§ XIX. Definitions.

The following shall apply in the interpretation and enforcement of this ordinance, to wit:

(1)

Words used in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular number; the word "building" includes the word `structure; the word lot includes the word plot; the word shall is mandatory and not discretionary.

(2)

Accessory building: A subordinate use of building customarily incident to and located on the lot occupied by the main use or building.

(3)

Alley: A way which extends only secondary means of access to abutting property.

(4)

Apartment: A room or suite of rooms in an apartment house or tenement arranged, designed or occupied as the residence of a single family, individual, or group of individuals.

(5)

Apartment house: A building or portion thereof arranged, designed or occupied by three (3) or more families living independently of each other.

(6)

Beer parlor: A place where beer and light wines or either of them are sold for consumption on the premises, and the majority of the gross business done is from the sale of beer and light wines or either of them.

(7)

Boardinghouse: A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation.

(8)

Courts, tourist: A building or group of buildings designed, arranged or used for temporary occupancy having accommodations for housing or parking automobiles in close proximity to the quarters occupied by the owners of such automobiles and providing for three (3) or more of such quarters.

(9)

Courts, trailer: An area designed and used for the temporary occupancy by automobile trailer or tent quarters and providing for one or more of such quarters.

(10)

Customary home occupations: Occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property. These may include serving meals, or renting rooms to not more than five (5) persons not members of the household; dressmaking, millinery, washing and ironing. Customary home occupations shall not include barbershops, beauty shops, dance studios, carpenter shops, electrician shops, plumber shops, radio shops, tinner shops, transfer or moving van offices, auto repairing, auto painting, furniture repairing or sign painting.

(11)

Depth of rear yard: The mean horizontal distance between the rear line of a building other than an accessory building and the center line of the alley where an alley exists, otherwise the rear lot line.

(12)

Depth of lot: The mean horizontal distance between the front and the rear lot lines.

(13)

District: A section of the city for which the regulations governing the area, height and use of buildings are uniform.

(14)

Dwelling, multiple: A building used or designed as a residence for three (3) or more families or households living independently of each other.

(15)

Dwelling, one-family: A detached building having accommodations for and occupied by only one family.

(16)

Dwelling, two family: A detached building for separate accommodations for and occupied as, or to be occupied as a dwelling for only two (2) families.

(17)

Family: A family is any number of individuals living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, a lodging house, or both, or hotel, as herein defined.

(18)

Front yard: An open, unoccupied space on the same lot with a building, between the building and the street extending across the front of the lot.

(19)

Gross floor area: The gross floor area of an apartment house shall be measured by taking outside dimensions of the apartment building at each floor excluding, however, the floor area of basements or attics when not occupied as living quarters.

(20)

Garage apartments: An apartment built on the rear of a lot similar to servants quarters.

(21)

Garage, private: A garage with capacity for not more than five (5) motor driven vehicles for storage only and for private use.

Garage, public: Any premises not a private garage, as defined above, used for housing of more than three (3) motor driven vehicles or where any such vehicles are repaired for operation or kept for remuneration, hire, or sale, provided that all such operations take place within a building.

(21a)

Garage sale shall mean the sale or offering for sale of more than one article of tangible personal property at retail or wholesale on property which is located in zoning districts in zoning district "A".

(22)

Garage, storage: Any premises, except those defined as private or public garage, used exclusively for the storage of automobiles.

(23)

Height: The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher, or if no street grade has been established, to the highest point of the roof's surface, if a flat surface; to the deck line of mansard roofs; and the mean height level between eaves and ridge for hip or gable roofs. In measuring the height of a building the following structures shall be excluded: chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulkheads, penthouses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.

(24)

Hotel: A building occupied as a more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule, the rooms are occupied for hire, in which provisions are not made for cooking in any individual apartment, and in which there are more than twelve (12) sleeping rooms, a public dining room for the accommodations of more than twelve (12) guests, and a general kitchen.

(25)

Institution: A building occupied by a nonprofit corporation, a nonprofit establishment for public use.

(26)

Lodging house: A building other than a hotel where lodging for five (5) or more persons is provided for compensation.

(27)

Lot: Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, having its principal frontage upon a public street or officially approved place.

(a)

Interior - is a lot other than a corner lot.

(b)

Through - a lot having frontage on two (2) parallel or approximately parallel streets.

(c)

Fractional - a portion of a lot that has been cut off a corner lot, having the side line of the remainder of the corner lot as a side line.

(d)

Front line - the line of an interior lot which is adjacent to the street. On corner lots it is the prolongation of the front lot line of adjacent interior lots as originally platted.

(28)

Lot lines: The line bounding a lot as defined herein.

(29)

Lot, corner: A lot situate at the junction of two (2) or more streets and having a width not greater than one hundred (100) feet.

(30)

Nonconforming uses: A building or premises occupied by a use that does not conform to the regulations of the use in the district in which it is situated.

(31)

Open space: Area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, or porches.

(32)

Persons: The word "person" when used in this ordinance shall, for the purpose of this ordinance, mean every person, firm, co-partnership, association, partnership, corporation or society; and the term "person" shall include both singular and plural, and the masculine shall embrace the feminine gender.

(33)

Place: An open, unoccupied space reserved for purpose of access to abutting property.

(34)

Rear yard: A space unoccupied except by buildings of accessory use as hereinafter permitted, extending for the full width of the lot between building other than a building of accessory use and the rear lot line.

(35)

Side yard: An open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard or to the rear line of the lot. Any lot line not a rear line or a front line shall, be deemed a side line.

(36)

Stables, private: A stable with a capacity for not more than four (4) horses, mules or other domestic animals.

(37)

Stables, public: A stable with a capacity for more than four (4) horses, mules or other domestic animals.

(38)

Street: Any public thoroughfare dedicated to the public and not designated as an alley.

(39)

Story: That portion of a building 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.

(40)

Story, half A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story.

(41)

Structural alterations: Any change in the supporting member of a building such as bearing walls, columns, beams or girders.

(42)

Width of side yard: The mean horizontal distance between a side wall of a building and the side line of the lot.

(43)

Reversed frontage: A portion of a corner lot fronting the street which was originally platted as a side street.

(Ord. No. 905, § 4, 5-16-63; Ord. No. 3852, § 18, 4-22-82)