§ 3. Definitions.
For the purposes of this ordinance, certain words and terms are hereby defined. Words used in the present tense shall include the future tense; the singular number shall include the plural number and the plural number shall include the singular number. The word "building" shall include the meaning of the word "structure"; the word "lot" shall include the meaning of the word "plot"; and the term "used for" shall include the meaning of the terms "designed for" or "intended for." The word "shall" is mandatory, not directive. Such words and terms are as follows:
Accessory building or use. A subordinate building or use customarily incident to and located on the same lot occupied by the main building or use.
Attached garage. A garage which is connected to the residence such that one can walk from the living area of the residence to the garage area without passing through an unenclosed space.
Automobile shelter. A garage or carport.
Boathouse. An accessory building, constructed over tidal water, for the storage, support, enclosure, shelter or protection of boats owned by the occupant of the premises, and not kept for remuneration, hire or sale, and not suitable for human habitation.
Building. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
Building area. The maximum portion of a lot over which a main building and permitted accessory buildings may be constructed.
Building, height of. The vertical distance from the top of the concrete slab foundation on which the building is constructed, to the highest point of the building, excluding chimneys or roof vents. If a concrete slab foundation is not used, the lowest level of air conditioned space within the structure will be used as the baseline point of measurement.
Building line. A line that runs parallel to the street line, and is set at the closest point to the street line that a building may be placed. In the case of non-orthogonal lots, the building line may be perpendicular to either of the side lot lines or parallel to the rear lot line.
Carport. A roofed structure or portion of a building which is open on one or more sides and suitable for parking one or more vehicles.
Corner lot. A lot situated at the intersection or the abutment of two (2) or more streets.
Curb line. The location of the outermost edge of the paved portion of a street.
Dwelling. Any building or portion thereof which is designed for or used for residential purposes.
Dwelling, single-family. A detached main building designed for and occupied exclusively by only one family, but shall not include any form of temporary home, or temporary or permanent mobile home, trailer or other vehicle, whether on wheels or not.
Family. One or more persons related by blood, adoption or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding two, living together as a single housekeeping unit though not related by blood, adoption or marriage, shall be deemed to constitute a family.
Frontage, block. 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.
Garage. An automobile shelter incidental to a residential use with an operable door, plus three sides for parking one or more motor vehicles.
Glare. Emitted light which exceeds 60 foot-candles.
Lot. A parcel of land occupied or intended for occupancy by use permitted in this ordinance, including one main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principle frontage upon a public street or upon an officially approved private street.
Lot axis. A line joining the midpoints of the front and rear property lines.
Lot, depth of. The horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
Lot line. The lines which constitute the property boundaries of an individual lot.
Lot line, front. The lot line adjacent to the street for lots that abut only one street. For lots that abut more than one street, the lot line adjacent to the street used in the address of the lot shall be designated as the front lot line.
Lot line, rear. The lot line that is on the opposite side of the lot from the front lot line.
Lot line, side. The lot lines which run between the front lot line and the rear lot line.
Lot, waterfront. A lot which is contiguous to tidal waters.
Lot width. If the side property lines are parallel, the shortest distance between the side lot lines. If the side property lines are not parallel, the lesser distance between the side lot lines, measured at right angles to the lot axis at the point of intersection with the building line and at the point of intersection with the rear setback line.
Nonconforming use, building, lot or yard. A use, building, lot or yard existing legally at the time of adoption of these regulations [November 3, 1993], or at the time of any amendment hereto, which, by reason of design or use, does not conform with the regulations, original or amendatory, of the district in which it is situated.
Parking space, off-street. An area of not less than 180 square feet measuring approximately nine feet by 20 feet not on a public street or way, surfaced with an all-weather surface. A public street shall not be classified as off-street parking in computing the parking requirements for any use, nor shall head-in parking adjacent to a public street if dependent upon such street for maneuvering space.
Permeable surface. A paved surface that has been demonstrated through hydraulic calculations, performed by a registered engineer, to result in a runoff ratio no greater than the natural surface of the property for each of the 30-minute to 24-hour, two-year rainfall events defined by the Rainfall Frequency Atlas of the United States (National Weather Service Publication TP40).
Rear setback line. A line that runs parallel to the rear property line, at a distance from the rear property line equal to the depth of the required rear yard.
Removable paving. Individual man-made bricks or natural rock stones that are used to construct a flat hard surface such as a swimming pool deck, sidewalk,, or driveway, but which can be removed, if required, by an individual using only hand tools. Removal paving does not include paving that is supported by a concrete base, or that utilizes a sand/cement mixture as a base material.
Retaining wall. A wall that is open on one side, with soil or water on the other.
Screening device. A barrier of stone, brick, brick columns with wood shadowbox, or block, or other permanent material of equal character, density and design, at least eight feet in height above the finished grade, but not including any wood other than cedar or redwood.
Servants' quarters. An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.
Shipping container/storage container. A portable compartment for the carriage of cargo in bulk or package form that has one or more of the following characteristics: (a) is of a permanent character and, accordingly, strong enough for repeated use, (b) is specially designed to facilitate transport by one or more modes of transport, without intermediate reloading, (c) is fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another, (d) is so designed to be filled and emptied, or (e) any enclosure, device, box, container, or anything similar in nature or use to any or all of the above. The term "shipping container" or "storage container" shall include all types of containers involved in maritime, railroad, and/or trucking industries, including, but not limited to those identified as flat racks, ventilated, half-height, tank, reefers, open-top, canvas-top, high cube, bulk, and similarly named containers.
Side street. A street that abuts a side lot line.
Sign. Any structure, part thereof, or device or inscription which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure, or on an awning, canopy, marquee or similar appendage, or permanently affixed to the glass on the outside of a window or door, as to be seen from the outside of the building, or structure, and which displays or includes any numeral, letter, work, model, banner, emblem, insignia, symbol, device, monogram, heraldry, trademark, light or other representation used as, or in the nature of an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, corporation, association, place, commodity, product, service, business, profession, enterprise, industry, activity, or any combination thereof. Where the word "sign" is used herein without further modification, the same shall be understood to embrace all regulated signs and replicas.
Story. That portion of a building, included between the surface of one floor and the surface of the floor next above or, if there be no floor above it, then the space between the floor and the ceiling next above.
Story, half. A partial story under a gable, hip or gambrel roof, the wall places of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
Street, arterial. A public thoroughfare which affords the principle means of access to abutting property, the right-of-way of which is at least 100 feet or greater in width.
Street. A public or private thoroughfare which affords the principle means of access to abutting property, the right-of-way of which is 60 feet or wider in width.
Street line. The right-of-way line of a street.
Structure. Anything constructed or erected which requires permanent location on the ground or is attached to something having a permanent location on the ground including, but not limited to, signs, billboards, poster panels, flatwork, decks, driveways, and concrete.
Structural alterations. Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.
Tidal waters. Shall include all waters bordering on or within the city boundaries subject to fluctuations in depth from storm, peak-lunar or normal tidal action and shall include, but not be limited to, all brackish and salt waters of streams, ponds, creeks, estuaries, bays, sounds, inlets and the ocean, and may include certain fresh waters.
Transient rental. The rental or lease of any structure or property, or any part of any structure or property, for occupancy by a person or persons for a period of less than 30 days.
Waterfront accessory structures. Accessory structures that are located over tidal water, including, but not limited to, boathouses, piers, pilings, docks, floating docks, lifts, ramps, [and] storage racks.
Waterfront line. The elevation and location of the waterline of tidal waters at mean high tide in normal tidal action.
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 permitted herein. 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 a rear yard, the minimum horizontal distance between the lot line and the main building or any accessory building shall be used. Permitted exceptions for front, rear, and side yard include sidewalks and driveways.
Yard, front. A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projections of the usual uncovered steps. On all lots the rear yard shall be in the rear of the front yard.
Yard, rear. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the main building or any projection thereof other than the usual uncovered steps.
Yard, side. A yard between the main building and the adjacent side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between an adjacent side lot line and the side of the main building or any projections thereof.
Yard, waterfront. A yard extending across that portion of a lot that abuts the waterfront line, between the lot lines that are perpendicular to such waterfront line, and being the minimum horizontal distance between the waterfront line and the main building or any projection thereof other than the usual uncovered steps.
(Ord. No. 07-543, §§ 1.A, 1.B, 10-22-07; Ord. No. 08-566, § 1.A, 12-17-08; Ord. No. 09-573, § 1.A, 7-1-09; Ord. No. 10-600, § 1, 8-4-2010)