§ 156.010  DEFINITIONS.
   (A)   For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows.
      (1)   The present tense shall include the future tense and vice-versa.
      (2)   Words in the singular includes the plural and vice-versa.
      (3)   The word “person” includes a partnership, company or corporation as well as an individual.
      (4)   The word “lot” includes the word “plot”, “parcel” or “tract” of land.
      (5)   The term “shall” is always mandatory and directory.
      (6)   The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied”.
   (B)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words and terms not defined herein shall be as defined in a current dictionary of general use.
      ACCESS. The planned area used for vehicular traffic from the street to the interior portions of a lot.
      ACCESSORY BUILDING. A subordinate building or structure located on the same zoning lot as the principal building or use.
      ACCESSORY USE. One which meets the following qualifications:
         (a)   Is subordinate to and serves a principal building or principal use;
         (b)   Is subordinate in area, extent or purpose to the principal building or principal use served;
         (c)   Is located on the same zoning lot as the principal building or principal use served; and
         (d)   Is either in the same ownership as such principal use or is operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
      ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or exterior walls.
      APARTMENT. A room or group of rooms in a two-family or multi-family dwelling intended for use as a residence by a single family and must include private bath and culinary accommodations.
      APARTMENT, EFFICIENCY. A small apartment combining living room and bedroom facilities into one room with minimal kitchen and bath facilities provided.
      ATTACHED BUILDING. A building which has any part of its exterior or bearing wall in common with another building or which is connected to another building by a roof.
      AUTOMOBILE REPAIR. General repair of automobiles, including engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service; such as body, frame or fender straightening and repair, overall painting and underrating, when carried on in a completely enclosed building.
      AUTOMOBILE SERVICE STATION. A building on a tract of land used exclusively for the storage and sale of gasoline or other fuels and for any uses accessory thereto. The sale of lubricants, accessories or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles with hand tools only or the washing of motor vehicles are permitted accessory uses. Uses that are not permissible include major mechanical and/or body work, painting, welding, storage of automobiles not in operating condition or the sale of automobiles.
      BILLBOARD (OUTDOOR ADVERTISING SIGN). Any structure or part thereof on which lettered or pictorial matter is displayed for off premise advertising purposes.
      BUILDING. A structure with walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings.
      BUILDING HEIGHT. The vertical distance measured from grade level to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; to the mean height level between eaves and ridge of gable, hip and gambrel roofs.
      BUILDING LINE. The line nearest the front of and across a lot establishing the open space provided between the front line of a building or structure and the street right-of-way line.
      BUILDING PERMIT. A permit issued by the Building Official in accordance with a plan for construction that complies with all the provisions of this chapter.
      BUILDING, PRINCIPAL. A building in which the main use of a zoning lot is conducted.
      BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices or recreational and amusement enterprises for profit.
      BUSINESS SCHOOL. A privately owned school which teaches secretarial, bookkeeping, accounting and similar office and clerical skills.
      CERTIFICATE OF OCCUPANCY. A certificate of occupancy issued by the Building Official authorizing occupancy based on compliance with the provisions of this chapter and other applicable codes of the Town.
      CLINIC FOR HUMANS. A facility providing diagnostic, therapeutic or preventive human outpatient health care by a group of doctors in the same building.
      CLUBS OR LODGES, PRIVATE. Any association of persons, who are bona fide members, paying dues, which own or lease a building or portion thereof, the use of which shall be restricted to members and their guests.
      COMMERCIAL. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services or recreational or amusement enterprises for the purpose of realizing a profit.
      COMPREHENSIVE PLAN. A composite, or portion thereof, of the mapped and written proposals and recommendations relative to the growth and development of a given planning area which shall have been duly adopted by the legislative body.
      CONSTRUCTION. The placing of materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building, has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed CONSTRUCTION.
      CONVENIENCE ESTABLISHMENT. A small establishment designed and intended to serve the daily or frequent trade or service needs of the immediate surrounding residential area.
      DAY CARE CENTER. A facility operated by a person licensed by state or local government to provide care and maintenance of children (other than immediate family or close relatives) during a portion of the day for two or more consecutive weeks.
      DEPTH OF YARD. The horizontal distance between the lot line and the building or the furthermost projection thereof.
      DRIVE-IN. A commercial establishment so developed that its operation is dependent wholly or in part on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
      DWELLING. A building or portion thereof designed or used exclusively for residential occupancy.
      DWELLING UNIT. One or more connected rooms designed for occupancy by one family containing permanent cooking accommodations and bath facilities reserved for the occupants only.
         (a)   MOBILE HOME. A moveable or portable dwelling, to be used for human habitation, built on a chassis, designed without a permanent foundation.
         (b)   MULTI-FAMILY. A building on a lot or parcel of land designed and used exclusively as a residence for three or more families living independently of one another.
         (c)   SINGLE-FAMILY. A detached residential dwelling other than a mobile home, separated from other residential dwellings by open space, designed for and occupied by one family.
         (d)   SINGLE-FAMILY ATTACHED. A building designed for and occupied exclusively as a single-family residence having a common party wall with an adjacent single-family residence. SINGLE-FAMILY ATTACHED STRUCTURES shall contain no more than six dwelling units.
         (e)   TWO-FAMILY. A structure designed and occupied exclusively as a residence for two families with each unit being completely independent of the other. The design may locate the units side by side or one over the other.
      FAMILY. One or more persons related by blood, marriage or adoption or a group of not more than five persons who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
      FENCE. A tangible barrier or obstruction of any material above the surface of the ground, surrounding a part of or the whole of a zoning lot which is intended to prevent intrusion from without and straying from within the area controlled.
      FLOODWAY. The channel of a stream or river and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood water or flood flows of any stream or river.
      FLOOR AREA. When using floor area as the basis for required off-street parking and loading space, it shall mean the sum of the gross horizontal areas of the several floors of the building; however, it shall not include areas devoted primarily to storage purposes.
      FRONTAGE. The contact of abutting property with a street which affords unobstructed access to the property.
      GARAGE, PRIVATE. A detached accessory building or a portion of the main building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.
      GARAGE, PUBLIC. Any structure used for the storage or care of motor driven vehicles, or where any vehicles are kept for remuneration.
      GARAGE, VEHICLE REPAIR. A structure used for the repair, equipment or servicing of motor vehicles, including, but not limited to, upholstery, glass replacement, painting, welding, body and fender work, major engine overhaul and transmission work, but not including motor vehicle sales.
      GREEN AREA. A complete coverage by grass or ground cover. In addition to the required grass or ground cover, it may include shrubs, trees, vines, flowers, natural features such as rock or stone and structural features such as fountains, art work, walls and fences.
      HOME OCCUPATION. An occupation or hobby carried on by an occupant of a dwelling which is clearly incidental to the use of the dwelling. A HOME OCCUPATION is further clarified and the restrictions thereon will be found in § 156.128 of this chapter.
      JUNK YARD. An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, disassembled or handled excluding similar uses taking place entirely within a completely enclosed building.
      KENNEL. Any lot or premises or portion thereof, on which four or more domestic animals over four months of age, are kept or on which more than two such animals are boarded for compensation or kept for sale.
      LABORATORY. A place devoted to experimental study, testing and analyzing.
      LIVABILITY OPEN SPACE. Open space for other than vehicular use. Common open space used for recreational purposes and required open yard areas may be included in LIVABILITY OPEN SPACE.
      LOT. Parcel, plot or tract of land may be used interchangeably with the word LOT, meaning a specific piece of land intended for occupancy under the provisions of this chapter having its principal frontage on a street or an officially designated and approved private street.
      LOT, CORNER. A lot situated at the junction of two or more streets.
      LOT, INTERIOR. A lot other than a corner lot.
      LOT OF RECORD. A lot which is a part of a recorded subdivision, or a lot described by metes and bounds, which has been recorded by deed in the office of the Recorder of the county, prior to the effective date of this chapter.
      MINI-WAREHOUSE. A structure in which individually securable and accessible spaces are rented primarily for the temporary storage of household goods by individual owners.
      MOBILE HOME PARK. Any area of land upon which two or more mobile homes are located for the purpose of being occupied either free of charge or on a rental basis, for either the mobile home as a dwelling unit, or for the pad space provided for a privately owned mobile home.
      MOBILE HOME SITE. The area of land in a mobile home park for the parking of one mobile home.
      MOBILE HOME SUBDIVISION. A residential subdivision designed exclusively for and occupied by mobile homes in which the homes and the land are owned by the same person.
      MOTEL. A building in which the dwelling units or rooming units are used primarily for temporary occupancy, and each living or sleeping unit is provided with separate entrances.
      MOTOR VEHICLE WRECKING YARD. Any place 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 used for wrecking or storing of such motor vehicles or parts thereof; and including used farm vehicles or machinery, stored in the open and not being restored to operating condition.
      NON-CONFORMING USE. The use of land, structures or structures and land in combination lawfully existing at the effective date of adoption or amendment of this chapter which does not conform to the regulations of the district in which such use is located.
      NOXIOUS MATTER. A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.
      NURSERY, DAY. A facility operated by a person licensed by state or local government to provide care and maintenance to children up to six years of age during a portion of the day.
      NURSING HOME. A building to house and within which services are provided for ill or aged persons. Also commonly known as a CONVALESCENT HOME.
      PROFESSION - PROFESSIONAL OFFICE. Limited in its application to physicians, lawyers, members of the clergy, architects and engineers or other persons holding advanced degrees from accredited institutions of higher learning. The term “semi-professional”, for the purpose of this chapter shall include those offices which require special skills or education, but do not fit in the above categories listed.
      RETAIL and RETAIL STORES. Any building in which goods, wares or merchandise are sold to the ultimate consumer for direct consumption and not for resale.
      RIGHT-OF-WAY. A street, alley or other thoroughfare permanently established for passage of persons or vehicles.
      SALES, PRIVATE, - GARAGE, YARD, RUMMAGE. A temporary sale of used clothing and/or household items conducted by immediate members of a family or families in a given area, in their private residence, garage, porch, yard and the like.
      SANITARY LANDFILL. A method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing principals of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume and to cover it with a layer of suitable cover at the conclusion of each day’s operation or at more frequent intervals as necessary.
      SCREENING. A hedge, fence or wall, or any combination thereof, used to reduce visual and audible effects of adjoining uses and to shield site and sound interference between uses.
      SETBACK. The minimum horizontal distance required between the furthermost projection of a building or structure and the street right-of-way line. When two or more lots under one ownership are used, the exterior property lines, so grouped shall be used in determining side yard setbacks.
      SHOPPING CENTER. A group of commercial establishments planned and developed, owned or managed as a unit, with off-street parking and loading provided on the premises, and related in its location, size and type of stores, to the trade area which it serves.
         (a)   COMMUNITY SHOPPING CENTER. A moderate-scale shopping center designed to provide general merchandising of a limited nature, such as junior department stores, variety stores and home furnishings in a community trade area.
         (b)   NEIGHBORHOOD SHOPPING CENTER. A small-scale shopping center designed for the sale of convenience goods and personal services in a neighborhood trade area.
      SIGN. Any name, identification, description, display or illumination, pictorial or otherwise, which is affixed to, painted, represented directly or indirectly upon a building, including window areas, or structure, which is in view of the general public and which directs attention to a person, place, commodity, activity or business.
      SIGN, FREESTANDING. A sign which is completely or principally self-supported by posts or other supports independent of any building or other structure.
      SIGN, PROJECTING. A sign other than a wall-mounted sign, which projects from and is supported by or attached to, a wall of a building or structure.
      SIGN, SURFACE AREA. The entire area within a single continuous perimeter enclosing the extreme limits of a sign. Such perimeter shall not include structural or framing elements outside the limits of such sign if not forming an integral part of the display. The SURFACE AREA of a double, or multi-faced, sign shall be the area of the largest single face.
      SPECIAL USE. A use that would not be appropriate without restrictions throughout the zoning district, but which, if controlled as to number, area location or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity or general welfare.
      SWIMMING POOL. An artificial or semi-artificial basin or tank, including all appurtenant equipment, structures and facilities, for the purpose of impounding water to a depth of more than two and one-half feet for the immersion or partial immersion therein of human beings.
      USE. The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
      USE, PRINCIPAL. A principal use is the main use of land or buildings as distinguished from a subordinate or accessory use.
      VARIANCE. A variation of the lot size or width requirements, height restrictions, sign regulations, parking and loading requirements or other development standards from those set forth in this chapter, granted by the Board of Zoning Appeals in accordance with the provisions of this chapter where strict enforcement of the terms of the ordinance would create undue hardship, owing to the unique characteristics of the property for which the VARIANCE is sought.
      VOCATIONAL SCHOOL. A privately owned school not conducted by or under the sponsorship of a charitable organization, which teaches industrial or technical arts and business trades.
      WAREHOUSE. A building where wares or goods are stored before being distributed to wholesalers or retailers.
      YARD. An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations in which the lot is located.
         (a)   FRONT. A yard extending across the full width of a lot, lying between the front property line which line is also the street right-of way line and the furthermost projection of the principal building.
         (b)   REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
         (c)   SIDE. The part of the yard lying between the nearest line of a building and a side lot line and extending from the required front yard to the required rear yard.
      ZONING CLEARANCE CERTIFICATE. A certificate issued by the Building Official prior to any change being made in the use of a building or land, to verify the proposed usage is in compliance with the zoning district classification of this chapter.
      ZONING LOT. A tract or parcel of land designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A ZONING LOT may or may not coincide with a lot of record.
      ZONING MAP. The official zoning map incorporated into this chapter as a part thereof showing the division of land into various districts within the jurisdiction of the Town.
(Ord. 9-80, passed 12-15-1980)