(A) Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word BUILDING includes the word STRUCTURE; the word LOT includes the word PLOT; the word SHALL is mandatory and not directory.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY. A subordinate use or building customarily incident to and located on the lot occupied by the main use or building and must be attached to the main building.
ALLEY. A public thoroughfare not over 20 feet in width.
APARTMENT. A room or suite of rooms in an apartment house or tenement arranged, designed or occupied as the residence of a single family, individual or group of individuals.
CONDOMINIUM. A dwelling unit.
CONDOMINIUM BUILDING. A group of condominiums in one building.
CUSTOMARY HOME OCCUPATIONS. Occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property. These may include dressmaking, millinery, washing and ironing. CUSTOMARY HOME OCCUPATIONS shall not include barbershop, flower shops, carpenter shops, electrician shops. plumbers shops, radio shops, tinners shops, transfer or moving van offices, auto repairing or sign painting.
DEPTH OF REAR YARD. The main horizontal distance between the rear line of a building other than an accessory building and the centerline of the alley where an alley exists, otherwise the rear lot line.
DEPTH OF LOT. The mean horizontal distance between the front and rear lot lines.
DISTRICT. A section of the city for which the regulations governing the areas, heights or use of buildings are uniform.
FAMILY. A family is one or more persons living together as a single housekeeping unit, in which not more than two individuals are unrelated by blood, marriage or adoption.
FRONT YARD. An open unoccupied space on the same lot with a building, said space lying between the font line of the building and the street line of the lot.
GARAGE, PRIVATE. A garage with capacity of not more than three motor driven vehicles, for storage only, for private use and in which not more than one space shall be rented to persons not occupants of the premises. Of the vehicles allowed as accessory to a dwelling, not more than one shall be a commercial motor driven vehicle. In a dwelling district, a PRIVATE GARAGE may exceed a three-vehicle capacity; provided, the area of the lot whereon such private garage is located contains not less than 2,500 square feet for each vehicle stored. In an apartment district, a PRIVATE GARAGE may exceed a three-vehicle capacity; provided, the area of the lot whereon such private garage is located shall contain not less than 1,000 square feet for each vehicle stored.
GROSS FLOOR AREA. The gross floor area of an apartment house shall be measured by taking outside dimensions of the apartment building at each floor level excluding, however, the floor area of basements or attics not used for resident purposes.
HEIGHT. The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level if higher or if no street grade has been established, to the highest point of the roof’s surface if a flat surface; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip or gable roofs. In measuring the HEIGHT of a building the following structures shall be excluded: chimneys.
LOT. Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this chapter, having its principal frontage upon a public street or officially approved place.
(a) FRACTIONAL. A portion of a lot that has been cut off of a corner lot, having the side line of an adjacent lot as its rear line and the rear line of the remainder of the corner lot as a side line.
(b) FRONT LINE. The line of an interior lot which is adjacent to the street. On corner lots, it is the prolongations of the front line of adjacent interior lots as originally platted.
(c) INTERIOR. A lot other than corner lot.
(d) THROUGH. A lot having frontage on two parallel, or approximately parallel, streets.
LOT, CORNER. A lot situated at the junction of two or more streets.
LOT LINES. The lines bounding a lot as defined herein.
NON-CONFORMING USE. A building or premises occupied by a use that does not conform to the regulations of the use district in which it is situated.
OPEN SPACE. Any unoccupied space on the lot that is open and unobstructed to the sky and occupied by no buildings whatever.
PERSONS. When used in this chapter, shall, for the purpose of this chapter, mean every person, firm, co-partnership, associations, partnership, corporation or society; and the term PERSON shall include both singular and plural and masculine shall embrace the feminine gender.
PLACE. An open unoccupied space reserved for purposes of access to abutting property.
PUBLIC USE BUILDING. A building which the public frequents, but which is not a condominium, townhouse or other single-family dwelling.
REAR YARD. A space unoccupied, except by a building of accessory use as hereinbefore permitted, extending the full width of the lot between the building other than a building of accessory use and the rear lot line. Where there is an alley, the depth of the REAR YARD may be considered to extend to the centerline of the alley.
SIDE YARD. An open unoccupied space on the same lot with a building to be situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed to be a side line.
SINGLE-FAMILY DWELLING. A detached building having accommodations for and occupied by only one single family.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it, then the space between such floor and the ceiling next above it.
STORY, HALF. A story having an average height of not more than eight feet covering a floor area of not more than 50% of the area of the floor on the first story below.
STREET. Any public thoroughfare dedicated to the public or use of property owner within the town.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or which is attached to something having location on the ground.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
TOWNHOUSE. A townhouse is a - dwelling unit constructed in a series or group of attached units with property lines separating such units.
WIDTH OF SIDE YARD. The mean horizontal distance between a side wall of a building and the side line of the lot or to the centerline of any alley adjacent to such side lot line.
(2004 Code, § 9-1501) (Ord. 83-4, passed 10-18-1983; Ord. 99-4, passed 8-17-1999)