(A) For the purpose of this article, certain terms and words used herein shall be interpreted or defined as follows:
(1) Words used in the present tense shall include the future.
(2) Words used in the singular shall include the plural. Words used in the plural shall include the singular.
(3) The word “person” includes a profit or non-profit corporation, company, partnership, individual or an association of individuals.
(4) The word “lot” includes the words “plot” or “parcel.”
(5) The terms “shall” and “will” are always mandatory.
(6) The word “may” is permissive.
(7) The words “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.
(8) The word “building” includes the word “structure.”
(9) Unless otherwise specified, all distances shall be measured horizontally.
(10) The masculine shall include the feminine.
(B) For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
AREA, BUILDING. The total of the exterior areas taken on a horizontal plain at the main floor of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
AREA, LOT. The total area within the lot lines.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or to and from said real estate; location of all adjacent or adjoining streets; all of which presents a unified or organized four arrangement of streets, lots, buildings and public and service facilities and other improvements such as landscape development, and public parking areas, all of which shall have a functional relationship to the real estate comprising the planned development and to the use of properties immediately adjacent thereto.
DISABILITY. A physical or mental impairment which substantially limits one or more major life activities or a record of such impairment or being regarded as having such an impairment. This term does not include the illegal use of or addiction to a controlled substance.
DWELLING. A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, motels, lodging or boarding houses, or tourist homes as defined in this article.
DWELLING TYPE.
(1) ATTACHED. A one-family dwelling attached to two or more one-family dwellings by common vertical walls and also referred to as row houses or townhouses.
(2) MOBILE HOME. A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
(3) MULTI-FAMILY DWELLING UNITS. Any building or structure having more than two.
(4) SINGLE-FAMILY DETACHED. A dwelling unit with is designed for and occupied by not more than one family and surrounded by open space or yards.
(5) SINGLE-FAMILY SEMI-DETACHED. Two dwelling units accommodating two families which are attached side by side through the use of adjoining walls, and having one side yard adjacent to each dwelling unit.
(6) TWO-FAMILY DETACHED. Two dwelling units accommodating four families, two units of which are located directly over the other two units. A combination of both the single-family semi-detached and the two-family detached structures.
DWELLING UNIT. Any building or portion thereof which is designed and used exclusively for residential purposes of one family, and includes complete kitchen and bathroom facilities.
FAMILY. One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Notwithstanding the definition in the preceding sentence, a family shall be deemed to include four or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are disabled persons as defined in this article (See DISABILITY).
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FRONTAGE. That side of a lot abutting on a street; the front lot line.
GARAGE, PRIVATE. An enclosed building for the storage of one or more motor vehicles. No business, occupation or service shall be conducted in a private garage that is accessory to a dwelling, except as may be allowed as a home occupation.
GRADE. The degree of rise or descent of a sloping surface.
GRADE, ESTABLISHING. The elevation of the centerline of the streets as officially established by the municipal authorities.
GRADE, FINISHED. The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
GROUP RESIDENTIAL FACILITY. A facility which provides residential services and supervision for individuals who are listed as having a disability or is occupied as a residence by individuals who are disabled.
HOME OCCUPATION. An occupation or profession carried on in a residential dwelling, or accessory structure thereto, and clearly incidental and secondary to the residential use of such dwelling or structure.
(1) HOME OCCUPATION, CATEGORY I. A home occupation employing the owners plus no more than one non-resident employee, agent, or subcontractor and which is not open to the general public and which does not require a sign, parking or other exterior indicia of a home occupation.
(2) HOME OCCUPATION, CATEGORY II. A home occupation employing the owners plus no more than two non-resident employees, agents, or subcontractors, and which may be open to the general public.
INSTITUTIONAL USE. A non-profit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purpose.
LOADING SPACE. An off street space or berth used for the loading or unloading of commercial vehicles.
LOT. A designated parcel, tract or area of land established by a plat, subdivision or as otherwise permitted by law and to be used, developed or built upon as a unit.
LOT AREA. The total area within the lot lines of a lot, excluding any street rights-of-way.
LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE. The area of a site covered by buildings or roofed area excluding allowed projecting eaves, balconies, and similar features.
LOT DEPTH. The average horizontal distance between the front and rear lot lines. For lots where the front and rear lot lines are not parallel, the lot depth should be measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every ten feet and averaging the length of these lines.
LOT, FLAG. A lot not fronting on or abutting a public road and where access to the public road is a narrow, private right-of-way.
LOT, FRONTAGE. The length of the front lot line measured at the street right-of-way line.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT LINE. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way. A corner or through lot shall have two front lot lines.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT, MINIMUM AREA OF. The smallest lot area established by the zoning ordinance on which a use or structure may be located in a particular district.
LOT OF RECORD. A lot which exists as shown or described on a plat or deed which is recorded in the Office of the Clerk of the County Court of either Brooke or Hancock County.
LOT, REVERSE FRONTAGE. A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.
LOT, THROUGH. A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
LOT WIDTH. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article.
MEDICAL OFFICE. A use involving the treatment and examination of patients by state-licensed physicians or dentists; provided that no patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes.
NURSING HOME. A facility licensed by the state for the housing and intermediate or fully-skilled nursing care of three or more persons.
OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.
OFFICE BUILDING. A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, that may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand.
OWNER. The duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having vested or equitable interest in the lot in question.
PARKING AREA. Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated area of public streets.
PARKING AREA, PRIVATE. A parking area for the private use of the owners or occupants of the lot on which the parking area is located.
PARKING AREA, PUBLIC. A parking area available to the public, with or without compensation or used to accommodate clients, customers, or employees.
PARKING BAY. The parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.
PARKING LOT. An off street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
PARKING SPACE. A space for the parking of a motor vehicle within a public parking area.
PERSON. Any individual or group of individuals, corporation, partnership, association or other entity, including state and local governments and agencies.
PERSONAL CARE HOME. A facility licensed or registered by the state for the housing and intermediate care of three or fewer persons.
PERSONAL SERVICE. An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or service to businesses. Personal services include barber and beauty shops, massage therapy, photography studios, shoe repair shops, household appliance repair shops, dry cleaning and laundry, and other similar establishments.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck;
(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
SCHOOL. A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools, and high schools.
SHELTER/EMERGENCY. A facility whose general purpose is to provide temporary food, clothing, or sleeping arrangements to persons, families, or parts of families on a temporary occupancy who are homeless or displaced due to urgent events, such as fire, flood, or incidents of domestic violence. The shelter shall have appropriate supervisory personnel. The maximum occupancy for an emergency shelter is 20 persons. Such facility must meet all applicable standards of the Department of Health, State Fire Marshal, and any other federal, state, county, or city agency which has regulatory power over the said facility.
SHELTER/MISSION. A facility whose general purpose is to provide temporary food, clothing or sleeping arrangements to persons, families, or parts of families on a temporary occupancy who are homeless or displaced. Short term counseling during stay may also be provided. The shelter shall have appropriate supervisory personnel. Such facility must meet all applicable standards of the Department of Health, State Fire Marshal, and any other federal, state, county, or city agency which has regulatory power over the said facility.
SIGN. Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images excluding national or state flags, window displays, graffiti, athletic scoreboards, or the official announcements or signs of government.
STREET. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
TRAILER (TRAVEL AND RELATED CAMPING AND RECREATIONAL EQUIPMENT). Includes travel trailers, pick-up coaches, motorized homes, and recreational equipment as follows:
(1) TRAVEL TRAILER. A portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational and vacation purposes, and permanently identified as a travel trailer by the manufacturer of the trailer.
(2) MOTORIZED HOME OR RECREATION VEHICLE. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(3) BOAT. A vessel designed to travel on water.
YARD. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.
YARD DEPTH. The shortest distance between a lot line and a yard line.
YARD, FRONT. Space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward, other than by steps, walks, terraces, driveways, lamp posts, and similar appurtenances. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD LINE. A line drawn parallel to a lot line at a distance there from equal to the depth of the required yard.
YARD, REAR. A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to, the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lamp posts, and similar structures.
YARD, REQUIRED. The open space between the lot line and the buildable area within which no structure shall be located except as provided in the Zoning Ordinance.
YARD, SIDE. A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such space is unoccupied and unobstructed from the ground upward other than by architectural appurtenances projecting not more than 24 inches from the building, or open or lattice-enclosed fire escapes or fireproof outside stairways projecting not more than four feet and certain accessory uses in accordance with the provisions of this article.
(Ord. 1309, passed 1-8-01)