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

The word person includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

The word shall is mandatory, the word may is permissive.

The words used or occupied include the words intended, designed or arranged to be used or occupied.

The word lot includes the words plot or parcel.

Access street. An existing public thoroughfare from which a townhouse project has access.

Accessory building.

(a)

In a residential district, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes, and not rented, and/or containing servants quarters, a washroom, a storage room for domestic storage only and space for one (1) or more automobiles.

(b)

In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.

Accessory use. A use subordinate to the principal use of a building or lot and serving a purpose customarily incidental to the principal use.

Agent of owner. Any person who can show certified written proof that he is acting for the property owner.

Alley. A minor public thoroughfare having a right-of-way width of not less than twenty-five (25) feet and a paving width of not less than twenty-five (25) feet.

Apartment. A room or suite of rooms in an apartment house arranged, designed or occupied as a residence by a single-family and having a minimum of three hundred (300) square feet of living area per adult and providing facilities for cooking and personal hygiene and not considered a hotel/motel.

Apartment house. Any multiple-family dwelling or building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate facilities for cooking and separate facilities for personal hygiene. Minimum of one thousand (1,000) square feet of living area per apartment shall be required.

Basement. A story whose floor is more than twelve (12) inches, but not more than half of its story height below the average level of the adjoining ground (as distinguished from a "cellar" which is a story more than one-half (½) below such level). A basement or cellar, when used as a dwelling, shall be counted as a story for purposes of height measurement.

Beginning of construction. The incorporation of labor and material within the foundation of the building or buildings.

Building. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one (1) or more un-pierced walls extending from the ground up, each is deemed a separate building.

Building official. The building inspector or other official appointed by the city council to enforce the zoning ordinance.

Building line. A line parallel or approximately parallel to a lot line or street line and beyond which buildings may not be erected.

Building, main. A building in which is conducted the principal use of the site on which it is located. In any residential district any and all dwellings shall be deemed to be main buildings on the site on which they are located.

Clinic, medical. An institution or station for the examination and treatment of ill and afflicted out-patients.

Common open space. Private property under common ownership and limited to the use of the owners or occupants of the lots which is designated for recreation area, private park, play lot area, plaza area, building setbacks (in addition to or in excess of those minimum setbacks required herein) and ornamental areas open to general view and having convenient pedestrian access within the townhouse project.

Condominiums. Where one (1) or more single dwelling units are individually owned, and undivided interest is held in the common areas and facilities that serve the project.

Convalescent home. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

Court. An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

Coverage of a lot or maximum allowable building area. The ratio of gross floor area of the first floor of a building or of a group of buildings on the same lot to the area of the lot, expressed as percentage.

Day nursery. A place where children are left for care between the hours of 7:00 a.m. and 12:00 p.m.

Density. A maximum number of family units permitted on a lot.

Detached structure. Any building, accessory building or structure that is not physically attached to any other building or structure by any means.

District or zoning district. A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this ordinance.

Dwelling. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons, but not including a tent, trailer or mobile home.

Dwelling, single-family. A building designed for or used exclusively for residence purposes by one (1) family or housekeeping unit. Minimum of one thousand two hundred (1,200) square feet of living area.

Dwelling, duplex or two-family. A building designed for or used exclusively for residence purposes by two (2) families or two (2) housekeeping units. Minimum of one thousand two hundred (1,200) square feet of living area per family.

Dwelling, multiple-family. A building or portion thereof designed for or used by three (3) or more families or housekeeping units. Minimum of one thousand (1,000) square feet of living area per family.

Dwelling unit or units. A single unit or units providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Minimum of one thousand (1,000) square feet of living area per unit.

Family. Any number of individuals living together as a single housekeeping unit and in which not more than three (3) individuals are unrelated by blood, marriage, or adoption.

Floor area of a building. The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior walls or from the centerline of walls separating two (2) buildings in square feet.

Garage apartment, one- or two-family. A two-story building with the upstairs designed for and used exclusively for residence purposes by one (1) or two (2) families. Minimum of one thousand two hundred (1,200) square feet of living area per family. The ground floor designed for and used exclusively for automobile parking and/or domestic storage.

Grade, existing. The average level of the original surface of the ground adjacent to the exterior walls of the building.

Hotel. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied for hire, and in which there are more than twelve (12) sleeping rooms, a public room for the accommodation of more than twelve (12) guests and a general kitchen.

Interior street. A public street within and designated primarily to serve only a townhouse project and not other properties outside the project.

Lot. One (1) piece, parcel or tract of land which collectively meets all of the following requirements at the time of filing for a zoning permit:

(1)

Is located within a single block.

(2)

Has frontage on an accepted and improved public street.

(3)

Is occupied or utilized or designated by its owner, owners or developers to be occupied, developed or utilized as a unit for a principal use and uses accessory thereto, together with such open spaces as are required by this ordinance.

(4)

And of which a plat has been recorded in the office of the county clerk.

Lot, area of. The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.

Lot depth. The mean horizontal distance between the front line and rear lot line of a zoning lot.

Lot line. A boundary of a lot.

Lot line, front. The street right-of-way at the front of a lot.

Lot line, side. The lot line which is not a front lot line or rear lot line. A side lot line separating a lot from a thoroughfare other than an alley is an exterior side lot line as opposed to an interior side lot line.

Lot line, rear. The lot line opposite and most distant from the front.

Lot width. The mean horizontal distance between the side lot lines of a lot.

Mobile home park. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for transient use, supplementary structures and accessory uses not prohibited by this ordinance.

Mobile homes. Any vehicle or similar portable structure having no foundation other than wheels or jacks or skirtings and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. Mobile homes are considered to be structures for the purpose of this ordinance when they are parked in a mobile home park.

Motel. A building or group of buildings, including either separate units or a row or rows of units which: (a) contain living or sleeping accommodations primarily for transient occupancy; and (b) have individual entrances.

Nursing home. Any premises where more than three (3) persons are lodged and furnished with meals and nursing care.

Off-street parking space. A hard-surfaced area not less than one hundred eighty (180) square feet, enclosed or unenclosed, with a hard-surfaced driveway connecting parking space with the public street or alley, and permitting ingress and egress of an automobile. An off-street parking space shall not occupy any public land.

Open space. Area included in any side, rear or front yard or any other unoccupied space on a lot that is open and unobstructed to the sky.

Recreational Vehicle Park. A parcel of land which has been planned and approved, for the placement and occupancy of recreational vehicles, and accessory uses not prohibited by this Ordinance.

Screening wall. A barrier of stone, brick, concrete block, pierced brick, solid wooden fence, or other permanent material of equal character at least six (6) feet in height where the solid area equals at least seventy-five (75) per cent of the wall surface.

Servants quarters, bona fide. Living quarters located on the same lot as the main building for the family of a servant employed on the premises who received at least fifty (50) per cent of his total income from the occupant of the main building.

Setback line. That line which is parallel to and the minimum allowable horizontal distance from a given point or line of reference, such as a lot line, to the minimum required building line.

Sign. Any structure or part thereof, or any device attached to, painted on or represented on a building or other structure, upon which is displayed or included any letter, work model, banner, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement or other attention directing device.

Sign, area of. The total exterior surface computed in square feet of a sign, having but one exposed exterior surface; the aggregated exposed exterior surface computed in square feet of a sign having more than one (1) such surface.

Story. That portion of a building included between the surface of any floor and the ceiling next above it.

Street. Any thoroughfare other than an alley.

Street line. A dividing line between a street and an abutting lot, tract or parcel of land.

Structure. Anything constructed, the use of which required permanent location on the ground or attachment to something having a permanent location on the ground.

Structural alteration. Any change in the structural members of a building, such as walls, columns, beams or girders.

Townhome. A single-family housing unit with reduced rear and side yards, having an enclosed garden court or area and located on an individual lot.

Townhouse. A structure on an individual lot which is one of a series of dwelling units designed for single-family occupancy, which dwelling units are structurally connected or immediately adjacent to and abutting each other without side yards between individual dwelling units.

Townhouse project. A development in which it is proposed to partition or subdivide land into individual lots and construct townhouses and/or townhomes which may be individually owned.

Trailer coach. Trailer coach means a transportable, single-family dwelling unit which is or may be mounted on wheels suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing.

Yard. An open unoccupied space other than a court, on the lot in which a building is situated and which is unobstructed from the ground to the sky.

Yard, front. An open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building.

Yard, rear. An open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line and being the minimum horizontal distance between the rear lot line and the main building.

Yard, required front. An open space extending the full width of a lot between the front lot line and the front setback, unoccupied and unobstructed from the ground upward except as specified elsewhere in this ordinance.

Yard, required rear. An open space extending the full width of the lot between the rear lot line and the rear setback line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this ordinance.

Yard, required side. An open space extending from the minimum front yard setback line to the minimum rear yard setback line between the side yard setback line and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this ordinance.

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

Zoning map, official. The zoning map or maps of the city, attested together with all amendments subsequently adopted.

Zoning permit. A document issued by the building official authorizing buildings, structures or uses consistent with the terms of this ordinance and for the purpose of carrying out and enforcing its provisions.

(Ord. No. 2008-07, § 8, 3-3-08; Ord. No. 2012-04, § 10, 6-18-12)