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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word BUILDING shall mean as well the word STRUCTURE; the word USED shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word SHALL is mandatory and not directory.
ACCESSORY OR AUXILIARY USE OR STRUCTURE. A use or structure customarily incidental, appropriate and subordinate to the principal use of a building or to the principal use of land and which is located upon the same lot therewith.
ADVERTISING SIGN OR STRUCTURE. Any material or structure or any character whatsoever, placed for outdoor advertising purposes. The term PLACED shall include making visible in any manner whatsoever. The area of the advertising structure shall be determined as the area of the largest cross section of the structure. Neither directional, warning or other signs posted by public officials in the course of their public duties shall be construed as advertising signs for the purpose of these regulations.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory shall be secondary to that of normal agricultural activities, and provided further that the above uses shall not include the commercial feeding of garbage to swine or other animals, stockyards or commercial feed lots for cattle.
ALLEY. A minor right-of-way, dedicated to public use, not more than 30 feet wide affording a secondary means of access to abutting property and not intended for general traffic circulation.
ASSISTED LIVING FACILITY. A development designed and staffed to provide housing for residents who require some type of support for daily living, such as assistance for bathing, dressing, medication, meal preparation, or other functions. In addition to housing, this type of facility may also provide convenience services, such as meals, housekeeping, transportation, and community facilities, such as central dining rooms and activity rooms.
AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sales or rental of new or used motor vehicles or trailers in operable condition where no repair work is done.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR. Incidental replacement of parts and motor service to passenger cars and trucks not exceeding 1 1/2 tons capacity.
AUTOMOBILE SERVICE STATION OR FILLING STATION. Any area used for retail sale of gasoline or oil fuels or automobile accessories and incidental services, including facilities for lubricating and washing and cleaning, but not including painting, major repair or the sale of butane or propane fuels.
AUTOMOBILE WASH OR AUTOMATIC CAR WASH. A building or structure or chain conveyors, blowers, steam cleaners and other mechanical devices used primarily for the purpose of washing motor vehicles.
BASEMENT. A story wholly or partly underground. For purposes of height measurement, a BASEMENT shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
BLOCK. In describing the boundaries of a district, the word BLOCK refers to the legal description. In all other cases, the word BLOCK refers to the property abutting on one side of the street between two intersecting streets or a street and a railroad right-of-way or watercourse.
BOARD OF ADJUSTMENT. The Board of Adjustment for the city, also referred to as Board.
BOARDING HOUSE AND ROOMING HOUSE. A place where meals or lodging are provided for persons other than the family or their relation, excluding facilities for transient persons such as hotels, motels, inns and other such facilities.
BUFFER ZONE. Also called TRANSITION AREAS, as used between Industrial Districts and other nonindustrial districts, shall be defined as or considered being streets, thoroughfares, streams, creeks, landscaped areas within an existing setback or parking lots.
BUILDING. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as herein provided.
BUILDING ACCESSORY. The subordinate building, the use of which is customarily incidental to that of a principal building on the same lot.
BUILDING COVERAGE. The lot area covered by all buildings located thereon, including the area covered by all the hanging roofs.
BUILDING LINE. A line established beyond which no part of a building shall project, except as otherwise provided by these regulations.
BUILDING, PRINCIPAL. A building or buildings in which the principal use of the building site is conducted. In any residential district, any dwelling shall be deemed to be the principal building on the building site.
BULK LIMITATIONS (FLOOR AREA RATIO). The number of square feet of floor area as defined herein which is permitted for each square foot of lot area.
BULLETIN BOARD. Any board or sign erected for announcement purposes.
CAMPING PARTY. A person or group of not more than ten persons occupying any site within a park for not more than 30 days annually.
CARPORT. A roof extension or separate roof supported only by free standing columns; an unimproved structure with no plumbing or electricity; constructed and maintained in such a manner as to allow full visibility through the structure from any side, with no partially or fully opaque wall.
CELLAR. That portion of a building between floor and ceiling partly underground, but having half or more than half of its clear height below the adjoining finished grade.
CEMETERY. A land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
CHILD CARE CENTER. Any place, home or institution which receives eight or more children under the age of 16 years, who are not of common parentage, for care apart from their parents, legal guardians or custodians, when such care is received for regular periods of time for compensation.
CITY BUILDING INSPECTOR. The Building Inspector of the city.
CITY ENGINEER. The City Engineer of the city.
CLUB. A nonprofit association of persons who are bona fide members, paying regular dues and organized for some common purpose, but not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMPREHENSIVE PLAN. The comprehensive plan of the city.
COUNCIL. The City Council and includes the use of the words Council, City Commission and Board of Commissioners.
DUPLEX. Same as two-family dwelling.
DWELLING. Any building or portion thereof designed or used exclusively as a residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel or motel.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, TWO FAMILY. A building designed for or used exclusively by two families or housekeeping units.
DWELLING UNIT. One or more rooms, designed for or used by one family.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utility or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, transformation and regulation stations, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, street and area lighting facilities, hydrants and other similar equipment and accessories thereof reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
EXCEPTION. A variance from the requirements of these regulations properly authorized by the Board of Adjustment.
FAMILY. A person living alone or two or more persons living together, related by blood or marriage, as a single housekeeping unit using a single facility for culinary purposes in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, hotel, motel, fraternity house or sorority house.
FAMILY CHILD CARE HOME. Any place, home which receives more than four and seven or less children under the age of 16 years, who are not of common parentage, for care apart from their parents, legal guardians or custodians, when such care is received for regular periods of time for compensation.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of the exterior walls or from the center lines of walls separating two buildings.
FRONTAGE. The width of a lot measured at right angles to the depth on the front or street side of the lot.
GARAGE APARTMENT. A dwelling for one family erected as a part of a private garage.
GARAGE, PARKING. Any building or portion thereof used for the storage of four or more automobiles in which any servicing may be provided is incidental to the primary use for storage purposes and where repair facilities are not provided.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles or trailers.
GARAGE, PUBLIC. The structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repairing or refinishing of any vehicles.
GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair or equipping of automobiles.
HEIGHT. The vertical measurement of any building or structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point of the structure or building.
HEIGHT LIMIT. The limit of height as imposed in these regulations for any structure or building or permitted use within the zoning district.
HOME OCCUPATION. Any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof and which is conducted entirely within the main or accessory building; provided, that no trading and merchandising is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated name plate, not more than two square feet in area attached to the main or accessory building and no mechanical equipment is used except such as is customary for purely domestic or household purposes.
HOTEL. A building or group of buildings under one ownership containing six or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer court or camp, hospital, asylum, orphanage or building where persons are housed under a restraint.
IMPERVIOUS COVERAGE. The lot area covered by a surface that is impervious to absorption of stormwater (rain) into the ground. It is further defined in terms of a percolation rate slower than 120 minutes per inch of water.
INDUSTRY. Storage, repair, manufacture, preparation or treatment of any article, substance or any commodity for commercial use.
INSTITUTIONAL USES. Those uses organized, established, used or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social or philanthropic activities normally operated on a nonprofit basis.
JUNK OR SALVAGE YARD. A place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvage material incidental to manufacturing operations.
KENNEL. Any structure or premises on which five or more dogs over four months of age are kept.
LOADING SPACE. An off-street space or berth on the same lot with the building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LONG-TERM CARE FACILITY. A development providing in-patient health care, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by these regulations, and having access on a public street.
LOT, CORNER. A lot which has at least two adjacent sides abutting on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT, WEDGE SHAPED. A lot situated so that the front is either wider or narrower than the rear of the lot.
LOTS OF RECORD. A designated separate and distinct parcel on a legally recorded subdivision plat or a legally recorded deed filed in the records of the county.
MAXIMUM COVERAGE. The maximum amount of land that may be covered by buildings on any lot.
MEAN LOT ELEVATION. The average elevation of a lot.
(1) CONVALESCENT, REST OR NURSING HOME. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
(2) DENTAL CLINIC OR MEDICAL CLINIC. A facility for the examination and treatment of ill and afflicted human out-patients, provided that patients are not kept overnight except under emergency conditions.
(3) DENTAL OFFICE or DOCTOR’S OFFICE means the same as a dental or medical clinic.
(4) HOSPITAL. An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities and staff offices which are an integral part of the facilities.
(5) PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for providing public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
(6) SANATORIUM. An institution providing health facilities for in-patient medical treatment or treatment and recuperation making use of natural therapeutic agents.
MOBILE HOME COURT. A parcel of land under single ownership which has been planned and improved for a placement of mobile homes for non-transient use.
MOBILE HOME LOT. A parcel of land for the exclusive use of the occupants of a single mobile home.
MOBILE HOME STAND. The part of an individual lot which has been reserved for the placement of a mobile home.
NONCONFORMING USE. A parcel of land lawfully occupied by a use that does not conform to the regulations of the district in which it is located.
OFF-STREET PARKING. The provision of space reserved exclusively for the parking of motor vehicles entirely off the public street and lying wholly within the property boundaries of the parcel of land affected.
OIL AND GAS WELLS. Any hole or holes, bore or bores, to any depth for the purpose of producing and recovering any oil, gas or liquefied petroleum matter or deleterious substances, or for the injection or disposal of any of the foregoing.
OPEN SPACE. An area included in any side, rear or front yard or any other unoccupied space on a lot that is open and unobstructed to the sky except forth ordinary projection of cornices and eaves or porches.
PARCEL. A lot as defined herein.
PARKING AREA, PRIVATE. An open area for the same uses as private garage.
PARKING AREA, PUBLIC. An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for fee, free or as an accommodation for clients or customers.
PARKING SPACE. A permanently surfaced area either within a structure or in the open, exclusive of driveways or access drives for the parking of motor vehicles.
PERMITTED USES. The use of a structure or of a tract of land allowed by the use regulations of these regulations.
RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer with or without motive power designed for human habitation for recreational or emergency occupancy.
RECREATIONAL VEHICLE PARK. Any property where one or more lots are rented to users of recreational vehicles and which are occupied for temporary purposes.
RECREATIONAL VEHICLE SITE. A plot of ground within a recreational vehicle park for one recreational vehicle, automobile and camping party.
REHABILITATION CARE FACILITY. A dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.
ROOMING HOUSE. See BOARDING HOUSE.
SIGN. Any structure or part thereof, or any device attached to, painted on or represented on a building or other structure, upon which is displayed or included any lettering, model, banner, flag, pennant, insignia, decoration, device or representation used as or which is in the nature of an announcement, direction, advertisement or other attention-directing device. A sign shall not include the similar structure or device located within a building except for illuminated signs within show windows. The sign includes any billboard, but does not include the flag, pennant or insignia of any nation or association of nations or any state, city or other political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SIGN, ILLUMINATED. A sign designed to give forth any artificial light or designed to reflect light from one or more sources, natural or artificial.
SIGN, PROJECTING. A sign erected on the face or outside wall of a building which projects out at any angle therefrom.
SIGN, TEMPORARY. Signs of a temporary nature used to advertise the premises for sale, rent or lease.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, FIRST. The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building, except that any basement or cellar used for residence purposes shall be deemed the first story; provided that a basement or cellar used purely for recreational purposes shall not be deemed the first story.
STORY, MEZZANINE. A story which covers one-third or less of the story directly underneath it.
STREET. A public right-of-way more than 20 feet in width which provides a public means of access to abutting property and used primarily for vehicular circulation. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, land, place highway, thoroughfare and any other similar term.
STREET, COLLECTOR. As described and shown on the major street plan.
STREET, INTERSECTING. Any street which adjoins another street at an angle whether or not it crosses the other.
STREET, MAJOR. As described and shown on the major street plan.
STREET, MINOR. Any street not designated as a major or collector street and intended to serve or provide access exclusively to the properties abutting thereon.
STRUCTURAL ALTERATION. Any change in the structural members of a building such as walls, columns, beams or girders.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveway and similar improved areas).
THOROUGHFARE-EXPRESSWAY. A primary thoroughfare with divided roadways, partial or full control of access in general with grade separations at intersections. A FREEWAY shall mean an expressway with full control of access and meeting the standards of the Bureau of Public Roads, U.S. Department of Commerce.
THOROUGHFARE-PRIMARY OR SECONDARY. An officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the official thoroughfare or major street plan for the city or county or other road or street designated as a secondary thoroughfare on the plan, respectively.
THOROUGHFARE PLAN. The part of the Comprehensive Development Plan referring to transportation development goals, principles and standards and also includes use of the words major street plan and trafficways plan.
TOURIST COURT. An area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons.
TRAFFIC SIGNALING DEVICE. A sign, device or mechanical contrivance, used for the control of motor vehicular and pedestrian movement.
TRAILER OR MOBILE HOME. A portable or mobile living unit used or designed for human occupancy on a permanent basis.
USE. The purpose for which land or a building or structure is arranged, designed or intended or for which either land, building or structure is or may be occupied or maintained.
UTILITY SERVICE INSTALLATION. Any structure or installation by utility company deemed to be necessary for the safe or efficient operation of that utility.
VARIANCE. Any modification of the terms of these regulations.
WORSHIP FACILITY. A place of worship and religious training that may also include one dwelling unit for the housing of religious organization personnel.
YARD, FRONT. A yard extending across the full width of a lot from side lot line to side lot line abutting on a street beyond which a building may not protrude.
YARD, REAR. A yard extending across the rear of a lot measured from side lot line to side lot line and at opposite end to the front lot line.
YARD, SIDE. A yard extending from front building line to the rear building line abutting the side lot line beyond which no building may protrude.
ZONING MAP. The adopted zoning map or maps of the city, together with all amendments.
ZONING COMMISSION or COMMISSION. The Zoning Commission as established by city ordinance pursuant to state statutes.
(`93 Code, § 12-206) (Ord. 1040, passed 4-12-83; Am. Ord. 1257, passed 12-9-97; Am. Ord. 1334, passed 5-8-01; Am. Ord. 1509, passed 7-11-06; Am. Ord. 1543, passed 3-13-07; Am. Ord. 1574, passed 11-13-07; Am. Ord. 1583, passed 1-8-08; Am. Ord. 1585, passed 1-8-08; Am. Ord. 1606, passed 9-9-08)