For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. Any building or use subordinate to the principal use and located on the same lot as the principal use.
ACCESSORY BUILDING, RESIDENTIAL DISTRICT. An uninhabited building or structure that is detached from the principal structure on a lot of record, the use of which is subordinate to the principal use on the property.
ANIMAL CLINIC. Any establishment where animals are sheltered, examined and treated by veterinarians.
APPLICANT. Any person or business enterprise applying for any action under this chapter. An APPLICANT must own the subject property in fee, have an enforceable right to purchase the subject property pursuant to an earnest money contract, hold an enforceable option to purchase, have an equitable title to the property pursuant to a contract for deed, or hold an enforceable leasehold interest continuing for more than 20 years from the date of an application.
ARTERIAL STREET. A street or highway with access restrictions designed to carry large volumes of traffic between various sectors.
BLOCK. A tract of land bounded by streets, or a combination of streets, parks, railroad rights-of-way, shorelines or corporate boundary lines of the city.
BOARDING HOUSE. A building, not a hotel or motel, where for compensation and for prearranged periods meals or lodging are provided to not more than ten unrelated persons.
BOUNDARY. The geographical limits of any tract or parcel of land or use district.
BUFFER. A strip of land attractively fenced and/or planted with trees or other vegetation and grass (or left in its natural state when existing vegetation provides sufficient screening), located between two land uses of different intensity of development (such as C-1 next to R-3 or R-1 next to R-3),which is created and maintained for the purpose of screening or limiting the view of certain property uses from one another or from the general public, thereby lessening incompatibilities in transitions between parcels with different intensity of land use.
BUILDABLE AREA. The space remaining on a lot or parcel after minimum yard and open space requirements have been met; and also where multiple structures for dwellings or other uses are to be built on the same lot, after additional deductions for internal streets, parking, drainage systems and other features or facilities not usually contained within the building area of a lot in a subdivision.
BUILDING. Any structure intended for the shelter, support or enclosure of persons, animals or property of any kind; where separated by party walls without openings, each portion of the building is considered a separate building.
BUSINESS SERVICE. Any business activity which renders service to individuals or commercial or industrial enterprises.
CLINIC. Any establishment where human patients are examined and treated by doctors or dentists.
CLUB, PRIVATE OR LODGE. Any establishment operated for social, recreational or educational purposes but open to members and not the general public.
CONDITIONAL USE. A use which is not incompatible with the uses authorized within a zone but which presents special problems or control problems requiring reasonable but unusual or extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the city land use plan.
CONDITIONAL USE PERMIT. A permit, issued by the City Commission in accordance with procedures specified in this chapter, as a flexibility device to enable the City Commission to assign limitations or conditions to a proposed conditional use after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
CONDOMINIUM. A form of individual ownership within a multi-family or townhouse building which entails joint responsibility for maintenance and repairs, each apartment or townhouse is owned individually, and each occupant owns a share of the land and other common property of the building.
CONGREGATE HOUSING. Multi-unit housing for the elderly and/or disabled, providing at least one prepared meal per day in a common dining room, and may also provide certain assisted living, medical, recreational and social services over and above what might be in a standard elderly apartment complex.
COVERAGE. The portion of a lot covered by principal and accessory use structures.
DAY CARE-GROUP NURSERY. A service provided to the public, in which six or more children of school or pre-school age are cared for during established business hours, where no overnight facilities are provided and where the children are delivered and picked up daily.
D.N.R. State Department of Natural Resources.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed or business conducted in the automobile.
DRAINAGE WAY. A depression in the earth’s surface such as ravines, draws and hollows in which surface waters from rain and melting snow collect but at other times are devoid of water.
DWELLING. Any structure designed or used as the living quarters for one or more families. The term includes single-family dwellings, two-family dwellings, multiple dwellings and apartment houses. The term does not include hotels or motels.
DWELLING UNIT. One or more rooms including complete kitchen facilities used or intended for use as living quarters by one family.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, water or other transmission or distribution systems; and collection, communication, supply or disposal systems.
FAMILY UNIT. One or more persons related by blood, marriage, adoption or foster parent relation occupying a premises and living as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities.
FLOOR AREA (FLOOR SPACE). The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, or any other such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts. This is sometimes referred to as GROSS FLOOR AREA.
GARAGE. An accessory building or accessory portion of a dwelling which is intended for parking and storage of not more than four passenger vehicles, none of which exceed 9,000 pounds gross weight.
HOME OCCUPATION. An occupation carried on in a dwelling unit which is clearly incidental and secondary to the use of the building for dwelling purposes, and which does not change the character thereof.
HOTEL. A hotel, motel, resort, furnished apartment house or other building which is kept, used or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to guests for transient occupancy.
HEIGHT OF BUILDING OR STRUCTURE. The vertical distance from the average of the highest and lowest point of the portion of a lot covered by a building, to the highest point of the roof.
INTENSITY OF LAND USE. The use and/or zoning of land in terms of the density of dwelling units or the nature of other uses to which the land may be put. The value will be established based upon the proposed use of the property, which may or may not be based upon the actual zoning district in which the parcel is located. The assigned value will be determined by finding the zoning classification with the lowest intensity use value where the intended use is a “permitted use” and apply to them a numerical value for that zone as the assigned intensity use value. These values will not be based on conditional use permits. For purposes of this chapter, INTENSITY OF LAND USE will be assigned a numerical value in ascending order of the use intensity. The numerical values shall be: A-1 = 1, C-1 = 1, R-1 = 2, R-2 = 3, R-3 = 4, MH-1 = 4, B-1 = 5, and I-1 = 6. (Example: If a petitioner requests developing a PUD with multi-family dwelling units in an R-1 Zoning District or adjacent to an R-1 District, an intensity use value of 4 would be assigned to the new project since multi-family is first permitted as a use in the R-3 Zone, and a value of 2 would be assigned to the R-1 zoned property.)
LIGHT MANUFACTURING. The processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties.
LOT. A parcel of land occupied or capable of being occupied by one or more structures or buildings having a principal frontage on a street or a proposed street approved by the City Commission.
LOT OF RECORD. Any lot which individually or as a part of a subdivision has been recorded in the appropriate county office.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets.
LOT, DEPTH OF. A mean horizontal distance between the front and rear lot lines.
LOT, MINIMUM AREA OF. The measurements of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT, WIDTH OF. The mean width measured at right angles to the depth.
MOBILE HOME. Any mobile vehicle or shelter used or designed to be used for living purposes, whether or not the wheels are attached.
MODULAR HOME. A non-mobile housing unit that is fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site. A MODULAR HOME shall be congruous to a single-family dwelling and shall meet applicable building codes.
MOTOR SERVICE STATION. An establishment where gasoline, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles whether or not motor vehicle repairs and services are performed on the same premises.
NONCONFORMING BUILDING STRUCTURE. A building structure designed, converted or adapted for a use prior to the adoption of provisions prohibiting the use in the location.
NONCONFORMING USE. Any use or arrangement of land or structures legally existing on the effective date of this chapter or any of its amendments which does not conform to the district regulations in which it is located.
NURSING HOME or REST HOME. A licensed establishment having accommodations for the continuous care of two or more invalid, infirm, aged convalescent patients or physically disabled persons that are not related; the term does not include hospitals, clinics, sanitariums or similar institutions.
PARCEL. A continuous quantity of land in the possession of or owned by or recorded as the property of the same person or persons.
PARKING SPACE. An area of not less than 180 square feet exclusive of drives or aisles to be used for the storage or parking of motor vehicles.
PARKING SPACE, FULLY ENCLOSED. See GARAGE.
PARKING SPACE, OPEN. A parking space which is situated outdoors, as in an open lot designed and built for that purpose.
PERMITTED USE. The use of land, buildings or structures allowed under this chapter.
PRINCIPAL USE. The main use of land, buildings or structures as distinguished from an accessory use. A PRINCIPAL USE may be either permitted or conditional.
PLANNED UNIT DEVELOPMENT (PUD). A development or subdivision designed where buildings (residential or combined residential and commercial/industrial) are clustered or grouped so as to provide for common and/or public open space.
RECREATIONAL VEHICLES. A mobile vehicle, including watercraft used for recreational purposes, capable of being towed or being self propelled.
REDUCTION OR JUNK YARD. Any place where two or more motor vehicles not in operating condition or parts thereof are stored or/and being restored to operation; or any land, building or structure used for the wrecking or storage of the motor vehicles or parts thereof; the term includes any commercial salvaging, scavenging or recycling of any other goods, articles or merchandise.
SIGN. Any name, identification, display, illustration structure or device which is publicly displayed and which is used to direct attention to a product, a person, business, institution, place or philosophy.
SPOT ZONING. Rezoning of a small area for higher intensity use than the land surrounding it.
STORY. The 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.
STREET. Any thoroughfare or way other than a public alley dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court or other similar designation, or a private street open to restricted travel and at least 40 feet wide.
STRUCTURE. Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches and other building features, but not including sidewalks, drives, fences, ground level patios, recreational equipment and small utility sheds.
SUPPLY YARD. A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. The term does not include reduction yards or junk yards.
TOWNHOUSE. Single-family attached units in structures housing three or more contiguous dwelling units, sharing a common wall, each having separate and individual front and rear entrances, the structure is of a row type as distinguished from multiple dwelling apartment buildings.
USABLE OPEN SPACE. A ground area or terrace area on a lot which is graded, developed, landscaped or equipped or intended and maintained for recreation, leisure, resource protection, amenity and/or buffers, which shall be available to, adjacent to, and usable by persons occupying a dwelling unit and their guests. Those areas must be landscaped or covered only for recreational purposes. Roofs, required yards, driveways, drainage areas and parking do not constitute USABLE OPEN SPACE.
VARIANCE. The waiving by action of the City Commission of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship to the individual property because of unique circumstances.
WATERSHED. The area drained by a river, stream lake or other body of water.
YARD. A required open space on the front, side or rear of a lot which is unoccupied or unobstructed by use or structures from ground level upward.
ZONING DISTRICT. An area or areas for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
ZONING MAP. An official map entitled “Glenwood Zoning Map”, which remains part of the permanent records of the city.
(1988 Code, § 11.01-4) (Ord. 30, passed 10-11-1994; Ord. 73, passed 5-8-2001)