For the purpose of this Title certain terms or words used herein shall be interpreted as follows, and words not defined herein shall be given the meaning ordinarily applied to such words:

   (A)   The word "person" includes a firm, association, organization, partnership, trust, company, political subdivision or corporation, as well as an individual;

   (B)   The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular; the female gender includes the neuter and male, the male gender includes the female and neuter and the neuter includes the male and female;

   (C)   The word "shall" is a mandatory requirement, the word "may" is permissive usage and the word "should" is a preferred usage;

   (D)   The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied";

   (E)   A word or term which is not specifically defined by this Ordinance has its common ordinary meaning as indicated by the context in which it is used.

ACCESSORY BUILDING USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or to the main use.

ACREAGE: Any tract or parcel of land which has not been subdivided or platted.

ALLEY: A street or way shown on the official plat of the Municipality of its additions and designated thereon as an alley.

APARTMENT: A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.

AUTOMOBILE: A motor vehicle.

AUTOMOBILE, MOTOR VEHICLE or EQUIPMENT REPAIR: The repair, rebuilding or reconditioning of motor vehicles or equipment repair or parts thereof, including collision service painting and steam cleaning of vehicles.

AUTOMOBILE SERVICE STATION: An establishment where automotive fuels are sold at retail; however, where the sale of such is only incidental the establishment or premises shall be classified as a public garage.

AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER and FARM IMPLEMENT SALES: The sale or rental of new and used motor homes, motor vehicles, travel trailers or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.

AUTOMOTIVE, WRECKING YARD: Any use of premises, excluding fully enclosed buildings, whereon more than two motor vehicles not in operating condition are standing sixty (60) days or more on which such used motor vehicles or parts thereof, are dismantled or stored.

BASEMENT: A story partially or wholly underground. Where more than one-half (1/2) of its height is above the average level of the adjoining ground, a basement shall be counted as a story for purpose of height measurement.

BILLBOARD: Any structure or portion thereof upon which are placed signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or a sign advertising the sale or lease of the premises on which the sign is located.

BOARDING HOUSE: A building other than a hotel or restaurant, where meals are provided for compensation for four (4) or more persons, but not exceeding twelve (12) persons.

BUILDING: Any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.

BUILDING AREA: The building area of a lot is the space remaining after adherence to the minimum open space requirements of this Title.

BUILDING HEIGHT: The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING LINE: For the purpose of this Title the building line is the same as a front yard set back line.

CAR PORT: A structure attached or made a part of the main structure which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor driven vehicles.

COMMISSION: The duly appointed Zoning Commission or the City Council, if no appointment has been made.

CONDITIONAL USE: A nonprincipal use permitted within a district, requiring a permit and approval of the City.

COURT: An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.

CURB GRADE: The established elevation of the curb measured at the center of the front of a building. Where no curb grade has been established, the governing body shall establish such curb level or its equivalent for the purpose of this Title.

DISTRICT: A section or sections of the incorporated area of the

Municipality for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.

DWELLING: A building or portion thereof, but not an automobile house trailer, designed exclusively for residential occupancy, including one family, two (2) family and multiple dwellings, but not including hotels, boarding and lodging houses.

DWELLING, MULTIPLE: A building or portion thereof designed for occupancy by three (3) or more families living independently of each other.

DWELLING, ONE FAMILY: A detached building designed exclusively for occupancy by one family.

DWELLING, ROW: A row of three (3) to six (6) attached one family dwelling, not more than two and one-half (21/2) stories in height, nor more than two (2) rooms deep.

DWELLING, TWO (2) FAMILY: A building designed exclusively for occupancy by two (2) families living independently of each other.

DWELLING UNIT: One or more rooms in a dwelling or apartment hotel designed primarily for occupancy by one family for living or sleeping purposes.

ESTABLISHED GRADE: The sidewalk line grade at the front lot line as established by the Engineer.

FAMILY: An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons living together as a single housekeeping unit in a dwelling unit.

FRONTAGE: All property on one side of a street between two (2) intersecting streets, or natural barriers.

GARAGE, PRIVATE: An accessory building for the storage of not more than three (3) motor driven vehicles of which not more than one shall be a commercial vehicle of not more than two (2) ton capacity.

GARAGE, PUBLIC: A building other than a private garage used for the care, repair or equipment of automobiles, or for vehicles parked or stored for remuneration, hire or sale.

GUESTHOUSE: A structure for human habitation, containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit.

HOME OCCUPATION: Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided that no article is sold or offered for sale except as may be produced on the premises by members of the immediate family. Clinics, doctor's offices, hospitals, barber shops, beauty parlors, dress shops, millinery shops, real estate offices, tea rooms, tourist homes, animal hospitals and kennels, among others shall not be deemed to be home occupation.

HOSPITAL OR SANITARIUM: An institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

HOTEL: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guestrooms, and in which no provisions are made for cooking in any individual room or suite.

INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public or semipublic use.

KENNEL: Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept.

LABORATORY: A place devoted to experimental study such as testing and analyzing. Manufacturing of a product is not to be permitted within this definition.

LOADING SPACE: An off street space or area on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

LODGING HOUSE: A building with not more than five (5) guestrooms where lodging is provided for compensation pursuant to previous arrangements, but not open to public or transients.

LOT: A parcel or plot of land occupied or suitable for occupancy by one main building or use, with accessory buildings, including the open spaces required by this title, and having its principal frontage upon a public street or highway.

LOT, CORNER: A lot situated at the intersection of two (2) or more streets.

LOT DEPTH: The horizontal distance between the front and rear lot lines.

LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public street; and for a corner lot the front shall be the shorter lot boundary along a street.

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

LOT WIDTH: The horizontal distance between the side lot lines.

MINISTORAGE: Any number of individual storage units, not exceeding five hundred (500) square feet each, whether standing alone or separated from other similar units by a common wall, which units are intended to be rented to the public on an individual basis and which are designed primarily for storage of household or personal belongings but not for human habitation. Certain areas of a ministorage facility may be open or covered with a roof only for storage of boats or recreational vehicles. Any and all small items shall be stored inside and no ministorage shall become a junkyard, a dismantling yard, or an area where trash, garbage, debris or junk is allowed to accumulate. All ministorages shall be completely fenced at a minimum with an eight foot (8') high, chainlink fence.

MOBILE HOME: A detached single-family dwelling unit with all of the following characteristics:

   (A)   Designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;

   (B)   Designed to be transported after fabrication on its own wheels, or a flatbed or other trailers or detached wheels;

   (C)   Arriving at the site where it is to be occupied as a dwelling, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, such as location on foundation supports, connection to utilities and the like.

MOBILE HOME COURT: Any site or tract of land whereupon two (2) or more mobile homes or travel trailers are placed, located and maintained for dwelling purposes on a temporary basis.

MOBILE HOME PARK: Any site or tract of land upon which two (2) or more mobile homes are parked on a permanent or semipermanent basis, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.

MOBILE HOME SUBDIVISION: Any parcel of land which may be divided or proposed to be divided in accordance with the definition of "subdivision", whereupon one or more mobile homes shall be placed.

MODULAR HOME: A dwelling unit which is fabricated in one or more sections at a location other than the home site, by assembly line production techniques or by other construction methods unique to an off site manufacturing process. The modular home shall be distinguished from a mobile home in the foundation system. A modular home shall be constructed so the foundation support runs along the outer perimeter of the structure. A mobile home shall be mounted on a chassis running the length of the unit with the outer walls cantilevered from the chassis or supported by the chassis rather than by a foundation running along the perimeter of the unit.

NONCONFORMING USE: Any building structure or land lawfully occupied by a use or lawful situation which does not conform to the regulations of this title.

NURSING HOME OR REST HOME: A private hospital for the care of children, or the aged or infirmed or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

PARKING AREA, PRIVATE: An open area for the parking of privately owned automobiles and not for public use.

PARKING AREA, PUBLIC: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers.

PARKING SPACE: An area, enclosed or unenclosed, which has adequate access to a public street or alley, sufficient in size to store one automobile.

PERMIT: A document issued by the administrator authorizing the use of land and structures, and the characteristics of the uses.

PORCH: A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open in part to the weather.

SIGNS, OUTDOOR ADVERTISING: A sign of any type or material, installed any place for outdoor advertising purposes.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between such floor and the ceiling next above.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include, but are not limited to, buildings, mobile homes, walls, fences and billboards. "Structure" shall include the word "building"; and the word lot shall include the word "plot".

STRUCTURE ALTERATIONS: Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

TERRACE, OPEN: A level and rather narrow plain or platform, which for purposes of this title is located adjacent to one or more faces of the main structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.

TOURIST COURT: A group of attached or detached buildings, including auto courts, motels or motor lodges, containing individual sleeping or living units, designed for or used by tourists or transients, with garage attached or parking space conveniently located to each unit.

TOURIST HOME: A dwelling in which overnight accommodations are provided or offered for transient guests.

TRAILER CAMP, AUTOMOBILE: Any premises occupied or designed to accommodate more than one automobile house trailer.

USE: The purpose for which land or a building is intended, designed, arranged or maintained.

YARD: An open space unoccupied and unobstructed from the ground upward, on the same lot with a main building, except as otherwise provided in this title.

YARD, FRONT: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

YARD, REAR: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

YARD, SIDE: That part of the yard lying between the main building and a side lot line, and extending from the required front yard or from the front lot line, if there is no required front yard, to the required rear yard. (Ord., 5-7-1984; amd. Ord. 222, 7-6-1995; Ord. 277, 9-16-2002)