For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.
ACCESSORY BUILDING: A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the building or premises.
ACCESSORY USE: A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.
ADVERTISING SIGN OR STRUCTURE: Any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties, nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this title.
ALLEY: A minor right of way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
APARTMENT HOUSE: A dwelling designed to be occupied by three (3) or more families living independently of each other (see definition of Dwelling, Multiple).
AUTOMOBILE: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, the following: passenger cars, trucks, buses, motor scooters and motorcycles.
BASEMENT: A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
BILLBOARD: Any freestanding sign, or a sign that is attached to or part of a building or other structure and is an off premises sign.
BOARDING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more, but not exceeding twenty (20) persons, on a weekly or monthly basis.
BUILDING: Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.
BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or the average height of the highest gable of a pitch or hip roof.
BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.
BUILDING SITE: A single parcel of land under one ownership, occupied or intended to be occupied by a building or structure.
CHILDCARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or other church activities.
COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
DISTRICT: Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.
DWELLING: Any building or portion thereof, which is designed or used as living quarters for one or more families, but not including trailer homes (see definition of Trailer Home, Mobile Home Or House Trailer).
DWELLING, MULTIPLE: A detached dwelling designed to be occupied by three (3) or more families living independently of each other, exclusive of hotels or motels.
DWELLING, SINGLE-FAMILY: A detached dwelling designed to be occupied by one family.
DWELLING, TWO-FAMILY: A detached dwelling designed to be occupied by two (2) families living independently of each other.
FAMILY: One or more persons related by blood, marriage or adoption, or a group of not to exceed five (5) persons, not all related by blood or marriage, occupying a boarding or lodging house, hotel, club or similar dwelling for group use.
GARAGE APARTMENT: A dwelling unit for one family erected above a private garage.
GARAGE, PARKING: Any building, or portion thereof, used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.
GARAGE, PRIVATE: An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.
GARAGE, PUBLIC: Any garage other than a private garage, available to the public, where vehicles are parked or stored for remuneration, hire or sale.
GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair or equipping of automobiles.
GASOLINE SERVICE OR FILLING STATION: Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic automobile washing or the sale of butane or propane fuels.
HOME OCCUPATION: Any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided, that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated nameplate not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used except as is customary for purely domestic or household purposes. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; no equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interferences detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. A tearoom or restaurant, rest home or clinic, doctor's or dentist's office, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.
HOTEL: A building or group of buildings under one ownership containing four (4) or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
KENNEL 1 : Any lot or premises on which are kept four (4) or more dogs, more than six (6) months of age.
LOT: Any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this title and other laws or ordinances, and having its principal frontage on a street.
LOT AREA: The total area measured on a horizontal plane, included within lot lines.
LOT, CORNER: A lot which has at least two (2) adjacent sides abutting for their full lengths on a street; provided, that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).
LOT, DEPTH: The average horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a lot.
MEDICAL FACILITIES: Any of the following:
Convalescent, Rest Or Nursing Home: Health facility, where persons are housed and furnished with meals and continuing nursing care for compensation.
Dental Clinic Or Medical Clinic: A facility for the examination and treatment of ill and afflicted human outpatients; provided, that patients are not kept overnight except under emergency conditions.
Dental Office Or Doctor's Office: See definition of Dental Clinic Or Medical Clinic.
Hospital: An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.
Public Health Center: A facility primarily utilized by a health unit for providing public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
Sanatorium: An institution providing health facilities for inpatient treatment or treatment and recuperation making use of natural therapeutic agents.
NONCONFORMING USE: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
OFF PREMISES SIGN: Any sign other than on premises sign.
OFF STREET PARKING SPACE: A parking space not on or extending over any public easement or right of way.
ON PREMISES SIGN: Any sign which advertises only goods, services, facilities, events or attractions available on the premises where located, or identifies the owner or occupant or directs traffic on the premises.
PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a permanently surfaced driveway connecting the parking space with a street or alley.
PRISONS OR OTHER CORRECTIONAL FACILITIES: A facility where six (6) or more persons are housed under partial or total restraint for incarceration, detention or other similar purposes.
ROOMING HOUSE: A building where lodging of no more than three (3) rooms is provided for compensation.
SELF-SERVICE LAUNDRY OR DRY CLEANING ESTABLISHMENT: Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from or dry cleaning wearing apparel, cloth, fabrics and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.
STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
STREET: Any public or private thoroughfare which affords the principal means of access of abutting property.
STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.
TOURIST COURT: An area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons or families and intended primarily for automobile transients.
TOURIST HOME: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.
TRAILER COURT OR MOBILE HOME PARK: A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by more than one trailer house or mobile home.
TRAILER, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.
TRAILER HOME, MOBILE HOME OR HOUSE TRAILER: A portable or mobile living unit used or designed for human occupancy on a permanent basis.
TRAILER HOME OR MOBILE HOME SPACE: A plot of ground within a trailer court designed for the accommodation of one mobile home.
TRAILER, TRAVEL OR CAMPING: A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this title that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard located in front of the front elevation of a building line and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
YARD, REAR: A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (1989 Code § 12-204; amd. Ord. 678, 1-17-1999; 2002 Code; Ord. 726, 12-16-2003)
Notes
| 1 | 1. See also section 5-3A-7 of this code. |