A.   Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural the singular, where the context requires.

   B.   The word "may" is permissive.

   C.   The word "shall" is mandatory and not discretionary.

   D.   The word "lot" shall include the words "piece", "parcel" and "tract", and the phrase "used for" shall include the phrases "arranged for", "assigned for", "maintained for" and "occupied for".

   E.   All measured distances shall be to the nearest integral foot; if a fraction is one-half foot (1/2') or less, the integral foot next below shall be taken.

   F.   Any word not defined in this section shall be construed in its general accepted meaning, as defined in the most recent publication of Webster's Dictionary.

   G.   The words and terms set forth in this section, wherever they occur in this title, shall be interpreted as herein defined.

ACCESSORY BUILDING: A subordinate building or structure attached to or detached from the main building located in and occupying more than thirty percent (30%) of the rear yard adjoining the main building, the use of which is incidental to that of the main building. No accessory building shall be constructed unless and until the main building has been erected on the premises.

BOARDING HOUSE (ROOMING OR LODGING HOUSE): A residential building or portion thereof, other than a motel, apartment hotel or hotel, containing lodging rooms for accommodations of three (3) or more persons who are not members of the keeper's family, and where lodging or meals, or both, are provided by prearrangement and for definite periods, at a definite prearranged price.

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, equipment, machinery or materials.

BUILDING HEIGHT: The vertical distance measured from the mean elevation of the finished lot grade along the front yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, hip and pitch roofs; or to the deck line of mansard roofs.

COMPREHENSIVE PLAN: The extensively developed and evolving plan, also called a master plan, adopted by the planning commission 1 .

CONSERVATION: Preservation of land, water, flora, fauna and cultural artifacts in their original state.

CONSUMER SERVICE: Sale of any service to individual customers for their own personal benefit, enjoyment or convenience. For example, consumer services include the provision of personal services such as beautician and barbering services, the provision of lodging, entertainment, specialized instruction, financial services, transportation, laundry and dry cleaning services, and all other similar services.

DWELLING: A building designated for residential living purposes and containing one or more dwelling units and/or lodging units.

DWELLING, MULTI-FAMILY: A dwelling containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit.

DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units with one dwelling unit arranged on the same story or stories above the other dwelling unit.

DWELLING UNIT: One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and no more than two (2) roomers or boarders, and which contain a stove, sink and other kitchen facilities.

ESSENTIAL SERVICES: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, pumps, lift stations, hydrants, etc., but not including buildings.

FAMILY: Two (2) or more persons related to each other by blood, marriage or legal adoption, living together as a single housekeeping unit; or a group of not more than three (3) persons, who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit; in either case, exclusive of usual domestic servants.

FLOOR AREA: The sum of the gross floor area for each of the several stories under a roof measured from the exterior limits or faces of a building or structure. Areas below grade and attached accessory structures are not included.

GARAGE, PRIVATE: An accessory building or an accessory portion of a principal building enclosed on at least three (3) sides which is intended for and used to store a private passenger motor vehicle, and no more than one three-fourths (3/4) ton or lesser sized truck.

GRADE: The highest level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

HOME OCCUPATION, PROFESSIONAL: Any business or profession carried on by a member of the immediate family residing on the premises, in connection with which: a) there are no signs, other than a permitted nameplate when attached to a principal building, and no activity that will indicate from the exterior that the building is being used in whole or in part for any purpose other than that of dwelling; b) there are no commodities sold or services rendered that require receipt and delivery of merchandise, goods or equipment by other than a passenger motor vehicle, or by first class mail; and c) no one outside the home may be employed.

JUNKYARD: Any land or structure used for salvaging operations including, among other things, the storage and sale of wastepaper, rags, scrap metal and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.

LIGHT INDUSTRY: Light industrial, office and administrative offices having few, if any, adverse effects on neighboring properties. All processing and storage shall take place within completely enclosed buildings.

LOADING AREA: A completely off street space or berth on the same lot for the loading and unloading of freight carriers having adequate ingress and egress to a public street or alley.

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suite of rooms, each room providing sleeping accommodations shall be counted as one lodging room.

LOT: A single parcel of land which may be legally described as such or two (2) or more adjacent numbered lots or parts of such lots in a recorded subdivision plat having principal frontage on a street which comprises a site occupied by or intended for occupancy by one principal building or principal use, together with accessory buildings and uses, yards and other open spaces required by this title.

LOT, CORNER: A lot abutting on two (2) streets at their juncture, when the interior angle formed is less than one hundred thirty five degrees (135°).

LOT, INTERIOR: A lot other than a corner lot.

LOT LINES AND AREA: The peripheral boundaries of a parcel of land, and the total area lying within such boundaries.

LOT, RECORDED: A lot designated on a subdivision plat or deed duly recorded pursuant to statute in the county recorder's office. A recorded lot may not coincide with a zoning lot.

LOT WIDTH: The width of a parcel of land measured at the rear of the specified street yard.

LOT, ZONING: A parcel of land composed of one or more recorded lots occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory buildings or uses, meeting all the requirements for area, building area, frontage, width, yards, setback and any other requirements set forth in this title.

MOBILE HOME: A movable or portable unit designed and constructed to be connected to utilities for year round occupancy and to provide complete, independent living facilities including provisions for cooking, sleeping and sanitation. The term includes units containing parts that may be collapsed or telescoped when being towed and then be expanded to provide additional cubic capacity, and units composed of two (2) or more separately towable components being designed to be joined into an integral unit capable of being separated again into components for repeated towing. Removal of wheels, towing devices or any other alteration does not qualify a mobile home as a conventional single-family dwelling unless such alterations enable it to meet the international building code, 2006 edition.

MOTEL: An establishment consisting of a group of lodging rooms, each with individual bathroom, and designed for use by transient guests. A motel furnishes customary hotel services such as maid services and laundering of linens used in the lodging rooms, telephone and secretarial or desk service, and the use and upkeep of furniture.

NONCONFORMING STRUCTURE: A building or structure or portion thereof, lawfully existing on the effective date hereof, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

NONCONFORMING USE: A use which lawfully occupied a building or land on the effective date hereof, and which does not conform with the use regulations of the district in which it is located.

NONRETAIL COMMERCIAL: Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. For example, nonretail commercial includes wholesale activities, warehousing, trucking terminals, and similar commercial enterprises.

NURSING HOME OR REST HOME: A home for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

OPEN SALES LOT: Land used or occupied for the purpose of buying or selling merchandise stored or displayed outside a building prior to sale. Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, monuments and trailers.

PARKING SPACE: A graded, all weather surface area of not less than two hundred (200) square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

PERFORMANCE STANDARDS: Criteria established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards or glare or heat generated by or inherent in uses of land or buildings.

PLANNED DEVELOPMENT: A parcel or tract of land initially under single ownership or control, which contains two (2) or more principal buildings and one or more principal uses, planned and constructed as a unified development.

RETAIL SALES: Sale of any product or merchandise to customers for their own personal consumption or use, not for resale.

SANITARY LANDFILL: A method of disposing of refuse by spreading and covering such refuse with earth to a depth of two feet (2') or more on the top surface and one foot (1') or more on the sides of the bank.

SERVICE STATION, FILLING STATION, GAS STATION: Any building or premises which is used for the dispensing, sale or offering for sale, at retail, of any motor vehicle fuel or oils. Open storage shall be limited to no more than four (4) vehicles stored for minor repair bearing current license plates. Such storage shall not exceed seventy two (72) hours' duration and shall not permit the storage of wrecked vehicles.

SETBACK, BUILDING: The minimum horizontal distance between the front lines of a building or structure and the front lot lines.

SIGNS: Any words, letters, figures, numerals, phrases, sentences, emblems, services, designs, trade names or trademarks by which information is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product, and which are visible from any public street, highway or pedestrianway.

STRUCTURAL ALTERATIONS: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior walls.

STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. A sign, billboard or other advertising device detached or projecting shall be construed to be a structure.

THOROUGHFARE: A street with a high degree of continuity which serves as an intrastate, an intracounty or interstate highway, or as an arterial trafficway between various major points of origin-destination. It affords a primary means of access to abutting properties except from thoroughfares classified as freeways or other limited access routes not containing frontage roads.

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 and located on the same premises serving a purpose customarily incidental to the principal use. Residential accessory uses may include storage of household goods, parking areas, gardening, servants' quarters, private swimming pools, private emergency shelters, satellite receiver dish antennas and microwave receiver dish antennas.

USE, CONDITIONAL: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.

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. It may be either a permitted or conditional use.

UTILITIES: Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise provided in this title.

YARD, CORNER SIDE: A side yard which adjoins a street or thoroughfare.

YARD, FRONT (SETBACK): A yard which is bounded by the side lot lines, front lot lines and the front yard line.

YARD, INTERIOR SIDE: A side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.

YARD, REAR (SETBACK): A yard which is bounded by side lot lines, the rear lot line and the rear yard line.

YARD, SIDE (SETBACK): A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line. (Ord., 8-24-1974; amd. 2010 Code)