Hapeville City Zoning Code

As used in this article, unless specifically stated otherwise, the following terms shall be defined as indicated, and where any definition herein conflicts with another definition in the city zoning ordinance, the definition contained herein shall prevail:

Build-to line: The line generally parallel to the front lot line along an existing public street to which buildings shall enfront to the extent identified in this article. It is a requirement, not a permissive minimum, as is a setback, however, where a minimum and maximum build-to line exists, the building may enfront any where between the two lines. The line shall be measured from the back of the sidewalk clear zone along all street frontages and not from the front lot line. For the purposes of this article, the build-to line shall exist even when not enfronted by a building.

Day spa: A business location where massages by certified masseurs, makeovers, body wrapping, hair removal, saunas, manicures, pedicures, and nonsurgical cosmetic procedures are performed. Any combination of at least three or more of the above-listed uses shall occur at the location for said location to be considered a day spa. All such businesses shall comply with applicable state licensing regulations.

Dwelling, live-work: A one-family attached dwelling unit of at least two stories that contains a commercial component of not more than the lesser of 600 square feet in floor area or 40 percent of the dwelling's total floor area. Said commercial component shall be limited to the ground floor of the dwelling unit, shall be covered by separate lease; shall be adjacent to the supplemental area; shall be limited to the permitted business and professional offices/agencies, retail and restaurant uses contained in section 93-11.5-3; and shall be the place of employment for no more than two persons, one of whom shall be a resident thereof. For the purposes of this article, a live-work dwelling shall not be a single structure containing a multifamily dwelling unit and a commercial use arranged vertically unless both dwelling and commercial use share a common kitchen, utilities, and common deed or lease.

Enfront: To place an element such as a building along a build-to line.

Master planned development: Any alteration of the natural environment which requires approval of a site plan, construction drawings, or issuance of a development permit in accordance with section 93-2-16. Buildings and structures within master planned developments may be constructed in multiple phases over several years, provided they are in conformance with the intent of the approved master plan.

Supplemental area: The privately held area between the back of the required sidewalk clear zone and the build-to line. Supplemental zones shall only be required along existing public streets.

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-11, §§ 1, 2, 7-7-2015; Ord. No. 2016-18, § 9, 8-16-2016)