§ 156.002 DEFINITIONS.
   (A)   Interpretation. For the purpose of the chapter, certain terms or words used herein shall be interpreted as follows:
      (1)   The word PERSON includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
      (2)   The present tense includes the future tense; the singular number includes the plural; and the plural number includes the singular.
      (3)   The word SHALL is a mandatory requirement; the word MAY is a permissive requirement; and the word SHOULD is a preferred requirement.
      (4)   The words USED or OCCUPIED include the words INTENDED, DESIGNED, or ARRANGED to be used or occupied.
      (5)   The word LOT includes the words PLOT, PARCEL, and TRACT.
(Prior Code, § 13-3-1)
   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACCESSORY USE OR STRUCTURE. Use or structure on the same lot with another nature customarily incidental and subordinate to the principal use of structure.
      ADMINISTRATOR.   An official having knowledge in principles and practices of zoning, who is appointed by the City Council to administer this chapter.
      ALTERATION.   Any exterior change or modification, through public or private action, of any cultural resource or of any property located within a historic district, including, but not limited to, exterior changes to or modification of structure, architectural details, or visual characteristics, such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects, such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the exterior visual qualities of the property.
      AMENDMENT. See Chapter 152.
      AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER, AND FARM IMPLEMENT SALES. The sale or rental of new and used motor vehicles, mobile homes, travel trailers, or farm implements, but not including repair work except incidental warranty repair of the same to be displayed and sold on the premises.
      AUTOMOTIVE REPAIR OR GARAGE. The repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including service, painting, and steam-cleaning of vehicles.
      BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a BASEMENT, unless such floor level qualifies as a first story, as defined in this section.
      BUILDING. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.
      BUILDING, ACCESSORY. A subordinate building detached from, but located on, the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
      BUILDING HEIGHT. The vertical distance measured for the average elevation of the proposed 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 the top of building walls for gable, hip, and gambrel roofs.
      BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
      CEMETERY. Land used or intended to be used for the burial of human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, if operated in connection with and within the boundaries of such CEMETERY for which perpetual care and maintenance is provided.
      CLINIC. A building used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but which building does not provide board, room, or regular hospital care and services.
      CLUB. A building or portion thereof or premises owned or operated by an organized association of persons for social, literary, political, educational, or recreational purposes primarily for the exclusive organization, group, or association, a principal activity of which is to render a service usually and ordinarily carried on in a business.
      COMMERCIAL ENTERTAINMENT FACILITIES. Any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges, and similar entertainment activities.
      COMMISSION.   The Planning and Zoning Historic Preservation Commission appointed by the city, as described in §§ 155.020 through 155.029, 156.022, and 156.092.
      COMPREHENSIVE PLAN. A plan, or any portion thereof, adopted by the City Council, including such things as the general location and extent of present proposed physical facilities, including housing, industrial commercial uses, major transportation, parks, schools, and other community facilities.
      CONDITIONAL USE. See Chapter 153.
      COUNCIL. City Council of the city.
      CULTURAL RESOURCE. Improvements, buildings, structures, signs, features, sites, places, areas, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the city.
      DENSITY. A unit of measurement. The number of gross dwelling units per acre of land.
         (a)   GROSS DENSITY. The gross number of dwelling units per acre of total land to be developed, including public rights-of-way.
         (b)   NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights-of-way.
      DISTRICT.   Synonymous with ZONE.
      DWELLING, MULTI-FAMILY. A dwelling consisting of three or more dwelling units, including townhouses and condominiums with varying arrangements of entrances and parting walls. MULTI-FAMILY HOUSING may include public housing and company owned and/or sponsored housing development.
      DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE, DORMITORY).   A dwelling or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
      DWELLING, SINGLE-FAMILY.   A dwelling consisting of a single-dwelling unit only, separated from other building units by open space.
      DWELLING, TWO-FAMILY. A dwelling consisting of two dwelling units which may be either attached side by side, or one above the other.
      DWELLING UNIT.   Space within a dwelling comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
      EASEMENT. Authorization by a property owner for the use by another, for a specified purpose, of any designated part of their property.
      EXTERIOR ARCHITECTURAL FEATURE. The architectural elements embodying style, design, general arrangement, and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color, and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
      FAMILY. One or more persons occupying a single-dwelling unit, providing that all members are related by blood, adoption, or marriage.
      HEALTH AUTHORITY. The local District Health Department or the State Department of Health and Welfare that has jurisdictional authority.
      HISTORIC, CULTURAL RESOURCE, OR LANDMARK SITE. A parcel or part thereof on which a cultural resource is situated, and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been designated a designated site pursuant to federal or state designation or this chapter.
      HISTORIC DISTRICT. Any area containing improvements which have a special character, historical interest, or aesthetic value or which represents architectural periods or styles typical to the history of the city, and which improvements constitute a distinct section of the city that has been designated a HISTORIC DISTRICT pursuant to federal or state designation or this chapter.
      HISTORIC LANDMARK OR CULTURAL RESOURCE STRUCTURE. Any improvement that has special historical, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the city, state, or nation and that has been designated pursuant to federal or state designation or this chapter.
      HOLDING ZONE. A zone designated to serve as a reservoir pending future designation of land use.
      HOME OCCUPATION. An occupation conducted entirely within a dwelling unit, subject to the required performance standards in § 156.079.
      HOTEL OR MOTEL AND APARTMENT HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a “dwelling, rooming house” (including boarding houses, lodging houses, and dormitories), which is separately defined in this section.
      IMPROVEMENT. Any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.
      INSTITUTION. Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.
      JUNK. Any material, such as metal, glass, paper, or other waste, that has ceased to serve the initial purpose for which it was designed. The sale of portions of the initial object to be used again in some form.
      JUNK BUILDINGS, JUNK SHOPS, JUNKYARDS. Any land, property, structure, building, or combination of the same on which junk is stored or processed.
      KENNEL. Any lot or premises on which four or more domesticated animals more than four months of age are housed, roomed, bred, boarded, trained, or sold, and which may offer provisions for minor medical treatment.
      LOADING SPACE, OFF-STREET.
         (a)   Space logically and conveniently located for both pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.
         (b)   Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in the 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. For the purposes of this title, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street or on an approved private street and may consist of:
         (a)   Single lot of record;
         (b)   A portion of a lot of record; and
         (c)   A combination of complete lots of record, or portion of lots of record.
      LOT COVERAGE. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally-projected area of the lot, expressed to the percentage.
      LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street shall be considered FRONTAGE, and yard shall be provided as indicated under the definition of yards in this section.
      LOT, MINIMUM AREA OF. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
      LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
      LOT TYPES. Terminology used in this chapter with reference to corner lots, interior lots, and through lots is as follows.
         (a)   CORNER LOT. A lot located at the intersection of two or more streets.
         (b)   INTERIOR LOT. A lot with only one frontage on a street.
         (c)   REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot.
         (d)   THROUGH LOT. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.
      MANUFACTURING, EXTRACTIVE. Any mining, quarrying, excavating, processing, storing, separating, cleaning, and marketing of any mineral natural resource.
      MANUFACTURING, HEAVY. Manufacturing, processing, including wood processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, and ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond a district boundary.
      MANUFACTURING, LIGHT. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements, such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
      MOBILE HOME. A structure transportable in one or more sections, and is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis, and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
      MOBILE HOME COURT OR TRAILER COURT.
         (a)   Land under single ownership designed for the temporary or permanent parking of three or more vehicles used for human habitation within a minimum lot area for each mobile home site which is less than the requirements for a single-family home and/or where an individual septic tank is not provided for each mobile home.
         (b)   MOBILE HOME PARK OR TRAILER COURT also includes a continuous parcel or land under single ownership where the density of mobile homes is over three per acre.
         (c)   MOBILE HOME PARK OR TRAILER COURT does not include land designated or designed for the display or sale of mobile homes.
      NATURAL RESOURCE ZONE. A zone designed to permit multiple uses in the rural areas of the county.
      NONCONFORMING USE. A building, structure, or use of land existing at the time of enactment hereof, and which does not conform to the regulations of the district in which it is situated.
      NURSERY, PLANT MATERIALS. Land, buildings, structures, or a combination thereof for the storage, cultivation, and transplanting of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping.
      NURSERY FOR CHILDREN. A place, home, or facility providing care for more than five children of preschool age.
      NURSING HOME, HOME OF THE AGED. A home or facility for the care or treatment of more than five pensioners or elderly people.
      OBJECT. A material thing of functional, aesthetic, cultural, symbolic, or scientific value, usually by design or nature movable.
      OPEN SPACE. An area substantially open to the sky which may be on the same lot with a building.
         (a)   The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, or any other recreational facilities that the Commission deems permissive.
         (b)   Streets, parking areas, structures for habitation, and the like shall not be included.
      PARKING SPACE, OFF-STREET. Consists of areas adequate for parking an automobile with room for opening doors on both sides, together with properly-related access to a public street or alley and maneuvering room, but should be located totally outside of any street or alley right-of-way.
      PERFORMANCE BOND OR SURETY BOND. A financial guarantee by a subdivider or developer with the city in the amount of the estimated construction costs guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
      PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public, such as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.
      PLANNED UNIT DEVELOPMENT. An area of land in which a variety of residential, commercial, and industrial uses developed under single ownership or control are accommodated in a preplanned environment with more flexible standards, such as lot sizes and setbacks, and those restrictions that would normally apply under these regulations.
      PRESERVATION. The identification, study, protection, restoration, rehabilitation, or enhancement of cultural resources.
      PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, and similar professions.
      PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility or by a railroad, whether publicly or privately owned, or by municipal or other governmental agencies, and including the furnishing of electrical, gas, rail transport, communication, and public water and sewage services.
      PUBLIC USES. Public parks, schools, and administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials.
      RESEARCH ACTIVITIES. Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering.
      RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, and lighting and drainage facilities, and may include special features (required by the topography or treatment), such as grade separation, landscape areas, viaducts, and bridges.
      ROADSIDE STAND. A temporary structure designed or used for the display of any product.
      SEATS. For purposes of determining the number of off-street parking spaces for certain uses, the number of SEATS is the number of seating units installed or indicated for each 24 linear inches of benches, pews, or space for loose chairs.
      SEMI-PUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.
      SERVICE STATION.
         (a)   Building and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made:
            1.   Sales and service of spark plugs, batteries, and distributor parts;
            2.   Tire servicing and repair, but not recapping or regrooving;
            3.   Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors, and the like;
            4.   Radiator cleaning and flushing;
            5.   Washing, polishing, and sale of washing and polishing materials;
            6.   Greasing and lubrication;
            7.   Providing and repairing fuel pumps, oil pumps, and lines;
            8.   Minor servicing and repair of carburetors;
            9.   Adjusting and repairing of brakes;
            10.   Minor motor adjustment, not involving removal of the head or crankcase or racing the motor;
            11.   Sales of cold drinks, packaged food, tobacco, and similar conveniences for service station customers, as accessory and incidental to principal operations;
            12.   Providing road maps and other informational material to customers; provisions for restroom facilities; and
            13.   Warranty maintenance and safety inspections.
         (b)   Uses permissible at a FILLING STATION do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
      SETBACK LINE. A line established by this chapter, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground, except as may be provided in this code.
      SIDEWALK. The portion of the road right-of-way outside the roadway which is approved for use of pedestrian traffic.
      SIGN. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
         (a)   SIGN, ILLUMINATED. Any sign illuminated by electricity, gas, or other artificial light, including reflecting or phosphorus light.
         (b)   SIGN, LIGHTING DEVICE. Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
         (c)   SIGN, OFF-PREMISES. Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where said sign is located.
         (d)   SIGN, ON-PREMISES. Any sign related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
         (e)   SIGN, PROJECTING. Any sign which projects from the exterior of the building.
      SPECIAL USE. A special use permitted within a district, other than a principally permitted use, requiring conditional use permit and approval of the Commission. Conditional uses permitted in each district are listed in the Official Schedule of District Regulations in §§ 156.050 through 156.061.
      STORY.
         (a)   The portion of a building included between the upper surface of any floor and the upper surface of the floor next above.
         (b)   Except that the topmost STORY shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
         (c)   If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50% of the total perimeter or is more than 12 feet above grade at any point, such basement or unused under-floor space shall be considered as a STORY.
      STORY, FIRST. The lowest story in a building which qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a FIRST STORY, provided such floor level is not more than four feet below grade, for more than 50% of the total perimeter, or more than eight feet below grade at any point.
      STREET. A right-of-way which provides vehicular and pedestrian access to adjacent property, a dedication of which has been officially accepted. The term STREET also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, and other such terms.
         (a)   ALLEY. Minor street providing secondary access to the back or side of a property otherwise abutting a street.
         (b)   ARTERIAL. A street designated on the Comprehensive Plan for the purpose of carrying fast and/or heavy traffic.
         (c)   COLLECTOR. A street designated on the Comprehensive Plan for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
         (d)   MINOR. A street which has the primary purpose of providing access to abutting properties.
         (e)   PRIVATE. A street that is not accepted for public use or maintenance; provides for vehicular and pedestrian access.
      STRUCTURE.
         (a)   Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground.
         (b)   Among other things, STRUCTURE includes buildings, mobile homes, walls, fences, and billboards.
      SUPPLY YARDS. A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
      TRAILER OR TRAVEL TRAILER. A structure transportable in one or more sections less than eight body feet in width or less than 32 body feet in length, which is built on a permanent chassis, and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
      USE. The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
      VARIANCE.
         (a)   A VARIANCE is a modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other provisions affecting the size or shape of a structure or the size of lots.
         (b)   A VARIANCE shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and upon the further showing that the variance is not in conflict with the public interest.
      VETERINARY ANIMAL HOSPITAL OR CLINIC.
         (a)   A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for their treatment, observation, and/or recuperation.
         (b)   It may also include boarding that is incidental to the primary activity.
      VICINITY MAP. A drawing which sets forth, by dimensions or other means, the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
      WALKWAY. A public way, four feet or more in width, for pedestrian use only, whether or not along the side of a road.
      WOOD PROCESSING.
         (a)   The sawing of logs, post and pole processing, hardwood and cedar products, and such operations associated with the industry.
         (b)   Not to include pulp mills, chipping plants, and creosote plants.
      WRECKING YARD. The dismantling or wrecking of two or more used motor vehicles, mobile homes, a trailers or the storage, sale, or dumping of dismantled, partially-dismantled, obsolete, or wrecked vehicles or their parts.
      YARD. An open space on a lot which is required by this chapter to be unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
         (a)   YARD, FRONT. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
         (b)   YARD, INTERIOR SIDE. A yard extending from the principal building to the side lot on both sides of the principal building between the lines establishing the front and rear yards.
         (c)   YARD, REAR. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
         (d)   YARD, STREET SIDE. A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards.
      ZONE. Providing for definitions of district relations.
      ZONING APPROVAL. Approval by the Administrator or that person designated assistant that the use is in compliance with the Zoning Map and this chapter.
(Prior Code, § 13-3-2) (Ord. 468, passed 4-15-1980)