For the purpose of this Zoning Ordinance, the following terms and words are defined.
1. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to use of the principal building.
2. “Alley” means a public way other than a street, 20 feet or less in width, affording secondary means of access to abutting property.
3. “Basement” means a story having more than one-half of its height below grade. A basement is not counted as a story for the purpose of height regulation.
4. “Billboard” means and includes all structures, regardless of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure is placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which such signs or billboards are located.
5. “Block” means that property abutting on one side of a street and lying within the two nearest intercepting or intersecting streets, or lying within the nearest intercepting or intersecting streets and unsubdivided acreage or railroad right-of-way.
6. “Board” means the Board of Adjustment.
7. “Boarding house” means a building, other than a hotel, where, for compensation, meals and lodging are provided for four or more persons.
8. “Building, height of” means the vertical distance from the average natural grade at the building line to the highest point of the roof.
9. “Building line” means the line of the outside wall of the building or any enclosed projection thereof nearest the lot line.
10. “Bulk stations” means distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products, where the aggregate capacity of all storage tanks is more than 12,000 gallons.
11. “Court” means an open, unobstructed and unoccupied space other than a yard, which is bounded on two or more sides by a building on the same lot.
12. “District” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.
13. “Dwelling” means any building or portion thereof which is designed or used exclusively for residential purposes but not including a tent, cabin, trailer or mobile home.
14. “Dwelling and property occupation” means any business or permitted use conducted full-time or part-time for financial gain through or from the dwelling in which one lives or from any other structure on the same premises located within an R residence district.
15. “Dwelling, condominium” means a multiple dwelling as defined in this section whereby the fee title to each dwelling unit is held independently of the others.
16. “Dwelling, multiple” means a building or portion thereof designed for or occupied exclusively for residence purposes by more than two families.
17. “Dwelling, single-family” means a building designed for or occupied exclusively for residence purposes by one family.
18. “Dwelling, single-family semidetached” means a residence designed for or occupied by one family, only, which is erected on a separate lot and is joined to another residence on one side, only, by a wall located on the lot line and which has yards on the remaining sides.
19. “Dwelling, townhome” means any one of three or more residences designed for or occupied by one family, only, which is attached and in a continuous row or cluster. Each dwelling is designed and erected as a unit on a separate lot and separated from each dwelling by a wall.
20. “Dwelling, two-family” or “duplex” means a building designed for or occupied exclusively for residence purposes by two families.
21. “Family” means one or more related persons occupying a single housekeeping unit and using common cooking facilities but does not include more than four individuals not related by blood, marriage or adoption.
22. “Farm” means an area of 10 acres or more which is used for the growing of the usual farm products, such as vegetables, fruits, trees and grain, and their storage on the area as well as for the raising thereon of the usual farm poultry and farm animals. The term “farming” includes the operating of such an area for one or more of the above uses including the necessary accessory uses for treating or storing the produce, provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities and provided further that farming does not include the feeding of garbage or offal to swine or other animals.
23. “Garage, private” means an accessory building housing motor-driven vehicles of the residents of the premises.
24. “Garage, public” means any building or premises other than a private garage, used for equipping, refueling, servicing, repairing, hiring, selling or storing motor-driven vehicles.
25. “Grade” means the average elevation of the finished ground at the exterior wall of the main building.
26. “Hotel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house or lodging house.
27. “Junk yard” means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.
28. “Lodging house” means a building where lodging or boarding is provided for compensation for five or more, but not exceeding 20 persons not members of the family there residing.
29. “Lot,” for zoning purposes, 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 are herein required. Such lot shall have frontage on a dedicated or private street and may consist of:
A. A single lot of record or a portion of a lot of record;
B. A combination of complete lots of record and/or portions of lots of record;
C. A parcel of land described by metes and bounds; provided that in no case of subdivision shall any residual lot or parcel be created which does not meet the requirements of this Zoning Ordinance.
30. “Lot line” means a property line bounding a lot.
31. “Lot measurement” means:
A. Depth. The mean horizontal distance between the front and rear lot lines.
B. Width. The width of a lot is considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the minimum building setback line.
32. “Lot of record” means a lot which is part of a subdivision which is recorded in the office of the Madison County Recorder or a lot or parcel described by metes and bounds, the deed to which has been so recorded.
33. “Lot types” are as follows:
A. “Corner lot” means a lot located at the intersection of two or more streets.
B. “Interior lot” means a lot other than a corner lot with only one frontage on a street other than an alley.
C. “Double frontage lot” means a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two non-intersecting streets may be referred to as “through” lots.
D. “Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.
34. “Mobile home” means any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings and which is, has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term “mobile home” includes “camp car” and “house car.”
35. “Mobile home park” means any lot or portion of a lot upon which two or more mobile homes, occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodation.
36. “Motel” or “motor lodge” means a building or group of attached or detached buildings containing individual sleeping or living units for overnight auto tourists with garage attached or parking facilities conveniently located to each such unit.
37. “Nonconforming use” means any building or land lawfully occupied by a use on March 20, 1969 (or at the time of any amendment to this Zoning Ordinance), which does not conform after the passage of the original ordinance (or amendment thereto) with the use regulations of the district in which it is situated.
38. “Nursing home” or “convalescent home” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent or physically disabled persons, not including insane and other mental cases, inebriate or contagious cases.
39. “Parking space” means a surfaced area, enclosed, or unenclosed, of not less than 250 square feet either within a structure or in the open, exclusive of driveway or access drives for the parking of a motor vehicle.
40. “On-site sign” means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
41. “Story” means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling or roof next above it. “Half story” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the top floor level. A half story containing independent apartments or living quarters shall be counted as a full story.
42. “Structural alteration” means any replacement or changes in the type of construction or in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance.
43. “Structure” means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards and poster panels.
44. “Tourist home” means a residential building in which rooms are available for rental purposes as overnight sleeping accommodations primarily for automobile travelers.
45. “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, excepting as otherwise provided herein.
46. “Yard, front” means a yard extending across the full width of the lot and measured, using the least distance between the front lot line and the building or any projection thereof. Provided, however, steps, unenclosed decks and unenclosed porches may project into the required front yard a maximum of 30 inches. “Unenclosed” may include roof and/or screens. The narrow frontage on a corner lot is considered the front lot line, regardless of where the building entrance is located.
47. “Yard, rear” means a yard extending across the full width of the lot and measured, using the least distance, between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as adjoining the street upon which the lot has its greater dimension. On both corner lots and interior lots, the rear yard is at the opposite end of the lot from the front yard.
48. “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building.