For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use.
ALLEY. A public right-of-way with a width not exceeding 24 feet, nor less than 16 feet, which affords a secondary means of access to abutting property.
ANIMAL BOARDING FACILITY. A commercial establishment in which domesticated animals are housed for a fee or compensation. Domesticated animals include dogs, cats or rodents such as rabbits, guinea pigs, hamsters, gerbils or other animals that are typically confined to a cage or other enclosure.
AUTO REDUCTION YARD. An open lot or yard where two or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale of scrap, storage or abandonment.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, overall painting or paint job and vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR. Minor repairs, including body and fender work, minor painting and upholstering service, replacement of parts and engine service to passenger vehicles and trucks not exceeding a one-ton chassis design.
BASEMENT. A portion of a building located partly underground, but having less than one-half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BOARDING (HOUSE) HOME or FOSTER CHILDREN. A family dwelling where children out of their own homes are cared for.
BOARDING HOUSE (ROOMING HOUSE). A dwelling or part thereof occupied by a single housekeeping unit where meals and/or lodging are provided for three or more persons, but not to exceed eight persons, for compensation by previous arrangement, but not transients.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. Building height is to be measured from the average ground level at the building line, to the highest roof surface.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited, rented or sold or which occupies time, attention, labor and/or materials or where services or goods are offered for compensation.
CARGO CONTAINER. An article of transport equipment which falls into any of the following categories:
(1) Originally, specifically or formerly designed for or used in the parking, shipping, movement, transportation or storage of freight, articles, goods or commodities;
(2) Designed for or capable of being:
(a) Mounted or moved on a rail car;
(b) Mounted on a chassis or bogie for movement by a truck trailer; or
(c) Loaded on to a ship.
(3) A prefabricated metal structure designed for use as an individual shipping container or a metal structure designed and built for use as an enclosed truck trailer.
CARPORT. An accessory building open on one or more sides, utilized only for the covered parking or storage of operable motor vehicles, all-terrain vehicles, snowmobiles and trailers.
CELLAR. The portion of the building having more than one-half of the clear floor-to-ceiling heights below the average grade of the adjacent ground.
CLUB or LODGE. A non-profit association of persons who are bona fide members paying annual dues.
COCKTAIL ROOM. A microdistillery licensed by the state’s Department of Public Safety; and is licensed by the city for on-sale and/or off-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. A COCKTAIL ROOM may include a restaurant at the microdistillery.
COLUMBARIUM. A place for the usually public storage of urns holding a deceased’s cremated remains. COLUMBARIA can be either free-standing units, or part of a mausoleum or another building.
CONDITIONAL USE. A use which, because of special problems of control the use presents, requires reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the municipal land use plan.
CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding functions and the special problems which the proposed use presents.
CONDOMINIUM. A multiple dwelling containing individually-owned dwelling units and jointly owned and shared areas and facilities, subject to the state’s Condominium Law, M.S. Ch. 515, as it may be amended from time to time, and the Uniform Condominium Act, M.S. Ch. 515A, as it may be amended from time to time.
CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
COURT. An unoccupied open space other than a yard which is bounded on two or more sides by the walls of the buildings.
DAY CARE, ADULT. A non-residential facility or program that provides care or activities for elderly and/or handicapped individuals.
DAY CARE, GROUP FAMILY. The use of residence for the care of 14 or fewer preschool and school-age children during established business hours for less than 24 hours per day, and which is licensed and approved by the state.
DAY CARE CENTER, GROUP NURSERY. A facility for the care and supervision of more than ten preschool and school-age children during established business hours for periods of less than 24 hours per day, and which is licensed and approved by the state. Also includes preschools and nursery schools.
DAY CARE; HOME. The use of a residence for the care of ten or fewer preschool and school-age children during established business hours for less than 24 hours per day, and which is licensed and approved by the state.
DENSITY BONUS. A bonus that may be granted in planned unit developments for an increase of the number of dwelling units allowed within the respective zoning district. The increase may not exceed 10%.
DEPARTMENT STORE. A business which is conducted under a single owner’s name wherein a variety of unrelated merchandise and services are exhibited and sold directly to the customer for whom the goods or services are furnished.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.
DOG/CAT KENNEL, COMMERCIAL. Any premises where more than four dogs/cats over six months of age are owned, boarded, bred or offered for sale.
DOG/CAT KENNEL, RESIDENTIAL. Any premises where more than two, but not more than four, dogs/cats over six months of age are owned, boarded, bred or offered for sale.
DRIVE-IN ESTABLISHMENT. An establish- ment which accommodates the patron’s automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.
DRIVEWAY. A private road giving access from a public way to a building or abutting grounds.
DWELLING. A building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, rooming houses or tourist homes or a trailer, tent, cabin or trailer coach.
DWELLING, ATTACHED. A dwelling which is joined to other dwellings at both sides by party walls, as one of a series of not more than eight dwellings arranged in a row, including the semi-detached dwellings at the ends.
DWELLING, DETACHED. A residential building which is entirely surrounded by open space on the same lot.
DWELLING, MOBILE HOME. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A travel trailer is not to be considered as a MOBILE HOME.
DWELLING, MULTIPLE. A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other.
DWELLING, SEMI-DETACHED. A dwelling which is joined to another dwelling at one side only by a party wall.
DWELLING, SINGLE-FAMILY. A detached dwelling unit designed exclusively for occupancy by one family.
DWELLING, TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other, also known as double bungalow, duplex, side-by-side two-family dwellings. An accessory dwelling unit is not a TWO-FAMILY DWELLING.
DWELLING UNIT, ACCESSORY. A dwelling unit that is located on the same lot as a single-family dwelling to which it is accessory to, and is internal or an addition onto the principal dwelling.
DWELLING UNIT. Residential accommodation, including complete kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers or boarders. Where a private garage is structurally attached, it shall be considered as a part of the building in which the DWELLING UNIT is located.
EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground or aboveground gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings.
FAMILY. One or more persons, each related to the other by blood, marriage or adoption, or a group of not more than four persons not all so related, together with their domestic servants or gratuitous guests, maintaining a common household and using common cooking and kitchen facilities.
FLOOR AREA. (For the purpose of determining off-street parking and off-street loading requirements.) The sum of the gross horizontal FLOOR AREA of the various floors of a building measured in square feet and from inside walls, with the area devoted primarily to storage, aisles, fitting rooms, off-street parking and/or loading not included.
FLOOR AREA, GROSS. A figure used to determine the floor area ratio, conversion of existing structures and maximum size of business establishments. The sum of the gross horizontal area of the various floors of a building, measured in square feet, and from the exterior wall in each case; cellars and space devoted to off-street parking shall not be included.
FURNITURE SHOWROOM. A retail facility used for the sole purpose of displaying items for selection, but not inventoried on site.
GARAGE, PRIVATE. An enclosed detached accessory building or portion of the principal building, which is used for storing vehicles.
GARAGE, PUBLIC. A building or portion of a building, except any herein defined as a private garage used as a repair garage, used for the storage of motor vehicles or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.
GARAGE, REPAIR. Any building, accessory building or portion thereof which is used for repair of motor vehicles for remuneration or hire.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.
GROUND FLOOR AREA. The lot area covered by a building measured from the exterior faces of exterior walls, but excluding open terraces and garages.
GUEST ROOM. A room occupied by one or more guests, for compensation, in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.
HEALTH AND BEAUTY SERVICES. Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, spa treatments (such as facials, body wrap treatments, and chemical peels) and alternative wellness services (including such activities as aromatherapy, acupuncture and hypnosis), excluding therapeutic massage or other businesses otherwise defined or regulated by this code.
HOME OCCUPATION. Any gainful occupation engaged in by occupants of the dwelling when occupation is conducted within the principal structure or the principal structure becomes the base of operation. Subject to stipulations as laid down in § 160.087(C) of this chapter.
HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms used, designated or intended to be used, let or hired out to be occupied or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.
IMPROVED SURFACE. A driveway or parking area constructed of asphalt, concrete, brick or a parking area of gravel construction (according to § 160.338(G) of this chapter).
IMPROVED SURFACE, PERMANENT. Permanent improved surfaces are those constructed of asphalt, concrete or brick.
JUNK YARD. An area where waste, discarded or salvaged materials are bought, sold, exchanged, stored, boiled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other materials, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a manufacturing process when within an enclosed area or buildings meeting the requirements of § 160.030 of this chapter shall not be included.
LANDSCAPING. The aesthetic and physical improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock, wood chips, retaining walls and other functional, ornamental or decorative features.
LOADING SPACE. A space, accessible from a street, alley or way, in a building or on a lot, for the use of trucks while loading and unloading merchandise or materials.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of these zoning regulations, having not less than the minimum area required by this chapter for a building site in the district in which the lot is situated and having its principal frontage on a street or a proposed street approved by the Council.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in an alignment of a single street, the interior angle of which does not exceed 135 degrees.
LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries.
LOT INTERIOR. A lot other than a corner lot.
LOT LINE. A property boundary line of any lot held in single ownership; except that, where any portion of a lot extends into the abutting public street or alley, the LOT LINE shall be deemed to be the street or alley line, except for purposes of taxation or assessment.
LOT LINE, FRONT. The boundary of a lot which abuts a street, and in the case of a corner lot, it shall be the shortest dimension on a public street; should the dimensions be equal, the FRONT LOT LINE shall be determined by the Zoning Administrator.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
LOT, THROUGH. A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a THROUGH LOT, both street lines shall be deemed front lot lines; but, in case of two or more contiguous THROUGH LOTS, there shall be a common front yard.
LOT WIDTH. The mean horizontal distance between the side lot lines of a lot, measured within the lot boundaries. In the case of irregularly shaped lots located on a cul-de-sac or curved street, LOT WIDTH shall be measured at the required front and rear setback lines.
MANUFACTURED HOME. One that is defined by M.S. Ch. 327, as it may be amended from time to time.
MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.
MICROBREWERY. A facility operated by a person licensed by the state’s Department of Public Safety as a Minnesota microbrewer, small Minnesota brewer or Minnesota brewer producing not more than 250,000 barrels of malt liquor annually.
MICRODISTILLERY. A distillery operated within the state producing premium distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year.
MOBILE HOME COURT or MOBILE HOME PARK. Any park, trailer park, trailer court, trailer camp, court, camp, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any mobile home(s) and upon which any mobile home(s) is parked and shall include all buildings used or intended for use as part of the equipment thereof whether a charge is made for the use of the mobile home park and its facilities or not. Automobile or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale shall be excluded from this definition.
MOBILE HOME, INDEPENDENT. A mobile home which is constructed to utilize a public water and sewer system, an external source of electric service and an external source for heating and shall be equipped with a stool, shower or tub and laundry facilities and shall also include manufactured homes, as defined herein.
MOBILE HOME LOT. A section of land within a mobile home park designated as the location for the placement of one mobile home and other such uses accessory to the use of a mobile home residence as permitted by this chapter.
MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building or corridor, with garage or parking space conveniently located to each unit and which is designed, used or intended to be used primarily for the accommodation of transient guests.
MOTOR FREIGHT TERMINAL (TRUCK TERMINAL). A building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment.
MOTOR FUEL STATION. A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or grease, for operation of automobiles, are retailed directly to the public on premises and including minor accessories and services for automobiles, but not including major repairs and rebuilding of automobiles.
NEIGHBORHOOD MOTOR FUEL STATION. A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps.
NON-CONFORMING STRUCTURE OR USE. Any structure or use which, prior to zoning use change, does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.
NOXIOUS MATTER. Material which is capable of causing injury or malaise to living organisms or is capable of causing detrimental effect upon the health or the social or economic well-being of human beings.
OFF-STREET LOADING SPACE. A space accessible from the street, alley or way in a building or on the lot for the use of trucks while loading or unloading merchandise or materials. The space shall be of a size as to accommodate one truck of the type typically used in the particular business.
OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling and/or renting merchandise for storing of same prior to sale.
OUTLOT. A parcel of land included in a plat or subdivision which is:
(1) Smaller than the minimum lot size and therefore unbuildable until combined through platting or subdivision with additional land;
(2) Not presently proposed for development and therefore subject to future platting or subdivision prior to development; or
(3) Designated for public or private open space, right-of-way, utilities or other similar purpose.
OUT-PATIENT CARE. Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.
PARKING AREA. An area separate from public rights-of-way designed and surfaced for the parking of motor vehicles including parking spaces, drive aisles and associated access and egress routes. PARKING AREAS shall also include emergency access lanes and loading areas.
PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below and/or above grade.
PARKING SPACE. An improved surface and permanently maintained area meeting the requirements of § 160.338(E)(5) of this chapter, either within or outside of a building of sufficient size to store one standard automobile.
PAWNBROKER.
(1) Except as provided in division (2) below, PAWNBROKER means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
(2) The following are exempt from the definition of PAWNBROKER: any bank regulated by the state, the Comptroller of the Currency of the United States, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System or any other federal or state authority and their affiliates; any bank or savings and loan whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and affiliates of those banks and savings and loan associations; any state or federally chartered credit union; any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce.
PAWNSHOP. The location at which or premises in which a pawnbroker regularly conducts business. A PAWNSHOP may only be located within a Pawnshop Overlay District created by this chapter.
PERMANENT. A period of time that exceeds six months.
PERMITTED USE. A use which may be lawfully established in a particular district or districts; provided, it conforms with all requirements, regulations and performance standards (if any) of the districts.
PERSON. An individual, firm, partnership, association, corporation or organization of any kind.
PET STORE. A structure intended for the sale of small domesticated animals. The provision of services for pets, such as grooming, may also be available.
PRINCIPAL BUILDING. The main or primary building containing the principal use of a property as distinguished from an accessory building.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
RECREATION FIELD OR BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a RECREATION FIELD OR BUILDING for the purpose of this chapter.
RECREATION VEHICLE. Any motor vehicle designed and primarily used for recreational purposes.
RECUPERATIVE HOME. Any institution, place, building or structure in which any accommodation is maintained, furnished or offered for the recuperation of human beings, which is the care required by a person because of emotional problems brought about by the use of drugs, alcohol, mental problems or other causes of emotional difficulties.
RENTAL STORE. A business engaging in the rental of supplies or equipment. RENTAL means the normal rental of supplies or equipment for use by customers as distinguished from the sale of such items.
RENTAL VENDING KIOSK. Fully automated self-service machines that dispense and accept products in a rent and return process.
REST HOME (NURSING HOME). A private home for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders.
RESTAURANT. An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.
RETAINING WALL. A wall or structure constructed of stone, concrete, wood or other materials, used to retain soil, as a slope transition or edge of a planting area.
SETBACK. The minimum horizontal distance between a building and street or lot line.
SOLAR COLLECTOR. A device or combination of devices, structure or part of a device that transforms direct solar energy into thermal, chemical or electrical energy.
SOLAR ENERGY. Radiant energy (direct, diffuse and reflected) received from the sun.
SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used) and components to the distribution of transformed energy.
SOLAR SKYSPACE. The space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation.
SOLAR SKYSPACE EASEMENT. A right, expressed as an easement, covenant, condition or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy. The SOLAR SKYSPACE must be described as the three-dimensional (3-D) space in which obstruction is prohibited or limited or as the time of day during which direct sunlight to the solar collector may not be obstructed or as a combination of the two methods.
SOLAR STRUCTURE. A structure designed to utilize solar energy as an alternate for or supplement to a conventional energy system.
STORY.
(1) The portion of a building included beneath the upper surface of a floor and the upper surface of the floor next above; except that, the topmost STORY shall be that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.
(2) If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade, as defined herein, for more than 50% of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, the basement, cellar or unused underfloor space shall be considered as a STORY.
STREET. Any public or private way set aside as a permanent right-of-way for vehicular access 40 feet or more in width if it exists prior to 05-09-1960, and any such public right-of-way 50 feet or more in width after 05-09-1960.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or exterior walls.
STRUCTURE. Any thing erected, the use of which requires more or less permanent locations on the ground or attached to something having a permanent location on the ground.
TAPROOM. A microbrewery licensed by the state’s Department of Public Safety; and is licensed by the city for on-sale and/or off-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A TAPROOM may include a restaurant at the microbrewery.
TEMPORARY. A period of time that does not exceed six months.
TOWNHOUSE. Single-family owner-occupied attached units in structures housing three to eight dwelling units, contiguous to each other, only by the share of common walls, and each dwelling unit shall have separate and individual front and rear entrances; the structures to be of the row or cluster house types as contrasted to multiple dwelling apartment type structures.
TRAVEL TRAILER. A non-motorized drawn vehicle designed to serve wherever parked as a temporary dwelling and/or place of business.
UNDERGROUND STORAGE TANKS. Underground storage tanks, other than residential septic tanks, are defined as tanks that are placed underground for the storage of regular gasoline, unleaded gasoline, diesel fuel or any other products.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped, intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute USABLE OPEN SPACE.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended or for which it is occupied, utilized or maintained and shall include the performance of the activity as defined by the performance standards of this chapter.
VARIANCE. The waiving by Board action of the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of unique circumstances related to the individual property under consideration.
VETERINARY OR ANIMAL CLINIC. A structure intended for providing medical examinations and treatment to animals. Services would be limited to small animals and may include boarding of animals.
YARD. A required open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter. A YARD shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and from the abutting front street right-of-way to the front building line in depth.
YARD, REAR. That portion of the yard on the same lot with the principal building, located between the rear building line as specified in the yard regulations for the district in which the lot is located and the rear lot line and extending the full width of the lot.
YARD, SIDE. A yard extending along a side lot line between the front and rear yards, having a width specified in the yard regulations for the district in which the lot is located.
(Prior Code, § 1102.02) (Ord. 441, passed 05-23-1988; Ord. 448, passed 09-26-1988; Ord. 487, passed 06-25-1990; Ord. 548, passed 09-24-1994; Ord. 590, passed 11-25-1996; Ord. 595, passed 04-14-1997; Ord. 620, passed 07-27-1998; Ord. 685, passed 08-27-2001; Ord. 711, passed 11-10-2003; Ord. 773, passed 08-14-2006; Ord. 787, passed 04-09-2007; Ord. 788, passed 05-14-2007; Ord. 828, passed 10-08-2009; Ord. 832, passed 10-08-2009; Ord. 861, passed 09-22-2011; Ord. 867, passed 03-08-2012; Ord. 879, passed 07-22-2013; Ord. 899, passed 05-11-2015; Ord. 917, passed 05-23-2016; Ord. 926, passed 08-22-2016; Ord. 927, passed 08-22-2016; Ord. 970, passed 01-13-2020)