For the purpose of this Ordinance, the following terms, phrases, and words shall have the specific definitions as listed in Section 201. When consistent with the context words used in the present tense include the future, and singular include the plural; the word "shall" is mandatory; the word "may" or " should" is permissive; the word "person" includes an individual, a corporation, a partnership (general or limited), a limited liability company, and incorporated association, or any other similar entity; the words "used for" or "use" include "arranged for," "designed for," "intended for," maintained for," or "occupied for," and the words "zone," "zoning district," and "district" shall mean the same thing. In case of any difference of meaning of implication between the text of these controls and any caption illustration, summary, table of illustration, the text shall control. The words "this ordinance," "these regulations," "the regulations," "said regulations," "the zoning regulations," and "said zoning regulations," shall be deemed to refer to the Lakesite Zoning Ordinance.

(as added by Ord. #306Ord. #306, Feb. 2024)

Accessory Structure: DELETED—See Chapter V, Floodplain Regulations.

Addition (to an existing building): DELETED—See Chapter V, Floodplain Regulations.

Alley: A way which affords only a secondary means of access to abutting property.

Apartment Houses: See "Dwelling, Multiple."

Appeal: means a request for a review of the Building Official's interpretation of any provision of this Ordinance or a request for a variance.

Area of Special Flood-related Erosion Hazard: DELETED—See Chapter V, Floodplain Regulations.

Area of Special Flood Hazard: DELETED—See Chapter V, Floodplain Regulations.

Base Flood: DELETED—See Chapter V, Floodplain Regulations.

Basement: DELETED—See Chapter V, Floodplain Regulations.

Bike Lane: Class II on-road facilities includes bicycle lanes and shouldered bikeways. A bicycle lane is a portion of the roadway separated from conventional travel lanes with a stripe, and designated for exclusive or preferential use by bicyclists. They are one-way facilities placed on both sides of a street in order to carry bicyclists in the same direction as motor vehicle traffic.

Bike Route: Class III on-street facilities includes bicycle routes. On a bike route, bicyclists and motorists share the same travel lanes. Motorists will typically have to move into the adjacent lane in order to safely pass a bicyclist.

Bioretention cell: is a multi-functional landscaped depression that uses plants and layers of soil, sand, and mulch to control runoff volume and timing, reduce the temperature of and remove pollutants from storm water before it enters local waterways. Bioretention cells can be incorporated into open space, roadway swales, and parking areas.

Boarding House: A building, other than a hotel, where meals are furnished by pre-arrangements for definite periods for compensation to four (4) or more persons who are not related to each other by blood, marriage, or legal adoption.

Boundary Map (FHBM). DELETED—See Chapter V, Floodplain Regulations.

Building: Any structure used or built for the shelter or enclosure of persons, animals, or chattels (see structure).

Building Height of: The vertical distance between the level and the highest point of the roof surface of a flat roof, the deck line of a mansard roof and to a point two-thirds (⅔) the height of a gable, hip or gambrel roof: If the building is set back from the street line, the height may be measured from the average elevation of the finished grade at the front of the building, provided that the distance from the street line to the front of the building is not less than the height of such finished grade above the established curb level.

Car Lot: Any parcel of land used for the storage, display, and sale of new and used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.

Curb Level: The mean level of the established curb in front of the building. Where no such curb has been established, the City Engineer shall establish such curb level.

Day Care Center: A place, except schools graded one (1) through twelve (12), and kindergartens operated by any governmental unit or under the supervision of any religious organization, operated by a person, society, agency, corporation, or institution, or any group wherein are received for pay six (6) or more children under 17 years of age for group care, without transfer of custody, for less than 24 hours per day. The term "day care center" shall include but not be limited to child development centers, nursery schools, day nurseries, play schools, and kindergartens, as well as agencies providing before and after school care regardless of name, purpose, or auspices. Also, a place operated by a person, society, agency, corporation, or institution, or any group where are received for pay six (6) or more aged persons for group care for less than 24 hours per day. This definition is not applicable to any such use operated by any governmental unit.

Day Care Home: A home operated by any person who received therein for pay not more than five (5) children under 17 years of age, who are not related to such person and whose parents or guardians are not residents of the same house, for less than 24 hours supervision and care, without transfer of custody. Also, a home operated by any person who receives therein for pay not more than five (5) aged persons, who are not related to such person, for less than 24 hours supervision and care.

Development: DELETED—See Chapter V, Floodplain Regulations.

Dwelling Unit: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, cooking, sleeping and eating.

Dwelling: Any building or structure or part thereof used and occupied for human habitation or intended to be so used, including any outhouses or appurtenances belonging thereto or usually enjoyed therewith.

Dwelling, Single Family: A building occupied or intended to be occupied as an abode of one family.

Dwelling, Two Family (Duplex): A detached building designed for or occupied exclusively by two (2) families, independently of each other.

Dwelling, Multiple: A building or portion thereof used or designed as a residence for three or more families living independently of each other.

Elevated Building: DELETED—See Chapter V, Floodplain Regulations.

Existing Construction: DELETED—See Chapter V, Floodplain Regulations.

Existing Manufactured Home Park or Subdivision: DELETED—See Chapter V, Floodplain Regulations.

Existing Structures: DELETED—See Chapter V, Floodplain Regulations.

Expansion to an Existing Manufactured Home Park or Subdivision: DELETED—See Chapter V, Floodplain Regulations.

Family: Any number of individuals living together as a single housekeeping unit.

Flood Elevation Study: DELETED—See Chapter V, Floodplain Regulations.

Flood Hazard Boundary Map (FHBM): DELETED—See Chapter V, Floodplain Regulations.

Flood Insurance Rate Map (FIRM): DELETED—See Chapter V, Floodplain Regulations.

Flood Insurance Study: DELETED—See Chapter V, Floodplain Regulations.

Floodplain or flood-prone area: DELETED—See Chapter V, Floodplain Regulations.

Floodplain Management: DELETED—See Chapter V, Floodplain Regulations.

Flood Protection System: DELETED—See Chapter V, Floodplain Regulations.

Floodproofing: DELETED—See Chapter V, Floodplain Regulations.

Flood-related Erosion: DELETED—See Chapter V, Floodplain Regulations.

Flood-related Erosion Area or Flood-related Erosion Prone Area: DELETED—See Chapter V, Floodplain Regulations.

Flood-related Erosion Area Management: DELETED—See Chapter V, Floodplain Regulations.

Floodway: DELETED—See Chapter V, Floodplain Regulations.

Floor: means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Frontage: The width of the lot measured at: (1) the required front yard setback line, or (2) the front of the building. The width of the property at the street shall not be less than twenty-five (25) feet capable of being used for ingress and egress, except in cases where an existing structure(s) and its required side yard could not accommodate, then the width shall not be less than fifteen (15) feet capable of being used for ingress and egress.

Garage. Private: A building or space used as an accessory to or a part of a main building permitted in any residential zone and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.

Garage. Public: Any building or premises, except those described as a private or storage garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repair or kept for remuneration, hire or sale.

Garage. Storage: Any building or premises, other than a private or public garage, used exclusively for the parking or storage of motor vehicles.

Guest Lodging: An attached or detached accessory building or portion of the primary building used as sleeping quarters for referred guests of the owners or patrons of the primary recreational facilities. The guest lodging shall not include any cooking facilities and is not open to the public.

Home Occupation: An occupation conducted in a dwelling unit, provided that:

(a.)

No person other than members of the family residing on the premises shall be engaged in such occupation;

(b.)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

(c.)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;

(d.)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard. No vehicles with advertising signs for the home occupation shall be parked on the premises at any time unless for overnight parking only with said vehicle or vehicles leaving the premises during the day to conduct business elsewhere. Neither shall there be any overnight equipment or vehicle storage or employee parking visibly indicating of the commercial activity of the home occupation;

(e.)

No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in the line voltage off the premises. In the case of a duplex, or apartment building, no use shall be permitted which affects another unit in the same building in the above-mentioned ways;

(f.)

The home occupation shall not increase the type or volume of solid waste for curb-side disposal beyond what a typical household would produce.

(g.)

The following uses shall not be considered as home occupations and are intended to be a non-exclusive exemplary list: beauty shops, barber shops, photography studios, vehicle or boat repairs, automobile painting and body shops, TV, radio or other electronic services or sales, appliance repair, shoe repair, physicians' offices, dental offices, veterinary offices, animal shelters, printer or engraving shops, greenhouses, cabinet making or mill work, welding shops or any other similar uses of any like or different kind of character.

(h.)

Any seemingly compliant customary home occupation may be issued a zoning compliance permit by the Lakesite Codes Enforcement Officer for businesses that do not generate any traffic or involve customers coming to the home. When questions arise regarding the legality of specific home occupations, the Board of Zoning Appeals shall determine whether said home occupation is in compliance with the above restrictions and is compatible with the district in which said home occupation is located.

(i.)

A change in ownership or rental status on the property of an approved customary home occupation does not permit future owners or tenants to continue the use as a customary home occupation. New owners or tenants must complete a zoning compliance application.

Loading Space: space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a minimum vertical clearance of fourteen (14) feet.

Lodger: An occupant of a lodging or rooming house other than the owner or caretaker or his immediate family.

Lodging (Rooming) House: Any house, or other structure, or any place or location kept, used, maintained, advertised, or held out to the public to be a place where living or sleeping accommodations are supplied for pay to transient or permanent guests or tenants, whether in one or adjoining buildings.

Lot: A parcel of land occupied or intended for occupancy by a building together with its accessory buildings; including the open space required under this Ordinance. For the purpose of this Ordinance, the word "lots" shall be taken to mean any number of contiguous lots or portions thereof, not separated by streets, upon which one or more main structures for a single use are erected or are to be erected.

Lot. Corner: A lot abutting upon two (2) or more streets at their intersection.

Lot. Depth: The depth of a lot for the purpose of this Ordinance, is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite main rear line of the lot.

Lot. Interior: A lot other than a corner lot.

Lot Lines: The lines bounding the lot.

Lot. Through: An interior lot having frontage on two (2) streets, other than a corner lot.

Lot. Width: The length of the line marking the rear of the required front yard. In zones where no front is required, the lot width shall be the same as the lot frontage.

Manufactured Homes (Mobile Home): A factory assembled transportation structure, which exceeds eight (8) body feet in width and thirty-two (32) body feet in length, designed for use as living quarters, and built on a chassis. Such a unit may consist of one or more components which can be retracted for towing purposes and subsequently expanded for additional capacity; and/or consist of two (2) or more units separately towable, but designed to be joined as one integral unit, with or without a permanent foundation. All manufactured or mobile homes on individual standard lots shall be placed on a permanent foundation and have a permanent enclosure around the bottom of the structure. There shall also be a permanently affixed porch or entrance steps with hand railings as regulated by the International Building Code. Plans must be submitted and approved by the Building Official before a building permit is issued.

Manufactured Home Park or Subdivision: means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Minimum Building Site: The minimum building site is the area bounded by the building footings and/or foundation, plus five (5) feet in all directions.

Modular Unit (Sectional or Relocatable Home): A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a single structure without carriage or hitch. The term is intended to apply to major assemblies and may not include prefabricated sub-elements, which are to be incorporated into a structure at the site. Such units are designed as stationary construction for placement upon permanent foundation, to be connected to utilities, and may consist of one or more components.

New Construction: any structure for which the "start of construction" commenced on or after the effective date of this Ordinance. The term also includes any subsequent improvements to such structure.

Non-Conforming Use: A use that does not conform to the regulations of the zone in which it is situated.

Parking Lot: An area or plot of land used for the storage or parking of vehicles, including all necessary additional space needed for vehicular access or maneuvering thereto or therefrom.

Parking Space: A space not less than eight (8) by twenty (20) feet per vehicle plus all necessary additional space needed for vehicular access thereto.

Person: Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies.

Recreational Marina: A marina or port, whether or not organized and operated for profit, which is used primarily to provide facilities for recreational or pleasure boats, crafts, ships, or vessels.

Recreational Vehicle: means a vehicle which is:

(a.)

built on a single chassis;

(b.)

400 square feet or less when measured at the largest horizontal projections;

(c.)

designed to be self-propelled or permanently towable by a light duty truck; and

(d.)

designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational Vehicle Park: Any plot of land upon which two (2) or more recreation vehicles are located and used as temporary living or sleeping quarters for recreation or vacation purposes.

Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. In computing the height of building, the height of basement shall not be included if below grade.

Streets: Those rights-of-way dedicated to the public and accepted by the public authorities, including highways and roads, and provides primary access to the abutting properties.

Structure: means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

Structural Alterations: Any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders.

Substantial Damage: Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement: DELETED—See Chapter V, Floodplain Regulations.

Townhouse: A townhouse is a single-family dwelling unit attached by fireproof common walls from the ground to the roof to other similar type units. Each unit, having an open space for light, air, and access in the front and rear, has its own direct ground level access to the outdoors. No dwelling unit is above or below another dwelling. It is also intended that the townhouse development be sold in "fee simple" to encourage owner occupancy.

Variance: is a grant of relief from the requirements of this Ordinance which permits construction in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.

Warehouse (mini or self-storage): A building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized, and controlled-access stalls or lockers for the storage of customer's goods or wares.

Yard: An open space on the same lot with a building unoccupied and obstructed from the ground upward, except by trees, plants, shrubbery, walls, fences, ornaments, utility poles and wires, dog houses, outdoor furniture, swimming pool, accessory buildings, gas pumps, pump islands, signs (where permitted), tanks, and similar things merely accessory to the main building or the permitted use thereof.

Yard, Front: A yard across the full width of the lot, extending from the front line of the building, including porches, to the front line of the lot.

Yard, Side: An open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot where no rear yard is required.

Yard, Rear: A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

(as added by Ord. #306Ord. #306, Feb. 2024)