For the purpose of this chapter, certain terms,
phrases, words and their derivatives shall be construed as specified
in this section.
ACCESSORY BUILDING
An incidental subordinate building customarily incidental
to and located on the same lot occupied by the main use or building,
such as a detached garage.
ACCESSORY LIVING QUARTERS
An accessory building used solely as the temporary dwelling
of guests of the occupants of the premises; such dwelling having no
kitchen facilities and not rented or otherwise used as a separate
dwelling unit.
ACCESSORY USE
A use conducted on the same lot as the primary use of the
structure to which it is related; a use which is clearly incidental
to, and customarily found in connection with, such primary use.
ACREAGE, NET
The remaining area after all deductions are made; with deductions
including streets, easements for access and street dedications.
AGRICULTURE
The tiling of the soil, raising of crops, animals, horticulture,
gardening, beekeeping and aquaculture.
ALLEY
Any public way or thoroughfare more than 10 feet but less
than 20 feet in width which has been dedicated or deeded to the public
for public use.
ALTERATION
Any change, addition or modification in construction, occupancy
or use.
AMUSEMENT CENTER
An establishment offering five or more amusement devices,
including but not limited to coin-operated electronic games, shooting
gallery, table games and similar recreational diversions within an
enclosed building.
APARTMENT HOUSE
A residential building designed or used for three or more
dwelling units.
AUTOMOTIVE REPAIR, MAJOR
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar large mechanical equipment,
including paint, body and fender and major engine and engine part
overhaul, provided it is conducted within a completely enclosed building.
AUTOMOTIVE REPAIR, MINOR
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune ups and transmission work, provided it is conducted within a
completely enclosed building.
AUTOMOTIVE SELF-SERVICE STATION
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Such an establishment may offer
for sale at retail other convenience items as a clearly secondary
activity and may also include a freestanding automatic car wash.
AUTOMOTIVE SERVICE STATION
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Accessory activities may include
automotive repair and maintenance, car wash service and food sale.
AWNING
A shelter supported entirely from the exterior wall of a
building.
BASEMENT
Any floor level below the first story in a building, except
that a floor level in a building having only one floor level shall
be classified as a basement unless such floor level qualifies as a
first story as defined herein.
BED-AND-BREAKFAST FACILITY
A limited commercial activity, occurring within any zone,
conducted within a structure, which includes dining and bathroom facilities
with sleeping rooms for short-term guest lodging.
BLOCK
Land, or a group of lots, surrounded by streets or other
rights-of-way other than an alley, or land which is designated as
a block on any recorded subdivision tract.
BOARD
The board of adjustment of the adopting jurisdiction.
BOARDINGHOUSE
A dwelling containing a single dwelling unit and not more
than 10 guest rooms or suites of rooms, where lodging is provided
with or without meals, for compensation for more than one week.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING HEIGHT
The vertical distance above the average existing grade measured
to the highest point of the building. The height of a stepped or terraced
building is the maximum height of any segment of the building.
BUILDING LINE
The perimeter of that portion of a building or structure
nearest a property line, but excluding open steps, terraces, cornices
and other ornamental features projecting from the walls of the building
or structure.
BUILDING, MAIN
A building in which the principal use of the site is conducted.
BUILDING, TEMPORARY
A building used temporarily for the storage of construction
materials and equipment incidental and necessary to on-site permitted
construction of utilities, or other community facilities, or used
temporarily in conjunction with the sale of property within a subdivision
under construction.
BUSINESS OR FINANCIAL SERVICES
An establishment intended for the conduct or service or administration
by a commercial enterprise, or offices for the conduct of professional
or business service.
CANOPY
A roofed structure constructed of fabric or other material
supported by the building or by support extending to the ground directly
under the canopy placed so as to extend outward from the building
providing a protective shield for doors, windows and other openings.
CARPORT
A roofed structure open on at least two sides and used for
the storage of private or pleasure-type vehicles.
COMMERCIAL CENTER, COMMUNITY
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A community commercial center shall provide for the
sale of general merchandise, and may include a variety store, discount
store or supermarket.
COMMERCIAL CENTER, CONVENIENCE
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A convenience commercial center shall provide a small
cluster of convenience shops or services.
COMMERCIAL CENTER, NEIGHBORHOOD
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A neighborhood commercial center shall provide for the
sales of convenience goods and services, with a supermarket as the
principal tenant.
COMMERCIAL CENTER, REGIONAL
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A regional center shall provide for the sale of general
merchandise, apparel, furniture, home furnishings and other retail
sales and services, in full depth and variety. The center includes
at least one full-line department store as the principal tenant, and
often includes two or three major department stores.
COMMERCIAL, HEAVY
An establishment or business which generally uses open sales
yards, outside equipment storage, or outside activities that generate
noise or other impacts considered incompatible with less-intense uses.
Typical businesses in this definition are lumber yards, construction
specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT
An establishment or business which generally has retail or
wholesale sales, office uses or services that do not generate noise
or other impacts considered incompatible with less-intense uses. Typical
businesses in the definition are retail stores, offices, catering
services or restaurants.
COMMERCIAL PARKING GARAGE
A building, other than a private garage, used for the parking
of automobiles with or without a fee.
COMMERCIAL RETAIL SALES AND SERVICES
Establishments which engage in the sale of general retail
goods and accessory services. Businesses within this definition include
those which conduct sales and storage entirely within an enclosed
structure (with the exception of occasional outdoor "sidewalk" promotions);
businesses specializing in sale of either general merchandise or convenience
goods.
COMMERCIAL SCHOOL
A school establishment to provide for the teaching of industrial,
clerical, managerial or artistic skills. This definition applies to
schools that are owned and operated privately for profit and that
do not offer a complete educational curriculum (e.g., beauty school,
modeling school).
COMMISSION
A planning commission of the adopting jurisdiction.
COMMUNITY SIGNS
Temporary, on- or off-premises signs, generally made of a
woven material or durable synthetic materials primarily attached to
or hung from light poles or on buildings. These signs are solely of
a decorative, festive and/or informative nature announcing activities,
promotions or events with seasonal or traditional themes having broad
community interest, and which are sponsored or supported by a jurisdiction-based
nonprofit organizations.
COMPREHENSIVE PLAN
The declaration of purposes, policies and programs for the
development of the jurisdiction. Also called the General Plan.
CONDITIONAL USE
A use which would become harmonious or compatible with neighboring
uses through the application and maintenance of qualifying conditions.
CONDOMINIUM
A single dwelling unit in a multiunit dwelling or structure,
which is separately owned and which may be combined with an undivided
interest in the common areas and facilities of the property.
CONGREGATE RESIDENCE
Any building or portion thereof which contains facilities
for living, sleeping and sanitation as required by this chapter, and
may include facilities for eating and cooking, for occupancy by other
than a family. A congregate residence may be a shelter, convent, monastery,
dormitory, fraternity or sorority house but does not include jails,
hospitals, nursing homes, hotels or lodging houses.
CONVALESCENT CENTER
A facility which is publicly or privately operated and intended
for long-term patient care due to human illness or infirmity, including
the elderly and developmentally disabled, normally employing the services
of skilled and licensed practitioners, excluding hospitals.
COURT
A space, open and unobstructed to the sky, located at or
above grade level on a lot and bounded on three or more sides by walls
of a building.
DANCE HALL, DISCOTHEQUE
Is an establishment intended primarily for dancing and entertainment
within an enclosed building, using either live or electronically produced
music, either open to the public or operated as a private club open
to members only.
DAY CARE, FAMILY
The keeping for part-time care and/or instruction, whether
or not for compensation, of six or less children at any one time within
a dwelling, not including members of the family residing on the premises.
DAY CARE, GROUP
An establishment for the care and/or instruction, whether
or not for compensation, of seven or more children at any one time.
Child nurseries and preschool facilities are included in this definition.
DENSITY
The number of dwelling units which are allowed on an area
of land, which area of land may include dedicated streets contained
within the development.
DRIVEWAY
A private access road, the use of which is limited to persons
residing, employed, or otherwise using or visiting the parcel in which
it is located.
DWELLING, DUPLEX
A building designed or arranged to be occupied by two families
living independently, the structure having only two dwelling units.
DWELLING, MULTIPLE-UNIT
A building portion thereof designed for occupancy by three
or more families living independently in which they may or may not
share common entrances and/or spaces. Individual dwelling units may
be owned as condominiums, or offered for rent.
DWELLING, PLANNED GROUP
Two or more detached buildings used as dwelling units located
on a lot that is in single ownership having yards, courts or facilities
in common.
DWELLING, SINGLE-FAMILY
A detached dwelling unit with kitchen and sleeping facilities,
designed for occupancy by one family.
DWELLING UNIT
Any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking and sanitation,
as required by this chapter, for not more than one family, or a congregate
residence for six or less persons.
EASEMENT
That portion of a lot or lots reserved for present or future
use by a person or agency other than the legal fee owner(s) of the
property. The easement may be for use under, on or above said lot
or lots.
FACE OF BUILDING, PRIMARY
The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases or decorations.
FAMILY
Two or more persons related by blood, marriage or adoption,
or a group not to exceed six unrelated persons living together as
a single housekeeping unit.
FARM ANIMALS
Animals other than household pets that may, where permitted,
be kept and maintained for commercial production and sale and/or family
food production, education or recreation. Farm animals are identified
by these categories: large animals, e.g., horses and cattle; medium
animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchilla,
chickens, turkeys, pheasants, geese, ducks and pigeons.
FLOOR AREA, GROSS
The sum of the horizontal areas of floors of a building measured
from the exterior face of exterior walls or, if appropriate, from
the center line of dividing walls; this includes courts and decks
or porches when covered by a roof.
FLOOR AREA, NET
The gross floor area exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
FLOOR AREA RATIO
The numerical value obtained by dividing the gross floor
area of a building by the area of the lot on which the building is
constructed.
FRONTAGE
The width of a lot or parcel abutting a public right-of-way
measured at the front property line.
GARAGE, PRIVATE
A building or a portion of a building not more than 1,000
square feet in area, in which only private or pleasure-type motor
vehicles used by the tenants of the building or buildings on the premises
are stored or kept.
GENERAL PLAN
The declaration of purposes, policies and programs for the
development of the jurisdiction. Also called the Comprehensive Plan.
GRADE (ADJACENT GROUND ELEVATION)
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five feet
from building.
GRAFFITI
Unauthorized marking on a structure.
GROSS LEASABLE AREA (GLA)
The total floor area of a commercial building designed for
tenant occupancy and exclusive use, including basements, mezzanines
and upper floors, expressed in square feet as measured from the center
line of joint partitions and from outside wall faces.
GROUP CARE FACILITY
A facility, required to be licensed by the state, which provides
training, care, supervision, treatment and/or rehabilitation to the
aged, disabled, those convicted of crimes or those suffering the effects
of drugs or alcohol; this does not include day-care centers, family
day-care homes, foster homes, schools, hospitals, jails, or prisons.
GUEST ROOM
Any room or rooms used or intended to be used by a guest
for sleeping purposes. Every 100 square feet of superficial floor
area in a dormitory shall be considered to be a guest room.
HABITABLE SPACE (ROOM)
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas, are not considered habitable space.
HOME OCCUPATION
The partial use of a dwelling unit for commercial or nonresidential
uses by a resident thereof which is subordinate and incidental to
the use of the dwelling for residential purposes.
HOSPITALS
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services,
primarily for inpatients, and including as related facilities laboratories,
outpatient departments, training facilities and staff offices, but
not including clinics or health-care centers.
HOUSEHOLD PETS
Dogs, cats, rabbits, birds, for family use only (noncommercial)
with cages, pens, etc.
INDUSTRIAL OR RESEARCH PARK
A tract of land developed according to a master site plan
for the use of a family of industries and their related commercial
uses, and that is of sufficient size and physical improvement to protect
surrounding areas and the general community and to assure a harmonious
integration into the neighborhood.
JURISDICTION
Any political subdivision which adopts this chapter for administrative
regulations within its sphere of authority.
KENNEL
Any lot or premises on which four or more adult dogs or cats
are kept, for compensation or not.
KITCHEN
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
LANDSCAPING
The finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements such as
grass, trees, shrubs and flowers. This treatment may also include
the use of logs, rocks, fountains, water features and contouring of
the earth.
LIVESTOCK
Includes, but is not limited to, horses, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules and any other hoofed
animals.
LOT
A single parcel of land.
LOT, CORNER
A lot abutting on two intersecting or intercepting streets,
where the interior angle of the intersection or interception does
not exceed 135°.
LOT, FLAG
A lot so shaped and designed that the main building site
area is set back from the street on which it fronts and includes an
access strip connecting the main building site with the frontage street.
LOT IRREGULAR
A lot whose opposing property lines are generally not parallel,
such as a pie-shaped lot on a cul-de-sac, or where the side property
lines are not parallel to each other.
MANUFACTURED HOME
A transportable home in one or more sections, which is built
on a permanent form or base and is designed for use with or without
a permanent foundation when connected to the required utilities.
MANUFACTURING, HEAVY
All other types of manufacturing not included in the definitions
of "light manufacturing" and "medium manufacturing."
MANUFACTURING, LIGHT
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment, including research activities, conducted
entirely within an enclosed structure, with no outside storage, serviced
by a modest volume of trucks or vans and imposing a negligible impact
on the surrounding environment by noise, vibration, smoke, dust or
pollutants.
MANUFACTURING, MEDIUM
The manufacturing, compounding, processing, assembling, packaging,
or testing of goods or equipment within an enclosed structure or an
open yard, that is capable of being screened from neighboring properties,
serviced by a modest volume of trucks or other vehicles.
MOBILE HOME
A vehicle, other than a motor vehicle, greater than 320 square
feet in gross floor area designed with attached axles and wheels,
which may be used for permanent or semipermanent housing or human
occupancy, and which is designed to be drawn by a motor vehicle. The
term shall also include any vehicle meeting the above description
which is used for an office, a classroom, a laboratory, processing,
manufacturing, retail sales or other use.
MOBILE HOME PARK
A tract of land developed and operated as a unit with individual
sites and facilities to accommodate two or more mobile homes.
MOBILE HOME, SPECIAL CARE
A mobile home used as a temporary dwelling for a family member
who is in need of special, frequent and routine care by reason of
advanced age or ill health.
MODEL HOME
A dwelling temporarily used as a sales office for a residential
development under construction; said home being used for on-site sales
and not for general real estate business.
MORTUARY, FUNERAL HOME
An establishment in which the dead are prepared for burial
or cremation. The facility may include a chapel for the conduct of
funeral services and spaces for funeral services and informal gatherings
and/or display of funeral equipment.
MOTEL, HOTEL
Any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by guests.
NATURAL WATERWAYS
Those areas, varying in width along streams, creeks, springs,
gullies or washes, which are natural drainage channels as determined
and identified by the jurisdiction.
NONCONFORMING BUILDING
A building or structure or portion thereof lawfully existing
at the time this chapter became effective, which was designed, erected
or structurally altered for a use that does not conform to the zoning
regulations of the district in which it is located.
NONCONFORMING LOT
A lot whose width, area or other dimension did not conform
to the regulations when this chapter became effective.
NONCONFORMING SIGN
A sign or sign structure or portion thereof lawfully existing
at the time this chapter became effective, which does not now conform.
OPEN SPACE
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space may be
devoted to landscaping, preservation of natural features, patios,
and recreational areas and facilities.
PARK
A public or private area of land, with or without buildings,
intended for outdoor active or passive recreational uses.
PARK AND RIDE FACILITIES
Are parking lots or structures located along public transit
routes designed to encourage transfer from private automobile to mass
transit or to encourage carpooling for purposes of commuting, or for
access to recreation areas.
PARKING LOT
An open area, other than a street, used for the parking of
automobiles.
PARKING SPACE, AUTOMOBILE
A space within a building or private or public parking lot,
exclusive of driveways, ramps, columns, office and work areas, for
the parking of an automobile.
PERSON
A natural person, heirs, executors, administrators or assigns,
and also includes a firm, partnership or corporation, its or their
successors or assigns, or the agent of any of the aforesaid.
PLANNED UNIT DEVELOPMENT (PUD)
A residential or commercial development guided by a total
design plan in which one or more of the zoning or subdivision regulations,
other than use regulations, may be waived or varied to allow flexibility
and creativity in site and building design and location, in accordance
with general guidelines.
PLAT PLAN
A plat of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing buildings or buildings to be
erected, the location of the lot in relation to abutting streets,
and other such information.
PUBLIC SERVICES
Uses operated by a unit of government to serve public needs,
such as police (with or without jail), fire service, ambulance, judicial
court or government offices, but not including public utility stations
or maintenance facilities.
PUBLIC UTILITY STATION
A structure or facility used by a public or quasi-public
utility agency to store, distribute, generate electricity, gas telecommunications,
and related equipment, or to pump or chemically treat water. This
does not include storage or treatment of sewage, solid waste or hazardous
waste.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
QUASI-PUBLIC
Essentially a public use, although under private ownership
or control.
QUORUM
A majority of the authorized members of a board or commission.
RECREATIONAL VEHICLE
A vehicular unit, other than a mobile home, whose gross floor
area is less than 320 square feet, which is designed as a temporary
dwelling for travel, recreational and vacation use, and which is either
self-propelled, mounted on or pulled by another vehicle. Examples
include, but are not limited to, a travel trailer, camping trailer,
truck camper, motor home, fifth-wheel trailer or van.
RECREATION, INDOOR
An establishment providing completely enclosed recreation
activities. Accessory uses may include the preparation and serving
of food and/or the sale of equipment related to the enclosed uses.
Included in this definition shall be bowling, roller skating or ice
skating, billiards, pool, motion-picture theaters, and related amusements.
RECREATION, OUTDOOR
An area free of buildings except for rest rooms, dressing
rooms, equipment storage, maintenance buildings, open-air pavilions,
and similar structures, used primarily for recreational activities.
RECYCLING FACILITY
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, scrap metals, paper, rags,
tires, and bottles and other such materials.
REHABILITATION CENTER (HALFWAY HOUSE)
An establishment whose primary purpose is the rehabilitation
of persons. Such services include drug and alcohol rehabilitation,
assistance to emotionally and mentally disturbed persons, halfway
houses for prison parolees and juveniles.
RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY
A use or building owned or maintained by organized religious
organizations or nonprofit associations for social, civic or philanthropic
purposes, or the purpose for which persons regularly assemble for
worship.
RENOVATION
Interior or exterior remodeling of a structure, other than
ordinary repair.
RESTAURANT
An establishment which provides food for on-premises consumption.
SALVAGE YARD
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, materials such as scrap
metals, paper, rags, tires and bottles.
SETBACK
The minimum required distance between the property line and
the building line.
SIGN
An advertising message, announcement, declaration, demonstration,
display, illustration, insignia, surface or space erected or maintained
in view of the observer thereof for identification, advertisement
or promotion of the interests of any person, entity, product or service,
including the sign structure, supports, lighting system and any attachments,
ornaments or other features used to draw the attention of observers.
SITE PLAN
A plan which outlines the use and development of any tract
of land.
STORY
That portion of building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused under-floor space is more than six feet above grade as defined
herein for more than 50% of the total perimeter or is more than 12
feet above grade as defined herein at any point, such usable or unused
under-floor space shall be considered as a story.
STREET
Any thoroughfare or public way not less than 16 feet in width
which has been dedicated or deeded to the public for public use.
STREET, PRIVATE
A right-of-way or easement in private ownership, not dedicated
or maintained as a public street, which affords the principal means
of access to two or more sites.
STRUCTURE
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts jointed together in some definite manner.
SUBDIVISION
The division of a tract, lot or parcel of land into two or
more lots, plats, sites or other divisions of land.
SWIMMING POOL
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
above-ground and on-ground swimming pools, hot tubs and spas.
THEATRE
A building used primarily for the presentation of live stage
productions, performances or motion pictures.
USE
The activity occurring on a lot or parcel for which land
or a building is arranged, designed or intended, or for which land
or a building is or may be occupied, including all accessory uses.
USE, CHANGE OF
The change within the classified use of a structure or premises.
USE, NONCONFORMING
A use which lawfully occupied a building or land at the time
this chapter became effective, which has been lawfully continued and
which does not now conform with the use regulations.
USE, TEMPORARY
The use that is authorized by this chapter to be conducted
for a fixed period of time. Temporary uses are characterized by such
activities as the sale of agricultural products, contractors' offices
and equipment sheds, fireworks, carnivals, flea markets and garage
sales.
VARIANCE
The means by which an adjustment is made in the application
of the specific regulations of a zoning ordinance to a particular
piece of property, which property, because of special circumstances
applicable to it, is deprived of privileges commonly enjoyed by other
properties in the same vicinity and zone, and which adjustment remedies
disparity in privileges.
WRECKING YARD
Any place where damaged, inoperable or obsolete machinery
such as cars, trucks and trailers, or parts thereof, are stored, bought,
sold, accumulated, exchanged, disassembled or handled.
YARD
An open, unoccupied space on a lot, other than a court, which
is unobstructed from the ground upward by buildings or structures
except as otherwise provided in this chapter.
YARD, FRONT
A yard extending across the full width of the lot, depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto.
YARD REAR
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
or ordinary high water line and a line parallel thereto.
YARD, SIDE
An open, unoccupied space on the same lot with the building
and between the building line and the side lot line, or to the ordinary
high water line.
ZERO LOT LINE DEVELOPMENT
Single-family dwellings arranged on individual lots as either
detached structures with one or more side walls on a side property
line.