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For the purposes of this title, certain terms are defined as set forth in this section. All words in the present tense include the future tense; the plural includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory.
ACCESSORY BUILDING: A building which is subordinate to and incidental to the principal building on the same lot, but does not include any building containing a "dwelling unit" as defined in this section.
ACCESSORY USE: A use incidental and subordinate to the principal use of the premises.
AGRICULTURE: Tilling of soil, horticulture, raising crops, raising livestock, dairying, including all uses customarily accessory and incidental thereto; but excluding slaughterhouses and commercial feedlots.
AIRPORT: Any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care or treatment of cats, dogs or other animals.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen and sanitary facilities permanently installed.
AUTOMOBILE SALES LOT: Premises on which new or used passenger automobiles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade.
AUTOMOBILE SERVICE STATION: Premises used primarily for the retail sale and delivery to the vehicle of motor vehicle fuel and of lubricating oils, tires and incidental vehicular accessories, and providing vehicular lubrication and related services, including minor vehicle repairs.
AUTOMOBILE WRECKING YARD: Any use of premises, excluding fully enclosed buildings, on which two (2) or more vehicles not in operating condition are standing more than thirty (30) days, or on which used motor vehicles, or parts thereof, are dismantled or stored.
BLOCK: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right of way, waterway or other similar barrier, whichever is lesser.
BOARDING HOUSE: A building, other than a hotel or restaurant, where meals are provided for compensation to three (3) or more persons, but not more than twelve (12) persons who are not members of the householder's family.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, which is designed or intended for the shelter, enclosure, or protection of persons, animals, chattels or property of any kind.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING, GOVERNMENT: Any building owned or used by the federal, state, county or city government, or any political subdivision, agency or instrumentality thereof.
BUILDING, NONCONFORMING: A building, structure, or portion thereof which does not conform to the regulations of this title applicable to the zone or district in which such building is situated, but which existed prior to the effective date hereof.
BUSINESS OR COMMERCE: The purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises, or the maintenance and use of offices for professions and trades rendering services.
CITY: The city of Melba.
CITY CLERK-TREASURER: The city clerk-treasurer of Melba.
COMMISSION: The planning and zoning commission of the city 1 .
COMPREHENSIVE GENERAL PLAN: The comprehensive general plan for the city officially adopted by the council as such.
CONDITIONAL USE: A use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.
COUNCIL: The city council of the city.
DRIVE-IN ESTABLISHMENT: An establishment, other than an automobile service station, which is designed to accommodate the motor vehicles of patrons in such a manner as to permit the occupants of such vehicles, while remaining therein, to make purchases or receive services.
DWELLING: A building, or portion thereof, containing one or more dwelling units. The term "dwelling" does not include any trailer, motel, hotel, guesthouse or boarding house as defined herein.
DWELLING, MULTIPLE-FAMILY: A multiple-family building, or portion thereof, containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building designed for use and occupancy by no more than one family.
DWELLING, TWO-FAMILY: A detached building designed for and occupied exclusively by two (2) families living independently of each other.
DWELLING UNIT: One or more rooms designed for or used as a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such types of occupancy as a lodging or boarding house, club, sorority, fraternity, or hotel.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors including the exterior walls of a building or portion thereof.
FLOOR AREA, NET: That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms and laboratory or work rooms; provided, however, that floor space within the building reserved for parking or loading of vehicles, and basement space used only for building maintenance and utilities shall be excluded.
HEIGHT, BUILDING: 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 the average height of the gable of a pitch or hip roof.
HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dressmaking, millinery, laundering, preserving, office of a clergyman, teaching of music, dancing and other occupancies which meet all of the following conditions:
A. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
B. The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof.
C. No article shall be sold or offered for sale on the premises, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domestic use.
D. The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district.
E. The use creates no additional traffic and requires no additional parking space.
F. No persons are employed other than those necessary for domestic purposes.
G. Not more than one-fourth (1/4) of the gross area of one floor of said dwelling is used for such use.
H. The entrance to the space devoted to such use is from within the building, and no internal or external alterations or construction features not customary in dwellings are involved.
JUNKYARD: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials, and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof, on which three (3) or more dogs, cats and other household domestic animals of at least three (3) months of age are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.
LOADING AND UNLOADING SPACES, OFF STREET: An open off street area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys.
LOT: A unit of land described by metes and bounds or a part of a recorded subdivision so recorded for transfer of ownership.
LOT, CORNER: A lot which is bounded on two (2) or more sides by street lines; where the angle of intersection does not exceed one hundred thirty five degrees (135°).
LOT COVERAGE: The area of a lot occupied by the principal building or buildings and accessory buildings.
LOT LINE: The boundary property line encompassing a lot. The front lot line is the boundary line which abuts a public street. For a corner lot, the owner may select either street line as the front lot line. The rear lot line is the lot line most nearly parallel to and most remote from the front property line. All other lot lines are side lot lines. An interior lot line is a side line in common with another lot.
LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines.
MAINTENANCE: The upkeep of property or machinery.
MOBILE HOME: A detached single-family dwelling unit with all the following characteristics:
A. Designed for a long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections for attachments to outside systems.
B. Designed to be transported after fabrication on its own wheels, or on flatbed or other trailer, or detachable wheels.
C. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connection to facilities and the like.
MOBILE HOME PARK: Any area, tract, plot, or site of land whereupon two (2) or more mobile homes are placed, located and maintained for dwelling purposes on a permanent or semipermanent basis and for which a fee, rental or contract for payment for such use is collected by or collectable to the person holding the land.
MOTEL: A building or group of buildings on the same premises, whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for or occupied by travelers. The term includes, but is not limited to, any buildings, or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists.
NONCONFORMING USE: Any use lawfully occupying a building, structure or land at the effective date hereof, or of subsequent amendments hereto, which does not conform to the regulations for the district in which it is located.
NURSERY SCHOOL: An institution providing care, with or without instruction, for more than five (5) children of preschool age.
NURSING HOME, CONVALESCENT HOME: A building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, disease, injury, deformity or requiring care because of old age.
PARKING LOT: An open, graded and surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE: Usable space within a public or private parking area or building, not less than one hundred eighty (180) square feet (9 feet by 20 feet), exclusive of access drives, aisles or ramps for the storage of one passenger automobile or commercial vehicle.
REST HOME, ELDERLY HOUSING: The same as a nursing home; except, that medical care is not administered therein.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom and dining room.
SETBACK AREA: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this title, or by delineation on a recorded subdivision map.
SIGN: Any structure or natural object, such as a tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag of any political unit, or any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.
STREET: A public right of way which provides vehicular and pedestrian access to adjacent properties, acceptance or grant of which has been officially approved by the council. The term "street" includes also the terms "highway", "thoroughfare", "parkway", "throughway", "road", "avenue", "boulevard", "lane", "place" and other such terms.
STRUCTURE: Anything constructed or erected, except fences not exceeding three feet (3') in height, which requires permanent location on the ground or is attached to something having location on the ground.
TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.
TRAVEL TRAILER: A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses, which:
A. Is not more than eight feet (8') in body width; and
B. Is of any weight, provided its body length does not exceed twenty nine feet (29'); or
C. Is of any length, provided its gross weight, factory equipped for the road, does not exceed forty five thousand (45,000) pounds.
TRAVEL TRAILER PARK: Any area, tract, plot, or site of land, whereupon two (2) or more travel trailers are placed, located and maintained for dwelling purposes on a semipermanent basis and for which a fee or rental for such use is collected by or collectible to the person holding the land.
YARD: An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.
YARD, FRONT: The yard extending across the full width of the lot adjacent to the front street line.
YARD, REAR: The yard extending across the full width of the lot and lying between the rear line of the lot and the rear line of the building and extending for the full width of the lot.
YARD, SIDE: The yard lying between the nearest wall of the principal building, accessory building and side lot line, and extending from the front yard or the front lot line to the rear yard.
ZONING MAP: The map incorporated into this title designating the use district zones. (Ord. 86, 8-19-1980; amd. 2008 Code)
1. See title 2, chapter 1 of this code.