For the purpose of this Title, certain terms or words used herein shall be interpreted as follows:
The word "person" includes a firm, association, governmental agency, organization, partnership, trust, company or corporation, as well as an individual.
The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
The word "shall" is mandatory, the word "may" is permissive.
The word "used or occupied" include words "intended", "designed" or "arranged to be used or occupied".
The word "lot" includes the words "plot or parcel".
ACCESSORY BUILDING: Any building, the use of which is incidental to the principal use of another structure on the same premises.
ACCESSORY STRUCTURE: Any structure, the use of which is incidental to the principal use of another structure on the same premises.
ACCESSORY USE: A use incidental and subordinate to the principal use of the premises.
ADULT ENTERTAINMENT BUSINESS: A business which as a part of or in the process of delivering goods and services displays to its patrons specified sexual activities or specified anatomical areas in printed form or through any form of photographic medium or by use of male or female models.
A. Specified Sexual Activities: Any contact, actual or simulated, either natural or deviate, between two (2) or more persons, or between a person and an animal by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another person or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus.
B. Specified Anatomical Areas: Includes the following: human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
C. Substantial: Means more than twenty five percent (25%) of the book, magazine, film or video tape inventory is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
D. Adult Art Or Adult Modeling Studio: An establishment or business which provides the services of modeling for the purpose of viewing and/or reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise; provided, entrance to such establishment and such services are available only to adults.
E. Adult Artist; Body Painting Studio: An establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude; provided, entrance to such establishment and such services are available only to adults.
F. Adult Bath House: An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy; provided, entrance to such establishment and such service are available only to adults; and not including such services provided by a medical practitioner or professional physical therapist licensed by the State.
G. Adult Book Store: An establishment or business having a substantial part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein and limited in sale of such sexual materials to adults.
H. Adult Cabaret: A cabaret which features go-go dancers, exotic dancers, strippers, or similar entertainers.
I. Adult Motel: A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".
J. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas".
K. Adult Motion Picture Theater: An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
L. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting motion pictures, slides or photographic reproduction distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein for observation by patrons therein.
M. Massage: Any method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand, other parts of the body, or any instrument, for any consideration or gratuity.
N. Massage Establishment: Any establishment having a fixed place of business where massages are administrated for any form of consideration or gratuity including, but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include an establishment employing: 1) persons licensed by the State under the provisions of chapters 148, 148A, 148B, 150, 151, 152, 157 or 158 of the Iowa Code, when performing massage services as a part of the profession or trade for which licensed; 2) persons performing massage therapy or massage services under the direction of a person licensed as described in 1) above; 3) persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician; 4) nurses, aides, technicians and attendants at any hospital or health care facility licensed pursuant to chapters 135B, 135C or 145A of the Iowa Code, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in 1) above; 5) an athletic coach or trainer: a) in any accredited public or private secondary school, junior college, college or university; or b) employed by a professional or semi- professional athletic team or organization, in the course of his or her employment as such coach or trainer. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities, and facilities for the welfare of the residents of the area.
O. Model Studio: Any establishment where any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, or subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.
P. Model: Any person who for consideration or gratuity appears either nude or seminude to be either viewed, photographed, sketched, drawn, sculptured; to dance; to provide reading or counseling sessions; for body painting; to deliver a service or in connection with the sale of merchandise; or to present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Q. Nude Encounter Parlor: An establishment having a fixed place of business where any person therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of viewing any person or persons or the actual encounter of any person or persons depicting, describing or relating to "specified sexual activities" as defined herein.
R. Nude Photographic Parlor: An establishment having a fixed place of business, where any person, association, firm or corporation therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of photographing any person or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.
AGRICULTURE: The use of land for agricultural purposes, including farming, aqua-culture, dairying, pasturage, agriculture, horticulture, floriculture, silviculture and animal and poultry husbandry. Included are the necessary accessory uses for packing, treating or storing the product; providing, that the operation of such accessory use shall be secondary to that of normal farming activities; but not including the feeding of garbage or offal to swine or other animals, commercial livestock feed lots or confinement stations, poultry farms or commercial grain storage and drying facilities.
AIRPORT: An area of land or water that is used or intended to be used for landing and takeoff of aircraft, and includes its buildings and facilities, if any.
ALLEY: A public way, other than a street, twenty feet (20') or less in width, affording secondary means of access to abutting property.
AUTOMOBILE: As used herein, the term includes passenger cars, motorcycles, mopeds, vans, pickup trucks, trucks, buses, recreational vehicles, trailers, farm equipment including motorized and nonmotorized but not limited to tractors, combines, planters and discs.
AUTOMOBILE SALES AND STORAGE LOT: An open off street area where two (2) or more operable vehicles are stored, offered or displayed for sale or advertising purposes.
BASEMENT: That portion of a building having part but not more than one-half (1/2) its height below grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five feet (5').
BED AND BREAKFAST INN: Any portion of building containing not more than two (2) guestrooms in R-1 and R-2 zoning districts. In the A-1 zoning district there may be as many as four (4) guestrooms.
BILLBOARD: See chapter 17 of this chapter for sign regulations.
BOARD: The Board of Adjustment of the City of Knoxville, Iowa.
BOARDING HOUSE: A dwelling occupied by one family with three (3) or more boarders, roomers or lodgers in the same building who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants. A rooming house shall be deemed a boarding house.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards.
BUILDING HEIGHT: The vertical distance from the average natural grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip and gambrel roofs. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line from the higher of the two (2) grades.
BUILDING LINES: A line defining the minimum front, side and rear yard requirements outside of which no building or structure may be located, except as otherwise provided herein.
CAMPGROUND: Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents.
CARETAKER: A person or family employed to look after goods or property of a business or large residence. A caretaker does not pay rent, utilities, etc. for their shelter.
CELLAR: A portion of a building located partially or wholly underground and having less than three and one-half feet (31/2') of its floor-to-ceiling height above grade. A cellar is not counted as a story for the purpose of height and yard regulations.
CERTIFICATE OF OCCUPANCY: Official certification that a premises conforms to provisions of this title and such other ordinances as may be applicable and may be used or occupied. Such a certificate is granted upon completion of new construction or for alteration or additions to existing structures.
CHILDCARE CENTER: Facility providing care for five (5) or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty four (24) hour day. Exceptions would include parties, and occasional supervision of children not for pay.
CLUB: A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public.
COMMISSION: The Planning and Zoning Commission of the City of Knoxville.
COMMON LAND: A parcel or parcels of land, together with the improvements thereon, whether retained in private ownership for the shared use and enjoyment of the owners and occupants of the individual building units in a planned unit development or dedicated to the general public.
COMMUNITY CENTER: A facility maintained by a public agency or by a not for profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood.
CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than three thousand (3,000) square feet and which may include the retail sale of gasoline for motor vehicles, but limited to not more than three (3) dispensing pumps.
CUL-DE-SAC: A local street having one end open to vehicular traffic and the other end terminated by a vehicular turnaround.
DEVELOPMENT: The act of changing and the state of a tract of land after its function has been purposefully changed by persons including, but not limited to, structures on the land and alterations to the land.
DISTRICT: A section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.
DORMITORY LIVING FACILITY: A building containing sleeping rooms without separate cooking facilities for a number of persons customarily unrelated but associated with an educational, religious, charitable institution.
DWELLING: Any building or portion thereof, used exclusively for human habitation, except hotels, motels, tents, trailers, recreational vehicle, or mobile homes. Dwellings may be described as one of the following:
APARTMENT DWELLING: A building designed for or occupied by three (3) or more families separated into units with common walls and/or floors and attached to one another vertically and/or horizontally.
ATTACHED DWELLING: A building designed for or occupied by three (3) or more families separated by party walls.
DETACHED DWELLING: A building designed for or occupied exclusively by one family.
DUPLEX DWELLING: A building designed for or occupied by two families separated into units located side by side with party walls or stacked one on top of the other.
DWELLING UNIT: A room or group of rooms located within a dwelling building forming a habitable unit for one family. Dwelling units may be described as one of the following:
APARTMENT DWELLING UNIT: A unit contained within an apartment dwelling.
ATTACHED DWELLING UNIT: A unit contained within an attached dwelling.
END UNIT: An attached dwelling unit that has one common party wall.
INTERIOR UNIT: An attached dwelling unit that has two (2) common party walls.
DETACHED DWELLING UNIT: The unit contained by a detached dwelling.
DUPLEX DWELLING UNIT: A unit contained within a duplex dwelling.
FAMILY: An individual or two (2) or more persons related by blood or marriage or a group of not more than four (4) persons who need not be related by blood or marriage living together and subsisting in common as a single nonprofit housekeeping unit utilizing only one kitchen.
FAMILY HOME: Family home is a community-based residential home or a child foster care facility to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for four (4) to not more than eight (8) developmentally disabled persons and any necessary support personnel as permitted by and as limited by section 412.22, Code of Iowa.
FARM: An area comprising ten (10) acres or more which is used for agriculture, and contains no more than one dwelling unit per ten (10) acres.
FENCES, WALLS AND HEDGES: Decorative and/or enclosing device used along boundary lines of lots. Fences, walls may be constructed up to the lot line in accordance with the height rules set out in this Title.
FLOOR AREA, GROSS: The sum of the gross horizontal area of all floors of a building including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first floor area, rooftop mechanical equipment enclosures, and the enclosed mall areas of shopping centers.
FOSTER HOME FOR HANDICAPPED CHILDREN: An institution providing sleeping and living accommodations for the full-time care, training, recreation, and convalescent needs of not more than eight (8) physically or mentally handicapped persons under the age of nineteen (19).
FRONTAGE: That edge of a lot bordering a street.
GAS STATION: A structure and/or premises designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities or accessories for motor vehicles and including the customary space and facilities for the installation of such commodities or accessories on or in such vehicles, but not including space or facilities for the storage, painting, repair, refinishing, body work or other major servicing of motor vehicles. Inoperable or damaged vehicles may be stored on site for up to seventy two (72) hours.
GOLF COURSE: An area or course for playing golf, consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated.
GOLF, MINIATURE: A commercial recreation facility, resembling golf, containing short "holes", the majority of which are under three hundred feet (300') in length, and primarily utilizing putting irons.
GRADE: The average elevation of the finished ground at the exterior walls of the main building.
GREENHOUSE: A building or accessory structure constructed chiefly of glass or other translucent material, which is devoted to the protection of cultivation of flowers or other tender plants.
HOME OCCUPATION: An accessory use of a dwelling unit for gainful employment involving the making of a product or provision of service for sale.
HOSPICE: Residential and care facility for the terminally ill on the premises of a hospital or nursing home and operated in conjunction therewith.
HOSPITAL: An institution providing medical and surgical care for humans only, for both in and out patients, including medical service, training, and research facilities.
HOTEL: A building in which lodging is provided to the public usually on a transient basis.
HOTEL, MOTOR (MOTEL): A roadside hotel for motorists.
INTERMITTENT LIGHTING: A method of lighting such as for signs, where artificial or reflected light is not maintained stationary or constant in intensity or color.
JUNK YARD: Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building, and not including automobile, tractor or machinery wrecking and used parts yards, and the processing of used, discarded or salvaged material as part of manufacturing operations. Further, storage or processing of environmentally hazardous wastes is not allowed.
KENNEL: The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of five (5) or more dogs of six (6) months of age, or keeping seven (7) or more cats over six (6) months of age, or the keeping of more than seven (7) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals six (6) months of age or younger which are the natural increase of animals kept by persons not operating a "kennel" as herein defined; nor shall selling be determined to include isolated sales of animals over six (6) months old by persons not operating a "kennel" as herein defined.
LIVING SPACE: That part of the building which is enclosed and supported upon the main foundation system of the structure excluding garages, basements and cellars unless converted to finished living space.
LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a dedicated public street, or as otherwise allowed in this title. A lot may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;
D. A parcel of land described by metes and bounds; provided, that in no case of division of combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT LINE: The lines defining the bounds of a lot.
LOT MEASUREMENT: A. Depth: The mean horizontal distance between the front and rear lot lines as measured perpendicular to the midpoint of the mean front lot line. In the case of an interior triangular or gore shaped lot, the depth shall be the horizontal distance between the midpoints at the front lot line and rear lot lines.
B. Width: The horizontal distance between the side lot lines as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front yard setback.
C. Area: The gross area, exclusive of streets or other public rights-of-way, within the boundary lines of a lot. The definition of other public rights-of-way does not include utility easements or easements for trails and sidewalks.
LOT OF RECORD: A lot which is part of a subdivision, the deed of which is recorded in the Office of the County Recorder of Marion County, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES:
Corner Lot: A lot located at the intersection of two (2) or more streets.
Interior Lot: A lot other than a corner lot with only one frontage on a street other than an alley.
Reversed Frontage Lot: A corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.
Through Lot: A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two (2) streets may be referred to as "double frontage" lots.
MANUFACTURED HOME: A factory built single-family structure, which is manufactured or constructed under the authority of 42 USC section 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling. For the purpose of these regulations, manufactured home shall be considered the same as any site built single- family detached dwelling in accordance with State Statutes.
MOBILE HOME: Any vehicle which at any time was used, maintained or so originally constructed as to permit being used as a conveyance upon highways or public streets, or waterways, and duly licensed as such; so designed and so constructed as to permit occupancy thereof as a dwelling unit or sleeping place for one or more persons whether attached or unattached to a permanent foundation, but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is factory-built housing on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other apprentices of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as "manufactured homes". Nothing in this Title shall be construed as permitting a mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home.
MOBILE HOME PARK OR TRAILER PARK: Any lot or portion of a lot upon which one or more mobile homes or trailers occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations.
MODULAR UNIT: A prefabricated building which arrives at its building site virtually complete, requiring only site preparation and assembly of major components, including installation on a permanent location.
NONCONFORMING LAND USE OR STRUCTURE: A land use or structure which existed lawfully on the date that the Zoning Ordinance or any amendment thereto became effective and which fails to conform to one or more of the applicable regulations in the Zoning Ordinance or amendment thereto, except minimum lot area, yard and setback requirements.
NURSERY, DAY: A building used for the supervision and care of five (5) or more pre-school children, other than those of the operator, during the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M.
NURSERY, SCHOOL: A pre-kindergarten school for children, primarily between the ages of three (3) and five (5).
NURSING HOME: A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care and does not include other residential care facilities or residences as specified herein.
OFFICE: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
OPEN STORAGE: Storage of material or goods on the ground outside of a building.
PARK: An area open to the general public and reserved for recreational, educational or scenic purposes.
PARKING AREA: An area of land used or intended for off-street parking facilities for motor vehicles.
PARKING SPACE: A permanently surfaced area which includes the parking stall plus necessary maneuvering space for parking of a motor vehicle. Space for maneuvering incidental to parking or unparking shall not encroach upon any public right of way.
PARTY WALL: A dividing wall that is shared between two properties owned by separate parties.
PARTY WALL AGREEMENT: An agreement signed by two (2) or more property owners who share a common wall, recorded as a covenant running with the land, that places restrictions on all present and future owners of said property. Its purpose is to outline how owners will handle any repairs, maintenance, or changes to the wall since it could affect both parties. Party wall agreements may also address other related issues such as shared roof or exterior façade.
PLANT NURSERY: A farm, garden, or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation.
PLAT: A subdivision of land legally approved and recorded.
PRINCIPAL BUILDING: The main use of land, contained within buildings or structures, as distinguished from accessory uses, accessory buildings, or accessory structures.
PRINCIPAL PERMITTED USES: The main use of land or structures as distinguished from accessory uses.
PROPERTY LINE: The legally recorded boundary of a lot, tract or other parcel of land.
PUBLIC UTILITY FACILITY, LOCAL: A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.
RESIDENCE: Any building which is designed or used exclusively for residential purposes, except hotels and motels.
RETREAT: A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars, and similar activities by particular educational, religious, fraternal or other groups. One (1) permanent on site living quarter may be included for a caretaker.
ROADWAY: The entire area within public or private vehicular easement or right-of-way lines, whether improved or unimproved.
ROADWAY RIGHT-OF-WAY LINE: The boundary which divides a lot from a public or private roadway.
SALVAGE YARD: An area for the dismantling, storage, and sale of inoperative, obsolete or wrecked motor vehicles, trailers, farm equipment and their parts.
SELF-CARE UNIT: A nursing facility located on the same premises as a full care nursing home and providing semi- independent apartment style living accommodations for residents including separate cooking facilities for each living unit or cluster of living units.
SETBACK (BUILDING LINE): The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this title.
SIGHT DISTANCE TRIANGLE: The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines twenty five feet (25') from the intersection of the property lines.
SIGN: See chapter 17 of this title for sign regulations.
SPECIAL EVENTS: All major events as proclaimed by the Mayor and includes, but is not limited to, the Knoxville National Sprint Car Races.
SPECIAL EVENTS DISTRICT: Designated as Highway 14 extending from the intersection with Jackson Street south to its intersection with Pleasant Street and all private property within two hundred feet (200') of said streets and roadways.
SPECIALIZED PRIVATE SCHOOL: An institution for students at the elementary, junior or senior high level who have physical or mental characteristics which require specialized or individual instruction.
SPOT ZONING: Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.
STABLE, PRIVATE: A detached building accessory to a residential use for the keeping of horses, owned by the occupants of the premises and which shall not be used for any commercial purpose including the boarding, hire, sale, or training of horses.
STORY: That portion of a building included between the surface of the 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 or roof next above it.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet (4') above the top floor level. A half-story containing independent apartments or living quarters shall be counted as a full story.
STREET: A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS: Any replacement or changes in the type of construction or in the supporting members of a building, such as load bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance.
STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards, and poster panels.
TEMPORARY COMMERCIAL ACTIVITIES: The promotion or sale of merchandise on a temporary basis, whether by a permanently licensed business or a "peddler", "solicitor", or "transient merchant" as terms are defined in section 3-3-1 of this Code.
VEHICLE: See definition of automobile. Terms are interchangeable.
WAREHOUSE: A structure for use as a storage place for goods, materials or merchandise.
YARD: An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure or parking lot from the ground upward, excepting as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, or width of a side yard, the least distance between the lot line and the main building shall be used, except that in no case shall any eaves or overhang (or any other projection) extend into the said front, side or rear yard by more than twenty four inches (24"). If eaves or overhangs exceed twenty four inches (24"), then the building shall be set back into the permissible building area as necessary to eliminate any eaves or overhangs from extending more than twenty four inches (24"). Fences and walls are permitted in any yard, subject to height limitations as indicated herein.
Yard, Front: A yard extending across the full width of the lot and measured between the front lot line and the front of the building other than the projection of the usual steps or unenclosed porches with customary rails. See definition of "yard" for eaves or overhang limitations.
Yard, Rear: A yard extending across the full width of the lot and measured between the rear lot line and the building other than steps, unenclosed balconies or unenclosed porches with customary rails. On both corner lots and interior lots, the rear yard is the opposite end of the lot from the front yard. See definition of "yard" for eaves or overhang limitations.
Yard, Side: A yard extending from the front yard to the rear yard and measured between the side lot lines and the building. See definition of "yard" for eaves or overhang limitations.
ZONING ADMINISTRATOR: The Administration Officer designated or appointed by the City to administer and enforce the regulations contained in this title.
ZONING CERTIFICATE: Written statement issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the terms of this title and for the purpose of carrying out and enforcing its provisions.
ZONING MAP AMENDMENT: A revision to the City of Knoxville Zoning Map which modifies the zoning district applicable to a specific lot(s), parcel(s) or tract(s). (1983 Code § 11-1-3; amd. Ord. 97-9, 5-19-1997; Ord. 09-16, 9-8-2009; Ord. 12-12, 11-5-2012; Ord. 15-12, 8-17-2015; Ord. 17-01, 3-20-2017; Ord. 17-07, 12-18-2017; Ord. 18-13, 9-4-2018; Ord. 19-08, 7-1-2019; Ord. 23-02, 3-6-2023; Ord. 23-08, 6-19-2023)