(A) Interpretation of terms or words. For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows.
(1) PERSON. Includes a firm, association, organization, partnership, trust, company, corporation, or any other entity capable of owning or holding any interest in real property, as well as an individual.
(2) The word SHALL is a mandatory requirement, the word MAY as used herein is permissive.
(3) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, unless the context clearly indicates otherwise.
(4) The words “used” or “occupied” include the words “intended, designed, maintained, arranged or occupied”.
(B) Meaning of terms or words. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FLOOD. Flood having an indicated average frequency of occurrence once in 100 years, although the flood may occur in any year.
100-YEAR FLOOD ELEVATION. The maximum high water elevation of the 100-YEAR FLOOD at any given point on the floodplain.
ACCESSORY USE OR STRUCTURE.
(a) A use or structure on the same lot with and of a nature customarily incidental and subordinate to the lot’s principal use or structure;
(b) Which is clearly incidental to the use of the principal building, or other structure or use of land;
(c) Which is customary in connection with the principal building, or other structure or use of land; and
(d) Which is ordinarily located on the same lot with the principal building, or other structure, or use of land.
AGRICULTURAL LAND. An economic endeavor engaged in the growing of food or fiber. Agricultural activities including farming, pasture, agriculture, horticulture, forestry, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided that, the operation of any such accessory uses shall be secondary to that of normal agriculture activities.
AIRPORT. Any runway, landing area, or other facility designed or used either publicly, privately, or commercially by any person for all landing and taking-off of aircraft, including all associated taxiways, aircraft storage, and tie-down areas, hangars, passenger terminals, and other buildings.
ALTERATION. Any change in size, shape, character, occupancy, or use of a building or structure.
ANIMAL UNIT. A unit to measure the quantity of animals at any given location. For example:
(a) A horse equals 1.0 AU;
(b) Any cattle over 700 pounds equals 1.0 AU;
(c) Any cattle 400 to 700 pounds equals 0.7 AU;
(d) A calf under 400 pounds equals 0.2 AU;
(e) Any sheep, lambs, or a goat equals 0.2 AU;
(f) Any swine equals 0.4 AU;
(g) A turkey or goose equals 0.02 AU;
(h) Any laying hen/broiler or ducks equals 0.01 AU;
(i) Any rabbit equals 0.01 AU;
(j) Fish (500 pounds) equals 1.0 AU; and
(k) Other species not specified (500 pounds) equals 1.0 AU.
ANIMALS FOR FAMILY FOOD PRODUCTION. Domestic animals generally used for human food production (including cattle, sheep, poultry, rabbits, and fish) that are raised with the intent to supply food for those who raise them.
APARTMENT. A multiple-family dwelling containing three or more dwelling units in which all units, exclusive of a unit that may be occupied by the owner, are rented or leased.
BASEMENT. Any floor level below the first story in a building; provided, such floor level is more than four feet below grade for more than 50% of the perimeter.
BED AND BREAKFAST INN. A building which has no more than eight sleeping rooms available for rent for short-term (less than 15 days) residential occupancy, serves breakfast as part of the rent in a common dining area, and has access to all sleeping rooms through a main entrance.
BOARDING and ROOMING HOUSE. A building in which the proprietor resides and which has not more than six rooms available for rent or lease for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms.
BUFFER. Includes, but is not limited to, a landscape strip, solid fence, or solid wall designed to lessen the negative impacts one land use may have on another.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BULK REQUIREMENTS. The combination of controls which establishes the maximum size of a building and its location on the lot, including:
(a) The size of buildings and other structures;
(b) The shape of buildings and other structures;
(c) The location of exterior walls of buildings and other structures, in relation to property lines, streets, and other buildings or structures;
(d) Open space requirements; and
(e) Lot area per dwelling unit.
BULKY RETAIL. Retail sales of bulky items including, but not limited to, farm equipment, manufactured homes, furniture, appliances, farm, and garden supplies.
CHANNEL. A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, and which, in the absence of evidence to the contrary, shall be presumed to consist of the area between the boundaries of vegetation on either side of the watercourse.
CHILD. Any person under 12 years of age.
COMMISSION. The Planning and Zoning Commission of the city.
CONDITIONAL. A use or occupancy of land permitted only upon the issuance of a special use permit and subject to the limitations and restrictions specified in such permit in addition to all other applicable regulations and provisions of this chapter.
CONDOMINIUM. A multi-family dwelling containing two or more dwelling units in which each unit is under single ownership, excluding the ground beneath the unit.
CONVENIENCE STORE. A small-scale grocery operation that may provide self-service gasoline.
DAY CARE BUSINESS. The care and supervision, provided for compensation, during part of a 24-hour day, for a child or children not related by blood or marriage to the person or persons providing the care, in a place other than the child’s own home. This term includes pre-schools, nursery schools, play schools, kinder-care, and any like or similar operation.
DAY CARE CENTER. A day care operation providing care for 13 or more children.
DAY CARE FACILITY. A day care operation providing care for no more than 12 children at any one time and having not more than four employees.
DAY CARE HOME. A day care operation providing care for six or fewer children at any one time, having not more than three employees and operating between the hours of 7:00 a.m. and 6:00 p.m.
DIRECT ILLUMINATION. For the purposes of the sign regulations of this chapter, DIRECT ILLUMINATION shall refer to internally lit and neon signs.
DUPLEX. A multiple-family dwelling under single ownership containing two dwelling units in which at least one of the units is rented or leased or is intended for rent or lease.
DWELLING UNIT. A building or separate portion thereof having a single kitchen, and at least one bathroom, to be occupied exclusively as a residence.
EMPLOYEE. Any person working for compensation in any day care business.
ERECTED. Built, constructed, reconstructed, moved upon, or any other physical operations on the premises required for building. Excavations, fill, drainage, and the like shall be considered a part of ERECTION.
FAMILY. One or more persons related by blood, marriage, or adoption or a group of no more than five unrelated adult persons, excluding servants, and their children by blood or adoption living together in a dwelling unit.
FENCE. A natural or artificial barrier intended to be an enclosure or an exclosure or to delineate a boundary and located within 20 feet of a property line. For the purposes of this chapter, the term FENCE shall include hedges and walls.
FLOOD. General and temporary condition of partial or complete inundation of normally dry lands from:
(a) The overflow of inland waters; and/or
(b) The unusual and rapid accumulation of runoff or surface waters from any source. FLOOD having an indicated average frequency of occurrence once in 100 years, although the flood may occur in any year.
FLOODPLAIN. A relatively flat area or low land adjoining a body of water, which has been or may be inundated by water from the 100-year flood.
FLOODWAY. The portion of the flood hazard area that includes the channel and the portion of the adjacent area that conveys the major portion of the flow for the 100-year flood.
FLOOR AREA. The gross area included within the surrounding exterior walls of a building or portion thereof, including all floor levels, exclusive of vent shafts, courts, attics, garages, or other enclosed automobile parking areas subject to the following restrictions:
(a) The basement of a single- or multiple-family dwelling is not included as floor area; and
(b) The basement of any other building is included as floor area.
FRONTAGE. The distance along the front lot line.
GARAGE. A building, or portion thereof, in which a motor vehicle containing flammable or combustible liquid or gas in its tank is or intended to be stored, repaired, or kept.
GRADE. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
HEIGHT OF BUILDING. The vertical distance above a reference datum measured to the highest point of the roof regardless of the roof design. The reference datum shall be selected by either of the following, whichever yields a greater HEIGHT OF A BUILDING:
(a) The elevation of the highest adjoining sidewalk or ground surface within a five- foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above the lowest grade;
(b) The elevation is ten feet higher that the lowest grade when the sidewalk or ground surface described in division (a) above is more than ten feet above lowest grade; and
(c) The height of a stepped or terraced building is the maximum height of any segment of the building.
HOME OCCUPATION. A business-related activity conducted entirely within a dwelling that is incidental and secondary to the use of a dwelling as a residence and does not negatively impact the surrounding neighborhood. HOME OCCUPATIONS are defined for the purpose of this chapter as those activities that represent a departure from the daily routine associated with a residential use and could, therefore, impact the neighborhood. HOME OCCUPATIONS, where permitted, shall meet the following requirements:
(a) The home occupation shall not change the residential character of the dwelling or neighborhood;
(b) There shall be no exterior advertising;
(c) There shall be no exterior storage on the premises of material or equipment associated with the home occupation;
(d) There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property lines;
(e) The home occupation shall not create the need for additional parking; and
(f) Storage of explosive, combustible, or hazardous materials shall conform to the regulations and restrictions adopted by the city in the Uniform Building Code.
HOTEL. A building which is used for short term occupancy, offering sleeping accommodations to the public on a nightly basis and access to all sleeping rooms through a main entrance, and which may provide food, entertainment, or various personal services.
HYBRID PRODUCTION FACILITY. A commercial operation or use in which, on one premise, finished consumer goods are manufactured or produced and those same goods are offered for sale to the general public. HYBRID PRODUCTION FACILITIES must be similar in size, scale, and scope of operation with adjacent or nearby uses.
INDIRECT ILLUMINATION. A source of light separate from the sign itself.
KITCHEN. A room or area for storage, preparation, and cooking of food.
LOADING SPACE. Off-street space logically and conveniently located for pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required parking spaces are filled.
LOT.
(a) Plot, parcel, or tract of land with fixed boundaries of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street or an approved private street and may consist of:
1. A single lot of record;
2. A combination of complete lots of record, or of portions of lots of record.
(b) Types of lots:
1. CORNER LOT. A lot located at the intersection of two or more streets.
2. NORMAL CORNER LOT. A corner lot where the streets border the outside or convex lot lines.
3. REVERSE CORNER LOT. A corner lot where the streets border the inside or concave lot lines.
LOT COVERAGE. The percent of the total lot occupied by the principal building.
LOT LINE, FRONT. The property line dividing a lot from a street. On a corner lot, only one street line shall be considered the FRONT LOT LINE and the main or front entrance to the primary building on the lot shall face such lot line. For buildings located on a corner with more than one business within the building, the lot front is the side where the business street address is listed.
LOT LINE, REAR. The lot line opposite the front lot line.
LOT LINE, SIDE. Any lot line other than the front or rear lot lines.
LOT OF RECORD. A lot that is part of a subdivision recorded in the office of the County Recorder or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The distance parallel to the front lot line, measured between side lot lines through that part of the building or structure where the lot is narrowest.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided that, such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements.
MAJOR ADDITION. Any extension having a floor area of 200 square feet or greater to an existing building. Extensions to dwellings that do not increase the total number of dwelling units shall not be considered as MAJOR ADDITIONS.
MANUFACTURED HOME. A structure constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or is 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this paragraph, except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq.
MOBILE HOME. A transportable dwelling that is built on a permanent chassis and is designed for use without a permanent foundation when connected to the required utilities.
MOBILE HOME PARK. Any site or tract of land under single or joint ownership upon which two or more mobile homes are parked for living quarters, including any roadway, building, structure, or recreational facility or enclosure used or intended for use as a part of the facilities of such park.
MOTEL. A building or group of buildings which are used for short-term occupancy, offering sleeping accommodations to the public on a nightly basis, which may provide food and entertainment totally within the primary building of the motel.
MULTIPLE-FAMILY DWELLING. A building containing two or more dwelling units. For the purposes of this chapter, the term MULTIPLE-FAMILY DWELLING includes duplex, apartment townhouses, and condominiums.
NON-CONFORMING USE. An existing non-conforming use at the time of adoption of this chapter or a legal building, structure, or use of land which:
(a) Exists, or for which a valid building permit exists, at the effective date of this chapter, and which violates any of the provisions of this chapter; or
(b) Exists, or for which a valid building permit exists, at the effective date of any amendment to this chapter and which violates any of the provisions of such amendment.
NUISANCE ODOR. An objectionable stench, especially from the decomposition of animal waste, which impacts an adjacent property owner in an overwhelming manner.
OUTPATIENT ANIMAL SERVICES. The examination, care, treatment, and grooming of domestic animals, excluding livestock, within an outpatient facility. OUTPATIENT ANIMAL SERVICES shall, as a minimum, meet the following requirements.
(a) OUTPATIENT ANIMAL SERVICES shall not have or make any provision for boarding any animal.
(b) Any animal brought to the service location shall stay under the direct control and supervision of the animal’s owner or owner’s representative.
(c) Any and all animals brought to the service location shall be leashed or caged at all times except when under the direct control of the person or persons giving service.
(d) Each veterinary service shall create and exclusively use an entrance to the service apart from any other entrance to any other associated use.
PARKING SPACE. Space used for the temporary, transient storage of private passenger vehicles used for personal transportation. Parking shall not include storage for any other purpose other than specified above.
PERSONAL SERVICE. Any enterprise conducted for gain which primarily offers services to the general public such as, but not limited to, shoe repair, watch repair, barber shops, beauty parlors, and similar activities.
PLANNED UNIT DEVELOPMENT. A project controlled by one owner, partnership, or corporation and characterized by a unified site design, involving varying the normal zoning requirements and restrictions so that the maximum long-range benefit can be gained and the unique features of the site preserved and enhanced.
PUBLIC SERVICE FACILITY. A public facility established for the protection and welfare of the surrounding neighborhood, including, but not limited to, a police station, fire station, or ambulance center.
PUBLIC USE. Use for a public purpose by a city, school district, county, state, or any other public agency or a public utility.
PUBLIC UTILITY FACILITY. A structure or facility including poles or towers exceeding 48 feet in height used by a public utility, including, but not limited to, gas, electric, or telephone.
RESEARCH AND DEVELOPMENT. Specialized non-polluting activities with emphasis on investigation, experimentation, testing, engineering, inventing, and conceptually designing prototypes and new technologies or associated light manufacturing. These technologies may include electronics, computer and data systems, medical and precision instruments, machine components, communication systems and equipment, and other technological instruments, equipment, and systems.
SCHOOLS. Pre-schools, kindergarten, elementary, junior-high, high schools, colleges, and universities.
SEMI-PUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
SERVICE STATION. A personal service establishment involving the dispensing of vehicle fuels and/or automobile repair.
SETBACK. The distance, measured at right angles to a given lot line, between said lot line and an imaginary line parallel to said lot line, defining an area between such lines within which no building may be placed.
SHORT-TERM OCCUPANCY. The rental of any unit or structure of portion thereof for a period of not more than 30 days.
SIGN. Any structure or natural object, or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract the attention to any product, place, activity, person, institution, organization, or business, or which displays or includes any letter, work, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an announcement, direction, or advertisement.
(a) SIGN, ADVERTISING. Any sign that includes descriptive phrases or logos intended for advertising purposes.
(b) SIGN, DIRECTIONAL. Any sign that contains only a name of any building or use and its addresses or the distance to such building or use.
(c) SIGN, IDENTIFICATION. Any sign that contains only a name or address of any building or use.
(d) SIGN, OFF-SITE. Any sign that is unrelated to a building or use situated or conducted on the lot where such sign is located.
(e) SIGN, ON-SITE. Any sign that is related to a building or use situated or conducted on the lot where such sign is located.
(f) SIGN, PERMANENT. Any sign that is erected in any given location for a period of one year or more.
(g) SIGN, PORTABLE. A sandwich-board sign not attached to a building to be placed on the ground for temporary use during business hours.
(h) SIGN, PROJECTING. Any sign that is attached to a building and any part of which is six or more inches from such building.
(i) SIGN, TEMPORARY. Any sign that is erected in any given location for a period of less than one year.
SINGLE-FAMILY DWELLING. A detached building, including attached or detached carports and automobile garages, containing living facilities including provisions for sleeping, eating, cooking, and sanitation for not more than one family.
SOLAR ACCESS. An unobstructed exposure to sunlight and solar radiation upon land or a building.
SOLAR ENERGY SYSTEMS. Any device, structure, or mechanisms that use solar radiation as an energy source for heating, cooling, or electrical energy.
(a) ACTIVE. An indirect thermal system in which solar heat is collected and stored in devices separated from the building space to be conditioned using conventional energy systems (fans, pumps, and the like).
(b) HYBRID. A system that employs aspects of both active and passive designs.
(c) PASSIVE. The collection and storage of solar radiation for heating or cooling by non-mechanical means.
SOUTH. Thirty degrees east or west of true south. In the city, TRUE SOUTH is approximately eighteen degrees east of magnetic south.
STREAM ALTERATION. To obstruct, diminish, destroy, alter, modify, relocate, or change the existing shape of the natural channel within or below the mean high water mark. It includes removal of material or structures in the stream channel.
STREET. A public thoroughfare that affords the principal means of access to abutting property.
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. For the purposes of flood hazard regulations, the definition shall include gas or liquid storage tanks that are located principally above ground.
SUNSPACE. An area of building designed and constructed to collect and retain energy, usually for human habitation.
TOWNHOUSE. A dwelling unit in a multiple-family dwelling, which is owned together with the ground under the unit.
TRELLIS. A light construction of lattice work no more than eight feet in height. Said lattice work shall be of open design.
USABLE OPEN SPACE. An area not encumbered with any roadway, parking area, or substantial structure maintained for either informal or structured recreational uses.
USE. The purpose for which land or a building thereon is designed, arranged, intended, or for which it is or may be occupied or maintained.
VARIANCE. A modification of the requirements of the zoning regulations as to lot area, lot coverage, width, depth, front yard, side yard, rear yard setback, parking space, or other regulation affecting the size or shape of a structure or the placement of structures upon lots, or the size of the lots and signs. A VARIANCE shall not include a modification of allowed uses.
YARD. The portion of the open area on a lot existing open and unobstructed from the ground upward from a given lot line for a depth or width specified by the setback regulations for the district in which the lot is located.
(Ord. 56, passed 11-1-1999)