As used in this Chapter, the words set forth below shall have the following meanings:
(a) “Approved” means approved by the Zoning Inspector.
(b) “Basement” means a portion of a building partly or entirely underground whose ceiling or underpart of the floor above is four feet or less above the average finished grade elevation.
(c) “Board” means the Board of Zoning Appeals.
(d) “Dwelling” means a building intended or designed to be occupied by not more than two families living separately and independently of each other.
(e) “Dwelling structure” means a building or structure, or a part thereof, that is used or designed or intended to be used for residential purposes. “Dwelling structure” is synonymous with the term “residential structure.”
(f) “Dwelling unit” means a group of rooms arranged, maintained or designed to be occupied by a single family and which consists of a complete bathroom with toilet, lavatory and tub or shower facility; at least one complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities; and approved living and sleeping facilities; all of which facilities are in contiguous rooms and are used exclusively by such family and by any authorized persons occupying such dwelling unit with the family. The words dwelling unit, apartment and suite shall be considered to be synonymous.
(g) “Family” means any number of individuals regularly living, cooking and eating together on the premises as a single housekeeping unit, as distinguished from a group occupying a rooming house, motel, hotel, dormitory or fraternity or sorority house.
(h) “Graffiti” means any unauthorized inscription, word, figure or design which is marked, etched, scratched, carved, painted, drawn or applied on the exterior of a structure.
(i) “Habitable floor area” means the floor area in any room in any dwelling, dwelling structure or multiple dwelling, which floor area is required to be contained within such dwelling, dwelling structure or multiple dwelling, or any part thereof, in order to meet the minimum requirements of this Code.
(j) “Habitable room” means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, basement recreation rooms and areas used for kitchen purposes. Wherever living, sleeping or eating space is included in a room or area also used for kitchen purposes, the Zoning Inspector shall determine the portion of the floor area used for kitchen purposes and such portion, so determined, shall not constitute habitable floor area in determining the habitable floor area of a dwelling unit.
(k) “Nonresidential structure” means a building or part of a building used for purposes other than residential purposes.
(l) “Occupant” means a person living, sleeping, cooking, eating or conducting business in, or having actual possession of, a unit or room within a structure.
(m) “Occupied structure” means all structures, both residential and nonresidential, excluding secondary or appurtenant structures.
(n) “Operator” means a person who has the charge, care or control of a structure.
(o) “Owner” means the owner or owners of a premises, including the holder of title thereto subject to contract of purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises. The person who signs the application for a certificate of occupancy for any premises shall be deemed prima-facie to be the owner of such premises.
(p) “Person” means any individual, firm, partnership, association, corporation, company, organization or association of persons of any kind.
(q) “Premises” means a lot, parcel or plot of land, including the buildings or structures thereon.
(r) “Rental property” means any property, whether improved as a residential or nonresidential structure, rented or leased, in part or in whole, to an individual or business who or which is not the owner of the property.
(s) “Residential structure” means a building or part of a building used for residential purposes.
(t) “Secondary or appurtenant structure” means a structure, the use of which is incidental or accessory to that of the main building, and which is attached to the main building or located on the same premises therewith.
(u) “Supply or supplied” means paid for, furnished, provided by, or under the control of, an owner or operator.
(Ord. 2007-08. Passed 7-2-07.)