[Ord. No. 985, 7-5-2018]
A. 
For the purpose of this Chapter, certain words and terms used herein shall be defined as set forth in this Section. If not specifically defined herein, words and terms shall be defined as in Webster's Encyclopedic Unabridged Dictionary of the English Language, (1994). Unless the context clearly indicates to the contrary:
1. 
Words used in the present tense include the future tense;
2. 
Words in the singular number include the plural and, words in the plural number include the singular;
3. 
The word "shall" or the word "must" is mandatory and not directory;
4. 
The word "herein" means the UDO;
5. 
Gender specific words, such as his or hers, shall include the opposite gender;
6. 
The word "person" includes an individual, corporation, partnership or an incorporated association of persons, such as a club;
7. 
The word "building" includes the word "structure";
8. 
A "building" includes any part thereof;
9. 
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
[Ord. No. 985, 7-5-2018]
The following words and terms as used herein are defined to mean the following:
ACCESSORY BUILDING OR USE
A subordinate building having a use customarily incident to and located on the lot occupied by the main building or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.
ADEQUATE PUBLIC FACILITIES
Stormwater, water, wastewater, street, electric and telecommunications facilities at minimum acceptable levels of service.
BOARD
Board of Aldermen of the City of Lake Tapawingo.
BUILDING
A structure which is permanently affixed to the ground, as provided by the Building Code, has a roof supported by columns or walls, and is used for housing or enclosure of people, animals or personal property. When a portion thereof is completely separated from every other portion by a dividing wall (or firewall when applicable) without openings or an enclosed breezeway, then each such portion shall be deemed to be a separate building.
BUILDING SETBACK LINE
A line specifically established which generally is parallel to and set back from a property line and which identifies an area into which no part of a building shall project.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is situated. In a residential district, the largest dwelling shall be deemed to be a principal building.
COMMISSION
The Planning and Zoning Commission of the City of Lake Tapawingo.
DWELLING
A building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, house trailers or mobile homes.
DWELLING — ONE-FAMILY
A detached building arranged, intended or designed for occupancy by one-family in one (1) dwelling unit. Also called Single-Family Residential.
FAMILY
One (1) or more persons who are related by blood or marriage, including not more than two (2) lodgers or boarders, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than four (4) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities.
HEIGHT OF BUILDINGS
The vertical distance measured from the highest of the following three (3) levels:
1. 
From the street curb level.
2. 
From the established or mean street grade in case the curb has not been constructed.
3. 
From the average finished ground level adjoining the building where it sits back from the street line.
To:
A. The level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot.
B. The mean height level of the top of the highest ridge for other roofs.
HOME OCCUPATION
An accessory use of a dwelling unit or its accessory structure for gainful employment.
LOT
A parcel of land that is defined on a subdivision plat of record, which is intended to be occupied by a principal building(s) or building(s) and open space. Streets are not included in this definition.
LOT — THROUGH
An interior lot having frontage on two (2) streets.
LOT AREA
The area of the lot shall be the next horizontal area of the lot and shall not include portions of streets, alleys and water bodies.
LOT CORNER
A lot abutting upon two (2) or more intersecting streets.
LOT COVERAGE
Measures the percentage of the lot that is covered by the building. The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.
LOT DEPTH
The horizontal distance from the front property line to the rear property line. If front and rear property lines are not parallel, the lot depth is the shortest distance between the front and rear property lines.
LOT FRONTAGE
The distance for which a lot abuts on a street.
LOT INTERIOR
A lot whose side lines do not abut on any street.
LOT LINE
A line of record bounding a lot which divides one (1) lot from another lot or from a public or private street or any other public space.
LOT WIDTH
The mean horizontal distance between side lines measured at right angles to the depth of the lot. The mean lot width need only be calculated on that portion of the lot required to meet the minimum lot area.
NONCONFORMING USE — BUILDING OR YARD
A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal, nonconforming use if established prior to the effective date of this Chapter and an illegal, nonconforming use if established after the effective date of this Chapter and not otherwise approved as provided herein.
SEWAGE, SANITARY
Those wastes which are comparable to wastes which originate in residential units and contain only human excrement and wastes from kitchen, laundry, bathing and other household facilities.
STREET
The entire width between the boundary lines of every thoroughfare or right-of-way that is used by the public for vehicular travel, including public or private streets.
STREET LINE
A property line marking the boundary between a street and a lot.
STRUCTURE
Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including, but not limited to buildings, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
VARIANCE
A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.
YARD
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. 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 least horizontal distance between the lot line and the main building shall be used.
YARD REAR
An open space, unoccupied (except as hereafter provided) between the rear lot line and rear line of the principal building and the side property lines.
YARD, FRONT
An open space unoccupied by buildings or structures (except as hereafter provided) across the full width of the lot extending from the front line of the building to the front property line of the lot or parcel.
YARD, SIDE
An open unoccupied space on the same lot with the building between the main building and the adjacent side line of the lot, and extending from the front yard to the rear yard.