare other than an alley is an exterior side lot line as opposed to an interior side lot line.
LOT WIDTH. The mean horizontal distance between the side lot lines of a lot.
MOTEL. A building or group of buildings, including either separate units or a row or rows of units which: contain living or sleeping accommodations primarily transient occupancy; and have individual entrances.
NURSING HOME. Any premises where more than three persons are lodged and furnished with meals and nursing care.
OPEN SPACE. Area included in any side, rear or front yard or any other unoccupied space on a lot that is open and unobstructed to the sky.
SERVANTS QUARTERS, BONA FIDE. Living quarters located on the same lot as the main building for the family of a servant employed on the premises who receives at least 50% of his or her total income from the occupant of the main building.
SETBACK LINE. The line which is parallel to and the minimum allowable horizontal distances from a given point or line of reference, such as a lot line, to the minimum required building line.
SIGN. Any structure or part thereof, or any device attached to, painted on or represented on a building or other structure, upon which is displayed or concluded any letter, work, model, banner, decoration, device or representation used as, or which is in the nature of, an announcement, direction, advertisement or other attention-directing device.
SIGN, AREA OF. The total exterior surface computed in square feet of a sign having but one exposed exterior surface computed in square feet of a sign having more than one such surface.
STORY. The portion of a building included between the surface of any floor and the ceiling next above it.
STREET. Any thoroughfare other than an alley.
STREET LINE. A dividing line between a street right-of-way and an abutting lot, tract or parcel of land.
STRUCTURE. Anything constructed, the use of which required permanent location on the ground or attachment to something having a permanent location on the ground.
STRUCTURAL ALTERATIONS. Any change in the structural members of a building, such as walls, columns, beams or girders.
YARD. An open, unoccupied space other than a court, on the lot in which a building is situated and which is unobstructed from the ground to the sky.
YARD FRONT. An open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building.
YARD, REQUIRED FRONT. An open space extending the full width of a lot between the front lot line and the front setback line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD REAR. An open space unoccupied and unobstructed extending across the rear lot line from one side lot line to the other side lot line and being the minimum horizontal distance between the rear lot line and the main building.
YARD, REQUIRED REAR. An open space extending the full width of the lot between the rear lot line and the rear setback line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD SIDE. An open, unoccupied space on the same lot with a building, situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line.
YARD, REQUIRED SIDE. An open space extending from the minimum front yard setback line to the minimum rear yard setback line between the side yard setback line and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
ZONING MAP, OFFICIAL. The zoning map or maps of the city attested together with all amendments subsequently adopted.
ZONING PERMIT. A document issued by the City Secretary authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions. Where a building permit has been issued by the City Secretary in accordance with § 155.12(B)(1), the zoning permit shall be constructed to have been issued.
(Ord. passed 9-5-1994)