Whenever the words or phrases set forth in this chapter appear in the Everson Zoning Code, they shall be given the meaning attributed to them by this chapter. When not inconsistent with the context, words used in the present tense include the future, the singular includes the plural and the plural the singular. “Shall” is always mandatory and “may” indicates a use of discretion in making a decision; “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” [Ord. 282 § 3, 1983.]
“Accessory building or use” means a subordinate building or use which is incidental to the principal use of the main building or the main structure on the same lot. [Ord. 282 § 3, 1983.]
“Building” means any structure used or intended for supporting or sheltering any use or occupancy. [Ord. 282 § 3, 1983.]
“Building area” means the total ground coverage of a building or structure measured from the outside of its external walls or supporting members from a point four inches in from the outside edge of a cantilevered roof, and including its fireplaces. [Ord. 282 § 3, 1983.]
“Building height” means the elevation of the building from the average finished grade of the lot. [Ord. 282 § 3, 1983.]
“Clerk” means the City Clerk for the City of Everson. [Ord. 282 § 3, 1983.]
“Comprehensive plan” means the current Comprehensive Land Use Plan of the City of Everson. [Ord. 282 § 3, 1983.]
“Conditional use” means a use for which a conditional use permit is required. [Ord. 282 § 3, 1983.]
“Council” means the City Council of the City of Everson. [Ord. 282 § 3, 1983.]
“Coverage” means the percentage of the area of a lot which is built upon or used. [Ord. 282 § 3, 1983.]
“Duplex” means a two-family dwelling. [Ord. 282 § 3, 1983.]
“Dwelling” means a building or a portion thereof designed exclusively for residential purposes, including single-family, two-family and multifamily dwellings, but shall not include a hotel, auto courts, boarding houses or lodging houses. [Ord. 282 § 3, 1983.]
“Dwelling, multifamily” means a building or a portion thereof, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. [Ord. 282 § 3, 1983.]
“Dwelling, single-family” means a detached building other than a mobile home or travel trailer, designed exclusively for occupancy by one family and containing one dwelling unit. [Ord. 282 § 3, 1983.]
“Dwelling unit” means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. [Ord. 282 § 3, 1983.]
“Family” means one person or two or more persons related by blood or marriage, and/or no more than five unrelated persons living together as a single nonprofit house-keeping unit in a single dwelling. [Ord. 282 § 3, 1983.]
“Loading space” means an off-street space or berth on the same lot with a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. [Ord. 282 § 3, 1983.]
“Lot” means a fractional part of subdivided lands or a tract or a parcel having fixed boundaries. A lot may consist of a single lot of record, a portion of a lot of record, a combination of complete lots of record, a combination of complete lots of record and portions of lots of record, or a tract or parcel of land described by metes and bounds. [Ord. 282 § 3, 1983.]
“Lot Frontage.” The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corners of lots and through lots, the owner may select which street shall be designated as abutting the front of the lot. [Ord. 282 § 3, 1983.]
“Lot of record” means a lot which is part of a subdivision recorded in the office of the County Auditor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. [Ord. 282 § 3, 1983.]
“Mobile home” means a trailer of the type designed as facilities for human habitation and which is capable of being moved upon the public streets and highways and which is more than 32 feet in length or more than eight feet in width. [Ord. 282 § 3, 1983.]
“Mobile home park” means a lot or area of land in the same ownership which is occupied or designed for the occupancy of two or more mobile homes. [Ord. 282 § 3, 1983.]
“Nonconforming building” means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the zone in which it is located or to the requirements of the building code of the City of Everson. [Ord. 282 § 3, 1983.]
“Nonconforming land use” means the use of land which does not conform to the regulations of the zone in which the use exists. [Ord. 282 § 3, 1983.]
“Nonconforming lot” means a lot which does not meet area or dimensional requirements. [Ord. 282 § 3, 1983.]
“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified zone and subject to the limitations of the regulations of such zone. [Ord. 282 § 3, 1983.]
“Person” shall include any person or persons, association, firm, co-partnership and/or corporation. [Ord. 282 § 3, 1983.]
“Principal building or use” means that structure or use permitted outright or allowed as a matter of right within certain zones without public hearing, special permit or variance; provided, that such use is in accordance with the requirements of the particular zone and general conditions stated elsewhere in the Everson Zoning Code. [Ord. 282 § 3, 1983.]
“Public use” means those facilities necessary or appropriate to the operation of municipal government or to the provision of municipal services. [Ord. 282 § 3, 1983.]
“Screening” means a continuous fence at least four feet but not more than six feet in height, possibly supplemented with landscape planting, a continuous wall, an evergreen hedge, or a combination thereof, that would effectively screen the property which it encloses. [Ord. 282 § 3, 1983.]
“Setback” means the distance between any building and the nearest lot line. [Ord. 282 § 3, 1983.]
“Structural alteration” means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in the roof or exterior lines if such changes result in enlargement of the building or changes or rearrangement of other structural parts or exit facilities; or moving the structural parts or building to another location. The installation or rearrangement of partitions in business, commercial or similar uses effecting more than one-half of a single floor area shall be considered a structural alteration. [Ord. 282 § 3, 1983.]
“Structure” means a combination of materials constructed or erected which has permanent location on the ground or is attached to something having permanent location on the ground, not to include paving or surfacing of areas, fences under six feet in height, walls used as fences under six feet in height, or screening under six feet in height. [Ord. 282 § 3, 1983.]
“Tract” means a lot, usually several acres in area. [Ord. 282 § 3, 1983.]
“Travel trailer” means a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes and having a body length not exceeding 32 feet and a body width not exceeding eight feet. [Ord. 282 § 3, 1983.]
“Variance” means a relaxation of the terms of the Everson Zoning Code. [Ord. 282 § 3, 1983.]
“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. [Ord. 282 § 3, 1983.]
Whenever the words or phrases set forth in this chapter appear in the Everson Zoning Code, they shall be given the meaning attributed to them by this chapter. When not inconsistent with the context, words used in the present tense include the future, the singular includes the plural and the plural the singular. “Shall” is always mandatory and “may” indicates a use of discretion in making a decision; “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” [Ord. 282 § 3, 1983.]
“Accessory building or use” means a subordinate building or use which is incidental to the principal use of the main building or the main structure on the same lot. [Ord. 282 § 3, 1983.]
“Building” means any structure used or intended for supporting or sheltering any use or occupancy. [Ord. 282 § 3, 1983.]
“Building area” means the total ground coverage of a building or structure measured from the outside of its external walls or supporting members from a point four inches in from the outside edge of a cantilevered roof, and including its fireplaces. [Ord. 282 § 3, 1983.]
“Building height” means the elevation of the building from the average finished grade of the lot. [Ord. 282 § 3, 1983.]
“Clerk” means the City Clerk for the City of Everson. [Ord. 282 § 3, 1983.]
“Comprehensive plan” means the current Comprehensive Land Use Plan of the City of Everson. [Ord. 282 § 3, 1983.]
“Conditional use” means a use for which a conditional use permit is required. [Ord. 282 § 3, 1983.]
“Council” means the City Council of the City of Everson. [Ord. 282 § 3, 1983.]
“Coverage” means the percentage of the area of a lot which is built upon or used. [Ord. 282 § 3, 1983.]
“Duplex” means a two-family dwelling. [Ord. 282 § 3, 1983.]
“Dwelling” means a building or a portion thereof designed exclusively for residential purposes, including single-family, two-family and multifamily dwellings, but shall not include a hotel, auto courts, boarding houses or lodging houses. [Ord. 282 § 3, 1983.]
“Dwelling, multifamily” means a building or a portion thereof, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. [Ord. 282 § 3, 1983.]
“Dwelling, single-family” means a detached building other than a mobile home or travel trailer, designed exclusively for occupancy by one family and containing one dwelling unit. [Ord. 282 § 3, 1983.]
“Dwelling unit” means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. [Ord. 282 § 3, 1983.]
“Family” means one person or two or more persons related by blood or marriage, and/or no more than five unrelated persons living together as a single nonprofit house-keeping unit in a single dwelling. [Ord. 282 § 3, 1983.]
“Loading space” means an off-street space or berth on the same lot with a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. [Ord. 282 § 3, 1983.]
“Lot” means a fractional part of subdivided lands or a tract or a parcel having fixed boundaries. A lot may consist of a single lot of record, a portion of a lot of record, a combination of complete lots of record, a combination of complete lots of record and portions of lots of record, or a tract or parcel of land described by metes and bounds. [Ord. 282 § 3, 1983.]
“Lot Frontage.” The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corners of lots and through lots, the owner may select which street shall be designated as abutting the front of the lot. [Ord. 282 § 3, 1983.]
“Lot of record” means a lot which is part of a subdivision recorded in the office of the County Auditor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. [Ord. 282 § 3, 1983.]
“Mobile home” means a trailer of the type designed as facilities for human habitation and which is capable of being moved upon the public streets and highways and which is more than 32 feet in length or more than eight feet in width. [Ord. 282 § 3, 1983.]
“Mobile home park” means a lot or area of land in the same ownership which is occupied or designed for the occupancy of two or more mobile homes. [Ord. 282 § 3, 1983.]
“Nonconforming building” means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the zone in which it is located or to the requirements of the building code of the City of Everson. [Ord. 282 § 3, 1983.]
“Nonconforming land use” means the use of land which does not conform to the regulations of the zone in which the use exists. [Ord. 282 § 3, 1983.]
“Nonconforming lot” means a lot which does not meet area or dimensional requirements. [Ord. 282 § 3, 1983.]
“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified zone and subject to the limitations of the regulations of such zone. [Ord. 282 § 3, 1983.]
“Person” shall include any person or persons, association, firm, co-partnership and/or corporation. [Ord. 282 § 3, 1983.]
“Principal building or use” means that structure or use permitted outright or allowed as a matter of right within certain zones without public hearing, special permit or variance; provided, that such use is in accordance with the requirements of the particular zone and general conditions stated elsewhere in the Everson Zoning Code. [Ord. 282 § 3, 1983.]
“Public use” means those facilities necessary or appropriate to the operation of municipal government or to the provision of municipal services. [Ord. 282 § 3, 1983.]
“Screening” means a continuous fence at least four feet but not more than six feet in height, possibly supplemented with landscape planting, a continuous wall, an evergreen hedge, or a combination thereof, that would effectively screen the property which it encloses. [Ord. 282 § 3, 1983.]
“Setback” means the distance between any building and the nearest lot line. [Ord. 282 § 3, 1983.]
“Structural alteration” means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in the roof or exterior lines if such changes result in enlargement of the building or changes or rearrangement of other structural parts or exit facilities; or moving the structural parts or building to another location. The installation or rearrangement of partitions in business, commercial or similar uses effecting more than one-half of a single floor area shall be considered a structural alteration. [Ord. 282 § 3, 1983.]
“Structure” means a combination of materials constructed or erected which has permanent location on the ground or is attached to something having permanent location on the ground, not to include paving or surfacing of areas, fences under six feet in height, walls used as fences under six feet in height, or screening under six feet in height. [Ord. 282 § 3, 1983.]
“Tract” means a lot, usually several acres in area. [Ord. 282 § 3, 1983.]
“Travel trailer” means a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes and having a body length not exceeding 32 feet and a body width not exceeding eight feet. [Ord. 282 § 3, 1983.]
“Variance” means a relaxation of the terms of the Everson Zoning Code. [Ord. 282 § 3, 1983.]
“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. [Ord. 282 § 3, 1983.]