For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A detached subordinate structure, the use of which is clearly incidental to the main structure or use of the land, including, but not limited to, T.V. reception disks over three feet in diameter.
ACCESSORY USE. A subordinate use which is clearly incidental and related to that of a main structure or main use of land.
ALLEY. A public service right-of-way which affords only secondary access to the back or side of property otherwise abutting on a street.
BANNER. A temporary sign of lightweight fabric or similar material that is displayed on a pole, building or attached to a staff or line. For purposes of this definition, a BANNER is not a flag.
BASEMENT. A portion of a structure which is wholly or partly underground, and having more than one-half of its height, measured from floor to ceiling, below the average grade of the adjoining ground.
BILLBOARD. Any sign advertising, identifying or directing attention to any product, service, entertainment or commercial activity not offered upon the lot on which the sign is located.
BLOCK. A tract of land bounded by streets, or a combination of streets, public parks, cemeteries, and railroad rights-of-way.
BOARD. The Board of Zoning Appeals.
BUSINESS SIGN. A sign that identifies, advertises or otherwise promotes a business.
CLINIC. Any establishment where human patients are examined and treated by doctors and dentists but not hospitalized overnight.
CLUB. An establishment operated for social, recreational, or educational purposes but open only to members and not the general public.
COMMISSION. The City Plan Commission.
COMMON COUNCIL. The Common Council or City Council of the city.
COMPREHENSIVE PLAN. A plan, or portion thereof, adopted by the Plan Commission and the governing body of the city, showing the general location and extent of present and proposed physical facilities including residential, commercial, and industrial uses; parks; schools; transportation corridors; and other community facilities.
CONDOMINIUM. A form of real estate ownership of a multi-family residential dwelling. Each occupant has 100% ownership of his own apartment and partial ownership of common elements such as walkways, elevators, and the like.
DAY CARE CENTER. Any establishment operated for the purpose of providing care and maintenance to children separated from their parents or guardians or a person in loco parentis during a part of the day for two or more consecutive weeks, excepting a school or other bona fide educational institution.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to, structures, mining, dredging, grading, paving, excavation, or drilling operations.
DIGITAL BILLBOARD. A sign that is static and changes messages by any electronic process or remote control.
DIRECTIONAL SIGNS. Signs intended for the purpose of directing people to or within a site.
DWELLING UNIT. One or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.
ELECTRIC. Any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.
ESSENTIAL SERVICES. Any structure utilized to house or provide an essential government service (lift station, fire station, and the like).
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel.
FLAG. A sign made of fabric, bunting, or similar material, attached along one side to a single pole that is either freestanding or attached to a building.
FLASHING. Any illumined sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this code any moving illuminated sign, except digital billboards, shall be considered a flashing sign.
FLAT WALL (FACADE-MOUNTED). A sign affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building and which projects from that surface less than 12 inches at all points.
FLOOD HAZARD AREA. The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow associated with the regulatory flood.
FLOOD PLAIN. Any flood plain, floodway, or floodway-fringe area, or combination thereof, as illustrated on the flood boundary and floodway map as prepared by the Federal Insurance Administration.
FLOODWAY FRINGE. Those portions of the flood plain which lie outside the floodway which are subject to inundation during the regulatory flood.
FREESTANDING. A sign erected and maintained on a freestanding frame, mast or pole not attached to any building, and not including ground mounted signs.
FRONT YARD DEPTH. The prescribed minimum open space extending across the entire width of the lot between the front line of the building (building line) and the street right-of-way.
GOVERNMENT SIGN. A government sign is a sign that is constructed, placed or maintained by the Federal, state or local government or a sign that is required to be constructed, placed or maintained by the Federal state, or local government.
GROUND MOUNTED. A sign which extends from the ground, or has support which places the bottom of the sign less than two feet from the ground.
HIGHWAY SIGN. A freestanding sign, integral sign or flat mounted sign that is erected and maintained within the view of motorists who are driving on a highway.
HOME OCCUPATION. An occupation carried on by an occupant at his place of residence, which occupation shall be accessory and incidental to the residential use of the residence, provided that:
(1) There shall be no external evidence of the occupation other than one identification sign not exceeding two square feet in area to be placed flat against the residence where the occupation is conducted.
(2) There shall be no traffic congestion nor traffic hazard created by the home occupation.
(3) Only the occupant or members of his family, normally residing in the residence, handle all the work and do not employ others at the residence or elsewhere.
IDEOLOGICAL SIGNS. Signs other than political and directional signs that communicate a message or an idea for a noncommercial purpose.
ILLUMINATED SIGN. A sign that has characters, letters, figures, objects, designs, or outlines illuminated
externally or internally by any light source other than non-reflected natural daylight, including electric discharge by lighting.
IMPROVEMENT LOCATION PERMIT. A permit or certificate of zoning compliance prerequisite to the issuance of a building permit indicating that the proposed use, erection, construction, reconstruction, alteration, or moving of a building or structure, or use of land, referred to therein, complies with the provisions of this chapter.
INTEGRAL. A sign that is embedded, extruded ro carved into the material of a building facade. a sign made of bronze, brushed stainless steel or aluminum, or similar material attached to the building facade.
LIGHT MANUFACTURING. The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. LIGHT MANUFACTURING includes the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods; musical instruments; novelties; wood products; printed material; lithographic plates; type composition; machine tools; dies and gauges; ceramics; apparel; lightweight nonferrous metal castings; film processing; light sheet metal products; plastic goods; pharmaceutical goods; and food products, but not animal slaughtering, curing, or rendering of fats.
LOT. A parcel of land occupied or capable of being occupied by one or more structures. The lot shall have frontage and access on an improved public street, or an approved private street.
LOT, DEPTH OF. A mean horizontal distance between the front and rear lot lines.
LOT, MINIMUM AREA OF. The horizontally projected area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT, WIDTH OF. The distance between the side lot lines as measured on the building line.
LOT OF RECORD. Any lot which, individually or as a part of a subdivision, has been recorded in the County Recorder’s Office.
MAJOR RECREATIONAL VEHICLES AND EQUIPMENT. Boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
MANUFACTURED HOME. A structure made up of two or more prefabricated units transported to and joined on site on a permanent foundation, which is ready for residential use following assembly operations and connection to utilities.
MANUFACTURING. The processing and fabrication of any article, substance, or commodity.
MARQUEE. A canopy or covering structure bearing a signboard or copy projecting from and attached to a building.
MINERAL EXTRACTION. Mining or quarrying and removal of earth materials.
MOBILE HOME. A prefabricated dwelling designed for transportation on streets and highways on its own wheels or on a flat bed or other trailers, so as to arrive at the site where it is intended to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundation, connection to utilities, and the like.
MOBILE HOME PARK. An area of land on which two or more mobile homes are regularly accommodated with or without charge, including any building or other structure, fixture, or equipment that is used or intended to be used in providing that accommodation.
MULTIPLE-FAMILY STRUCTURE. A residential structure containing three or more dwelling units.
NONCONFORMING SIGN OR STRUCTURE. A sign or structure that does not meet the requirements of the Planning and Zoning Code.
NONCONFORMING STRUCTURE. Any structure or part of a structure legally existing at the time of enactment of this chapter or any of its amendments which does not conform to the provisions of this chapter.
NONCONFORMING USE. Any use or arrangement of land or structures legally existing at the time of enactment of this chapter or any of its amendments, which does not conform to the provisions of this chapter.
NON-RESIDENTIAL ZONING DISTRICTS. Real estate which is located in one fo the following city zoning districts: Open Space(OS), Professional-Residential(PR) if the use is professional, Convenience Business (B-1), Central Business (B-2), Planned Business (B-3), Light Industrial (I-1), and General Industrial (I-2).
OCCUPANCY PERMIT. A document issued by the Zoning Administrator upon completion of the construction of a structure, or change in use of structure or parcel of land and indicating that the use or structure is in compliance with all applicable city ordinances and that the structure and land may be used for the purposes set forth in the improvement location permit.
OFF-PREMISES SIGN. Signs that advertise a business and are located in a place other than the principal site/location of the business.
OUTDOOR ADVERTISING. A sign which advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located. Note: This definition is necessarily content based as it requires on to determine from reading or looking at the sign if a product is being advertised that is not sold, manufactured or distributed on or from the premises.
PERMANENT SIGN. A sign that is permanently attached to the ground.
PLANNED UNIT DEVELOPMENT (PUD). At least five acres of land, controlled by the landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open spaces to the regulations established in any one residential district of this chapter.
POLITICAL SIGN. Signs that express support for candidates for office or urge action on any matter on a national, state, or local ballot.
PORTABLE SIGN. Any structure without a permanent foundation or otherwise permanently attached to a fixed location, which can be carried, towed, hauled or driven and is primarily designed to be moved rather than be limited to a fixed location regardless of modifications that limit its movability.
PRINCIPAL STRUCTURE. The structure in which the principal use of the lot is conducted.
PRINCIPAL USE. The primary use to which premises are devoted, and the main purpose for which the premises exist.
PROFESSIONAL OFFICE. Any structure or portion thereof used or intended to be used as an office for such services as are provided by health practitioners, lawyers, architects, engineers, and similar professions.
PROJECTING. A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
REGULATORY FLOOD. That flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Department of Natural Resources. This flood is equivalent to a flood having a probability of occurrence of l% in any given year.
RESIDENTIAL ZONING DISTRICTS. Real estate which is located in one of the following city zoning districts set forth in § 155.015 of the Bedford City Code: Residential Agriculture(RA), Single Family Residence(R-1), Low Density Residential(R-2), Medium Density Residential(R-3), High Density Residential(R-4), and Professional-Residential(PR) if the use is residential.
RIGHT-OF-WAY. A general term denoting land, property, or interest therein acquired for or devoted to the public welfare; most often intended for access, transportation, or utility transmission.
ROOF SIGN. A sign located on or above the roof of any building, not including false mansard roof, canopy, or other fascia.
SCREENING. A fence, evergreen hedge, or wall at least six feet in height, provided in such a way that it will
block a line of sight. The screening may consist either of one or several rows of bushes or trees, or of a constructed wall or fence.
SIDE YARD WIDTH. The prescribed minimum open space extending from the side of any principal or accessory
structure to the side lot line throughout the entire depth of the yard. Any lot line not a rear line or a front line shall be deemed as a side line.
SIGN. Any surface, substrate, fabric, or device bearing any lettering, pictorial representation, logo, illustration, emblem, symbol, design, sculptured matter, or other figure of similar character designed to convey information visually for purposes of advertisement, announcement, declaration, demonstration, identification or expression and exposed to public view.
SIGN SURFACE AREA. The surface of the sign upon, against, or through which the message is displayed or illustrated that completely contains the sign message, background of the message and contiguous trims or frames. Only one side of the sign shall be included in the sign surface area calculated, even if the sign is double-sided. Any sign supports or structure other than exposed steel framing, which is clad in finished wood, stone, masonry, stucco, or metal, and which does not bear any lettering, pictorial representation, logo, illustration, emblem, symbol, design, sculptured matter, or other figure of similar character designed to convey information visually shall not be included in the sign surface area.
SPECIAL EXCEPTION. A use which may be allowed within a particular district contingent upon approval of the Board of Zoning Appeals because of its special nature. Special exceptions which may be considered in each district are listed in § 155.018.
STRUCTURE. Anything constructed or erected or applied, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, and other building features, but not including sidewalks, drives, fences, and patios.
SUPPLY YARD. A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling, or storage of automobiles and similar vehicles.
TEMPORARY. A banner, pennant, poster or advertising display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials and that appear to be intended to be displayed for a limited period of time.
TEMPORARY SIGN. A sign that is not permanently attached to the ground.
VARIANCE. Subject to the approval of the Board of Zoning Appeals, a modification of the strict terms of the relevant regulations of this chapter where modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
YARD. An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT. A yard across the full width of the lot extending from the front lot line to the front line of the principal building (building line). On corner lots, the front yard shall be determined by the location of the main entrance of the building.
YARD, REAR. A yard extending the full width of the lot between the rear line of the principal building to the rear lot line or lines.
YARD, SIDE. A yard between both principal and accessory structures and the side lot line, extending the full length of the side of the structure facing the side lot line.
(Ord. 28-1984, passed 8-14-84; Am. Ord. 48-1984, passed 12-11-84; Am. Ord. 3-2015, passed 4-14- 15; Am. Ord. 15-2016, passed 9-13-16; Am. Ord. 34-2016, passed 12-19-16; Am. Ord. 9-2017, passed 5-9-17; Am. Ord. 5-2019, passed 6-4-19)