(A) Words used in the present tense include the future tense; and words in the future tense include the present tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the word “plot”; the word “shall” is mandatory and not permissive; the word “may” is permissive and not mandatory.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR BUILDING. A subordinate use or structure customarily incident to and located on the lot occupied by the main use or structure and conforming with setbacks and other regulations concerning location.
ADOPTED POLICIES. A written administrative directive discussed at a public meeting and officially adopted by a majority vote of the City Council.
ALLEY. A minor public right-of-way which is used primarily for vehicular and utility service access to the back or side of properties otherwise abutting a public street.
APARTMENT. A room or suite or rooms located in a building with other such rooms or suites arranged, designed or to be occupied as a residence by a person and/or family.
ASSOCIATED RECREATION. Recreational uses which are an integral part of a common ownership or associated or high density residential development (e.g., a homeowner’s association with a private club, swimming pool and tennis courts).
AUTHORIZED AGENT. An architect, builder, developer, engineer, attorney or other person empowered to act on behalf of other persons.
BAR, COCKTAIL LOUNGE, TAVERN, SALOON, CANTINA. An establishment where alcoholic beverages are sold for on-premises consumption, other than a restaurant, as defined in this section.
BED AND BREAKFAST FACILITY. An owner-occupied private home which offers lodging for paying guests and which serves meals only to those guests. One off-street parking space per available room shall be required.
BOARDINGHOUSE. A building other than a motel or hotel where lodging and meals for five or more persons are provided for compensation.
BUFFER. A visual screen made of wood, masonry, landscape material and/or other permanent material so adjacent properties will be screened from the proposed commercial or industrial use. Such BUFFER shall be horizontal to the ground, opaque and a minimum of six feet in height; however, the City Council may increase the height to eight feet in the Public Zoning District when deemed appropriate to conditional use permit issues that are being considered for action.
BUILDING. Any structure designed to be built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind.
BUILDING SETBACK LINE. A line defining an area on the building lot between the street right-of-way and all other property lines and the building line within which no building shall be constructed, encroach or project, except as specifically authorized by the exceptions and modifications provisions and/or by the Zoning Board of Adjustments.
(a) FRONT BUILDING SETBACK. A line parallel to the street right-of-way line (or a private street) which the building faces and typically takes its primary access from.
(b) REAR BUILDING SETBACK LINE. A line parallel to an adjacent lot, alley or street in the case of double frontage lots, which the building backs up to, and has its rear or secondary access from.
(c) SIDE BUILDING SETBACK. A line parallel to an adjacent lot or street right-of-way on a corner lot, which the building sides up to.
CARPORT. A roofed structure open on at least two sides covered with a roof supported by structural steel, masonry or wood columns.
CEMETERY. Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes including, but not limited to, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such CEMETERY. The above term may also be applied to a pet and/or animal cemetery.
CITY FACILITIES. Public improvements undertaken by the city for the benefit of the general public that primarily deal with utility service delivery to magnify water, sanitary sewer and/or storm sewer improvements. Such CITY FACILITIES shall not be interpreted to mean “city buildings”, since such would be classified as institutional.
COMPREHENSIVE PLAN. The Comprehensive Plan of the city, and includes any component or a part of such component that may be separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE. A use which may be suitable in certain locations in a zoning district if developed and operated under specific conditions and/or for a limited period of time.
CONDOMINIUM. A multi-family dwelling unit, within which designated dwelling units are conveyed fee simple title, with an undivided interest in the building’s common elements, to include, but not be limited to, halls, stairs, elevators, roof, parking spaces and the land when the building is not constructed on leased land.
CREMATORIUM. A structure containing a retort used for intended to be used for cremation of human remains.
DIRECTOR OF PLANNING. The duly authorized employee or representative of the city in charge of planning functions and charged with implementation and enforcement of the subdivision, zoning and other growth-related ordinances and policies.
DISTRICT. A zoning section of the city for which the regulations governing the land uses, areas, heights or uses of buildings are uniform.
DRIVE-THROUGH SERVICE WINDOW. A commercial establishment that provides a driveway approach for motor vehicles so the business can provide service to such motorist patrons while they are waiting in their vehicles for their goods and/or services.
DWELLING UNIT. Any building or portion thereof which is designed for or used primarily for residential occupancy, but not including hotels, boardinghouses or mobile homes, trailers, motor coaches or other recreational vehicles.
(a) SINGLE-FAMILY. A building designed for and/or occupied exclusively by one family as a separate dwelling unit.
(b) DUPLEX. A building designed for and/or occupied exclusively by two families living independently of each other on a single lot.
(c) TRIPLEX. A building designed for and/or occupied exclusively by three families living independently of each other on a single lot.
(d) FOURPLEX. A building designed for and/or occupied exclusively by four families living independently of each other on a single lot.
(e) MULTI-FAMILY. A building designed for and/or occupied exclusively by fire or more families living independently of each other.
(f) DETERMINATION OF UNIT SIZE. The determination of whether one family is living independent of another is based on one or more of the following criteria: separate sanitary facilities; separate kitchen facilities; separate entrance; separate utilities (water, electrical).
EXPRESSWAY CORRIDOR. The areas along the north and south sides, within a distance of 600-foot depth therefrom, of U.S. Expressway 83.
FAMILY. One or more persons related by blood, adoption or marriage, living together as a single household unit, exclusive of household servants, or a number of persons not exceeding four adults, not related by marriage, and their dependent children and/or parents, living together as a single household unit.
GARAGE APARTMENT. A dwelling unit attached to a private garage.
GARAGE, COMMERCIAL. A building or premises used for storage, repair, rental or servicing of motor vehicles.
GARAGE, PRIVATE. An accessory building attached or detached, designed or used for the storage of motor-driven vehicles owned and used only the occupants of the building to which it is accessory. At no time may a garage be used for residential occupancy without first obtaining a building permit and assuring that the minimum number of off-street parking spaces are still evident after completion.
GUESTHOUSE. An accessory building designed for the temporary occupancy of guests of the primary dwelling for which there is no remuneration and is not rented or otherwise used as a separate domicile. Typically, a conditional use permit is required for a GUESTHOUSE to be recognized as a use authorized to be activated on the premises.
HEIGHT. The height of a building or portion of a building shall be the vertical distance from grade to the highest point of the coping of a flat roof, the deck line of a mansard roof and the mean height level between eaves and ridge for hip, gable, or gambrel roofs. In measuring the HEIGHT of a building, the following structures shall be excluded: chimneys; cooling towers; elevator bulkheads; mechanical rooms; tanks; water towers; radio towers; television antennas; ornamental cupolas; domes or spires; and parapet walls not exceeding four feet in height.
HOME OCCUPATION. An activity carried on by a member of the immediate family, residing on the premises, that meets the provisions of § 156.072(A) of this chapter.
HOTEL and/or MOTEL. A building occupied as a temporary abiding place of individuals at which parking may be conveniently located at each unit and where there are more than six sleeping rooms provided for compensation. A building that is condo-owned, but hotel-used, shall be considered a HOTEL.
INSTITUTION. A non-profit organization or building, public or private for the benefit of the public, or educational facilities, churches, temples, hospitals, clubs, fire stations, police stations, libraries, museums, city offices, public parks, public parking lots, drainage ponds larger than 34 acres (small ponds may be permitted in all zoning districts), water tower sites and the like, but not to include minor public utility properties such as lift station sites, or regional drain ditches or irrigation canal systems.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 feet by 35 feet and a vertical clearance of 14 feet.
LOT. An undivided tract or parcel of land having frontage on a public or private street, or upon an approved open space, having direct street access and which is, or in the future may be, offered for sale, conveyance, transfer or improvement, which is designated as a distinct and separate tract, and which is identified by a lot number or symbol in a duly approved subdivision plat which has been properly recorded in the county’s map records.
(a) CORNER LOT. A lot abutting upon two or more public streets at their intersection.
(b) LOT DEPTH. The length of a line connecting the midpoints of the front and rear lot lines.
(c) LOT, DOUBLE FRONTAGE. A lot abutting on two non-intersecting streets as distinguished from a corner lot.
(d) LOT FRONTAGE. The length of street frontage between side property lines.
(e) LOT, INTERIOR. A lot other than a corner lot.
(f) LOT, IRREGULAR. Any lot not having unequal front, rear and/or side lot lines; also, a lot fronting on a sharp curve or a cul-de-sac lot.
LOT LINES. The lines bounding a lot, as defined herein.
(a) FRONT LOT LINE. The property line between the front yard and the contiguous street right-of-way (or that of a private street).
(b) LOT WIDTH. The distance measured along a straight line connecting the mid-point of the two side lot lines.
(c) MINIMUM LOT AREA. The minimum area of the lot includes internal sidewalks, recreation areas, floor space, parking area, open space and utility easements, but does not include any public right-of-way, street easements or alley easements.
(d) REAR LOT LINE. The property line between the rear yard and the adjacent property or right-of-way (unless on a private street/alley) and contiguous with the legal boundary of such use.
(e) SIDE LOT LINE. The property line between two adjacent lots or between the side yard and the contiguous street right-of-way (unless a private street/alley) boundary on corner lots.
LOT OF RECORD. A parcel of land which is part of a subdivision, the map or plat of which has been recorded in the office of the County Clerk; or a tract of land that has pre-existed the adoption of Ch. 155 of this code of ordinances (i.e., grandfathered status recognized as a “lot of record”, as long as it remained the same in size and configuration).
MANEUVERING SPACE. The space entirely on private property required for maneuvering vehicles in such a manner as to preclude the backing of any vehicle into any street.
MOBILE HOME. A movable or portable dwelling which is constructed on a chassis, and which is designed to be towed over public streets and highways under special permit, designed for permanent or semi-permanent occupancy, designed primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more units that can be telescoped when transported and expanded late for additional capacity, or of two or more units, separately transportable, but designed to be joined together into one integral unit. The following shall not be included in this definition: travel trailers; pick-up coaches; motor homes; camping trailers; fifth wheels; or other recreational vehicles; or manufactured modular housing which is designed to be set on a permanent foundation, and which uses standard sheathing, roofing, siding and electrical, plumbing and heating systems.
MOBILE HOME PARK. A unified development of typically five acres or more for mobile homes arranged on a tract of land owned by an individual, corporation or single business entity for the purpose of renting or leasing spaces; at no time shall a park be converted into a “lots for sale” effect without first recording an approved re-plat reflecting compliance to area requirements for such individual lots to then be separately sold.
MOBILE HOME SPACE. An area within a mobile home park which is designed for land designated as the location for a single mobile home and the exclusive use of its occupants.
MOBILE HOME SUBDIVISION. A unified development typically of five acres or more for mobile homes arranged on a tract of land in such a manner as to provide an individual lot for each of the mobile homes or other mobile unit as the case may be.
MODULAR HOMES. A dwelling unit in which more than 50% of the structure is constructed at other than the construction site, brought to the site in modules and set on a permanent foundation.
NIGHTCLUB, DANCE HALL. An establishment whose primary activity is the provision of facilities for dancing, including a dance floor, and live entertainment and/or amplified music. Such establishment may or may not provide on-premises consumption of alcoholic beverages. Schools of dance are exempted from this definition.
NON-CONFORMING USE. A building structure and/or use of land lawfully occupied at the time of the effective date of this chapter or amendments thereto, and which does not conform to the use regulations of the district in which it is located.
PARKING AREA. Space used for the parking of motor vehicles.
PARKING SPACE. A paved asphalt, cement or similar all-weather surface area, and connected to a street and/or alley by a paved driveway affording satisfactory ingress and egress. The minimum dimensions of (striped) off-street parking spaces shall be in accord to adopted ordinances.
PERSON. Any individual, association, firm, corporation, governmental agency or political subdivision.
PORTABLE BUILDING. A temporary building that does not have a foundation and is transportable. A PORTABLE BUILDING sitting on concrete or similar pavement without sufficient anchoring via prevailing Building Code regulations shall still be considered PORTABLE and shall not be deemed “site built”.
RECREATIONAL VEHICLE or TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational uses, permanently identified travel trailer by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding state maximums.
RESTAURANT. A building or portion of a building (suite), where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold.
RETAIL. The sale of goods directly to a consumer. Engaged in, pertaining to or relating to the sale of merchandise at retail. To sell by individual items or by the piece, directly to the consumer.
RIGHT-OF-WAY. A dividing line between a lot, tract or parcel of land and the public right-of- way.
SIGN. See Ch. 153 of this code of ordinances for definitions of various types of signs permitted to be used within the various zoning districts.
SERVANT’S QUARTERS. An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.
SPACE. A plot of ground within a mobile home and/or recreational vehicle park designated for the accommodation of one mobile home or one recreational vehicle or similar mobile unit, together with such open space as required by local ordinances.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property, excluding alleys.
STRUCTURE. Any thing constructed, erected or built up, or composed of parts and joined together in a permanent manner.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams and/or girders.
TOURIST COURT. See HOTEL and/or MOTEL.
TOWNHOUSE. A single-family dwelling unit constructed in a series, or group of units having common fire-rated walls, each on a separately owned lot. However, a TOWNHOUSE CONDOMINIUM differs in that dwelling units are conveyed fee simple title, with an undivided interest in the development’s common elements, to include, but not be limited to, parking spaces, common recreation areas and the land upon which the building is constructed.
WHOLESALE. The sale of commodities for the purpose of resale, as to retailers or jobbers rather than to consumers directly. Of, pertaining to or engaged in sale at wholesale.
YARD. An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise herein provided. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(a) FRONT YARD. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the right-of-way line (or similar of that of a private street) and wall of the main building or any projections thereof.
(b) REAR YARD. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building.
(c) SIDE YARD. A yard between the main building and the side line of the lot and being the minimum horizontal distance between a side lot line and the side of the main building.
(Ord. 2016-07, passed 8-9-2016)