[Ord. No. 183, 6-18-1979]
For the purpose of this Chapter, the following words and terms used herein are defined to mean the following:
ACCESSORY BUILDING OR USEA subordinate building, a portion of the main building, or a use customarily incident to and located on the lot occupied by the main building or use of the property.
ACCESSORY SIGNAny sign which is located on the same property or lot as the use, object, project, place, activity, service or person which it refers.
ALLEYA public way which affords only a secondary means of access to abutting property.
ANIMATED SIGNAny sign, or any portion thereof, which is set in motion by any force.
APARTMENTA room or suite of rooms within an apartment house arranged, intended or designed for, or used as the place of residence of a single family or group of individuals living together as a single housekeeping unit.
APARTMENT HOTELAn apartment house, which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
APARTMENT HOUSEA building arranged, intended, or designed for, or occupied by more than two (2) families.
AREA SIGNThe entire area within a single continuous perimeter enclosing the extreme limits of that portion serving a sign function. The supports, uprights, or bracing shall not be included as sign area unless it clearly serves a sign function.
BASEMENTA story below the first story as hereafter defined.
BLOCKA piece or parcel of land entirely surrounded by public highways or streets. In cases where the platting is incomplete or disconnected, the Zoning Administrator shall determine the outline of a block.
BOARDINGHOUSE or LODGING HOUSEA building other than a hotel where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
BUILDABLE WIDTHThe width of that part of a lot not included within the open spaces herein required.
BUILDINGSAnything, other than a fence or boundary wall, constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, advertising signs or billboards.
CHILD NURSERYA building where five (5) or more children under six (6) years old, other than members of the family occupying such building, are served and taken care of for compensation.
CLINICAn office building or group of offices for one (1) or more physicians, surgeons or dentists, engaged in treating the sick or injured, but not including rooms for the overnight care of patients.
CLUB, PRIVATEA building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons, or otherwise listed persons.
CONVALESCENT HOMEA building where regular nursing care is provided for more than one (1) person not a member of the family which resides on the premises.
COURTAn open space, bounded on three (3) or more sides by exterior buildings, walls, or by exterior walls of a building and lot lines upon which walls or fences are allowable.
CURB LEVELThe mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest.
DWELLINGA building used entirely for residential purposes and must have:
[Ord. No. 183, 6-18-1979; Ord. No. 403, 11-10-1997; Ord. No. 581, 4-15-2018]
1. A roof pitch of no less than four (4) inches of vertical rise to each twelve (12) inches of horizontal run.
Roofing materials consisting of composition asphalt shingle, fiberglass shingle, wood shake, baked tile or crushed rock.
A roof overhang of not less than one (1) foot measured from the vertical side of the home. When attached carports, garages, porches, or similar structures are an integral part of the home, this overhang may be waived where the accessory structure is attached to the home.
Siding material consisting of wood or wood products, stucco, brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock.
Proper guttering attached.
DWELLING, MULTIPLEA building that contains more than two (2) living units.
[Ord. No. 183, 6-18-1979; Ord. No. 403, 11-10-1997; Ord. No. 581, 4-15-2018]
A building that contains only two (2) living units.
[Ord. No. 183, 6-18-1979; Ord. No. 403, 11-10-1997; Ord. No. 581, 4-15-2018]
A building that contains only one (1) living unit. The classification "single-family dwelling" shall include any home in which eight (8) or fewer unrelated mentally or physically disabled persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically disabled persons residing in the home. In the case of any such residential home for mentally or physically disabled persons, the City may require that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. The City may also establish reasonable standards regarding the density of such individual homes in any specific single-family dwelling neighborhood. All single-family dwellings must have an exterior dimension, excluding garages, carports, and accessory buildings of not less than twenty (20) feet by twenty (20) feet. "Single-family dwelling" includes a manufactured or modular unit which, when placed on site, is:
[Ord. No. 183, 6-18-1979; Ord. No. 403, 11-10-1997; Ord. No. 581, 4-15-2018]
1. Permanently installed on a properly engineered, enclosed foundation system in accordance with regulations and approved by the Zoning Administrator. The Zoning Administrator may require a plan to be certified by a registered architect or engineer.
Installed in accordance with the manufacturer's instruction, with axles, running gear, lights and towing apparatus removed.
In compliance with all other sections of the zoning ordinance.
DENSITY OF SCREEN OR FENCEThe percent of vision obstruction caused by the arrangement or dispersion of the physical properties of a fence wall or planted living screen as viewed from a point perpendicular to the vertical surface.
DWELLING, MULTIPLEA building or portion thereof designed for or occupied as a home of three (3) or more families or households living independently of each other, including apartment houses, row houses, tenements and apartment hotels.
EXCEPTIONThe legal allowance of a use not normally permitted within a given district. Such allowance, however, must be entirely within the authority or limits established by these zoning regulations.
FAMILYAny number of individuals living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house or hotel as defined herein.
FILLING STATIONAny building or land used for the sale at retail of automobile fuels, oils and accessories, including lubrication of automobile and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.
FLASHING SIGNAny illuminated sign on which artificial lights revolve, rotate or are not constant in intensity or color.
FLOOR AREA1. Commercial business and industrial building or buildings containing mixed uses, the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls, but not including:
a. Attic space providing headroom of less than seven (7) feet;
Basement space not used for retailing;
Accessory water and cooling towers.
Residential Buildings. The gross horizontal areas of the several floors of a dwelling exclusive of garages, basements and open porches measured from the external faces of the exterior walls.
FREESTANDING SIGNAny sign not attached to a building but having its own permanent foundation and support.
FRONT YARDAn open space unoccupied by buildings or structures (except as hereinafter provided) across the full width of the lot extending from the front line of the building to the front street line of the lot.
FRONT YARD DEPTHThe minimum horizontal distance from the front line of building to the front street line of the lot.
GARAGE, COMMUNITYAny building or premises, other than a public, private, or storage garage providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of block.
GARAGE, PRIVATEAn accessory building or portion of building for storage only of automobiles owned and used by the occupants of the building to which it is accessory.
GARAGE, PUBLICAny building or premises used for the storage, care or repair of motor vehicles which is operated for commercial purpose.
GUEST HOUSELiving quarters within a detached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.
HEIGHT OF BUILDINGSThe vertical distance measured from the highest of the following three (3) levels:
1. From the street curb level.
From the established or mean street grade in case the curb has not been constructed.
From the average finished ground level adjoining the building where it sets back from the street line; to 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, and to the mean height level between the eaves and the highest ridge for other roofs.
HEIGHT OF YARD OR COURTThe vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
HOME OCCUPATIONA use of no more than twenty-five percent (25%) of the floor area of any one (1) floor of a dwelling unit by no more than two (2) members of the family residing therein for the provision of personal services not involving stocking, storing, transfer or exchange of any goods or merchandise other than that required to perform the subject service. Such services shall be the same or similar to the following: bookkeeping, accounting, architecture, engineering, legal counsel, medical, financial counseling, artist, photography, instruction in the arts, crafts, tutoring, child or adult care of three (3) or fewer persons, secretarial services (including telephone answering), beauty or barber shop, drafting and millinery. No evidence of such home occupation shall extend beyond the confines of the dwelling unit other than an identification sign as permitted by these zoning regulations. The size of such sign shall be limited by Article
XI of this Chapter, but under no conditions shall such sign exceed two (2) square feet.
A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms and no provision for cooking in individual rooms.
ILLUMINATED SIGNAny sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or illuminated tubes as part of the sign proper, or illuminated or independently located spot or flood lights.
KENNELSAny structure or premises where more than six (6) dogs are kept for either personal or commercial purposes.
LODGING SPACEA space within the main building or on the same lot, providing for the loading or unloading of trucks, with a minimum of fourteen (14) feet by fifty (50) feet and a vertical clearance of eighteen (18) feet.
LOTA parcel of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this Chapter and having its principal frontage upon a public street or place.
LOT DEPTHThe mean horizontal distance from the front lot line to the rear line.
LOT LINESThe lines bounding a lot as defined herein.
LOT OF RECORDA lot which is a part of a subdivision, the map of which has been recorded in the office of the Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds.
LOT WIDTHThe mean horizontal distance between side lines measured at right angles to the depth.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersections. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Zoning Ordinance.
LOT, KEYA lot having its side lot lines coincident on one (1) or both sides with the rear lot line of adjacent lots.
LOT, THROUGHAn interior lot having frontage on two (2) streets.
MANUFACTURED HOMEA structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title
42 of the United States Code.
[Ord. No. 183, 6-18-1979; Ord. No. 403, 11-10-1997; Ord. No. 581, 4-15-2018]
1. A one-family dwelling unit and built on a chassis or trailer and designed to be transported and to be used with or without a permanent foundation.
All inhabited mobile homes shall be located in an approved planned mobile home park which conforms with the requirements of this Chapter. No mobile home or trailer located outside an approved mobile home park shall be connected to utilities, except those offered for sale and not inhabited.
MODULAR HOMESA transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
NON-ACCESSORY SIGNAny sign which is not located on the same plot as the use, object, project, place, activity, service or person to which it refers.
NON-CONFORMING USESA building or yard that does not, by reason of design or use, conform to the regulations of the district in which it is situated.
NURSING HOMEAn establishment or agency licensed by the State for the board and care or treatment of three (3) or more unrelated individuals.
PARKING SPACE, OFF-STREETA permanently surfaced, dust-free area enclosed or unenclosed, to store one (1) automobile, having the minimum dimensions of eight and one-half (8 1/2) feet by twenty (20) feet, to which an automobile has direct access from a permanently surfaced dust-free drive.
PLACEAn open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.
PLANNED DEVELOPMENTA tract of land under single ownership or control which is to be developed in accordance with a plan adopted by ordinance and the boundaries of which are established to the Zoning District Map.
PORTABLE SIGNAny sign not attached to a building or having a permanent foundation or support and so designed so that it may be moved from one location to another.
PROJECTING SIGNAny sign attached to a building and projecting more than fifteen (15) inches beyond the building wall.
PUBLIC UTILITYAny firm or organization duly authorized to furnish to the public under state or municipal regulations, electricity, gas, steam, communications, telegraph, transportation or water.
REAR LINEThe boundary line which is opposite and most distant from the front street line; except that in a case of uncertainty the Board of Aldermen shall determine the rear line.
REAR YARDAn open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line of the principal building and the side lot lines.
REAR YARD DEPTHThe minimum horizontal distance from the rear line of the principal building to the rear lot line.
RESTAURANTA building wherein food is prepared and served to the public in ready-to-eat form. The term shall include café, cafeteria, grills, pizza parlor, diner, snack shop, hamburger shop and steak house.
ROOMING HOUSEA building other than a hotel where lodging is provided for three (3) or more persons for compensation pursuant to previous arrangements but not open to the public or transients.
SIDE LINEAny lot boundary line not a front or rear line thereof. A side line may be a partly lot line, a line bordering on an alley or place or a side street line.
SIDE YARDAn 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.
SIGNAny device which displays or includes any letter, words, motif, insignia, symbol or design used as or is in the nature of an advertisement or announcement or is intended to direct public attention to an object, product, place, activity, organization or business, but not including any display of official notice or official flag.
SIGN AREAThat area within a line, including the outer extremities of all letters, figures, characters and delineations or within a line, including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area.
STABLE, PRIVATEAn accessory building with capacity for not more than two (2) horses; provided, however, that the capacity of a private stable may be increased if the premises whereon such stable is located contains an area of not less than three thousand (3,000) square feet for each horse accommodated.
STABLE-RIDINGA structure and premises in which horses, ponies or mules used exclusively for pleasure riding or driving are housed or kept for remuneration hire or sale.
STORYThat part of a building included between the surface of one (1) floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or mean street grade, or average ground level.
STREETA public thoroughfare or place which affords principal means of access to property abutting thereon.
STREET LINEThe dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONSAny change in the supporting member of a building, such as bearing walls, columns, beams or girders.
TEMPORARY SIGNAny non-illuminated sign intended to be displayed for ninety (90) days or less.
TRANSITIONAL USEA use intended to permit a more gradual change of the character of uses at the boundaries of districts which have different use regulations and which may be permitted by the Zoning Board of Appeals.
VARIANCEThe granting of permission by the Zoning Board of Appeals to allow the development of uses normally permitted within a given zoning district without strict adherence to specific controls such as dimensional limitations in side yards, height, lot coverage, etc. A legal variance must maintain the basic purpose and intent of the zoning regulations while permitting logical development of land which otherwise appears unduly restricted.
WALL SIGNAny sign attached directly to or part of the building wall and supported throughout its length by said wall and projecting not more than fifteen (15) inches beyond the building wall.