For the purposes of this chapter, the following definitions
shall be used, unless a different definition is specifically provided
for a section. Words used in the present tense include the future;
the singular number includes the plural number; and the plural number
includes the singular number. The word "shall" is mandatory and not
permissive.
Having a common property line or district line.
An uninhabited, subordinate structure exceeding 150 square
feet in area, attached or detached to the principal structure, the
use of which is incidental to and customary in conjunction with the
principal use of the principal structure, (e.g., garages, carports,
workshops, pool houses, similar buildings).
[Amended 3-1-2021 by Ord. No. 9-2021]
A subordinate use which is incidental to and customary in
conjunction with the principal structure or use and which is located
on the same lot with such principal structure or use.
[Added 3-1-2021 by Ord. No. 9-2021]
The actual land devoted to the land use, excluding public
streets, public lands or unusable lands, and school sites, contained
within 43,560 square feet.
A public way not more than 21 feet wide which affords only
a secondary means of access to abutting property.
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently installed, must always
be included for each apartment.
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. Arterial streets shall
include freeways and expressways as well as arterial streets, highways
and parkways.
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-around
living accommodations.
A tract of land bounded by streets or by a combination of
streets and public parks or other recognized lines of demarcation.
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for three or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
The portion of a lot remaining after required yards have
been provided.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials. When a building is divided
into separate parts by unpierced walls extending from the ground up,
each part shall be deemed a separate building.
A building or portion of a building in which an accessory
use of the lot is conducted.
[Added 3-1-2021 by Ord. No. 9-2021]
A building surrounded by open space on the same lot.
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat roof, to the
deckline of a mansard roof or to the average height of the highest
gable of a gambrel, hip or pitch roof.
A building in which the principal use of the lot on which
it is located is conducted, excluding attached accessory structures.
[Amended 3-1-2021 by Ord. No. 9-2021]
A line parallel to the lot line at a distance parallel to
it regulated by the yard requirements set up in this chapter.
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.
Those floodlands normally occupied by a stream of water under
average annual high-water flow conditions while confined within generally
well-established banks.[1]
Includes playhouses, tree houses or elevated play structures,
climbing gyms, and similar structures. Swing sets, slides, sandboxes,
and other generally portable play devices are not considered children's
play structures except when included as a component of children's
play structures.
[Added 3-1-2021 by Ord. No. 9-2021]
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.[2]
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.[3]
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations
or disposition of materials.[4]
A building designed or used exclusively as a residence or
sleeping place, but does not include boardinghouses or lodging houses,
motels, hotels, tents, cabins or mobile homes.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
A detached building designed for or occupied by one family.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
A group of rooms constituting all or part of a dwelling,
which are arranged, designed, used or intended for use exclusively
as living quarters for one family.
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants, but not including buildings.
The body of persons who live together in one dwelling unit
as a single housekeeping entity.
Includes floriculture, forest and game management, orchards,
raising of grain, grass, mint and seed crops, raising of fruits, nuts
and berries, sod farming and vegetable farming. General farming includes
the operating of such an area for one or more of the above uses with
the necessary accessory uses for treating or storing the produce;
provided, however, that the operation of any such accessory uses shall
be secondary to that of the normal farming activities.[5]
For the purpose of determining off-street parking and off-street
loading requirements, the sum of the gross horizontal areas of the
floors of the building, or portion thereof, devoted to a use requiring
off-street parking or loading. This area shall include elevators and
stairways, accessory storage areas located within selling or working
space occupied by counters, racks or closets and any basement floor
area devoted to retailing activities, to the production or processing
of goods, or to business or professional offices. However, floor area,
for the purposes of determining off-street parking spaces, shall not
include floor area devoted primarily to storage purposes, except as
otherwise noted herein.[6]
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
street or highway right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two front yards.[7]
A detached accessory building or portion of the principal
building designed, arranged, used or intended to be used for storage
of automobiles of the occupant of the premises.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing
or public parking of motor vehicles.[8]
Any occupation for gain or support conducted entirely within
buildings, which is customarily incidental to the principal use of
the premises.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
A building occupied by a nonprofit corporation or a nonprofit
establishment for public use.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
includes, but is not limited to, vehicles, tires, vehicle parts, equipment,
paper, rags, metal, glass, building materials, household appliances,
brush, wood and lumber.
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collecting, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials, machinery or two or more unregistered,
inoperable motor vehicles or other type of junk.
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
A building where lodging only is provided for compensation
for not more than three persons not members of the family.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area and other open space provisions
of this chapter as pertain to the district wherein located.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side. On corner lots, the
setback shall be measured from the street line on which the lot fronts.
The setback from the side street shall be equal to 75% of the setback
required for residences fronting on the side street, but the side
yard setback shall in no case restrict the buildable width to less
than 30 feet.[9]
The area of a lot occupied by the principal building or buildings
and accessory buildings, including any driveways, parking areas, loading
areas, storage areas and walkways.
The area of a lot occupied by the principal building or buildings
and accessory building.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines and is not a corner lot.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
A parcel of land held in separate ownership having frontage
on a public street or other approved means of access, occupied or
intended to be occupied by a principal building or structure, together
with accessory buildings and uses, having insufficient size to meet
the lot width, lot area, yard, off-street parking areas or other open
space provisions of this chapter as pertain to the district wherein
located.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
The horizontal distance between the side lot lines measured
at the building setback line.
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors and
walls and fences under four feet in height.
Any structure, use of land, use of land and structure in
combination, or characteristic of use (such as yard requirement or
lot size) which was existing at the time of the effective date of
this chapter or amendments thereto and which is not in conformance
with this chapter. Any such structure conforming in respect to use
but not in respect to frontage, width, height, area, yard, parking,
loading or distance requirements shall not be considered a nonconforming
use but shall be considered nonconforming with respect to those characteristics.
An establishment used as a dwelling place by the aged, infirm,
chronically ill or incurably afflicted, in which not fewer than three
persons live or are kept or provided for on the premises for compensation,
excluding clinics and hospitals and similar institutions devoted to
the diagnosis, treatment or care of the sick or injured.
A structure or premises containing five or more parking spaces
open to the public.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.[11]
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard shall be opposite the front yard
or one of the street yards on a corner lot.
The sale of goods or merchandise in small quantities to the
consumer.
The minimum horizontal distance between the front lot line
and the nearest point of the foundation of that portion of the building
to be enclosed. The overhang cornices shall not exceed 24 inches;
any overhang of the cornice in excess of 24 inches shall be compensated
by increasing the setback by an amount equal to the excess of cornice
over 24 inches. Uncovered steps shall not be included in measuring
the setback.
A yard extending from the front yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. A basement having 1/2 or more of its height above grade shall
be deemed a story for purposes of height regulation.
That portion of a building under a gable, hip or mansard
roof, the wall plates of which, on at least two opposite exterior
walls, are not more than 4 1/2 feet above the finished floor
of such story. In the case of one-family dwellings, two-family dwellings
and multifamily dwellings less than three stories in height, a half
story in a sloping roof shall not be counted as a story for the purposes
of this chapter.
Property other than an alley or private thoroughfare or travelway
which is subject to public easement or right-of-way for use as a thoroughfare
and which is 21 feet or more in width.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attached to something having
a permanent location on the ground.
Any structure not requiring a permanent location on the ground
and does not require attachment to something having a permanent location
on the ground.
[Amended 2-18-2013 by Ord. No. 2-2013]
The purpose or activity for which the land or building thereon
is designed, arranged or intended, or for which it is occupied or
maintained.[13]
The main use of land or building as distinguished from subordinate
or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
An uninhabited, subordinate structure, not exceeding 150
square feet, not attached to the principal structure or a detached
accessory structure, the use of which is incidental to and customary
in conjunction with the principal use of the property, e.g., storage
of lawn and garden equipment, gazebo, potting shed, she shed, etc.
[Added 3-1-2021 by Ord. No. 9-2021]
An unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except the vegetation. The
front and rear yards extend the full width of the lot.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A permit issued by the Zoning Administrator to certify that
lands, structures, air and waters subject to this chapter are or shall
be used in accordance with the provisions of said chapter.
[Amended 3-5-2012 by Ord. No. 3-2012]
