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Zoning
Building & Zoning Definitions
Sec. 31-2. Definitions
For the purpose of this chapter, the following words and terms as used
herein are defined to mean the following:
Words used in the present tense include the future, words
in the singular number include plural; and words in the plural number
include the singular; the word
"building" includes the word "structure"; the word "shall" or
the word
"must" is mandatory and not directory; the word "lot" includes
the word "plot"; the term
"used for " includes the meaning "designed for" or "intended
for".
Accessory building or use shall mean 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.
Agriculture Use shall mean the
use of a tract of land of not less than five (5) acres for the growing
of crops, pasturage, nursery or the raising of poultry, including the
structures necessary for carrying out farming operations and the residence
or residences of those owning or operating the premises, a member of
the family thereof, or persons employed thereon, and the family thereof,
but such use shall not include feedlots as defined by the State Statute.
Alley shall mean a public way,
which affords only a secondary means of access to abutting property.
Alteration as applied to a building or structure is a change or arrangement
in the structural parts of an existing building or structure. Enlargement,
whether by extending a side, increasing in height or the moving from
one location or position to another shall be considered as an alteration.
Animal Clinic shall mean any building
or structure where animals are diagnosed, cared for or treated for physical
ailments.
Animal Hospital shall mean any building or structure where
animals are diagnosed, cared for or treated for physical ailments while
confined within the building or structure.
Apartment shall mean a room or a suite of rooms within
an apartment house arranged, intended, designed for or used as a place
of residence of a single family or group of individuals living together
as a single housekeeping unit.
Apartment Hotel shall mean an apartment house, which
furnishes for the use of its tenants services of which are not primarily
available to the public. Apartment House shall mean a building arranged,
intended, designed for or occupied by more than two families.
Basement shall mean a story below the first story as hereafter
defined.
Block shall mean a piece or parcel of land entirely surrounded
by public highways or streets other than alleys. In cases where the platting
is incomplete or disconnected, the Zoning Administrator shall determine
the outline of the block.
Boardinghouse or Lodging House shall mean a building other
than a hotel, occupied as a single housekeeping unit where lodging or
meals are provided for six (6) or more persons for compensation pursuant
to previous arrangements, but not for the public or transients.
Campgrounds shall mean any piece, parcel, tract or plot
of ground, which provides space for transient occupancy and is used or
intended to be used for the parking of one or more
camping trailers, tents or similar recreational vehicles. Under no circumstances
shall any
one camper occupy a campground for a period exceeding15 consecutive days.
The term campgrounds does not include sales lots on which unoccupied camping
trailers, whether new or used, are parked for the purposes of storage,
inspection or sale.
Campground Trailers shall mean any vehicular portable
dwelling unit designed especially for short term occupancy such as: travel
trailers, tents, trailers, truck or auto- mounted camping units, converted
buses and trucks and all other similar units whether self-propelled, pulled
or hauled and designed primarily for highway travel without the necessity
of a special permit.
Confined Feeding shall mean the confined feeding of animals
for foods, fur or pleasure purposes
in lots, pens, pools or ponds which are not normally used for raising
crops and in which no vegetation intended for animal food is growing.
This will not include a wintering operation for cows in lots or on farming
grounds unless the operation causes a pollution problem. Food animals
shall include fish, fowl, cattle, swine and sheep. Fur animals shall include
any animal raised for its pelt. Pleasure animals shall include dogs and
horses.
Curb Level shall mean the mean level of the curb in front
of the lot, or in case of a corner lot, along the abutting street where
the mean curb level is the highest.
Day Care Facility shall mean a place for reception, care,
training or instruction of children, not of common parentage, residing
therein regardless of sex, under the age of 18 years, for
compensation or otherwise including preschool centers, nursery schools,
etc., providing that nothing herein contained shall be construed as applying
to the regularly established public or parochial schools, colleges, etc.
The term day care facility includes the following:
a. Family Day Care Home: A family home
in which care is given to six children
or less, not related to the
day care provider, for any part of the 24 hour day.
b. Group Day Care Home: A family home
in which care is given to ten children
or less, not related to the
day care provider, for any part of the 24 hour day.
c. Day Care Center: A group program
providing care for more than ten children
in a family home, or more than
four children in a facility other than a family
home, for any part of the 24
hour day.
Driveway shall mean an area established
or used for ingress and egress of vehicles from a street
or thoroughfare to any point on private property.
Dwelling shall mean a building arranged, intended, designed
for or occupied for residential purposes.
Dwelling, Multiple shall mean a building or portion thereof
designed for or occupied as the home
of three (3) or more families or households living independently of each
other, including apartment houses, row houses, tenements, and apartment
hotels.
Dwelling, Single Family shall mean a residential building
having accommodations for and occupied exclusively by one family.
Dwelling, Two Family shall mean a residential building
having accommodations for and occupied
exclusively by two families, independently. Two family dwellings shall
be considered as duplexes.
Family shall mean any number of individuals living together
as a single housekeeping unit, as distinguished from a group occupying
a boardinghouse or hotel as defined herein.
Flood Hazard Area shall mean an area within the flood
plain as determined by the most recent flood elevation study by the U.S.
Department of Housing and Urban Development.
Floor Area For Computing Off Street Parking Requirements:
shall mean the gross floor area of the building measured from the exterior
faces of the
exterior walls or from the centerline of walls separating two buildings
and shall include the
following areas:
a. The basement floor area.
b. The area of each floor of the structure.
c. The attic space having headroom
of 7' 10" or more.
Floor Area for Determining Floor Area Ratio:
As used herein shall be computed as the sum of the following areas:
a. The gross horizontal area of the several buildings
measured from the exterior faces of
exterior walls or from the centerline
of walls separating two buildings, which shall
include floor area utilized for stairwells
or elevator shafts and floor space used for
mechanical equipment (except equipment
open or enclosed, located on the roof);
b. Penthouses;
c. Basement floor area;
d. Attic space having a headroom of 7' 10" or more;
e. Interior balconies or mezzanines;
f. Enclosed porches;
g. Floor area devoted to accessory uses;
h. Interior walls.
Floor Area Ratio shall mean the maximum percentage of
allowable floor area of a building or
complex (including both principal and accessory buildings) computed by
dividing the floor area of said complex or building by the area of the
building site.
Front Yard shall mean an open space, unoccupied, 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 shall mean the minimum horizontal distance
from the front line of the building to the front street line of the lot.
Garage, Community shall mean 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 shall mean an accessory building used
for the storage only of motor vehicles.
Garage, Public shall mean any building or premises used
for the storage, care or repair of motor vehicles, which is operated for
commercial purposes.
Garage, Storage shall mean any building or premises, except
those defined as private, public or community garages providing storage
for motor vehicles, with facilities for washing but no other services.
Height of Buildings shall mean the vertical distance measured
from the highest of the following three levels:
a. From the street curb level;
b. From the established or mean street grade in case
the curb has not been constructed;
c. 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 inch to the foot, and the mean height level of the
top of the main plate and highest ridge for
other roofs.
Height of Yard or Court shall mean the vertical distance
from the lowest level of such yard or court to the highest point of
any boundary wall.
Home Occupations shall mean a business, profession or
trade conducted for gain or support entirely within a residential building
subject to the following use limitations:
a. In all residential Districts, Agricultural
and Mobile Home Subdivision Districts:
1. No commodities
shall be displayed or sold on the premises except that which is produced
on the premises.
2. No mechanical or electrical equipment
shall be used that creates a nuisance due to but
not limited to odor, noise, vibration, glare, etc.
3. No outdoor storage of materials
or equipment used in the home occupation shall be permitted.
4. No alteration
of the principal residential building shall be made which changes the
character thereof
as a residence.
5. The home occupation
shall be carried on entirely within the principal residential
structure and under no circumstances shall the home occupation be carried
on within a detached accessory building.
6. One sign shall
be permitted, shall not exceed two square feet in area, shall not
be illuminated and shall be affixed to the building.
(Amended
2/5/96 Ordinance No.6937)
7. Operators or
employees of a home occupation shall not exceed two(2) persons and shall
be residents of the home in question.
8. No manufacturing
or processing of any sort whatsoever shall be done and no stock-in-trade
shall be displayed or sold on the premises.
9. Instructions
in trades, crafts, dance, drama, music or other similar activities shall
be limited to no more than five(5) pupils at any one time.
b. Particular Home Occupations Permitted:
Customary home occupations include, but are not limited to, the
following lists of occupations; provided, however, that each listed occupation
is subject to the requirements of subsection a, of this section:
1. Dressmakers, seamstresses
and tailors.
2. Music teachers. Provided that
instruction shall be limited to not more than five
(5) pupils at one time.
3. Dance and drama
instructors, provided that instruction shall be limited to not more
than five (5) pupils
at one time.
4. Artists, sculptors
and authors or composers.
5. Offices for architects,
engineers, lawyers, realtors, insurance agents, brokers, doctors, dentists
and members of similar professions.
6. Ministers, rabbis
and priests.
7. Offices for salesmen,
sales representatives, manufacturers representatives, when no exchange
of tangible
goods is made on the premises.
8. Home crafts,
such as model making, rug weaving, lapidary work, cabinet making, etc.,
provided that no machinery or equipment shall be used other
than that which would customarily be used in connection with the above
home crafts
when pursued as a hobby or avocation.
9. Day care or babysitters
caring for six (6) or less unrelated children.
10. Barber shops
and beauty parlors.
11. Services such
as small appliances, radio and T.V. repair, provided only such sales
of parts are made
as are incident to repairs actually performed on the premises.
12. Dog and Cat Grooming.(Amended
7/6/99 Ordinance No. 7198)
c. Particular Home Occupations Not
Permitted: Permitted home occupations shall not in any
event include the following:
1. Funeral homes.
2. Nursery schools,
unless specifically permitted by the district regulations.
3. Restaurants.
4. Small grocery
stores.
5. Stables or kennels.
6. Tourist homes,
unless specifically permitted by the district regulations.
7. Renting of trailers
or equipment.
8. Animal kennels
or hospitals.
9. Auto and other
vehicle repair.
Hotel shall mean 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.
Institution shall mean a building occupied by a non-profit
corporation or a non-profit establishment for public use.
Kennel shall mean any place, area, building, or structure
where dogs over the age of ten (10) weeks and more than three (3) in
number are boarded, bred, housed, cared for, fed, raised, or trained.
Kennel-Boarding shall mean any place, area, building,
or structure where dogs (including those under one (1) year of age) are
boarded, housed, cared for, fed, or trained by other than the owner.
Lot shall mean 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 Corner shall mean a lot abutting upon two (2) or
more streets at their intersection. A corner lot shall be deemed to
front on that street on which it has its least dimension, unless otherwise
specified by the Building Official.
Lot, Depth shall mean the horizontal distance from the
front street line to the rear lot line.
Lot Interior shall mean a lot whose side lines do not
abut upon any street.
Lot, Lines shall mean lines bounding a lot as defined
herein.
Lot, Through shall mean an interior lot having frontage
on two (2) streets.
Lot, Width shall mean the horizontal distance between
side lines measured at right angles to the depth.
Medical, Dental, or Health Clinic shall mean any building
designed for use by one or more persons lawfully engaged in the diagnosis,
care, and treatment of physical or mental diseases or ailments of human
beings; including but not limited to doctors of medicine, dentists, chiropractors,
osteopaths, optometrists, podiatrists and in which no patients are lodged
overnight, but which may include an apothecary.
Mobile Home shall mean a factory built residential structure
or structures more than eight (8) feet in width, equipped with necessary
service connections and made so as to be moveable as a unit or units,
and shall include factory built, modular, and mobile homes. Units not
meeting all of the single family dwelling requirements of the 1978 BOCA
Basic Code shall comply with mobile dwelling requirements in section 425.0
of the 1978 BOCA Basic Code.
Mobile Home Park shall mean any area, piece, parcel, tract,
or plot of ground equipment as required for support of mobile homes and
used or intended to be used by one or more occupied mobile homes, but
under no circumstances shall the mobile home spaces be sold or offered
for sale individually, The term mobile home park does not include sales
lots on which unoccupied mobile homes, whether new or used, are parked
for the purpose of storage, inspection, or sales.
Mobile Home Space shall mean a plot of ground within a
mobile home park which can accommodate one mobile home and which provides
the necessary utility services for
water, sewerage, and electricity.
Mobile Home Subdivision shall mean any area, piece, parcel,
tract, or plot of ground used or intended to be used for the purpose of
selling lots for occupancy by mobile homes.
Non-Conforming Use, Building or Yard shall mean one that
does not, by reason of design or use, conform to the regulations of the
district in which it is situated.
Non-Conforming Use, Abandoned or Discontinued shall mean
business shall be transacted during at least three months of the previous
calendar year or the establishment shall be considered abandoned or discontinued.
A residence shall be occupied during at least three months of the previous
year or the non-conforming use shall be discontinued. Property or business
for sale or experiencing other extenuating circumstances must apply to
the Planning Commission if an extension is desired.
Nursing Home or Convalescent Home shall mean an institution,
business or agency licensed by the State for the reception, board, care
or treatment of three or more unrelated individuals, but not including
facilities for the care and treatment of mental illness, alcoholism or
narcotics addiction.
Parking Space shall mean an area surface for all-weather
use, including gravel, sand, or comparable material for the purpose of
storing one parked automobile. For the purpose of this regulation, one
parking space shall have a minimum width of 9 feet and a minimum length
of 20 feet. In computing off-street parking, additional space shall be
required for access drives to each parking space.
Place shall mean an open, unoccupied space other than
a street or alley permanently established or dedicated as the principal
means of access to property abutting thereon.
Private Club shall mean a non-profit association of persons
who are bona fide members paying annual dues, which owns, hires, or leases
a building or premises, or portion thereof, the use of such building or
premises being restricted to members and their guests. The affairs and
management of such private club are conducted by a board of directors,
executive committee, or similar body chosen by the members at their annual
meeting. It shall be permissible to serve food and meals on such premises
providing adequate dining room space and kitchen facilities are available.
The sale of alcoholic beverages to members and their guests shall be allowed,
provided it is secondary and incidental to the promotion of some other
common objective by the organization and further provided that such sale
of alcoholic beverages is in compliance with the applicable Federal, State
and Municipal Laws.
Public Utility shall mean any business which furnishes
the general public (a) telephone service, (b) telegraph service, (c) electricity,
(d) natural gas, (e) water and sewer, (f)
any other business so affecting the public interests as to be subject
to the supervision or
regulation by an agency of the State.
Rear Yard shall mean the area between the rear lot line
and the rear line of the principal building and the side lot lines.
Rear Line shall mean the boundary line, which is opposite
and most distant from the front street line; except that in the case of
uncertainty the Building Official shall determine the rear line.
Rear Yard Depth shall mean the minimum horizontal distance
from the rear line of the principal building to the rear lot line.
Restaurant shall mean a public eating establishment at
which the primary function is the preparation and serving of food.
Restaurant Drive-In shall mean an establishment where
for, compensation, food is prepared and dispensed and normally consumed
on the premises but not necessarily within the confines of the building.
Senior Citizen Apartment shall mean an apartment arranged,
intended, and designed for use as a residence by individuals whose age
is 60 years or more. (Amended 10/19/87 Ordinance No. 6288)
Service Station shall consist of a building or group of
buildings and surfaced area where automobile vehicles may be refueled
and serviced, self-service pumps without buildings
shall also be included. Such service shall not include tire recapping,
body repairs, or major overhauls.
Side Line shall mean any lot boundary line not a front
or rear line thereof. A side line may be a part lot line, a line bordering
on an alley or place or a side street line.
Side Yard shall mean the area between the main building
and the adjacent side line of the lot, and extending through from the
front yard to the rear yard.
Sign shall mean any device, which shall display or include
any letter, word. model, banner, flag, pennant, insignia, device or representation
or announcement which directs attention to an object, product, place,
activity, person, institution, organization or business, but shall not
include any display of official notice or official flag.
Site Triangle shall mean an area at a street intersection
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to materially impede vision between the height of
2 1/2 feet and 8 feet above the grades of the bottom of the curb of the
intersecting streets, measured from the point of intersection of the centerline
of the streets, 65 feet in each direction along the centerline of the
streets. At the intersection of major or arterial streets, the 65 foot
distance shall be increased to 95 feet.
Special Use Permit shall be a written permit issued by
the Zoning Administrator with the written authorization of the Planning
and Zoning Commission. This special use permit provides permission under
special conditions to make certain special uses of land in certain zoning
districts as stipulated in each of the district zoning regulations.
Stable, Private shall mean a stable 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 twenty-five thousand (25,000)
square feet for each horse accommodated.
Stable, Public shall mean a stable other than a private
stable as defined herein.
Story shall mean that part of a building included between
the surface of one 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 shall mean a public thoroughfare, which affords
principal means of access to property abutting thereon.
Street Line shall mean the dividing line between the street
right of way and the abutting property.
Street Network
a. Expressway: A street, which
provides fast and efficient movement of large volumes of traffic between
areas and does not provide a land service function.
b. Arterial: A street, which
provides for through traffic movement between and around areas with
direct access to abutting property, subject to necessary control of entrances,
exits and curb uses.
c. Collector: A street, which
provides traffic movement between arterials and local streets, with
direct access to abutting property.
d. Local: A street, which provides
access to abutting land and local traffic movement whether in business,
industrial or residential areas.
Structural Alteration shall mean
any change in the supporting member of a building, such as bearing walls,
columns, beams or girders.
Tavern shall mean an establishment in which the primary function
is the public sale and serving of alcoholic and cereal malt beverages
for consumption on the premises, including
establishments, commonly known as key clubs, which are open, and in which
alcoholic and cereal malt beverages are served only to members and their
guests.
Tourist Cabin or Trailers Camp shall mean a tract or parcel of
land upon which two (2) or more tourist cabins are located, or where temporary
accommodations are provided for two (2) or more automobile trailers, tents,
or house cars open to the public either free or for a fee.
Tourist Home shall mean a dwelling in which overnight accommodations
are provided or offered for six (6) or less transient guests.
Travel Trailer shall mean (1) a vehicular, portable structure
built on a chassis and designed for temporary occupancy for travel, recreational
or vacation use; and provided its overall length does not exceed 29 feet;
(2) a structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation and vacation use.
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