- IN GENERAL
(a)
General. The terms "used" or "occupied" includes the term "intended," "designed," or "arranged" to be used or occupied.
(b)
Specific. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory use or accessory building means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of a structure.
Buildable area means the portion of a lot remaining after required yards and open space needs have been met.
Building means a roofed structure.
Dwelling, multiple-family, means a dwelling designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
Dwelling, nonconventional, means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections of utilities, and the like. A mobile home, as described above, is intended to be powered by another vehicle. A travel trailer is not to be considered as a mobile home.
Dwelling, single-family, means a residential dwelling unit designed for and occupied by one family only.
Dwelling, two-family, means a dwelling containing two dwelling units, designed for occupancy by not more than two families.
Dwelling unit means:
(1)
One room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities; or
(2)
A structure or a portion of any structure designed, arranged and used for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boardinghouses or the like.
Family means one or more persons occupying a single dwelling unit.
Floodway means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regulatory flood.
Floodway fringe orfloodplain means that area outside the floodway encroachment lines but which is still subject to inundation by the regulatory flood.
Home occupation means a business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building. Specific regulations regarding use and permitting procedures regarding home occupations are dealt with in greater detail in subsequent sections of this Code.
Housing, nonconventional, means mobile homes, modular homes; any type of housing that is visually different from the housing typical within the community.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1)
A single lot of record;
(2)
A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;
(3)
A parcel of land described by metes and bounds, provided that in no case shall any residential lot be created which does not meet the requirements of this chapter.
Lot front means the portion nearest the street. Yard requirements shall be as indicated under the term "yards" in this section. In the case of double-frontage lots, front yard dimensions shall be applied to both frontages. The front of a lot in a mobile home park shall be construed to be that portion nearest the trailer-towing mechanism on the mobile home.
Off-street loading space means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Off-street parking space. The term "off-street parking space" shall be a parking space which is at least nine feet wide and 19 feet deep with at least 23 feet of depth in tandem for access, together with properly-related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.
Recreational equipment includes boats, boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, and tent trailers.
Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division of the district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this chapter.
Street line means the right-of-way line of a street.
Structure means anything constructed and attached to the ground having a fixed location.
Travel trailer means a vehicular or portable structure built on a chassis, designed to be used as temporary dwelling for recreational travel purposes, having a body width not exceeding eight feet.
Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of a structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure.
Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a public street; however, a front yard, for the purposes of a mobile home park pursuant to Zone R-T, shall be construed as that portion of the lot closest to the trailer-towing mechanism on the mobile home.
Yard, rear, means a yard extending from the rear of the lot between inner side yard lines; however, for the purposes of a mobile home park pursuant to Zone R-T, the rear yard shall be construed as the opposite end of the trailer from the trailer-towing mechanism.
Yard, side, means a yard extending from the rear line of the required front yard to the rear lot line, or an absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with a public street; however, the side yard shall be construed, for the purposes of mobile home park pursuant to Zone R-T, as those yards closest to the sides of the trailer where access is obtained.
Yard size. A required yard shall be measured in such a manner that the yard established is a strip of the size required by district regulations, with its inner edge parallel to the inner length of the lot line.
(Ord. No. 79-8, § 11, 8-1-1979; Ord. No. 80-5, § 1, 11-5-1980; Ord. No. 91-1, 2-6-1991; Ord. No. 92-2, 7-1-1992; Ord. No. 95-5, 8-2-1995; Ord. No. 2005-7, 10-5-2005; Ord. No. 2009-4, 3-4-2009)
- IN GENERAL
(a)
General. The terms "used" or "occupied" includes the term "intended," "designed," or "arranged" to be used or occupied.
(b)
Specific. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory use or accessory building means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of a structure.
Buildable area means the portion of a lot remaining after required yards and open space needs have been met.
Building means a roofed structure.
Dwelling, multiple-family, means a dwelling designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
Dwelling, nonconventional, means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections of utilities, and the like. A mobile home, as described above, is intended to be powered by another vehicle. A travel trailer is not to be considered as a mobile home.
Dwelling, single-family, means a residential dwelling unit designed for and occupied by one family only.
Dwelling, two-family, means a dwelling containing two dwelling units, designed for occupancy by not more than two families.
Dwelling unit means:
(1)
One room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities; or
(2)
A structure or a portion of any structure designed, arranged and used for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boardinghouses or the like.
Family means one or more persons occupying a single dwelling unit.
Floodway means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regulatory flood.
Floodway fringe orfloodplain means that area outside the floodway encroachment lines but which is still subject to inundation by the regulatory flood.
Home occupation means a business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building. Specific regulations regarding use and permitting procedures regarding home occupations are dealt with in greater detail in subsequent sections of this Code.
Housing, nonconventional, means mobile homes, modular homes; any type of housing that is visually different from the housing typical within the community.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1)
A single lot of record;
(2)
A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;
(3)
A parcel of land described by metes and bounds, provided that in no case shall any residential lot be created which does not meet the requirements of this chapter.
Lot front means the portion nearest the street. Yard requirements shall be as indicated under the term "yards" in this section. In the case of double-frontage lots, front yard dimensions shall be applied to both frontages. The front of a lot in a mobile home park shall be construed to be that portion nearest the trailer-towing mechanism on the mobile home.
Off-street loading space means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Off-street parking space. The term "off-street parking space" shall be a parking space which is at least nine feet wide and 19 feet deep with at least 23 feet of depth in tandem for access, together with properly-related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.
Recreational equipment includes boats, boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, and tent trailers.
Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division of the district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this chapter.
Street line means the right-of-way line of a street.
Structure means anything constructed and attached to the ground having a fixed location.
Travel trailer means a vehicular or portable structure built on a chassis, designed to be used as temporary dwelling for recreational travel purposes, having a body width not exceeding eight feet.
Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of a structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure.
Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a public street; however, a front yard, for the purposes of a mobile home park pursuant to Zone R-T, shall be construed as that portion of the lot closest to the trailer-towing mechanism on the mobile home.
Yard, rear, means a yard extending from the rear of the lot between inner side yard lines; however, for the purposes of a mobile home park pursuant to Zone R-T, the rear yard shall be construed as the opposite end of the trailer from the trailer-towing mechanism.
Yard, side, means a yard extending from the rear line of the required front yard to the rear lot line, or an absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with a public street; however, the side yard shall be construed, for the purposes of mobile home park pursuant to Zone R-T, as those yards closest to the sides of the trailer where access is obtained.
Yard size. A required yard shall be measured in such a manner that the yard established is a strip of the size required by district regulations, with its inner edge parallel to the inner length of the lot line.
(Ord. No. 79-8, § 11, 8-1-1979; Ord. No. 80-5, § 1, 11-5-1980; Ord. No. 91-1, 2-6-1991; Ord. No. 92-2, 7-1-1992; Ord. No. 95-5, 8-2-1995; Ord. No. 2005-7, 10-5-2005; Ord. No. 2009-4, 3-4-2009)