Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Zoning Code. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "used" includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word "shall" is mandatory and not directory.
(1) Accessory Use or Structure. "Accessory use or structure" means a use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use.
(Ord. 1420. Passed 2-28-66.)
(1A) Adult Materials. "Adult materials" includes any of the following:
A. Books, magazines, periodicals or other printed matter, or digitally stored materials that are characterized or distinguished by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
B. Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified activities.
C. Instruments, novelties, devices or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas. (Ord. 00-012. Passed 8-28-00.)
(2) Agriculture. "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce. However, the operation of such accessory uses shall be secondary to that of normal agriculture activities, and the above uses do not include the commercial feeding of garbage or offal to swine or other animals.
(3) Alley or Lane. "Alley" or "lane" means a public or private way not more than twenty feet wide affording only secondary means of access to abutting property.
(4) Alterations. "Alterations," as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
(5) Apartment. "Apartment" means a suite of rooms or a room in a multifamily building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(6) Apartment Hotel. "Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
(7) Apartment House. See Dwelling, Multifamily.
(8) Basement. "Basement" means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a "cellar" which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.
(9) Beginning of Construction. "Beginning of construction" means the incorporation of labor and materials within the walls of the building or buildings.
(10) Board. "Board" means the Board of Zoning Appeals of the City.
(11) Boarding or Lodging House. "Boarding or lodging house" means a dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons not transients.
(12) Building. "Building" means 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 hereinafter provided.
(13) Building, Height of. "Height of building" means the vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for gable, hip or gambrel roofs.
(14) Cellar. "Cellar" means a story, the floor of which is more than one-half of its story height below the average level of the adjoining ground at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
(15) Clinic. "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons who are not provided with board or room nor kept overnight on the premises.
(16) Club. "Club" means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(17) Commission, Planning. "Planning Commission" means the Planning Commission of the City.
(18) Conditional Use. "Conditional use" means a use that is permitted, but only, in each specific instance, after a determination by the Board of Zoning Appeals that the applicable regulations and standards of this Zoning Code will be adhered to, and after the designation by the Board of the additional safeguards or conditions that, in the specific circumstances, shall be adhered to in order to prevent harm or injury to the public health, safety, convenience, comfort, prosperity and general welfare.
(19) Council. "Council" means the City Council.
(20) Court. "Court" means an unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
(21) District. "District" means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
(22) District, More Restricted or Less Restricted. "More restricted or less restricted district" means that each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall be deemed to be less restricted than any of the districts preceding it: R-1, R-2, B-1, B-2, B-3, M-1, M-2.
(23) Dump. "Dump" means a lot or land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
(24) Dwelling. "Dwelling" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, trailer coach or boarding or lodging house.
(25) Dwelling, One-Family. "One-family dwelling" means a building designed for or used exclusively for residence purposes by one family.
(26) Dwelling, Two-Family. "Two-family dwelling" means a building designed for or used exclusively for residence purposes by two families living independently of each other.
(27) Dwelling, Multifamily. "Multifamily dwelling" means a building or portion thereof designed for or used exclusively for residence purposes by three or more families living independently of each other.
(28) Dwelling Unit. "Dwelling unit" means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
(29) Essential Services. "Essential services" means the erection, construction, alteration or maintenance, by public utilities 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, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(30) Family. "Family" means a person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, or fraternity or sorority house.
(31) Garage, Private. "Private garage" means a garage used for storage purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which such garage is accessory, whichever is greater.
(32) Garage, Public. "Public garage" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
(33) Home Occupation. "Home occupation" means an accessory use of a service character customarily conducted within a dwelling by only the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate and in connection therewith, and where there is not involved the keeping of a stock in trade. The office of a single physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be a home occupation. The occupations of dressmaker, milliner or seamstress, each with not more than one paid assistant, shall be deemed to be home occupations. Dancing instruction, band instrument instruction in groups, tea rooms, tourist homes, beauty parlors, barber shops, real estate offices, convalescent homes, mortuary establishments and stores, trades or business of any kind not herein excepted shall not be deemed to be home occupations.
(34) Hospital. "Hospital," unless otherwise specified, means and includes a sanitarium, sanatorium, preventorium, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, except a "clinic," and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
(35) Hotel. "Hotel" means any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing twelve or more guest rooms or suites where no provision for cooking is made in any individual room or suite, except hospitals and jails.
(36) Junk Yard. "Junk yard" means a lot where waste or discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including lots where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations.
(37) Kennel. "Kennel" means any structure or lot on which four or more dogs and/or cats over four months of age are kept.
(38) Land Use Plan. "Land use plan" means the long range plan for the desirable use of land in the City as officially adopted, and as amended from time to time, by the Planning Commission.
(39) Loading Space. "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(40) Lot. "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or 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 this Zoning Code, and having frontage on a public street.
(41) Lot, Corner. "Corner lot" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner."
(42) Lot, Interior. "Interior lot" means a lot other than a corner lot.
(43) Lot Depth. "Lot depth" means the mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.
(44) Lot Lines. "Lot lines" means the property lines bounding the lot.
(45) Lot Line, Front. "Front lot line" means the line separating the lot from a street. On a corner lot, the front lot line shall be the street lot line having the least dimension.
(46) Lot Line, Rear. "Rear lot line" means the lot line opposite and most distant from the front lot line.
(47) Lot Line, Side. "Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(48) Lot Line, Street or Alley. "Street or alley lot line" means a lot line separating a lot from a street or alley.
(49) Lot of Record. "Lot of record" means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder.
(50) Lot Width. "Lot width" means the mean horizontal width of the lot measured at right angles to its depth.
(51) Lot Area. "Lot area" means the computed area contained within the lot lines.
(52) Lot, Through. "Through lot" means a lot having frontage on two parallel or approximately parallel streets.
(53) Motel or Motor Hotel. "Motel" or "motor hotel" means a series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, such units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
(54) Motor Vehicle Repair, Major. "Major motor vehicle repair" means general repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
(55) Motor Vehicle Repair, Minor. "Minor motor vehicle repair" means incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under "Motor Vehicle Repair, Major," or any other definition similar thereto.
(56) Motor Vehicle or Trailer Sales Area. "Motor vehicle or trailer sales area" means 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.
(57) Motor Vehicle Service Station or Filling Station. "Motor vehicle service station or filling station" means a place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies, for operating and equipping motor vehicles, are sold at retail to the public and deliveries are made directly into or onto motor vehicles, including incidental battery, brake, muffler and tire service, washing and polishing.
(58) Nonconforming Use. "Nonconforming use" means a use of a building or land legally existing at the time of adoption of this Zoning Code (Ordinance 1420, passed February 28,1966), or any amendment thereto, and which does not conform with the use regulations of the district in which it is located.
(Ord. 1420. Passed 2-28-66.)
(58A) Nude or Nudity. "Nude" or "nudity" means exposing to view the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast below a point immediately above the top of the areola with less than a fully opaque covering of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state. "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it. (Ord. 00-012. Passed 8-28-00.)
(59) Parking Area, Private. "Private parking area" means an open area for the same uses as a private garage.
(60) Parking Area, Public. "Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public, whether for a fee, free or as an accommodation for clients or customers.
(61) Parking Space. "Parking space" means a permanently surfaced area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle.
(62) Planned Development Project. "Planned development project" means a residential or commercial development on a lot in single ownership and consisting of two or more buildings having any yard, court or parking or loading space in common.
(63) Public Utility. "Public utility" means any person, firm, corporation or Municipal department or board, duly authorized to furnish and furnishing, under State or Municipal regulation, to the public, electricity, gas, steam, communications, telegraph, transportation or water.
(Ord. 1420. Passed 2-28-66.)
(63A) Semi-Nude or Semi-Nudity. "Semi-nude" or "semi-nudity" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other covering, provided that the areola is not exposed in whole or in part.
(63B) Sexually Oriented Business. "Sexually oriented business" means any of the following commercial establishments:
A. "Adult cabaret" includes any commercial establishment that features persons who appear in state of semi-nudity and which is intended to arouse or gratify the sexual desires of the operator, entertainer, employee or customer, including exotic dancers, strippers, male or female impersonators or semi-nude waiters, waitresses or bartenders, or similar entertainers.
B. "Adult store" includes any commercial establishment that predominately offers adult materials for sale, rental or viewing.
C. "Adult theaters" includes any commercial establishment that features or provides films, motion pictures, video or audio cassettes, slides or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(63C) Specified Anatomical Areas. "Specified anatomical areas" includes any of the following:
A. Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
(63D) Specified Sexual Activities. "Specified sexual activities" includes any of the following:
A. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
B. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy.
C. Masturbation, actual or simulated.
D. Human genitals in a state of sexual stimulation or arousal.
E. Excretory functions as part of or in connection with any of the activities set forth in paragraphs A. to D. hereof.
(Ord. 00-012. Passed 8-28-00.)
(64) Standard, Performance. "Performance standard" means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
(65) Sign. "Sign" means any structure or part thereof attached thereto or painted or represented thereon, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Further, this definition does not include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty.
(66) Sign, Area of. "Area of sign" means the total exterior surface, computed in square feet, of a sign having but one exposed exterior surface; or one-half the total of the exposed exterior surface, computed in square feet, of a sign having more than one such surface.
(67) Sign, Advertising. "Advertising sign" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises or only incidentally on the premises.
(68) Sign, Business. "Business sign" means a sign which directs attention to an activity, business or profession conducted on the premises. A real estate sign advertising the sale, rental or lease of the premises on which it is maintained, institutional bulletin boards, and a professional or announcement sign accessory to a home occupation or a dwelling, shall not be deemed business sign.
(69) Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
(70) Story, First. "First story" means the lowest story or the ground story of any building the floor of which is not more than twelve inches below the average level of the adjoining ground at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his or her family, shall be deemed the first story.
(71) Story, Half. "Half story" means a story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story; however, any partial story used for residence purposes, other than for a janitor or caretaker and his or her family, shall be deemed a full story.
(72) Story, Mezzanine. "Mezzanine story" means a story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath it.
(73) Street. "Street" means a public right of way fifty feet or more in width which provides a public means of access to abutting property, or any such right of way more than twenty feet and less than fifty feet in width, provided it existed prior to the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966). The term "street" includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare and any other similar term.
(74) Structure. "Structure" means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
(75) Thoroughfare Plan. "Thoroughfare Plan" means the official Thoroughfare Plan establishing the general location, character and extent of streets and thoroughfares in the City as officially adopted, and as amended from time to time, by the Planning Commission.
(76) Tourist Home. "Tourist home" means a building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
(77) Trailer. "Trailer" means any vehicle or structure constructed in such manner as to permit occupancy thereof for use as sleeping and eating quarters, or for the conduct of any business, trade or occupation or for use as a selling or advertising device, or for storage or conveyance of tools, equipment or machinery, and so designed that it is or may be propelled by motor power other than its own. The term "trailer" includes automobile trailer, trailer coach and mobile home.
(78) Trailer Park. "Trailer park" means any lot or part thereof which is used or offered as a location for two or more trailers used for any purposes set forth in subsection (77) hereof.
(79) Use. "Use" means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied and maintained.
(80) Use First Permitted in "X" District. "Use first permitted in "X" District" means a use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the "X" District (i.e. any district).
(81) Variance. "Variance" means a modification of the requirements of this Zoning Code granted by the Board of Zoning Appeals in a specific situation, in order to alleviate practical difficulty or undue hardship owing to exceptional narrowness, shallowness or the shape of a lot, to difficult topography or other peculiar physical conditions of a lot, or to the nature of existing uses or structures immediately adjoining a lot. Such modification shall not include authorizing a use not among the permitted uses specified in this Zoning Code for the district in which the lot is located.
(82) Yard. "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise permitted in this Zoning Code.
(83) Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
(84) Yard, Front; Least Depth, How Measured. Front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line), provided, however, that if a proposed location of the right-of-way line of such street has been officially established, then the required front yard least depth shall be measured from such proposed right-of-way line.
(85) Yard, Rear. "Rear yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.
(86) Yard, Side. "Side yard" means a yard extending between the front yard and the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
(87) Yard, Side; Least Width, How Measured. Side yard width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street, provided, however, that if a proposed location of the right-of-way line of such street has been officially established, then the required side yard least width shall be measured from such proposed right-of-way line.
(88) Zoning Inspector. "Zoning Inspector" means the Safety-Service Director of the City or his or her authorized representative.
(89) Zoning Map. "Zoning Map" means the Zoning Map or Maps of the City, dated February 28, 1966, together with all amendments subsequently adopted.
(90) Zoning Certificate. "Zoning certificate" means a document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions.
(91) Zoning Code. "Zoning Code" means Ordinance 1420, passed February 28, 1966, as amended, codified herein as Titles Four through Fourteen of Part Twelve - the Planning and Zoning Code.
(Ord. 1420. Passed 2-28-66.)