"Lot" includes the word "plot"; "building" includes the word
"structure;" "occupied" includes the words "arranged or designed for"
or "intended to be occupied;" "planning commission" means the planning
commission of the city.
(Ord. of 2-22-2011(1))
"Accessory building" means the building or the part of the building, the use of which is subordinate or incidental to that of the main building on the lot. Construction of said structure may only commence upon the completion of construction of certain portions of the main building as prescribed in Sections 17.64.040, 17.65.040, and 17.66.040.
(Ord. of 2-22-2011(1))
"Accessory living quarters" means the living quarters within
an accessory building for the sole use of persons employed on the
premises, having no kitchen or cooking facilities and not rented or
used as a separate dwelling.
(Ord. of 2-22-2011(1))
"Accessory use" means a use incidental and subordinate to the
principal use of a lot or building located upon the same lot.
(Ord. of 2-22-2011(1))
"Advertising sign" means any sign used primarily for advertising
purposes.
(Ord. of 2-22-2011(1))
"Advertising structure" means any structure of any kind or character
erected or maintained for advertising purposes upon which any advertising
sign may be placed, including advertising statuary.
(Ord. of 2-22-2011(1))
"Aggrieved person" means any person who, in person or through
a representative, appeared and spoke at a public hearing of the city
in connection with the decision or action appealed, or who, by other
appropriate means prior to a hearing, informed the city in writing
of the nature of his or her concerns or who, for good cause, was unable
to do either.
(Ord. of 2-22-2011(1))
"Alley" means a public way, not exceeding twenty feet in width
for the use of pedestrians and/or vehicles which affords only a secondary
means of access to the abutting property.
(Ord. of 2-22-2011(1))
"Apartment" means a room, or suite of rooms, which is intended
or designed to be occupied by one family for living, kitchen cooking,
and sleeping purposes as a dwelling unit.
(Ord. of 2-22-2011(1))
For the definition of "apartment house," see "dwelling, multiple," Section 17.61.155.
(Ord. of 2-22-2011(1))
"Building area" means the aggregate of the maximum horizontal
cross-section area of the main building on a lot, excluding cornices,
eaves, gutters or chimneys projecting not more than four feet, steps,
one-story open porches, bay windows not extending through more than
one story and not projecting more than four feet, balconies and terraces.
(Ord. of 2-22-2011(1))
"Basement" or "cellar" means a story partly or wholly underground,
and having more than one-half of its height below the average level
of the adjoining ground. A basement, when designed for dwelling or
occupied by business or manufacturing, shall be considered a story.
(Ord. of 2-22-2011(1))
"Block" means that property abutting on one side of a street
and lying between the two nearest intersecting or intercepting streets,
or nearest intersection of intercepting streets and railroad right-of-way,
waterway or natural barrier or unsubdivided acreage.
(Ord. of 2-22-2011(1))
"Bluff line" or "bluff edge" means the upper termination of
a bluff, cliff, or seacliff. In cases where the top edge of the cliff
is rounded away from the face of the cliff as a result of erosional
processes related to the presence of the steep cliff face, the bluff
line or edge shall be defined as that point nearest the cliff beyond
which the downward gradient of the surface increases more or less
continuously until it reaches the general gradient of the cliff. In
a case where there is a steplike feature at the top of the cliff face,
the landward edge of the topmost riser shall be taken to be the cliff
edge. The termini of the bluff line, or edge along the seaward face
of the bluff, shall be defined as a point reached by bisecting the
angle formed by a line coinciding with the general trend of the bluff
line along the seaward face of the bluff, and a line coinciding with
the general trend of the bluff line along the inland facing portion
of the bluff. Five hundred feet shall be the minimum length of bluff
line or edge to be used in making these determinations.
(Ord. of 2-22-2011(1))
"Boardinghouse" means a building in which there is not more
than one dining room and meals are provided by the week or month.
(Ord. of 2-22-2011(1))
"Building" means any structure built for the occupancy, shelter
or enclosure of person, animal, chattels or personal property of any
kind.
(Ord. of 2-22-2011(1))
"Building height" means the vertical distance from the average
ground level of the site to the highest point of structure.
(Ord. of 2-22-2011(1))
"Main building" means a building in which is conducted the principal
use of the lot upon which it is situated. In any residential district
any dwelling shall be deemed to be the main building on the lot.
(Ord. of 2-22-2011(1))
"Building site" means a lot or lots under one ownership or control,
or such land area as may be required herein for building purposes.
(Ord. of 2-22-2011(1))
"Residential Care Facility" means a facility for habilitative,
congregate, foster, group home or daycare uses as a health care, community
care or recovery care use.
(Ord. of 2-22-2011(1))
"Carport" means a permanent roofed structure used or intended
to be used for automobile shelter and storage.
(Ord. of 2-22-2011(1))
"Centerline" means the right-of-way centerline of a street as
established by the city engineer, by the county surveyor, by the State
Division of Highways, or subdivision map or if such centerline has
not been established, the planning commission shall designate the
centerline.
(Ord. of 2-22-2011(1))
"Coastal development permit" means the permit for any development
within the coastal zone that is required pursuant to Section 30600(a)
of the California Coastal Act of 1976.
(Ord. of 2-22-2011(1))
"Coastal zone" means that land and water area of the state from
the Oregon border to the border of the Republic of Mexico, specified
on the maps identified and set forth in Section 17 of that chapter
of the Statutes of the 1975-76 Regular Session enacting this division,
extending seaward to the state's outer limits of jurisdiction, including
all offshore islands, and extending inland generally one thousand
yards from the mean high tide line of the sea. In significant coastal
estuarine, habitat, and recreational areas it extends inland to the
first major ridgeline paralleling the sea or five miles from the mean
high tide line of the sea, whichever is less; and in developed urban
areas the zone generally extends inland less than one thousand yards.
(Ord. of 2-22-2011(1))
"Common open space" means a parcel or parcels of land, water,
or land and water included in a planned unit development and designed
and intended for the use of all residents thereof. Common open space
may contain complimentary recreational structures and improvements
designed and intended for the benefit and enjoyment of the residents
of the planned unit development.
(Ord. of 2-22-2011(1))
"Commission" means the Planning Commission of the city of Crescent
City.
(Ord. of 2-22-2011(1))
"Coastal Commission" means the California Coastal Commission.
(Ord. of 2-22-2011(1))
"Community-use facility or center" means a multipurpose building,
group of buildings or area which is owned and operated by a public
agency or nonprofit organization, open to the public and designed
to accommodate public gatherings or meetings for the purposes of recreational,
educational or cultural endeavors. Single-purpose offices or agencies
operated by nonprofit organizations such as, but not limited to, the
Red Cross, United Crusade, Family Service Agency, Blood Bank, etc.,
shall not constitute a community-use facility or center.
(Ord. of 2-22-2011(1))
"Council" means the city council of the city of Crescent City
California.
(Ord. of 2-22-2011(1))
"Court" means an open area other than a yard, on the same lot
with a building or buildings, bounded on two or more sides by such
building or buildings.
(Ord. of 2-22-2011(1))
"Department" means the city of Crescent City department of planning.
(Ord. of 2-22-2011(1))
"Development" means, on land, in or under water, the placement
or erection of any solid material or structure, discharge or disposal
of any dredged material or of any gaseous, liquid, solid or thermal
waste; grading, removing, dredging, mining, or extraction of any materials;
change in the density or intensity of use of land, including, but
not limited to, subdivision pursuant to the Subdivision Map Act (commencing
with Section 66410 of the Government Code), and any other division
of land, including lot splits, except where the land division is brought
about in connection with the purchase of such land by a public agency
for public recreational use; change in the intensity of use of water,
or of access thereto, including limitations on time of use or increases
in use fees or parking fees, which affect the intensity of use; construction,
reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal utility;
and the removal or harvesting of major vegetation other than for agricultural
purposes, kelp harvesting and timber operations, which are in accordance
with a timber harvesting plan submitted pursuant to the provisions
of the Z'Berg-Nejedly Forest Practice Act of 1973 (commencing with
Section 4511).
(Ord. of 2-22-2011(1))
"Director" means the Director of the city of Crescent planning
department.
(Ord. of 2-22-2011(1))
"District" means a portion of the territory of the city within
which certain regulations and requirements or various combinations
thereof apply under the provisions of these regulations.
(Ord. of 2-22-2011(1))
"Dormitory" means a place where one or more rooms are provided
in a non-profit institutional setting, to be occupied for sleeping
purposes by more than two persons not members of the same family and
where independent cooking facilities are not provided.
(Ord. of 2-22-2011(1))
"Drive-ins" means any premises with off-street parking facilities
thereon, upon which premises are located restaurants, eating or food
establishments from which establishments prepared food or drink, capable
of being consumed by patrons or customers in automobiles on the premises.
(Ord. of 2-22-2011(1))
"Multiple dwelling" means a building with three or more dwelling
units designed to be occupied by three or more families, each living
independently as a separate housekeeping unit, including apartment
houses, or courts, apartment hotels and flats, but not including motels.
(Ord. of 2-22-2011(1))
"One-family dwelling" means a detached building which is a dwelling
unit designed to be occupied by one family exclusively.
(Ord. of 2-22-2011(1))
"Two-family dwelling" means a building with two dwelling units
designed to be occupied by two families exclusively, living independently
of each other.
(Ord. of 2-22-2011(1))
"Group dwelling" means a group or row of detached or semidetached
dwellings occupying a parcel of land in one ownership and having a
yard, court or place in common, including bungalow courts and apartment
courts, but not including motels.
(Ord. of 2-22-2011(1))
"Dwelling unit" means a building or portion thereof used and/or
designed for occupancy by one family for living or sleeping purposes
and having one kitchen and one separate toilet facility.
(Ord. of 2-22-2011(1))
"Emergency" means a sudden, unexpected occurrence demanding
immediate action to prevent or mitigate loss or damage to life, health,
property, or essential public services.
(Ord. of 2-22-2011(1))
"Major energy facility" means any public or private processing,
producing, generating, storing, transmitting, or recovering facility
for electricity, natural gas, petroleum, coal, or other source of
energy valued at fifty thousand dollars or more in January, 1981 (with
an automatic annual increase based upon the Engineering News Record
Construction Cost Index).
(Ord. of 2-22-2011(1))
"Environmentally sensitive habitat area" means any area in which
plant or animal life, or their habitats, are either rare or especially
valuable because of their special nature or role in an ecosystem and
which could be easily disturbed or degraded by human activities and
developments.
(Ord. of 2-22-2011(1))
"Essential service" means the erection, construction, alteration
or maintenance by public utilities or municipal departments or commissions
of underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
including buildings reasonably necessary for the furnishing of adequate
service by such public utilities or municipal departments or commissions
or for the public health or safety or general welfare.
(Ord. of 2-22-2011(1))
"Executive Director" meaning the executive director of the California
Coastal Commission.
(Ord. of 2-22-2011(1))
"Family" means a household of one or more persons occupying
a premises and living together as a single nonprofit housekeeping
unit, as distinguished from a group occupying a hotel, club, fraternity
or sorority.
(Ord. of 2-22-2011(1))
"Fill" means earth or any other substance or material, including
pilings placed for the purposes of erecting structures thereon, placed
in a submerged area.
(Ord. of 2-22-2011(1))
"Fraternity house" or "sorority house" means a dwelling maintained
exclusively for members affiliated with an academic or professional
college or university or other recognized institution of higher learning.
(Ord. of 2-22-2011(1))
"Frontage" means the property abutting on one side of a street
between two streets intersecting it (crossing or terminating) measured
along the street line.
(Ord. of 2-22-2011(1))
"Front wall" means the wall of a building or other structure
nearest to the street upon which the building faces, excluding cornices,
canopies, eaves or any other architectural embellishments extending
up to, but not in excess of, thirty inches beyond said front wall.
(Ord. of 2-22-2011(1))
"Private garage" means an accessory building or portion of the
main building designed and/or used for the shelter or storage of vehicles
by the occupants of the main building.
(Ord. of 2-22-2011(1))
"Public garage" means any building, other than a private or
storage garage, used for the storage, care or repair of motor vehicles
or where the vehicles are kept for hire or sale.
(Ord. of 2-22-2011(1))
"Storage garage" means any building other than a public or private
garage used exclusively for the storage of motor vehicles.
(Ord. of 2-22-2011(1))
"Grade" means the elevation of the finished surface of the ground
adjacent to the exterior walls of the building; except that where
the exterior walls are within five feet of a street line, the elevation
of the sidewalk at the center of such exterior wall or walls shall
be taken as the grade.
(Ord. of 2-22-2011(1))
"Guest home" or "rest home" means a building or any portion
thereof used for the housing of ambulatory or aged persons where lodging
is provided for compensation.
(Ord. of 2-22-2011(1))
"Guestroom" means a room designed and/or used by one or more
guests for sleeping purposes, but in which no provision is made for
cooking.
(Ord. of 2-22-2011(1))
"Harbor-related" means that area and use which is primarily
dependent upon immediate access to the harbor to function effectively;
however, it may also include those uses which do not have to depend
upon the coast or harbor to function.
(Ord. of 2-22-2011(1))
The purpose of home occupation is to provide Crescent City residents
with the opportunity to have a combined living and working environment,
thereby providing an affordable lifestyle and an incentive to remain
in Crescent City. It is intended to implement the applicable provisions
of the general plan and to promote compatible living and working conditions
within a safe and health environment on property zoned residential.
It is also the intent of a home occupation use to ensure that resident's
live/work projects are compatible with surrounding land uses, are
designed to avoid potential land use conflicts and negative impacts
to both live/work occupants and occupants of neighboring properties,
and to ensure that the project density will be no greater than the
density otherwise allowed in the underlying zone.
"Home occupation" shall mean an activity customarily conducted
entirely within in a residential dwelling by a person residing in
the dwelling unit, which use is clearly a secondary and incidental
use of as a residence. The use must not change the residential character
of the dwelling or area and shall meet the following conditions:
A.
The
use shall not generate vehicular traffic in excess of that normally
associated with the residential use.
B.
There
shall be no exterior indication of the home occupation except an unlighted
sign that conforms to sign restrictions applicable to the zone in
which the home occupation is located. Any outside storage of materials,
products, equipment or vehicles other than the personal transport
vehicle(s) of the resident business owner(s) is prohibited.
C.
No
noise, odor, dust fumes, vibration, smoke, electrical interference
or other interference with the residential use of adjacent properties
shall be created.
D.
No
persons other than residents in the home shall be employed in the
conduct of the home occupation.
E.
Living
and working spaces shall not be rented or sold separately.
(Ord. of 2-22-2011(1))
"Hospital, sanitarium, nursing or convalescent homes" mean a
building or any portion thereof used or designed for the housing of
sick, mentally ill, injured, convalescent or infirm persons for the
purpose of medical treatment; provided, that this definition shall
not include rooms in any one-, two-, or three-family dwelling, hotel,
apartment hotel not ordinarily intended to be occupied by said persons.
(Ord. of 2-22-2011(1))
"Hotel" means a building containing six or more guestrooms used
by six or more guests, with or without meals, where such lodging is
provided for compensation for thirty days or less, and no provision
is made for kitchen facilities in any individual room or suite, but
excluding hospitals and buildings where human beings are housed and
detained under legal restraint.
(Ord. of 2-22-2011(1))
"Residential hotel" means a building containing six or more
guestrooms used by six or more guests, with or without meals, where
such lodging is provided for compensation for the purpose of occupancy
longer than thirty days and no provision is made for kitchen facilities
in any individual room or suite.
(Ord. of 2-22-2011(1))
"Kitchen" means any room, all or any part of which is designed
or used for cooking and preparation of food. The use of a portable
microwave oven or mini-refrigerator appliance utilizing one hundred
and ten volt plugs for the purpose of incidental wet-bar or snack
bar purpose without a food storage, cook stove or preparation/clean-up
area shall not constitute a kitchen.
(Ord. of 2-22-2011(1))
"Landowner" means the legal or beneficial owner or owners of
all of the land included in or proposed to be included in any individual
parcel of land.
(Ord. of 2-22-2011(1))
"Land use plan" means the city's local coastal element of the
general plan which is detailed to indicate kinds, locations, and intensity
of land uses, and the applicable resource protection and development
policies.
(Ord. of 2-22-2011(1))
"Loading space" means an off-street space or berth on the same
lot with a building or contiguous to a group of buildings for the
temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, and which abuts upon a street, alley or
other appropriate means of access.
(Ord. of 2-22-2011(1))
"Local coastal plan" consists of the land use plan, zoning ordinances,
zoning district maps, and implementing actions, which when all taken
together meet the requirements of the Coastal Act of 1976.
(Ord. of 2-22-2011(1))
"Lodging or rooming house" means a building having no more than
five guestrooms with a maximum of two persons per room, where lodging
is provided for compensation for time periods of one month or longer.
Communal meals may or may not be provided in a single dining facility
however no guestroom shall have separate kitchen facilities.
(Ord. of 2-22-2011(1))
"Lot" means land occupied or available to be occupied by a use,
building or a unit group of buildings, accessory buildings or uses,
together with such yards, open spaces, lot width and area as required
by this title, and having its principal frontage upon a street.
(Ord. of 2-22-2011(1))
"Lot area" means the total horizontal area included within lot
lines of a lot.
(Ord. of 2-22-2011(1))
"Corner lot" means land situated at the intersection of two
or more streets, or bounded on two or more adjacent sides by street
lines.
(Ord. of 2-22-2011(1))
"Interior lot" means a lot other than a corner lot.
(Ord. of 2-22-2011(1))
"Key lot" means the first interior lot to the rear of a reversed
corner lot, the front line of which is a continuation of the side
line of the reversed corner lot, exclusive of the width of any alley,
and fronting on the street which intersects or intercepts the street
upon which the corner lot fronts.
(Ord. of 2-22-2011(1))
"Front lot line" means a line on an interior lot separating
the lot from a street or place; either side of a corner lot or reversed
corner lot which faces a street may be designated and used as the
front of the lot.
(Ord. of 2-22-2011(1))
"Rear lot line" means a line which is opposite and most distant
from the front lot line, and, in case of an irregular, triangular
or gore-shaped lot, a line within a lot ten feet in length, parallel
to and at the maximum distance from the front lot line.
(Ord. of 2-22-2011(1))
"Side lot line" means any lot lines other than the front or
rear lot lines.
(Ord. of 2-22-2011(1))
"Lot of record" means land held in separate ownership as shown
on the records of the County Recorder at the time of the passage of
this title.
(Ord. of 2-22-2011(1))
"Reversed corner lot" means a corner lot which rears upon the
side of another lot, whether or not across an alley.
(Ord. of 2-22-2011(1))
"Through lot" means a lot having frontage on two parallel or
approximately parallel streets.
(Ord. of 2-22-2011(1))
"Lot width" means the average horizontal distance between side
lot lines measured at right angles to the lot depth.
(Ord. of 2-22-2011(1))
"Marina" means a recreational use consisting of a small harbor
or boat basin providing dockage, supplies and services, including
but not limited to office space for management, sale of boats, marina
supplies and incidental refreshments and marine insurance for a small
pleasure craft. Nothing in this chapter shall be construed as to prohibit
the dry-land storage of small craft, trailers or appurtenances required
for the operation of such craft but does not include the major repair
and overhaul of such crafts.
(Ord. of 2-22-2011(1))
"Mixed use" development means development upon one property
which consists of both residential and non-residential commercial
business, retail, office, or service uses.
(Ord. of 2-22-2011(1))
"Mobile home" means a vehicle designed to be drawn by a motor
vehicle and to be used for human habitation or for carrying persons
or property, including trailer coaches, house trailers, and self-propelled
vehicles used for human habitation.
(Ord. of 2-22-2011(1))
"Motel" means a building or group of two or more detached, semi-detached
or attached buildings containing guestrooms or apartments with automobile
storage space provided in connection therewith, which building or
group is designed, intended, or used primarily for the accommodation
of automobile travelers visiting thirty days or less; including groups
designated as auto cabins, motor courts, motels and similar designation.
(Ord. of 2-22-2011(1))
"Natural production use" means any of the following uses: Agriculture,
mining production, storage or distribution of water supplies, forestry
cutting and splitting of wood, extraction of minerals, and other natural
materials.
(Ord. of 2-22-2011(1))
"Nonconforming building" means a building or portion thereof
lawfully existing at the date of passage of the ordinance establishing
the district in which such building is located, and which does not
conform to the use regulation of the district, or which does not conform
to all the height or area regulations required in said district.
(Ord. of 2-22-2011(1))
"Nonconforming lot" means a lot which does not conform to the
area and width regulations of the district in which it is located
or which does not conform to the subdivision regulations.
(Ord. of 2-22-2011(1))
"Nonconforming use" means a use which occupied a building or
land at the date of passage of the ordinance establishing the district
in which such building or land is located, and which does not conform
to the use regulation of the said district.
(Ord. of 2-22-2011(1))
"Day nursery" means a use wherein day care is afforded children
under the age of six years.
(Ord. of 2-22-2011(1))
"Public parking area" means an open area, other than a street,
used for the temporary parking of more than four automobiles and available
for public use, whether free, for compensation, or as an accommodation
for clients or customers.
(Ord. of 2-22-2011(1))
"Automobile parking space" means space within a public or private
parking area of a building for the temporary parking or storage of
one automobile.
(Ord. of 2-22-2011(1))
"Covered patio" means an area which is covered partially or
completely by a solid or open roof which is supported by upright support,
columns, pillars, posts or walls.
(Ord. of 2-22-2011(1))
"Place" means an open occupied space, other than a street, permanently
reserved as the principal means of access to abutting property including
courts of access.
(Ord. of 2-22-2011(1))
"Planned unit development" means an area of land controlled
by a landowner, which is, has been, or is proposed to be developed
as a single entity for a number of dwelling units, the plan for which
need not conform in lot size, bulk or type of dwelling, number of
structures per lot, height or yard regulations established for the
affected district or districts by any other chapters of this title.
Such development will be permitted only after a planned unit permit
is secured.
(Ord. of 2-22-2011(1))
"Major public works" means projects valued at fifty thousand
dollars or more in January, 1981 (with an automatic annual increase
in accordance with the Engineering News Record Construction Cost Index)
which include the following:
A.
All
production, storage, transmission and recovery facilities for water,
sewerage, telephone and other similar utilities owned or operated
by any public agency or by any utility subject to the jurisdiction
of the Public Utilities Commission, except for energy facilities;
B.
All
public transportation facilities, including streets, roads, highways,
public parking lots and structures, ports, harbors, airports, railroads
and mass transit facilities and stations, bridges, trolley wires,
and other related facilities;
C.
All
publicly financed recreational facilities, all projects of the State
Coastal Conservancy, and any development by a special district;
D.
All
community college facilities.
(Ord. of 2-22-2011(1))
"Elementary school," "middle school," "junior high school" or
"high school" means public or private facilities devoted primarily
to academic instruction, excluding trade schools, vocational schools
and business schools.
(Ord. of 2-22-2011(1))
"Sea" means the Pacific Ocean and all harbors, bays, channels,
estuaries, salt marshes, sloughs, and other areas subject to tidal
action through any connection with the Pacific Ocean, excluding nonestuarine
rivers, streams, tributaries, creeks, and flood control and drainage
channels.
(Ord. of 2-22-2011(1))
"Service station" means any building, structure, premises or
other place used primarily for the retail sale and dispensation of
motor fuels, lubricants and motor vehicle accessories, and the rendering
of minor services and repairs to such vehicles, but not including
painting or body and fender repairs.
(Ord. of 2-22-2011(1))
"Setback" means the minimum horizontal distance from the building
to the property line as prescribed by this title.
(Ord. of 2-22-2011(1))
"Sign" means any words, letters, figures, numerals, emblems,
designs or other marks shown on any card, cloth, paper, metal, painted
glass, wooden, plaster, stone or other sign or device of any kind
or character by which anything is made known and used to attract attention
for advertising purposes.
(Ord. of 2-22-2011(1))
"Sign area" is determined as follows:
A.
Where
the lettered or illustrative material of a sign is placed upon a sign
board or other part of a sign structure, whether framed or un-framed,
and having a continuous or essentially continuous surface or face
(whether flat, curved, spherical, cylindrical, angulated or otherwise),
the sign area is the area of the surface or face of the board or sign
structure upon which it is placed. Building walls shall not be considered
to be sign structures for the purposes of this subsection.
B.
Where the lettered or illustrative material comprising a sign is not placed in the manner described in subsection A of this section, the sign area is the area which would be encompassed within a frame extending two inches beyond the outermost boundaries of the lettered or illustrative material. This subsection shall be used for, but shall not be limited to, determining the sign area of signs painted or otherwise placed directly upon building walls.
(Ord. of 2-22-2011(1))
"Street" means a public thoroughfare dedicated as such or condemned
for use as such, other than an alley, which affords the principal
means of access to abutting property.
(Ord. of 2-22-2011(1))
"Streetline" means the boundary line between a street and abutting
property.
(Ord. of 2-22-2011(1))
"Structural alteration" means any change in the supporting members
of a structure such as the bearing walls or partitions, columns, beams
or girders.
(Ord. of 2-22-2011(1))
"Structure" means anything constructed or erected, the use of
which requires location on or under the ground or attached to something
having a permanent location on the ground, including but not limited
to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone
line and electrical power transmission and distribution line, and
excepting awnings, benches, statuary, fish ponds, or any similar objects.
(Ord. of 2-22-2011(1))
"Townhouse" or "row house" means one of a group of no less than
four attached dwelling units where each dwelling unit is located on
a separate lot.
(Ord. of 2-22-2011(1))
"Use" means the purpose for which land or a building is arranged,
designed or intended, or for which either land or building is or may
be occupied or maintained. Uses described within this title are more
specifically defined in the latest edition of the Standard Industrial
Classification Manual.
(Ord. of 2-22-2011(1))
"Yard" means an open space other than a court, on the same lot
with a building, unoccupied and unobstructed from the ground upward
except as otherwise provided in this title.
(Ord. of 2-22-2011(1))
"Front yard" means an area extending across the front of the
lot between the side lot lines, the depth of which is the minimum
horizontal distance from the front line of the lot to the nearest
line of the main building.
(Ord. of 2-22-2011(1))
"Rear yard" means an area extending across the full width of
the lot between the main building and the rear lot line; depth of
the required rear yard to be measured horizontally from the nearest
part of a main building toward the nearest point of the rear lot line.
(Ord. of 2-22-2011(1))
"Side yard" means an area between a main building and the side
lot line, extending from the front yard, or front lot line to the
rear yard; width of the required side yard to be measured horizontally
from the nearest point of the side lot line toward the nearest part
of the main building.
(Ord. of 2-22-2011(1))
"Wetlands" means lands which may be covered periodically or
permanently with shallow water and include saltwater marshes, open
or closed brackish water marshes, freshwater marshes, swamps, mudflats
and fens. Wetlands shall be defined as land where the water table
is at, near, or above the land surface long enough to promote the
formation of hydric soils or to support the growth of hydrophytes,
and shall also include those types of wetlands where vegetation is
lacking and soil is poorly developed or absent as a result of frequent
and drastic fluctuations of surface water levels, wave action, water
flow, turbidity or high concentrations of salts or other substances
in the substrate. Such wetlands can be recognized by the presence
of surface water or saturated substrate at some time during each year
and their location within, or adjacent to, vegetated wetlands or deep-water
habitats. For purposes of this definition, the upland limit of a wetland
shall be defined as co-terminus with either: (1) the boundary between
land with predominantly hydrophytic cover and land with predominantly
mesophytic or xerophytic cover; (2) the boundary between soil that
is predominantly hydric and soil that is predominantly nonhydric;
or (3) in the case of wetlands without vegetation or soils, the boundary
between land that is flooded or saturated at some time during years
of normal precipitation, and land that is not. For the purposes of
this definition, the term "wetlands" shall not include wetland habitat
created by the presence of and associated with agricultural ponds
and reservoirs where: (1) the pond or reservoir was in fact constructed
by a farmer or rancher for agricultural purposes; and (2) there is
no evidence (e.g., aerial photographs, historical survey, etc.) showing
that wetland habitat pre-dated the existence of the pond or reservoir.
Areas with drained hydric soils that are no longer capable of supporting
hydrophytes shall not be considered wetlands.
(Ord. of 2-22-2011(1))
