1103.03 DEFINITIONS.

ABANDON. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

ABUTTING. Having property or district lines in common.

ACCESS. A way or means of approach to provide physical entrance to a property.

ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ADAPTIVE USE. The development of a new use for an older building or for a building originally designed for a special or specific purpose.

ADDITION. Any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area, such as a porch, attached garage or carport, or a new room or wing.

ADMINISTRATIVE OFFICE. An establishment primarily engaged in management and general administrative functions such as executive, personnel, finance, and sales activities performed centrally for other establishments of the same company.

ADULT ENTERTAINMENT FACILITY. See SEXUALLY ORIENTED BUSINESS.

AGRICULTURE. The use of a tract of land for the planting, harvesting, and marketing of crops and produce; the breeding, feeding, and marketing of livestock; horticulture; floriculture; structures necessary for performing these operations; and the residence of the owner or operator. Such agricultural use shall not include the following uses:

(a) The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted.

(b) Wholesale or retail sales as accessory use, unless the same are specifically permitted by this Ordinance.

(c) The feeding or sheltering of animals or poultry in penned enclosures within one hundred (100) feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals, or the operation or maintenance of a commercial stockyard or feed yard.

AGRICULTURAL MARKET. Any fixed or mobile retail food establishment which is engaged primarily in the sale of raw agricultural products, but may include as accessory to the principal use, the sale of factory-sealed or prepackaged food products that normally do not require refrigeration. See FARM STAND.

AGRICULTURAL SERVICES. Establishments primarily engaged in supplying soil preparation services, landscaping, horticultural services, veterinary and other animal services and farm labor and management services.

AISLE. The traveled way by which cars enter and depart parking spaces.

ALLEY. See STREET, ALLEY.

ALTERATION. The term "alteration" shall mean any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."

AMUSEMENT AND RECREATION SERVICES. Establishments engaged in providing amusement or entertainment for a fee or admission charge and include such activities as dance halls; studios; theatrical producers; bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rings, racetracks, public golf courses and coin-operated devices; amusement parks; membership sports and recreation clubs; amusement and bathing beaches; swimming pools; riding academies, carnival operations; expositions; game parlors and horse shows.

ANIMAL HOSPITAL. See VETERINARY ANIMAL HOSPITAL.

ANIMAL KENNEL. See KENNEL.

APARTMENT. A room or a suite of rooms within an apartment house, arranged, intended or designed to be used as a home or residence of one family with kitchen facilities for the exclusive use of the one family. Apartments shall not be permitted to have outside doors to bedrooms.

APARTMENT BUILDING. A building which is used or intended to be used as a home or residence for three or more families living in separate apartments, in which the yard areas, hallways, stairways, balconies and other common areas and facilities are shared by families living in the apartment units.

APARTMENT, GARDEN. See DWELLING, GARDEN APARTMENT.

APARTMENT, HIGH-RISE. See DWELLING, HIGH RISE.

APARTMENT HOUSE. A structure containing three or more apartment units. See DWELLING, MULTI-FAMILY.

APARTMENT, MID-RISE. See DWELLING, MID-RISE.

APARTMENT UNIT. One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two dwelling units.

APARTMENT UNIT, EFFICIENCY. See DWELLING UNIT, EFFICIENCY.

APPLICANT. A person submitting an application for development.

ARCHAEOLOGICAL SITE. Land or water areas which show evidence or artifacts of human, plant or animal activity, usually dating from periods of which only vestiges remain.

ARTERIAL STREET. See STREET, MAJOR ARTERIAL.

ASSESSED VALUATION. The value at which property is appraised for tax purposes.

ASSESSMENT RATIO. The relation between the assessed value of a property and true market value.

ATTACHED DWELLING UNIT. See DWELLING, ATTACHED.

ATTENTION GETTING DEVICE. A device designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights and flashing lights.

AUTOMATIC CAR WASH. A structure containing facilities for washing automobiles using a chair conveyer or other method of moving the cars along, and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

AUTOMOBILE REPAIR GARAGE. A place where the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; painting and undercoating of automobiles.

AUTOMOBILE SALES. The use of any building, land area or other premise for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.

AUTOMOBILE SERVICE CENTER. An establishment in which the retail sale of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including the space for facilities for major storage, repair, bumping, painting and refinishing.

AUTOMOBILE SERVICE STATION. A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of automobiles) are retailed directly to public on premises; including sale of minor accessories and services for automobiles.

AUTOMOBILE WASH. Any building or premises or portions thereof used for washing automobiles.

AUTOMOBILE WRECKING YARD. See JUNKYARD.

BASE FLOOD ELEVATION. The highest elevation, expressed in feet above sea level, of the level of flood waters occurring in the regulatory base flood.

BASEMENT. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

BEDROOM. A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.

BLOCK. A piece of land usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open space, and not traversed by a through street.

BOARDING HOUSE. A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three boarders.

BOARDING STABLE. A structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises.

BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Municipality of Brookville. All bonds shall be approved by the Municipality of Brookville whenever a bond is required by these regulations.

BUFFER STRIP. A strip of land established to protect one type of land use from another with which it is incompatible. Buffer zones are described in the ordinance with reference to neighboring districts. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. Normally, a buffer zone is landscaped and kept in open space uses.

BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements (coverage, yards, setbacks) have been met.

BUILDING. Any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind; and which is permanently affixed to the ground by means of a footer and foundation as defined in the Montgomery County Building Code.

BUILDING, ACCESSORY. A subordinate building detached from, but located in the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

BUILDING, ATTACHED. A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension of eight (8) feet or more. See BUILDING, SEMI-ATTACHED.

BUILDING COVERAGE. The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

BUILDING FRONTAGE. For the purposes of computation of number and area of signs permitted on buildings, in cases where lineal feet of building frontage is a determinant, the frontage of a building shall be computed as the horizontal distance across the front as nearly at ground level as computation of horizontal distance permits. In cases where the test is indeterminant or cannot be applied, as for instance where there is a diagonal corner entrance or where two or more sides of a building have entrance or where two or more sides of a building have entrances of equal importance and carry approximately equal amounts of pedestrian traffic, the administrative official shall select building frontage on the basis of the interior layout of the building, traffic on adjacent streets or other indicators available.

BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the coping of a flat roof or to the deck line of a mansard roof; or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

(Ord. 1987-05. Passed 8-4-87.)

BUILDING LINE. A line parallel to the street right-of-way line or, lot line at the foundation of the principal building and representing the distance which the foundation of the principal building is to be set back from the street right-of-way line, or lot line, except as specified in Chapter 1153. (Ord. 2021-07. Passed 6-15-21.)

BUILDING PERMIT. Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated, and including areas such as garages, carports, storage sheds, etc. which are attached to and architecturally integrated with the principal building.

BUILDING, SEMI-ATTACHED. A building attached to another building by a common wall (such wall being solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension less than eight (8) feet. See BUILDING, ATTACHED.

BULK PLANT. That portion of a property where flammable liquids are received by tank vessel, pipe line, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipe line, tank car, tank vehicle, or container.

BULK REGULATIONS. Standards that control the height, density, intensity and location of structures.

BUSINESS NEIGHBORHOOD. Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carryouts, if less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.

BUSINESS, GENERAL. Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores; and discount stores.

BUSINESS, HIGHWAY. Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.

BUSINESS, OFFICE TYPE. Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting writing clerical, stenographic, and drafting. Institutional offices of a charitable, philanthropic, or religious or educational nature are also included in this classification.

BUSINESS OR TRADE SCHOOL. A use, a college or university providing education or training in business, commercial, language, or other similar activity or pursuit, and not otherwise defined as a home occupation or private educational facility.

BUSINESS WHOLESALE. Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, and/or other wholesale establishments. These commodities are basically for future resale, for use in the fabrication of a product, or for use by a business service.

CAMPING AND RECREATIONAL EQUIPMENT. For the purpose of this Ordinance, camping and recreational equipment shall include the following:

(a) Boat and Boat Trailer. Boat and boat trailer shall include boats, floats and rafts plus the normal equipment to transport the same on the highway.

(b) Folding Tent Trailer. A canvas folding structure, mounted on wheels and designed for travel and vacation uses.

(d) Pickup Camper. A structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.

(e) Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.

(f) Other Recreational Equipment. “Other recreational equipment” shall include snowmobiles, personal watercrafts and all terrain vehicles (ATVS), and any other motorized vehicle designed for recreational purposes.

(Ord. 2002-12. Passed 12-17-02.)

CARPORT. A roofed structure not more than seventy five percent (75%) enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles.

CAR WASH. See AUTOMATIC CAR WASH and AUTOMOBILE WASH.

CEMETERY. Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.

CERTIFICATE OF COMPLIANCE. A document issued by the proper authority that the plans for a proposed use meets all applicable codes and regulations.

CERTIFICATE OF OCCUPANCY. A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

CERTIFICATION. A written statement by the appropriate officer that required constructions, inspections, tests or notices have been performed and comply with applicable requirements.

CHANGE OF USE. The replacement of an existing use by a new use, or a change in the ownership, tenancy, or management where the previous nature of the use, line of business or other function is substantially unchanged.

CHANNEL. A watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.

CHILD CARE CENTER. A private establishment enrolling four or more children between 2 and 5 years of age and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center.

CHURCH. A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

CLINIC. An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

CLUB. A building or portion thereof or premises owned or operated for social, literary, political, educational, or recreational purposes primarily for the exclusive use of members and their guests, but not operated for profit. Alcoholic beverages may be secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale or service of alcoholic beverages is in compliance with all applicable federal, state, county, and local law.

CLUSTER. A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

CLUSTER SUBDIVISION. A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

COHABITATION. Households which contain two unrelated adults of the opposite sex.

COLLEGE. An educational institution authorized by the state to award baccalaureate or higher degrees.

COMMERCIAL ENTERTAINMENT FACILITIES. Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges, and similar entertainment activities.

COMMERCIAL GARAGE. See GARAGE, PUBLIC.

COMMERCIAL GREENHOUSE. A structure in which plants, vegetables, flowers and similar materials are grown for sale.

COMMERCIAL PARKING. A use providing parking and storage of motor vehicles on a fee or for-profit basis, as a principal use and not accessory to a permitted or conditional use.

COMMERCIAL RECREATION. A use providing recreation including bowling lanes, billiard parlors, skating arenas, and similar facilities for patron participation operated on a private or for-profit basis, but excluding uses defined as outdoor recreation service.

COMMERCIAL USE. Activity carried out for pecuniary gain.

COMMON OPEN SPACE. See OPEN SPACE, COMMON.

COMMON OWNERSHIP. Ownership by one or more individuals in any form of ownership of two or more contiguous lots.

COMMUNICATION USE. Establishments furnishing point-to-point communication services whether by wire or radio, either aurally or visually, including radio and television broadcasting and the exchange or recording of messages.

COMMUNITY ASSOCIATION. A homeowners association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.

COMMUNITY CENTER. A place, structure, area, or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

COMMUNITY FACILITY. A building or structure owned and operated by a governmental agency to provide a governmental service to the public.

COMMUNITY ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITIES. A facility which provides resident services to a group of individuals of whom one or more are unrelated. These individuals are mentally and/or physically handicapped, aged, or disabled; are undergoing rehabilitation; and are provided services to meet their needs. This category includes uses licensed, supervised or under contract by any Federal, State, County or other political subdivision. Such facilities shall have 24-hour supervision. Community Oriented Residential Social Service Facilities (Residential Homes) include the following listed categories:

(a) Foster Care Residential Facilities are homes or facilities in which some level of care and/or support is provided to the person residing in the facility who suffers from a mental or physical impairment, is undergoing transition from an institution to the community or for whom other forms of care and support are inappropriate or unavailable. The facility is licensed by an appropriate local and/or state agency which is charged with program development for a specific population. This definition excludes all forms of independent living as well as rest homes, nursing homes, facilities housing more than 16 persons, residences housing one or two persons and institutions.

(1) Family Care Homes are residential facilities that provide room and board, personal care, rehabilitation services, and supervision in a family setting for from three to five persons (adults or children) who are mentally ill, mentally retarded, have any form of developmental disability or cannot reside with their natural family.

(2) Group Care Homes are residential facilities that provide the services of family homes for at least six but not more than sixteen persons (adults or children) who are mentally ill, mentally retarded, have any form of developmental disability or cannot reside with their natural family.

(b) Social Care Homes are residential homes for children or adolescents who lack social maturity or have emotional problems but who have not been judged delinquent. Residency may be permanent or transient.

(c) Intermediate Care Homes are residential homes of children or adolescents who have been assigned by a court to a residential home in lieu of placement in a correctional institution.

(d) Halfway Houses are residential homes for adolescents or adults who have been institutionalized through the criminal justice system and released or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a group setting.

COMPREHENSIVE PLAN. A comprehensive long-range plan intended to guide the growth and development of a community and one that includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and land use.

CONCEPT PLAN. See PLAT, SKETCH.

CONDEMNATION. The exercise by a governmental agency of the right of eminent domain. See EMINENT DOMAIN.

CONDOMINIUM. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

CONFERENCE CENTER. A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.

CONGREGATE HOUSING. A housing arrangement for more than three elderly persons who are independent adults where at least meal services are provided. Other services provided to the residents from within the home may include transportation and housekeeping. Personal assistance or care is not provided.

CONSTRUCTION, BEGINNING OF. The utilization of labor and/or materials on the footings, foundations, walls, roofs and other portions of the building or structure.

CONVALESCENT HOMES. See HOME, CONVALESCENT.

COST-BENEFIT ANALYSIS. An analytic method whereby the actual and hidden costs of a proposed project are measured against the benefits to be received from the project.

COUNTRY CLUB. A land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee.

COURT. Any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building.

COVENANT. A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded. There may be certain legal requirements for formal establishment of a covenant such as a written document, a mutual interest in the property, that the covenant be concerned with the use of the land rather than individual characteristics of the ownership, etc. Covenants are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use, e.g., single-family dwellings. They are also used in rezoning situations, where contract or conditional zoning is permitted, to bind the landowner to use his property in a specific manner. Finally, they have been used by some communities, e.g., Houston, Texas, to accomplish through private restrictions much of what zoning does through governmental action.

COVERED. A space roofed or permanently covered by a structure having less than 50 percent open penetration to the sky.

CUL-DE-SAC. See STREET, CUL-DE-SAC.

DATA PROCESSING SERVICES. A business providing services such as complete processing and preparation of reports from data supplied by customers; specialized services such as data key entry; or making data processing and computer equipment available to others on a time share basis.

DAY CARE HOME. Use of a dwelling unit or portion thereof licensed by the State for daytime care of up to 3 persons, excluding children within the family occupying such dwelling unit. This term includes nursery schools, pre-schools, and similar facilities.

DAY CARE CENTER. A facility licensed by the state for daytime care of more than 3 persons. This term includes nursery schools, pre-schools, and similar facilities.

DEAD-END STREET. See THOROUGHFARE; STREET; DEAD-END STREET.

DECIBEL. A unit of sound pressure level.

DECIDUOUS. Plants that drop their leaves before becoming dormant in winter.

DEDICATION. Gift or donation of property by the owner to another party.

DEED RESTRICTION. See COVENANT.

DENSITY. A unit of measurement; the number of dwelling units per acre of land.

(a) Gross Density. The number of dwelling units per acre of the total land to be developed.

(b) Net Density. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.

DETENTION BASIN (POND). A storage facility for the temporary storage of storm-water runoff.

DEVELOPED PROPERTY. Property upon which a building has been erected.

DEVELOPER. The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

DEVELOPMENT ANALYSIS STUDY. An analysis of the alternative uses and potential alternative markets for a parcel of real estate.

DEVELOPMENT, PLANNED. See PLANNED DEVELOPMENT.

DEVELOPMENT REGULATION. Zoning, subdivision, site plan, official map, flood plain regulation or other governmental regulation of the use and development of land.

DEVELOPMENT RIGHTS. The potential for the improvement of a parcel of real property, measured in dwelling units or units of commercial or industrial space, existing because of the zoning classification of the parcel.

DEVELOPMENT STANDARDS. Standards controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Development standards include regulations controlling maximum height, minimum lot area, minimum lot frontage, minimum size of yards and setbacks, maximum lot coverage and maximum floor area ratio.

DEVELOPMENT TIMING. Regulating the rate and geographic sequences of development.

DEVELOPMENTALLY DISABLED. Having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or dyslexia resulting from these, or any other condition closely related to mental retardation in terms of intellectual and adaptive problems.

DISTRICT. A portion of the Municipality within which certain uniform regulations and requirements or various conditions thereof apply under the provisions of the Zoning Ordinance.

DORMITORY. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

DOUBLE WIDE UNIT. Two mobile home units, attached side by side, which constitute the complete mobile home.

DOWN ZONE. To increase the intensity of use by increasing density or floor area ratio or otherwise decreasing bulk requirements.

DRAINAGE.

(a) Surface water runoff;

(b) The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

DRAINAGE AREA. That area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream.

DRAINAGE DISTRICT. A district established by a governmental unit to build and operate facilities for drainage.

DRAINAGE SYSTEM. Pipes, swales, natural features and man-made improvements designed to carry drainage.

DRAINAGEWAY. A water course, gully, dry stream, creek, or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers, or which services the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek or ditch.

DRIVE-IN RESTAURANT. See RESTAURANT, DRIVE-IN.

DRIVE-IN USE. An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

DRIVEWAY, PRIVATE. A private way for vehicular travel which provides access from an off-street parking area to a public or private street.

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

DUPLEX. See DWELLING, TWO FAMILY.

DWELLING. Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a mobile home, tent, cabin, trailer or trailer coach or other temporary or transient structure or facility.

DWELLING, AGRICULTURAL ACCESSORY. Single family detached accessory structure which provides living quarters for an on-site agricultural employee receiving a major portion of his/her income from such employment.

DWELLING, ATTACHED. A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

DWELLING, DETACHED. A dwelling which is not attached to any other dwelling by any means.

DWELLING, GARDEN APARTMENT. A garden apartment is a multi-family dwelling. The commonly accepted configuration of a garden apartment in terms of density (usually 10- to 15-dwelling units per acre in a suburban community, somewhat higher in an urban area and lower in a rural area), height (usually not more than a maximum of 2 1/2 stories or 35 feet with two levels of dwelling units), and maximum length of a structure (usually between 150-200 feet). Access is usually from a common hall, although individual entrances can be provided. Dwelling units can be located on top of each other, and communities may opt to permit or prohibit the back-to-back type of units.

DWELLING GROUPS. A group of two (2) or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.

DWELLING, HIGH-RISE. An apartment building of eight or more stories.

DWELLING, MID-RISE. An apartment building containing from three to seven stories.

DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, PATIO HOUSE. A one-family dwelling on a separate lot with open space setbacks on three sides and with a court.

DWELLING, QUADRUPLEX. Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.

DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE, DORMITORY). A dwelling part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.

DWELLING, ROW. A dwelling having a party wall on each side in common with an adjoining dwelling unless it is situated as the outermost dwelling; in the latter case, it will have a party wall on one side only. A row dwelling shall be considered to be a multiple-family dwelling.

DWELLING, SEMIDETACHED. A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.

DWELLING, SINGLE-FAMILY DETACHED. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. See DWELLING, DETACHED.

DWELLING, 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 common fire resistant walls.

DWELLING, TRIPLEX. A dwelling containing three dwelling units, each of which has direct access to the outside or to a common hall.

DWELLING, TWO-FAMILY. A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis; physically separated from any other rooms or dwelling units which may be in the same structure; and containing independent cooking and sleeping facilities.

DWELLING UNIT, EFFICIENCY. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

DWELLING, INDUSTRIAL UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and, when installed, constitutes a dwelling unit except for necessary preparations for its placement and including a modular or sectional unit but not a mobile home.

EARTH STATION (or DISH ANTENNA). Earth station shall mean a combination of:

(a) Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;

(b) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and

EARTH STATION (or DISH ANTENNA HEIGHT). This shall mean the height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base which supports the antenna.

EARTH TONES. Earth tones are muted shades of gray and muted shades and medium to dark tones of the following colors: burnt umber, raw umber, raw sienna, burnt sienna, Indian red, English red, yellow ochre, chrome green and terra verts.

EASEMENT. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

EASEMENT, AFFIRMATIVE. An easement which gives the holder a right to make some limited use of land owned by another. See EASEMENT IN GROSS.

EASEMENT, APPURTENANT. An easement that runs with the land.

EASEMENT, CONSERVATION. An easement precluding future or additional development of the land.

EASEMENT, CONTINUING. An easement that is self-perpetuating and runs with the land.

EASEMENT, DRAINAGE. An easement required for the installation of storm water sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.

EASEMENT, EXPRESS. An easement that is expressly created by a deed or other instrument.

EASEMENT, IN GROSS. An easement created for the personal benefit of the holder.

EASEMENT, NEGATIVE. An easement which precludes the owner of the land from doing that which the owner would be entitled to do if the easement did not exist.

EDUCATIONAL INSTITUTION. Schools and/or seminaries administered by churches or religious organizations; schools, colleges or universities operated under charter or license from the state and any nonprofit institution, residence or home operated for the education of five (5) or more students.

EGRESS. An exit.

ELDERLY AND HANDICAPPED PERSONS.

(a) Persons who are sixty-two years of age or over;

(b) Families where either the husband or wife is sixty-two years of age or older; and

(1) Are expected to be of long continued and indefinite duration;

(2) Substantially impede the ability to live independently, and;

(3) Are of such a nature that the ability to live independently could be improved by more suitable housing conditions.

ELECTRONIC, MECHANICAL OR VIDEO GAMES. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, token, slug, ball, or any other article or device, or by paying therefor, either in advance of or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing, machine, basketball game machine, baseball game machine, football game machine, electronic video game or electronic devices. Zoning provisions for such machines or facilities exclude those which are sample or "demonstrator" machines in a retail sales, rental, or service facility.

ELEEMOSYNARY OR PHILANTHROPIC INSTITUTION. A private or nonprivate organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.

ELEVATION.

(a) A vertical distance above or below a fixed reference level;

(b) A flat scale drawing of the front, rear, or side of a building.

EMINENT DOMAIN. The legal right of government to acquire or "take" private property for public use or public purpose upon paying just compensation to the owner. While originally used only when land was to be kept in public ownership, i.e., for highways, public buildings, or parks, property has been condemned under eminent domain powers for private use in the public interest such as urban renewal. (See also INVERSE CONDEMNATION; POLICE POWER; TAKING.)

ENABLING ACT. The legislative act authorizing a governmental agency to do something which previously could not be done.

ENCLOSED. A covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than 100 square feet surrounded by a building or walls exceeding 8 feet in heights.

ENCROACHMENT. Any obstruction in a delineated floodway, right-of-way or adjacent land.

ENVIRONMENTAL IMPACT STATEMENT (EIS). A statement on the effect of development proposals and other major actions which significantly affect the environment.

ERECTED. Built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for the construction. Excavation, fill, drainage and the like shall be considered a part of erection.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipe, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

ESTABLISHMENT. A building or structure used for commercial or industrial purposes including stores, shops, plants factories, warehouses, wholesale houses and the like.

EQUIPMENT YARD. A use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching or service vehicles; or distribution of supplies or construction materials required in connection with a business activity, pubic utility service, transportation service, or similar activity. The term "equipment yard" shall include a construction materials yard, corporation yard, vehicular service center, or similar use.

EXCAVATION. Any breaking of ground, except common household gardening and ground care.

EXCLUSIONARY ZONING. Zoning which has the effect of keeping out racial minorities, poor people, or in some cases, additional population of any kind. Techniques such as large-lot zoning or high floor area or minimum residential floor-area requirements which increase housing costs have been challenged for their potential exclusionary effects. Similarly, discretionary techniques have been subject to challenge; they may permit a community to deny certain applications and conceal the real reasons. Exclusionary zoning, in all its subtle variations, is considered by many the most effective and persuasive tool used by suburbs to maintain their homogenous character. A growing number of state court decisions are invalidating exclusionary practices, whether intentional or unintentional, and in some cases are requiring affirmative, inclusionary practices. On the other hand, discretionary techniques, such as inclusionary zoning, can be an important part of an inclusionary land-use program.

EXISTING GRADE OR ELEVATION. The vertical location of the ground surface prior to excavating or filling.

EXISTING USE. The use of a lot or structure at the time of the enactment of a zoning ordinance.

EXTENDED CARE FACILITY. A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. See LONG-TERM CARE FACILITY and NURSING HOME.

EXTERIOR WALL. Any wall which defines the exterior boundaries of a building or structure.

FABRICATION. The stamping, cutting, assembling or otherwise shaping of processed materials into useful objects, excluding the refining or other initial processing of basic raw materials.

FACADE. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption or marriage, no such family shall contain over three (3) persons.

FACTORY-BUILT HOUSE. See DWELLING-INDUSTRIAL UNIT.

FAIR MARKET VALUE. The price of a building or land which would be agreed upon voluntarily in fair negotiations between a knowledgeable owner willing, but not forced, to sell and a knowledgeable buyer willing, but not forced, to buy.

FAIR SHARE HOUSING PLANS. Plans designed to promote low- and moderate-income housing opportunities equitably distributed among all of a region's communities.

FARM. All of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his own labor or with the assistance of members of this household or hired employees; provided, however, that land to be considered a farm hereunder shall include a continuous parcel of five acres or more in area; provided further, farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries, but establishments keeping or operating fur-bearing animals, riding or boarding stables, commercial dog kennels, stone quarries or gravel or sand pits shall not be considered farm hereunder unless combined with bona fide farm operations on the same continuous tract of land of not less than twenty acres. No farms shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.

FARM STAND. A booth or stall located on a farm from which produce and farm products are sold to the general public.

FARM STRUCTURE. Any building or structure used for agricultural purposes.

FAST-FOOD RESTAURANT. See RESTAURANT, FAST FOOD.

FEEDLOT.

(a) "Feed lot" shall mean any premises used principally for the raising or keeping of animals in a confined feeding area.

(b) "Confined feeding area" shall mean any livestock feeding, handling, or holding operation or feed yard where animals are concentrated in an area:

(1) Which is not normally used for pasture or for growing crops and in which animal wastes may accumulate; and

(2) Where the space per animal unit is less than 600 square feet.

(c) "Feed lot" is not intended to otherwise preclude the raising of animals as part of a general farming and/or livestock operation or as an FFA, 4-H, or other student project in an agricultural zone.

(d) "General farming and/or livestock operation" shall mean one in which the confined feeding of animals is an incidental part of the total livestock operation.

FINANCE, INSURANCE AND REAL ESTATE. Establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, buyers, sellers, agents and developers of real estate.

FINISH ELEVATION. The proposed elevation of the land surface of a site after completion of all site preparation work. See GRADE, FINISHED.

FISCAL ZONING. Designing zoning regulations for the purpose of attracting uses which will bring in more in local tax revenue than they will cost in public services. Since the greatest single cost to local government is education, sophisticated fiscal zoning would tend to limit single-family housing in favor of small apartments generating few school children and the higher tax ratables of business and industry. Because of such policies, competition for ratables may be heightened. In many instances, unsophisticated fiscal zoning has been based only on the tax revenue side of the ledger, without regard to service costs. Here apartments would be discouraged and single-family housing promoted on grounds of the tax return per unit. This kind of one-sided fiscal zoning is often used as an argument for exclusive zoning.

FLEA MARKET. An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

FLOATING ZONE. An unmapped zoning district where all the zone requirements are contained in the ordinance and the zone is fixed on the map only when an application for development, meeting the zone requirements, is approved.

FLOOD. A temporary rise in stream level that results in inundation of areas not ordinarily covered by water.

FLOOD, BASE FLOOD ELEVATION. See BASE FLOOD ELEVATION.

FLOOD DAMAGE POTENTIAL. The susceptibility of a specific land use at a particular location to damage by flooding, and the potential of the specific land use to increase off-site flooding or flood-related damages.

FLOOD, FREQUENCY. The average frequency statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.

FLOOD FRINGE AREA. That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus twenty-five percent of the regulatory base flood discharge. See FLOODWAY; FLOOD.

FLOOD HAZARD AREA. The flood plain consisting of the floodway and the flood fringe area. See FLOOD PLAIN.

FLOOD HAZARD DESIGN ELEVATION. The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.

FLOOD INSURANCE RATE MAP. The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOODPLAIN, REGIONAL. The area inundated by the regional flood (100 Year Frequency Flood). This is the floodplain area which shall be regulated by the standards and criteria in this Ordinance.

FLOODPROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities and other utilities, structures and the contents of buildings.

FLOODWAY. The channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

FLOOR AREA (GROSS). The sum of the gross horizontal area of all the floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. Floor area shall include the area of basements when used for residential, commercial, or industrial purposes, but shall not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment. In calculating floor area, the following shall not be included:

(a) Attic space providing structural head room of less than seven (7) feet, six (6) inches.

(b) Uncovered steps.

(d) Automobile parking space in a basement or private garage.

(e) Accessory off-street loading berths, but not to exceed twice the space required by the provisions of this Ordinance. (Ord. 1987-05. Passed 8-4-87.)

FLOOR AREA (MINIMUM). Minimum floor area is the minimum required living area for a residential dwelling unit in each zoning district. Minimum floor area is determined by calculating the total area of a residential dwelling unit, excluding basements, attics, garages, carports or exterior parking spaces, terraces, breezeways and patios, pools, accessory buildings of any kind, or any other exterior structure.

(Ord. 2004-11. Passed 11-16-04.)

FLOOR AREA (NET). The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

FLOOR AREA RATIO. The floor area ratio of the building or other structure on any lot is determined by dividing the gross floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for buildings or other structures, in direct ratio to the gross area of the lot.

FOSTER CARE FACILITY. A residence for children or adolescents who are otherwise normal, but for various reasons cannot reside with their natural families, and who are provided 24 hour adult care and supervision by a foster parent or parents in a home setting. Foster care facilities shall be approved by the appropriate public or private health/welfare agency.

FRATERNAL ORGANIZATION. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

FRONT FOOT. A measure of land width, being one foot along the front lot line of a property.

FRONT LOT LINE. See LOT LINE, FRONT.

FRONT YARD. See YARD, FRONT.

FRONTAGE. That portion of a lot, parcel, tract or block abutting upon a street. See YARD, FRONT.

FUNERAL HOME. A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE. A deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

GARAGE, PRIVATE RESIDENTIAL. A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

GARDEN APARTMENT. See DWELLING, MULTI-FAMILY.

GRADE. The degree of rise or descent of a sloping surface.

GRADE, FINISHED. The final elevation of the ground surface after development.

GRAVEL PIT. An open land area where sand, gravel and rock fragments are mined or excavated for sale or off-tract use.

GREEN AREA. Land shown on a development plan, comprehensive plan or official map for preservation, recreation, landscaping or parks.

GREENBELT. A strip of land parallel to and extending inwardly from the lot lines or right-of-way lines. Said greenbelt shall be maintained at all times in grass, trees, shrubs or plantings and no structures, parking areas or signs shall be permitted.

GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. See NURSERY.

GROSS FLOOR AREA. See FLOOR AREA, GROSS and NET.

GROSS HABITABLE FLOOR AREA. See FLOOR AREA, NET.

GROSS LEASABLE AREA. The total floor area for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use.

GROUND COVER. Grasses or other plants grown to keep soil from being blown or washed away.

GROUND COVERAGE. See LOT COVERAGE.

GROUND FLOOR. The first floor of a building other than a cellar or basement.

GROUNDWATER. The supply of freshwater under the surface in an aquifer or soil that forms the natural reservoir for potable water.

GROUNDWATER RUNOFF. Groundwater that is discharged into a stream channel as spring or seepage water.

GROUP CARE FACILITY. A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.

GROUP QUARTERS. A dwelling that houses unrelated individuals.

HABITABLE FLOOR AREA. Any room in a dwelling unit other than a kitchen, bathroom, closet, pantry, hallway, cellar, storage space, garage and basement recreation room.

HALFWAY HOUSE. See COMMUNITY ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITIES.

HARDSHIP VARIANCE. See VARIANCE, HARDSHIP.

HARD SURFACE. Any asphalt, concrete or weed-free compacted gravel surface.

(Ord. 1994-02. Passed 5-17-94.)

HEALTH CARE FACILITY. A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment or human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer. See HEALTH SERVICES.

HEALTH SERVICES. Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.

HEIGHT. The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. See BUILDING HEIGHT.

HIGH-RISE. See DWELLING, HIGH RISE.

HOME OCCUPATION. An occupation conducted in a dwelling unit, provided that;

(a) Only members of the family residing on the premises shall be engaged in such occupation;

(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct or such home occupation other than one sign, not exceeding two square feet in area, nonilluminated, and mounted flat against the wall of the principal building;

(d) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard;

(e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or causes fluctuations in line voltage off the premises. (See attached.)

HOMEOWNERS ASSOCIATION. A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.

HORTICULTURE. The cultivation of a garden or orchard.

HOSPITAL. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. See CLINIC.

HOTEL, MOTEL AND INN. A building or group of buildings containing more than twelve guest rooms, where, for compensation, lodging is provided for more than twelve transient visitors, excluding a fraternity or sorority house, school or college dormitory as defined herein. A hotel, motel or inn may contain a restaurant or restaurants.

HOUSEHOLD. A family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

HOUSING ASSISTANCE PLAN (HAP). The identification of housing needs and the establishment of housing goals for low- and moderate-income households as developed by applicants for community development block grants under the requirements of the U.S. Department of Housing and Urban Development.

HOUSING FOR THE ELDERLY OR HANDICAPPED. A building or buildings containing dwellings and related facilities, such as dining, recreational services or therapy areas, where the occupancy of the dwellings is restricted to elderly or handicapped persons as defined herein. Such use may include facilities for independent or semi-independent living, day care, personal care nursing facilities or services to the elderly of the community when it is an ancillary part of one of the above operations. Any combination of the foregoing uses may be allowed and still be considered as qualifying under this definition. (See COMMUNITY RESIDENTIAL SOCIAL SERVICE FACILITIES.)

IMPERVIOUS SURFACE. Any material which reduces and prevents absorption of storm water into previously undeveloped land.

IMPROVED LOT. A lot containing an improvement.

IMPROVEMENT. Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INCENTIVE ZONING. The granting by the local authority of additional development capacity in exchange for the developer's provision of a public benefit or amenity.

INCLUSIONARY ZONING. A positive and active policy and program of a community to attract racial minorities or low- and moderate-income residents. Such policies, analogous to affirmative action in job recruitment, go beyond the avoidance of techniques which discourage certain classes of people from moving into an area; they actively seek to invite such groups. Inclusionary zoning devices usually include offering incentives or bonuses to developers for building low- or moderate-cost housing or exceptions to traditional controls. Such practices are rare, but they are being experimented with in a number of places. While some courts have accepted the idea of inclusionary incentives, they have generally invalidated the techniques. Inclusionary policies are a response to the challenges being levied at exclusionary zoning.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A system for the disposal of sanitary sewage in the ground, which is so designed and constructed as to treat sewage in a manner that will retain most of the settleable solids in a septic tank and discharge the liquid portion to an adequate disposal field.

INDUSTRIAL PARK. A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

INFRASTRUCTURE. Facilities and services needed to sustain industry, residential and commercial development.

INGRESS. Access or entry.

INSTITUTIONAL USE. A nonprofit or quasi-public use or institution such as a church, library, public, or private school, hospital, or municipally owned or operated building, structure or land used for public purpose.

INTENSITY. The degree to which land is used. While frequently used synonymously with density, intensity has a somewhat broader, though less clear meaning, referring to levels of concentration or activity in uses such as residential, commercial, industrial, recreation, or parking. Land-use-intensity ratings have been proposed as an improved approach to regulating residential intensity, but may be difficult to apply to other fields.

INTERCEPTOR SEWERS. Sewers used to collect the flows from main and trunk sewers and carry them to a central point for treatment and/or storage.

INTERIOR LOT. See LOT, INTERIOR.

INVERSE CONDEMNATION. The taking of private property as a result of governmental activity without any formal exercise of eminent domain.

ISOLATED LOT. An undeveloped substandard lot in separate ownership from surrounding property.

JOINT OWNERSHIP. The equal estate interest of two or more persons.

JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, rubber; junked, dismantled, or wrecked motor vehicles or parts thereof; iron, steel, and other old or scrap ferrous or nonferrous materials which are not held for sale or remelting purposes by an establishment having facilities for processing such materials.

JUNK YARD. An establishment or place of business (other than an establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes), which is maintained or operated for the purpose of storing, keeping, buying, or selling junk; or for the maintenance or operation of an automobile graveyard, except an establishment or place where automobiles, wrecked or otherwise, are held or impounded for a period not to exceed ninety (90) days exclusively for storage, repair, or resale without alteration.

JUST COMPENSATION. Payment made to a private property owner by an agency with power of eminent domain when the private property is taken for public use.

KENNEL. Any lot, building, structure, enclosure or premises whereupon or wherein are kept five (5) or more dogs of six (6) months of age or older for more than five (5) days.

LABORATORY. A building or part of a building devoted to research, testing and analysis of any material or substance.

LAND SURVEYOR. One who is licensed by the State as a land surveyor and is qualified to make accurate field measurements and mark, describe, and define land boundaries.

LAND USE. A description of how land is occupied or utilized.

LAND USE INTENSITY (LUI) STANDARDS. A system of bulk regulations, designed primarily for large scale developments, and based on the physical relationship between specific development factors.

LAND USE PLAN. The land use element of the Comprehensive Plan showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes.

LARGE LOT ZONING. Low density residential development which requires a large parcel of land (usually more than one acre) for each dwelling.

LATERAL SEWERS. Pipes conducting sewerage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-ways.

LAUNDROMAT. An establishment providing washing, drying or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.

LEAPFROG DEVELOPMENT. The development of relatively cheap land on the urban fringe by jumping over the more expensive land located immediately adjacent to existing development. Land located in the expected path of development, i.e., with good access to transportation or utilities or next to existing built-up areas, tends to sell at a premium price. Developers often find that they can skip this expensive land and buy up other land, usually farms, at some distance, sometimes several miles out. While the houses may be cheaper, the result may be serious problems for both the new residents and the public. Not only may there be inadequate access to transportation and utilities, but other public services, shopping, and other support services may be lacking, and they may cost much more to provide. Urban limit lines, acreage zoning, and a variety of other growth management techniques may be imposed to prevent such development.

LIVE ENTERTAINMENT. Any entertainment, provided in eating and/or drinking places, other than music mechanically produced by jukeboxes or other devices for the dissemination of recorded music.

LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials; and which abuts upon a street, alley or other appropriate means of access.

LODGE.

(a) A building or group of buildings under single management, containing both rooms and dwelling units available for temporary rental to transient individuals or families;

(b) The place where members of a local chapter of an association hold their meetings; and the local chapter itself.

LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, including all open spaces required by this Zoning Ordinance, and having frontage on a public street.

(a) Corner. A lot abutting upon two (2) or more streets at their intersection or upon two parts of the same street, and in either case forming an interior angle of one hundred thirty-five (135) degrees or less.

(b) Double Frontage. A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

(d) Zoning. A parcel of land not separated by street or alley that is designated by its owner or developer at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:

(1) A single lot of record; or

(2) A portion of a lot of record; or

(3) A combination of complete lots and portions of lots of record, or portions of lots of record.

LOT AREA. The computed area contained within the lot lines.

LOT AREA, NET. Net lot area is the total horizontal net area within the lot lines of a lot or parcel exclusive of existing or proposed public streets, highways, roads and alleys, or proposed streets and highways as shown on the Circulation Plan, General Plan, or Community Plan.

LOT COVERAGE. That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

LOT FRONTAGE. The distance between the side lot lines, measured by a line drawn parallel with the front lot line at a point of required minimum front yard depth.

LOT LINES:

(a) Front. A street right-of-way line forming the boundary of a lot. On a corner lot, the street right-of-way lines with the least amount of street frontage shall be the front lot line.

(b) Rear. The lot line that is most distant from, and is, or is most nearly parallel to, the front lot line. If a rear lot line is less than fifteen (15) feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least fifteen (15) feet long, laying wholly within the lot, parallel to the front lot line.

(c) Side. A lot line which is neither a front lot line nor a rear lot line. On a corner lot, the street right-of-way line with the greatest amount of street frontage shall be a side lot line.

LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Montgomery County: or a parcel or tract of land, the deed to which was of record as of the effective date of this Zoning Ordinance.

LOW-INCOME HOUSING. Housing that is economically feasible for families whose income level is categorized as low within the standards promulgated by the United States Department of Housing and Urban Development or the appropriate State housing agency.

MAINTENANCE AND STORAGE FACILITIES. Land, buildings, and structures devoted primarily to the maintenance and storage of the construction equipment and material.

MANUFACTURING. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.

MANUFACTURING, HEAVY. Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large site, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as noise, vibration, dust, glare, but not beyond the district boundary.

MANUFACTURING, LIGHT. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operated and stored within enclosed structures; and generate little industrial traffic and no nuisances.

MANUFACTURING, EXTRACTIVE. Any mining, quarrying, excavating processing, storing, separating, cleaning, or marketing of any mineral natural resources.

MAP, BASE. A map showing the important natural and man-made features of an area. Such maps are used to establish consistency when maps are used for various purposes, i.e., reproductions of the same base map could be used to show natural resource limitations, public facilities, and land use and as the basis for the official zoning map. The scale and degree of detail shown on the base map depends on the size of the area.

MARKETABILITY STUDY. A study that measures the economic demand for a particular site and/or land use.

MARQUEE. Any hood, canopy, awning or permanent construction which projects from a wall of a building, usually above an entrance.

MEAN. The average of a number of figures computed by adding up all the figures and dividing by the number of figures.

MEDIAN. The middle number in a series of items in which fifty percent of all figures are above the median and fifty percent are below.

METER. A metric scale measure equal to 3.28 feet.

METES AND BOUNDS. A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets, or, in rural areas, a tree or other permanent feature. It is the most precise of the three most common forms of urban land description (the others are by street number of house and by blocks and lots in tract subdivision). It is used with precision where land values are high and, more loosely, in rural areas.

METROPOLITAN AREA. An area whose economic and social life is influenced by a metropolis and whose boundaries are roughly defined by the commuting limits to the center city.

MEZZANINE. A partial story between two full stories.

MID-RISE. See Dwelling, Mid-Rise.

MINI-MALL. A shopping center of between 80,000 to 150,000 square feet on a site of 8 to 15 acres where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway.

MINING. The extraction of minerals including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and floatation; and other preparation customarily done at the mine site or as part of a mining activity.

MINI-WAREHOUSE. A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

MIXED USE DEVELOPMENT (MXD). The development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.

MOBILE HOME. A detached residential dwelling unit designed for transportation after fabrication on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, locations on jacks or other temporary or permanent foundations, connection to utilities, and the like. The term "mobile home" does not include modular dwellings intended for assembly on-site and not designed for subsequent or repeated relocation.

MOBILE HOME, DOUBLE-WIDE. A mobile home built and transported in two or more sections on separate chassis, designed to be joined together at the point of use to form a single dwelling.

MOBILE HOME PARK. Premises where two or more mobile homes are parked for living or sleeping purposes, or where spaces or lots are set aside or offered for sale or rent for use by mobile homes for living or sleeping purposes, including any land, building, structure, or facility used by occupants of mobile homes on such premises.

MODE. In statistics, the value or number that occurs most frequently in a given series.

MODERATE INCOME. Moderate income, when used by itself or as a modifier of person or household or other term shall mean 80%-120% of the median income as established annually by the U.S. Department of Housing and Urban Development for the Dayton Metropolitan Statistical Area as adjusted for the number of members of the household.

MODULAR HOUSING. See DWELLING, INDUSTRIAL UNIT.

MORATORIUM. A temporary halting or severe restriction on specified development activities. Moratoriums on the issuance of building permits or on sewer hookups, for example, may be imposed to allow the community to build the necessary utilities to accommodate the new development. Interim zoning can be considered a form or moratorium which gives time for the zoning ordinance to be changed (or a new one prepared) to allow for changing conditions and needs. Moratoriums are increasingly common and are generally considered to be legal when not abused.

MORTUARY. A place for the storage of human bodies prior to their burial or cremation.

MOTEL. An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

MOTOR FREIGHT TERMINAL. A building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to transshipment.

MULTIPHASE DEVELOPMENT. A development project that is constructed in stages, each stage being capable of existing independently of the others.

MUNICIPALITY. The Municipality of Brookville, Ohio.

NATIONAL FLOOD INSURANCE PROGRAM. A federal program which authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately.

NATIONAL HISTORIC PRESERVATION ACT. A 1966 federal law that established a National Register of Historic Places, the Advisory Council on Historic Preservation and authorizing grants in aid for historic properties preservation.

NATIONAL REGISTER OF HISTORIC PLACES. The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the nation's history or whose artistic or architectural value is unique.

NONCONFORMING LOT. A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

NONCONFORMING SIGN. Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

NONCONFORMING STRUCTURE OR BUILDING. A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

NONCONFORMING USE. A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

NUISANCE. Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. There are many types of nuisances, and the law can be invoked to determine when, in fact, a nuisance exists and should be abated. Nuisance law forms part of the basis for zoning. The separation of uses through zoning, e.g., industrial from residential, helps to foster the enjoyment of residential areas free from pollution, noise, congestion, and the other characteristics of industrial areas. Performance standards, which are better able to measure degree of nuisance, have been developed as a way of dealing with activities by the way they perform, rather than as classes.

NURSERY. See CHILD CARE CENTER.

NURSERY, PLANT MATERIALS. Land, building, structure, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of nursery within the meaning of this Ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

NURSING HOME, REST HOME OR CONVALESCENT HOME. A place, residence or home used for the boarding and care, for a consideration, of not less than three (3) persons, not members of the immediate family operating such facilities, who by reason of age or infirmity are dependent upon the services of others.

OCCUPANCY OR OCCUPIED. The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

OCCUPANCY PERMIT. A required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances.

OCCUPANT. The individual or individuals in actual possession of a premises.

OFFICE, GENERAL. An office for the use of (1) professional persons such as doctors, lawyers, accountants, etc., or (2) general business office such as insurance companies, trade associations, manufacturing companies, investment concerns, banks and trust companies, real estate companies, etc., but not including any kind of retail or wholesale store or warehouse, except as otherwise provided herein.

OFFICE, PROFESSIONAL. A single family structure used for professional office purposes by any member or members of a recognized profession, such as, but not limited to, doctors, lawyers, architects, accountants, engineers and veterinarians, but not including medical, dental or veterinarian clinics or in-patient treatment facilities. Professional offices do not include general business offices, such as the offices of insurance companies, trade associations, manufacturing companies, investment concerns, banks or real estate companies.

OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

OPEN SPACE, GREEN. An open space area not occupied by any structures or impervious surfaces.

OPEN SPACE, PRIVATE. Common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

OPEN SPACE, PUBLIC. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

OPEN SPACE, RATIO. Total area of open space divided by the total site area in which the open space is located.

OPTION. An exclusive right to purchase, rent or sell a property usually at a stipulated price and within a specified time.

ORDINANCE. A municipally adopted law or regulation.

OUTBUILDING. A separate accessary building or structure not physically connected to the principal building.

OVERHANG.

(a) The part of a roof or wall which extends beyond the facade of a lower wall;

(b) The portion of a vehicle extending beyond the wheel stops or curb.

OWNER. Any person who, alone or jointly or severally with others, shall have legal title to any land or structure, with or without accompanying actual possession thereof; or shall have charge, care or control of any land or structure as owner or agent of the owner; or as executor, administrator, conservator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provision of this Ordinance and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

PACKAGE PLANT. Small, self-contained sewage treatment facilities built to serve developed areas beyond the service area of sanitary sewers.

PARAPET. The extension of the main walls of a building above the roof level.

PARCEL. A lot or tract, or contiguous groups or portions of such lots and/or tracts shown on the assessor's roll of Montgomery County, or contiguous area of land under legal control of any one person, partnership, firm corporation, syndicate, agency or institution. See also LOT and TRACT.

PARKING SPACE. An area of definite length and width; said area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles. Such area shall be located totally outside of any street or alley right-of-way.

PARKING SPACE, PUBLIC. An off-street parking area publicly or privately owned available for public use whether free, for compensation or as an accommodation for clients or customers.

PERFORMANCE BOND OR SURETY BOND. An agreement by a subdivider or developer with the Municipality of Brookville for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreements.

PERFORMANCE STANDARDS. A minimum requirement or maximum allowable limit on the effects or characteristics of a use, usually written in the form of regulatory language. A building code, for example, might specify a performance standard referring to the fire resistance of a wall, rather than specifying its construction materials. Performance standards in zoning might describe allowable uses with respect to smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact, and so on, instead of the more traditional classifications of "light" or "heavy" lists of uses. It is a more precise way of defining compatibility and at the same time is intended to expand developer's options. The performance standards have been in the area of industrial emissions. (Local requirements in many fields, especially pollution control, have now been superseded by federal or state regulations.) Because such measures require technical skill and often some expensive equipment, small communities have tended to prefer the more traditional specification standard approach. In such places, clear statements of purpose or intent often are substituted for precise measurable standards.

PERIMETER. The boundaries or borders of a lot, tract, or parcel of land.

PERMITTED USE. A use by right which is specifically authorized in a particular zoning district. It is contrasted with Special Uses which are authorized only if certain requirements are met and after review and approval by the Planning Commission.

PERSON. A corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof.

PERSONAL SERVICES. A use providing services of a personal convenience nature, cleaning, repair, or sales incidental thereto, and including art, dance, or music studios, beauty and barber shops, shoe repair, self-service laundry and cleaning service, laundry and cleaning pick-up stations (where bulk cleaning and servicing is done elsewhere), repair and fitting of clothes and personal accessories, copying, and similar services.

PERVIOUS SURFACE. Any material that permits full or partial absorption of storm water into previously unimproved land. See IMPERVIOUS SURFACE.

PLANNING. The decision-making process in which goals and objectives are established, existing resources and conditions analyzed, strategies developed, and controls enacted to achieve the goals and objectives to which they relate.

PLANNED UNIT DEVELOPMENT (PUD). Planned Unit Development is:

(a) Land under unified control, planned and developed as a whole, and

(b) In a single development operation or a definitely programmed series of development operations including all lands and buildings, and

(c) According to comprehensive and detailed plans which include not only streets, utilities, lots, or building sites and the like, but also site plans and design principles for all buildings as intended to be located, constructed, used, and related to each other; and detailed plans for other uses and improvements on the land as related to buildings, and

(d) With a program for provision, operation, and maintenance of such areas, improvements, and facilities necessary for common use by some or all of the occupants of the development, but which will not be provided, operated, or maintained at general public expense.

While PUD has most commonly been used for housing development, it also is frequently applied to other forms of development such as shopping centers, industrial and office parks, and to mixed-use developments. Planned unit development allows the unified, and hence potentially more desirable and attractive, development of an area, based on a comprehensive site plan. PUD can have a number of advantages over conventional lot-by-lot development including: mixing building types and uses to create more heterogeneous and "alive" communities; combining often unusable yard space on individual lots into larger common open spaces; offering greater opportunities for incentives to building lower-cost housing; lower street and utility costs resulting from reduced frontage; and the possibility of increasing the density of a development while keeping desired amenities.

PLANNING COMMISSION. The Planning Commission of the Municipality of Brookville, Ohio.

PLAT. A map, generally of a subdivision, showing the location, boundaries, and ownership of individual properties. A plat may simply be the device for officially recording ownership changes or lot divisions; in communities which have subdivision regulations, submission and approval of a plat is a prerequisite to building. Approval of a preliminary plat, usually by the Planning Commission, involves a determination that the subdivision conforms to the regulations and to the lot-size requirements of the zoning ordinance. To plat means to subdivide; where subdivision regulations are in effect this in turn may mean to obtain the necessary approvals without necessarily intending to improve or build, or, where they are not, to record. Property is frequently platted as a speculative venture; platted, but undeveloped property, may require public purchase or other action to bring it up to current regulatory standards.

PLOT PLAN. A contrived term occasionally used instead of site plan.

POLICE POWER. The authority of government to exercise controls to protect the public's health, safety, morals, and general welfare. As distinct from eminent domain powers, in which government takes property, no compensation need be paid for the imposition of police power controls. The degree to which such exercise becomes, in effect, a taking of property, is a question of long standing and has arisen again lately in connection with the restrictive growth management controls being imposed by many communities.

POLICY. A statement or document of a public body that forms the basis for enacting legislation or making decisions. The policies under which zoning ordinances are enacted and administered should be found in a community's comprehensive plan. A common charge leveled at zoning bodies is that their decisions are ad hoc, i.e., they are made independent of one another and have no basis in publicly established policy.

PORCH. A roofed or unroofed unenclosed portion of a building projecting from the front, side or rear wall of the building.

PREAPPLICATION CONFERENCE. Discussion held between developers and public officials, usually members of the Planning Commission before formal submission of an application for a permit or for subdivision plat approval. This meeting allows the staff to:

(a) Acquaint the applicant with the comprehensive area or precise plans that apply to this tract, as well as the zoning and other codes that affect the proposed development;

(b) Suggest improvements to the proposed design on the basis of a review of the sketch plan;

(d) Encourage the applicant to consult appropriate authorities on the character and placement of public utility services;

(e) Help the applicant to understand the steps to be taken to receive approval; and

(f) Give the applicant a reading on the likelihood of acceptance of these plans based on appropriate laws and ordinances.

POTABLE WATER. Water suitable for drinking and cooking purposes.

PRELIMINARY APPROVAL. Preliminary approval means the conferral of certain rights, prior to final approval, after specific elements of a development or site plan have been approved by the proper reviewing authority and agreed to by the applicant.

PREMISES. A lot, parcel, tract or plot of land together with the buildings and structures therein.

PRINCIPAL USE. The primary or predominant use of any lot.

PRIVATE EDUCATIONAL FACILITY. A privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the State of Ohio.

PRIVATE CLUB. See CLUB.

PRIVATE STREET. A street that is not dedicated to the Municipality.

PROFESSIONAL OFFICES. See OFFICES, PROFESSIONAL.

PUBLIC ADMINISTRATION. Legislative, judicial, administrative and regulatory activities of federal, state, local and international governmental agencies.

PUBLIC AREAS. Public parks, playgrounds, trails, paths and other recreational areas and other public open spaces; scenic and historic sites; schools and other public buildings and structures.

PUBLIC HEARING. A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

PUBLIC HOUSING. Housing that is constructed, bought, owned, or rented and operated by a local housing authority for low-income families. See LOW-INCOME HOUSING; LOCAL HOUSING AUTHORITY.

PUBLIC IMPROVEMENT. Any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services.

PUBLIC NOTICE. The advertisement of a public hearing in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing.

PUBLIC SEWER AND WATER SYSTEM. Any system other than an individual septic tank, tile field, or individual well, that is operated by a municipality, governmental agency, or a public utility for the collection, treatment and disposal of wastes and the furnishing of potable water.

PUBLIC UTILITY. A closely regulated private enterprise with an exclusive franchise for providing a public service.

PUBLIC UTILITY FACILITIES. Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.

PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, tunnel, viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

PUD. See PLANNED UNIT DEVELOPMENT.

QUADRUPLEX. See DWELLING, QUADRUPLEX.

QUARRY. A place where rock, ore, stone and similar materials are excavated for sale or for off-tract use.

QUARTER SECTION. A tract of land one-half mile square, 2,640 feet by 2,640 feet, or 160 acres.

QUASI-PUBLIC USE. churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, charitable, philanthropic, or non-profit nature.

REAR YARD. See YARD, REAR.

REASONABLE USE DOCTRINE. A common law principle that no one has the right to use his property in a way which deprives others of the lawful enjoyment of their property.

RECREATION, ACTIVE. Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields.

RECREATION FACILITY. A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

RECREATIONAL FACILITY, COMMERCIAL. A recreation facility operated as a business and open to the public for a fee.

RECREATION FACILITY, PRIVATE. A recreational facility operated by a non-profit organization, and open only to bona fide members and guests of such nonprofit organization.

RECREATION FACILITY, PUBLIC. A recreation facility operated by a governmental agency and open to the general public.

RECREATIONAL VEHICLE. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. Such vehicles shall have a body width of no more than eight feet (8') and a body length of no more than thirty-two feet (32') when factory equipped for the road.

RECREATIONAL VEHICLE CAMP. An area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure, or fixture or equipment that is used or intended to be used in connection with providing such accommodations.

RECYCLING CENTER. A facility which is not a junkyard and in which recoverable resources are collected, stored, flattened, crushed, or bundled, essentially by hand or within a completely enclosed building, such as newspapers, glassware and metal cans.

REHABILITATION. The upgrading of a building previously in a dilapidated or substandard condition, for human habitation or use.

REPAIR GARAGE. See GARAGE, REPAIR.

RESEARCH ACTIVITIES. Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside said building.

RESIDENCE. A home, abode or place where an individual is actually living at a specific point in time.

RESIDENTIAL CLUSTER. An area to be developed as a single entity according to a plan and containing residential housing units which have common or public open space area as an appurtenance.

RESIDENTIAL DENSITY. The number of dwelling units per acre of residential land.

REST HOME. See NURSING HOME.

RESTAURANT. An establishment where food and drink is prepared, served and consumed primarily within the principal building. See RESTAURANT, CARRY-OUT; RESTAURANT, DRIVE-IN; RESTAURANT, FAST FOOD; RESTAURANT, SIT DOWN.

RESTAURANT, CARRY-OUT. An establishment whose primary function is their offering of food and beverages which are sold only inside the building, and are usually packaged to be carried and consumed off of the premises, but may be consumed within the restaurant building or on the premises.

RESTAURANT, DRIVE-IN. An establishment offering food and beverage which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in service, and may be consumed on or off the premises.

RESTAURANT, FAST FOOD. An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.

RESTAURANT, SIT DOWN. An establishment whose primary function is the offering of food and beverages which are sold and normally consumed within the restaurant building.

RESTRICTIVE COVENANT. A restriction on the use of land usually set forth in the deed.

RESUBDIVIDE. The further division of lots or the relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any such subdivision, but not including conveyances made so as to combine existing lots by deed or other instrument.

RETAIL. Sale to the ultimate consumer for direct consumption and/or use and not for resale.

RETAIL SERVICES. Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

RETIREMENT COMMUNITIES. Planned developments designed to meet the needs of, and exclusively for, the residences of senior citizens.

REUSE. A use for an existing building or parcel of land other than for which it was originally intended.

REVERSE FRONTAGE. See LOT.

REVERSION CLAUSE. A requirement that may accompany special use permit approval or a rezoning that returns the property to its prior zoning classification if a specified action, such as taking out a building permit or beginning construction, does not begin in a specified period of time, say, one year. This is a way of protecting a community against using permits or rezonings for speculative purposes. In the case of rezoning it is also illegal, since "automatic rezoning" does not follow required amendment procedures. This objection does not apply to expiration of special or conditional permits not involving a change in the zoning map or text.

REZONING. An amendment to or a change in the zoning ordinance. Rezoning can take three forms:

(a) A comprehensive revision or modification of the zoning text and map;

(b) A text change in zone requirements; and

(c) A change in the map, i.e., the zoning designation of a particular parcel or parcels. The last, so-called small-parcel rezoning, has often been used to add flexibility to the zoning process, usually unintentionally. (One form of text change, the importance of which may be unrecognized, is a change in a definition. For example, changing the definition of townhouses to include them under multi-family or single-family dwellings may significantly affect where and how they are permitted.) Rezonings, like enactment of the original ordinance, are legislative acts that, except under rare and specifically defined circumstances, cannot be delegated to administrative officials.

RIDGE LINE. The intersection of two roof surfaces forming the highest horizontal line of the roof.

RIDING ACADEMY. An establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.

RIGHT OF ACCESS. The legal authority to enter or leave a property.

RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way, in addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

RIGHT-OF-WAY LINES. The lines that form the boundaries of a right-of-way.

RINGELMANN CHART. A device used to measure the opacity of smoke emitted from stacks and other sources.

ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.

ROD. A lineal measure equal to 16.5 feet or 5.5 yards.

ROOF, GABLE. A ridged roof forming a gable at both ends of the building.

ROOF, GAMBREL. A gabled roof with two slopes on each side, the lower steeper than the upper.

ROOF, HIP. A roof with sloping ends and sides.

ROOF, MANSARD. A roof with two slopes on each of four sides, the lower steeper than the upper.

ROOF, SHED. A roof with one slope.

ROOM, HABITABLE. A room occupied or designed to be occupied by one or more persons for living, sleeping, eating or cooking, including kitchens serving a dwelling unit; but not including bathrooms, toilet compartments, laundries, pantries, cellars, attics for storage and other similar spaces.

ROOMING HOUSE. See BOARDING HOUSE.

ROW HOUSE. See DWELLING, ROW.

RUN WITH THE LAND. A covenant or restriction to the use of land contained in a deed and binding on the present and all future owners of the property.

SALVAGE. The utilization of waste materials.

SANITARY LAND FILL. A site for solid waste disposal.

SANITARY SEWAGE. Any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin or containing putrescible material.

SANITARY SEWERS. Pipes that carry only domestic or commercial sewage and into which storm, surface and ground waters are not intentionally admitted.

SANITARIUM. A hospital used for treating chronic and usually long-term illness.

SCALE. The relationship between distances on a map and actual ground distances.

SCATTERED SITE HOUSING. New or rehabilitated subsidized dwellings located in substantially built up areas.

SCENIC AREA. An open area the natural features of which are visually significant or geologically or botanically unique.

SCENIC CORRIDOR. A strip of land on each side of a stream or roadway which is generally visible to the public traveling on such route. The scenic corridor for a freeway shall include a horizontal distance of 660 feet beyond the right-of-way. The scenic corridor for a scenic highway or scenic country route shall include a horizontal distance of 300 feet beyond the right-of-way or the edge of the thoroughfare.

SCENIC EASEMENT. An easement the purpose of which is to limit development in order to preserve a view or scenic area.

SCHOOL, PAROCHIAL. A school supported and controlled by a church or religious organization. See SCHOOL, PRIVATE.

SCHOOL, PRIVATE. Any building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

SCHOOL, TRADE. Schools offering preponderant instruction in the technical, commercial, or trade skills, such as electronic schools, automotive and aircraft technicians schools and similar commercial establishments operated by a nongovernmental organization.

SCHOOL, VOCATIONAL. A school offering training and instruction in vocations including, but not limited to, medical dental, and animal health technicians, barbers, and beauty operators.

SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews, or space for loose chairs.

SERVICE CLUBS. An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guest, provided such service is secondary and incidental to the promotion of some other common objective or the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county and local laws.

SERVICE STATION. See AUTOMOBILE SERVICE STATION.

SERVICES. Establishments primarily engaged in providing services for individuals, business and government establishments and other organizations; including hotels and other lodging places; establishments providing personal, business, repair and amusement services; health, legal, engineering, and other professional services; educational institutions; membership organizations, and other miscellaneous services. See BUSINESS SERVICES; PERSONAL SERVICES; RETAIL SERVICES.

(Ord. 1987-05. Passed 8-4-87.)

SETBACK LINE. The line that is the required minimum distance from the street right-of-way line, or any other lot line and the foundation of the principal building that establishes the area within which the foundation of the principal building must be erected or placed.

(Ord. 2021-07. Passed 6-15-21.)

SEWAGE. The total of organic waste and waste water generated by residential and industrial and commercial establishments.

SEWER. Any pipe or conduit used to collect and carry away sewage or storm water runoff from the generating source to treatment plants or receiving streams.

SEWERAGE.

(a) All effluent carried by sewers whether it is sanitary sewage, industrial wastes or storm water runoff;

(b) The entire system of sewage collection, treatment and disposal.

SEWERS, CENTRAL OR GROUP. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process and equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

(Ord. 1987-05. Passed 8-4-87.)

SEXUALLY ORIENTED BUSINESSES. “Sexually oriented businesses” are those businesses defined as follows:

(a) “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, of other visual representations, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

(b) “Adult bookstore”, “adult novelty store” or “adult video store” means a commercial establishment which has as a significant or substantial (i.e. fifty percent (50%) or more) portion of its stock-in-trade or derives a significant or substantial (i.e., fifty percent (50%) or more) portion of its interior business of advertising to the sale or rental for any form of consideration, of any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, digital video discs, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”;

(2) Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas”, and still be categorized as adult book store, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as the definition above is met.

(c) “Adult cabaret” means a nightclub, bar, restaurant, private club, bottle club, juice bar or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

(1) Persons who appear nude or semi-nude or in a state of nudity or semi- nudity;

(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

(3) Films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

“Private club” shall mean an establishment where patrons may bring in their own bottle or other container of alcohol (including beer, wine or liquor) and purchase a mixture for the same or use of a glass from the club or business.

(d) “Adult motel” means a motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets, or leaflets, radio or television.

(e) “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, digital video discs, slides or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.

(f) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities” and which is not customarily open to the general public during such features because it excludes minors by reason of age.

(g) “Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. “Escort” means a person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person or to privately appear in the state of nudity or semi- nudity for any person.

(h) “Massage parlor” means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with “specified sexual activities” is offered, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas”. The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder, nor by any other individual licensed by the State of Ohio to perform massages.

(i) “Semi-nude model studio” means any place where a person regularly appears in a state of nudity or semi-nudity or displays “specified anatomical areas” for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. Reference above to nudity should not be construed or interpreted to permit nudity or a state of nudity in a “semi-nude model studio”.

(j) “Sexual encounter establishment” means a business or commercial establishments, that as one of its principal business purposes, offers for any form of consideration:

(1) A place where two or more persons may congregate, associate or consort for the purpose of “specified sexual activities” or the exposure of “specified anatomical areas”; or

(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of Ohio engages in medically approved and recognized sexual therapy.

(k) Additional Definitions.

(1) “Simulated” means to assume the mere appearance of something, without the reality; to imitate or pretend.

(2) “Specified sexual activities” means and includes any of the following:

A. The fondling or intentional touching of human genitals, pubic region, anus, or female breast;

B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

C. Masturbation, actual or simulated; or

D. Human genitals in a state of sexual stimulation, arousal or tumescence;

E. Excretory functions as part of or in connection with any of the activities set forth in subsections A. through D. of this subsection.

(3) “Employee” means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business, or any form of remuneration, tips of any kind or gratuities from the operator or customers of said business.

(4) “Established” means and includes any of the following:

A. The opening or commencement of any sexually oriented business as a new business.

B. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

C. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

D. The relocation of any such sexually oriented business.

(5) “Independent contractor” means a person who contracts with a sexually oriented business establishment to provide services on behalf of the sexually oriented business to the patrons of such business whether or not the individual receives any remuneration, gratuity or tips of any kind, or pays the owner or operator for the right to perform or entertain in the sexually oriented business. The intention of this definition is to exclude those persons who are not employees and who are not reasonably expected to have contact with customers or patrons of the sexually oriented business, including, but not limited to, persons on the premises of a sexually oriented business performing repair or maintenance services or delivering goods to the premises of a sexually oriented business.

(6) “Nude, nudity or state of nudity” means a live person exhibiting:

A. The anus, male genitals, female genitals, or the areola or nipple of the female breast; or

B. A state of dress which fails to opaquely and fully cover the anus, male or female genitals, pubic region or areola or nipple of the female breast.

(7) “Specified anatomical areas” means and includes any of the following:

A. Less than completely and opaquely covered human genitals, pubic region, anus, or areolas or nipple of the female breast; or

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(8) “Public park” means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball, or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation or management of any governmental entity.

(9) “Residential district or use” means any zoning district set forth in the Zoning Code of the City that contains the word “residential” in the title, including the R-1A, R-1B, R-1C, R-2, R-3 and OR Districts, and the Planned Residential District as set forth in Section 1151.10.

(Ord. 2005-09. Passed 11-15-05.)

SHOPPING CENTER. A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Comment: Shopping centers are further defined by size and the area their shoppers come from:

(a) A super regional center includes retail, office, and service uses, occupies over 100 acres, has four or more anchor stores and contains over one million square feet of gross leasable space;

(b) A regional shopping center contains a wide range of retail and service establishments, occupies 50 to 100 acres of land, has at least one or more anchor stores and contains over 400,000 square feet of gross leasable space. It draws its clientele from as much as a 45-minute drive away;

(c) Community shopping centers will feature a junior department store with approximately 150,000 square feet of gross leasable area, and have a site area of 10 to 25 acres. Its clientele will come a radius of a 10-minute drive from the center;

(d) Neighborhood shopping centers generally sell goods necessary to meet daily needs, occupies up to 10 acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a 5-minute radius from the center.

SIDE YARD. See YARD, SIDE.

SIGHT TRIANGLE. A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SIGN. Any words, lettering, figures, numerals, phrases, sentences, devices, designs, pictures, symbols or trade marks by which anything is made known, such as are used to designate a firm, an association, a corporation, a business, a service of a commodity or product, or any type of publicity, whether placed on natural objects or on a building, fence or other man-made structure, which are visible from any public street or public road right-of-way.

SIGN, ADVERTISING. A sign which directs attention to a business, product, activity or service which is not conducted, sold or offered upon the premises where such sign is located.

SIGN, ANIMATED. Any sign having a conspicuous and intermittent variation in the physical position of any part of the sign.

SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The necessary supports or uprights on which such sign is placed, not being advertising matter, shall not be included in computation of surface area.

SIGN, AWNING. Canopy or marquee - a sign that is mounted on or painted on or attached to an awning, canopy, or marquee.

SIGN, BUSINESS. A sign which directs attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located.

SIGN, BULLETIN BOARD. A structure containing a surface upon which is displayed the name of a religious institution, school or library, auditorium, stadium, athletic field or area of similar use for the announcement of services or activities to be held therein.

SIGN, COMBINATION. Any sign incorporating any combination of free-standing, projecting and/or roof signs.

SIGN, CONSTRUCTION. A sign advertising the development or improvement of a property by a builder, contractor or other person furnishing services material, or labor to said premises, which sign is intended for a limited period of display and erected on the same lot as the work being done.

SIGN, DIRECTIONAL. A sign directing vehicular or pedestrian movement onto a premise or within a premise.

SIGN, DOMESTIC ADVERTISING. A sign advertising the sale of household goods previously used by an individual or his family, when such sign is located at the place of residence of the individual or family.

SIGN, FACE. The surface of the sign upon, against or through which the message of the sign is exhibited.

SIGN, FLASHING. Any sign having a conspicuous and intermittent variation in the illumination of the sign.

SIGN, FREE-STANDING. A sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground.

SIGN, GOVERNMENTAL. A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

SIGN, GROUND. A free-standing sign supported by one or more uprights, braces or pylons located in or upon the ground, or something requiring location on the ground, including "billboards" or "poster panels," so called.

SIGN, HEIGHT. The vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road on which the property fronts.

SIGN, HOLIDAY DECORATION. Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

SIGN, IDENTIFICATION. A sign located at or near the entrance to an industrial, business or residential development which is necessary for the safety or convenience of motorists and which is therefore erected primarily in the public interest. An identification sign shall consist only of the name of the development, appropriate decorative embellishments, and if necessary, a directional symbol.

SIGN, ILLUMINATED. Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.

(a) Indirect Illumination. A light source not seen directly.

(b) Internal Illumination. A light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.

SIGN, INTERIOR. Signs located within a structure not intended to be seen from the exterior. Signs affixed to a window or the walls enclosing the display area behind a window, which are obviously intended for viewing from the exterior, shall be considered exterior signs.

SIGN, LIGHT DEVICE. Any light, string of lights, or group of lights located or arranged so as to cause illumination on a sign.

SIGN, MEMORIAL. A sign, tablet or plaque memorializing a person, event, structure or site.

SIGN, NAME PLATE. A sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying such building or premises.

SIGN, ON-PREMISES. Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

SIGN, ON-SITE INFORMATIONAL. A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas.

SIGN, PAINTED BULLETIN. An advertising structure on which advertising design is painted or painted and posted, and which may incorporate the use of cutouts and/or other embellishments.

SIGN, POLE. A sign that is mounted on a free standing pole or other support so that the bottom edge of the sign face is six feet or more above grade.

SIGN, POLITICAL. A sign which promotes, identifies, announces, opposes or otherwise offers for the public consideration any political candidate or issue, partisan or nonpartisan.

SIGN, PORTABLE. A sign that is attached to wheels, skids, or other forms of mounting which is not permanently affixed in or to the ground.

SIGN, POSTER PANEL. An advertising structure measuring not more than twelve (12) feet by twenty-five (25) feet overall on which posters are displayed.

SIGN, PROJECTING. A sign which is affixed to any building or part thereof, or structure, which extends beyond the building wall or parts thereof, or structure, by more than (12) inches. A projecting sign shall not include a ground sign as herein defined.

SIGN, REAL ESTATE. A sign advertising for sale, lease or rent the parcel of real estate on which the sign is located. Also, temporary directional signs less than four (4) square feet in message area displayed during the hours in which an "open house" showing of real property for sale, lease or rent is actually being conducted shall be considered real estate signs, even though they may not be located on the parcel of real estate being advertised. "Sold" signs shall be considered commercial advertising signs.

SIGN, ROOF. A sign erected upon or above a roof or parapet wall of a building or structure.

SIGN, STRUCTURE. The supports, uprights, bracing or framework for signs.

SIGN, SUBDIVISION. A sign advertising the sale or development of subdivision lots, parcels, or tracts and erected upon the property being subdivided and advertised for sale.

SIGN, TEMPORARY. A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, person, institution, organization or business and is constructed of cloth, canvas, plastic sheet, cardboard or other like materials and which is intended to be displayed for a limited period of time as determined by the Planning Commission.

SIGN, WALL. Any sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and extending not more than fifteen (15) inches from the face of the wall.

SIGN, WARNING. Any sign indicating danger or a situation which is potentially dangerous.

SIGN, WINDOW-PERMANENT. Any sign visible from the exterior of a building or structure which is painted, attached, glued or otherwise affixed to a window or depicted upon a card, paper, or other material and placed on, taped on, or hung immediately behind the window or displayed from a window for the specific purpose of identifying the proprietor or name of business to the passerby.

SIGN, WINDOW-TEMPORARY. A sign visible from the exterior of a building or structure which is painted on a window; depicted upon a card, paper, or other material or placed on, taped on, or hung immediately behind the window, or displayed from a window for the specific purpose of attracting attention of the passerby to a sale, or to promotional items, or other products or services.

SINGLE-FAMILY DWELLING. See DWELLING, SINGLE-FAMILY.

SITE. A plot of land intended or suitable for development; also the ground or area on which a building or town has been built. See also PARCEL; PLOT PLAN; SITE PLAN.

SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

SITE PLAN REVIEW. The process where by local officials, usually the planning commission and staff, review the site plans and maps of a developer to assure that they meet the stated purposes and standards of the zone, provide for the necessary public facilities such as roads and schools, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping. It usually is required in connection with many flexible techniques. The process often allows considerable discretion to be exercised by local officials since it may deal with hard-to-define aesthetic and design considerations.

SKETCH (CONCEPT; OUTLINE) PLAN OR PLAT. A generalized map that is prepared by a developer, usually before the preapplication conference, to let the developer/subdivider save time and expense in reaching agreement with the planning commission as to the form of the plan and the purposes of the regulation. Its purpose is simply to serve as a basis for discussion without either side making commitments.

SLOPE. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

SOIL EROSION AND SEDIMENT. A plan that indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation.

SOIL MAP. A map prepared by the Soil Conservation Service of the Department of Agriculture, indicating the following soil characteristics: slope, depth to seasonal high water, depth to bedrock, permeability, natural drainage class, stoniness, and flood and stream overflow hazard.

SOLAR ACCESS. A property owner's right to have the sunlight shine on his land.

SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

SOLAR SKYSPACE. The space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation.

SOLAR SKYSPACE EASEMENT. A right, expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy.

SOLID WASTE. Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.

SOLID WASTE MANAGEMENT. A planned program providing for the collection, storage, and disposal of solid waste including, where appropriate, recycling and recovery.

SPECIAL ASSESSMENT. A fee levied by a local authority for the financing of a local improvement that is primarily of benefit to the landowners who must pay the assessment.

SPECIAL EXCEPTION. See USE, SPECIAL.

SPECIAL USE. See USE, SPECIAL.

SPOT ZONING. Zoning a relatively small area differently from the zoning of the surrounding area, usually for an incompatible use and to favor the owner of a particular piece or pieces of property. Spot zoning is invalidated by the courts when it violates "in accordance with a comprehensive plan" is in the arbitrary and inappropriate nature of the change rather than, as is commonly believed, in the size of the area. Spot zoning often is a reason why many flexible techniques such as floating zones or conditional rezoning have been prohibited, the argument being that conferring narrow development permission is a form of spot zoning. Special small-area zoning districts, however, have bee upheld where the comprehensive plan demonstrates a special need, such as for an historic area or to preserve a sensitive natural area. Spot zoning, in sum, can be legal or illegal, but laymen generally think that it always is illegal and use the term loosely - and pejoratively - at public hearings when they oppose the change.

STABLE. A structure that is used for the shelter or care of horses and cattle.

STANDARDS. While often used loosely to refer to all requirements in a zoning ordinance, the term usually is used to mean site design regulations such as lot area, height limits, frontage, landscaping, yards, and floor area ratio - as distinguished from use restrictions.

STATEMENT OF INTENT (STATEMENT OF PURPOSE). A statement of policy or objectives, often incorporated in a zoning ordinance, which outlines the broad purpose of the ordinance and its relationship to the comprehensive plan; frequently, a statement preceding regulations for individual districts, which helps to characterize the districts, and their legislative purpose. When the application of particular district requirements is challenged in court, the courts rely on the intent statement in deciding whether the application is reasonable and related to a defensible public purpose. As zoning ordinances become more complex, with numerous special districts and flexible applications, statements of intent, which guide users, administrative officials, and the courts, are making more frequent appearances.

STRIP ZONING. A zone normally consisting of a ribbon of uses fronting both sides of an arterial roadway and extending inward for half a block. Strip commercial development is the most common form and occurs naturally everywhere. In suburban areas or along well-traveled roads, is usually characterized by an assortment of gas stations, drive-in and fast-food restaurants, motels, tourist shops, and some automobile sales and service operations. In fringe areas, such uses may be interspersed with a few farms and farm service outlets like feed distributors and large equipment sales; unlimited highway access to such uses severely reduces road carrying capacity. And in older cities, strips of convenience stores and other retail stores are found scattered within residential neighborhoods.

Strip zoning is a recognition that since such development will not go away, its most irksome characteristics should be controlled. These include access, use limitations, parking, signs, some development standards, and occasionally, though seldom successfully, clustering requirements and aesthetic controls.

STORY. That part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor, or if there is not floor above, than the ceiling next above. A story thus defined shall not be counted as a story when more than fifty (50) percent, by cubic content, is below the height level of the adjoining ground.

STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which, at a height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area in the story directly below, and the height above at least two hundred (200) square feet of floor space is seven feet, six inches (7'6").

STREET. A way for vehicular and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, mall or otherwise. See THOROUGHFARE.

STREET, RIGHT-OF-WAY. See RIGHT-OF-WAY, PUBLIC.

STREET, WIDTH. The horizontal distance between right-of-way lines.

STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, and billboards.

STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

STUDIO. A building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for radio or television broadcasting.

STUDIO APARTMENT. See DWELLING UNIT, EFFICIENCY.

STUDIO, COMMERCIAL. A commercial operation which includes the sale of, and may include the instruction in, arts and crafts, dance, music and instruments, commercial photography, and other similar commercially-oriented operations.

STUDIO, INSTRUCTIONAL. An operation involving fine arts and crafts, oriented primarily to instruction, such as the studio of an artist, sculptor, ceramics teacher, or other similar person teaching arts and crafts, not including dance or music lessons.

SUBDIVISION.

(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax role, into two (2) or more parcels, sites, or lots any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access and the sale of exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

(b) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open space for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (See SUBDIVISION, MINOR.)

SUBDIVISION, MINOR. A division of a parcel of land that has the following characteristics:

(a) Land is located along an existing public road.

(b) No opening, widening, or extension of any road is involved.

(d) The request for division is not contrary to platting, subdividing, or zoning regulations.

SUBSIDIZED HOUSING. Housing constructed for and occupied by low-or moderate-income families. See LOW-INCOME HOUSING; MODERATE INCOME; PUBLIC HOUSING.

SUBSTANTIAL IMPROVEMENT. Any extension, repair reconstruction, or other improvement of a property, the cost of which equals or exceeds fifty percent of the fair market value of a property either before the improvement is started or if the property has been damaged and is being restored, before the damage occurred.

SUPERMARKET. A retail establishment primarily selling food as well as other convenience and household goods.

Comment: Supermarkets usually vary in size from 20,000 square feet to 60,000 square feet and provide parking at a ratio of about 5-6 off-street spaces per 1,000 square feet of gross leasable space.

SUPPLY YARDS. A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.

SURVEYOR. Any person registered to practice surveying.

SWALE. A depression in the ground which channels runoff.

SWIMMING POOL. A pool, pond, lake or open tank containing over 18 inches of water at any point and maintained by the owner or manager.

(a) Private. Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.

(b) Community. Operated with a charge for admission, a primary use.

TAKING. To take, expropriate, acquire or seize property without compensation. See EMINENT DOMAIN.

TANK FARM. An open air facility containing a number of above-ground, large containers for the bulk storage of material in liquid, powder or pellet form.

TAVERN. An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

TAX EXEMPT PROPERTY. Property, which because of its ownership or use, is not subject to property taxation and meets state requirements for tax-exempt status.

TEMPORARY PROTECTION. Stabilization of erosive or sediment producing areas by temporary measures until permanent measures are in place.

TEMPORARY STRUCTURE. A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

TEMPORARY USE. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

TERMINAL.

(a) A place where transfer between modes of transportation take place;

(b) A terminating point where goods are transferred from a truck to a storage area or to other trucks, or picked up by other forms of transportation.

THEATER. A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.

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

THEME PARK. An entertainment or amusement facility built around a single theme which may be historical, architectural, or cultural.

THROUGH LOT. See LOT, THROUGH.

TOPOGRAPHIC MAP. A map of a portion of the earth's surface showing its topography. See TOPOGRAPHY.

TOPOGRAPHY. the configuration of a surface area showing relative elevations.

TOT LOT. An improved and equipped play area for small children usually up to elementary school age.

THOROUGHFARE, STREET OR ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

(a) Arterial, Principal. The principal arterial system involves major thoroughfares serving the major activity centers of the metro area. Principal arterials carry a high proportion of the total urban area travel on a minimum of mileage.

(b) Arterial, Minor. The minor arterial system involves major thoroughfares of a lesser scale than principal arterials. Such facilities may carry local bus routes and provide intra-community continuity but usually do not penetrate identifiable neighborhoods.

(c) Collector Street. A major collector typically contains seventy feet of right-of-way while a minor collector generally contains sixty feet of right-of-way. Both primarily carry traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.

(d) Cul-de-sac. A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround.

(e) Dead-end Street. A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.

(f) Local Street. The local street system comprises all facilities not on one of the higher systems. It serves primarily to provide direct access to abutting land and access to the high order systems. Service to through traffic movement usually is deliberately discouraged.

(g) Loop Street. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty (180) degree system of turns are not more than one thousand (1,000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other.

(h) Marginal Access Street. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets (also called frontage street).

TOURIST HOME. An establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee.

TOWNHOUSE. See DWELLING, TOWNHOUSE.

TRACT. An area, parcel, site, piece of land, or property which is the subject of a development application.

TRAILER. A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.

TRAILER COURT. See MOBILE HOME PARK.

TRANSFER OF DEVELOPMENT RIGHTS (TDR). The removal of the right to develop or build, expressed in dwelling units per acre, from land in one zoning district to land in another district where such transfer is permitted.

TRANSITION ZONE. A zoning district permitting transitional uses.

TRANSITIONAL LOT. A specified lot, or lots, adjoining a specified lot, or lots, in another district. The "transitional" identification is used when special transitional regulations are applied to deal with possible conflicts of uses at district boundaries. Transitional yard requirements may be imposed at these locations to act as a sort of buffer zone.

TRANSITIONAL USES AND STRUCTURES. Uses or structures, permitted under the Zoning Ordinance, which, by their nature or level and scale of activity, act as a transition or buffer between two or more incompatible uses, e.g., where commercial uses are back to back against residences. Some modern zoning ordinances recognize conflicts or frictions across district boundaries by providing for transitional uses or structures such as more yard space, walls, fences, or screening, or intermediate uses, to minimize conflict. Definitions of incompatibility or friction often are difficult to make; public bodies or officials may be required to make individualized determinations of transitional needs and requirements in doubtful cases.

TRAVEL TRAILER. A recreation vehicle that is towed by a car or a truck. See RECREATIONAL VEHICLE.

TRIP. A single or one-way vehicle movement either to or from a subject property or study area.

TRIP ENDS. The total of trips entering and leaving a specific land use or site over a designated period of time.

TRIP GENERATION. The total number of trip ends produced by a specific land use or activity.

TRIPLEX. See DWELLING, TRIPLEX.

TRUCK. Every motor vehicle designed, used or maintained for the transportation or delivery of property.

TRUCK CAMPER. A structure designed to fit into the bed of a pick-up truck and used for temporary shelter and sleeping.

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, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities solely for the use of truck crews.

TRUCK TERMINAL. Premises which are used for loading or unloading of trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneous loading or unloading of two (2) or more trucks.

TWO-FAMILY DWELLING OR DUPLEX. See DWELLING, TWO-FAMILY.

UNDEVELOPED LAND. Land in its natural state before development.

UNENCLOSED. May be roofed, but may not be enclosed on more than two (2) sides by walls or fences. See ENCLOSED.

UNIFORMITY. A basic premise of zoning that all properties in the same zoning district are subject to the same regulations. Attacks on certain zoning actions, such as spot zoning or attaching extra conditions to a rezoning as in conditional rezoning, often are based on violation of uniformity provisions.

UNIMPROVED LAND. Land in its natural state before development.

UNIQUE NATURAL FEATURE. that part of the natural environment which is rare or not duplicated in the community or region.

UPZONING. Changing the zoning designation of an area to allow so-called less restrictive uses, e.g., from residential to commercial, or allowing higher densities. Its opposite is called downzoning. (see also cumulative zoning; highest and best use.)

URBAN HOMESTEADING. A program for selling vacant, usually substandard urban housing to people who will rehabilitate and occupy such housing.

URBAN SERVICE AREA. An area, identified through official public policy, within which urban development will be allowed during a specified time period. Beyond this line, using a variety of growth management tools such as acreage zoning and limits on capital improvements, development is prohibited or strongly discouraged. The establishment of such service boundaries has become an important tool for implementing public decisions on where growth should occur and what kinds of services a community can afford to supply. Some communities have established several lines, intending them to correspond with the phasing of growth over an extended period of time.

USABLE OPEN SPACE. Outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas, or any required front or street side yard, and excluding any space with a dimension of less than 80 square feet.

USABLE FLOOR AREA. For the purpose of computing parking, that area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of "Usable Floor Area." Measurement of floor area shall be the sum of gross horizontal area of the several floors of the building, measured from the interior faces of the exterior walls.

USE. The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

USE, ACCESSORY. A subordinate use which is customarily incidental to the principal building or to the principal use of the parcel.

USE, BY RIGHT. Any use listed as a use or others which are found by the Board to meet the intent of this Ordinance.

USE, CONDITIONAL. A use, listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to issuance of a Conditional Use Permit, and to all other regulations established by the ordinance. See USE, SPECIAL.

USE, NONCONFORMANCE. A use which lawfully occupied a building or land at the time this Ordinance or an amendment hereto became effective and which does not now conform with the use regulations applicable in the zone district in which it is located.

USE, PRINCIPAL. A use which fulfills a primary function of a household, establishment, institution, or other entity.

USE, PERMITTED. A use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this Ordinance.

USE, SPECIAL. A use permitted within a district other than a use by right, requiring specific approval by the Planning Commission following their review of the proposed plan.

USE, TEMPORARY. See TEMPORARY USE.

USE, TRANSITIONAL. See TRANSITIONAL USE.

UTILITY, PRIVATE OR PUBLIC.

(a) Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service;

(b) A closely regulated private enterprise with an exclusive franchise for providing a public service.

UTILITY SERVICES. Establishments engaged in the generation, transmission and/or distribution of electricity, gas or steam, including water and irrigation systems and sanitary systems used for the collection and disposal of garbage, sewage and other wastes by means of destroying or processing materials.

UTILITY TRAILER. Any single or dual axle non-motorized vehicle used for transportation of equipment, vehicles, livestock and any other materials.

(Ord. 2002-12. Passed 12-17-02.)

VACANCY. Any unoccupied land, structure or part thereof which is available and suitable for occupancy.

VACANCY RATE. The number of uninhabited dwelling units that are available and suitable for occupancy expressed as a ratio to the total number of housing units.

VAN.

(a) A closed vehicle with a capacity of approximately eight to twelve passengers;

(b) A self-propelled recreational vehicle containing sleeping facilities but not bathroom or cooking facilities;

VARIANCE. A modification of the strict terms of the relevant regulations where such 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 the regulations would result in unnecessary and undue hardship.

VEHICLE. Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway or street, except devices moved by human power.

VEHICLE, COMMERCIAL. Any vehicle designed, intended or used as a means for transportation on land of people, goods or things used in trade and traffic or commerce in general.

VEHICLE, MOTOR. Every vehicle which is self-propelled.

VEHICLE, RECREATIONAL. See RECREATIONAL VEHICLE.

VEST POCKET PARK. A small land area, usually in a built up neighborhood, developed for action or passive recreation.

VESTED RIGHT. A right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification or to have zoning remain the same forever. However, once development has been started or has been completed, there is a right to maintain that particular use regardless of the classification given the property. In order for a nonconforming use to earn the right to continue when the zoning is changed, the right must have been vested before the change. If the right to complete the development has not been vested, it may not be built, no nonconforming use will be established, and the new regulations will have to be complied with.

Vested rights are often established by showing that some development permit has been obtained and substantial construction on the project started. How much construction or land improvements must have been completed before the rights are vested varies among the states. In some states application for a building permit or other development approval may be sufficient to establish a vested right to complete a project. Others may require substantial investment and beginning of construction on the land, with completion of structures that are unique to the planned project. (See also NONCONFORMITIES.)

VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, inform, or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.

VICINITY MAP. A drawing located on a plat which sets forth by dimensions or other means the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

VOCATIONAL SCHOOL. See SCHOOL, VOCATIONAL.

WALKUP. An apartment building of more than two stories that is not equipped with an elevator.

WALKWAY. A public way which is four (4) feet or more in width for pedestrian use only, whether along the side of a road or not.

WALL.

(a) The vertical exterior surface of a building;

(b) Vertical interior surfaces which divide a building's space into rooms.

WAREHOUSE. A building or portion thereof used and appropriated by the occupancy

(a) For the deposit and safekeeping or selling of his own goods at wholesale or by mail order or

(b) For the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade, to be again removed or reshipped.

WASTE.

(a) Bulky Waste. Items the large size of which precludes or complicates their handling by normal collection, processing or disposal methods;

(b) Construction and Demolition Waste. Building materials and rubble resulting from construction, remodeling, repair and demolition operations;

(d) Special Waste. Those wastes that require extraordinary management;

(e) Wood Pulp Waste. Wood or paper fiber residue resulting from a manufacturing process;

(f) Yard Waste. Plant clippings, prunings and other discarded material from yards and gardens.

WASTEWATER. Water carrying wastes from homes, businesses and industries that is a mixture of water and dissolved or suspended solids, or excess irrigation water that is runoff to adjacent land.

WATER COURSE. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.

WATER RIGHTS. A property owner's right to use surface or underground water from adjacent lands.

WHOLESALE TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

WRECKING YARD. See JUNK YARD. (Ord. 1987-05. Passed 8-4-87.)

YARD. A required open space unoccupied and unobstructed by the foundation of a principal building. Other structural elements of a principal building above the foundation at ground level may extend into a yard. Accessory buildings maybe located in the yard as permitted in Chapter 1157.

YARD, FRONT.

(a) Front Yard. An open space extending the full width of the lot between the foundation of the principal building at the ground level and the front lot line.

(b) Front Yard (Least Depth). The shortest distance, measured horizontally, between the foundation of the principal building and the front lot line.

(c) Front Yard (Least Depth, How Measured). The depth shall be measured from the right-of-way line of the existing street or proposed street on which the lot fronts.

YARD, REAR.

(a) Rear Yard. An open space extending the full width of the lot between the foundation of the principal building at the ground level and the rear lot line.

(b) Rear Yard (Least Depth). The average distance measured horizontally between the foundation of the principal building and the nearest rear lot line.

YARD, SIDE.

(a) Side Yard. An open space extending from the front yard to the rear yard between the foundation of the principal building and the nearest side lot line.

(b) Side Yard (Least Width). The shortest distance, measured horizontally, between the foundation of the principal building and the nearest side lot line.

(c) Side Yard (Least Width, How Measured). Such width shall be measured from the nearest side lot line and the foundation of the principal building. On a corner lot when the side lot line is a side street lot line, the required side yard shall be the same as the required front yard of the lot adjacent thereto.

(Ord. 2021-07. Passed 6-15-21.)

ZERO LOT LINE. A development approach in which a building is sited on one or more lot lines with no yard. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Virtually all zoning ordinances retain yard requirements; where zero lot line developments have been permitted, they have been handled through variances or planned unit development procedures, or other devices which allow for site plan review. The few ordinances which specifically authorize the zero lot line approach do so as an exception to prevailing regulations and under clearly defined circumstances.

ZONE. See ZONING DISTRICT.

ZONING. A police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts. The zoning ordinance consists of two parts; a definition of zoning still applies, but recent innovations in flexible zoning, e.g., floating zones and expansion of special use permit controls, have begun to blur some of the ordinance's neatness and clarity.

ZONING ADMINISTRATOR. Generally, the local official responsible for granting zoning permits and, following a determination by the Planning Commission and Zoning Board of Appeals, for special permits and variances. Decisions of the official usually are appealable to the board of appeals.

ZONING AMENDMENT. See REZONING.

ZONING BOARD OF APPEALS. See BOARD OF APPEALS.

ZONING CERTIFICATE. See ZONING PERMIT.

ZONING DISTRICT. A section of a municipality or county designated in the zoning ordinance text and (usually) delineated on the zoning map, in which requirements for the use of land and building and development standards are prescribed. Within each district, all requirements must be uniform. (See also classification; special district.)

ZONING ENVELOPE. The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure plane regulations.

ZONING MAP. The map delineating the boundaries of district which, along with the zoning text, comprises the zoning ordinance.

ZONING ORDINANCE or THIS ORDINANCE. As used in Titles One to Three of this Part Eleven - Planning and Zoning Code, Ordinance 1987-05, passed August 4, 1987 as amended.

ZONING PERMIT. An official finding that a proposed use of a property, as indicated by an application, complies with the requirements of the zoning ordinance or meets special conditions of a variance or special permit; the ordinance also will specify additions or alterations that need to have a permit. (Ord. 1987-05. Passed 8-4-87.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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