(a) For purposes of this Zoning Ordinance, certain terms or words used herein shall be interpreted as follows:
(1) "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
(2) "Shall" is mandatory. "May" is permissive.
(3) "Used" or "occupied" include the words intended, designed or arranged to be used or occupied.
(b) (1) "Accessory use or structure" means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
(2) "Lot" means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record;
D. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Ordinance.
(3) "Lot frontage" means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards in this section.
(4) "Lot measurements."
A. "Depth" of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. "Width" of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points, where they intersect with the street line, shall not be less than eighty percent of the required lot width except in the case of lots on the turning circle of cul-de-sac, where the eighty percent requirement shall not apply.
(5) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Court, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(6) "Multiple dwellings" means dwellings designed for or occupied by three or more families, with separate housekeeping, toilet and cooking facilities for each, and includes apartment houses but does not include hotels.
(7) "Special exceptions" means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provisions for such special exceptions is authorized by the Board of Zoning Appeals.
(8) "Street line" means the right-of-way line of a street.
(9) "Structure" means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, bill-boards and poster panels, excluding however fireplaces and chimneys which do not protrude over two feet beyond the main structure of the building of which they are a part and which are not less than three feet from the side property line.
(10) "Variance" means a relaxation of the terms of the Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining divisions or districts.
(11) "Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the general ground level of the graded lot upward, provided however that fences and walls may be permitted in any yard subject to height limitations as indicated herein.
(12) "Yard, front" means a yard extending between side lot lines across the front of a lot.
In any required front yard, no fence, wall, hedge or other vegetation shall be permitted which materially impedes vision across such yard above the height of thirty-six inches.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Mayor may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
In the case of corner lots with more than two frontages, the Mayor shall determine the front yard requirements, subject to the following limitations:
A. At least one front yard shall be provided having the full depth required generally in the district;
B. No other front yard on such lot shall have less than half the full depth required generally.
Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.
(13) "Yard, side" means a yard extending from the rear line of the required front yard to the rear lot line.
In the case of through lots, side yards shall extend from the real lines of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to the interior lot. In the case of corner lots with reversed frontage, the yards remaining after the full and half-depth front yards have been established shall be considered to be side yards. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.
(14) "Yard, rear" means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and reversed frontage corner lots, there will be no rear yard. In the case of corner lots with normal frontage, the rear yard shall extend from the inner side yard line of the side yard adjacent ID the interior lot to the rear line of the half-depth front yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.
(15) "Interior lot" means a lot other than a corner lot with only one frontage on a street other than an alley.
(16) "Through lot" means a lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as double frontage lots.
(17) "Reversed frontage lot" means a lot in which the frontage is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot.
"Zoning Ordinance" or "Ordinance" as used in Chapters One and Three of this Part Thirteen Planning and Zoning Code means the Zoning Ordinance adopted June 24, 1965, as amended.
(Ord. 10-14. Passed 8-14-14.)