For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ACCESSORY STRUCTURE OR USE." Any structure or use, other than the principal structure or use, directly incident to or required for employment of the permitted use of any premises, also as specifically designated under the zoning district regulations of this chapter.
"ADVERTISING SIGN." Any word, lettering, parts of letters, figures, numbers, phrases, sentences, designs, pictures, emblems, devices (including loudspeakers), trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, a commodity, or a product, which are visible from any public street or right-of-way and designed to attract attention. The term "sign" shall not include the flag, pennant, or insignia of any nation, state, local political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.
"ALLEY." A public passage or way affording a secondary means of vehicular traffic access to abutting property and not intended for general traffic circulation.
"ALTERATION." Any change or addition to the supporting members or foundation of a structure.
"BUILDING." Any structure constructed or used for a residence, business, industry, or other public or private purpose, and similar structures which fully enclose space for occupancy by persons or their activities.
"COMMERCIAL FLOOR AREA." Floor area of a building which is devoted to the storage and display of merchandise, the performance of consumer services, or the circulation and accommodation of customers.
"CONDITIONAL USE." A use which is essential to or would promote the public health, safety, or welfare in one or more zones, but which impair the integrity and character of the zone in which it is located or in adjoining zones unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning code.
"CONDITIONAL USE PERMIT." Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Zoning Adjustment consisting of two parts:
(1) A statement of the factual determination by the Board of Zoning Adjustment which justifies the issuance of the permit.
(2) A statement of the special conditions which must be met in order for the use to be permitted.
"CONSUMER SERVICES." Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience, and for fulfillment of their own personal needs. "CONSUMER SERVICES" may include the following types of services: barber and beauty services, provision of lodging, entertainment, financial services, automobile storage, transportation, laundry services, and all other similar services.
"DIMENSIONAL VARIANCE." Departure from the terms of the zoning code pertaining to height or width of structures and size of yards and open spaces where the departure will not be contrary to the public interest, and where owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the action of the applicant, the literal enforcement of the zoning code would result in unnecessary and undue hardship.
"DWELLING." A building providing shelter, sanitation, and the amenities for permanent habitation. It does not include temporary lodging or sleeping rooms.
"ENFORCEMENT OFFICER." The administrative official designated by the Mayor with approval of the City Council who shall be charged with and provided with the authority to enforce the ordinances, regulations, codes, and orders of the Planning Commission and the City Council.
"FLOODPLAIN." Those areas subject to frequent periodic flooding and delineated on the soil survey as alluvial soils by the Soil Conservation Service, U.S. Department of Agriculture, or lands delineated as floodplains by the federal flood insurance program.
"HOME OCCUPATIONS." Professional offices, studios, and personal services maintained or conducted within a dwelling or accessory structure. Neither the selling of any merchandise nor processing of any product shall qualify as a "HOME OCCUPATION." "HOME OCCUPATIONS" include only those which meet the following standards:
(1) "HOME OCCUPATIONS" shall be incidental to the principal residential use.
(2) "HOME OCCUPATIONS" shall result in no exterior evidence except a permitted sign, that the dwelling is used for a nonresidential use.
(3) "HOME OCCUPATIONS" shall not generate any atmospheric pollution, light flashes, glare, odors, noise, vibration, or truck or other heavy traffic.
(4) Any activity in which the selling of any merchandise is the primary function is not a "HOME OCCUPATION".
(5) "HOME OCCUPATIONS" shall occupy no more than 25% of the total residential floor area of a dwelling.
"INDUSTRY." The processing of products or raw materials. The two categories of "INDUSTRY" are defined according to the following standards:
(1) "HEAVY INDUSTRY." Those industries whose processing operations result in the outdoor storage or processing of materials or products, the emission of any atmospheric pollution, visible light flashes or glare, odors, noise or vibration which may be heard or felt off the premises, or those industries which constitute a fire or explosive hazard.
(2) "LIGHT INDUSTRY." Those industries whose processing operations result in none of the above conditions.
"JUNKYARD." Property used for the outdoor storage, display, or keeping of inoperative machinery or the accumulation of trash, waste material, or vegetation, in a manner which is unsightly, offensive, or not in harmony with surrounding property. The keeping of more than three inoperable vehicles shall constitute a "JUNKYARD."
"LOCAL INFORMATION SIGN." A sign indicating directions to a local commercial, industrial, or other type business establishment.
"LOT." A parcel of land under one ownership devoted to a common use or occupied by a single principal building plus accessory structures.
(1) "CORNER LOT." A lot which abuts on two intersecting streets at their intersection.
(2) "DOUBLE-FRONTAGE LOT." Any lot other than a corner lot which abuts on two streets.
(3) "LOT LINE." The boundary dividing a lot from a right-of- way, adjoining lot, or other adjoining tract of land. Front, rear, and side lot lines are self-explanatory.
(4) "LOT OF RECORD." A lot which is lawfully recorded in the office of the County Clerk.
"MANUFACTURED STRUCTURES."
(1) "MOBILE HOMES." A transportable building, which is manufactured on a chasis or under carriage as an integral part thereof, containing facilities for water, sewage, bath, and electrical connections. "MOBILE HOME" is to include residential occupancy for family living purposes.
(2) "MODULAR." Designing of units of standard size, design and the like, that can be arranged or fitted together in a variety of ways. Modular units for family residence may be located in the R districts that will accomodate them. Modular units for commercial uses may be located in the C districts that are appropriate. A modular building, commercial or residential in use, must be secured to a permanent (in ground) foundation.
"MOBILE HOME PARK." A tract of land prepared and approved according to the procedures in this zoning code and designed to accommodate more than one mobile home.
"MOBILE HOME SUBDIVISION." A residential subdivision designed exclusively for and occupied only by mobile homes and similar units designed for transportation in which the homes and the lots are owned by the occupants.
"NONCONFORMING STRUCTURE OR USE." A structure or use on any premises which does not conform with all applicable provisions of the zoning code but which existed before being designated as nonconforming by the adoption or amendment of the zoning code.
"NON-RETAIL COMMERCIAL." Commercial sales and services to customers who intend resale of the products or merchandise sold or handled, such as wholesaling, warehousing, truck terminals, and the like.
"OFF-PREMISES SIGN." Any sign other than an on-premises sign.
"ON-PREMISES SIGN." A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. "ON-PREMISES SIGNS" do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
"OUTDOOR" Refers to that which is not in a building.
"PLANNED UNIT DEVELOPMENT." A complex of structures and uses planned as an integral unit of development rather than as single structures on single lots.
"PREMISES." A lot or other tract of land under one ownership and all the structures on it.
"PRINCIPAL BUILDING." A building, including covered porches, carports, and attached garages, in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be the "PRINCIPAL BUILDING" on the lot on which same is situated.
"PROCESSING." Manufacturing, reduction, extraction, packaging, repairing, cleaning, and any other similar original or restorative treatment as applied to raw materials, products, or personal property.
"PROCESSING" does not include the fabrication of structures.
"PUBLIC SERVICE BUILDING." Any building necessary for the operation and maintenance of a utility.
"RETAIL SALES." Sale of any product or merchandise to customers for their own personal consumption or use and not for resale.
"ROAD." A traffic-carrying way, which may be privately owned.
"SIGN."
(1) Any device designed to inform or attract the attention of persons not on the premises on which the sign is located. However, the following shall not be included in the application of the sign regulations herein:
(a) Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
(b) Flags and insignia of any government except when displayed in connection with commercial promotion.
(c) Legal notices, identification, information, or directional signs erected or required by government bodies.
(d) Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.
(e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter and four square feet or less in area.
(2) For the purpose of determining number of signs, a "SIGN" shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random matter without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered a single "SIGN."
(3) The surface area of a "SIGN" shall be computed as including the entire area with a regular geometric form or combinations of regular geometric forms and comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in the computation of surface area.
"SLEEPING ROOM." A single room rented for dwelling purposes but without the amenities for separate and independent housekeeping.
"STREET." Any highway or other public traffic-carrying way.
"STRUCTURE." Any combination of materials fabricated to fulfill a function in a fixed location on the land. "STRUCTURES" include both buildings and signs.
"TRAILER." Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance to transport cargo other than persons upon the streets and highways. The term "TRAILER" does not mean mobile home as defined in this section.
"USE." Broadly refers to the activities which take place on any land or premises and also refers to the structures located thereon and designed for those activities.
"VARIANCE." A departure from the strict conformance with the zoning regulations which first must receive the approval of the Board of Zoning Adjustment.
"YARD." The open space surrounding the principal building on any lot and measured between the front lot line and the principal building, which shall be designated as the front yard line.
(1) "REAR YARD." That portion of the yard extending the full width of the lot measured between the rear lot line and a parallel line tangent to the nearest part of the principal building.
(2) "SIDE YARD." That portion of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal building.
(Ord. 14-1986, passed 12-1-86; Am. Ord. 8-1988, passed 7-19-88; Am. Ord. 7-1993, passed 7-12-93)