§ 155.004 DEFINITIONS.

ACCESSORY USE OR BUILDING. A use customarily incidental and subordinate to the principal use and located on the same lot with the principal use. An ACCESSORY BUILDING is a building separate from the principal building located on the same lot. A trailer shall not be considered permissible as an ACCESSORY BUILDING. An ACCESSORY USE includes, but is not limited to, the following:

(1) A children’s playhouse, garden house and private greenhouse;

(2) A civil defense shelter for not more than two families;

(3) A garage, attached or detached from principal building, shed or building for domestic storage;

(4) Incinerators incidental to residential use;

(5) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless the storage is excluded by the district regulations;

(6) A non-paying guesthouse or rooms for guests within an ACCESSORY BUILDING; provided, the facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units;

(7) Off-street motor vehicle parking areas and loading and unloading facilities; or

(8) Solar energy system.

(9) A swimming pool, as defined in § 155.005.

(10) A fence, as defined in § 155.005.

ADULT BOOKSTORE. An establishment having as substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or an establishment with a segment or section devoted to the sales or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.

ADULT ENTERTAINMENT CABARET. A public or private establishment which:

(1) Features topless dancers, strippers, “go-go” dancers, male or female impersonators, lingerie or bathing suit fashion show;

(2) Features entertainers who display specified anatomical areas; or

(3) Features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in explicit simulation of, specified sexual activities.

ADULT MOTION PICTURE THEATER. A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for viewing by patrons therein.

ADULT NOVELTY STORE. An establishment having 25% or more of its sales or stock in trade consisting of toys, devices, clothing “novelties”, lotions and other items distinguished or characterized by their emphasis on or use for specified sexual activity or specified anatomical areas or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.

ADULT USE. Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult novelty stores and other similar uses.

AGRICULTURE. The growing, harvesting and storing of crops including legume, hay, grain, fruit and truck or vegetable crops, floriculture, viticulture, horticulture, mushroom growing, nurseries, orchards, forestry and greenhouses; the keeping, raising and feeding of livestock or poultry, including dairying, poultry, swine, sheep, beef cattle, pony and horse production, fur farms and fish and wildlife farms; farm buildings used for growing, harvesting, storing and preparing crop products for market, or for use on the farm; roadside stands for farm products, farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry and for preparing livestock or poultry products for market; buildings occupied as dwellings by farm owners, operator, tenants or seasonal or year-round hired farm workers. Buildings occupied as dwellings by those not engaged in agriculture operations shall not be considered to be used for agricultural purposes.

AIRPORT. Any area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

ALLEY. A narrow service way providing a secondary public means of access to abutting properties and not more than 20 feet wide.

ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, or by change in use from that of one district classification to another.

ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

ANIMAL HOSPITAL. Any building or portions thereof, designated or used for the care, observation or treatment of domestic animals.

ANIMAL SEWAGE LAGOON. Any area of shallow water or pond used for the collection and disposal of animal waste.

APARTMENT. A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit, and which contains complete kitchen, bath and toilet facilities, permanently installed.

APARTMENT HOUSE. A building arranged, intended or designed to be occupied by three or more families living independently of each other.

AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repairs; and over-all painting of vehicles.

AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under AUTOMOBILE REPAIR, MAJOR.

AUTOMOBILE WRECKING YARD. Any area of land where two or more motor vehicles, not incidental to farm operations and not in running condition, or parts thereof, are stored in the open and not being restored to operation; or any land, building or structure used for the wrecking or storing of the motor vehicles, or parts thereof, not in running condition.

AWNING. Any roof-like structure made of cloth, metal or other material attached to a building and erected over a window, doorway and the like, in a manner as to permit its being raised or retracted to a position against the building when not in use.

BASEMENT. A story partly underground but having at least one-half of its height above the average level of the adjoining ground. A BASEMENT shall be counted as a story for the purposes of height measurement, if the vertical distance between the ceiling and average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.

BED AND BREAKFAST ESTABLISHMENT. An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for not less than ten nights in a 12-month period. Breakfast and refreshments may be provided to the guests only. BED AND BREAKFAST ESTABLISHMENTS shall not include motels, hotels, boarding houses or food service establishments.

BED AND BREAKFAST ESTABLISHMENT OPERATOR. The owner of a bed and breakfast establishment, or the owner’s agent, who is required by this chapter to reside in the bed and breakfast establishment or on contiguous property.

BED AND BREAKFAST GUEST ROOM. A sleeping room intended to serve not more than two transient guests per night.

BILLBOARD. Any single- or double-faced street graphic that is permanently fixed or placed on particular premises and that is used for the display of messages or advertising not associated with the establishment located on the premises.

BLOCK. Property abutting on one side of a street between the two nearest intersecting streets or other natural barriers.

BOARDINGHOUSE. A building or premises in which sleeping quarters and meals are provided by prearrangement for compensation on a weekly or longer basis for five or less persons who are not members of the keeper’s family. The term BOARDINGHOUSE shall include ROOMING HOUSE and shall also mean LODGING HOUSE, but a BOARDINGHOUSE shall not include a community residence or nursing home.

BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, each portion of the BUILDING shall be considered a separate structure.

BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements of this chapter have been complied with.

BUILDING AREA. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, steps and cornices projecting not more than 30 inches.

BUILDING, FRONT LINE OF. The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.

BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed existing finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING SETBACK LINE. A line parallel to the street line at a distance regulated by the front yard requirements set up in this chapter.

CANOPY. A roof-like structure similar to an awning; except that, it cannot be raised or retracted to a position against the building.

CELLAR. A story having more than one-half of its height below grade.

CHANGEABLE COPY SIGN. A sign which has provision for changing the message thereon either manually or electronically.

CITY. The City of Sparta, Illinois, and contiguous territory within one and one-half miles of the corporate limits of the city.

COMMERCIAL FEEDING FACILITY. A structure or enclosed area used for feeding cattle, hogs or other livestock in lots of 100 animals or more and not otherwise connected with a farming operation.

COMMERCIAL POULTRY FACILITY. A structure or enclosed area used for feeding and raising farm poultry in excess of 500 domestic fowl and not otherwise connected with a farming operation.

COMMUNITY RESIDENCE. A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment for a communicable disease.

CORRECTIVE ACTION ORDER. A legally-binding order to effect compliance with this chapter, issued by the Code Enforcement Officer in accordance with the procedures set forth herein.

COVERAGE. The percentage of the plot or lot area covered by the building area.

DISTRICT. A section of the city for which uniform regulations governing the use, height, area and intensity of use by buildings and land, and open spaces about buildings, are herein established.

DWELLING. A building, but not a trailer (mobile home), designed or used exclusively as the living quarters for one or more families.

DWELLING, GROUP. A group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.

DWELLING, MULTI-FAMILY. A dwelling or group of dwelling on one plat containing separate living units for three or more families, but which may have joint services or facilities or both.

DWELLING, ONE-FAMILY. A detached building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families living independently of each other. May also be referred to as a DUPLEX.

DWELLING, ROW. A dwelling, the walls on two sides of which are in common with the walls of adjoining dwellings and are party or lot line walls.

DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one family.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by the public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

FAMILY.

(1) Two or more persons, each related to the other by blood, marriage or adoption, together with usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or

(2) Five or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family). For purposes of this chapter, however, an unrelated FAMILY shall not include persons living together in a community residence or nursing home.

FLOODPLAIN. Lands which are low-lying, difficult to drain, subject to flood or are natural drainage ways.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings.

(1) In particular, the FLOOR AREA of a building or buildings shall include:

(a) Basement space;

(b) Elevator shafts and stairwells at each floor;

(d) Penthouses;

(e) Attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet, six inches or more;

(f) Interior balconies and mezzanines;

(g) Enclosed porches; and

(h) Accessory uses, not including space for accessory off-street parking.

(2) However, the FLOOR AREA of a building shall not include:

(a) Cellar space; except that, cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street berths;

(b) Elevator and stair bulkheads, accessory water tanks and cooling towers;

(d) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet, six inches;

(e) Uncovered steps;

(f) Terraces, breezeways and open spaces;

(g) Accessory off-street parking spaces; and

(h) Accessory off-street loading berths up to 200% of the amount required by § 155.005 of this chapter.

FLUSH-MOUNTED SIGN. Any sign attached to or erected against any wall, awning, canopy or marquee with the exposed face of the sign in a plane approximately parallel to the plane of the wall, and the like, and not projecting more than 18 inches. The signs shall not be painted directly on any exterior wall.

FREE-STANDING SIGN. Any sign supported by one or more uprights, poles or braces placed in or upon the ground in a permanent manner.

FRONTAGE. All the property abutting on one side of a road, street or place between two intersecting roads or places (crossing or terminating) or if the road, street or place is dead ended, then all of the property abutting on one side between an intersecting road, street or place and the dead end of the road, street or place.

GARAGE, PRIVATE. An accessory building, housing not to exceed four motor driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.

GARAGE, PUBLIC. Any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

HOME OCCUPATION. An accessory use of a character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof.

(1) Permitted uses. HOME OCCUPATIONS shall include, but are not limited to, the following:

(a) Artists, sculptors, authors, photographers and composers;

(b) Computer programming, personal computer data processing and home computer bulletin board;

(c) Direct-sale product distribution (Amway, Avon, Tupperware and the like); provided, parties for the selling of merchandise or taking orders shall not be held more than once a month, shall be limited to ten customers and shall be held between the hours of 9:00 a.m. and 10:00 p.m.;

(d) Dressmakers, seamstresses and tailors;

(e) Hairdresser/barber provided only one person may conduct such activity;

(f) Home crafts, such as model making, rug weaving, woodworking, ceramics and similar activities;

(g) Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, ministers, rabbis, priests, salespersons, sales representatives, manufacturers’ representatives, home builders, home repair contractors, trash haulers and similar occupations;

(h) Mail order, not including retail sales from site;

(i) Music and art teachers or other tutoring services on an individual basis;

(j) Telephone marketing;

(k) Washing and ironing;

(l) “Work at home” activities where employees of a business, located at another location perform work for the business in their own residence; provided, all physical contact between the business and the employee occurs at the place of business and not at the residence, other than the installation of any equipment or other work facilities. The work activities of the employee shall conform with all other requirements of this section;

(m) Daycare homes as regulated by the state; (Proof of valid license must be presented prior to approval of permit.)

(n) Automotive detailing (washing, cleaning, truck lettering) limited to one vehicle at the premises at any given time; and

(o) Sign painting.

(2) Use limitations. The following regulations shall apply to all HOME OCCUPATIONS.

(a) HOME OCCUPATIONS shall be carried out by members of the household occupying that dwelling and not more than one paid assistant.

(b) The HOME OCCUPATION shall be conducted entirely within the principal residential building or in a permitted accessory building.

(d) One sign not exceeding four square feet as regulated herein.

(e) No stock in trade shall be displayed or sold on the premises, except for delivery of orders.

(f) No stock in trade, except articles produced by the residents of the premises, shall be stored on the premises.

(g) No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.

(h) The HOME OCCUPATION shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of a dwelling unit, if the unit is part of a multi-family structure, shall constitute a violation of this section.

(i) No mechanical or electrical equipment other than normal household or domestic equipment shall be used.

(j) There shall be no outdoor storage of equipment or materials used in the home occupation.

(k) The receipt of delivery of merchandise, goods or supplies for use in a home occupation shall be limited to United States mail, similar parcel delivery service or private vehicles with a gross vehicle weight rating of 10,000 pounds or less, between the hours of 9:00 a.m. and 5:00 p.m. only.

(l) Not more than one vehicle shall be utilized for business purposes.

(m) No customer waiting area shall be provided.

(n) No vehicles shall be parked and no equipment or materials shall be stored for trash haulers, home builders, home repair contractors and similar occupations.

(o) A HOME OCCUPATION permit must be obtained prior to commencement of any home occupation activity.

(3) Prohibited home occupations. The following activities shall not constitute HOME OCCUPATIONS under this chapter:

(a) Animal hospitals;

(b) Auto repair and painting;

(d) Medical offices for doctors, dentists and veterinarians;

(e) Palm reading or fortune telling;

(f) Shops for contractors and tradesmen;

(g) Tanning salons; and

(h) Trash hauler operations other than a home office.

HOSPITAL. Includes sanitarium, sanatorium, preventorium, clinic or any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

INCIDENTAL SALES. A display of personal property for the purpose of barter or sale of that personal property at a real property zoned as residential (R1-R5, defined separately in this code), regardless of whether the sale is conducted by negotiation, at specific prices, or by auction bid, whether held outside or inside a structure on that property; commonly known as a YARD SALE, a GARAGE SALE, an ESTATE SALE, a MOVING SALE, or an AUCTION.

INTERMODAL CONTAINER. A large standardized shipping container, usually between eight and ten feet in height and 20 to 40 feet in length, designed and built for freight transport; also known as CARGO or FREIGHT CONTAINER, ISO CONTAINER, SHIPPING CONTAINER, SEA or OCEAN CONTAINER, CONEX BOX, SEA CAN or C CAN.

JUNK YARD. An open area or fenced enclosure, where used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes an automobile wrecking yard, but does not include uses established entirely within enclosed buildings.

KENNEL. Any structure or premises where three or more dogs over four months of age are kept.

LAND USE PLAN. The comprehensive long range plans for the desirable use of land as officially adopted and as amended from time to time by the city and the Board of Commissioners of the county; the purpose of the plans being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing needs of the city and contiguous territory, in the subdividing and use of undeveloped land, and in the acquisition of land for the public purposes as roads, parks, schools and other public buildings or public uses.

LARGE COMMUNITY RESIDENCE. A community residence serving six to 20 persons with disabilities.

LAUNDROMAT. A business that provides home-type washing, drying and/or ironing machines and/or dry-cleaning machines for hire to be used by customers on the premises.

LICENSED GAMBLING ESTABLISHMENT. Any licensed gaming establishment operated for the purpose of gaming or gambling, including accepting, recording, or registering bets, any other lottery, or playing any game of chance, for money or other thing of value.

LOADING SPACE. A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks.

LOT. A parcel, tract or area of land accessible by means of a road, street or place. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county’s Recorder, or it may include parts of or a combination of the parcels when adjacent to the other and used as one.

LOT, CORNER. A lot at the junction of and having frontage on two or more intersecting streets or roads.

LOT COVERAGE. The percentage of the lot area covered by the building area.

LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.

LOT, INTERIOR. A lot other than a corner lot or through lot.

LOT LINE, FRONT. In the case of an interior lot, the line abutting a road, street or place; and, in the case of a corner lot, the line of the narrowest portion of the lot abutting a road, place or street.

LOT OF RECORD. A lot which is a part of a subdivision, addition or survey, a plat of which is recorded or a parcel of land described by metes and bounds consisting of five acres or less, the plat or description of the parcel of land having been recorded in the office of the county’s Recorder of Deeds prior to the effective date of this chapter.

LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.

LOT, WIDTH. The dimension of a lot, measured between side lot lines on the building setback line.

MANUFACTURED HOME - TYPE A. A factory fabricated single-family home built in one or more sections, the average width and/or length of the living area (excluding garages, carports, porches or attachments) of this type of manufacture home shall not exceed a ratio of three to one. All TYPE A MANUFACTURED HOMES must be placed on a full, permanent perimeter foundation extending below the frost depth. All wheels and towing devices must be removed. A TYPE A MANUFACTURED HOME must have a minimum 3/12 pitch roof with overhang and must have a minimum living area of not less than 1,000 square feet. TYPE A MANUFACTURED HOMES must meet the National Manufactured Home Construction and Safety Standards (HUD). A metal label must be permanently affixed to the rear of each towable unit evidencing compliance with such standards.

MANUFACTURED HOME - TYPE B. A factory fabricated single-family home built on a permanent chassis that consists of wheel assembly, undercarriage and towing hitch assembly. The average length of a TYPE B MANUFACTURED HOME (excluding garages, carports, porches or attachments) is in excess of three times its average width. TYPE B MANUFACTURED HOMES must have a minimum of 800 square feet of floor area and must contain complete kitchen and sanitary facilities. TYPE B MANUFACTURED HOMES moved into the city must meet the National Manufactured Home Construction and Safety Standards (HUD). A metal label must be permanently affixed to the rear of each towable unit evidencing compliance with said standards.

MARQUEE. Any canopy made of durable materials that is a permanent fixture of the building to which it is attached.

MOBILE HOME. A factory-fabricated single family home built on a permanent chassis that consists of wheel assembly, undercarriage and towing hitch assembly. The average length of a MOBILE HOME (excluding garage, carports, porches or attachments) is in excess of three times its average width. MOBILE HOMES must have a minimum of 800 square feet of floor area and must contain a complete kitchen and sanitary facilities. MOBILE HOMES moved in to the city must meet the HUD Federal Mobile Home Construction and Safety Standards.

MOBILE/PORTABLE SIGN. Any street graphic not designed to be permanently attached to a building or part thereof or to be anchored to the ground. The street graphics primarily include, but are not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles; and the like. A PORTABLE SIGN may be converted into a free-standing sign upon terms and conditions set forth by the Code Enforcement Officer and City Council.

MODULAR HOME. A building assembly or system of building sub-assemblies designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer approved by the state’s Department of Public Health, on or off the building site, for installation or assembly and installation, on the building site, with a permanent perimeter foundation which extends below the frost depth, and built in strict compliance with the regulations of the state’s Department of Public Health. All MODULAR HOMES must evidence a seal in the shape of the state placed on the electrical panel box of each unit evidencing compliance with the regulations of the state’s Department of Public Health.

NON-CONFORMING USE. The use of a building or use of land that does not conform to the regulations for the district in which it is situated.

NURSERY SCHOOL. A school designed to provide daytime care or instructions for two or more children from two to five years of age inclusive.

PARKING LOT. Any place, lot, parcel or yard used in whole or in part for the storage or parking of two or more vehicles where the usage is not incidental to or in conjunction with a dwelling, or other usage permissible in dwelling districts and located on the same tract.

PARKING SPACE. An off-street space available for the parking of one motor vehicle, and having an area of not less than 180 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.

PERSON WITH A DISABILITY. Any individual whose disability:

(1) Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments;

(2) Is likely to continue for a significant amount of time or indefinitely; and

(3) Results in functional limitations in three or more of the following areas of major life activities:

(a) Self care;

(b) Receptive or expressive language;

(d) Mobility;

(e) Self direction;

(f) Capacity for independent living;

(g) Economic self-sufficiency; and

(h) Reflects the person’s need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a lifelong or extended duration.

PLACE. An open unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.

PROJECTING SIGN. Any sign which is supported by any exterior wall of a building or suspended beneath any awning, canopy or marquee with the exposed face of the sign in a plane approximately perpendicular to the plane of the wall, and the like, and projecting more than 18 inches.

ROOF LINE. The edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette, on the side of the building where the street graphic is located.

ROOF-MOUNTED SIGN. Any sign erected or maintained on the roof of any building.

SERVICE STATION. A building, buildings, premises or portions thereof which are used or arranged, designed or intended to be used for the retail sale of gasoline or other motor vehicle, motorboat or aircraft fuels.

SIGN. Any object, device, display or structure or part thereof that is used to advertise, identify, display or attract attention to any object, person, institution, organization, business, product, service or event related to the premises on which the SIGN is situated by any means including words, letters, figures, designs, symbols, fixtures, colors or illumination.

SIGN AREA. The area of the one imaginary square or rectangle that would completely enclose all parts of a sign including the background.

SIGN AREA ALLOWANCE. The total of the areas of all signs which a particular establishment is permitted to display under the terms of this chapter.

SMALL COMMUNITY RESIDENCE. A community residence serving five or fewer persons with disabilities in a family-like atmosphere.

SOLAR ENERGY SYSTEM. One or more solar photovoltaic panels, solar hot air collector device, or other type of energy system which relies upon solar radiation as a source for the generation of electricity or transfer of stored heat but does not include a solar hot water system.

SPECIFIED ANATOMICAL AREAS. Less than completely or opaquely covered: human genitals, or pubic region, buttock and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy, fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STABLE. Any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or other similar animals, either permanently or transiently.

STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

STREET or ROAD. A public or private way which affords the principal means of access to abutting properties.

STREET OR ROAD GRADE. The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grades of the street shall be taken as the STREET GRADE.

STREET GRAPHIC. Any on-premises identification or advertising sign, or any off-premises advertising sign visible from the public right-of-way or from any parking area used by the general public.

STREET GRAPHIC PERMIT. A permit issued by the Code Enforcement Officer to regulate the erection, expansion, alteration, relocation or reconstruction of street graphics in all parts of the city, except in areas of special controls.

STRUCTURE. Anything constructed or erected, that use of which requires location on the ground or attached to something having location on the ground. The term STRUCTURE shall include billboards and signs.

TRAILER COURT. An area of land divided into two or more lots or parking berths platted and laid out to provide sites for trailers permanently affixed to the land. A TRAILER shall be deemed to be permanently affixed to the land when its wheels or other transporting device have been removed therefrom or otherwise fixed so as to prevent ready removal or ready mobility of the TRAILER.

TRAILER PARK. An area of land containing two or more trailers or providing space where two or more trailers are harbored or parked or intended to be harbored or parked without being permanently affixed to the land either free of charge or for remuneration purposes, and shall include any building, structure, tent, vehicle or enclosure, used or intended for use as a part of the equipment of the park.

USE. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term PERMITTED USE or its equivalent shall not be deemed to include any non-conforming use.

WINDOW SIGN. Any sign visible from the exterior of a building which is painted on, affixed to, or suspended immediately in front of or behind a window. A permanent WINDOW SIGN is one that is intended to remain on display for 30 days or more; a temporary WINDOW SIGN is one that is intended to remain on display for a shorter period of time.

YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided.

YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the front lot line and the building line.

YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of the principal building.

YARD, SIDE. A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard. The width of the required SIDE YARD is measured horizontally, at 90 degrees with the side lot line, from the nearest part of the principal building.

ZONING DISTRICT MAP. A map entitled Zoning District Map of the city, together with all explanatory matter thereon adopted by this chapter and which shows the boundaries of the zoning districts for the city.

(1994 Code, § 155.004) (Ord. 200, passed 4-28-1969; Ord. 399, passed 4-22-1991; Ord. 411, passed 11-12-1991; Ord. 429, passed 1-11-1993; Ord. 99-09, passed 11-22-1999; Ord. 2001-02, passed 1-22-2001; Ord. 2003-09, passed 10-27-2003; Ord. 18-09, passed 12-26-2018; Ord. 20-03, passed 10-26-2020; Ord. 22-01, passed 2-28-2022; Ord. 2024-01, passed 1-22-2024; Ord. 2024-02, passed 2-26-2024; Ord. 2024-03, passed 3-11-2024)

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