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Caldwell City Zoning Code

§ 250-7

Definitions and word usage.

A. 
Definitions. For the purposes of this chapter, the terms used herein are defined as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building the purpose of which is incidental to that of a main use or building located on the same lot.
BOARDING OR ROOMING HOUSE
Any building containing two or more sleeping accommodations without individual cooking facilities for people who are not members of the family as defined in this section.
BUFFER AREA
A landscaped area designed to act as a visual and sound screen between a potentially unsightly or otherwise incompatible or undesirable land use and adjacent properties. No building, parking area, driveway (except to provide egress to property which is perpendicular to the buffer area), street, sign (except directional sign) or storage of materials is permitted within such area.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the mean level of the slope of the roof.
COURT
A required open unoccupied space, other than a yard, on the same lot with a building.
CURB LEVEL
The mean level of the curb of that street frontage of the building where the curb level is highest. Where no curb level has been established or wherever the average ground level of that portion of the lot which is within 10 feet of a wall of a building is higher than curb level, such average ground level shall be considered to be the curb level for the purposes of this chapter in relation to such wall.
DRIVE-IN-OPERATION
Any business of any kind engaged in making sales or providing services to persons occupying motor or other types of vehicles entered upon any business premises for such purpose.
DWELLING UNIT
A building or portion thereof providing sleeping room(s), bathroom(s) and kitchen facilities for the use of one family. Dwelling units shall be differentiated one from the other as follows:
(1) 
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family.
(2) 
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other.
(3) 
DWELLING, MULTIFAMILYA building used or designed as a residence for three or more families living independently of each other, not including a motel.
(4) 
GARDEN APARTMENT STRUCTURESA multifamily dwelling in which there is no more than two habitable stories and where no more than two units have the same exterior entrance or exit doorways.
(5) 
MOBILE HOMEA dwelling unit, factory built and factory assembled, designed for conveyance after fabrication on streets and highways on its own wheels or on a flatbed or other trailer and arriving on the site where it is to become a dwelling complete and ready for occupancy except for minor incidentals, including hookups. A prefabricated home shall not be included in this definition.
FAMILY
One or more persons related by blood or marriage (including servants) living and cooking together as a single housekeeping unit, or a collective number of unrelated individuals, not to exceed six, living together in one house, whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit. Servants and attendants shall be included as family members.
FENCE
A structure forming an enclosure of an open area and designated to prevent straying from within or intrusion from without said enclosure or to provide a visual barrier for the purposes of assuring privacy. An electronic device designed to prevent the straying of animals from a property shall be considered a fence.
[Amended 7-17-2012 by Ord. No. 1256-12]
FLOOR AREA RATIO (FAR)
A control on the intensity of land use calculated as the ratio of the gross floor area under the roof of the main building to the total area of the lot on which the building is located.
GARAGE
(1) 
PRIVATE GARAGEA building accessory to the main building which provides for the storage of not more than three four-wheeled motor vehicles. No more than one commercial vehicle shall be stored in such area, which commercial vehicle shall be owned by a person residing on the premises, and no occupation, business or service for profit connected directly or indirectly with motor vehicles is to be carried on within such garage.
(2) 
PUBLIC GARAGEAny building or premises used for the storage or rental of motor vehicles conducted as a business or wherein motor vehicles are cared for or repaired for profit.
(3) 
GASOLINE SERVICE STATIONAn area of land, including structures thereon, that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oils and which may include the making of minor repairs exclusive of any auto body work, welding or painting.
HOME OCCUPATION
A customary, personal service occupation, such as dressmaking, millinery, home cooking for off-premises consumption, individual private tutoring, individual teaching of music or singing, portrait painting or sculpturing, conducted by a member of the resident family in the main building.
HOME PROFESSIONAL OFFICE
An office of a member of a recognized profession providing professional services on an appointment only basis located in a residential unit. The issuance of a state or local license for regulation of any gainful occupation shall not be deemed indicative of the occupation being classified as a recognized profession under the terms of this chapter. Recognized professions shall include only medical care for human beings (excepting abortion clinics and narcotics treatment centers), the clergy, architecture, engineering, law, accounting, planning or similar professional occupations which may be so designated by the Planning Board upon finding both of the following: (1) that such occupation is truly "professional" in character by virtue of the need for similar training and experience as a condition for the practice thereof; and, (2) that such occupation serves clients on an appointment only basis as opposed to serving a "walk-in-off-the-street" clientele. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing, band or voice instruction, tourist homes, beauty parlors, barbershops, hairdressing or manicuring establishments, real estate offices, convalescent homes, mortuary establishments and trades or businesses of any kind not herein expressly permitted shall not be deemed to be professional uses.
HOTEL or MOTEL
A building consisting of 15 or more rooms, each with their own bathroom, designed and intended as a place where sleeping accommodations are supplied primarily for transient travelers, and where a general kitchen and dining room are provided within the building.
JUNKYARD
A lot or any part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded materials, or for the collection, dismantling, storage and salvaging of machinery and/or motor vehicles for the sale of parts thereof.
LOT
A designated parcel, tract or area of land, established by a plat or otherwise permitted by law, to be used, developed or built upon as a unit.
(1) 
LOT LINEAny boundary line of a lot excluding any street area.
(2) 
LOT AREAThe total area within the lot lines of a lot.
(3) 
LOT FRONTAGEThat portion of a lot extending along a street line.
(4) 
LOT DEPTHThe mean distance between the front lot line and the rear lot line drawn at right angles to the front property line.
(5) 
LOT WIDTHThe distance between side lot lines, measured as a straight line at the front setback line. On a corner lot, lot width shall be measured along the front yard setback line of the street with the lesser frontage.
[Amended 9-24-1996 by Ord. No. 1021-96; 1-28-1997 by Ord. No. 1031-97; 3-8-2005 by Ord. No. 1151-05]
(6) 
LOT COVERAGEThe percentage of the lot area that is occupied by the principal and accessory buildings.
(7) 
CORNER LOTA lot at the junction of and fronting on two or more intersecting streets. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
[Amended 9-24-1996 by Ord. No. 1021; 1-28-1997 by Ord. No. 1031-97]
(8) 
NONCONFORMING LOTA lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
(9) 
NONCONFORMING STRUCTUREA structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
(10) 
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
MOBILE TEMPORARY STORAGE CONTAINERS
Temporary or portable storage units that are designed and used primarily for temporary storage of building materials, household goods, personal items or other materials for use on a limited basis on private property.
[Added 7-17-2012 by Ord. No. 1254-12]
NURSERY SCHOOL
Any place, however designated or operated for the purpose of providing daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
[Added 7-13-1999 by Ord. No. 1073-99]
OFFICE RESIDENTIAL CHARACTER
A building used for mixed office and residential use which retains all outward appearance of a building used exclusively residential.
[Added 7-7-1998 by Ord. No. 1062-98]
OPEN PORCH
A roofed structure supported by columns, but having no side walls, which projects beyond the main walls of a building.
PAVEMENT
An impervious ground covering.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which the building is situated.
PRINCIPAL USE
The primary or main purpose for which a lot or building is being utilized.
QUASI-PUBLIC
Private organizations and groups of a fraternal, church or charitable nature.
RECREATIONAL VEHICLE
A vehicle designed and intended to be used for temporary sleeping or shelter during periods of travel and recreation.
SETBACK LINE
A line parallel to a lot line delineating the minimum required yard area.
SHOPPING CENTER
A group of commercial establishments planned, developed and managed as a unit in an enclosed building or buildings and utilizing such common facilities as customer parking area, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.
SIGN
Any structure or portion thereof on which there is an announcement, declaration, identification, description, display illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. (Refer to § 250-21 for additional sign definitions.)
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this chapter or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURAL ALTERATION
Any change in or rearrangement of the supporting members of a building or structure, such as walls, columns, beams, girders and foundation, including any enlargement or addition to the structure.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
WIRELESS COMMUNICATIONS FACILITIES
Structures consisting of antennas and mounting brackets, with or without an equipment shed, deigned for wireless communication.
[Added 8-15-2000 by Ord. No. 1097-00]
YARD
An open space on a lot, lying between the principal building and the nearest lot line, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
(1) 
FRONT YARDAn open unoccupied space within and extending the full width of the lot between the front lot line and the main front wall of a building, not including ground-story porches and piazzas. When a lot fronts on two streets, the front yard requirements shall be established along both street frontages.
[Amended 9-24-1996 by Ord. No. 1021-96; 1-28-1997 by Ord. No. 1031-97; 3-8-2005 by Ord. No. 1151-05]
(2) 
REAR YARDAn open, unoccupied space within and extending the full width of the lot between the rear wall of the building and the rear lot line.
(3) 
SIDE YARDAn open, unoccupied space within the lot between a side lot line and the side wall of the building or of any attached accessory building extending from the front lot line to the rear yard.
B. 
Word usage. Unless the context clearly indicates the contrary, the present tense shall include the future; the singular shall include the plural; the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "occupied" shall include the words "used," "designed" or "intended to be occupied"; the word "used" includes the words "arranged," "designed" or "intended to be used"; the word "shall" is always mandatory and directory; and the word "may" is permissive.