For the purpose of this Ordinance, certain rules of construction to the text, as follows:

1)

Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.

2)

The work "person" includes a corporation or firm, as well as an individual.

3)

The word "building" includes the word "structure".

4)

The word "lot" includes the word "plot", "tract" or parcel".

5)

The term "shall" is always mandatory and not discretionary; the word "may" is permissive.

6)

The word "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged or to be used or occupied".

7)

Any word or term not interpreted or defined by this article shall be used with a meaning of common or standard utilization.

(Ord. No. 39.140, 6-19-07)

For the purpose of this Ordinance, certain terms or words used herein shall be interpreted or defined as follows:

Accessory building: A subordinate building or structure on the same lot with a principal or main building or the part of the main building occupied by or devoted exclusively to an accessory use.

Accessory use: A use customarily incidental and subordinate to the principal use or building located on the same lot as the principal use or building.

Alley: Any dedicated public way other than a street which provides only a secondary means of access to abutting property and is not intended for general traffic circulation.

Alterations: Any modification, additions or change in construction or type of occupancy; any change or rearrangement in the structural parts of a building; any enlargement of a building, whether by extending a side or by increasing in height, or the moving from one (1) location to another.

Alternative tower structure: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Ambient: The sound pressure level exceeded ninety (90) percent of the time or L ₉₀ .

Anemometer tower: A freestanding tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system which is an accessory land use to a utility grid wind energy system.

ANSI: The American National Standards Institute.

Antenna: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Antique: A work of art, piece of furniture, or decorative object made at an earlier period at least fifty (50) years ago, exclusive of any item meeting the definition of a "junk motor vehicle" or "junk" by chapter 9 Nuisances of the Code of Ordinances for Delhi Township.

Apartment: A room or suite of rooms, including bath and kitchen facilities, in a two-family or multiple dwelling, intended or designed for use as a residence by a single-family.

Apartment, cluster: A group of buildings used or designed to contain separate living units for three (3) or more families but which each building may have joint services or facilities or both. These buildings are so arranged to have a common wall with an adjacent building whereby only fifty (50) percent of the wall or less is a common wall and the adjacent open spaces are for the mutual use of the occupants of each building.

Apartment, garden: A group of two (2) or more multiple dwelling buildings not over two (2) stories in height, located on the same lot, that offer each dwelling unit direct access to an open yard area.

Apartment house: (See "Dwelling, multiple-family".)

Auto court: (See "Motel".)

Backhaul network: The lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching office(s), and/or long distance providers, or the public switched telephone network.

Basement: A story having more than one-half of its height below the average story for the purpose of height measurement.

Bed and breakfast facility: Any facility which is rented out to the public on a daily or weekly basis for the purpose of providing a place for resting or relaxing in a home atmosphere and provides no other meal to the renter than a customary breakfast.

Boardinghouse: A building, other than a motel, where for compensation and by prearrangement for definite periods meals or lodging and means are provided for three (3) or more persons.

Building: Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property.

Building area: The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

Building envelope: The building envelope is the area contained within the setback lines established by this Ordinance.

Building, front: The front of the building shall be considered to be facing the street on which the building is addressed.

Building, front line of: The line that faces the building nearest the front line of the lot. This face includes sun parlors and enclosed porches, but does not include steps.

Building, height of: The vertical distance measured from the mean elevation of the finished grade line of the ground about the front of the building to the highest point of the roof for flat roofs, and the deck line of mansard roofs and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Building lines: A line defining the minimum front, side and rear yard requirements outside of which no building or structure may be located.

Building, principal: A building in which is conducted the main or principal use of the lot on which it is located.

Clinic: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professions.

Clubs: An organization catering exclusively to members and their guests or premises and buildings for recreational, artistic, political or social purposes which are not conducted primarily for gain and which do not provide merchandising, vending or commercial activities, except as required incidentally for the membership and purpose of such club.

Cluster house: A multiple dwelling unit of two (2), or three (3), or four (4) dwelling units, attached in such a manner that no common wall is more than fifty (50) percent of the length of the wall and arranged so that all of the fronts do not face the same direction; each dwelling unit must have a private yard area, an attached garage, a separate entrance on the first floor and shall have a legal vehicle designating the responsibility of maintenance of all common yard and house area.

Common land: A parcel or parcels of land together with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned unit development.

Compassion club or medical marihuana compassion club: See Medical marihuana.

Condominium: A condominium is a system of separate ownership of individual units in multi-unit projects according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee interest and in the spaces and building parts used in common by all the unit owners. For the purposes of these zoning regulations, condominium terms shall be defined as follows:

a)

Condominium Act: Shall mean Public Act 59 of 1978, as amended.

b)

Condominium lot: The portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in this Ordinance.

c)

Condominium subdivision plan: Drawings and information that show the size, location, area and boundaries of each condominium unit, building location(s), the nature, location, and approximate size of common elements, an other information required by Section 66 of Michigan Public Act 59 of 1978, as amended.

d)

Condominium unit: That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project.

e)

Common elements: Portions of the condominium project other than the condominium units.

f)

Contractible condominium: A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to provisions in the condominium documents and in accordance with this Ordinance and the Condominium Act.

g)

Conversion condominium: A condominium project containing condominium units some or all of which were constructed and/or occupied before the establishment of the condominium project.

h)

Convertible area: A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this Ordinance and the Condominium Act.

i)

Expandable condominium: A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.

j)

General common elements: Common elements other than the limited common elements, intended for the common use of all co-owners.

k)

Limited common elements: Portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners.

l)

Master deed: The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.

m)

Monument: A surveying marker whose placement is defined in section 5.14.6.

n)

Site condominium project: A condominium project designed to function in a similar manner, and/or as an alternative to platted subdivision. A residential site condominium project shall be considered as equivalent to platted subdivision for purposes of regulation of this Ordinance, the Township Subdivision Control Ordinance No. 88, as amended, and other township ordinances and policies.

Convalescent or nursing home: A building where infirm, aged or incapacitated persons are furnished shelter, care, food, lodging and needed attention for compensation.

Court: An unoccupied open space, other than a yard on the same lot with a building which is bounded on two (2) or more sides by the walls of such building.

Court, closed: A court enclosed on three (3) sides by exterior walls of a building or enclosed on all sides by a combination of exterior walls and freestanding walls with one (1) side or end open to a street, alley or yard.

Coverage: That percent of the plot or lot covered by the building area.

dB(A): The sound pressure level in decibels. It refers to the "A" weighted scale defined by ANSI. A method for weighing the frequency spectrum to mimic the human ear.

Debilitating medical condition: See Medical marihuana.

Decibel: The unit of measure used to express the magnitude of sound pressure and sound intensity.

Density: The number of dwelling units residing upon or to be developed upon a net acre of land.

Dispensary or medical marihuana dispensary: See Medical marihuana.

District: An area of land for which there are uniform regulations governing the use of buildings and premises, density or development, yard requirements and height limitations.

Driveway: A defined vehicle access way from a public or private roadway, providing vehicular access for a single zoning lot.

Dormitory: A building, or portion thereof, used for housing purposes under the supervision of a college, university or other institutions.

Dwelling: Any building, or portion thereof, which is designed or used exclusively for residential purposes.

Dwelling, single-family: A detached building designed for or occupied exclusively by one (1) family.

Dwelling, two-family: A detached or semidetached building designed for or occupied exclusively by two (2) families living independently of each other.

Dwelling, multiple-family: A building, or portion thereof, used or designed to contain separate living units for three (3) or more families but which may have joint services of facilities or both.

Dwelling, row house or townhouse: Three (3) or more one-family dwelling units each having access on the first floor to the ground and with common walls separating the dwelling units.

Dwelling unit: A building, or portion thereof, designed exclusively for residential occupancy by one (1) family and having cooking facilities.

Environmentally sensitive area: An area with one (1) or more of the following environmental characteristics:

1.

Steep slope over eighteen (18 percent).

2.

Floodplain areas.

3.

Wetlands.

4.

Submerged land and/or surface water.

5.

Forest land.

Erected: The building, construction, alteration, reconstruction, moving upon or any physical activity upon a premises or lot.

Essential services: The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, telephone transmission or distribution system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities departments or commissions.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Family: An individual or two (2) or more persons related by blood, marriage or adoption, or a group not to exceed two (2) persons not related by blood or marriage occupying a premises and living as a single nonprofit housekeeping unit with single culinary facilities as distinguished from a group occupying a boardinghouse, lodging house, hotel, club, fraternity or similar dwelling for group use. The usual domestic servants residing on the premises shall be considered as part of the family.

Farm: Any parcel of land containing at least ten (10) acres which is used for gain in the raising of agricultural produces, livestock, poultry and dairy products. It includes necessary farm structures within prescribed property boundaries and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

Floodplain: Areas subject to inundation by the highest expected floodwater level.

Floor area: Sum of the gross horizontal areas of the floor of a building or dwelling unit, measured from the exterior faces of the exterior walls or from the centerline of walls separating dwelling units.

Fueling stations: Any area of land, including any structure or structures thereon, that is used or designed for the supply of gasoline or oil or other fuel for the propulsion of vehicles. For the purpose of this Ordinance, this term shall also mean any area or structure used or designed for polishing, greasing, washing, dry cleaning, spraying (but not including painting) or otherwise cleaning or servicing such motor vehicles.

Funeral home: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals; called also funeral parlor.

Garage, parking: A structure or series of structures for the temporary storage or parking of motor vehicles having no public shop or service connected therewith.

Garage, private: An accessory building or an accessory portion of a principal building designed or used solely for the storage of noncommercial motor vehicles, boats, house trailers and similar vehicles owned and used by the occupants of the building to which it is accessory.

Grade, finished: The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs related thereto.

Grading: The mechanical shaping of land, including stripping, cutting, filling and stockpiling earth. Agricultural plowing and disking are not included.

Group housing: A residential development involving the ultimate construction of a group of dwelling units, including a combination of one-family, two-family or multiple-family dwellings on a lot, parcel or tract of land or on a combination of lots under one (1) ownership and containing common services or facilities.

Guest unit: A room or group of rooms occupied, arranged or designed for occupancy by one (1) or more guests for compensation.

Height: When referring to a tower or other structure, means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Home occupations: As defined in section 5.1.11.1.

Hotel: A building in which the rooms are occupied or designed for temporary abiding places for individuals who are lodged with or without meals and in which there are more than ten (10) sleeping rooms served only by a general kitchen and dining facility located within the building.

IEC: The International Electotechnical Commission.

ISO: The International Organization for Standardization.

Kennel: Any lot or premises used for the sale, boarding or breeding of dogs, cats or other household pets. Kennel shall also mean the keeping of five (5) dogs, cats and/or other household pets over the age of six (6) months.

Lease unit boundary: The boundary around property leased for purposes of a wind energy system, including adjacent parcels to the parcel on which the wind energy system tower or equipment is located. For purposes of setback, the lease unit boundary shall not cross road right-of-ways.

Line, street: The dividing line between a street right-of-way and a lot.

Lodging house: A building in which three (3) or more rooms are rented and in which no table board is furnished, but not exceeding five (5) persons.

Lots: Land occupied or to be occupied by a building, structure, land use or group of buildings together with such open spaces or yards as are required under this Ordinance and having its principal frontage upon a street.

Lot, corner: A lot which has at least two (2) contiguous sides abutting upon a street for their full length.

Lot, depth of: The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

Lot, interior: A lot other than a corner lot.

Lot line: The lines bounding a lot as herein described.

Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the Office of the Register of Deeds in Ingham County, or a lot described by metes and bounds, the deed to which has been recorded in the Office of the Register of Deeds in Ingham County.

Lot, width of: The width measured along the front lot line or street line. The lot width is measured along the front face of the house if it is located on an irregular shaped lot.

Major thoroughfare: A public street, the principal use or function of which is to provide an arterial route for through traffic, with its secondary use or function the provision of access to abutting property, and which has been classified as such upon the Comprehensive Development Plan of Delhi Charter Township.

Manufactured home: A dwelling unit composed of one (1) or more components substantially assembled in a manufacturing plant and designed to be transported to a building site. A manufactured home is constructed in accordance with the standards established in the U.S. Department of Housing and Urban Development Regulations for Manufactured Housing. A mobile home is not constructed in accordance with the standards established in the state and local building codes that are applicable to site-build homes. The removal of a manufactured home's wheels and/or the attachment to a permanent foundation shall not change its classification.

Medical marihuana: For the purposes of this Ordinance, the following definitions shall apply:

a)

Compassion club: Any entity whose members are comprised of primary caregivers or qualifying patients which is not open to the public and the purpose of which includes uses or consumption of marihuana in any form or the facilitation of such use or consumption.

b)

Debilitating medical condition: The conditions and circumstances provided in Section 3(a) of the Michigan Medical Marihuana Act (MCL 333.26423(a)).

c)

Dispensary or medical marihuana dispensary: Any location at which marihuana is transferred from one person to another, other than transfers of marihuana from a registered primary caregiver to a qualifying patient to whom said primary caregiver is connected through the department of community health registration process.

d)

Marihuana (also known as marijuana and cannabis): The substance defined in Section 7106 of the Public Health Code, PA 1978, No. 368 (MCL 333.7106).

e)

Medical use: The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms association with the debilitating medical condition. The term "transfer" as used herein shall be limited to a transfer of marihuana from a primary or a registered primary caregiver to a qualifying patient or registered qualifying patient who is connected to the caregiver through the department of community health's registration process.

f)

Primary caregiver or registered primary caregiver: A person who has agreed to assist with a registered qualifying patient's medical use of marihuana and who has a valid registry identification card identifying said person as a primary caregiver.

g)

Qualifying patient or registered qualifying patient: A person who has been diagnosed by a physician as having a debilitating medical condition and who has a valid registry identification card issued by the Michigan Department of Community Health which identifies the person as a registered qualifying patient.

h)

Usable marihuana: The dried leaves and flowers of the marihuana plant and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant.

Medical use: See Medical marihuana.

Minor street: A public way, the principal use or function of which is to give access to abutting properties.

Mobile home park: Any lot, site, parcel or tract of land under the control or management of any person, upon which two (2) or more mobile homes are parked, or which is offered to the public for that purpose, regardless of whether a change is made thereof or not, and including any building, structure, tent, vehicle or enclosure used or intended to be used as part of the equipment of such mobile home park.

Motel: A building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" shall include buildings designated as "auto courts", "tourist courts", "motor courts", "motor hotels" and similar appellations which are designated as integrated units of individual rooms under common ownership.

Multistory residence: All residences other than single-story or two-story residences, including, but not limited to, bi-level and one and one-half (1½) story [residences].

Nonconforming use: A legally constructed building, structure or use of land existing at the time of enactment of this Ordinance and which does not conform to the regulation of the district or zone in which it is situated.

On-site wind energy system: A land use for generating electric power from wind and is an accessory structure that is intended to primarily serve the needs of the consumer at that site.

Open space: Any unoccupied space open to the sky on the same lot with a building.

Plan, comprehensive development: An adopted statement of policy by the planning commission relative to the agreed upon desirable physical patter of future community development, consisting of a series of maps, charts and written material that represents a sound conception of how the community should grow in order to bring about the very best community living conditions.

Pre-existing towers and pre-existing antennas: Any legally existing tower or antenna prior to the effective date of this Ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Primary care giver: See Medical marihuana.

Principal use: The main use to which the premises are devoted and the principal purpose for which the premises exist.

Private road: Any road or thoroughfare for vehicular traffic which is privately owned and maintained and which provides the principal means of access to abutting properties.

Public utility: Any person, firm, corporation, municipal department or board fully authorized to furnish to the public electricity, gas, steam, telephone, telegraph, transportation or water.

Qualifying patient or registered qualifying patient: See Medical marihuana.

Recreation, private: A recreational space or structure, or combination thereof, belonging to and/or operated by private interests for use by private individuals and/or organizations and/or the public, consisting primarily of manmade structures and/or other artificial apparatus which are necessary to or from the basis for said use.

Recreation, public: Any recreational space or structure owned by the public or any space and structure, or combination thereof, privately owned and publicly used, consisting primarily of the utilization of natural physical features as the basis for said use (structures and artificial apparatus being secondary to the primary outdoor use).

Religious institutions: Means a structure, regardless of name or title, used to conduct a religious service on a regular basis. A church may include accessory structures and uses that are customarily incidental and subordinate to the principle use such as convents, rectories, parsonages, monasteries, gymnasiums and meeting or social halls.

Right-of-way: A street, alley or other thoroughfare or easement permanently established for passage of persons, vehicles or the location of utilities.

Room: A room shall be defined as any area used for sleeping, living or preparation of food. Dining areas may be included in any living room or kitchen. Kitchens, bedrooms and living rooms may not be combined. Kitchenettes which are enclosed and not larger than twenty (20) square feet shall not be considered as rooms. Hidden beds, either in furniture or the walls, shall not be considered a combination of rooms.

Rooming house: A building where lodging only is provided for compensation.

Rotor: An element of a wind energy system that acts as an airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

Salvage yard: Any land or building over two hundred (200) square feet in area used for abandonment, storage, keeping, collection, or baling of paper, rags, scrap metals, other scrap or discarded materials for abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles or machinery or parts thereof.

Secondary thoroughfare: A public street, the principal use or function of which is to provide an arterial route for through traffic, with its secondary use or function the provision of access to abutting property, and which has been classified as such upon the Comprehensive Development Plan of Delhi Charter Township.

Shadow flicker: Alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on the ground and stationary objects such as, but not limited to a window in a dwelling.

Signs: See section 6.9.2 for all sign related definitions.

Site, net area: The total area within the property lines of a project or development, excluding streets.

Site plan review committee: A group of people representing the various agencies, organizations and individuals with regulatory authority over construction or development requiring site plan review pursuant to section 3.3 of this Ordinance.

Sound pressure: An average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

Stable, private: An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is not floor above it, then the space between the floor and the ceiling next above it.

Story, first: The story that is immediately above the basement or crawl space that has a floor elevation slightly above the grade of the adjoining ground. It can also be the story having part, but not more than one-half of its height below the average finished elevation of the adjoining ground, such as a tri-level home. The first story shall be counted as a story for the purpose of height measurement.

Story, half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartments or living quarters shall be counted as a full story.

Story, height of: The vertical distance from the top surface of one (1) floor to the top surface of the next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joints.

Street: A public thoroughfare which affords the principal means of access to abutting property.

Street line: The legal line of demarcation between a street and abutting land.

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Structural alterations: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders or any substantial changes in the roof and exterior walls.

Swimming pools: A swimming pool within the meaning of this Ordinance shall mean any permanent construction of a pool of any depth greater than one (1) foot.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

Usable marihuana: See Medical marihuana.

Use: The purpose for which land or a building is arranged, designed or intended, or for which land or a building may be occupied.

Use, principal: The use that occupies more than fifty (50) percent of the total area of the total building area.

Utility grid wind energy system: A land use for generating power by use of wind at multiple tower locations in a community and includes accessory uses such as, but not limited to a SCADA tower or electric substation. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.

Wetland: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wind energy system: A land use for generating power by use of wind; utilizing a wind turbine generator and includes the turbine, blades and tower, as well as related electrical equipment. This does not include wiring to connect the wind energy system to the grid. See also: On-site wind energy system and utility grid wind energy system.

Wind energy system height: The vertical distance from the highest point of the tower or turbine blade, whichever is greatest, to the average grade of the ground immediately beneath the wind energy system.

Wind site assessment: An assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy system.

Yard: An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided herein, the measurement of a yard shall be construed as the minimum horizontal distance between the lot and the building line.

Yard, front: A yard extending across the front of a lot between the side lot lines and measured between the front line of the lot and the nearest point of the main building or land use.

Yard, rear: An open space on the same lot with a main building unoccupied except as herein permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot or the centerline of the alley, if there be an alley, and the rear line of the building.

Yard, side: An open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a front line or a rear line shall be deemed a side line.

(Ord. No. 39.67, 6-3-97; Ord. No. 39.70, 12-16-97; Ord. No. 39.75, § 2, 9-1-98; Ord. No. 39.101, § 6, 11-4-03; Ord. No. 39.104, 1-20-04; Ord. No. 39.105, 5-4-04; Ord. No. 39.111, 5-4-05; Ord. No. 39.140, 6-19-07; Ord. No. 39.148, 2-5-08; Ord. No. 39.155, § XVI, 2-16-10; Ord. No. 39.157, § III, 2-15-11)