For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this chapter. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings. The following are definitions of general terms used throughout this Ordinance with the exception of use definitions, which are defined in Section 168.07.
“Accessory structure” means a structure incidental to and located on the same lot as the principal building.
(Ord. 2023-26 – Jan. 24 Supp.)
“Accessory living quarters” means an accessory building used solely as the temporary dwelling of guests of the occupants of the premises, such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
“Accessory use” means a use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to and customarily found in connection with, such primary use.
“Acreage, gross” means the overall total area.
“Acreage, net” means the remaining area after all deductions are made; with deductions including streets, easements for access, and street dedications.
“Alley” means any public or private way which affords only a secondary means of access to abutting property.
“Alteration” means any change, addition, or modification in construction, occupancy, or use.
“Awning” means a shelter supported entirely from the exterior wall of a building.
“Basement” means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
“Block” means land or a group of lots surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision tract.
“Build” means to construct, assemble, erect, convert, enlarge, reconstruct, or structurally alter a building or structure.
“Buildable area” means the portion of a lot, excluding required yards, where a structure or building improvements may be erected.
“Building” means any structure used or intended for supporting or sheltering any use or occupancy.
“Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip, and gambrel roofs.
“Building line” means the perimeter of that portion of a building or structure measured parallel to the lot line. For the purposes of establishing a building line, the building wall does not include permitted encroachments of architectural features, such as bay windows, eaves, and steps and stoops.
“Building, main” means a building in which the principal use of the site is conducted.
“Building, temporary” means a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
“Canopy” means a roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows, and other openings.
“Carport” means a roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.
“Community signs” means temporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive, and/or informative nature announcing activities, promotions, or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based, non-profit organization.
“Comprehensive plan” means the declaration of purposes, policies, and programs for the development of the jurisdiction, and may also be referred to as the general plan.
“Conditional use” means a use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
“Condominium” means a single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
“Corner visual clearance” means the requirement that in all districts nothing shall be erected, placed, planted, or allowed to grow on a corner lot in such a manner as to significantly impede vision between a height of three feet above the grades of the area measured as follows: that triangular-shaped area bounded by sidewalks adjacent to a corner lot and a straight line joining points on said sidewalks, 25 feet from said corner. Where no sidewalk(s) exist, the area shall be measured along the back of curb or edge of roadway pavement, as applicable.
Corner Visual Clearance
“Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
“Density” means the number of dwelling units which are allowed on an area of land, which area of land may include dedicated streets contained within the development.
“District” means a part, zone, or geographic area within the City or under its extraterritorial jurisdiction within which certain zoning or development regulations apply.
“Driveway” means a private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by this code.
“Easement” means that portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owners of the property. The easement may be for use under, on, or above said lot or lots.
“Elevation, building means the flat representation of a building seen from one side.
“Façade” means the vertical face of a building, including any insets and protrusions facing a street or open space, which contributes to the aesthetic and/or structural design of the building.
“Farm” means an area with a minimum size of ten acres which is used for the growing of the usual farm products as vegetables, fruits, and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals.
“Farm animals” means animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale and/or family food production, education, or recreation. Farm animals are identified by these categories: large animals (e.g., horses and cattle); medium animals (e.g., sheep, goats); or small animals (e.g., rabbits, chinchilla, chickens, turkeys, pheasants, geese, ducks and pigeons).
“Farming” includes the operation of such farm area for the purpose of growing farm products and raising farm animals, as defined in this section, with the necessary accessory uses for treating or storing the food produce; provided, however, the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feeding of garbage or offal to swine or other animals.
“Floor area, gross” means the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.
“Floor area, net” means the gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
“Floor area, ratio” means is the numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.
“Frontage” means the distance along a street line from one intersecting street to another, or from one intersecting street to the end of a dead-end street.
“Garage, private” means a structure, either attached or detached, designed and/or used for the parking and storage of vehicles as an accessory structure to a residence.
“Gazebo” means a freestanding roofed structure with open sides.
(Ord. 2023-26 – Jan. 24 Supp.)
“Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of those buildings more than five feet from a street line. For buildings closer than five feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the City shall establish the grade.
“Graffiti” means unauthorized marking on a structure.
“Home occupation” is an occupation or a profession which is conducted in a dwelling unit or in a conforming accessory building to a dwelling unit; and which is conducted by a member of the family residing in the dwelling unit, with no more than two employees; and which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
“Household pets” means dogs, cats, rabbits, and birds, for family use only (noncommercial) with cages, pens, etc.
“Kitchen” means any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
“Landscaping” means the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs, and flowers. This treatment may also include the use of logs, rocks, fountains, water features, and contouring of the earth.
“Livestock” means one or more domestic animals of species bred or kept for production of food or fiber, for use as draft animals, or for riding.
“Lot” means the basic development unit for determination of lot area, depth, and other dimensional regulations. The following describes the types of lot configurations:
An “interior lot” means a lot other than a corner or through lot, bounded by two interior side lot lines.
A “corner lot” means a lot situated at the junction of, and abutting on, two or more intersecting streets.
A “double frontage lot” means a lot which fronts upon two streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
A “reverse corner lot” is a corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of the first lot to its rear.
A “flag lot” means a lot such that the main building site area (the “flag”) is set back from the street on which it fronts and includes an access strip (the “pole”) connecting the main building site with the street.
(Ord. 2023-26 – Jan. 24 Supp.)
“Lot, depth” means the mean horizontal distance between the front and rear lot line.
“Lot, flag” means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
“Lot, interior” means a lot other than a corner lot.
“Lot line” means a line of record that separates one tract from another or from a public or private right of way, as indicated on an approved, filed, and recorded plat or other legal instrument deemed acceptable by the City.
“Lot width” is the horizontal distance between the side lot lines at the required front yard measured along a straight line parallel to the front lot line.
“Masonry” means the bonding of units of various natural or artificial materials used by masons, such as stone, brick, split-faced concrete, or other materials of similar appearance approved by the Code Official. Masonry does not include stucco or exterior insulation finishing system (EIFS).
"Masonry, required" means the total area of a building elevation measured between grade and the highest point of the coping of a flat roof or the eaves for gable, hip, gambrel or mansard roof. The transparency from windows and doors may be subtracted out of the total area in non-residential (including mixed use) buildings.
(Ord. 2022-09 - Aug. 22 Supp.)
“Masonry, required” means the total area of a building elevation measured between grade and the highest point of the coping of a flat roof or the eaves for gable, hip, gambrel or mansard roof. The transparency from windows and doors may be subtracted out of the total area in non-residential (including mixed use) buildings.
(Ord. 2022-09 – Aug. 22 Supp.)
“Modular home” means a factory-built home, other than a manufactured home, which meets all of the following requirements:
Is designed only for erection or installation on a site-built permanent foundation;
Is not designed to be moved once so erected or installed;
Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a State or local modular building code recognized as generally equivalent to building codes for site-built housing; or
To the manufacturer’s knowledge, is not intended to be used other than on a site-built permanent foundation.
“Natural waterways” means those areas, varying in width along streams, creeks, springs, gullies, or washes, which are natural drainage channels as determined and identified by the City.
“Nonconforming building” means a building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected, or structurally altered for a use that does not conform to the zoning regulations of the district in which it is located.
“Nonconforming lot” means a lot whose width, area, or other dimension did not conform to the regulations when this code became effective.
“Nonconforming sign” means a sign or sign structure or portion thereof lawfully existing at the time this code became effective, which does not now conform.
Nonconforming use” means a use which lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the use regulations.
“Occupancy” means the fact or condition of holding, possessing, or residing in or on a property.
“Open space” means land areas that are not occupied by buildings, structures, parking areas, streets, alleys, or required yards. Open space may be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
“Owner” means any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
“Outdoor storage” means the storage of merchandise, goods, inventory, materials, equipment, vehicles, trailers, or other items which are not intended for immediate sale, by locating them outside. Outdoor storage does not include company vehicles, short-term resident, customer and/or staff parking within off-street parking areas pursuant to Section 169.01.
“Parking space” means a space which is intended for off-street vehicular parking and is constructed in accordance with Chapter 169.
“Pergola” means an open structure, which may either be freestanding or attached to a structure, that forms a partially shaded pedestrian walkway, passageway, or seating area.
(Ord. 2023-26 – Jan. 24 Supp.)
“Person” means a natural person, heirs, executors, administrators, or assigns, and also includes a firm, partnership, corporation or association, its or their successors or assigns, or the agent of any of the aforesaid.
“Plot plan” means a plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.
“Premises” means the land, together with any buildings or structures thereon.
“Principal use” means the primary use of the premises or the primary use of the main building.
“Public improvement” means work within dedicated rights-of-way or easements.
“Public way” means any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.
“Quasi-public” essentially means a public use, although under private ownership or control.
“Quorum” means a majority of the authorized members of a board or commission.
“Recreational vehicle” means any vehicle or boat designed for temporary living quarters, recreation, or temporary human habitation and not used as a commercial vehicle including, but not limited to, the following: boat/watercraft, camper trailer, motorized trailer, off-road vehicle, racing car or cycle, travel trailer, and truck camper.
“Renovation” means interior or exterior remodeling of a structure, other than ordinary repair.
“Separate tract” means a parcel of land or a group of contiguous parcels of land under one ownership on June 5, 1967.
"Separation Distance" means the distance measured from a point of the lot line on which such use is proposed to be located to the nearest point on the lot line where the other use or district is located.
“Setback” means the minimum required distance between the lot line and the building line.
“Site plan” means a plan which outlines the use and development of any tract of land.
“Street” means any vehicular way that: (i) is an existing State, County, or municipal roadway; (ii) is shown upon a plat approved pursuant to law; (iii) is approved by other official action; or (iv) is shown on a plat duly filed and recorded in the office of the County recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats. A street includes the land between the street lines whether improved or unimproved.
“Street, private” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
“Subdivision” means the division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.
“Swimming pool” means any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground, and on-ground swimming pools, hot tubs, and spas.
“Temporary portable storage container” is a large container designed and rented or leased for the temporary storage of commercial, industrial, or residential household goods, that does not contain a foundation or wheels for movement. Examples of this use include piggyback containers that can be transported by mounting on a chassis, and “POD-type” boxes that can be transported on a flatbed or other truck, but do not include prefabricated sheds that are not designed for transport after erection or commercial trailers used by construction companies or other uses in the regular performance of their businesses. Temporary portable storage containers, except those included in temporary construction permits, are subject to the provisions of Section 171.03 – Temporary Use Permit.
“Use” means the activity occurring on a lot or parcel for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied, including all accessory uses.
“Use, change of” means the change within the classified use of a structure or premises.
“Use, temporary” means a use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
“Variance” means the means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges.
“Yard” means the open space area between the building line of a principal building and the adjacent lot lines, exclusive of facade articulation, such as window or wall recesses and projections.
“Yard, required corner side” means the required minimum distance per the zoning district that a principal building must be located from the corner side lot line between required front yard and the rear lot line, measured perpendicular to the corner side lot line.
“Yard, required front” means the required minimum distance per the zoning district that a principal building must be located from the front lot line, measured perpendicular to the front lot line.
“Yard, required rear” means the required minimum distance per the zoning district that a principal building must be located from the rear lot line, measured perpendicular to the rear lot line.
“Yard, required side” means the required minimum distance per the zoning district that a principal building must be located from the side lot line, measured perpendicular to the interior side lot line.
“Zoning map” means the map delineating the boundaries of all zoning districts which, along with the zoning text, comprises the zoning ordinance.
(Chapter 167 - Ord. 2022-02 – May 22 Supp.)