For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A separate building or a portion of a principal building used for accessory uses.
ACCESSORY BUILDING - GARAGE. An accessory building (attached or detached) which is used, to store passenger automobiles and light trucks owned by occupants of the principal building, and which has a door opening which is six feet or greater in width.
ACCESSORY BUILDING - MAJOR. A detached accessory building sheltering an allowed accessory use, except for storage of motor vehicles. Accessory buildings may include garden sheds, recreational buildings such as gazebos, or other similar uses.
ACCESSORY BUILDING - MINOR. A detached accessory building 200 square feet or less in floor area.
ACCESSORY USE. A use subordinate to the main use on a lot and which is customarily incidental to the main use.
ADDITION. Part of a building added to increase the usable space of the building.
ADULT USES. The following uses will be deemed adult uses and will have the following definitions.
(1) ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
(2) ADULT BOOKSTORE. An establishment or business which barters, rents, or sells items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film and either alone or when combined with adult motion picture rental or sales and adult novelty sales within the same business premises has either 10% or more of its stock in trade or 10% or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(3) ADULT CABARET. An establishment or business which provides dancing or other live entertainment, if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of specified sexual activities or specified anatomical areas.
(4) ADULT COMPANIONSHIP ESTABLISHMENT. An establishment or business which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT CONVERSATION/RAP PARLOR. An establishment or business which provides the service of engaging in or listening to conversation, talk, or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) ADULT HEALTH/SPORT CLUB. An establishment or business which excludes minors by reason of age and is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(7) ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(8) ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
(9) ADULT MODELING STUDIO. An establishment or business which provides to customers figure models who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
(10) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(11) ADULT MOTION PICTURE RENTAL OR SALES. An establishment or business which barters, rents, or sells videotapes or motion picture film and either alone or when combined with adult bookstore or adult novelty sales within the same business premises has either 10% or more of its stock in trade or 10% or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(12) ADULT MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
(13) ADULT NOVELTY SALES. An establishment or business which sells devices which stimulate human genitals or devices which are designed for sexual stimulation and either alone or when combined with adult bookstore and adult motion picture rental or sales has either 10% or more of its stock in trade or 10% or more of its floor area containing the items and other items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(14) ADULT SAUNA/BATHHOUSE/STEAM ROOM. An establishment or business which excludes minors by reason of age and which provides a steam bath or heat bathing room if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ALLEY. A public right-of-way upon which the rear of premises generally abuts, or upon which service entrances of buildings abut, and which is not used for general traffic circulation.
ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building, or other structure and used in communications that radiate or capture electromagnetic waves, digital signs, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals, or other communication signals.
APARTMENT. A room or suite of rooms located in a multiple dwelling, which includes a bath (or shower) and kitchen, intended or designed for use as an independent residence.
APARTMENT BUILDING. A multiple dwelling structure designed to accommodate three or more apartments.
ASSEMBLY. A company of persons gathered for deliberation and legislation, worship, or entertainment. An ASSEMBLY may be either religious or secular, but specifically includes a religious institution/place of worship.
AUTO REPAIR. Rebuilding, reconditioning, reconstructing, repairing, or replacing worn or damaged motor vehicle parts.
AUTOMOTIVE SERVICE STATION. Premises used to conduct auto repair, dispense, sell, or install automobile fuel, oil, tires, batteries, or accessories, or to wash automobiles, with or without a convenience store.
BALCONY. A platform projecting from a wall of a building, enclosed by a railing, and elevated at least seven feet above ground.
BASEMENT. A portion of a building located partly or completely underground, but having at least half its floor-to-ceiling height below the average grade of the adjoining ground. A garden level apartment, in which the bottom of the windows are not more than four feet above the floor, is not considered a BASEMENT.
BOULEVARD. The part of the public right-of-way located between the curb line and the property line.
BUFFER. The use of land, topography, space, fences, or landscape plantings to screen or partially screen a lot from another lot.
BUILDABLE AREA. The space on a lot on which a building may be constructed.
BUILDING HEIGHT. The vertical distance measured from the elevation of the lot grade at the building setback line, to the top of the cornice of a flat roof, to the top of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the average distance of the highest gable on a pitched or hip roof.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. BUILDING-INTEGRATED SYSTEMS include, but are not limited to, active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system affixed to a principal or accessory building.
BUILDING SETBACK. The distance between a building and a given lot line.
CANNABIS FACILITY (A.K.A. MARIJUANA DISPENSARY). An establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with M.S. § 152.22, as it may be amended from time to time.
CLUB or LODGE. An establishment in which a limited group of people are organized to pursue common social or fraternal goals, interests or activities, and usually characterized by certain membership restrictions, payment of fees or dues, regular meetings and a constitution or bylaws. The use of any premises and /or buildings is restricted to members and their guests. “Health clubs,” listed as a permitted conditional use within the C District under § 154.122, and defined in § 114.020, are excluded from this definition.
COMMON AREAS. Privately-owned land in a residential development which is used for recreational purposes or is of an aesthetic nature, or provides access and is generally intended for the use and/or enjoyment of the residents of the development.
CONDITIONAL USE. A use which is not classified as a permitted use but which may be permitted subject to conditions imposed by the City Council.
CONDOMINIUM. Property to be owned and conveyed in accordance with the State Condominium Act, M.S. Chapter 515, as it may be amended from time to time.
CONVENIENCE STORE. A retail business that provides the public with a convenient location to quickly purchase a wide variety of consumable products and services, generally food and automotive fuels and lubricants.
DAYCARE FACILITY. A facility regulated by state law where adult supervision and care is provided for three or more children.
DECK. A platform projecting from the wall of a building or constructed on top of a building designed to be used by people as space which is part of the structure.
DRIVE-THROUGH FACILITY. A facility from which a product or service is dispensed, sold, rendered, or from which business is transacted, between a business establishment and persons in vehicles.
DWELLING and DWELLING UNIT. A building or a unit in a building intended to be occupied by a person or persons as a place of residence, but excluding rooms in motels, hotels, nursing homes, and boarding homes, and excluding trailers and tents.
DWELLING, MULTIPLE. A building with three or more dwelling units, access to which is provided from a common internal hallway.
DWELLING, SINGLE-FAMILY. A dwelling designed to accommodate one family.
DWELLING, TWO-FAMILY. A dwelling designed to accommodate two families in separate dwelling units, each unit with its own means of access.
EXPANSION, ENLARGEMENT, or INTENSIFICATION. Any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city.
FAMILY. One person, or two or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner of a residence plus three persons not so related, occupying the residence and maintaining a common household and using common cooking and kitchen facilities.
FAST FOOD RESTAURANT. A restaurant in which the primary method of dispensing and selling food is over the counter directly to the customer for consumption on the premises or elsewhere, excluding restaurants in which more than 20% of the gross sales are through table service.
FLOOR AREA. The sum of the gross areas of all floors in a structure except the basement floor, measured from the exterior faces of the exterior walls.
FLOOR AREA RATIO. The ratio of the maximum permitted floor area of the principal building or buildings to the area of the lot on which they are located or to be located. The maximum allowable floor area on a lot is determined by multiplying the lot area by the floor area ratio. The garage is not included in determining the FLOOR AREA RATIO as it is considered an accessory building in residential areas.
FLUSHMOUNTED SOLAR ENERGY SYSTEM. A solar energy system that is installed on the roof of a building in which the solar panels are parallel with the finished roof materials.
FREE-STANDING SOLAR ENERGY SYSTEM. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure. Garages, carports, or similar structures that incorporate building-integrated or building mounted solar energy systems shall not be classified as FREE-STANDING SOLAR ENERGY SYSTEMS and shall instead be subject to regulations governing accessory structures.
GARAGE. An accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by occupants of the principal building. GARAGES cannot be larger than the principal structure or be more than 1,000 square feet in size in R-1, R-1A, and R-2 zoned property.
GARAGE SALE. Any display of items for sale in a dwelling, garage, or yard on a property used primarily as a residence.
GARDEN LEVEL APARTMENT. An apartment on the lowest level of a building and in which the height of the base of windows is not more than four feet above the floor.
GRADE. The elevation of the garage floor in a structure with an attached or tuck under garage, or the elevation of the average finished surface of the ground at the building setback line in a structure with a detached garage.
IMPERVIOUS SURFACE. A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or pavers, including “permeable” pavers; and other similar surfaces.
JUNK YARD. Property where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled, or handled.
KENNEL. Property other than animal hospitals, pet shops, and veterinary clinics, which is deemed to be a KENNEL under § 91.15.
LAND RECLAMATION. Land upon which 25 cubic yards or more of fill material (rock, concrete, bituminous concrete, or sand) is deposited.
LAND REMOVAL. Land upon which 100 cubic yards or more of soil or subsoil material is removed, not including material excavated for the purpose of constructing basements, footings, or foundations.
LANDSCAPING. The aesthetic improvement of land by the arrangement of plantings and/or decorative features such as fences and walls.
LOT. An area of land intended for occupancy or use as permitted in the Zoning Code, and otherwise meeting the requirements of the Zoning Code.
LOT AREA. The area of a lot in a horizontal plane exclusive of contours, bounded by the lot lines, but excluding any area which constitutes public waters or public street or alley right-of-way.
LOT, CORNER. The area of a lot in a horizontal plane exclusive of contours, bounded by the lot lines, but excluding any area which constitutes public waters or public street or alley right-of-way.
(1) LOT COVERAGE. The area of a lot covered by impervious surface. An IMPERVIOUS SURFACE is any material that substantially reduces or prevents the infiltration of storm water into the ground. IMPERVIOUS SURFACES shall include all buildings, driveways (paved or gravel), sidewalks and parking areas. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water will be considered impervious. An IMPERVIOUS SURFACE shall not include decks as long as the deck is pervious and the surface beneath the deck is pervious.
(2) BUILDING TO LAND RATIO. The area of the lot covered by buildings only and expressed as a percentage of the total area of the lot.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINE. The boundary line of a lot, except that where any portion of a lot extends into the public right-of-way, the right-of-way line will be treated as the lot line.
LOT LINE, FRONT. The boundary of a lot which abuts a public or private street, and in the case of a corner lot, it is the boundary to the front of the building’s principal entrance.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE will be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line, for the purpose of determining setbacks.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel public rights-of-way. For a THROUGH LOT, both right-of-way lines will be treated as front lot lines.
LOT WIDTH. The averaged distance between side lot lines measured at the front and rear lot lines.
MANUFACTURED HOME. A manufactured home as defined in M.S. § 327.31, Subd. 6, as it may be amended from time to time.
MANUFACTURED HOME PARK. A manufactured home park as defined in M.S. § 327.14, Subd. 3, as it may be amended from time to time.
MOTEL. Premises furnishing sleeping or overnight stopping accommodations for travelers and other transient guests.
NONCONFORMITY. Any land use, structure, physical form of land development, lot of record or sign that is not in full compliance with the regulations of this chapter and either was legally established before the effective date of the ordinance provision with which it does not comply, or became nonconforming because of other governmental action, such as a court order or taking by a governmental body under eminent domain or negotiated sale. A NONCONFORMITY does not include a land use, structure, physical form of land development, lot of record, or sign that was allowed to deviate from this ordinance by an approved variance. A NONCONFORMITY is one of two types of physical land development: a nonconforming use or a nonconforming development.
NONCONFORMING DEVELOPMENT. A nonconformity other than a nonconforming use that does not currently conform to an ordinance standard such as height, setback, or size.
NONCONFORMING LOT OR RECORD. A lot which was legally created and was recorded with the County Recorder’s Office on or before the effective date of this chapter which does not comply with the lot size requirements for any permitted use in the district in which it is located. Such lot is considered buildable without a variance.
NURSING HOME. A nursing home as defined in M.S. § 144A.01, Subd. 5, as it may be amended from time to time.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising, or trade where the goods are not enclosed within a building.
PARCEL. A contiguous tract of land, which may consist of unplatted land or one or more platted lots. For purposes of the Zoning Code, adjoining lots which were in common ownership on LI-1991 according to the real estate records of Hennepin County, or Ramsey County, Minnesota, will be deemed a single parcel if one or more of the lots was smaller than the minimum lot size then required under the Zoning Code.
PARKING LOT. A facility comprised of parking spaces, drive aisles, circulation, and access that provides for the temporary off-street parking of passenger vehicles and small commercial vehicles, accessory to multiple-family residential, commercial, industrial, and institutional principal uses.
PARKING, OFF-STREET. The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles, and emergency vehicles as defined herein, on an approved parking space, properly surfaced per code, for a period of less than 24 hours. In residential districts, vehicles, as defined and as regulated, may be parked on driveways in the front yard for more than 24 hours. PARKING, OFF-STREET may include a parking space, parking lot, or parking pad as used in the code.
PARKING PAD. A location on a parcel approved for the parking of a vehicle which is not a driveway. A PARKING PAD must meet the relevant performance and location requirements of the applicable code.
PARKING SPACE. An area of not less than 180 square feet, exclusive of driveways and aisles, designed for the parking of one passenger or small commercial vehicle.
PATIO. A courtyard or other finished exterior ground surface open to the sky constructed of rock, brick, concrete, stone, or similar materials and commonly used for relaxation, socializing, or dining.
PAVED. A parking area which is paved as required in this section with asphalt, concrete, durable pavers, or which is surfaced with materials to match an existing compliant driveway section with pavement. Pavers are an acceptable surfacing material to meet this requirement, but regardless of design or construction, are considered impervious for the purposes of impervious surface requirements.
PERMITTED USE. A use expressly authorized by the Zoning Code for a particular district or districts.
PORCH. A structure projecting from and structurally attached to an exterior wall of a building, covered by a roof and having a floor elevation not more than three feet above grade.
PRINCIPAL BUILDING. The main structure on a parcel or lot which houses the principal use of the property.
PRINCIPAL USE. The primary use of a parcel or lot as opposed to a subordinate “accessory” use.
RECREATIONAL/OPEN SPACE. Land which has significant natural and/or recreational amenities which warrant protection and/or an assessment of any proposed change in the usage of the land.
RELIGIOUS INSTITUTION/PLACE OF WORSHIP. A building or portion thereof together with its accessory buildings (supporting homes, convents, or rectories) and uses commonly associated with religious institutions, where persons regularly assemble for religious workshop and which building or portion thereof, together with its accessory buildings and common religious uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposed. The term shall not carry secular connotation.
REMODELING. Alterations of a building primarily of an aesthetic nature which may include incidental repairs to supporting members but not structural alterations.
SETBACKS. Areas of a lot adjoining the lots lines in which structures are prohibited.
SEXUALLY-ORIENTED BUSINESSES. Adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, and adult body painting studios as defined in this section. In addition, all other premises, enterprises, establishments, businesses, or places at or in which there is an emphasis on the presentation, display, depiction, or description of specified sexual activity or specified anatomical areas which are capable of being seen by members of the public. The term SEXUALLY-ORIENTED BUSINESSES shall not be construed to include schools or professional offices of licensed physicians, chiropractors, psychologists, physical therapists, teachers, or similar licensed professionals performing functions authorized under the licenses held, establishments or businesses operated by or employing licensed cosmetologists or barbers performing functions authorized under licenses held, or the sale of clothing.
SIDEWALK. A paved path typically located in a public right-of-way, on publicly owned property, or a public easement that is open to members of the public traveling as pedestrians, and if designated, open to non-motorized wheeled traffic (such as bicycles or similar vehicles). The term SIDEWALK may include public trails or pathways, or similar public improvements. Pedestrians shall include those persons afoot, or using any manual or motorized wheelchair, scooter, tricycle, or similar device designed for persons with disabilities as a substitute for walking.
SIT-DOWN RESTAURANT. A restaurant in which more than 20% of the gross sales are through table service.
SITE PLAN. An outline in detail of the proposed layout of all proposed structures, driveways, parking, landscaping, and other improvements, drawn to an appropriate scale.
SOLAR COLLECTOR SURFACE. Any part of a solar energy system that absorbs solar energy for use in the system’s transformation process. The COLLECTOR SURFACE does not include frames, supports, and mounting hardware.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device, set of devices, or structural design feature intended to provide for collection, storage, and distribution of solar energy for purposes including heating or cooling buildings or other energy-using processes, electricity generating by means of any combination of collecting, transferring, solar-generated energy, or water heating.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; or, human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, or zooerasty;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttock, or female breast(s);
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons;
(6) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, or vaginal or anal irrigation.
STORAGE, OUTDOOR. The keeping, in an un-roofed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for sale in a new or used car sales lot.
STORY. The portion of a building other than a basement which is between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above.
STREET. A public right-of-way which affords a primary means of access to abutting property.
STRUCTURAL ALTERATION. Any change made to existing support members, columns, beams, girders, or foundations except those which are solely of an ornamental, decorative, or incidental nature.
STRUCTURE. Anything constructed, moved, or erected, the use of which requires location on the ground or attached to something having a location on the ground, but excluding fences, sidewalks, retaining walls, and items of an ornamental or decorative nature.
TOWNHOUSE. Attached dwelling units of three or more, each with separate means of access which are not a condominium.
UNSURFACED. A space which is covered by vegetation, such as grass or other landscaped cover, and which is mowed or trimmed to meet the city’s weed control regulations. UNSURFACED space may not include bare ground which may be subject to erosion, tracking of mud onto the roadway, or drainage of silt into a public drainage easement or waterway.
USE. The purpose or activity for which land or a building is designed or intended, or for which it is occupied or maintained.
VEHICLE. A car, van, truck, motorcycle, snowmobile, motor home, camper, trailer, boat, or similar item licensed by the state for use on roadways or waterways, but excluding bicycles and mopeds.
VEHICLE, LARGE COMMERCIAL. A vehicle used for commercial purposes which is a semi-tractor and/or semi-trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a “small commercial vehicle.”
VEHICLE, PASSENGER. A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: passenger automobiles, pick-up trucks, and sport-utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks, and sport-utility vehicles of between 9,000 pounds and 13,000 pounds, commuter vans of a capacity up to 16 persons, and motorcycles.
VEHICLE, RECREATIONAL.
(1) A vehicle that is used and licensed primarily for recreational or vacation purposes, and which is licensed and operable for use on public roadways, whether self-propelled, carried on, or towed behind, a self-propelled vehicle.
(2) Operable recreational equipment that is not licensed for use on the public roadway, but used off-road, such as all-terrain vehicles, boats, off-road motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment shall be properly licensed if the state provides for such licensing.
(3) Licensed, operable trailers which may be used to tow recreational equipment, whether such trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational equipment, such trailer and equipment shall be considered to be one piece of equipment for the purposes of this section.
VEHICLE, SMALL COMMERCIAL. A vehicle used primarily for commercial purposes, including pick-up trucks and sport-utility vehicles larger than 9,000 pounds gross vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, eight feet in height, and eight and one-half feet in width.
WALKWAY. A hard-surfaced path (consisting of pavement, rock, stone, brick, or pavers) located on private property for the purpose of providing internal access to occupants or visitors to the uses on or adjacent to the property. A WALKWAY shall be no greater than three feet in width. Any surfaced area greater than three feet in width shall be considered a PATIO.
WALL, RETAINING. That which is erected as a permanent barrier, affixed along its entire length to the ground or some immovable structure to impede the movement or erosion of soil.
YARD. The portion of a lot between a lot line and a building on the lot.
YARD, EXTERIOR SIDE. A side yard which abuts a street or public right-of-way along the side lot line.
YARD, FRONT. The area extending along the full width of the lot between side lot lines from the street right-of-way line to the principal building on the lot.
YARD, INTERIOR SIDE. A side yard which abuts an adjacent side yard or backyard along the side lot line.
YARD, REAR. The area extending along the full width of the lot between the side lot lines from the rear lot line to the principal building on the lot.
YARD, SIDE. The area extending along the full depth of the lot between the front and rear lot lines from the side lot line to the principal building on the lot.
(Prior Code, § 152.008) (Ord. 2012-11, passed 11-12-2012; Ord. 2013-02, passed - -; Ord. 2015-04, passed - -; Ord. 2016-01, passed - -; Ord. 2019-11, passed 11-15-2019; Ord. 2023-01, passed 7-11-2023)