§ 17.008.020. DEFINITIONS.

For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDINGS AND USES. A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or land. An ACCESSORY USE is one which is incidental to the main use of the premises. Servants quarters shall be permitted as an accessory use only upon issuance of a conditional use permit under Chapter 17.048.

(Prior Code, § 17.04.006)

ACCESSORY STRUCTURE. A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use.

(Prior Code, § 17.04.009)

ACCESSORY USE. A use customarily incidental to the principal use and so necessary or commonly to be expected that it cannot be supposed that this title intended to prevent it.

(Prior Code, § 17.04.012)

ADJOINING or ADJACENT. Lying near, close or neighboring.

(Prior Code, § 17.04.015)

ALLEY. A public highway which is a narrow way, less in size than a street, and which is not designed for general travel; which is used primarily as a means of access to the rear of residences and business establishments and which, generally, affords only a secondary means of access to the property abutting along its length.

(Prior Code, § 17.04.018)

ALL-WEATHER SURFACE. A surface paved with asphaltic or concrete surface not less than three inches in thickness.

(Prior Code, § 17.04.021)

ALTERATION. A change or substitution in a substantial particular of any part of a building.

(Prior Code, § 17.04.024)

AMUSEMENT CENTER. Any indoor place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public any coin-controlled amusement device of any description, commonly known as bagatelle, baseball, football and pinball amusement games.

(Prior Code, § 17.04.027)

APARTMENT. A part of a building consisting of a room or suite of rooms intended, designed or used as a residence by an individual or a single family.

(Prior Code, § 17.04.030)

APARTMENT HOTEL. A building designed for or containing both dwelling units and individual guest rooms or suites of rooms, which building may include accessory uses, such as a cigar store or coffee shop, when such uses are accessible only from the lobby.

(Prior Code, § 17.04.033)

ARBITRARY. Fixed or arrived at through an exercise of will or by caprice, without consideration or adjustment with reference to principles, circumstances or significance, or given to making decisions thus; decisive, but unreasoned.

(Prior Code, § 17.04.036)

ARCADE. A continuous area at ground level open to a street or plaza, which is open and unobstructed to a height of not less than 12 feet, and which is accessible to the public at all times. Any portion of an arcade occupied by building columns, landscaping, statuary or pools shall be considered to be a part of an arcade for the purpose of computing a floor area premium credit. The term ARCADE shall not include off-street loading areas, driveways, off-street parking areas or pedestrianways accessory thereto.

(Prior Code, § 17.04.039)

AREA. Synonymous with the word TRACT, which is a piece of land capable of being described with such definiteness that its location may be established and boundaries definitely ascertained.

(Prior Code, § 17.04.042)

AREA OF A BUILDING. The area of a horizontal section of a building taken at its greatest outside dimensions on the ground floor, including all attached structures.

(Prior Code, § 17.04.045)

AUTOMOBILES.

(1) AUTO COURT. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term AUTO COURT includes buildings designated as tourist courts, motor lodges and motels, and by similar appellations.

(Prior Code, § 17.04.048)

(2) AUTO LAUNDRY. A building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices.

(Prior Code, § 17.04.051)

(3) AUTOMOBILE SALES LOT. Any place outside a building where two or more vehicles in operating condition are offered for sale or are displayed for sale or advertising purposes.

(Prior Code, § 17.04.054)

AWNING. Any movable rooflike structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit it to be readily and easily moved within a few minutes' time to close an opening, or rolled and folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable.

(Prior Code, § 17.04.057)

BASEMENT. An area below the first floor with an exterior wall extending no more than three feet above the adjacent grade of any side wall. An interior area of any single-family dwelling or duplex that meets this definition shall not be considered floor area.

(Prior Code, § 17.04.060)

BILLBOARD. A sign advertising products not made, sold, used or served on the premises displaying such sign, or a sign having a height greater than 12 feet or a width greater than 18 feet, including supports.

(Prior Code, § 17.04.066)

BILLBOARD AND POSTER PANEL. Any structure affixed to the surface of the land or to any building, tower or other structure designed, arranged, used or intended to be used exclusively for outdoor advertising and which is rented, leased or otherwise used in outdoor advertising where a consideration is charged.

(Prior Code, § 17.04.069)

BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines of the town.

(Prior Code, § 17.04.072)

BOARDINGHOUSE. A building, other than a hotel, where lodging and meals for five or more persons are served for compensation. A BOARDING-HOUSE may also include the dwelling unit occupied by the owner or operator.

(Prior Code, § 17.04.075)

BUILDING. A structure which is designated and suitable for the habitation or shelter of human beings or animals, or the shelter or storage of property, or for use and occupation for some purpose of trade or manufacture.

(Prior Code, § 17.04.081)

(1) DETACHED BUILDING. A building having no party wall in common with another building.

(Prior Code, § 17.04.084)

(2) NON-CONFORMING BUILDING. A legally existing building that does not comply with the regulations (for height or number of stories, size, floor area, yards and location) set forth herein as applicable to the district in which the building is located.

(Prior Code, § 17.04.090)

BUILDING LINE. A line formed by the outer surface of the closing wall of a building or portion thereof and surface of the ground.

(Prior Code, § 17.04.087)

CORNER LOT. A lot in the junction of and fronting on two or more intersecting streets.

(Prior Code, § 17.04.093)

COURT. An open area other than a front yard, side yard or rear yard on the same lot with the building, for the admission of light and air and not designed for ornamental purposes.

(Prior Code, § 17.04.099)

(1) INNER COURT. A court which does not extend to a street, alley or yard.

(Prior Code, § 17.04.102)

(2) OUTER COURT. A court extending to a street line or opening upon any front, side or rear yard.

(Prior Code, § 17.04.105)

CREMATOR. One who is employed to reduce the body to ashes and turn them over to the claimant.

(Prior Code, § 17.04.111)

CURB LEVEL. The level of the established curb in front of the building measured at the center of the front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the CURB LEVEL.

(Prior Code, § 17.04.114)

DAY NURSERY. An agency, organization or individual providing daytime care of five or more children not related by blood or marriage to, or not the legal wards or foster children of, the attendant adult.

(Prior Code, § 17.04.117)

DIRECTLY OPPOSITE. Those tracts of land on opposite sides of the street with only the street intervening.

(Prior Code, § 17.04.120)

DOG KENNEL or KENNEL. Any premises, except where accessory to a permitted agricultural use, where three or more dogs, ten weeks in age or older, are kept.

(Prior Code, § 17.04.123)

DOMESTIC SERVANT.

(1) A person who lives in the family of another, paying no rent for the occupancy and paying no part of the cost of utilities therefor, performing household duties and working solely within the house for the upkeep thereof and for the care and comfort and convenience of the family and occupants thereof.

(2) No person, no member of the family of any person, who pays rent for himself or herself or his or her family shall be deemed the DOMESTIC SERVANT of the person to whom the rent is paid.

(Prior Code, § 17.04.126)

DRIVEWAY. The space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.

(Prior Code, § 17.04.129)

DUMP. A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

(Prior Code, § 17.04.132)

DWELLING. A building or portion thereof designed exclusively for residential occupancy, including single-family dwellings, duplexes and multiple-family dwellings, but not including hotels, boardinghouses, lodging houses or house trailers, whether the trailers be mobile or located in a stationary fashion as on blocks or other foundation.

(Prior Code, § 17.04.135)

(1) ATTACHED DWELLING. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

(Prior Code, § 17.04.138)

(2) DETACHED DWELLING. A dwelling which is entirely surrounded by open space on the same lot.

(Prior Code, § 17.04.141)

(3) GROUP DWELLING. A group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.

(Prior Code, § 17.04.153)

(4) MULTIPLE DWELLING. A building or portion thereof used for occupancy by three or more families living independently of each other and doing their own cooking in the building, including apartments, group houses and row houses.

(Prior Code, § 17.04.150)

(5) ROW DWELLING. A row of attached or semi-detached one-family dwellings or two-family dwellings, containing a total of three or more dwelling units; or a building in such a row.

(Prior Code, § 17.04.156)

(6) SINGLE-FAMILY DWELLING. A building designed for or occupied exclusively by one family.

(Prior Code, § 17.04.144)

(7) TWO-FAMILY DWELLING. A detached or semi-detached building containing two dwelling units and designed for or occupied by two families.

(Prior Code, § 17.04.147)

DWELLING UNIT. A room or suite of rooms used as an independent housekeeping unit.

(Prior Code, § 17.04.159)

EARTH REMOVAL. The removal or extraction of any stone, sand, gravel, loam, topsoil or other earth or earth product from a lot or parcel of land, except where the removal is for the purpose of grading a lot upon which a building is to be erected, a roadway to be built, or a platting thereof to be made.

(Prior Code, § 17.04.162)

EATING PLACE. A retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.

(Prior Code, § 17.04.165)

EMERGENCY SHELTER. As set forth in Cal. Health and Safety Code § 50801, EMERGENCY SHELTER means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Hereinafter also referred to as emergency homeless shelters.

EXTEND. Increase or amplification, as distinguished from inception.

(Prior Code, § 17.04.168)

EXTERIOR ARCHITECTURAL FEATURE. The architectural treatment and general arrangement of the portion of the exterior of a structure as is designed to be exposed to public view, including kind, color and texture of the building material of the portion, and the type of all windows, doors, lights, signs and any other features appurtenant to the portion.

(Prior Code, § 17.04.171)

FAMILY.

(1) An individual, or two or more persons related by blood, marriage or adoption living together as a single household unit; or

(2) A group of persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit.

(Prior Code, § 17.04.174)

FARM. A parcel of land of 15 or more acres, used principally in the raising or production of agricultural products and the necessary or usual dwellings, farm structures, storage and equipment.

(Prior Code, § 17.04.177)

FARMING. The business of cultivating land, or employing it for the purposes of husbandry; the cultivation and fertilization of the soil as well as the caring for and harvesting of crops.

(Prior Code, § 17.04.180)

FEEDLOT. Any of the following facilities:

(1) Any tract of land or structure wherein any type of fowl or the byproducts thereof are raised for sale, at wholesale or retail;

(2) Any structure, pen or corral wherein cattle, horses, sheep, goats and swine are maintained in close quarters for the purpose of fattening the livestock for final shipment to market; and

(3) The raising of swine under any conditions.

(Prior Code, § 17.04.183)

FILLING (SERVICE) STATION. Any building or plot of land used or designed to be used for the storage and retail sale of automobile fuels and lubricants and which may include facilities for washing, polishing, greasing, waxing or tire repairing. No vulcanizing or tire recapping or major mechanical repairs shall, however, be included in the operation of a filling station.

(Prior Code, § 17.04.186)

FIFTY PERCENT REMODEL or 50% REMODEL. The renovation of any structure that affects more than 50% of the existing floor area of the structure, expands that floor area by more than 50% or results in the addition of a bedroom, as measured in accordance with § 17.016.040 of this title.

FLOATING ZONE. A special detailed use district of undetermined location, a district in which the proposed kind, location, size and form of structures must be pre-approved, and which, like a special exception use, is legislatively predeemed compatible with the areas in which it may thereafter be located on a particular application, provided specified standards are gratified and actual incompatibility is not revealed.

(Prior Code, § 17.04.189)

FLOOR AREA. Of The total area of all floors in all buildings, including accessory structures, on a lot as measured to the outside surface of exterior walls or to the centerline of common walls. The FLOOR AREA excludes any crawl space, basement area, attic without floor, and any open porch, deck, balcony or terrace. [Refer to Ch. 17.136 for floor area restrictions pertaining to single family residential and duplex properties.]

(Prior Code, § 17.04.192)

FLOOR-AREA RATIO. The floor area, as defined above, of a building or buildings on a lot divided by the area of the lot. [Refer to Chapter 17.136 for floor area ratio restrictions pertaining to single family residential and duplex properties.]

(Prior Code, § 17.04.195)

FRATERNITY. A body of men associated for their common interest, business or pleasure.

(Prior Code, § 17.04.198)

FRONT FRONTAGE. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot.

(Prior Code, § 17.04.201)

FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

(Prior Code, § 17.04.204)

FUNERAL HOME. A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

(Prior Code, § 17.04.207)

GARAGE. A building for the storing of motor vehicles.

(Prior Code, § 17.04.210)

(1) COMMERCIAL GARAGE. A building or premises used for the storage, repair, rental, sale and/or servicing of motor vehicles and/or for the retail sale of fuel for the vehicles.

(Prior Code, § 17.04.213)

(2) PARKING GARAGE. A building or portion thereof designed or used for storage of motor-driven vehicles, and at which motor fuels and oils may be sold, and in connection with which is performed general automotive servicing as distinguished from automotive repairs.

(Prior Code, § 17.04.216)

(3) PRIVATE GARAGE. A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles where the capacity does not exceed three vehicles, or not more than one per family housed in the building to which the garage is accessory, whichever is the greater, and not more than one-third the total number of vehicles stored in the garage shall be commercial vehicles. Storage space for not more than three vehicles may be rented for vehicles of other than occupants of the building to which the garage is accessory.

(Prior Code, § 17.04.219)

(4) PUBLIC GARAGE. A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor driven vehicles.

(Prior Code, § 17.04.222)

GARDEN APARTMENTS. A group of buildings not more than two and one-half stories in height, each building containing not more than eight dwelling units.

(Prior Code, § 17.04.225)

GAS FILLING STATION.

(1) Not only the house or building provided for the storage of supplies and the use and shelter of the operatives, but also tanks, pumps, structures and filling stations for business purposes and the supplying of gas and oil for automobiles of the general public.

(2) It also includes, of necessity, suitable exterior stairways and secondary stairways.

(Prior Code, § 17.04.228)

GASOLINE STATION. Any building, place or location designed to supply motor vehicles with gasoline, oils, greases, automobile sundries or for the inspection, testing and examination of the motor vehicles, or for the repair or replacement of parts thereof; and shall include gasoline pumps and oil pumps.

(Prior Code, § 17.04.231)

GOLF COURSE. A comparatively large unobstructed acreage involving enough room over which to walk or ride, point to point, over a generally prescribed course, and to strive to send a ball long distances with variable accuracy all without unreasonably endangering other players or intruding upon them.

(Prior Code, § 17.04.234)

GRADE.

(1) ESTABLISHED GRADE. The elevation of the centerline of the street as officially established by the town.

(Prior Code, § 17.04.237)

(2) FINISHED GRADE. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

(Prior Code, § 17.04.240)

GUEST ROOM. A room in a hotel, motel or tourist home offered to the public for compensation in which room no provision is made for cooking and which room is used only for transient occupancy.

(Prior Code, § 17.04.249)

HABITABLE ROOM. A room in a dwelling unit designed to be used for living, sleeping, eating or cooking, excluding bathrooms, toilet compartments, closets, halls, storage and similar space.

(Prior Code, § 17.04.252)

HEIGHT OF BUILDING. The vertical distance measured from a point on the natural grade to the highest point of the structure directly above. At no point shall the height of the building exceed the allowable height above natural grade.

(Prior Code, § 17.04.255)

HISTORIC DISTRICT. Any area which:

(1) Contains improvements which:

(a) Have a special character or special historical or aesthetic interest or value;

(b) Represent one or more periods or styles of architecture typical of one or more eras in the history of the town; and

(c) Cause such area, by reason of such factors, to constitute a distinct section of the town.

(2) Has been designated as a historic district pursuant to the provisions of this title.

(Prior Code, § 17.04.258)

HOME FOR THE RETIRED. An establishment operated for the purpose of providing domiciliary care for a group of persons who by reason of age are unable to provide the care for themselves and who are not in need of medical or nursing treatment, except in the case of temporary illness.

(Prior Code, § 17.04.261)

HOME OCCUPATION OR PROFESSION. Any use customarily conducted entirely within a dwelling and carried on exclusively by the occupants 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 in connection with which there is no display, no stock in trade, no outside storage of equipment, and no commodity sold upon the premises. Such uses as barbershops, beauty parlors, tea rooms, tourist homes, animal hospitals and dancing schools shall not be deemed to be HOME OCCUPATIONS.

(Prior Code, § 17.04.264)

HOSPITAL. An institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

(Prior Code, § 17.04.267)

HOTEL.

(1) A building in which at least 50 percent of the gross habitable floor area is used for sleeping;

(2) A building in which lodging or boarding and lodging are provided for more than 20 persons and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradiction to a boardinghouse, a lodginghouse or an apartment, which are separately defined in this chapter.

(Prior Code, § 17.04.270)

IMPROVEMENT. Any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of the betterment.

(Prior Code, § 17.04.273)

INCOMPATIBLE USE. A use which is incapable of existing in harmony with other uses situated in its immediate vicinity.

(Prior Code, § 17.04.276)

INDUSTRIAL ACTIVITY. The treatment or processing of raw products in factories.

(Prior Code, § 17.04.279)

INSTITUTION. A non-profit corporation or a non-profit establishment for public use.

(Prior Code, § 17.04.282)

INTERSECTING STREET. A street or public way or court, 30 feet or more in width, which joins another at an angle, whether or not it crosses the other.

(Prior Code, § 17.04.285)

JUNK MERCHANT. Any person, firm or corporation engaged in the business of buying, selling, exchanging or dealing in old junk, metals, bottles, syphons, old rope, old iron, brass, copper, tin or lead, secondhand plumbing materials, secondhand gas and electric fixtures, old rubber tires or other used or old articles commonly designated as “junk,” and having a store, stand or place of business.

(Prior Code, § 17.04.288)

JUNKYARD. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored; baled, packed, disassembled or handled, including the purchase or storage of used furniture and household equipment, used cars in operable condition and used or salvaged materials as part of manufacturing operations.

(Prior Code, § 17.04.291)

KENNEL. Any premises, except where accessory to an agricultural use, where three or more dogs, ten weeks in age or older, are kept.

(Prior Code, § 17.04.294)

KITCHEN. Any portion of a structure with any combination of the following: sink, other than that within a bathroom, food storage and preparation areas, refrigerator, stove, microwave oven, convection oven, cooking burners or similar appliances which may reasonably be used for the preparation of food.

(Prior Code, § 17.04.297)

LABORATORY.

(1) A building or part of a building devoted to the testing and analysis of any product or animal, including humans.

(2) No manufacturing is conducted on the premises except for experimental or testing purposes.

(Prior Code, § 17.04.300)

LANDMARK. Any improvement, any part of which is 30 years old or older, which has a special character or special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the town, state or nation and which has been designated as a landmark pursuant to the provisions of this title.

(Prior Code, § 17.04.303)

LANDMARK SITE. An improvement, parcel or part thereof, on which is situated a landmark, and any abutting improvement, parcel or part thereof, used as and constituting part of the premises on which the landmark is situated, and which has been designated as a landmark site pursuant to the provisions of this title.

(Prior Code, § 17.04.306)

LAUNDROMAT. A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.

(Prior Code, § 17.04.309)

LOADING SPACE. An off-street space having the dimensions specified in § 17.052.060 of this title and having a minimum clear height of 14 feet, exclusive of access area, for the parking of a vehicle while loading or unloading merchandise or materials.

(Prior Code, § 17.04.315)

LODGINGHOUSE. A building other than a hotel, where lodging, without meals, for five or more persons is provided for compensation.

(Prior Code, § 17.04.318)

LOT. A parcel of land occupied by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with the buildings.

(Prior Code, § 17.04.321)

(1) BUILDING LOT. Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with the open spaces as are required under the provisions of this title, having not less than the minimum area and width required by this title for a lot in the district in which the land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on the land.

(Prior Code, § 17.04.327)

(2) CORNER LOT. A lot which occupies the interior angle at the intersection of two street lines which make an angle of less than 135 degrees with each other.

(Prior Code, § 17.04.330)

(3) INTERIOR LOT. A lot other than a corner lot.

(Prior Code, § 17.04.339)

(4) THROUGH LOT. A lot, other than a corner lot, having frontage on more than one street.

(Prior Code, § 17.04.348)

LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.

(Prior Code, § 17.04.324)

LOT COVERAGE. The percentage of the lot area that is occupied by the ground area of a building, any accessory building(s), as well as any impervious surface areas such as patios (other than driveways) adjacent to the building or accessory building.

(Prior Code, § 17.04.333)

LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

(Prior Code, § 17.04.336)

LOT LINE. The lines bounding a lot.

(Prior Code, § 17.04.342)

LOT OF RECORD. A deed which has been recorded.

(Prior Code, § 17.04.345)

LOT WIDTH. The distance between the side lot lines measured along the setback line as established by this title, or if no setback line is established, the distance between the side lot lines measured along the street line.

(Prior Code, § 17.04.351)

MANEUVERING SPACE. The unobstructed area needed for a truck to back in a single movement directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of the loading space to the curb side of the most remote traffic lane in the access street.

(Prior Code, § 17.04.354)

MANUFACTURE. Transformation; the fashioning of raw materials into a change of form for use.

(Prior Code, § 17.04.357)

MARQUEE or CANOPY. A rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way.

(Prior Code, § 17.04.360)

MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE. A machine, including a computer, which upon insertion of a coin, monetary representation or token operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or payoff device for the return of monetary representation, money, tokens or merchandise.

(Prior Code, § 17.04.363)

MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE ARCADE. Three or more mechanical or electronic amusement devices installed on a side either inside or outside of the structures or any such devices located within 300 feet of a public or private grammar, middle or high school. Computer centers are included within this definition.

(Prior Code, § 17.04.366)

MOBILE HOME.

(1) Any portable structure or vehicle, titled or registered as a vehicle, so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes.

(2) Any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intended for use for dwelling purposes, including structural additions, except parked and unoccupied camping-type trailers. Any such vehicle or structure shall be deemed to be a mobile home whether the wheels have been removed therefrom and whether resting upon a temporary or permanent foundation.

(Prior Code, § 17.04.372)

MOBILE HOME LOT. A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home.

(Prior Code, § 17.04.375)

MOBILE HOME PARK. A tract of land in single ownership, which has been developed with all necessary facilities and services in accordance with a site development plan meeting all the requirements of this title and which is intended for the express purpose of providing a satisfying living environment for mobile home residents on a long-term occupancy basis.

(Prior Code, § 17.04.378)

MOBILE HOME STAND. The part of an individual mobile home lot which has been reserved for the placement of the mobile home.

(Prior Code, § 17.04.381)

MORGUE. A place where the unidentified and derelict dead are at all times received and kept and exposed to public view for the purposes of identification.

(Prior Code, § 17.04.384)

MOTEL or TOURIST CABIN. A building or group of buildings which:

(1) Contains living or sleeping accommodations used primarily for transient occupancy; and

(2) Has individual entrances from outside the building to serve each such living or sleeping unit.

(Prior Code, § 17.04.387)

MUSEUM. A non-profit, non-commercial establishment operated as a repository or a collection of nature, scientific or literary curiosities or objects of interests or works of art, not including the regular sale or distribution of the objects collected.

(Prior Code, § 17.04.390)

NAMEPLATE. A sign indicating the name and address of a building, or the name of an occupant thereof and the practice of a permitted occupation therein.

(Prior Code, § 17.04.393)

NEIGHBORHOOD PARKING AREA. An area on one or more building lots devoted to car parking

for occupants of adjoining or nearby dwellings and their guests.

(Prior Code, § 17.04.396)

NON-CONFORMING USE. Any building or land lawfully occupied by a use at the effective date of the ordinance codified in this title, or amendment thereto, which does not conform after the passage of the ordinance or amendment with the use requirements of the district in which it is situated.

(Prior Code, § 17.04.399)

NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of the individuals.

(Prior Code, § 17.04.402)

NURSERY. Any land used to raise trees, shrubs, flowers and other plants for sale or for transplanting.

(Prior Code, § 17.04.405)

NURSERY SCHOOL. A school designed to provide daytime care or instruction for two or more children from two to five years of age inclusive, and operated on a regular basis.

(Prior Code, § 17.04.408)

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

(Prior Code, § 17.04.411)

OCCUPANCY.

(1) Pertains to and is the purpose for which a building is used or intended to be used.

(2) A CHANGE OF OCCUPANCY is not intended to include a change of tenants or proprietors.

(Prior Code, § 17.04.414)

OCCUPY. To take or enter upon possession of.

(Prior Code, § 17.04.417)

OFFICE. A room or building in which a person transacts his or her business or carries on his or her stated occupation.

(Prior Code, § 17.04.420)

OPEN SPACE. An unoccupied space open to the sky on the same lot with the building.

(Prior Code, § 17.04.423)

PARK. A pleasure ground set apart for recreation of the public, to promote its health and enjoyment.

(Prior Code, § 17.04.426)

PERMANENT GUEST. A person who occupies, or has the right to occupy, a hotel or apartment hotel accommodation as his or her domicile and place of permanent residence.

(Prior Code, § 17.04.246)

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

(Prior Code, § 17.04.429)

PARKING LOT. An area or plot of ground used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a business, industrial or residential use.

(Prior Code, § 17.04.432)

PARKING SPACE. A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 200 square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

(Prior Code, § 17.04.435)

PERFORMANCE STANDARD. A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.

(Prior Code, § 17.04.438)

PERMANENT OCCUPANCY. The rental of housing accommodations or rooms on a week-to-week, month-to-month or year-to-year basis with a fixed rent for each period of occupancy.

(Prior Code, § 17.04.441)

OPEN PORCH. A roofed open structure projecting from the outside wall of a building without window sash or any other form of permanent enclosure.

(Prior Code, § 17.04.444)

PREMISES. Land and all buildings and structures thereon.

(Prior Code, § 17.04.447)

PRESCHOOL. Day care and education of five or more children aged five years and under.

(Prior Code, § 17.04.450)

PRINCIPAL USE. The primary purpose or function that a lot serves or is intended to serve.

(Prior Code, § 17.04.453)

PRIVATE PARKING AREA. An area devoted to car parking by the occupants of the dwelling located on the same building lot.

(Prior Code, § 17.04.456)

PROFESSIONAL OFFICE. The office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon.

(Prior Code, § 17.04.459)

PUBLIC BUILDING. Any building held, used or controlled exclusively for public purposes by any department or branch of government, state, county or municipal, without reference to the ownership of the building or of the realty upon which it is situated.

(Prior Code, § 17.04.462)

QUARRY. A place, cavern or pit where stone is taken from the rock or ledge or dug from the earth, for building or other purposes; a stone pit.

(Prior Code, § 17.04.465)

QUARRYING. The digging out of stone or slate from an open excavation.

(Prior Code, § 17.04.468)

RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.

(Prior Code, § 17.04.471)

RESIDENCE DISTRICT. The land fronting on both sides of any public street or court where less than 25 percent of the frontage is now used or designed for business or industrial purposes within a distance of 300 feet of the center of the place where any building for business or industrial purposes is sought to be used, erected, located, constructed or altered.

(Prior Code, § 17.04.477)

RESTAURANT WITH DRIVE-IN SERVICE. An establishment designed, in whole or part, to cater to or accommodate the consumption of food and/or beverage in automobiles on the premises of such establishment.

(Prior Code, § 17.04.480)

RIDING STABLE. Any place at which horses or ponies are kept for hire either with or without instruction in riding.

(Prior Code, § 17.04.483)

ROADSIDE STAND. An area and/or structure, with no space for customers within the structure itself, for the display and sale of agricultural products.

(Prior Code, § 17.04.486)

ROOM. Any enclosed division of a building containing over 70 square feet of floor space and commonly used for living purposes, not including lobbies, halls, closets, storage, space, bathrooms, utility rooms and unfinished attics, cellars or basements. An ENCLOSED DIVISION is an area in a structure bounded along more than 75 percent of its perimeter by vertical walls or partitions, or by other types of dividers which serve to define the boundaries of the division.

(Prior Code, § 17.04.489)

ROOMINGHOUSE. A dwelling or other residential structure in which lodging facilities are supplied for pay over an extended period of time and distinguished from a tourist home.

(Prior Code, § 17.04.492)

SANITARIUM. A health station or retreat or an institution for the recuperation and treatment of persons suffering from physical or mental disorders.

(Prior Code, § 17.04.495)

SCHOOL. A place for systematic instruction in any branch or branches of knowledge.

(Prior Code, § 17.04.498)

SELF-SERVICE LAUNDRY. A business rendering a retail service by renting to the individual customer equipment for the washing, drying and otherwise processing of laundry, with the equipment to be serviced and its use and operation supervised by the management.

(Prior Code, § 17.04.312)

SETBACK. The distance between a street line and the front building line of a principal building or structure, projected to the side lines of the lot, and including driveways and parking area, except where otherwise restricted by this title.

(Prior Code, § 17.04.501)

SHOP. A use devoted primarily to the sale of a service or a product or products, but the service is performed or the product to be sold is prepared in its finished form on the premises.

(Prior Code, § 17.04.504)

SHOPPING CENTER. A group of not less than 15 contiguous retail stores, originally planned and developed as a single unit, having a total ground floor building area of not less than 60,000 square feet, with immediate adjoining off-street parking facilities for not less than 350 automobiles.

(Prior Code, § 17.04.507)

SIGN. Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. SIGNS placed or erected by governmental agencies or non-profit civic associations for a public purpose in the public interest shall not be included herein, nor shall this include signs which are a part of the architectural design of a building.

(Prior Code, § 17.04.513)

(1) ADVERTISING SIGN. A sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.

(Prior Code, § 17.04.516)

(2) BUSINESS SIGN. A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.

(Prior Code, § 17.04.519)

(3) FLASHING SIGN. Any illuminated sign on which the artificial light is not maintained stationary, or constant in intensity and color at all times when the sign is in use. For the purpose of this comprehensive amendment, any revolving, illuminated sign shall be considered a FLASHING SIGN.

(Prior Code, § 17.04.522)

SLEEPING ROOM.

(1) A room rented for sleeping and living quarters, but without cooking facilities and with or without an individual bathroom.

(2) In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one sleeping room for the purposes of this title.

(Prior Code, § 17.04.525)

STABLES.

(1) PRIVATE STABLE. A stable for housing domestic animals when not conducted as a business.

(Prior Code, § 17.04.528)

(2) PUBLIC STABLE. A building in which any horses are kept for remuneration, hire or sale.

(Prior Code, § 17.04.531)

START or COMMENCEMENT. The point of some act upon the ground on which the building is to be erected, and in pursuance of a design to erect, the result of which act would make known to a person viewing the premises, from observation alone, that the erection of a building on that land had been commenced.

(Prior Code, § 17.04.534)

STORAGE. Holding or safekeeping goods in a warehouse or other depository to await the happening of some future event or contingency which will call for the removal of the goods.

(Prior Code, § 17.04.537)

STORE. A use devoted exclusively to the retail sale of a commodity or commodities.

(Prior Code, § 17.04.540)

STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a STORY for the purpose of height measurement if subdivided and used for dwelling or business purposes.

(Prior Code, § 17.04.543)

STREET. A public thoroughfare which affords the principal means of access to abutting property.

(Prior Code, § 17.04.546)

STREET LINE. The dividing line between a lot, tract or parcel of land and a contiguous street.

(Prior Code, § 17.04.549)

STRUCTURAL ALTERATIONS. Any change in either the supporting members of a building, such as bearing walls, columns, beams or girders or in the roof and exterior walls.

(Prior Code, § 17.04.552)

STRUCTURALLY ALTERED. The making of such a substantial change in the construction, identity and use of the present building, as is described in the definition for “structural alterations.”

(Prior Code, § 17.04.555)

STRUCTURE. Anything constructed or erected, the use of which required a location on the ground or attached to something having a location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, fences, pergolas, radio and television towers, masts and aerials.

(Prior Code, § 17.04.558)

SWIMMING POOL. Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside any building.

(Prior Code, § 17.04.561)

SWIM CLUB or TENNIS CLUB. A voluntary or corporate association owned solely by its members, the objectives, pursuits and purposes of which are social or recreational, operating or formed for the purposes of operating a club on a membership basis and not operated for profit, the principal facilities of which shall be a swimming pool or pools and/or tennis courts owned by it and maintained on land owned or leased by it, and which may maintain and operate, on the same premises, the accessory facilities owned by it as are usually provided by a SWIM OR TENNIS CLUB. Accessory facilities shall not include bowling alleys.

(Prior Code, § 17.04.564)

TERRACE. An open porch without a permanent roof.

(Prior Code, § 17.04.567)

THEATER. A structure used for dramatic, operatic, motion pictures or other performances, for admission to which entrance money is received and no audience participation or meal service is allowed.

(Prior Code, § 17.04.570)

OUTDOOR DRIVE-IN THEATER. An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

(Prior Code, § 17.04.573)

TOWN HOUSE. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs.

(Prior Code, § 17.04.579)

TRAILER. A vehicle standing on wheels or rigid supports which is used for living or sleeping purposes.

(Prior Code, § 17.04.582)

TRAILER CAMP. Any place or premises adapted for parking or used for parking two or more motor trailers or house cars for living or sleeping purposes, or any place or premises used or held out to the public for the purpose of supplying motor trailers or house cars for living or sleeping purposes.

(Prior Code, § 17.04.585)

UNOBSTRUCTED OPEN SPACE. Land not covered by buildings or structures.

(Prior Code, § 17.04.588)

USE.

(1) (a) Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied; or

(b) Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

(2) To USE means to convert to one’s service.

(Prior Code, § 17.04.591)

USED CAR LOT. A lot or group of contiguous lots, used for the display and sale of used automobiles and where no repair work is done, except the necessary reconditioning of the cars to be displayed and sold on the premises.

(Prior Code, § 17.04.594)

USED CAR JUNKYARDS. A lot or group of contiguous lots used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts.

(Prior Code, § 17.04.597)

VACATION CABIN. A structure consisting of not more than four sleeping rooms, kitchen and living area containing not more than 800 square feet of gross floor area and used as a temporary residence for recreational purposes.

(Prior Code, § 17.04.600)

WAREHOUSE. A structure or part of a structure, for storing goods, wares and merchandise, whether for the owner or for others, and whether it is a public or private warehouse.

(Prior Code, § 17.04.603)

WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

(Prior Code, § 17.04.606)

WIDTH. A dimension measured from side to side at right angles to length.

(Prior Code, § 17.04.609)

YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this title. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

(Prior Code, § 17.04.612)

(1) FRONT YARD. A yard extending along the full-length of the front lot line between the side lot lines.

(Prior Code, § 17.04.615)

(2) REAR YARD. A yard extending across the full-width of the lot and measured between the rear line of the lot and the rear line of the main building.

(Prior Code, § 17.04.618)

(3) SIDE YARD. A yard between the building or attached structure and the adjacent side line of the lot and extending from the front yard to the rear yard.

(Prior Code, § 17.04.621)

ZONE. An area which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits and other requirements are established, all of the foregoing being identical for the zone in which they apply.

(Prior Code, § 17.04.624)

ZONING LOT.

(1) A lot of record existing on the effective date of the ordinance codified in this title or any applicable subsequent amendment thereto;

(2) A tract of land, either unsubdivided or consisting of two or more contiguous lots or record, located within a single block, which, on the effective date of the ordinance codified in this title, or any applicable subsequent amendment thereto, was in single ownership; or

(3) A tract of land, located within a single building block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy), is designated by its owner or developer as a tract all of which is to be used, developed or built upon as a unit under single ownership.

(Prior Code, § 17.04.627)

(Ord. 352, passed - -1973; Am. Ord. 489, passed - -1981; Am. Ord. 491, passed - -1982; Am. Ord. 525, passed - -1984; Am. Ord. 605, passed - -1991; Am. Ord. 651, passed - -1996; Am. Ord. 696, passed 9-3- 2002; Am. Ord. 742, passed 9-2-2009; Am. Ord. 788, passed 5-6-2015; Am. Ord. 832, passed 6-5-2019)