For purposes of this Chapter, certain words and phrases are defined as set forth in this Article. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number; and the masculine includes the feminine. The word shall is mandatory and the word may is permissive.

Accessory building means a building detached from a principal building, customarily used with and clearly incidental and subordinate to the principal building or use, and ordinarily located on the same lot with such principal building.

Accessory structure means a structure detached from a principal building, customarily used with and clearly incidental and subordinate to the principal building or use, and ordinarily located on the same lot with such principal building.

Accessory use means a use of land or of a building or portion thereof customarily used with and clearly incidental and subordinate to the principal use of the land or building, and ordinarily located on the same lot with such principal use.

Adjacent means nearby, but not necessarily touching. The determination of nearby shall be made on a case-by-case basis, taking into consideration the context in which the term is used and the variables (such as, but not limited to, size, mass, scale, bulk, visibility, nature of use and intensity of use) that may be relevant to deciding what is nearby in that particular context. Adjacency shall not be affected by the existence of a platted street or alley, public or private right-of-way or public or private transportation right-of-way or area.

Alley means a minor way used primarily for vehicular service access to the back of properties abutting on a street.

Board and care facility means a building or portion thereof which is principally used to accommodate for compensation three or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such a building. The term compensation includes compensation in money, services or other things of value. The term board and care facility includes a guest house or a lodging house, but not a motel or hotel.

Board of Adjustment means the Board of Trustees, which shall act as the Board of Adjustment for all purposes and for all of the provisions adopted by this Chapter. The Board of Adjustment shall conduct hearings as requested to determine the suitability of alternate methods, to provide for reasonable interpretation and to mitigate specific provisions of this Chapter, and shall make correct determinations as to the appropriateness of any of the provisions herein adopted under special and unusual circumstances. The concurrence of four members of the Board of Adjustment shall be required to reverse any order or make any decision pursuant to this Chapter.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

(1)

Is permanently affixed to the land;

(2)

Has one or more floors and a roof; and

(3)

Is bounded by either open space or the lot lines of a lot.

Building frontage means that side of a building which faces and is parallel to or most nearly parallel to a public or private street. The length of the frontage is determined by measuring along the outside walls of the building, including eaves which are at least eight feet above grade and are an integral part of the roof or building wall. There can be only one building frontage for each street upon which a building faces.

Building permit valuation means the dollar amount used for the valuation of building permit fees as calculated by the Town Administrator for the issuance of a building permit.

Build-to line means an imaginary line on which the front of a building or structure must be located or built and which is measured as a distance from a public right-of-way.

Cannabidiol, also known as CBD, means a Cannabinoid found in the Cannabis plant, which does not contain more than <0.3 percent THC, which is not of a level to make a person feel "high".

CBD Extraction means the process used to extract Cannabidiol (CBD) from hemp.

CBD Extraction Facility means the building where Cannabidiol (CBD) is extracted from hemp.

Character means those attributes, qualities and features that make up and distinguish a development project and give such project a sense of purpose, function, definition and uniqueness.

Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five or more children under the age of 16 years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give 24-hour-per-day care for dependent and neglected children, but specifically excludes any family care home as defined in this Chapter. Child care centers are also those facilities with stated educational purposes for children under the age of six years, which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six grades so long as the school system is not also providing extended day services.

Day care home means a facility licensed by the State that provides on a regular basis, in a place of residence, less than 24-hour care for two or more children from different family households who are not related to the caregiver. Such facility may be any of the following three types of family care homes as defined by the State: family child care home, infant/toddler home or experienced family child care provider home.

Density means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per-acre basis.

Development plan means the written and graphical documents that detail the provisions for development of a PUD development. These provisions may include, and need not be limited to, easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrian areas and parking facilities; and common open space and other public facilities.

Dwelling means a building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings.

Dwelling, mixed-use, means a dwelling that is located on the same lot or in the same building as a nonresidential use.

Dwelling, multi-family, means a dwelling containing three or more dwelling units, not including hotels, motels, fraternity houses, sorority houses and similar group accommodations.

Dwelling, single-family, means a dwelling containing no more than one dwelling unit.

Dwelling, single-family attached, means a single-family dwelling attached to one or more dwellings or buildings, with each dwelling located on its own separate lot.

Dwelling, single-family detached, means a single-family dwelling which is not attached to any other dwelling or building by any means, including mobile homes and manufactured housing situated on a permanent foundation.

Dwelling, two-family, means a dwelling containing two dwelling units.

Dwelling unit means one or more rooms and a single kitchen and at least one bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building.

Easement means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation or particular persons for specified uses.

Family means an individual living alone; any number of persons living in a single household who are interrelated by blood, marriage, adoption or other legal custodial relationship; or not more than two unrelated adults and children of such unrelated adults.

Floor area means the gross floor area of a building as measured along the outside walls of the building and including each floor level, but not including open balconies, the first 720 square feet of garages or other enclosed automobile parking areas, and basements.

Greenhouse means a building, room or area, usually chiefly of glass or plastic, in which the temperature is maintained within a desired range, used for cultivating tender plants or growing plants out of season.

Hemp, also known as industrial hemp, means a Cannabis plant, which does not contain more than <0.3 percent THC, which is not of a level to make a person feel "high".

Home occupation means an occupation or business activity which results in a product or service, is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling unit.

Hookah bar, also known as a hookah lounge, means an establishment where patrons, by themselves or by sharing with others, smoke tobacco or similar products from a communal hookah, narghile or similar device.

Hotel/motel/lodging establishment means a building intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are five or more guest rooms.

Improvement means any manmade, immovable item which becomes part of, is placed upon or is affixed to real estate.

Inoperable motor vehicle means any automobile, truck, tractor or motorcycle which originally contained an engine, regardless of whether it contains an engine at any other time, that is in a condition of being junked, wrecked, wholly or partially dismantled, discarded or unable to perform the functions or purpose for which it was originally constructed.

Junk means manmade goods, appliances, fixtures, furniture, machinery, motor vehicles or other such items which have been abandoned, demolished, dismantled or which are so worn or deteriorated or in such a condition as to be unusable; salvage materials, scrap metal, scrap material, waste, bottles, tin cans, paper, boxes, crates, rags, used lumber and building materials; discarded motor vehicles, machinery parts and tires; and other items commonly considered to be junk.

Landscaping means any combination of living plants, such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features, such as walkways, fences, benches, works of art, reflective pools, fountains or the like. Landscaping also includes irrigation systems, mulches, topsoil use, soil preparation, revegetation or the preservation, protection and replacement of existing trees.

Lot means a designated parcel, tract or area of land established by plat, subdivision or otherwise, permitted by law to be used, occupied or designed to be occupied by one or more buildings, structures or uses, and which abuts a dedicated right-of-way, private street or private drive, any of which is at least 20 feet wide at all points.

Lot line, front, means the property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front lot line, and the street to which the primary entrance of the principal building faces or to which the building is addressed shall be considered the front lot line.

Lot line, rear, means the line opposite the front lot line.

Lot line, side, means any lot lines other than the front lot line or rear lot line.

Lot size means the amount of horizontal (plan view) land area within lot lines.

Lot width means the horizontal (plan view) distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof. The minimum lot width shall be measured between the side lot lines along a line that is parallel to the front lot line and located at the minimum front setback distance from the front lot line. In the case of cul-de-sac lots, the minimum lot width may be measured between the side lot lines along a line that is parallel to the front lot line and located at the actual front building line.

Major addition means the extension of an existing building where the cost of the addition, not including repairs and reconstruction of the existing building, is in excess of the assessed valuation of the existing building as assessed by the County Assessor during the year immediately preceding the year in which such major addition takes place.

Nonconforming building means a building which was lawful and nonconforming under prior law on the day before the effective date of this Chapter or subsequent amendment thereof.

Nonconforming lot means any lot or parcel, no matter what the size, that does not meet the minimum requirements for lot width or area as set forth in this Chapter, when a building permit is sought.

Nonconforming sign means any sign which was lawful and nonconforming under prior law on the day before the effective date of this Chapter or subsequent amendment thereof.

Nonconforming structure means a structure which was lawful and nonconforming under prior law on the day before the effective date of this Chapter or subsequent amendment thereof.

Nonconforming use means either a use which was lawful and nonconforming under prior law on the day before the effective date of this Chapter or subsequent amendment thereof, or, with respect to lands newly annexed, a use which was lawful immediately before annexation but which does not conform to the use regulations for the zone district in which such use is located either at the time of annexation or as the result of subsequent amendments to this Chapter.

Nonconformity means a nonconforming use, structure or building.

Off-street parking area or vehicular use area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display or operation of motor vehicles, including driveways or access ways in and to such areas, but not including: (1) any outdoor storage area used principally as recreational vehicle, boat or truck storage use; (2) any parking area that is primarily used for long-term storage of vehicles that more closely resembles an outdoor storage area than it does a parking lot (such as impound lots, junkyards or other similar uses); (3) any internal drive lane located in an enclosed mini-storage facility; or (4) any public street or right-of-way.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

Owner means any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, personal representative, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents. Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the rental property upon which the dwelling or dwelling unit is situated.

Parking lot means an off-street parking area or vehicular use area.

Radio tower means a structure for sending and/or receiving radio, TV or sound impulses over the air.

Storage or utility shed means a detached accessory structure not more than 120 square feet in extended roof area, used to store tools and equipment, such as, but not limited to, lawnmowers, bicycles, garden tools and similar chattels related to the primary permitted use located on the same lot.

Street means a public way (whether publicly or privately owned) used or intended to be used for carrying vehicular, bicycle and pedestrian traffic and includes the entire area within the public right-of-way and/or public access easement; provided, however, that, with respect to the application of Article 6 of this Chapter, the term street shall only mean a dedicated public right-of-way (other than an alley) used or intended to be used for carrying motorized vehicular traffic.

Structure means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.

Telecommunications facility means the lot, tract or parcel of land that contains a telecommunications antenna, its support structure, any accessory buildings and associated parking and may include other uses associated with and ancillary to telecommunications transmission, including sales and service.

Use means the type of activity for which land or a building is designated, arranged or intended and also means the activity which in fact regularly takes place upon the land.

Utility service facilities means utility substations and public lift-up pumping stations for domestic water and sanitary sewer service, microwave towers and other such installations; does not include any such installations which contain buildings or storage structures; and does not include transportation headquarters.

Vacant land means land that does not have development on it.

Vapor lounge, also known as an electronic cigarette (e-cig or e-cigarette) lounge, means an establishment that allows patrons to use an electronic cigarette by themselves or by sharing with others.

Vegetation means plants growing in a place, including but not limited to trees, shrubs, vines, grasses and groundcover.

Yard means that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the zone district in which the lot is located.

Yard, front, means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

Yard, front setback, means the distance a building or structure must be placed from the back of the front property line.

Yard, private, means that portion of the open area on a lot extending open and unobstructed that is owned by the homeowner of a single-family detached townhome or two-family dwelling unit.

Yard, rear, means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, rear setback, means the distance a building or structure must be placed from the back of the rear property line.

Yard, side, means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

Yard, side setback, means the distance a building or structure must be placed from the side property line.

(Ord. No. 07-2009, Art. I, 11-17-2009; Ord. No. 04-2014, § 1, 5-20-2014; Ord. No. 01-2015, § 1, 1-6-2015; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 01-2020, § 1, 3-3-2020)