[Ord. No. 183, 6-18-1979]
Words used in the present tense include the future; words in
the singular number include the plural; and words in the plural number
include the singular; the word "building" includes the word "structure";
the word "shall" and the word "must" are mandatory and not directory;
the term "used for" includes the meaning "designed for" or "intended
for."
[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 USE
A 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 SIGN
Any sign which is located on the same property or lot as
the use, object, project, place, activity, service or person which
it refers.
ALLEY
A public way which affords only a secondary means of access
to abutting property.
ANIMATED SIGN
Any sign, or any portion thereof, which is set in motion
by any force.
APARTMENT
A 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 HOTEL
An 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 HOUSE
A building arranged, intended, or designed for, or occupied
by more than two (2) families.
AREA SIGN
The 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.
BASEMENT
A story below the first story as hereafter defined.
BLOCK
A 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 HOUSE
A 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 WIDTH
The width of that part of a lot not included within the open
spaces herein required.
BUILDINGS
Anything, 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 NURSERY
A 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.
CLINIC
An 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, PRIVATE
A 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 HOME
A building where regular nursing care is provided for more
than one (1) person not a member of the family which resides on the
premises.
COURT
An 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 LEVEL
The 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.
DWELLING
A 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.
2.
Roofing materials consisting of composition asphalt shingle,
fiberglass shingle, wood shake, baked tile or crushed rock.
3.
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.
4.
Siding material consisting of wood or wood products, stucco,
brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock.
5.
Proper guttering attached.
DWELLING, MULTIPLE
A 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]
DWELLING, TWO-FAMILY
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]
DWELLING, SINGLE-FAMILY
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.
2.
Installed in accordance with the manufacturer's instruction,
with axles, running gear, lights and towing apparatus removed.
3.
In compliance with all other sections of the zoning ordinance.
DENSITY OF SCREEN OR FENCE
The 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, MULTIPLE
A 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.
EXCEPTION
The 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.
FAMILY
Any 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 STATION
Any 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 SIGN
Any illuminated sign on which artificial lights revolve,
rotate or are not constant in intensity or color.
FLOOR AREA
1.
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;
b.
Basement space not used for retailing;
c.
Accessory water and cooling towers.
2.
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 SIGN
Any sign not attached to a building but having its own permanent
foundation and support.
FRONT YARD
An 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 DEPTH
The minimum horizontal distance from the front line of building
to the front street line of the lot.
GARAGE, COMMUNITY
Any 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, PRIVATE
An 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, PUBLIC
Any building or premises used for the storage, care or repair
of motor vehicles which is operated for commercial purpose.
GUEST HOUSE
Living 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 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 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 COURT
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
HOME OCCUPATION
A 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.
HOTEL
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 SIGN
Any 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.
KENNELS
Any structure or premises where more than six (6) dogs are
kept for either personal or commercial purposes.
LODGING SPACE
A 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.
LOT
A 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 DEPTH
The mean horizontal distance from the front lot line to the
rear line.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A 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 WIDTH
The mean horizontal distance between side lines measured
at right angles to the depth.
LOT, CORNER
A 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, INTERIOR
A lot whose side lines do not abut upon any street.
LOT, KEY
A lot having its side lot lines coincident on one (1) or
both sides with the rear lot line of adjacent lots.
LOT, THROUGH
An interior lot having frontage on two (2) streets.
MANUFACTURED HOME
A 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.
MOBILE HOME[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.
2.
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 HOMES
A 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 SIGN
Any 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 USES
A 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 HOME
An establishment or agency licensed by the State for the
board and care or treatment of three (3) or more unrelated individuals.
PARKING SPACE, OFF-STREET
A 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.
PLACE
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
PLANNED DEVELOPMENT
A 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 SIGN
Any 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 SIGN
Any sign attached to a building and projecting more than
fifteen (15) inches beyond the building wall.
PUBLIC UTILITY
Any firm or organization duly authorized to furnish to the
public under state or municipal regulations, electricity, gas, steam,
communications, telegraph, transportation or water.
REAR LINE
The 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 YARD
An 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 DEPTH
The minimum horizontal distance from the rear line of the
principal building to the rear lot line.
RESTAURANT
A 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 HOUSE
A 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 LINE
Any 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 YARD
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.
SIGN
Any 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 AREA
That 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, PRIVATE
An 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, PUBLIC
A stable other than a private stable as defined herein.
STABLE-RIDING
A 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.
STORY
That 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.
STREET
A public thoroughfare or place which affords principal means
of access to property abutting thereon.
STREET LINE
The dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONS
Any change in the supporting member of a building, such as
bearing walls, columns, beams or girders.
TEMPORARY SIGN
Any non-illuminated sign intended to be displayed for ninety
(90) days or less.
TRANSITIONAL USE
A 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.
VARIANCE
The 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 SIGN
Any 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.