(A) Tense; singular and plural. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.
(1978 Code, § 17.08.020)
AGRICULTURE. The use of land for agricultural purposes. This includes necessary buildings and structures which shall be used for agriculture including, but not limited to, farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agriculture activities. Buildings occupied as residences shall not be considered to be used for agricultural purposes.
(1978 Code, § 17.08.030)
ALLEY. A public or private way less than 21 feet in width affording secondary means of access to abutting property.
(1978 Code, § 17.08.040)
ANIMAL HOSPITAL. Any building or portion thereof, designated or used for the care, observation, or treatment of domestic animals.
(1978 Code, § 17.08.050)
AUTOMOBILE REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision service, including body, frame, or fender straightening or repair; overall painting or paint shop and vehicle steam cleaning.
(1978 Code, § 17.08.060)
AUTOMOBILE WRECKING YARD. Any area of land where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation; or any land, building, or structure used for the wrecking or storing of such motor vehicles, not in running condition, or parts thereof.
(1978 Code, § 17.08.070)
BASEMENT.
(a) A story having part but not more than 50% of its height below the average grade of the adjoining ground, as distinguished from a “cellar”.
(b) A
BASEMENT shall be counted as a story for purpose of height measurement.
(1978 Code, § 17.08.080)
BUILDING. Any structure for the shelter or enclosure of persons, animals, or chattels.
(1978 Code, § 17.08.090)
CELLAR. A story having 50% or more of its height below the average grade of the adjoining ground.
(1978 Code, § 17.08.100)
DRIVE-IN ESTABLISHMENT. An establishment that accommodates patrons’ automobiles, from which the occupants may purchase or watch.
(1978 Code, § 17.08.110)
DWELLING. A building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including a tent, cabin, trailer, or trailer coach, or a room in a hotel or motel.
(1978 Code, § 17.08.120)
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply, or disposal systems; and elevated and underground water storage tanks; including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police callboxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(1978 Code, § 17.08.130)
FAMILY. One or more persons related by blood, marriage, or adoption, together with his, her, or their domestic servants, maintaining a common household in a dwelling.
(1978 Code, § 17.08.140)
GARAGE, PRIVATE. A detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one truck of a rated capacity not exceeding one and one-half tons.
(1978 Code, § 17.08.150)
GARAGE, PUBLIC. Any building where automotive vehicles are painted, rebuilt, reconstructed, and/or stored for compensation.
(1978 Code, § 17.08.160)
HEIGHT. In the case of a wall, or part of a building, the vertical distance from the average established curb grade in front of the lot or from the average finished grade at the building line, if higher, to the average height of the top of the cornice of a flat roof or roof line, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.
(1978 Code, § 17.08.170)
HIGHWAY or PRIMARY THOROUGHFARE. An officially designated federal or state numbered highway or other road designated as a highway or primary thoroughfare on the thoroughfare plan as officially adopted and amended from time to time by the Planning Commission.
(1978 Code, § 17.08.180)
HOME OCCUPATION. Customary incidental home occupations, such as handicraft, dressmaking, millinery, and preserving, or office of physician, dentist, insurance agent, or similar professional services, provided that, no more than 20% of the floor area is use for said purposes, that no internal or external structural alteration is required, that no more than one person from outside the family is employed, and that no sale of products takes place on the premises.
(1978 Code, § 17.08.190)
JUNKYARD. An open area or fenced enclosure, where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, dissembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNKYARD includes an automobile wrecking yard, but does not include uses established entirely within enclosed buildings.
(1978 Code, § 17.08.200)
KENNEL. Any structure or premises where three or more dogs over four months of age are kept.
(1978 Code, § 17.08.210)
LOT. A parcel of land, abutting on a street, whose area, in addition to the parts thereof occupied or hereafter to be occupied by a building and its accessory buildings, is sufficient to provide the yards and courts required by this chapter.
(1978 Code, § 17.08.220)
LOT AREA. The horizontal area within the lot lines of the lot.
(1978 Code, § 17.08.230)
LOT, CORNER.
(a) CORNER LOT means a lot situated at the intersection of two streets, provided that, the interior angle made by the front lot lines at the intersection is less than 135 degrees.
(b) A
CORNER LOT shall be deemed to have two front yard and two side yard lot lines in regards to building set back lines and rules.
(1978 Code, § 17.08.240)
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
(1978 Code, § 17.08.250)
LOT, INTERIOR. A other than a corner lot.
(1978 Code, § 17.08.260)
LOT LINE, FRONT. The boundary of a lot which is along an existing or dedicated street or road. A corner lot will have two front lot lines.
(1978 Code, § 17.08.270)
LOT LINE, REAR. The boundary of a lot which is most distant from, and is more or less nearly parallel to, the front lot line.
(1978 Code, § 17.08.280)
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
(1978 Code, § 17.08.290)
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds; or a parcel of land, the deed to which was recorded in the office of said Recorder prior to adoption of the zoning ordinance codified in this chapter.
(1978 Code, § 17.08.300)
LOT WIDTH. The mean horizontal distance across the lot between side lot lines at the building line measured at right angles to the depth.
(1978 Code, § 17.08.310)
MOBILE HOME. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The term MOBILE HOME includes manufactured homes constructed after June 30, 1976, in accordance with the Federal National Manufactured Housing, Construction, and Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq. A MOBILE HOME resting in whole on a permanent foundation, with wheels, tongue, and hitch permanently removed.
(1978 Code, § 17.08.315)
MOBILE HOME PARK. A tract of land or two or more contiguous tracts of land upon which contain sites with the necessary utilities for ten or more mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a MOBILE HOME PARK if they are maintained and operated jointly.
(1978 Code, § 17.08.316)
MODULAR HOME. A factory manufactured single-family structure built in one or more sections. The average width to length ratio of the living area (excluding carports, garages, porches, and attachments) shall not exceed a three to one ratio and shall have a minimum of 900 square feet of living area. All MODULAR HOMES shall be placed on, anchored to, and structurally supported by a full perimeter permanent concrete or masonry foundation extending below the frost line. As with other single- family residences (see §§ 152.076 through 152.078), all MODULAR HOMES must have a minimum 4/12 roof pitch for the living area, a minimum overhang of ten inches (unless the architectural design is inconsistent with this overhang dimension), and have exterior siding and roof shingles of a type commonly used in standard residential construction. All wheels and towing devices must be removed and evidence of the same must not be visible outside the foundation.
(1978 Code, § 17.08.318)
MOTOR FUEL STATION. A place where gasoline, diesel oil, kerosene, or any other motor fuel or lubrication oil or grease for operating motor vehicles is offered for sale to the public; and where deliveries are made directly into motor vehicles, including greasing and oiling; and where automobile accessories are sold on the premises.
(1978 Code, § 17.08.320)
NONCONFORMING USE. A building, structure, or premises lawfully occupied as of September 8, 1967, the time of the enactment of the zoning ordinance codified in this chapter, by a use that does not conform with the provisions of said ordinance for the district in which it is located; also such use resulting from changes in zoning districts or in textual provisions made after such date.
(1978 Code, § 17.08.330)
PARKING AREA, ACCESSORY. An area of one or more parking spaces located on the same property as the building, structure, or premises it is intended to serve, or on adjoining or nearby property, and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.
(1978 Code, § 17.08.340)
PARKING SPACE DIMENSIONS MINIMUM. Each parking space as used in preceding term “parking area, accessory”, shall be no less than ten feet in width and 20 feet in length.
(1978 Code, § 17.08.345)
SETBACK LINE. The minimum horizontal distance permitted between the front or side of a structure and the nearest street line.
(1978 Code, § 17.08.350)
SIGN. Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or of any civic, charitable, religious, patriotic, fraternal, or similar organization, or any sign indicating address. Each display surface of a sign shall be considered a SIGN.
(1978 Code, § 17.08.360)
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same; however, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. (1978 Code, § 17.08.370)
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor; provided, that for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.
(1978 Code, § 17.08.380)
STREET. Any public or private way set aside as a permanent right-of-way for vehicular or pedestrian access 21 feet or more in width if it existed at the time of the enactment of the ordinance codified in this chapter; and any such public or private way created after enactment of said ordinance, provided it is 50 feet or more in width.
(1978 Code, § 17.08.390)
STRUCTURAL ALTERATION. Any change in the supporting members of a building, including, but not limited to, bearing walls, load- bearing partition, columns, beams, or girders, or any substantial change in the roof or exterior walls.
(1978 Code, § 17.08.400)
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground, or attached to something having permanent location on the ground.
(1978 Code, § 17.08.410)
SWIMMING POOL. A structure with walls 24 inches high or greater, capable of holding water and used for swimming.
YARD, FRONT. An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in this chapter.
(1978 Code, § 17.08.430)
YARD, REAR. An open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in this chapter.
(1978 Code, § 17.08.440)
YARD, SIDE. An open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in this chapter.
(1978 Code, § 17.08.450)
(Ord. 268, passed - -1967; Ord. 368, passed - -1967; Ord. 88-13, passed - -1988; Ord. 98-5, passed - -1998; Ord. 2009-01, passed 2-19-2009)