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Hillsborough City Zoning Code

CHAPTER 17

08 - DEFINITIONS*

17.08.010 - Accessory structure.

"Accessory structure" means any detached structure incidental to the principal dwelling. A structure shall be considered detached when it is not connected to the principal dwelling by structural members of any kind.

(Ord. 639 § 9 (part), 2003)

17.08.020 - Boarding house.

"Boarding house" means the use of any residential building, or of any portion of a residential building, where two or more bedrooms are rented separately from the rest of the house for a period of 30 or more days in exchange for compensation. A boarding house is a type of transitory lodging. It does not include a limited long-term room rental. (See Section 17.08.115.)

(Ord. No. 761, § 10, 1-13-2020)

17.08.030 - Building.

"Building" means any structure having a roof supported by columns or walls and designed for the shelter or enclosure of persons or property.

(Ord. 639 § 9 (part), 2003)

17.08.040 - Country club.

"Country club" means a club, whose facilities include a regulation eighteen hole golf course.

(Ord. 639 § 9 (part), 2003)

17.08.060 - Domicile.

"Domicile" means the legal residence and permanent home of an individual or family. A domicile is not lodging, which is only a temporary residence. (See "Lodging or lodgings.") A dwelling unit that is rented by a person on a month-to-month, or longer, basis is presumed to be the renter's domicile if the renter has no other legal residence or permanent home. Indicia of legal residency include, but are not limited to, evidence that the resident uses the street address for government identification purposes, such as a driver's license, and for tax-filing purposes.

(Ord. No. 761, § 10, 1-13-2020)

17.08.070 - Dwelling.

"Dwelling" includes the words "residence," "single-family residence", and "single-family dwelling," and means any building (including all attached structures) containing but one kitchen (and possibly an additional kitchen for the exclusive use of household help) designed and used to house not more than one family, including all necessary household help for the family.

(Ord. 639 § 9 (part), 2003)

17.08.075 - Family.

"Family" means a single housekeeping unit, which is the use of a dwelling unit by its residents where the use has the following characteristics:

1.

The residents have established ties and familiarity and interact with each other.

2.

Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.

3.

Residents share meals, household activities, expenses, and responsibilities.

4.

All adult residents have chosen to jointly occupy the entire premises of the dwelling unit, and they each have access to all common areas.

5.

If the dwelling unit is rented, all adult residents are named on and party to a single written lease that gives them each joint use and responsibility for the premises.

6.

Membership of the household is determined by the residents, not by a landlord, property manager, or other third party.

7.

The residential activities of the household are conducted on a nonprofit basis.

8.

Residents do not have separate entrances nor do they have separate food-storage facilities, such as separate refrigerators or food-prep areas.

(Ord. No. 761, § 10, 1-13-2020)

17.08.080 - FAR.

"FAR" is defined in Section 17.32.030(B).

(Ord. 639 § 9 (part), 2003)

17.08.090 - Frontage.

"Frontage" is defined in Section 1.04.010.

(Ord. 639 § 9 (part), 2003)

17.08.100 - Garage.

"Garage" means a fully enclosed building, or part thereof, used or designed to be used for the parking and storage of vehicles.

(Ord. 639 § 9 (part), 2003)

17.08.110 - Gazebo.

"Gazebo" means a freestanding, roofed structure usually open on the sides.

(Ord. 639 § 9 (part), 2003)

17.08.115 - Limited long-term room rental.

"Limited long-term room rental" means the long-term rental of a single room in a resident's domicile. "Long-term" here means for a duration of at least thirty days. A limited long-term room rental does not constitute a boarding house or other any other transitory lodging. (See Sections 17.08.020 and 17.16.010.A.1.)

(Ord. No. 761, § 10, 1-13-2020)

17.08.118 - Lodging or lodgings.

"Lodging" or "lodgings" means a temporary residence or place to live, which includes sleeping accommodations. Lodging is not a domicile because the former is a temporary residence and the latter is a permanent one. (See Section 17.08.060.)

(Ord. No. 761, § 10, 1-13-2020)

17.08.120 - Lot.

"Lot" means a single parcel of land, public or private, that is described by metes and bounds or by reference to a recorded plat or map.

(Ord. 639 § 9 (part), 2003)

17.08.130 - Lot coverage.

"Lot coverage" means structural coverage, hardscape coverage, and softscape coverage as set forth in Section 17.32.060.

(Ord. 639 § 9 (part), 2003)

17.08.140 - Lot line.

"Lot line" means the established division line between lots.

(Ord. 639 § 9 (part), 2003)

17.08.150 - Net lot area.

"Net lot area" means the gross lot area less the area occupied by any public right-of-way or private easement for driveway purposes.

(Ord. 639 § 9 (part), 2003)

17.08.160 - Non-school event.

"Non-school event" is defined in Section 17.16.030(N).

(Ord. 639 § 9 (part), 2003)

17.08.170 - Pergola.

"Pergola" means a structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters.

(Ord. 639 § 9 (part), 2003)

17.08.180 - Premises.

"Premises" means land and any improvements thereon.

(Ord. 639 § 9 (part), 2003)

17.08.190 - Private school.

"Private school" means any building or group of buildings the use of which meets state requirements for elementary, secondary, or higher education and which is not operated by a public school district or other public agency. When the context so indicates, "private school" also means the business entity that operates the private school institution.

(Ord. 639 § 9 (part), 2003)

17.08.200 - Residence.

"Residence" is defined under "dwelling."

(Ord. 639 § 9 (part), 2003)

17.08.210 - Retaining wall.

"Retaining wall" means a freestanding wall that holds back a bank of earth; provided, however, that a foundation or footing supporting a building shall not be deemed a retaining wall.

(Ord. 639 § 9 (part), 2003)

17.08.220 - Right-of-way.

"Right-of-way" means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. Right-of-way includes, but is not necessarily limited to, streets, curbs, gutters, and parking strips.

(Ord. 639 § 9 (part), 2003)

17.08.225 - Second unit.

"Second unit" is defined in Section 17.52.010.

(Ord. 648 § 6 (part), 2003)

17.08.230 - Setback area.

"Setback area" means that area described in Section 17.24.020.

(Ord. 639 § 9 (part), 2003)

17.08.240 - Setback line.

"Setback line" means the parallel line described in Section 17.24.020 (i.e., the setback area boundary line that is opposite the street line or the lot line boundary of the setback area).

(Ord. 639 § 9 (part), 2003)

17.08.245 - Short-term rental.

"Short-term rental" means the use of any residential building, or of any portion of a residential building, to provide lodging for fewer than thirty days in exchange for compensation. A short-term rental is a type of transitory lodging.

(Ord. No. 761, § 10, 1-13-2020)

17.08.250 - Street.

"Street" is defined in Section 1.04.010(K).

(Ord. 639 § 9 (part), 2003)

17.08.260 - Street line.

"Street line" means either (i) the property line abutting a dedicated right-of-way, where the right-of-way has been dedicated in fee to the town, or (ii) the line between an easement for a dedicated right-of-way and the remainder of the private property unencumbered by the easement, where the town has only an easement for right-of-way purposes and not a fee interest in the right-of-way. These concepts are illustrated in the following diagrams (which are for illustrative purposes only and shall not be deemed part of the Hillsborough Municipal Code:

17.08.260 Street line (i):

Example where the "street" is a dedicated right-of-way.

Street line (ii):

Example where the "street" is an easement for right-of-way purposes, rather than a dedicated right-of-way.

(Ord. 639 § 9 (part), 2003)

17.08.270 - Structure.

"Structure" means anything constructed or erected that requires location on the ground or attached to something having location on the ground, but not including outdoor fixtures, as defined in Chapter 12.12, and not including hardscape, as defined in Section 17.32.060. Examples of a structure include, but are not necessarily limited to, any dwelling, building, second unit, garage, carport, tool house, guest house, green house, pool house, satellite dish antenna, solar collector panel, tree house or other play structure, swimming pool, tennis court, play court, and deck.

(Ord. 648 § 6 (part), 2003; Ord. 639 § 9 (part), 2003)

17.08.280 - Total covered floor area.

"Total covered floor area" is defined in Section 17.32.020(A).

(Ord. 639 § 9 (part), 2003)

17.08.285 - Transitory lodging.

"Transitory lodging" means a short-term rental or boarding house.

(Ord. No. 761, § 10, 1-13-2020)

17.08.290 - Trellis.

"Trellis" means a frame of latticework used as a screen or support for climbing plants; a construction (as a summerhouse) chiefly of latticework.

(Ord. 639 § 9 (part), 2003)