For the purpose of this chapter, certain terms or words are used in a limited or special sense, as herein defined. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word "shall" is mandatory and not directory.

(Code 1990, § 16-1; Ord. No. 93-1658, § 2(1.0), 4-19-1993)

Accessory use or structure means a use or structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.

(Code 1990, § 16-2; Ord. No. 93-1658, § 2(1.1), 4-19-1993)

Alley means a public way less than 20 feet in width affording secondary means of access to abutting property.

(Code 1990, § 16-3; Ord. No. 93-1658, § 2(1.2), 4-19-1993)

Automobile repair means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; over-all painting or paint shop; vehicle steam cleaning.

(Code 1990, § 16-4; Ord. No. 93-1658, § 2(1.3), 4-19-1993)

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 the purpose of height measurement.

(Code 1990, § 16-5; Ord. No. 93-1658, § 2(1.4), 4-19-1993)

Building means any structure for the shelter or enclosure of persons, animals or personal property.

(Code 1990, § 16-6; Ord. No. 93-1658, § 2(1.5), 4-19-1993)

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.

(Code 1990, § 16-7; Ord. No. 93-1658, § 2(1.6), 4-19-1993)

Communications antenna means a free standing structure, 50 feet or less in height, or an apparatus located on an existing structure, designed to transmit or receive telephone, personal wireless service, radio or television communications, as authorized by the Federal Communications Commission.

(Code 1990, § 16-7.4; Ord. No. 97-1827, § 1, 12-2-1997)

Communication tower means a structure greater than 50 feet in height and which does not exceed 150 feet in height (including antenna) which supports communication (transmission or receiving) equipment or a communication antenna.

(Code 1990, § 16-7.7; Ord. No. 97-1827, § 2, 12-2-1997)

Dwelling means a building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not to include a tent, cabin, trailer or trailer coach, or a room in a hotel or motel.

(Code 1990, § 16-8; Ord. No. 93-1658, § 2(1.7), 4-19-1993)

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.

(Code 1990, § 16-9; Ord. No. 93-1658, § 2(1.8), 4-19-1993)

Family means one or more persons related by blood, marriage or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household.

(Code 1990, § 16-10; Ord. No. 93-1658, § 2(1.9), 4-19-1993)

Private garage means a detached accessory building or portion of a principal building used for the storage of a self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one truck of a rated capacity not exceed 1½ tons.

(Code 1990, § 16-11; Ord. No. 93-1658, § 2(1.10), 4-19-1993)

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.

(Code 1990, § 16-12; Ord. No. 93-1658, § 2(1.11), 4-19-1993)

Highway or primary thoroughfare means an officially designated federal or state numbered highway or other road designated as a highway or major arterial on the major street plan as official adopted and amended from time to time by the planning commission.

(Code 1990, § 16-13; Ord. No. 93-1658, § 2(1.12), 4-19-1993)

Land use plan means the comprehensive long-range plan for the desirable use of land in the community as officially adopted and as amended from time to time by the planning commission; 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 community 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.

(Code 1990, § 16-14; Ord. No. 93-1658, § 2(1.13), 4-19-1993)

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 this chapter.

(Code 1990, § 16-15; Ord. No. 93-1658, § 2(1.14), 4-19-1993)

Lot area means the horizontal area within the lot lines of the lot.

(Code 1990, § 16-16; Ord. No. 93-1658, § 2(1.15), 4-19-1993)

Lot depth means the mean horizontal distance between the front and rear lot lines.

(Code 1990, § 16-17; Ord. No. 93-1658, § 2(1.16), 4-19-1993)

Lot width means the mean horizontal distance across the lot between the side lot lines at the building line measured at right angles to the depth.

(Code 1990, § 16-18; Ord. No. 93-1658, § 2(1.17), 4-19-1993)

Corner lot means a lot of which at least two adjacent sides abut for their full lengths upon a dedicated public street.

(Code 1990, § 16-19; Ord. No. 93-1658, § 2(1.14.1), 4-19-1993)

Motor fuel station means a place 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.

(Code 1990, § 16-20; Ord. No. 93-1658, § 2(1.18), 4-19-1993)

Nonconforming use means a building, structure or premises:

(1)

Lawfully occupied at the time of the enactment of the ordinance from which this chapter is derived by a use that does not conform with the provisions of this chapter for the district in which it is located;

(2)

Lawfully occupied at the time of annexation of the tract upon which the building, structure or premises is located and occupied by a use that does not conform with the provisions of this chapter for the district applied upon annexation; or

(3)

In a lawfully occupied use which fails to continue to be lawful and such failure results from changes in zoning districts or in textual provisions made to this chapter.

(Code 1990, § 16-21; Ord. No. 93-1658, § 2(1.19), 4-19-1993; Ord. No. 2005-2144, § 1, 9-20-2005)

Accessory parking area 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.

(Code 1990, § 16-22; Ord. No. 93-1658, § 2(1.20), 4-19-1993)

Story means that portion of a building included between the upper surface of any floor and 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.

(Code 1990, § 16-23; Ord. No. 93-1658, § 2(1.21), 4-19-1993)

Half story 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.

(Code 1990, § 16-24; Ord. No. 93-1658, § 2(1.21.0.1), 4-19-1993)

Street 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 enactment of the ordinance from which this chapter is derived; and any such public way created after enactment of the ordinance from which this chapter is derived, provided it is 50 feet or more in width.

(Code 1990, § 16-25; Ord. No. 93-1658, § 2(1.22), 4-19-1993)

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.

(Code 1990, § 16-26; Ord. No. 93-1658, § 2(1.23), 4-19-1993)

Structure means anything constructed, the use of which required permanent location on the ground or attached to something having permanent location on the ground.

(Code 1990, § 16-27; Ord. No. 93-1658, § 2(1.24), 4-19-1993)

Front yard means any 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 hereinafter specified.

(Code 1990, § 16-28; Ord. No. 93-1658, § 2(1.25), 4-19-1993)

Front yard, least depth, means the shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted, and the nearest side lot line.

(Code 1990, § 16-29; Ord. No. 93-1658, § 2(1.25.1), 4-19-1993)

Rear yard means an open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

(Code 1990, § 16-30; Ord. No. 93-1658, § 2(1.26), 4-19-1993)

Rear yard, least depth, means the shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted, and the rear lot line. In the case of an irregular, triangular or gourd-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.

(Code 1990, § 16-31; Ord. No. 93-1658, § 2(1.26.1), 4-19-1993)

Side yard means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

(Code 1990, § 16-32; Ord. No. 93-1658, § 2(1.27), 4-19-1993)

Side yard, least width, means the shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted and the nearest side lot line.

(Code 1990, § 16-33; Ord. No. 93-1658, § 2(1.27.1), 4-19-1993)