For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTS or ABUTTING. To be separated by common property lines, a street or an alley.
ACCESSORY BUILDING, STRUCTURE OR USE. A building, structure or use which is incidental, appropriate and subordinate to the principal use of the land or buildings located upon the same premises. Typical ACCESSORY USES on a residential property would be a detached garage, greenhouse, cabana, swimming pool, storm shelter and storage shed. All portable buildings are ACCESSORY STRUCTURES subject to the regulations of this chapter.
ADULT AMUSEMENT, ENTERTAINMENT, OR SERVICE USES. Facilities or activities defined as follows which have a sexual orientation.
(1) ADULT AMUSEMENT OR ENTERTAINMENT. Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or sexual anatomical areas, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
(2) ADULT BOOKSTORE. A place of business having a significant portion of its stock in trade books, films, magazines, printed material and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
(3) ADULT MOTEL. A place of business, wherein material is presented, as part of the motel service, via closed circuit television or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
(4) ADULT MOTION PICTURE ARCADE. A place of business where slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images which when displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
(5) ADULT MOTION PICTURE THEATER. A place of business, generally in an enclosed building, used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
(6) MASSAGE PARLOR. A place of business where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation, or service related thereto exposes sexual anatomical areas.
(7) SEXUAL ANATOMICAL AREAS. Human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; human genitals in an apparently swollen state, even if completely and opaquely covered.
(8) SEXUAL CONDUCT. The fondling or other touching of human genitals, pubic region, buttocks or female breasts; ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, masturbation, and excretory functions as part of, or in connection with, any of the activities set forth above.
(9) SEXUAL ENCOUNTER CENTER. A place of business, generally in a building or structure, which contains or is used for, commercial entertainment where the customer directly or indirectly is charged a fee to engage in personal contact with, or indirectly is charged a fee to engage in personal contact with, or to allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the lustful interest of the customer to include, but not be limited to, bath houses, massage parlors and related or similar activities.
ADVERTISING SIGN OR STRUCTURE. Any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. “Placed” includes erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an ADVERTISING STRUCTURE other than a sign shall be determined as the area of the largest cross section of such structure. Neither the course of then-public duties, nor merchandise or materials being offered for sale, shall be construed as ADVERTISING SIGNS for the purpose of this definition.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry. The operation of commercial feed lots or pens, sales yards and auction yards for horses, cattle, hogs or poultry shall be deemed an industrial and not an AGRICULTURAL USE.
ALCOHOLIC BEVERAGE. Alcohol, spirits, beer and wine, as those terms are defined herein, and also includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings, but does not include non-intoxicating beverages, as that term is defined in the state’s statutes.
ALLEY. A narrow passage or way, not intended for general traffic, located between or behind buildings, which affords a secondary means of vehicular access to abutting property and which may be used for public utility purposes.
ASSISTED LIVING FACILITY. A residential facility containing three or more dwelling units, intended to be occupied by adults, which offers or provides residential accommodations, food service and supportive assistance to any of its residents or houses any residents requiring supportive assistance. The residents shall be ambulatory and capable of independent living and managing their own affairs, and they do not routinely require skilled nursing or intermediate care.
AUTOMOBILE. See MOTOR VEHICLE.
AUTOMOBILE SERVICE STATION. Any area of land, including structures thereon, that is used for the sale of gasoline, other refined products, and other automobile accessories. The SERVICE STATION may or may not include facilities for lubricating, washing, cleaning or otherwise servicing automobiles, or facilities for the sale of propane, butane or compressed natural gas. A convenience grocery store with gasoline pumps shall be classified as an AUTOMOBILE SERVICE STATION.
BASE FLOOD. See FLOOD, ONE HUNDRED- YEAR (100-YEAR FLOOD).
BASEMENT. A story partly or wholly underground. For purposes of height measurement, a BASEMENT shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground, or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
BED AND BREAKFAST. A private residence offering up to four guest bedrooms as overnight accommodations, plus breakfast, for compensation.
BOARDING OR ROOMING HOUSE. A building other than a hotel where, for compensation and by pre-arrangement for definite periods, meals or lodging, are provided for three or more, but not exceeding six, persons.
BUILDING. Any structure intended for the shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.
BUILDING, ACCESSORY. See ACCESSORY BUILDING, STRUCTURE OR USE.
BUILDING COVERAGE. See LOT COVERAGE.
BUILDING HEIGHT. The vertical distance from the ground elevation of the lot, established prior to any filling or excavating operations, by locating the centroid of the proposed structure as it will be placed on the lot and measuring to the horizontal plane intersected by the highest point of the structure. Chimneys and antennas attached to buildings shall not be considered as structural elements for the purpose of measuring BUILDING HEIGHT.
BUILDING, MAIN. A building in which the principal use of the lot on which it is situated is conducted. In Multiple-Family, Office, Commercial or Planned Unit Development Districts, multiple buildings shall be permitted on one lot (see BUILDING, SECONDARY), but the zoning district’s use and development regulations for main buildings shall apply to all such structures.
BUILDING PERMIT. Written authorization by the city to begin construction of a structure or on a property. Issuance is subject to an application by the property owner, municipal review for code compliance and certification by the City Manager or his or her designee that the project conforms to all municipal code requirements.
BUILDING, PORTABLE. A movable accessory building or structure which is not connected to utility services, does not exceed 12 feet in height at the plate line and 144 square feet in gross floor area, is required to be located behind the front of the main building, is not subject to other setback requirements, but is included in lot coverage and setback requirements for accessory buildings.
BUILDING, SECONDARY. Any structure containing the same uses and located on the same lot as the main building as follows:
(1) In Agricultural, Estate and Single-Family Residential Districts: means an integrated architectural design including more than one structure, all of which are intended for occupancy by the immediate family or household staff as permitted. A detached garage which exceeds a 1,000 square foot building footprint shall be considered a SECONDARY BUILDING.
(2) In Multiple-Family Residential Districts: means an architecturally compatible complex of two or more buildings on a parcel under one ownership, with all buildings providing the same type of permitted occupancy as the main building and permitting condominium or individual ownership of units.
(3) In Office, Retail Commercial and Industrial Districts: means a parcel under one ownership with more than one structure designed for occupancy, having shared parking and access, and permitting condominium or individual ownership of units.
(4) All applicable zoning and construction code requirements must be met. SECONDARY BUILDINGS shall be included with the main building in the application of all development regulations of the zoning district.
BUILDING SETBACKS/LINES. The required open space between the property lines and the exterior of the structure. BUILDING SETBACKS/LINES are established by plat restrictions, private covenants and city ordinances.
BUILDING SITE. The buildable area of a single parcel of land as determined by setback lines, occupied or intended to be occupied by a building or structure.
CARPORT. A permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles. See also PORTE COCHERE.
CATERING ESTABLISHMENT. An enterprise which prepares food at its place of business for human consumption outside its place of business.
CERTIFICATE OF OCCUPANCY. Official certification, issued by the city, which permits the use of a building in accordance with city codes and/or the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of a building permit.
COMPREHENSIVE PLAN. The official statement of the municipal legislative body that sets forth its policies concerning desirable community development, including a proposed land use plan.
CONVALESCENT, REST OR NURSING HOME/EXTENDED CARE FACILITY. A health facility where elderly or chronically ill persons, with medical problems such as Alzheimer’s disease, stroke or the infirmities of age, are housed and furnished with meals and continuing nursing care for compensation.
COURT. An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bordered on two or more sides by such building or buildings.
COURT, INNER. A court other than an outer court whose length is the minimum horizontal dimension measured parallel to its longest side and whose width is the minimum horizontal dimension measured at right angles to its length.
COURT, OUTER. A court whose full width opens onto a required yard, or a street or alley, whose width is the minimum horizontal dimension measured in the same general direction as the yard, street or alley upon which the court opens, and whose depth is the minimum horizontal dimension measured at right angles to its width.
COVENANT. A condition upon the ownership of land which is contracted between buyer and seller and may involve other parties when enacted as part of a subdivision plat. Also known as RESTRICTIVE COVENANT, PLAT RESTRICTION or DEED RESTRICTION.
COVERAGE. See LOT COVERAGE.
DAY CARE CENTER. A licensed child care facility which receives and provides care for eight or more children, apart from their natural parents, legal guardians or custodians, and outside of the home where they reside for any part of a 24-hour period.
DAY CARE HOME. A licensed child care facility located in a single-family residential dwelling, which receives and provides care for seven or fewer children, including any pre-school children under five years of age living in the home, apart from their natural parents, legal guardians or custodians, and outside of the home where they reside for any part of a 24-hour period.
DENSITY. The number of dwelling units per acre of land.
DETENTION FACILITY, STORM WATER. A human-made facility designed to prevent downstream flooding created by one or more developments by containing storm water runoff from the developments to assure that there is no increase in volume from the pre-development state. The facility may be owned and maintained by the public, a developer or other private entity or a property owners’ association; and where required it is considered a part of the permitted use.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including, but not limited to, construction or remodeling of buildings or other structures, mining, dredging, excavating, filling, grading, paving or drilling.
DWELLING. Any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including mobile homes or manufactured homes unless specifically permitted in the zoning district, or travel trailers under any conditions.
DWELLING, ATTACHED. A dwelling having any portion of one or more walls in common with adjoining dwellings.
DWELLING, DETACHED. A dwelling having open space on all sides.
DWELLING, MULTIPLE-FAMILY. A dwelling designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or motels.
DWELLING, ROW HOUSE OR TOWNHOUSE. Three or more dwelling units attached at the side or sides, each unit having a separate outdoor entrance at ground level and which is designed to be occupied and/or owned by one family.
DWELLING, SINGLE-FAMILY. A detached dwelling designed to be occupied by one family.
DWELLING, TWO-FAMILY. A dwelling designed to be occupied by two families.
DWELLING UNIT. Any building or portion thereof, which is designed or used as living quarters for one family. In quarters such as a dormitory, every three persons shall be counted as a DWELLING UNIT for calculating density.
EASEMENT. Authorization by a property owner granting access to, or other right to, a designated part of his or her property for a designated purpose. To be valid and enforceable, an EASEMENT granted to the public must be formally accepted by the appropriate legislative body prior to filing of record.
FAMILY.
(1) One person, or two or more persons related to each other by blood or marriage, including
adopted children and domestic servants employed by the family and living on the premises; or
(2) A group of not to exceed five persons, not all related by blood or marriage, occupying premises and living as a single non-profit housekeeping unit as distinguished from a group occupying a boarding or a rooming house, hotel, club or other facility for group use.
FENCE. A structure of wood, stone, ornamental iron or metal, brick, tile or cement, connected together and designed for use in a fixed position, erected upon the ground for decorative or functional purposes.
FLOOD, ONE HUNDRED-YEAR (100-YEAR FLOOD). An occurrence which has a 1% chance of being equaled or exceeded in any given year based on the criteria established by the Federal Emergency Management Agency (FEMA); a geographic area used to define a floodplain.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area determined to be susceptible to inundation by water from any source and subject to controls which prohibit or limit development, regardless of the zoning classification of the property.
FLOODWAY or REGULATORY FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. “Reserved” means no building construction or land filling without a permit may take place in a FLOODWAY.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings, and including, but not limited to, the following spaces:
(1) Basements;
(2) Elevator shafts and stairwells at each floor;
(3) Floor space for mechanical equipment with structural headroom of seven feet;
(4) Penthouses;
(5) Attic space providing headroom of seven feet or more;
(6) Interior balconies, mezzanines and enclosed covered porches and enclosed steps; and
(7) Accessory uses in enclosed covered space, but not including space used for off-street parking.
FLOOR AREA, NET. The total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven feet or more, whether above or below the finished lot grade, excluding:
(1) Elevators, stairwells, hallways, walls and partitions; and
(2) Floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms or other items permanently preventing the floor space from being occupied by persons while engaged in the use.
FLOOR AREA RATIO. A mathematical expression determined by dividing the gross floor area of a building by the buildable area of a lot, as determined by setback lines, on which the building is located.
Gross Floor Area
= Floor Area Ratio
Buildable Lot Area
= Floor Area Ratio
Buildable Lot Area
GARAGE APARTMENT. A dwelling unit for one family erected above or beside, and attached to, a private garage.
GARAGE, PARKING. Any building or portion thereof, used for the storage of four or more automobiles in which any servicing that may be provided is incidental to the primary use for storage purposes and where repair facilities are not provided.
GARAGE, PRIVATE. An accessory building or a part of a main building designed and used for storage of motor vehicles owned by the occupants of the premises.
GARAGE, PUBLIC. A main building, or portion of a main building, available to the public for the enclosed parking or storage of vehicles for pay.
GROUP HOME. A residence occupied in accordance with the definition of “family” in this code by persons requiring daily living assistance and direction, but not including any facility with occupants who are within the jurisdiction of the penal system; and not including any office or facility for counseling or treatment of residents or non-residents.
HOME BUSINESS OR OCCUPATION.
(1) See also definition of RESIDENTIAL SALES. Any occupation or profession carried on in a residence which:
(a) Is clearly incidental and secondary to the residential use of the premises;
(b) Does not change the residential character or physically alter the appearance of the property;
(c) Is limited to two practitioners who must reside on the premises; provided that, in an office one person may be employed in the HOME OCCUPATION who does not live on the premises and qualify under the definition of “family”; and
(d) Is subject to all city ordinances, including, but not limited to, parking of vehicles, obtaining a business license from the city, and the provision that no sign advertising the business shall be displayed on the premises.
(2) Clients may visit a permitted HOME OCCUPATION office.
(3) The following business activities are not permitted as HOME OCCUPATIONS:
(a) Restaurant, rest or group home, bed and breakfast or other temporary lodging, kennel, clinic and day care center;
(b) Manufacturing or repair of motor vehicles other than minor service of personal vehicles owned by persons living on the premises;
(c) Welding, plumbing, or electrical shop or similar shops;
(d) Carpentry, cabinet making, metal work, foundry, fabrication or assembly of products for transport to a site off premises; and
(e) Base or office for a contractor or employer where employees assemble to go to job sites.
HOMEOWNERS’ ASSOCIATION. See PROPERTY OWNERS’ ASSOCIATION.
HOTEL or MOTEL. A building or group of buildings under one ownership, containing six or more sleeping rooms occupied, or designed to be occupied, as the temporary accommodations of persons who are lodged with or without meals for compensation; but not including an auto or trailer court, sanitarium, hospital, asylum, orphanage or facility where persons are housed under restraint.
KENNEL. Premises where three or more dogs, cats or other household pets more than four months of age are bred, trained, boarded or kept.
LANDSCAPING. The aesthetic improvement of land by adding live plants such as trees, shrubs, lawns, ground cover or flowers, frequently in combination with ornamental construction elements (fences, screens, grills, decorative paving or mulches, stones and the like) and art forms (sculpture, mosaics, water features and the like). Lighting may be incorporated into the LANDSCAPING.
LAUNDRY, SELF-SERVICE. Any attended or unattended place, building or portion thereof, available to the general public or building occupants for the purpose of washing, drying or extracting moisture form wearing apparel, cloth, fabrics or textiles by means of a mechanical appliance which is primarily operated by the customer.
LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOADING SPACE, OFF-STREET. Land area logically and conveniently located for bulk pick-ups and deliveries, scaled to the delivery vehicles expected, and reserved for use by such vehicles. Required OFF-STREET LOADING SPACES shall not be included in calculations for required off-street parking spaces.
LOT.
(1) A measured parcel of land having fixed boundaries, occupied or intended to be occupied by one building, or a group of buildings, and accessory buildings and uses, including such open spaces as required by this chapter and other laws or ordinances, and having its principal frontage on a street.
(2) A LOT may consist of:
(a) A single platted lot of record;
(b) A portion of a platted lot of record, the creation of which has been approved through the lot split (deed approval) subdivision process or has otherwise been validated by city ordinances;
(b) An aggregation of multiple lots of record or approved portions of lots of record into one ownership;
(c) A parcel of land described by metes and bounds that conforms with the requirements of the city subdivision regulations contained in Ch. 153 of this code of ordinances for approved lots and/or state law;
(d) A pre-existing tract of land due to any deed or other conveyance covering property acquired by the grantor if the grantor’s deed has been filed of record for five years or more; or
(e) Any lot in compliance with any provision of state law, including a lot created by court decree or action of another governmental authority.
LOT AREA.
(1) The total horizontal area included within lot lines. LOT AREA calculations shall not include portions of abutting streets and alleys which have been created either by dedication of right-of-way or easement unless specifically provided in these regulations.
(2) (a) LOT AREA, GROSS. Includes up to 50 feet of abutting right-of-way measured from the centerline.
(b) LOT AREA, NET. Does not include abutting street or alley right-of-way, whether public or private; nor does it include land that is required to be dedicated for future street or combined street/utility easements.
(3) Unless specifically stated to the contrary, all references to LOT AREA in this chapter and in the subdivision regulations contained in Ch. 153 of this code of ordinances, and all city actions pursuant thereto, shall be deemed to refer to NET LOT AREA.
LOT, CORNER. A lot where at least two adjacent sides abut intersecting streets; provided that, the interior angle at the intersection of such two sides is less than 135 degrees.
LOT COVERAGE. The percentage of the buildable area of a lot which is covered by a roof or other structure and is not open to the sky. LOT COVERAGE includes, but is not necessarily limited to, the main building, secondary buildings, accessory buildings, covered porches and decks, covered terraces, carports and porte cocheres. LOT COVERAGE does not include unenclosed swimming pools, unenclosed tennis or game courts, driveways and inground storm shelters which extend no more than two feet above the lot surface.
LOT DEPTH. The average distance of the side lines of the lot, measured from the street line of the lot to its rear line.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT FRONTAGE. The dimension of a lot or portion of a lot abutting a street, excluding the side dimension of a comer lot.
LOT, INTERIOR. A lot whose side lot lines abut other lots rather than a street; the side lot line of a corner lot which does not abut a street shall be subject to the regulations for INTERIOR LOTS.
LOT LINE ADJUSTMENT. A relocation of boundary lines of two or more lots included in a subdivision plat which has been filed of record, for the purpose of making minor adjustments in the original lot dimensions, but not to create additional lots.
LOT LINES. The lines bordering a lot and forming its boundary.
LOT OF RECORD. A lot as defined herein, which has its instrument of conveyance recorded in the office of the County Clerk.
LOT SPLIT. The subdivision of an existing lot into two or more lots through city approval of deeds of conveyance under requirements established in the subdivision regulations contained in Ch. 153 of this code of ordinances.
LOT WIDTH. The distance between side property lines, measured at the front yard setback line.
MANUFACTURED HOME. A single-family dwelling fabricated after 6-15-1976 in an off-site manufacturing facility, which bears the seal of and is certified as being built in compliance with, the Federal Manufactured Housing Construction and Safety Standards Code. The MANUFACTURED HOME is capable of connection to utilities for year-round occupancy, is constructed to be towed on a removable chassis, is typically transported in two sections (known as a “double wide”) that are joined together at the building site and is installed or assembled on a permanent foundation or slab at the building site as a permanent structure with transport features removed. Location of a MANUFACTURED HOME is subject to compliance with all municipal building permit requirements. See also MOBILE HOME for a type of MANUFACTURED HOME.
MIXED-USE DEVELOPMENT. A project that includes a combination of two or more use groups: residential, office, retail, institutional and industrial uses; in the same building or in a complex of buildings. MIXED-USE DEVELOPMENTS are most appropriately permitted through the planned unit development process.
MOBILE HOME. A type of manufactured home known as a “single wide” or “single section home”; a portable or mobile living unit designed for human occupancy on a permanent basis, which has a minimum of two exterior doors, complete toilet and bathing facilities and hardware for connection to required utilities.
MANUFACTURED OR MOBILE HOME PARK. Land or property which is used, or intended to be used, or rented for occupancy by two or more mobile homes and/or manufactured homes.
MANUFACTURED OR MOBILE HOME SPACE. A plot within a mobile home park which has been designed for the accommodation of one mobile home by the provision of access drive, utility connections and other necessities required by the codes of the city.
MANUFACTURED OR MOBILE HOME SUBDIVISION. A unified development of lots permitting occupancy by manufactured or mobile homes which has been subdivided for the purpose of individual lot ownership. Standards for a MANUFACTURED OR MOBILE HOME SUBDIVISION are contained in this chapter, the subdivision regulations contained in Ch. 153 of this code of ordinances and the remainder of this code of ordinances.
MOTOR VEHICLE. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, passenger cars, trucks, buses, motor scooters and motorcycles.
NON-COMPLIANCE. A condition of a structure or land which does not comply with the regulations of the zoning district in which it is situated, including, but not limited to, the failure to comply with use, height, area, coverage or off-street parking requirements.
NON-CONFORMING USE. A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated by reason of a condition that preexists the adoption of the regulations to which it does not conform.
ONE HUNDRED-YEAR FLOODPLAIN (100- YEAR FLOODPLAIN). A basis for establishing the elevation of a finished floor for building permit purposes. A finished floor that is a minimum of one foot above the 100-YEAR FLOODPLAIN is in conformance with city construction standards. (See also FLOOD, ONE HUNDRED-YEAR (100-YEAR FLOOD)).
PARCEL. A lot or contiguous group of lots, in single ownership or under single control, and usually considered as a unit for purposes of development.
PARKING SPACE. A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a permanently surfaced maneuvering area and driveway connecting the parking space with a street or alley to permit ingress or egress of the automobile. A PARKING SPACE for one vehicle shall be rectangular in shape and shall be a minimum of nine feet in width and 18 feet in length, exclusive of driveway and necessary maneuvering area.
PLANNED UNIT DEVELOPMENT. A zoning district that permits development in accordance with the policies of the Comprehensive Plan while providing for flexibility in applying conventional land use, area and subdivision requirements in response to creative and high quality design by the property owner.
PLAT. The map of a subdivision, prepared according to standards of the city subdivision regulations contained in Ch. 153 of this code of ordinances, which shows the location, boundaries and ownership of designated properties; streets and utilities to be dedicated; lots and blocks being created; and which is filed of record after approval by the city.
PORCH. A gallery or veranda on the outside of a building, projecting from the wall, having a separate roof or uncovered, and open to one or more yards. Where a PORCH is permitted to extend into required front yard setback areas, no vehicle access shall be permitted on, through or under it.
PORTE COCHERE. A kind of porch roof projecting over a driveway at an entrance, as of a house, which, for building setback and coverage purposes, is considered a part of the main building.
PRIVATE CLUB. An organization, the policies of which are determined by its members, and the facilities and services of which are available only to members and their bona fide guests, and which is exempt from federal income taxation pursuant to the United States Internal Revenue Code.
PROPERTY OWNERS’ ASSOCIATION. An incorporated non-profit organization operating under recorded land agreements through which:
(1) Each lot owner and/or homeowner is automatically a member;
(2) Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining a common property; and
(3) The charge, if unpaid, becomes a lien against the property.
QUEUE. A line or file of vehicles waiting for service.
QUEUING SPACE. A space for the temporary holding of vehicles waiting in a queue for service, provided on private property.
RECREATIONAL VEHICLE. A vehicular unit which is primarily designed as temporary living quarters for recreational, camping or travel use. It either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. The terms FIFTH WHEELER, MOTOR HOME, TRUCK CAMPER and TRAVEL OR CAMPING TRAILER shall be considered to be the same as a RECREATIONAL VEHICLE.
RESIDENTIAL SALES. Defined activities permitted by right at a residence, provided a city license is acquired to assure conformance with city standards for the conduct of a home business, including the following.
(1) ESTATE SALE. A one-time event, not to exceed four days in length, which is for the purpose of disposing only of the furnishings and contents of the residence where the sale is held.
(2) GARAGE, PORCH OR YARD SALE. Limited to one sale per six-month period.
(3) Sale of personal items, including, but not necessarily limited to, clothing and fashion accessories, housewares or beauty products, limited to one such sale event per residence in a 90-day period, and required to take place entirely within the confines of the residence.
RESTAURANT. An establishment open to the general public selling full meals commonly ordered at breakfast, lunch or dinner, substantially all of which are cooked on the premises and require the use of dining implements for consumption; and shall not include an establishment that serves only food such as appetizers, sandwiches, salads or desserts. A RESTAURANT may also be a catering establishment.
RESTAURANT, DRIVE-IN. Any establishment where food, frozen desserts and/or beverages are sold to the consumer, where motor vehicle parking space is provided, and which is designed to provide space for some or all customers to consume such foods in the motor vehicle parked on the premises. A restaurant which provides a drive-up window in addition to inside seating, but no space for in-vehicle consumption, shall not be considered a DRIVE-IN.
RIGHT-OF-WAY. A strip of land, designated on a subdivision plat or granted through a legal instrument, which has been accepted by the city or government body of prior jurisdiction and filed of record, occupied or intended to be occupied, by a street, crosswalk, railroad, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use.
SETBACK. The required distance between every structure and the lot line of the lot on which the structure is located. See YARD and YARD, SETBACK.
SIGHT-PROOF. An opaque screen of fence, earth, wall or vegetation, which conceals a required part of a parcel from view of an adjoining parcel or a public way. To qualify as SIGHT-PROOF, a fence or wall shall be a minimum of six feet and a maximum of eight feet in height.
SIGN. See ADVERTISING SIGN OR STRUCTURE.
SITE DEVELOPMENT PLAN. A plan, drawn to scale, which shows:
(1) The topographic characteristics of the site at a contour interval of not less than one foot;
(2) The location and dimensions of existing and proposed buildings, yards, courts, landscaping, pedestrian and vehicular circulation, parking, fences and screening; service areas and courts and other features;
(3) The use of each building and area;
(4) The height of buildings, adjacent streets, alleys, utility drainage and other easements;
(5) The relationship of the development to adjacent areas which it may affect; and
(6) A certified boundary line survey.
SPECIAL EVENTS LICENSEE. The holder of a special events license issued by the Alcoholic Beverage Laws Enforcement Commission of the state.
SPECIAL PERMIT. City Council approval, through adoption of an ordinance, of a use subject to review, listed in individual zoning districts, or a use listed in § 154.090 of this chapter.
STORM CELLAR. A deep cellar, permitted as an accessory structure or use, for shelter during heavy windstorms. A STORM CELLAR that does not exceed two feet in height above the grade where it is buried is not included in lot coverage calculations.
STORY. The portion of a building, other than a basement, 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.
STREET. Any city-approved public or private thoroughfare which affords the principal means of access to adjoining property.
STREET, INTERSECTING. Any street that joins another street at an angle, whether or not it crosses the other.
STREET OR ROAD, PRIVATE. A roadway in either platted or unplatted areas which has been conveyed through legal documents for use by designated persons and their successors, but which has not been dedicated to the public and/or accepted by the City Council, or county government prior to annexation. Improvement and maintenance of a PRIVATE STREET is the responsibility of the private party or parties designated in the conveyance. Only a PRIVATE STREET OR ROAD may be gated.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. STRUCTURAL ALTERATIONS are subject to city building and construction code requirements and require a building permit.
STRUCTURE. Any thing constructed or erected, the use of which requires location on the ground; or attached to something having a location on the ground, including, but not necessarily limited to, buildings, swimming pools, spas, flagpoles, signs, antennas, corrals, pens, arenas and the like.
TAVERN. Any business concern whose total gross receipts (based upon total retail value as determined by the state’s statutes) from sale or distribution of alcoholic beverages in the city for on premises consumption for a period of any three consecutive calendar months exceeds 40% of that concern’s gross revenues derived from the activities in the city from all sources. The term TAVERN shall include, but not be limited to, any restaurant which satisfies the terms of this definition.
TOWNHOUSE. See DWELLING, ROW HOUSE OR TOWNHOUSE.
TRAILER, HAULING. A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods, commodities or boats.
USE, CONDITIONAL. A structure or activity which is permitted in a zoning district provided it meets specific conditions identified in the individual zoning district regulations. A CONDITIONAL USE requires administrative review prior to issuance of a building or occupancy permit.
USE, PERMITTED (BY RIGHT). A structure or activity listed in a zoning district as being permitted without further review subject to compliance with the development regulations of the district and relevant regulations of this chapter and city ordinances.
USE SUBJECT TO REVIEW. A structure or activity which requires a public hearing before the Planning Commission and City Council to determine that the use as proposed will be compatible with its surroundings and not jeopardize the health, safety and welfare of the community. A USE SUBJECT TO REVIEW is authorized by issuance of a special permit.
YARD. An open space at grade, other than a court or plaza, between a building and the adjacent lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter.
YARD, FRONT. A yard located in front of the front elevation of a building, extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building.
YARD, REAR.
(1) A yard extending across the rear of a lot measured between side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building.
(2) On both corner lots and interior lots, the REAR YARD shall in all cases be at the opposite end of the lot from the front yard.
YARD, SETBACK. The required distance between the building or structure located on a lot and the property line.
YARD, SIDE. A yard between the building and the side line of the lot, extending from the front lot line to the rear lot line, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.
ZONING. Rules set by ordinance, providing for the specific use of a building and/or the premises.
ZONING DISTRICT. The section or sections of the city for which requirements governing the location and use of buildings and premises are grouped.
ZONING DISTRICTS MAP, OFFICIAL. The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this chapter.
(2002 Code, § 154.009) (Ord. 486, passed 5-12-2003)