(a) The following words and phrases shall have the following meanings.
(1) "Accessory" means a use or building customarily incident to and located on the same lot with another use or building.
(2) "Apartment house" means a building that is arranged or designed to be occupied by three or more families living independently of each other as separate housekeeping units, or by three or more individuals living independently but having a common heating system, and not less than four rooms and bath for each family.
(3) "Attic" means that space in a dwelling immediately below the roof and above the part designed for habitation.
(4) "Basement" means that space in a dwelling immediately below the space designed for principal habitation and below, or partly below, the surface of the ground.
(5) "Building line" or "Setback line" means a line on or back of the street line between which and the street line no building or portion thereof, except as provided herein, may be erected above the established grade.
(6) "Duplex house" means a house designed for two families with the front or main entrance for each family facing on intersecting streets and occupying the lot at the intersection thereof. It shall consist of a basement of not less than 800 square feet of floor area, and not less than 1200 square feet of floor area on one floor for each family, and not less than three rooms and a bathroom for each family.
(7) "Established grade" means the elevation of the street curb as fixed by Municipal regulation.
(8) "Family" means any number of individuals living, sleeping and eating together on the premises as a single housekeeping unit.
(9) "Farm" means a single plot of land of five acres or more.
(10) "Front yard" means a yard across the full width of the lot, and extending from the building or setback line to the street line.
(11) "Height" means the vertical distance measured from the established grade, or the natural grade if higher than the established grade, to the highest point of the coping of the street wall for flat roofs, to the deck line for mansard roofs, and to the mean heights between the eaves and ridge for gable, gambrel or hip roofs.
(12) "Lot" means a parcel of land occupied by one main building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by the Zoning Ordinance and such open spaces as are arranged and designed to be used in connection with the main building.
(13) "Main building" means the building or space occupied by the chief use or activity of the premises.
(14) "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building.
(15) "Nonconforming use" means any use of land or of a building that does not comply with the regulations of the Zoning Ordinance or with the provisions of any other ordinance relating to land and/or building usage passed subsequent to May 28, 1956.
(16) "Notice" means a written announcement delivered to the person addressed or left at his usual residence, including delivery by registered mail, within a reasonable time, not less than five days, before the event or action to which it refers will take place.
(17) "Public notice" means a notice given by publication, at least once, in a newspaper of general circulation in the Municipality, not less than thirty days before the event or action to which it refers will take place.
(18) "Rear yard" means a yard across the full width of the lot immediately in the rear of the main building.
(1973 Code Sec. 151.07)
(1973 Code Sec. 151.07)
(18A) "Restaurants", "drive-in restaurants", "carry-out food service" and "food court" shall be defined as follows:
A. "Drive-in restaurant" means an eating establishment where the function is the service of food prepared for consumption on or off the premises, with drive-in or drive-through facilities and/or seating facilities, and without table service by waiters or waitresses. The existence and use of a drive-in window shall require classification as a drive-in restaurant. The lack of waiter or waitress service, the use of prepackaged individual servings of foods, the use of throw-away table services (dishes, cups, forks, knives, spoons), the percentage of table space compared with food preparation area and the manner of food disbursement shall all be considered in determining whether or not a proposed operation is a drive-in restaurant under this Planning and Zoning Code.
B. "Restaurant" means an eating establishment located within a wholly-enclosed building where food, dessert or beverage is prepared and served by a waiter or waitress at tables or counters for consumption within the establishment, any provision for take- out or carry-out service of food being incidental.
C. "Carry-out food service" means an establishment located within a wholly-enclosed building or shopping mall and not within a free standing building where delicatessen, desserts, bakery, candy and other food products are available for take-out or carry-out for consumption on or off the premises. No carry-out food service establishment shall have a drive-in window.
D. "Food court" means a group of carry-out food service establishments located within an enclosed shopping mall area limited to no more than ten percent (10%) of the ground floor area of such mall with seating for consumption of carry-out foods located within the mall area which seating shall also be limited to no more than ten percent (10%) of the ground floor area of such mall.
E. "Drive-thru" means a building or structure the main purpose of which is the sale of food, dairy products, beverages in containers or retail products where business or service is directly to an automobile and/or the occupant of an automobile while in the automobile, or where an automobile discharges passengers for quick service where there is little or no separation of pedestrians and automobile traffic.
(Ord. 1991-31. Passed 6-13-91.)
(19) "Side yard" means a yard along the side line of the lot, and extending from the front yard or lot line to the rear yard or lot line.
(20) "Single-family dwelling" means a dwelling entirely detached and independent of any other structure and arranged, intended or designed for occupancy by a single family. It shall consist of a basement of not less than 400 square feet of floor area or an approved utility room of not less than 120 square feet of floor area; shall have a total floor area, exclusive of utility room, attic, and basement, of not less than 1,250 square feet with not less than 720 square feet upon the first or ground floor; and shall have not less than four habitable rooms and bath. The ceiling of the first or ground floor shall be not less than seven feet six inches high, and not less than fifty percent (50%) of the ceiling of the second floor shall be not less than seven feet high. The roof lines shall have not less than a thirty degree pitch.
(21) "Street line" means the dividing line between the street and the lot or land adjacent.
(22) "Two-family dwelling" means a detached dwelling arranged, intended, or designed to be occupied by two families. It shall consist of a basement of not less than 800 square feet of floor area, not less than 1,200 square feet of floor area on each floor, and not less than four rooms and a bathroom for each family.
(23) "Utility room" means that space in a dwelling in the part designed for principal habitation but used for housing the heating, washing and similar household equipment.
(24) "Yard" means an existing or required space on the same lot with the main building and lying along the adjacent lot line. It shall be open and unobstructed from the ground to the sky except as otherwise provided.
(25) "Zone map" means the map of the Municipality herein adopted and made a part of the Zoning Ordinance by reference as though fully set out, and all additions, corrections, changes, or substitutions hereafter made, as contained in the schedule of map changes.
(26) "Zoning Commission" means the Planning and Zoning Commission of the Municipality, and all officers, boards or commissions succeeding by law or ordinance to any of its powers or duties.
(1973 Code Section 151.07.)