For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word BUILDING includes STRUCTURE, and STRUCTURE includes BUILDING; the words USED or OCCUPIED shall include within their meaning INTENDED, ARRANGED, OR DESIGNED TO BE USED OR OCCUPIED. The word PERSON shall include corporation, partnership, or other legal entity. Where other definitions are necessary and are not defined herein, the City Council may define such terms.
(2015 Code, § 11-2-1)
ABANDONMENT. The relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
ACCESS or DRIVEWAY. A way or means of approach to provide vehicular or pedestrian physical entrance to a property.
ACCESSORY APARTMENT. A dwelling unit that has been added onto, or created within, a single-family house.
ACCESSORY USE OR BUILDING. The use of land or a subordinate building or a portion of a main building, such use being secondary to or incidental to the principal use or structure. This does not include separate, additional dwelling units.
ADULT ENTERTAINMENT. An establishment consisting of, including, or having the characteristics of any or all of the following.
(1) ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(2) ADULT CABARET.
(a) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; and
(b) A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
(3) ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(4) ADULT MOTION PICTURE THEATER. An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
AGRICULTURE. The tilling of soil, the raising of crops, horticulture, apiculture, gardening, dairying, or animal husbandry, including all uses customarily incidental thereto, but not including any agriculture industry or business such as fruit packing plants, fur farms, animal hospitals, commercial feed lots, or similar use.
APARTMENTS. A building or portion thereof designed with more than four individual dwelling units.
AUTOMOBILE REPAIR. Establishments primarily engaged in furnishing automotive repair, rental, leasing, and parking services to the general public.
AUTOMOBILE SERVICE STATION. Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
AUTOMOBILE WRECKING. The dismantling or wrecking of used motor vehicles or trailers or the storage, sale, or dumping of dismantled or partially dismantled obsolete or wrecked vehicles or other parts.
BARS, TAVERNS, and COCKTAIL LOUNGES. Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food or packaged liquors may be served or sold only as accessory to the primary use.
BASEMENT. A space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet.
BED AND BREAKFAST INNS. Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The facility must be owner occupied.
BLOCK. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BOARD OF ADJUSTMENT. An officially constituted body whose principal duties are to hear appeals and, where appropriate, grant variances from the strict application of this chapter.
BOARDING HOUSE. A dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well.
BUILDING. Any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
BUILDING HEIGHT. The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of a flat roof, the deck line of a mansard roof and the mean height between eaves and ridge for gable, hip, and gambrel roofs.
BUILDING LINE. A line parallel to the street line touching that part of a building closest to the street.
BUSINESS DISTRICT. An area in which the purchase, sale, offering for sale, or other transaction is conducted. Business involves the handling or disposition of any article, service, substance, or commodity for livelihood or profit; or the management or occupancy of the office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures, or premises by professions and trades or persons rendering services.
CAMPGROUND, PUBLIC OR PRIVATE. Any area or tract or land used or designed to accommodate two or more camping parties, including cabins, tents, trailers, or other camping outfits.
CARETAKER’S RESIDENCE. A single-family dwelling located in conjunction with a residential, commercial, or industrial land use that requires 24-hour care in order to protect or operate the use.
CASINO.
(1) An establishment, whose primary use of activity is gambling, either in the form of gambling machines (video poker, keno, and the like), card games, or other licensed gambling activity. A CASINO will normally have beverage and restaurant facilities as ancillary uses. In all instances, an establishment will be considered a CASINO for the purpose of these regulations if any of the following characteristics apply:
(a) The establishment is referenced as a CASINO by signage or by name;
(b) More than one card table is on the premises;
(c) Fifteen or more gambling machines are on the premises; or
(d) The predominant source of income is from gambling revenue.
(2) Generally, an establishment will not be considered a CASINO when the premises contains no live card games, or has less than six gambling devices that are clearly incidental to the primary use of the establishment.
CHILD. A person under 12 years of age.
CHILDCARE FACILITY.
(1) DAYCARE CENTER. An out-of-home place in which supplemental care and/or adult supervision is provided to 13 or more children on a regular basis and which may include nursery schools, private kindergartens, or after school care and supervision.
(2) FAMILY DAYCARE HOME. A private residence in which supplemental parental daycare is provided to three to six children from separate families on a regular basis. Such CHILDCARE FACILITY shall be licensed by the state’s Department of Social and Rehabilitation Services as required by law.
(3) GROUP DAYCARE HOME. A private residence or other structure in which supplemental parental daycare is provided for seven to 12 children on a regular basis and which is licensed by the state’s Department of Social and Rehabilitation Services as required by law.
CHURCH. A building designed for public worship by any religious body.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical or surgical attention, but who are not provided with board and room or kept overnight on the premises.
CLUBS (FRATERNAL LODGES). Buildings and facilities owned and operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit.
CLUSTER. A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
COMMUNITY RESIDENTIAL FACILITY.
(1) ADULT FOSTER FAMILY CARE HOME. A private home licensed by the state’s Department of Social and Rehabilitation Services operated by one or more persons 18 years of age or older that offers light personal care or custodial care to a total of no more than four disabled adults or aged persons who are not related to the operator by blood or marriage.
(2) COMMUNITY GROUP HOME. A family oriented residence or home licensed by the state’s Department of Social and Rehabilitation Services or the state’s Department of Health and Environmental Sciences designed to provide residential services and facilities for physically, developmentally, or mentally disabled persons, but does not provide skilled or intermediate nursing care.
(3) YOUTH FOSTER CARE FACILITY. A youth care facility licensed by the state’s Department of Social and Rehabilitation Services in which substitute care is provided on a 24-hour a day basis for seven or more foster children or youth to whom the foster parents are not related by blood, marriage, adoption, or wardship. A YOUTH FOSTER CARE HOME II consists of a total of seven or more children, including both the foster children and the foster parents’ own children, stepchildren, or wards.
(4) YOUTH FOSTER HOME. A youth care facility licensed by the state’s Department of Social and Rehabilitation Services in which substitute care is provided on a 24-hour a day basis for one to six foster children or youth to whom the foster parents are not related by blood, marriage, adoption, or wardship. A YOUTH FOSTER CARE HOME consists of a total of no more than six children, including both the foster children and the foster parents’ own children, stepchildren, or wards.
(5) YOUTH GROUP HOME. A youth care facility licensed by the state’s Department of Social and Rehabilitation Services in which substitute care is provided on a 24-hour a day basis for seven to 12 children or youth.
CONDITIONAL USE. See definition of USE, CONDITIONAL.
CONDOMINIUM. A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONTRACTOR’S YARD. Open spaces used for the storage of machinery, equipment, materials, and supplies used by the contractor in the pursuit of his or her business. This is intended to be a yard owned or leased by a contractor engaged in some kind of construction work.
DAIRY. Any premises where three or more cows, three or more goats, or any combination thereof are kept, milked, or maintained.
DECK. A platform or floor attached to a building.
DENSITY. The total number of dwelling units allowed per gross acre.
DWELLING. A building or portion thereof designed with living quarters for occupancy by one or more families.
DWELLING, DUPLEX. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
DWELLING, GROUP. In general, a building in which several unrelated individuals or families permanently reside but in which individual cooking facilities are not provided for the individual persons or families. Specifically, GROUP DWELLING shall include rooming house, fraternity house, sorority house, and private club in which one or more members have a permanent residence. GROUP DWELLING shall not be deemed to include a hotel, motel, tourist home, manufactured home park, or any use included in the “health-medical group.”
DWELLING, MULTI-FAMILY. A building designed with two to four dwelling units.
DWELLING, SINGLE-FAMILY. A building designed with accommodations for and occupied by one family only.
DWELLING UNIT. A building or portion thereof providing separate cooking, eating, sleeping, and living facilities for one family and its resident domestic employees.
EASEMENT. A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
ELDERLY HOUSING. Multi-family housing designed for older people.
ESTABLISHED GRADE. The sidewalk line grade at the front lot line or as established by an engineer for the city’s Public Works Department.
FAMILY. Any individual, two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) who need not be related by blood or marriage, living together as a single, nonprofit housekeeping unit.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
FLOODPLAIN, 100-YEAR. The channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by flood water, officially designated by FEMA.
FLOODPLAIN ZONE. A separate and distinct portion of the floodplain maps and regulations governing those lands affected by a 100-year floodplain classification.
FLOODWAY. The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the flood water or flow of any natural stream or river.
FLOOR AREA. The total number of square feet of floor space within the exterior walls of a building (floor areas of basements shall not apply as a part of the required minimum floor area of buildings).
FOUNDATION. The support structure for buildings, including footings, installed below frost line, foundation walls, or piers.
FRONTAGE. That side of a lot abutting on a street; the front lot line.
GARAGE. A deck, building, or parking structure or part thereof, used or intended to be used for the parking and storage of vehicles.
GARAGE, AUTOMOTIVE REPAIR. Any building or premises used for major repair of vehicles, but not including auto wrecking or storage of wrecked cars. Repair activity shall be conducted in enclosed places or screened from public view.
GASOLINE SERVICE STATIONS. Any building or portion thereof and the land upon which it is situated, used for supplying fuel, and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs.
HEIGHT. See definition of BUILDING HEIGHT.
HOME OCCUPATION. The use of a portion of a dwelling as an office, studio, or workroom for occupations at home by one or more persons residing in the dwelling unit. No HOME OCCUPATION shall occupy more than 20% of the gross floor area or more than 400 square feet of gross floor area. The activity must be clearly incidental to the use of the dwelling for dwelling purposes, shall not change the character or appearance thereof, and shall not produce any offensive noise, vibration, smoke, dust, odor, heat, or glare. No parking of customers’ vehicles shall be permitted in a manner or frequency so as to cause a disturbance or inconvenience to neighboring residents. No exterior display occupation sign shall be permitted except that one nameplate or home occupation sign shall be permitted; however, the sign shall not exceed two square feet in area and shall not exceed 24 inches in length. Such sign or nameplate shall not be illuminated and shall be placed flat against the dwelling unit or suspended in a window.
HOSPITAL. An institute providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including outpatient departments, training facilities, central service facilities, and staff offices.
HOTEL. A building containing six or more rooms designed and rented out for sleeping purposes for transients, and where only a general kitchen and dining room are provided in the building or in an accessory building.
INDUSTRIAL DISTRICT. Any light industrial or heavy industrial districts.
INDUSTRY. Those fields of economic activity including forestry, fishing, hunting, and trapping; mining; construction; manufacturing; transportation, communication, electric, gas, and sanitary services; and wholesale trade.
INSTITUTION. A building occupied by a nonprofit corporation or nonprofit establishment for public or semipublic use.
JUNKYARD. Primary or accessory use of a parcel of land for the storage, dismantling, or selling of cast-off salvage material of any sort in any other than the original form in which it was manufactured and/or assembled; thus, not including reconditioned, secondhand furniture, fixtures, or antiques sold from within a walled building.
JURISDICTIONAL AREA. The area included within the incorporated area, and a distance up to four and one-half miles in all directions from the city limits.
LABORATORY. A place devoted to experimental study such as testing and analyzing. Manufacturing of a product or products is not included in this definition.
LANDSCAPING. The placement of ornamental fixtures such as fountains, ornamental walls, fences, benches, along with vegetative planting of trees, shrubs, grass, flowers, and the like. This definition shall also include the designing of the placement of such materials.
LOADING BERTH, OFF-STREET. An off-street space or berth on the same lot with a principal building for the parking of a commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley.
LOT. A parcel or plot of land shown as an individual unit of ownership on the most recent plat or record of subdivision. Different lot types are shown in Figure 1 below.
LOT, CORNER. A lot situated on the junction of or abutting on two or more streets.
LOT, COVERAGE. The total area of a lot covered by the principal and accessory buildings.
LOT DEPTH. The mean distance between the front and rear lot lines.
LOT, INTERIOR. A lot with only one frontage on a street.
LOT LINES. The lines bounding a LOT as defined herein.
LOT WIDTH. The width of a lot along a line parallel to the frontage thereof and lying a distance back from the frontage equal to the required front yard setback on such lot.
Figure 1: Lot Dimensions and Lot Types
MANUFACTURED HOMES. The following definitions apply to MANUFACTURED HOMES in this chapter.
(1) MANUFACTURED HOME, CLASS A. A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:
(a) The home has a length not exceeding four times its width;
(b) The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;
(c) The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
(d) A continuous, permanent foundation, unpierced except for required ventilation and access, is installed under the home; and the tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
(e) All CLASS A MANUFACTURED HOMES constructed after June 15, 1976, are required to have a red HUD sticker on the structure.
(2) MANUFACTURED HOME, CLASS B. A manufactured home , constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not meet the definitional criteria of a Class A manufactured home. All MANUFACTURED CLASS B HOMES constructed after June 15, 1976, are also required to have a red HUD sticker on the structure.
MANUFACTURED HOME PARK. A parcel of land that has been planned and improved for the placement of two or more mobile homes for residential use.
MASTER PLAN (GROWTH POLICY PLAN). Includes any document or portion of any document duly adopted by the City Council, which is intended to guide the growth and development of the area.
MOBILE HOME. See definition of MANUFACTURED HOMES.
MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the uniform building code, applicable to site-built homes, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a MODULAR HOME may consist of two sections transported to the site in a manner similar to a manufactured home (except that the MODULAR HOME meets the uniform building code standards applicable to site-built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site. A MODULAR HOME shall be considered a “dwelling” under this chapter.
MORTUARY. A place for the storage of human bodies prior to their burial or cremation.
MOTEL. An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
MOVED-ON STRUCTURE. Any building or structure, other than a manufactured home as defined herein, in excess of 144 square feet that has been moved off its foundation in order to be placed on another foundation in a different location.
NONCONFORMING USE OR STRUCTURE. A use or activity, structure, or building that was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NURSING HOME. A building or portion thereof used for the housing of and caring for the nonambulatory, aged, or infirm by professional staff.
PARK. A tract of land, designated and used by the public for active and/or passive recreation.
PARKING LOTS. A structure or an area, other than a public street or alley, designed or used for the temporary parking of motor vehicles and available for public use whether free, for compensation, or an accommodation for customers or clients.
PARKING SPACE, OFF-STREET. A space located off any public right of way which is at least nine feet by 20 feet in size for parking of any motor vehicles, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys.
PLANNED UNIT DEVELOPMENT. An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters; appropriate commercial, public, or quasi-public uses may be included if such uses are primarily for the benefit of the residential development.
PLANNING BOARD. The duly designated Planning Board of the city-county jurisdiction.
PLAYGROUNDS. An active recreational area with a variety of facilities, including equipment for younger children as well as court and field games.
PORCH. A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
PRINCIPAL STRUCTURE. A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL USE. The primary or predominant use of any lot or parcel.
PROFESSIONAL (BUSINESS) OFFICES. Offices to be occupied by accountants, architects, planners, dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other professionals which are of a similar nature.
PROHIBITED USE. A use that is not permitted in a zone district.
PUBLIC UTILITY. A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare.
RECREATION VEHICLE. A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven, and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
RECREATION VEHICLE PARK. Any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECREATIONAL AREA, COMMERCIAL AND NONCOMMERCIAL.
(1) COMMERCIAL RECREATIONAL AREA. An area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, skiing, horseback riding, playgrounds, and other similar uses, whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee or service charge.
(2) NONCOMMERCIAL. An area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community clubs, and other similar uses maintained and operated by a nonprofit club, homeowner’s association, or other corporate structure and whose membership is limited to the residents within the area.
RESIDENTIAL DISTRICT. Any residential single-family, multi-family, or manufactured home.
RESTAURANT. A public eating house which does not provide curbside or automobile service.
RESTAURANT, DRIVE-IN. A public eating house which provides curbside or automobile service.
RETAIL SALES. An establishment selling goods, wares, or merchandise directly to the ultimate consumer.
SATELLITE DISH. A parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves.
SCHOOL, COMMERCIAL. A building where instruction is given to pupils in arts, crafts, or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.
SCHOOL, ELEMENTARY, JUNIOR, OR SENIOR (PUBLIC OR PRIVATE). Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.
SCREENED. Concealed or cut off from direct visual contact.
SECONDHAND STORE. A retail establishment in which the principal portion of the articles, commodities, or merchandise handled, offered for sale, or sold on the premises is used or not new.
SETBACK. The horizontal distance required between any structure and a lot line. This distance to be measured at right angles to the lot line. The SETBACK line shall be parallel with the lot line.
SHOPPING CENTER. One or more buildings containing at least three separate retail businesses planned, developed, and managed as a unit, with off-street parking provided on the property.
SIGN. Any face of any lettered or pictorial device and/or structure designed to inform or attract attention.
STREET. Any vehicular way that is:
(1) An existing state, county, or municipal roadway;
(2) Shown upon a plat approved pursuant to law;
(3) Approved by other official action; or
(4) Shown on a plat duly filed and recorded in the office of the County Clerk and Recorder prior to the appointment of a planning board and the grant to such board of the power to review plats; includes the land between the street lines, whether improved or unimproved.
STREET EDGE. The line between the usable street and the adjoining lawn, sidewalk, or gutter as sighted the length of the block in question.
STREET, FRONT. A street abutting the predominantly narrow sides of the lots within a block. This is the street that homes within a block shall normally face and shall be the street that addresses are normally assigned to.
STREET, SIDE. A street paralleling or nearly paralleling the predominantly long sides of the lots within a block and intersecting at right angles or nearly right angles the front street. Addresses are not normally assigned along a SIDE STREET.
STRUCTURE. That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.
STRUCTURE ALTERATION. Any change in the shape or size of any portion of a building or of the supporting members of the girders, floor joists, or roof joists.
SWIMMING POOL. A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.
TOWNHOUSE. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
TRUCK STOP. Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A TRUCK STOP also may include overnight accommodations and restaurant facilities primarily for the use of truck crews.
UNIT, EFFICIENCY. An efficiency unit is an apartment unit with unseparated areas for sleeping and/or cooking.
UNIT, ROOMING. A space for human occupancy lacking private bath and/or kitchen facilities.
USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied or 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.
USE, CONDITIONAL. Uses, other than permitted uses, that may be allowed in a specific district, but requiring additional safeguards to maintain and assure the health, safety, morals, and general welfare of the community and to maintain the character of the district.
VARIANCE. The relaxation of the strict application of the terms of this title with respect to mechanical requirements such as setback requirements, yard requirements, area requirements, building height, parking and loading space requirements, and the like, where specific physical conditions unique to the site of the lot create an unreasonable burden by making its development for permitted uses difficult or impossible.
WHOLESALE ESTABLISHMENT. An establishment for the sale of goods and merchandise for resale instead of direct consumption.
YARD. An open space that lies between the principal building or buildings and the nearest lot line. The minimum required YARD, as set forth in this chapter, shall remain unoccupied except for accessory buildings, swimming pools (rear and side YARDS only), patios, driveways, parking areas, and fences. Additional YARD encroachments are listed in §§ 154.240 through 154.260. Figure 2 below illustrates the location of required yards.
YARD, FRONT. An open space extending across the full width of the lot between the front building line of the principal building and the front lot lines.
YARD, REAR. An open space extending across the full width of the lot between the rear building line of the principal building and the rear lot line.
YARD, SIDE. An open space extending from the side building line to a side line running from the front to the rear of the lot. (See Figure 2.)
Figure 2: Required Yard Examples
ZERO LOT LINE. The relaxation of the strict application of side yard requirements where two adjoining lot owners agree to the side yard reduction.
ZONING COMMISSION.
(1) The ZONING COMMISSION is appointed by the City Council to recommend the boundaries of the various districts and appropriate regulations to be enforced therein.
(2) The City-County Planning Board functions as the ZONING COMMISSION in accordance with the provisions of MCA § 76-1-108.
ZONING OFFICER. That official designated by the City Council as the official responsible for accepting, reviewing, and approving or rejecting plans for buildings and applications for building and land use permits and for interpretation and enforcement of zoning ordinances related thereto.
(2015 Code, § 11-2-2) (Ord. 454, passed 6-19-2000)