For the purpose of this chapter, the following definitions shall apply, in addition to the definitions given in the Uniform Building and Fire Codes, unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building or portion of the main building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building.
ACCESSORY USE. A use or structure subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use of the structure.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property.
AMATEUR RADIO ANTENNA TOWER. A tower designed and used in accordance with an amateur radio station license issued by the U.S. Federal Communications Commission.
ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic signals, including, but not limited to, directional ANTENNAS such as panels, microwave dishes and satellite dishes and omnidirectional ANTENNAS such as whip antennas.
APARTMENT. A room or suite of rooms in a multi-use building arranged and intended as a place of residence for a single family or a group of individuals living together as a single housekeeping unit.
APARTMENT BUILDING. Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in that building, and shall include flats or apartments.
ARTERIAL STREET, MINOR. County state aid highways and major local streets designated in the Comprehensive Plan of the city.
ARTERIAL STREET, PRINCIPAL. Highways 7, 15 or 22 as designated by the Comprehensive Plan of the city.
AUTOMOBILE WASH or CAR WASH. Any building or premises, or portion thereof, the use of which is devoted to the business of washing automobiles for a fee whether by automated cleaning devices or otherwise.
AUTOMOBILE SERVICE STATION. Any building or premises, or portion thereof, used or intended to be used for the retail dispensing or sale of automobile fuels, which activity may be accompanied by accessory uses such as sale of lubricants, tires, accessories or supplies, or minor repairing of automobiles.
AUTOMOBILE OR TRAILER SALES LOT. An open area other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE WRECKING, SALVAGE YARD. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
BED AND BREAKFAST ESTABLISHMENT. A structure designed and used as a residence in which one or more bedrooms are rented to transient guests on a day-to-day basis and in which meals are served to these overnight guests.
BOARDING HOUSE. A dwelling where meals or lodging, or both, are provided for compensation to three or more persons, who are not transients, by prearrangement for definite periods, in contradistinction to hotels and motels, as herein defined.
BUFFER. The use of land, topography (differences in elevation), space, fences or landscape plantings to screen or partially screen a tract of property from another tract of property and thus reduce undesirable influences such as sight, noise, dust and other external effects which a land use may have upon other adjacent or nearby land uses.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property. When a structure is completely divided into parts by an unpierced wall or walls extending from the ground to the top of the structure, each part shall be deemed a separate BUILDING. BUILDING does not include structures for essential services, as defined herein.
BUILDING LINE. An imaginary line on a development site corresponding with the series of points where an exterior building wall meets the grade of the earth.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold or rented, or which occupies time, attention, labor or materials, or where services are offered for compensation.
CELLAR. A portion of a building located partly or wholly underground and having half or more than half its clear floor to ceiling height below grade.
CLINIC. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians or dentists, or both, practicing together.
COLLECTOR STREET. A street which carries traffic from local streets to or from arterial streets or between arterial streets. It includes the principal entrance streets of a residential development and those principal streets used for circulation within a residential development.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of this type of signals, telecommunication towers or similar structures supporting that equipment, equipment buildings, parking areas and other accessory development and related equipment.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
COMMUNICATION TOWER. A structure which is designed to support an antenna and all supporting lines, cables, wires and braces.
COMPREHENSIVE PLAN. Unless otherwise stated, the general plan for land use, transportation and community facilities prepared and maintained by the city.
CONDITIONAL USE. A use of land not normally allowed in a particular zoning district, but which may be allowed under certain conditions. A CONDITIONAL USE is also used for establishing setbacks in I-C1 Zones.
CONVENIENCE FOOD RESTAURANT. A business whose principal function is the sale of foods, frozen desserts or beverages to the customer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises, and whose design or principal method of operation includes both of the following characteristics:
(1) Foods, frozen desserts or beverages are usually served in edible containers or in paper, styrofoam or other disposable containers; and
(2) The customer is not served food at his or her table by an employee, but receives it at a counter, window or similar facility for carrying to another location on or off the premises for consumption.
CONVENIENCE STORE. A store selling on a retail basis food for consumption off the premises along with other items including gasoline; differentiated from a grocery store by its size of not more than 5,000 square feet.
CORNER LOT. A lot situated at the junction of and fronting on two or more streets.
CULTURAL ESTABLISHMENT. A facility used by a business or not-for-profit organization dedicated to exhibits, learning or services in the performing or visual arts, music, history, literature, religion or similar aspects of advanced civilization.
DAY CARE CENTER. A business in which not more than ten children receive adult supervision and meals in the temporary daily absence of their parents. A similar business with fewer than ten children is considered a home occupation.
DISTRICT. A section or sections of the city for which the provisions of this chapter are uniform.
DOG DAYCARE BOARDING FACILITY. The boarding and regular care of dogs, including daycare and overnight care. Facilities must have indoor kennel runs and a fenced outdoor exercise area. Outside kennel runs are not permitted. Dogs must be under the supervision of a staff member when outside at all times. No dogs are allowed in the outdoor exercise area between 10:00 p.m. and 7:00 a.m. unless there is an emergency. No more than 12 dogs are permitted on the property at any one time, for the purposes of the dog daycare boarding facility. Facility layout, including indoor kennel runs, floor and wall materials, and outdoor exercise area design must be approved by city staff.
DOG KENNEL. Any place where four or more dogs over six months of age are owned, kept, boarded, bred or offered for sale, except as provided for in § 93.17 if this code of ordinances.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling.
DWELLING CLUSTER OR GROUP. A group of two or more detached dwellings located on a parcel of land and having any yard or court in common.
DWELLING, DETACHED. A dwelling, including its attached garage, if any, which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A building designed for or occupied by more than two families.
DWELLING, SINGLE-FAMILY. A detached building designed for and occupied by not more than one family.
DWELLING, TWO-FAMILY. A building designed for and occupied by no more than two families.
DWELLING UNIT. A residential accommodation including complete kitchen facilities permanently installed which is arranged, designed, used or intended for use as living quarters for one household and not more than one roomer or boarder. Where a private garage is structurally attached, it shall be considered as part of the building in which the DWELLING UNIT is located.
EARTH SHELTER. Constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth and the State Building Code standards are satisfied. Partially completed buildings shall not be considered EARTH SHELTERED.
EASEMENT. A right held by others to use one’s land for a specified purpose or purposes.
ENTERTAINMENT ESTABLISHMENT. A facility used by a business or a not-for-profit organization providing play, amusement or relaxation activities, not including the sale or consumption of alcohol.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach.
ESSENTIAL SERVICES. Overhead or underground electrical, telephone, gas, stream or water transmission or distribution systems and structures, or collection, communication, supply or disposal systems and structures, operated by public and quasi-public utilities or governmental departments or commissions or as are required for protection or the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes and police call boxes, and accessories in connection therewith, but not including buildings.
FAMILY. One or more persons related by blood, marriage, adoption or guardianship. A FAMILY may also be composed of members of a common housekeeping management unit, all of the members of which have common use and access to all living and eating areas, bathrooms and food preparation and serving areas and which is based on an intentionally structured relationship providing organization and stability. A FAMILY also includes a state licensed FAMILY DAY CARE HOME.
FAMILY DAY CARE HOME. A single-family home, duplex or apartment unit providing day care for no more than ten children, including the day care operator’s children, under five years of age.
FLOOD. A temporary rise in stream flow or in the stage of a wetland or lake which results in inundation of the areas adjacent to the channel that are normally dry.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. The portion of the flood plain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study for the city.
FLOOD PEAK. The highest value of stage or discharge attained during a flood event; thus peak stage or discharge.
FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
FLOOD PLAIN MANAGEMENT. The full range of public policy and action for insuring wise use of the flood plains. It includes everything from collection and dissemination of flood control information to actual acquisition of flood plain lands, construction of flood control measures and enactment and administration of codes, ordinances and statutes regarding flood plain land use.
FLOOD PLAIN REGULATIONS. The full range of codes, ordinances and other regulations relating to the use of land and construction within flood plain limits. The term encompasses zoning ordinances, subdivision regulations and sanitary and building codes.
FLOOD PROFILE. A graph or a longitudinal plot of water surface elevations of a flood event along a reach of a stream or river.
FLOODPROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.
FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood.
FLOOR AREA. For a building, the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls or from the centerline of a wall separating two buildings. The FLOOR AREA of a building shall include basement floor area, but shall not include cellar floor area.
FLOOR AREA RATIO or FAR. For the building or buildings on any lot or site area, the gross floor area of the building or buildings on that lot or site divided by the area of that lot. When used in this chapter, the FLOOR AREA RATIO multiplied by the lot or site area in question produces the maximum amount of floor that may be constructed on that lot or site area.
FOSTER FAMILY HOME. A family home where children out of their own homes are cared for 24 hours a day for a period of 30 days or more.
FRONTAGE. All the property fronting on one side of a street, measured along that street, between an intersecting street and another intersecting street, a right-of-way, waterway, end of a dead end street or municipal boundary.
GARAGE. An accessory building, or part of a principal building, used primarily for the parking of automobiles owned or operated by the residents of dwellings located on the lot on which it is located. All new homes shall either have an attached or detached garage of at least 400 square feet. Garages less than 400 square feet, but larger than 240 square feet, are allowed by conditional use permit. Garages less than 240 square feet are not allowed. Driveways shall be constructed of concrete, bituminous, block pavers or some other dust free material, as approved by the City Engineer and/or Planning Director. Gravel, crushed limestone, rock, sand, bitcon (crushed bituminous and/or concrete) or other similar materials are not considered dust free.
GRADE.
(1) For buildings more than five feet from any street line, the average level of the finished surface adjacent to the exterior walls of the building; or
(2) For buildings having one or more exterior walls within five feet of a street line or lines, the average of the elevations of the sidewalk or sidewalks, or their equivalent established ground surface, adjacent to the street line or lines.
GREEN SPACE. The portions of a site landscaped with ground cover such as grass and, possibly, trees and shrubs.
GROUP HOME. A specialized residential facility that provides care on a 24-hour basis for a selected group and providing specialized care and a planned treatment program under the direction and control of an agency, institution or independent operator. Children of the GROUP HOME parents under the age of 21 years present in the home are included in the total number of children permitted to live in the home. See state statutes.
HALF STORY. The portion of a building under a sloping gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of the story. No HALF STORY shall be used for occupancy except in conjunction with and by the occupants of the floor immediately below it.
HEIGHT OF BUILDING or STRUCTURE HEIGHT.
(1) The distance measured from the average existing ground elevation adjoining the building at the front building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the average distance of the highest gable on a pitched or hip roof. References in this section to BUILDING HEIGHT shall include and mean STRUCTURE HEIGHT, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure.
(2) “Existing ground elevation” means the lowest of the following elevations:
(a) The grade approved at the time of the subdivision creating the lot; and
(b) The grade at the time the building permit for a principal structure on the lot is applied for.
(3) Retaining walls and/or artificial grades created by fill may not be used to modify the measured building height to circumvent the intent of the zoning ordinance. A survey may be required at the applicant’s expense, to verify existing ground elevation and/or structure height, as directed by the Planning Director.
HOME OCCUPATION. Any occupation which is clearly incidental to the principal use of the premises, is conducted by a resident occupant and does not change the character of the principal use.
HOSPITAL. An institution providing health services and medical or surgical care, primarily for inpatients, to three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house, as herein defined. A HOTEL has more than six guest rooms.
HOUSEHOLD. Any number of individuals living together on a premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel, as defined herein.
IMPERVIOUS SURFACE. The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil and causes water to runoff the surface in greater quantities and at an increased rate of flow than existed prior to development. IMPERVIOUS SURFACE shall include, but not be limited to, buildings, all driveways and parking areas (whether paved or not), sidewalks, patios, tennis and basketball courts, covered decks, porches and other structures. Open, uncovered decks are not considered IMPERVIOUS for the purposes of this chapter if they have a pervious surface underneath and have at least one-eighth inch spacing between the deck floor boards. Eaves and overhangs are not calculated as IMPERVIOUS SURFACE. The use of patio blocks, paver bricks or gravel material, as well as plastic landscape fabric are considered IMPERVIOUS SURFACES as a majority of water runs-off the surface rather than being absorbed into natural soils underneath. Some exceptions to these conditions may include paver blocks or pavement systems engineered to be permeable with the underlying soils suitable for infiltration. A survey may be required at the applicant’s expense, to verify existing ground elevation and/or structure height, as directed by the Planning Director.
LAUNDROMAT. An establishment providing washing, drying or dry cleaning machines on the premises for rental use to the general public for family laundering purposes.
LABORATORY. A place devoted to experimental study such as testing and analyzing materials, not including manufacturing or packaging of those materials, except incidentally.
LIGHT INDUSTRY. The processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties.
LINTEL SIGN SPACE. A horizontal space on the front facade of a building immediately above and adjacent to a window or door. In older buildings, this space was previously occupied by windows.
LIVABLE FLOOR AREA. The square footage of floor area of a dwelling measured from the outside of the exterior walls, but not including attics, cellars, unfinished basements, open porches, breezeways and garages. Only floor area having a ceiling height of seven feet, six inches or more shall be considered as LIVABLE FLOOR AREA. An unfinished floor may be included as LIVABLE FLOOR AREA provided plans are submitted to the Zoning Enforcement Officer indicating in detail the layout of the rooms; and, provided further that, rough plumbing, heating ducts and electric circuits are installed during construction of the building.
LOADING BERTH. An open, hard-surfaced area, (same as required for parking lots) other than the street or public right-of-way, the principal use of which is for the standing, loading and unloading of trucks and trailers. A minimum area of 780 square feet, excluding access drives, is required.
LOCAL STREET. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.
LOT. Land occupied or to be occupied by a building and its accessory buildings, or a principal use, together with open spaces as are required under this chapter, and having its principal frontage upon a street, right-of-way or easement shown on a plat or survey which has been submitted to and approved by the City Council.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where it is possible to draw two intersecting chords, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than 120 degrees.
LOT COVERAGE. The area of a lot occupied by the principal and accessory buildings including gazebos and tool sheds, driveways (paved and gravel) and decks and patios. The purpose of the regulations shall be to control the amount of impervious surfaces which affect storm water infrastructure and the environment.
LOT, DEPTH OF. The mean horizontal distance between the front and the rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT FRONT. The portion of a lot abutting a public street. If a lot abuts two public streets, the LOT FRONT is the narrower of the two lot edges. On double frontage lots with equal edges, the LOT FRONT shall be the lot edge at the front of the house.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The lines bounding a lot, as defined herein.
LOT OF RECORD. A parcel of land that is recorded as a lot in a subdivision that has been recorded on the records of the Recorder of the county.
LOT REAR. The portion of a lot directly parallel with the front property line, but on irregular lots as shown in the sketch App. A of Ord. 464, § 3. On corner lots, the REAR shall be considered as parallel to the street upon which the lot has its least dimension.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 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 in it, and which complies with the Manufactured Home Building Code established by M.S. § 327.31, Subd. 3, as it may be amended from time to time. See M.S. § 327.31, Subd. 3 and 6, as they may be amended from time to time.
MANUFACTURED HOME PARK. A lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any manufactured home.
MASSAGE. The practice of rubbing, stroking, kneading or rolling the body with the hands or any instrument for the exclusive purpose of relaxation, physical fitness or beautification as defined in Ch. 119 of this code.
MONOPOLE. A wireless communication facility which consists of a single unit without supporting members structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
MOTEL. A series of sleeping or living units, for the lodging of transient guests, offered to the public for compensation, and with convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
NON-CONFORMING BUILDING OR STRUCTURE. Any building or structure lawfully existing at the time of the approval of this chapter, or any amendment to it rendering that building or structure non-conforming, which:
(1) Does not comply with all of the regulations of this chapter, or any amendment hereto, governing bulk, height and yard requirements for the zoning district in which that building or structure is located; or
(2) Is designed or intended for a nonconforming use.
NON-CONFORMING LOT OF RECORD. An unimproved lot which was legally recorded on or before the effective date of this chapter which does not comply with the lot size requirements for any permitted use in the district in which it is located. The lot is considered buildable only as stipulated in § 154.156 of this chapter.
NON-CONFORMING USE. Any building or land lawfully occupied by a use at the time of the approval of this chapter, or any amendment to it rendering that use non-conforming, which does not comply with all of the regulations of this chapter, or any amendment hereto, governing use for the zoning districts in which that use is located.
NURSING HOME. An establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill, or surgical or obstetrical services, shall be provided in this type of establishment; a HOSPITAL shall be construed to be included in this definition.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water.
ODOROUS MATTER. Any material that produces an olfactory response among human beings.
OFFICE-SHOWROOM BUILDING. A building in which at least 20% of the floor space is devoted to office activities, the remainder being used for either warehousing, display, light manufacturing or research and testing. Floor-to-ceiling joist heights in the warehouse portion would be not more than 14 feet.
OPEN SPACE. The portion of a land parcel not occupied by buildings, other structures or parking areas.
PARKING LOT. A parcel of land containing one or more unenclosed parking spaces whose use is principal to the lot as differentiated from an accessory use, as a residential lot.
PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size to store one motor vehicle, together with a street or alley and permitting ingress and egress of an automobile. A minimum of 170 square feet, excluding access drives, is required.
PARKING STRUCTURE. A deck or building, or part thereof, used or intended to be used for the parking and storage of motor vehicles at one or more levels.
PARTICULATE MATTER. Material other than water which is suspended or discharged into the atmosphere in a finely divided form as a liquid or solid.
PLANNED DEVELOPMENT. A tract of land developed as a unit under single or unified ownership control and which generally includes two or more principal buildings or uses but which may consist of one building containing a combination of principal and supportive uses. Land uses not otherwise allowed in the zoning district are prohibited with a PLANNED DEVELOPMENT unless specific provisions are made by ordinance or resolution of the City Council.
POLE BUILDING. A building with a frame made of wooden or metal parts, with metal panels covering three or more sides, and without a full foundation.
PORTABLE RECYCLING UNIT. A mobile facility designed and used to collect cans, bottles, paper, cardboard, plastics or other recyclable materials. It may be moveable either under its own power or the power of separate device.
PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is situated.
PRINCIPAL USE. The purpose for which land or a building or structure thereon is designed, arranged, intended or maintained, or for which it is or may be used or occupied.
PRIVATE CLUB OR LODGE. A building and related facilities owned or operated by a corporation, association or group of persons for social, educational or recreational purposes of members regularly paying dues, but not primarily for profit or to render a service which is customarily carried on as a business.
PRIVATE RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected for non-commercial use of the information.
PUBLIC UTILITY. Persons, corporations or governments supplying gas, electric, transportation, water, sewer or land line telephone services to the general public. For the purpose of this chapter, commercial wireless telecommunications service facilities shall not be considered PUBLIC UTILITY uses, and are defined separately.
QUASI-PUBLIC. Essentially public (as in services rendered) although under private ownership or control.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATION ESTABLISHMENT. A facility used by a business or not-for-profit organization for play, amusement or relaxation, not including the sale or consumption of alcohol.
RECYCLE. To process (as glass or cans) in order to regain material.
REGIONAL FLOOD, INTERMEDIATE REGIONAL FLOOD or BASE FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.
REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the flood plain.
RESTAURANT. An establishment where food is available to the general public for consumption on the premises.
RESTAURANT, CARRY-OUT. An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises.
RINGELMANN CHART. A chart described by the U.S. Bureau of Mines in its Information Circular No. 6888, upon which are illustrated graduated shades of gray for use in estimating the light obscuration capacity of smoke or its equivalent.
SALVAGE AND WRECKING YARD. An outdoor facility used by a business engaged in the reclamation of parts or materials from machinery or buildings.
SATELLITE ANTENNA. A device for the reception of signals from communication satellites.
SCHOOL; PRIMARY, SECONDARY, COLLEGE or UNIVERSITY. Any accredited school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with, the applicable statutes of the state.
SETBACK. The minimum horizontal distance between a wall of a building and a lot line.
SEXUALLY-ORIENTED BUSINESS. Shall include the following:
(1) A business that meets any of the following criteria, measured on a daily, weekly, monthly or yearly basis:
(a) Has more than 5% of its inventory, stock-in-trade or publicly displayed merchandise in sexually-oriented materials;
(b) Devotes more than 200 square feet of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to sexually-oriented materials; or
(c) Derives more than 10% of its gross revenues from sexually-oriented materials; or
(2) A business that engages for any length of time in a sexually-oriented use, as defined in this section, or any other use that has an emphasis on specified sexual activities or specified anatomical areas; and
(3) A sexually-oriented business shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:
(a) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator; and
(b) Magazines. Publications classified or qualifying as sexually oriented shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
SIGN. A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, institution, organization, idea or business. However, a SIGN shall not include any display of official court, public office notices or traffic signs, nor shall it include the flag, separate emblem or insignia of a nation, political unit or school or religious group, nor incombustible table or lettering built into the wall of a building or other structure. A SIGN inside a building is not included unless its face is visible only from the exterior of a building. Each display surface of a SIGN shall be considered to be a SIGN.
SIGN, BANNER. A temporary sign made of flexible material, displayed to advertise an event, promotion and the like. It is not intended as permanent business signage.
SIGN, BILLBOARD. A sign whose message includes goods or services which are not available on the premises where the sign is located.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where the sign is located or to which it is affixed.
SIGN, DYNAMIC. A sign or portion thereof that appears to have movement or that appears to change using any method other than a person physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays.
SIGN, FLASHING. Any illuminated sign including any sign illuminated by reflected or refracted light on which the artificial light is not maintained stationary and constant in intensity and color at all times when the sign is in use. For the purpose of this chapter, any revolving illuminated sign shall be considered a FLASHING SIGN.
SIGN, FREESTANDING. A sign which is not attached to a building.
SIGN, GROUND. A freestanding sign which is not over five feet in height and has its longest edge abutting the ground.
SIGN, PORTABLE/TEMPORARY. A sign designed to be moved from place to place and not intended for permanent business signage.
SIGN, PROJECTED. Any sign which is attached to or represented on the surface of a building wall whose leading edge extends greater than 15 inches.
SIGN REPLACEMENT. The removal and replacement of the frame of a sign. Does not include merely changing the message panel or repainting the face of the sign.
SIGN; SANDWICH BOARD. A freestanding temporary sign, with no moving parts or flashing lights, no larger than seven square feet total sign size (no taller than six feet from grade); displayed outside a business, during business hours, to advertise the business, hours of operation, an event, a promotion, and the like (excluding real estate signage). It is not intended as permanent business signage.
SIGN; SURFACE AREA. The total area that will contain the sign. For signs which are not rectangular in shape, the area shall be calculated upon the area of the smallest polygon which completely encloses the sign. For multi-faced signs, each display face shall be measured, except in the case of two-sided signs that are identical on both sides. Any material or color framing used to differentiate the sign from the background of the building or structure shall be included in measurement of SURFACE AREA. In no case shall the supports, uprights by which the sign is supported, be included in determining the SURFACE AREA of the sign unless those items are an integral part of the display. The Zoning Administrator may interpret the measurement of the sign area in a liberal, consistent interpretation. In no case shall temporary paper, water color, chalk and similar signs that are displayed in windows be counted as SIGN SURFACE AREA.
SIGN, WALL. Any sign which is attached flat against or represented on the surface of a building wall. A WALL SIGN may have a depth of up to 15 inches.
SMOKE. Small gas-borne particles other than water that form a visible plume in the air.
SOLAR STRUCTURE. A structure designed for use of passive or active solar energy as part of its heating system.
SPA. A structure which is not completely enclosed within a building, is designed for therapeutic use, is not drained, cleaned or refilled for each individual, and is equipped, but not by way of limitation, with hydrojet circulation, hot water, cold water mineral baths or air induction bubbles, or any combination. Industry terminology for a SPA includes, but is not limited to, THERAPEUTIC POOL, HYDROTHERAPY POOL, WHIRLPOOL, HOT SPA and HOT TUB.
SPOT ZONING. A colloquial term describing the geographic definition of a zoning district in such a manner that the resulting district is very small in relation to surrounding districts and is not compatible with surrounding districts.
STACKING SPACE. A portion of a driveway used for automobiles or trucks in a queue. The length of a STACKING SPACE is defined as 18 feet.
STORAGE UNITS. A building or group of buildings that may have individual compartmentalized stalls or units that are used exclusively for the storage of goods, materials or equipment on the premises.
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 ceiling above it. A basement designed or used for dwelling purposes for other than a janitor, maintenance person or watchperson, or for commercial purposes other than storage, shall be counted as one-half STORY. A cellar used for commercial purposes other than storage shall be counted as one-half STORY. No other basement or cellar shall be counted as a STORY. Any level or deck used exclusively for parking purposes shall be counted as one-half STORY.
STREET. A public thoroughfare which affords principal means of access to abutting property.
STREET WALL. The main wall nearest to and facing on a street, including sun parlors and bays, but not including bay windows.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground, including manufactured houses and trailers not meeting exemption criteria in the flood plain management district.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any substantial changes in the roof.
SUPERVISED LIVING FACILITY. A residential structure in which non-family occupants receive room and board and guidance in daily personal activities.
SWIMMING POOL or POOL. A permanent or portable structure which is not completely enclosed within a building, whether below ground level, above ground level or partially above and partially below ground level, intended for non-commercial use as a swimming pool, and which exceeds 24 inches in depth capacity and has a surface area exceeding 100 square feet.
TERRACE. A level plane or surfaced patio, directly adjacent to the principal building on the surface of the land or on the roof of a building.
TODDLER. All persons five years of age and younger.
TOWER HEIGHT. The height as determined by measuring the vertical distance from the point of contact with the ground to the highest point of the tower, including all antennas or other attachments.
TRUCK TERMINAL. A warehouse and distribution business specializing in the shipment of goods or materials and which generates significant numbers of semi-trailer trucks.
TOWNHOUSES. A group of attached single-family dwelling units on a common lot.
USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.
USE, PERMITTED. A use which is lawfully established in a particular zoning district or districts and which conforms with all requirements, regulations and performance standards of that district.
UTILITY BUILDING. A detached accessory building used by the residents of a residential structure for storing tools and other personal property but not for the storage of motor vehicles.
VARIANCE. A modification or variation on the provisions of this code as applied to a specific piece of property; except that, modification in the allowable uses within a zoning district shall not be permitted through the VARIANCE process.
WAREHOUSING. The storage of materials, goods or equipment within an enclosed building as a principal use.
WHOLESALING. The selling of goods, equipment or materials to another business that in turn sells to other customers.
YARD. An open space between a building and any lot line which is open to the sky unobstructed by any permanent or temporary uses or structures.
YARD, FRONT. A yard extending across the entire front of the lot and measured between the front line of the lot and the front line of the building, or any projection thereof other than steps, balconies, paved terraces, open decks or bay windows.
YARD, OPEN. A yard in addition to front, side and rear setbacks, in which no structure, driveway or parking space shall be located.
YARD, REAR. A yard extending across the entire rear of a lot and measured between the rear lot line and the rear of the building, or any projection thereof other than steps, balconies, paved terraces, porches or bay windows. On corner lots, the REAR shall be considered as parallel to the street upon which the lot has its least dimension. On double frontage lots with equal lot edges, the REAR YARD shall be the lot edge at the rear of the house which is opposite the lot front.
YARD, SIDE. A yard between the building and the side line of the lot extending from the front yard to the rear yard and measured between the side line of the lot and the side of the building, or any projection thereof other than steps, balconies, paved terraces, open decks or bay windows.
ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing land use are uniform.
ZONING ENFORCEMENT OFFICER. The official designated by the City Council to administer and enforce this chapter.
(2004 Code, § 154.004) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 96-186, passed 12-10-1996; Ord. 98-224, passed 5-12-1998; Ord. 98-245, passed 1-12-1999; Ord. 00-286, passed 12-12-2000; Ord. 01-297, passed 9-11-2001; Ord. 03-334, passed 4-8-2003; Ord. 05-0424, passed 2-28-2006; Ord. 07-0451, passed 1-9-2007; Ord. 07-0459, passed 3-13-2007; Ord. 10-0661, passed 10-12-2010; Ord. 11-0666, passed 4-26-2011; Ord. 11-0668, passed 5-10-2011; Ord. 11-0671, passed 7-12-2011; Ord. 12-0690, passed 7-10-2012; Ord. 13-706, passed 4-23-2013; Ord. 13-0710, passed 7-9-2013; Ord. 16-751, passed 2-9-2016; Ord. 18-790, passed 10-9-2018)