[CC 1992 §400.010; Ord. No. 31, 6-16-1950; Ord. No. 115, 1-19-1959; Ord. No. 178, 8-25-1965; Ord. No. 225, 6-24-1968; Ord. No. 02-788 §1, 6-10-2002; Ord. No. 05-865 §§2 — 3, 9-28-2005]
For the purpose of this Title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.
Adult entertainment means any live presentations, exhibitions, video tapes or films of performances, exhibitions or dance of any type including, but not limited to, talking, singing, reading, listening, posing, modeling, removal of clothing or any service offered for amusement on a premises where such performances, exhibitions, displays or dances intended to seek, arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment involves specified anatomical areas or specified sexual activities. "Specified anatomical areas" are described as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" are described as human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
An establishment having as a substantial or significant portion of its business the offering of entertainment or stock in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of "specified sexual activities" or "specified anatomical areas" as herein described.
A public or private thoroughfare which affords only a secondary means of access of abutting property.
A room or suite of rooms in a multiple dwelling, or where more than one (1) housekeeping unit is established above non-residential uses, intended, designed or used as residence by a single-family including culinary accommodations.
See "DWELLING, MULTIPLE".
A story having part but not more than one-half (½) its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes other than by a janitor employed on the premises.
A building other than a hotel where, for compensation, meals or lodging and meals are provided for three (3) but not more than ten (10) persons at one (1) meal time.
A method of penetrating or puncturing the skin by use of needles, studs, post or other instruments, thereby creating an opening into or through the skin in which studs, posts, ornaments or jewelry can be inserted. Said business, with the exception of ear piercing to those eighteen (18) years and older or those under eighteen (18) when accompanied with parent or guardian or parental consent, which is described as body piercing on the ear only, shall be prohibited in all zoning districts of the City of Charlack.
The premises where a business is engaged where body piercing is applied.
A method of burning the human tissue with a hot iron or other instrument so to leave a permanent mark. Said business shall be prohibited in all zoning districts of the City of Charlack.
The premises where a business is engaged where brands are applied.
Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
Includes the commercial use and districts where mentioned.
A story having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
A method of adding, replacing or augmenting cosmetic features by the placement of subcutaneous pigmentation by a licensed doctor or nurse.
The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this Title.
A section or sections of the City for which the regulations governing the use of buildings and premises or the height of buildings or the size of yards or intensity of use are uniform.
Any building or portion thereof which is designed or used exclusively for residential purposes.
A building or portion thereof designed for or occupied exclusively by more than two (2) families.
A building designed for or occupied by one (1) family, however, a single-family dwelling shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
A building designed for or occupied by two (2) families.
An individual or two (2) adults living together with persons related to them by blood, marriage or adoption or a group of not more than three (3) persons who need not be related by blood or marriage living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen.
Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts or accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.
That edge of a lot bordering a street.
An accessory building housing not to exceed four (4) motor-driven vehicles, the property of and for the use of the occupants of the building to which said garage is accessory.
Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles.
Any building or premises used for housing only of motor-driven vehicles owned by persons residing on the premises where the garage is located and not open to transients and at which automobile fuels and oils are not to be sold, and motor-driven vehicles are not equipped, repaired, hired or sold.
For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. |
For the purpose of any zoning law, ordinance or code, the classification single-family residence shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
Any occupation or activity carried on by a member of the immediate family residing on the premises in connection with which there is used no sign, other than a name plate not more than one (1) square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than of a dwelling; there is no commodity sold on the premises; no person is employed other than a member of the immediate family residing on the premises; no mechanical equipment is used except such as is permissible for purely domestic or household purposes; and no commercial vehicle used in connection with a home occupation shall be stored or parked except within a private garage. In particular, a home occupation includes the following: art studio; dress making; professional office of a physician, surgeon, dentist, lawyer, clergyman, or other professional person; teaching, with musical instruction limited to not more than two (2) pupils at a time. However, a home occupation shall not be interpreted to include barber shops, beauty parlors, tourist homes and restaurants.
A building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
A building occupied by a non-profit corporation or non-profit establishment for public use.
A space with the main building or on the same lot providing for the standing, loading or unloading of trucks having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet.
A building where lodging only is provided for compensation to three (3) or more but not more than ten (10) persons.
A parcel of land occupied or intended for occupancy by a use permitted in this Title, including one (1) main building, together with its accessory buildings, except as may otherwise be provided in this Title and having its principal frontage upon a street or upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot lines. The front lot line shall be the same as the street line.
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
A lot other than a corner lot.
A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this Title.
For purposes of determining the dimension of side yards, the width of the lot being the mean horizontal distance between side lot lines.
A building or portion thereof designed for or occupied exclusively by more than two (2) families.
An open area other than a street, alley or place used for temporary parking of more than four (4) self-propelled vehicles as an accessory use to semi-public institutions, schools, churches, hospitals and non-commercial clubs.
An open area other than a street, alley or place used for temporary parking of more than four (4) self-propelled vehicles and available for public use free as an accommodation for clients or customers.
A durably surfaced area enclosed in the main building, in an accessory building, or unenclosed sufficient in size to store one (1) standard automobile, and if the space is unenclosed, comprising an area of not less than two hundred fifty (250) square feet, including the necessary access driveways, exclusive of a durable surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.
An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
The legally recorded boundary of a lot, tract, or other parcel of land.
The distance between the front of a building and the street right-of-way line.
A stable with a capacity for not more than two (2) horses or mules.
A stable, other than a private stable, with a capacity for more than two (2) horses or mules.
A structure usually elliptical in shape constructed about a central open space or arena with tiers or seats for spectators.
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
A space under a sloping roof which has the line intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
A paved public or private right-of-way which provides access to abutting properties from the front.
A dividing line between a lot, tract or parcel of land and a contiguous street.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which required permanent location on the ground or attached to something having a permanent location on the ground, advertising signs, billboards, backstops for tennis courts and pergolas.
The premises where a business is engaged where tattoos are applied.
Any method of placing indelible mark or figure through the skin by means of insertion under the surface of the skin of a person by pricking with a needle or otherwise.
An area containing one (1) or more structures designed or intended to be used as temporary living facilities of two (2) or more families and intended primarily for automobile transients or providing space where two (2) or more tents or auto trailers can be parked.
Any structure used for living, sleeping, business or storage purposes having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which is, has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car and house car.
An open area other than a street, alley or place used for dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts. Under this definition, everything referred to here is hereby prohibited in any manner whatsoever when referred to in this Title.
An open area other than a street, alley or place used for the display and sale of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.
An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entrance way.
A yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard in all cases be at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the lot and extending from the front lot line to the rear lot line.