Lanark City Zoning Code
ARTICLE 2
RULES AND DEFINITIONS
10-2-1: RULES FOR CONSTRUCTION OF LANGUAGE
The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules and definitions, except when the context clearly indicates otherwise.
A. Words used in the present tense shall include the future.
B. Words used in the singular shall include the plural and the plural the singular.
C. The word "shall" is mandatory and not discretionary.
D. The word "may" is permissive.
10-2-2: DEFINITIONS
ACCESSORY BUILDING OR USE: Any subordinate building or use which is customary incident to the principal building or use and which is located on the same lot as such principal building or use.
AGRICULTURE: The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of domestic animals and fowl.
ALLEY: A public right of way usually sixteen feet to twenty feet (16' to 20') in width which normally affords a secondary means of access to abutting property.
BUILDING, NONCONFORMING: A building so constructed or so located on a lot that it does not comply with the building requirements or with the minimum lot requirements of the district within which it is located.
COMMERCE: An enterprise that involves the offering of a product, service or entertainment for compensation.
DWELLING: A building, or portion thereof, designed or used predominantly for residential occupancy, including one-family dwellings, two-family dwellings, and multiple family dwellings, but not including hotels, motels, boarding or rooming houses, tourist homes or mobile homes.
DWELLING, ATTACHED: One which is joined to another dwelling or building at one or more sides by a party wall or walls.
DWELLING, DETACHED: One which is entirely surrounded by open space on the same lot.
DWELLING UNIT: One or more rooms containing complete kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one family and for not more than an aggregate of two (2) roomers or boarders.
DWELLING, ONE-FAMILY: A residential structure containing one dwelling unit only.
DWELLING, TWO-FAMILY (DUPLEX): A residential structure containing two (2) dwelling units only.
DWELLING, MULTIPLE-FAMILY (APARTMENT BUILDING): A building or portion thereof containing three (3) or more dwelling units but not including a motel, hotel or rooming house.
EFFICIENCY UNIT: A dwelling unit with one primary room which doubles as a living room, dining room and bedroom.
ESTABLISHMENT, COMMERCIAL: A place of business carrying on operations which involve the offering of a product, service or entertainment for compensation.
FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings. In particular, "floor area" shall include:
A. Basement space if at least one-half (1/2) of the basement story is above established curb level, or where the curb level has not been established, above the average level of the finished grade.
B. Elevator shafts and stairwells at each floor.
C. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet (7 1/2'), except equipment open or enclosed, located on the roof, i.e., bulk needs, water tanks and cooling towers.
D. Attic floor space where the structural headroom exceeds seven and one-half feet (7 1/2').
E. Interior balconies and mezzanines.
F. Enclosed porches, but not terraces and breezeways.
G. Accessory uses, other than floor space devoted exclusively to accessory off- street parking or loading.
HOME OCCUPATION: An occupation carried on by the occupant of a dwelling in a residential district as a secondary use including but not limited to such occupations as dressmaking and alterations and artist's studio.
SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this ordinance, any revolving, illuminated sign shall be considered a "flashing sign".
SIGN, ROOF: A sign erected upon the roof of any building.
STORY: That part of a building between the surface of a floor and the ceiling immediately above.
STREET, ARTERIAL: A street which provides for the movement of relatively heavy traffic to, from or within the City. It has a secondary function of providing access to abutting land. An arterial street system is designated on Lanark Comprehensive Plan.
STREET, COLLECTOR: A street which collects and distributes internal traffic within an urban area such as a residential neighborhood, between arterial and local streets. It provides access to abutting property.
STREET, LOCAL: A street of little or no continuity, designed to provide access to abutting property and ideally leading into collector street.
TOXIC MATTER or MATERIAL: Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRAVEL TRAILER: A vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation and vacation uses.
USE: The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORY: A use subordinate to the principal use of building on the same lot and customarily incidental thereto as well as detached therefrom.
USE, INCOMPATIBLE: A use which is incapable of direct association with certain other uses because it is contradictory, incongruent or discordant.
USE, NONCONFORMING: Any lawfully established use of a building or premise which on the effective date of this Chapter does not comply with the use regulations of the zoning district in which such building or premises is located.
USE, PERMITTED: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such district.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.
USE, SPECIAL: A use, either public or private, which because of the unique characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration in each case, of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, such "special" use may or may not be granted.
YARD: An open space on a lot which is unobstructed from the lowest level to the sky, except as hereinafter permitted. A yard extends along a lot line and at right angles to such lot lines to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines.
YARD, REAR: The portion of the yard on the same lot with the building between the rear line of the building and the rear line of the lot for the full width of the lot.
YARD, SIDE: A yard extending along a side lot line between the front and rear yards.
ZONING DISTRICT: An area or areas for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
ZONING MAP: The map setting forth the boundaries of the zoning districts of the Municipality, which map is a part of this Chapter.