§ 152.002  DEFINITIONS.
   Unless the context otherwise requires, the following definitions shall be used in the interpretation of this chapter. The words which are defined are those having special or limited meanings in this chapter. Words with self evident meanings are not defined here. Words used in the present tense include the future; words used in the singular include the plural and the plural include the singular; the word “shall” is mandatory; the word “may” is permissive; the word “should” is preferred; the word “building” includes the word “structure”; the word “lot” includes the words “plot” and “parcel”; the word “person” includes a firm or corporation as well as an individual; and the word “submission” indicates a complete filing as called for by the chapter. These definitions shall be first used in the interpretation of any words or phrases used in this chapter. Any words or phrases not defined in this chapter shall be given the definition provided in KRS Chapter 100 (planning and zoning statutes) or KRS Chapter 219 (mobile and recreational vehicle park). Words neither defined in this chapter nor in KRS 100 and KRS 219 shall be given their ordinary meaning and usage.
   ACCESSORY USE OR STRUCTURE. Any use or structure subordinate to the principal use or structure located on the same lot serving a purpose customarily incidental to the use of the principal structure or the land use.
   ADD-A-ROOM UNIT. A unit of manufactured housing, not designed as a part of the original structure, which may have less occupied space than a manufactured housing section.
   ADMINISTRATIVE/ENFORCEMENT OFFICER. The Administrative/Enforcement Officer is an individual who shall be appointed by the Mayor upon recommendation of the Planning Commission, and approved by the City Council, to administer this chapter. This OFFICER may also be known as the Building Inspector, Enforcement Officer, Zoning Administrator, or various other titles descriptive of the work performed. The duties and titles may be split between one or more persons as required.
   AGRICULTURAL USE. The use of a tract of at least five contiguous acres for the production of agricultural or horticultural crops, including, but not limited to, livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential buildings for sale or lease to the public (per KRS 100.111(2)).
   ALLEY. Any public or private way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
   ALTERATION. Any change or addition to the supporting members or foundation of a building or other structure.
   ANCHORING SYSTEM. An approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or certified mobile home.
   ANSI/NFPA 50IA STANDARD FOR INSTALLATION OF MANUFACTURED/ CERTIFIED MOBILE HOMES. Model national standards (including all authorized successor documents) for installation of manufactured and certified mobile homes, as adopted and copyrighted by the National Fire Protection Association and the Manufactured Housing Institute.
   APARTMENT. A room or suite of rooms in a multi-family building, consisting of at least one habitable room, together with a kitchen or kitchenette and sanitary facilities.
   APPROVED. Acceptable to the appropriate authority having jurisdiction, by reason of investigation, accepted principles, or tests by nationally recognized organizations.
   APPROVING AUTHORITY. The Stanford Planning Commission, unless a different agency is specifically designated by ordinance.
   AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. No vehicles shall be placed or displayed forward of the building line required for the district.
   AUTOMOTIVE REPAIR, MAJOR. Repair of motor vehicles or trailers, including rebuilding or reconditioning of engines and/or transmissions; collision services including body, frame, or fender straightening or repair; overall painting or paint shop and vehicle steam cleaning.
   AUTOMOTIVE REPAIR, MINOR. Incidental minor repairs, upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under AUTOMOTIVE REPAIR, MAJOR, or any other similar thereto. Cars or trucks being repaired or under repair shall not be stored outside the building for more than 48 hours.
   AUTOMOBILE SERVICE STATION or FILLING STATION. A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises.
   AUTOMOTIVE WRECKING. The dismantling or disassembling of used motor vehicles, or the storage, sale, or dumping of dismantled, obsolete, or wrecked vehicles or their parts.
   BASEMENT. The portion of a building whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any entrance or exit. The basement shall be considered as a story for all non-residential development. All new development and additions or renovations shall comply with the locally adopted building code.
   BED AND BREAKFAST. A residential unit where four or fewer sleeping rooms are provided for transient persons for compensation, and in which meals may be served to overnight guests.
   BILLBOARD. A sign, or structure, which directs attention to a business, commodity, service, activity, or entertainment not conducted, sold, or offered upon the premises upon which the sign is located.
   BOARD. The Board of Adjustment for Stanford, Kentucky.
   BOARDING OR LODGING HOUSE. A dwelling or part thereof occupied by a single housekeeping unit where meals and lodgings are provided for four or more persons (not transients) for compensation by previous arrangement.
   BUILDABLE LOT AREA. The part of a lot not included within the open areas required by this chapter.
   BUILDING. Any structure having enclosed space and a roof, used or intended to be used for the shelter of persons, animals, or property.
   BUILDING, HEIGHT OF. The vertical distance measured from the average finished grade at the front wall of the building to the highest point of the roof.
   BUILDING LINES or SETBACK LINES. Lines and/or utility easements and rights-of-way beyond which no building or part thereof shall project, except as otherwise provided by this chapter.
   BUILDING PERMIT. A permit issued by the Administrative/Enforcement Officer authorizing the construction or alteration of a specific building on a specific lot, submitted and approved per the Kentucky Building Code (KBC) and/or One- and Two-Family Dwelling Code as adopted by the city.
   CERTIFICATE OF OCCUPANCY. A certificate issued by the Administrative/Enforcement Officer, after construction has taken place, which certifies that the building meets minimum standards for human occupancy.
   CITIZEN MEMBER. Any member of the Planning Commission and/or Board of Adjustments who is not an elected or appointed official or an employee of the city or county.
   CITY COUNCIL. Legislative body for the City of Stanford, Kentucky.
   CLINIC. A place used for the diagnosis and treatment of sick, ailing, infirm, and/or injured persons and those who are in need of medical or surgical attention, but limited to outpatients only.
   COMMERCIAL FLOOR AREA. Building floor area devoted to the display of merchandise, the performance of consumer services, or the circulation and accommodation of customers.
   COMMISSION, PLANNING. The Planning Commission of Stanford, Kentucky; also known as the COMMISSION.
   COMMON OPEN SPACE. An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and/or owners of the development. COMMON OPEN SPACE may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and/or owners of the development.
   COMPREHENSIVE PLAN. A plan prepared to serve as a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate manner within the planning area and adopted by the Planning Commission in accordance with KRS 100.
   CONDITIONAL USE. A use specifically permitted in a zoning district, other than a principally permitted use, requiring a conditional use permit and the review and approval of the Board of Zoning Adjustment. A CONDITIONAL USE is permitted but could impair the integrity and character of the zone in which it is located, or of adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those set forth by this chapter.
   CONDITIONAL USE PERMIT. Legal authorization to undertake a conditional use, issued by the Board of Zoning Adjustment, consisting of two parts:
      (1)   A statement of the factual determination of the Board of Zoning Adjustment, which justifies the issuance of the permit; and
      (2)   A statement of the specific conditions which must be met in order for the use to be permitted.
   CONSOLIDATION. The joining together of two or more contiguous lots for the purpose of sale, lease, or building development.
   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.
   CONVALESCENT OR NURSING HOME. An establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home. Hospital or sanitarium shall not be construed to be included in this definition.
   COURT. An open, unoccupied, and unobstructed space other than a yard, on the same lot with a building or a group of buildings.
   COVERAGE. The percentage of the lot area covered by the building including all overhanging roofs.
   DEVELOPER. The legal or beneficial owner or owners of all land proposed to be included in a development, including the holder of options or contracts to purchase or other such persons having a proprietary interest in the land.
   DEVELOPMENT PLAN. A presentation in the form of sketches, maps, and drawings (plans and profiles) of a proposed use and/or structure by the owner of the land which sets forth in detail the intended development (see site plan). At a minimum, a DEVELOPMENT PLAN shall include the same information required for preliminary plats in the Stanford Subdivision Regulations, unless otherwise waived by the Planning Commission staff. DEVELOPMENT PLANS may be required by the Planning Commission for all zone change requests and shall be required for all industrial developments consisting of one building or more and all other developments consisting of two or more principal buildings. The subdivision preliminary and final plat process shall satisfy the DEVELOPMENT PLAN requirements for all single-family residential developments.
   DIMENSIONAL VARIANCE. A departure from the terms of the zoning regulations pertaining to height or width of structures and size of yards and open spaces, where such departures 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 actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.
   DISTRICT. An area or zone of the municipality for which regulations governing the use of premises and structures or the height and area of buildings are uniform.
   DWELLING. A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, boarding or rooming house, motel, or mobile home.
   DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
   DWELLING, MULTI-FAMILY. A building or portion thereof designed for or occupied by three or more families living independently of each other. Low density multi-family complexes include buildings with up to six units per building, a maximum density of nine units per acre, and a maximum of two principal buildings per lot as described in § 152.068. High density multi-family complexes include buildings with six units or greater as described in § 152.069. In areas where dwellings are clustered, there shall be no more than eight buildings in any contiguous group. Townhouses are permitted except that not more than 12 units shall be attached in one unit.
   DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively for residential purposes by one family.
   DWELLING, TWO-FAMILY or DUPLEX. A building designed to be occupied by two families living independently of each other.
   DWELLING UNIT. One or more rooms designed for or used by one family for living or sleeping purposes and having one kitchen or kitchenette.
   EASEMENT. A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specific purposes.
   EXPANDO UNIT. An expandable manufactured housing unit.
   FAMILY. A person living alone or two or more persons related by blood, marriage, or adoption, or not more than five unrelated persons living together in a dwelling unit, for non-profit purposes, as distinguished from a group occupying a boarding house, lodging house, hotel, or motel.
   FILING. Filing with the City Clerk unless a different county official is designated by ordinance.
   FINAL APPROVAL. The official action of the Planning Commission taken on a final plan after all conditions, engineering plans, and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion.
   FISCAL COURT. The chief legislative body of Lincoln County.
   FLOOR AREA, TOTAL. The area of all floors of a building including finished attics, finished basements, and covered porches.
   FOUNDATION SIDING/SKIRTING. A type of wainscoting constructed of fire and weather resistant materials, such as aluminum, particle board, treated pressed wood, or other approved materials, enclosing the entire undercarriage of the manufactured or certified mobile home.
   FRONTAGE. The boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a public way. Where a lot abuts more than one street, the Commission shall determine the FRONTAGE.
   GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used by the occupants of the premises for the shelter or storage of vehicles owned or operated by the occupants of the principal building.
   GARAGE, PUBLIC. A building or structure used for the parking of vehicles on an intended profit basis.
   GOVERNING BODY. The chief legislative body of the City of Stanford (City Council) or of another jurisdiction as indicated.
   HEIGHT OF STRUCTURE. The vertical distance measured from the average finished grade at the front wall of the building to the highest point of the roof.
   HOME OCCUPATION. An occupation or profession carried on within a dwelling by the occupant thereof which is clearly incidental and secondary to the use of the dwelling for residential purposes, permitted as a conditional use in §§ 152.065 through 152.069, provided that:
      (1)   No more than one person other than members of the family residing on the premises shall be engaged in the occupation;
      (2)   There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation other than one non-illuminated sign four square feet in area mounted flat against the outside wall of the main or accessory building;
      (3)   The use shall not require structural alterations or involve construction not customary in dwellings;
      (4)   No more than 25% of the floor area of the dwelling unit shall be used in the conduct of a HOME OCCUPATION;
      (5)   No traffic generated by a HOME OCCUPATION shall be in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall meet the off-street parking requirements as specified in this chapter and shall not be in the required front yard;
      (6)   A customary HOME OCCUPATION is primarily of a service character such as:
         (a)   An office or studio of a physician, dentist, artist, lawyer, engineer, architect, realtor, or insurance agent;
         (b)   A teacher, provided that musical instruction is limited to one pupil at a time;
         (c)   Child care centers, day cares; or
         (d)   Beauty parlors, barber shops, schools of any kind with organized classes, provided that the display and/or trading of wholesale or retail merchandise is clearly incidental to the primary service being provided.
      (7)   All HOME OCCUPATIONS shall require a conditional use permit and approval of the Board of Adjustment. The Board may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.
   HOME OCCUPATION, AGRICULTURAL. Any occupation as defined in HOME OCCUPATION which occurs in the residential dwelling on the farm, plus any occupation conducted in an accessory building in any agricultural zone, provided that:
      (1)   No more than three persons other than members of the family residing on the premises shall be engaged in the occupation;
      (2)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of a home occupation other than one non-illuminated sign, not exceeding eight square feet in area, and not placed in such a manner as to create a traffic visibility problem or obstruction; and
      (3)   The use is clearly incidental and subordinate to the land’s principal agricultural use.
   HOSPITAL or SANITARIUM. An establishment which provides accommodations, facilities, and services over a continuous period of 24 hours or more for observation, diagnosis, and care of two or more individuals suffering from illness, injury, deformity, or abnormality or from any condition requiring medical services. Convalescent homes and nursing homes are not included.
   HOUSING OR BUILDING REGULATIONS. Regulations adopted by the local governing body which regulate housing, building, or other safety codes, including, but not limited to, plumbing and electrical codes, the Kentucky Building Code (KBC), and the One- and Two-Family Dwelling Code.
   INDUSTRY, HEAVY. Those industries whose processing of products result in the emission of any atmospheric pollutant, light flashes or glare, odor, noise, or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard.
   INDUSTRY, LIGHT. Those industries whose processing of products results in none of the conditions described for heavy industry.
   JUNK YARD. A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such uses when conducted entirely within a completely enclosed building, and not including pawn shops, and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or the processing of used, discarded, or salvaged materials as a minor part of manufacturing operations.
   KENNEL, COMMERCIAL. A compound where three or more dogs over four months of age are kept, and where the owner is actively engaged in buying dogs for resale, consistently selling offspring of the owner’s dogs, and/or boarding dogs which are not owned by the owner for compensation.
   KENNEL, NONCOMMERCIAL. A compound in or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder or for protection of the householder’s property. The occasional sale of pups by the keeper of a noncommercial kennel does not change the character of residential property.
   KENTUCKY BUILDING CODE. The State Building Code adopted by local jurisdictions for the purpose of protecting the health, safety, and welfare of residents in all dwelling units in that jurisdiction, also known as the KBC.
   LAND USE PLAN. The plan adopted by the local Planning Commission as a part of or separate from the comprehensive plan proposing the most appropriate, economic, desirable, and feasible patterns for the general location, character, extent, and inter-relationship of a community’s public and private land.
   LIMITED FOOD SERVICE. The preparation and service of food carried on within a residential unit by the occupant thereof for compensation, provided that food service shall not be available to the general public, but shall be provided to private groups on a pre-arranged basis.
   LOADING SPACE, OFF-STREET. An off-street space or berth on the same lot with a building or contiguous to a group of buildings and accessory buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street, alley, or other appropriate means of access. Required OFF-STREET LOADING SPACE is not to be included in off- street parking space or computation of required off-street parking space. All OFF-STREET LOADING SPACES shall be located totally outside of any street or alley right-of-way.
   LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or group of buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with open spaces as required by this chapter and having frontage on a public street. Agricultural tracts are not included. See Exhibits 1 and 2 contained in the Appendix following this chapter for lot terms and lot types.
      (1)   LOT, CORNER. A lot abutting and situated at the intersection of two streets, of which the interior angle of the intersection does not exceed 135 degrees.
      (2)   LOT, INTERIOR. A lot other than a corner lot.
      (3)   LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
   LOT AREA. The computed area contained within the lot lines.
   LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
   LOT LINES. The property lines bounding a lot.
      (1)   LOT LINE, FRONT. The property line separating the lot front and the street.
      (2)   LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
      (3)   LOT LINE, SIDE. Any lot line other than a front or rear lot line. A SIDE LOT LINE separating a lot from a street is called a SIDE STREET LOT LINE. A SIDE LOT LINE separating a lot from another lot or lots is called an INTERIOR SIDE LOT LINE.
   LOT WIDTH. The mean width of the lot measured at right angles to its depth.
   LOT OF RECORD. Recorded lot on file in the County Court Clerk’s Office.
   MANUFACTURED HOME. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code. The three types of MANUFACTURED HOMES (Type I, Type II, and Type III) are defined as meeting all of the appropriate requirements of this chapter.
   MANUFACTURED HOME SUBDIVISION. A parcel of land platted for subdivision according to all requirements of the comprehensive plan and zoning ordinance designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
   MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE. Title VI of the 1974 Housing and Community Development Act (42 U.S.C. §§ 5401 et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer), which has been stamped and approved by a Design Approval Primary Inspection Agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules.
   MANUFACTURED OR MOBILE HOME COMMUNITY (PARK). A parcel of land on which two or more manufactured or certified mobile homes are occupied as residences. No lot shall be occupied by more than one manufactured or mobile home unless it complies with all requirements for a manufactured or mobile home park. All MANUFACTURED OR MOBILE HOME PARKS shall consist of a minimum of three acres.
   MAP. A map of the jurisdiction indicating district boundaries according to this chapter.
   MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction June 15, 1976. (For criteria for certified mobile homes see § 152.172.)
   MOBILE HOME, TRAILER, OR MANUFACTURED HOME PARK. An area of land upon which two or more occupied mobile homes are placed, either free of charge or for revenue purposes, and which is constructed in compliance with the standards of this chapter as specified in §§ 152.170 through 152.178, and which must consist of a minimum of three acres.
   MOTEL or MOTOR HOTEL. A series of attached, semi-attached, or detached sleeping or living units, for the accommodation of automobile transient guests, the units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
   MUNICIPAL AUTHORITY. The City Council of Stanford, Kentucky.
   MUNICIPALITY. Any incorporated city, borough, town, township, or village.
   NONCONFORMING USE OR STRUCTURE. An activity or a building, sign, structure, or a portion thereof which lawfully existed before the adoption or amendment of this chapter, but which does not conform to all of the regulations contained in this chapter which pertain to the zone in which it is located.
   OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures, such as, but not limited to, garages, patios, and porches.
   ONE- AND TWO-FAMILY DWELLING CODE. The nationally-recognized model building code prepared by the Council of American Building Officials.
   OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring the OPEN SPACE. The areas may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
   PARKING SPACE. A space with a minimum rectangular dimension of not less than nine feet in width and 19 feet in length for 90-degree parking.
   PERMANENT FOUNDATION. Any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.
   PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground.
   PLAN. The provisions for development of a planned unit development including: a plat of subdivision; all covenants relating to use, location, and bulk of buildings and other structures; intensity of use or density of development; private streets, ways, and parking facilities; common open space and public facilities. The phrase “provisions of the plan”, when used in this chapter, shall mean the written and graphic materials referred to in this definition.
   PLANNED UNIT DEVELOPMENT. An area with a specified minimum contiguous acreage of ten acres to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges of ratios of non-residential uses to residential uses as shall be specified in this chapter.
   PLANNED UNIT RESIDENTIAL DEVELOPMENT. An area with specified minimum contiguous acreage of five acres to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses primarily for the benefit of the residential development.
   PLANNING COMMISSION. The Stanford Planning Commission which was established pursuant to KRS Chapter 100.
   PLAT. A map or maps of a subdivision showing lot lines therein and fulfilling the requirements of the locally adopted subdivision regulations.
   PRELIMINARY APPROVAL. The conferral of certain rights, pursuant to this chapter and the adopted subdivision regulations, prior to final approval after specific elements of a subdivision plat have been agreed upon by the Planning Commission.
   PREMISES. A lot or other tract of land under one ownership and all the structures on it.
   PRINCIPAL PERMITTED USE. A use which is permitted outright in a district for which a zoning certificate may be issued by the Administrative Official in accordance with the provisions of this chapter.
   PRINCIPAL USE OF STRUCTURE. The primary use of the land or the main structure on a lot which determines the primary activity that takes place on the land or in the structure.
   PUBLIC OPEN SPACE. An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
   RECREATIONAL VEHICLE. A portable vehicular structure not built to the Federal Manufactured Housing Construction and Safety Standards Code (or the obsolete ANSI 119.1 Mobile Home Design and Construction Standard) designed for travel, recreational camping, or vacation purposes, either having its own motor power or mounted onto or drawn by another vehicle, and including, but not limited to, travel and camping trailers, truck campers, and motor homes.
   RESIDENTIAL CLUSTER. An area developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space area.
   RESIDENTIAL UNIT. Any unit designed for use by one family for living purposes being self- contained, and being either in a detached, semi-detached, attached, multi-family, or multi-story structure.
   SECTION. A unit of a manufactured home at least ten body feet in width and 30 body feet in length.
   SETBACK LINE. The distance between a given lot line, easement, or right-of-way line and any structure, front, rear, or side as specified.
   SIGNS. See §§ 152.210 through 152.228.
   SITE PLAN. A development plan of one or more lots on which is shown the existing and proposed topography of the lots, the location of all existing and proposed buildings, drives, parking spaces, means of ingress and egress, drainage facilities, landscaping, structures and signs, lighting, screening devices, and any other information that may be reasonably required in order to make an informed decision.
   SPECIAL EXCEPTION PERMIT or CONDITIONAL USE PERMIT. A device for permitting a use within a district other than a principally permitted use.
   STORY. The portion of a building, other than a basement, included between the surface of any floor and the ceiling next above it.
   STREET. A public right-of-way which provides a public means of vehicular and pedestrian access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. The right-of-way limits of any STREET shall include the street pavement, curb, and gutter (or open ditches) and may provide space for the location of utilities. The right-of-way limits of any STREET shall be coincidental to the property line of the adjacent or the abutting lot. STREETS are classified specifically herein as follows and as seen in Exhibit 3 of the Appendix following this chapter.
      (1)   EXPRESSWAYS. Expressways rank first in the classification of streets and are used only for vehicular movement without access to abutting properties. Interchange of traffic between EXPRESSWAYS and other streets (only arterial streets when possible) is accomplished by grade separated interchange with merging deceleration and acceleration lanes.
      (2)   ARTERIALS. Arterial streets rank second in the classification of streets, and are primarily for vehicular movement. Access to abutting properties, if permitted, should be provided by means of a marginal access street in order to serve several abutting properties, rather than provide each abutting property its own individual access thereto. ARTERIAL STREETS are the link between expressways and collector streets, and generally rank next to expressways in traffic volume, speed limit control, and right- of-way limits.
      (3)   COLLECTOR STREETS. Collector streets rank third in the classification of streets, and they are principally used for vehicular movement; however, access to abutting properties is planned and controlled so that minimum disturbance is made to the traffic flow on a COLLECTOR STREET. COLLECTORS are the link between arterial and minor streets, and generally rank next to minor streets in right-of-way lengths and speed control.
      (4)   MINOR OR LOCAL STREETS. Minor streets rank fourth in the classification of streets and are used primarily for providing access to abutting properties. Vehicular movement on minor streets should have an origin or destination in the immediate vicinity, whereas all types of through-traffic should be eliminated. MINOR STREETS are the primary link between generator points (homes, offices, stores, and the like) and collector streets. MINOR STREETS require the least amount of vehicular movement and may be further classified into five categories as follows:
         (a)   ALLEYS. Streets generally having two open ends with each end connecting to different streets. Such streets generally provide service and access to the rear of abutting properties on both sides.
         (b)   CONTINUING STREETS. Minor streets having two open ends; each end generally connecting with different streets. One or more streets may intersect such a street between its two open ends, and property abuts both sides of such a street.
         (c)   CUL-DE-SACS. Minor streets having only one open end providing access to another street, and a closed end providing a turn-around circle for vehicular movement. No streets of this type shall dead end at the closed end, unless future plans provide for its continuation for an open end or a turn-around circle. Temporary turn-around circles may be required when deemed necessary by the commission.
         (d)   LOOP STREETS. Minor streets having two open ends, each generally connecting with the same street. No other streets intersect between its two ends and property abuts on both sides thereof.
         (e)   MARGINAL ACCESS STREETS. Minor streets generally having two or more access points to the major street system by connecting to a street of higher classification. Property abuts only one side of such a street, whereas the other side thereof should generally be parallel and adjacent to a street of higher classification. MARGINAL ACCESS STREETS are sometimes called access or frontage roads.
   STRUCTURAL ALTERATION. Any change, other than incidental repairs, in the supporting members of a building, such as bearing walls, columns, beams, or girders.
   STRUCTURE. Anything constructed or made, the use of which requires permanent location in or on the ground or attachment of something having a permanent location in or on the ground, including buildings and signs.
   SUBDIVISION. The division of a parcel of land into three or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; provided, that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a SUBDIVISION. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. Any division or redivision of land into parcels of less than one acre occurring within 12 months following the division of the same land shall be deemed a SUBDIVISION within the meaning of this chapter.
   SUBDIVISION REGULATIONS. The regulations governing the subdivision of land within the city and as adopted by the Planning Commission.
   SUPPORT SYSTEM. A pad or a combination of footings, piers, caps, plates, and shims, which, when properly installed, support the manufactured or certified mobile home.
   TRAILER. See definitions relating to the three types of manufactured homes, certified mobile homes, and mobile homes/trailers.
   YARD. An open space or lot other than a court, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
      (1)   YARD, FRONT. The portion of the yard extending the full width of the lot and extending between the front lot line and the nearest part of the principal building.
      (2)   YARD, REAR. The portion of the lot extending the full width of the lot and extending between the rear lot line and the nearest part of the principal building.
      (3)   YARD, SIDE. Those portions of the yard extending from the nearest part of the principal building to the side lot line.
(Prior Code, § 152.002)  (Ord. 920.27, passed 10-7-1993)