- IN GENERAL
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory use or structure means a use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.
Agriculture means the use of land for agricultural purposes, including necessary buildings and structures which shall be used for agriculture including, but not limited to, farming, dairying, pasturage, horticulture, floriculture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
Airport means any area of land or water which is used or intended for use for the landing and taking off of aircraft; and any accessory areas which are used or intended for use for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.
Alley means a public or private way less than 21 feet in width affording secondary means of access to abutting property.
Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; and vehicle steam cleaning.
Automobile repair, minor, means minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor service to passenger automobiles and trucks, but not including any operation specified under the term "automobile repair, major."
Automobile wrecking yard means any area of land where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such motor vehicles, or parts thereof, not in running condition.
Basement means a story having part but not more than 50 percent of its height below the average grade of the adjoining ground (as distinguished from a "cellar"). A basement shall be counted as a story for purposes of height measurement.
Building means any structure for the shelter or enclosure of persons, animals or chattels.
Cellar means a story having 50 percent or more of its height below the average grade of the adjoining ground. A cellar shall be counted as a story, for purposes of height measurement, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
Dwelling means a building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including a tent.
Essential services means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
Family means one or more persons related by blood, marriage or adoption, together with domestic servants, maintaining a common household in a dwelling.
Floodplain means that continuous area, adjacent to a stream or streambed or other natural drainage channels or areas, which is low-lying, difficult to drain or subject to flood.
Garage, private, means a detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises.
Height means, in the case of a wall, or part of a building, the vertical distance from the average established curb grade in front of the lot or from the average finished grade at the building line, if higher, to the average height of the top of the cornice of a flat roof, or roofline, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.
Highway orprimary thoroughfare means an officially designated federal or state numbered highway or other road designated as a highway or primary thoroughfare on the transportation plan as officially adopted and amended from time to time by the county regional planning commission and the county board of supervisors.
Junkyard means an open area or fenced-in enclosure, where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. The term "junkyard" includes an automobile wrecking yard, but does not include uses established entirely within enclosed buildings.
Land use plan means the comprehensive long-range plan for the desirable use of land in the county, as officially adopted and as amended from time to time by the planning commission and/or county/municipal government; the purpose of such plan being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing county needs, in the subdividing and use of undeveloped land, and in the acquisition of land for such public purposes as streets, parks, schools and other public buildings or public uses.
Lot means a parcel of land, abutting on a street, whose area, in addition to the parts thereof occupied or hereafter to be occupied by a building and its accessory buildings, is sufficient to provide the yards and courts required by the regulations of this chapter.
Lot area means the horizontal area within the lot lines of the lot.
Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
Lot depth means the mean horizontal distance between the front and rear lot lines.
Lot width means the mean horizontal distance across the lot between side lot lines at the building line measured at right angles to the depth.
Mobile home means a mobile type of single-family residence regulated by the federal department of housing and urban development in compliance with national manufactured home construction and safety standards and defined as a structure transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, and when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Modular dwelling means a single-family manufactured housing unit regulated by the state department of public health under the authority of the state manufactured housing and mobile home safety act and defined as a building, assembly or system of building subassemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation on the building site with a permanent foundation.
Motor fuel station means a place where minor automobile repair is conducted and where gasoline, diesel oil, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling and the sale of automobile accessories on the premises.
Nonconforming use means a building, structure or premises lawfully occupied at the time of the enactment of the regulations by a use that does not conform with the provisions of this chapter for the district in which it is located; also, such use resulting from changes in zoning districts or in textual provisions made hereafter.
Parking area, accessory, means an area of one or more parking spaces located on the same property as the building, structure or premises it is intended to serve, or on adjoining or nearby property other than the public right-of-way, and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.
Permanent foundation means a closed perimeter formation consisting of materials such as concrete or concrete block which extends into the ground below the frost line.
Scenic route means the roadway and adjacent corridor as viewed from a road or highway designated as a scenic route by the state or the county regional planning commission.
Sign means any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency.
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor, provided that for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.
Story, half, means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.
Street, road, means any public way set aside as a permanent right-of-way for vehicular or pedestrian access 21 feet or more in width if it existed at the time of the effective date of the ordinance from which this chapter is derived; and any such public way created after the effective date of the ordinance from which this chapter is derived, provided it is 50 feet or more in width.
Structural alteration means any change in the supporting members of a building including, but not limited to, bearing walls, load-bearing partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed, the use of which requires permanent location on the ground, or permanently attached to something having permanent location on the ground. The term "structure" shall specifically include, but shall not be limited to, swimming pools and satellite dish antennas.
Trailer or trailerhome means any structure transportable in one or more sections and which is built on a permanent chassis and designed to be used as a permanent or temporary dwelling which does not otherwise come within the definition of "mobile home" in this section. The term "trailer" or "trailer home" shall include, without limitation, any camper, trailer, bus or other mobile vehicle designed, manufactured or modified for camping or mobile living.
Yard, front, means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as herein specified. A corner lot shall have two front yards.
Front yard, least depth, means the shortest distance, measured horizontally, between any part of a building, other than such parts as herein excepted, and the front lot line.
Yard, rear, means an open space extending the full width of a lot between a building or structure and the rear lot line, unoccupied and unobstructed from the ground upward, except as herein specified.
Rear yard, least depth, means the shortest distance, measured horizontally, between any part of a building or structure, other than such parts as herein excepted, and the rear lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten feet in length entirely within the lot, parallel to and a maximum distance from the front lot line shall be considered the rear lot line.
Yard, side, means an open space extending from the front yard to the rear yard between a building or structure and the side lot line, unoccupied and unobstructed from the ground upward, except as herein specified.
Side yard, least width, means the shortest distance, measured horizontally, between any part of a building or structure, other than such parts as herein excepted, and the nearest side lot line.
(Code 1978, § 5-1-1; Ord. No. 409, 7-11-1978; Ord. No. 507, 4-9-1985; Ord. No. 513, 8-13-1985; Ord. No. 610, 4-9-1996; Ord. No. 693, 11-16-2004)
- IN GENERAL
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory use or structure means a use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.
Agriculture means the use of land for agricultural purposes, including necessary buildings and structures which shall be used for agriculture including, but not limited to, farming, dairying, pasturage, horticulture, floriculture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
Airport means any area of land or water which is used or intended for use for the landing and taking off of aircraft; and any accessory areas which are used or intended for use for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.
Alley means a public or private way less than 21 feet in width affording secondary means of access to abutting property.
Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; and vehicle steam cleaning.
Automobile repair, minor, means minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor service to passenger automobiles and trucks, but not including any operation specified under the term "automobile repair, major."
Automobile wrecking yard means any area of land where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such motor vehicles, or parts thereof, not in running condition.
Basement means a story having part but not more than 50 percent of its height below the average grade of the adjoining ground (as distinguished from a "cellar"). A basement shall be counted as a story for purposes of height measurement.
Building means any structure for the shelter or enclosure of persons, animals or chattels.
Cellar means a story having 50 percent or more of its height below the average grade of the adjoining ground. A cellar shall be counted as a story, for purposes of height measurement, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
Dwelling means a building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including a tent.
Essential services means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
Family means one or more persons related by blood, marriage or adoption, together with domestic servants, maintaining a common household in a dwelling.
Floodplain means that continuous area, adjacent to a stream or streambed or other natural drainage channels or areas, which is low-lying, difficult to drain or subject to flood.
Garage, private, means a detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises.
Height means, in the case of a wall, or part of a building, the vertical distance from the average established curb grade in front of the lot or from the average finished grade at the building line, if higher, to the average height of the top of the cornice of a flat roof, or roofline, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.
Highway orprimary thoroughfare means an officially designated federal or state numbered highway or other road designated as a highway or primary thoroughfare on the transportation plan as officially adopted and amended from time to time by the county regional planning commission and the county board of supervisors.
Junkyard means an open area or fenced-in enclosure, where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. The term "junkyard" includes an automobile wrecking yard, but does not include uses established entirely within enclosed buildings.
Land use plan means the comprehensive long-range plan for the desirable use of land in the county, as officially adopted and as amended from time to time by the planning commission and/or county/municipal government; the purpose of such plan being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing county needs, in the subdividing and use of undeveloped land, and in the acquisition of land for such public purposes as streets, parks, schools and other public buildings or public uses.
Lot means a parcel of land, abutting on a street, whose area, in addition to the parts thereof occupied or hereafter to be occupied by a building and its accessory buildings, is sufficient to provide the yards and courts required by the regulations of this chapter.
Lot area means the horizontal area within the lot lines of the lot.
Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
Lot depth means the mean horizontal distance between the front and rear lot lines.
Lot width means the mean horizontal distance across the lot between side lot lines at the building line measured at right angles to the depth.
Mobile home means a mobile type of single-family residence regulated by the federal department of housing and urban development in compliance with national manufactured home construction and safety standards and defined as a structure transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, and when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Modular dwelling means a single-family manufactured housing unit regulated by the state department of public health under the authority of the state manufactured housing and mobile home safety act and defined as a building, assembly or system of building subassemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation on the building site with a permanent foundation.
Motor fuel station means a place where minor automobile repair is conducted and where gasoline, diesel oil, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling and the sale of automobile accessories on the premises.
Nonconforming use means a building, structure or premises lawfully occupied at the time of the enactment of the regulations by a use that does not conform with the provisions of this chapter for the district in which it is located; also, such use resulting from changes in zoning districts or in textual provisions made hereafter.
Parking area, accessory, means an area of one or more parking spaces located on the same property as the building, structure or premises it is intended to serve, or on adjoining or nearby property other than the public right-of-way, and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.
Permanent foundation means a closed perimeter formation consisting of materials such as concrete or concrete block which extends into the ground below the frost line.
Scenic route means the roadway and adjacent corridor as viewed from a road or highway designated as a scenic route by the state or the county regional planning commission.
Sign means any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency.
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor, provided that for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.
Story, half, means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.
Street, road, means any public way set aside as a permanent right-of-way for vehicular or pedestrian access 21 feet or more in width if it existed at the time of the effective date of the ordinance from which this chapter is derived; and any such public way created after the effective date of the ordinance from which this chapter is derived, provided it is 50 feet or more in width.
Structural alteration means any change in the supporting members of a building including, but not limited to, bearing walls, load-bearing partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed, the use of which requires permanent location on the ground, or permanently attached to something having permanent location on the ground. The term "structure" shall specifically include, but shall not be limited to, swimming pools and satellite dish antennas.
Trailer or trailerhome means any structure transportable in one or more sections and which is built on a permanent chassis and designed to be used as a permanent or temporary dwelling which does not otherwise come within the definition of "mobile home" in this section. The term "trailer" or "trailer home" shall include, without limitation, any camper, trailer, bus or other mobile vehicle designed, manufactured or modified for camping or mobile living.
Yard, front, means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as herein specified. A corner lot shall have two front yards.
Front yard, least depth, means the shortest distance, measured horizontally, between any part of a building, other than such parts as herein excepted, and the front lot line.
Yard, rear, means an open space extending the full width of a lot between a building or structure and the rear lot line, unoccupied and unobstructed from the ground upward, except as herein specified.
Rear yard, least depth, means the shortest distance, measured horizontally, between any part of a building or structure, other than such parts as herein excepted, and the rear lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten feet in length entirely within the lot, parallel to and a maximum distance from the front lot line shall be considered the rear lot line.
Yard, side, means an open space extending from the front yard to the rear yard between a building or structure and the side lot line, unoccupied and unobstructed from the ground upward, except as herein specified.
Side yard, least width, means the shortest distance, measured horizontally, between any part of a building or structure, other than such parts as herein excepted, and the nearest side lot line.
(Code 1978, § 5-1-1; Ord. No. 409, 7-11-1978; Ord. No. 507, 4-9-1985; Ord. No. 513, 8-13-1985; Ord. No. 610, 4-9-1996; Ord. No. 693, 11-16-2004)