As used in this Zoning Code:
(a) Alley. “Alley” means a passage or way open to public travel, affording access to abutting lots and not intended for general traffic circulation.
(b) Building or Structure.
(1) “Building” means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, and includes tents, converted cars, trailers and other roofed structures on wheels or other supports. The term “building” shall be construed in this Zoning Code as if followed by the words “or parts thereof,” and shall include the term “structure” unless noted otherwise.
(2) “Structure” means anything built or erected, including such things as outdoor seating facilities, outdoor theaters, swimming pools, platforms, towers, bridges, fences, barriers, poles, roadside stands, signs, tanks above and below ground, and also means the supporting framework of a building. The term “structure” shall be construed as if followed by the words “or parts thereof.”
(3) “Main building” means the building or space occupied by the chief use or activity on the premises.
(4) “Accessory building” means a building located on the same lot with, and customarily incident to, the main building.
(c) Building Line. "Building line" means a line established by this Zoning Code and such that no building above grade may be erected between it and the street line or lot line. If the street or lot line is not established, the specified setback distance shall be increased by thirty feet and measured from the centerline of the road.
(d) Dwelling.
(1) "Dwelling unit" means one or more rooms intended to be occupied by and providing complete living facilities for one family, including rooms and equipment for cooking and bathing, and rooms for living, sleeping and eating.
(2) "Dwelling" means a building designed for and occupied exclusively for residential use, including one-family, two-family and multifamily dwellings, but not including hotels, boarding houses, tourist homes, tents or trailers.
(3) "One-family dwelling" means a detached building consisting of one dwelling unit.
(4) "Two-family dwelling" means a building consisting of two dwelling units.
(5) "Multifamily dwelling" means a building or portion thereof consisting of three or more dwelling units, including apartment houses, apartment hotels, flats, group or row houses, and rooming houses.
(6) "Apartment" means a multifamily building containing three or more dwelling units having a common entrance.
(7) "Grouphouse" means a multifamily building consisting of three or more dwelling units attached in a group or row, separated by party walls, and each unit having a separate entrance.
(8) "Accessory living quarters" mean space within a dwelling used solely by personal guests of the occupant, persons employed on the premises, or other nonpaying transients, and in which no equipment for cooking or similar housekeeping is provided.
(9) "Rooming house" means a dwelling or parts thereof, not a hotel or inn, in which sleeping rooms are available for hire as lodging, with or without meals.
(10) "Tourist house" means a rooming house in which tourists are lodged for hire. (Ord. 79-0-14, Passed 7-24-79.)
(d)(1) Elderly. "Elderly" means either a person who is sixty-two years of age or older or a person who is physically disabled. For the purpose of this Zoning Code, a person shall be considered to be physically disabled if the person has a physical impairment which:
(1) Is expected to be of long and indefinite duration; and
(2) Substantially interferes with the person's ability to live independently.
For purposes of this Zoning Code, occupancy in the Elderly Apartment District is conditioned on at least one of the occupants being either sixty-two years of age or older or having a physical disability as defined above.
(Ord. 93-0-03. Passed 4-13-93.)
(e) Family. "Family" means either a single individual living upon the premises as a separate housekeeping unit, or a collective body of persons living together upon the premises as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond, provided that _the number of persons who are not related by blood, adoption or marriage shall not exceed the number of bedrooms in the premises. For purposes of this section, "bedroom" means a room which contains a bed and which room is designed primarily to be slept in.
(Ord. 89-0-12. Passed 9-12-89.)
(f) Garage, Parking Lot and Service Station.
(1) "Private garage" means a building or part thereof accessory to a main building, providing for the storage of passenger automobiles, and in which no occupation, business or service for profit is carried on.
(2) "Repair garage" means a building or part thereof in which general repair of any kind is performed on motor vehicles.
(3) "Service garage" means a repair garage accessory to an automobile salesroom and primarily for the repair and servicing of automobiles of the make sold in the salesroom.
(4) "Parking area" means an open area, other than a street or drive, used for the standing or parking of motor vehicles with or without a fee,
(5) "Service station" means a building or part of a building or space used for retail sale of gasoline, lubricants and motor vehicle accessories, and for minor services and repairs not accompanied by objectionable fumes, noise or odor.
(6) "Sales lot" means an open area, other than a street, used for display, sales or rental of new or used motor vehicles, trailers or boats, where no repair work is performed except minor and incidental to items sold.
(g) Grade.
(1) "Established street grade" means the roadway elevation established by the City or County Engineer or State Department of Transportation, measured at the roadway centerline in front of the lot.
(2) "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building.
(3) "Finished grade" means the elevation of the finished surface of the ground adjoining the building,
(h) Height of Building. "Height of a building" means the vertical distance to the highest point of the coping of the street wall in the case of a flat roof, and to the mean height between the eaves and ridge in the case of a pitched roof, measured from the finished grade.
(i) Home Occupation, "Home occupation" means a gainful occupation conducted only by members of the family entirely within a dwelling as an accessory use.
(j) Junk or Auto Wrecking Yard. "Junk or auto wrecking yard" means premises used for the purpose of dismantling or wrecking two or more motor vehicles or trailers, or premises used for the purpose of storing, selling or dumping partly dismantled, obsolete or wrecked vehicles or other parts, secondhand building materials, junk, paper, containers or other salvaged articles.
(k) Lot.
(1) "Lot" means a parcel of land considered as a unit, devoted or to be devoted to a certain use or occupied by a building or group of buildings and accessory uses that are united by a common interest or use, and the open spaces belonging to the same, and having the required frontage on a dedicated street, County or State road.
(2) "Corner lot" means a lot abutting on two streets at their intersection, where the angle of intersection is not more than 135 degrees.
(3) "Lot line" means the boundary of a lot separating it from adjoining land, public or private. It may or may not be the boundary line of a lot in a recorded subdivision.
(4) "Front lot line" means the street line of the lot in the case of an interior lo1; or, in the case of a corner lot, that line along the broader or more important street.
(5) "Depth of a lot" means the mean distance from the front line to the rear lot line measured in the mean direction of the side lot lines.
(6) ''Width of a lot" means the mean width measured at right angles to the depth,
(l) Motel or Automobile Court. "Motel" or "automobile court" means a group of two or more detached or semidetached buildings containing guest rooms which are designed, intended or used primarily for the accommodation of automobile travelers.
(m) Nonconforming Building and Use.
(1) "Nonconforming building" means a building or portion thereof lawfully existing on September 14, 1955, which was designed, erected or altered for a use that does not conform to the use, area, height or yard regulations of the district in which it is located.
(2) "Nonconforming use" means the use of a building or land existing at such date and which does not conform to the use regulations of the district in which it is located.
(n) Residential Professional Office. "Residential professional office" means the home office of the practitioner residing therein of any of the recognized professions such as architecture, commercial art, engineering, law, medicine, music and photography. It does not include medical clinics, barber or beauty shops, real estate brokers, insurance offices, vocational schools or similar businesses.
(o) Small Box Discount Store. "Small Box Discount Store" shall be defined as a retail store between 5,000 and 15,000 square feet that sells at retail an assortment of physical goods, products, or merchandise directly to the consumer, including food or beverages for off-premises consumption, household products, personal grooming and health products, and other consumer goods. Small box discount stores do not include small box stores that:
(1) Contain a prescription pharmacy;
(2) Sell gasoline or diesel fuel;
(3) Primarily sell specialty food items or daily prepared foods such as meat, seafood, cheese, or other items similar food items; and
(4) Dedicate at least fifteen percent of retail space to fresh or fresh frozen foods.
(p) Tourist or Trailer Camp. "Tourist camp," "trailer camp" or "trailer park" means any premises occupied by or designed for occupancy by more than one family in house trailers, tents, camp cars, or similar facilities.
(q) Use.
(1) "Use" means the purpose for which a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
(2) "Main use" means the principal use or activity on the premises.
(3) "Accessory use" means a use incidental to the principal use of a lot or building located on the same lot.
(r) Variance. "Variance" means an adjustment where due to some peculiar condition or circumstance applying to a particular property, the Board of Zoning Appeals finds under the limitations of this Zoning Code, that a literal application of its provisions would result in undue hardship,
(s) Yard.
(1) "Yard" means an open space on the same lot with a main building or structure, extending between the lot line and the extreme front, rear or side wall of the main building or structure.
(2) "Front yard" means the area across the full width of the lot, between the building line and the street line.
(3) "Side yard" means the area along the side of a lot between the building line and the rear yard or, in the case of a side street yard, the rear lot line.
(4) "Rear yard" means the yard across the full width of the lot immediately in the rear of the main building. It may or may not be on the opposite side of the building from the front yard.
(5) "Required yard lines" mean the lines whose location with respect to corresponding lot lines provides the required yard spaces.
(t) "Zoning Code" means Ordinance 79-0-14, passed July 24, 1979, as amended, codified herein as Title Four of Part Twelve - the Planning and Zoning Code.
(Ord. 79-0-14. Passed 7-24-79; Ord. 2022-O-27. Passed 3-28-23.)