For purposes of this code certain words and phrases require specific definition of meaning. Words and phrases used in the present tense include the future; the singular word includes the plural as well as the singular.

1. Affected area. Affected area, for the purpose of noticing requirements set forth in Utah Code 63G-30-101 et. seq., means property located within five hundred (500) feet of the subject property.
2. Agriculture. Agriculture shall mean the growing of soil crops in the customary manner in open fields and in enclosed greenhouse structures. It shall not include livestock raising activities.
   
3. Ancillary commercial structures. Any building and appurtenant facilities and areas, located on the same lot occupied by a primary commercial structure but not a part thereof, and utilized for the sale of goods and/or services.
4. Animal unit. An animal unit shall be one or a proportionate combination of the following:
   1. One cow (bovine), horse (equine), or similar large animal.
   2. Four adult sheep or feeder lambs.
   3. Four goats.
   4. Four llamas or alpacas.
   5. Twenty chickens.
   6. Thirty pigeons or similar small fowl.
   7. Thirty rabbits or similar small animals.
      For types of animals not specified above, the board of adjustment shall determine the number which shall constitute an animal unit; except that, for purposes of compliance with this code, pig (porcine) and mink are specifically excluded from consideration as part of an animal unit for the purpose of determining compliance, said definition shall not include the unweaned offspring less than six months old of any residing animal.
5. Apartment house. See dwelling - multiple-family.
6. Assisted living facility. A residential facility, conforming to the requirements of the state division of human services or successor agency, as a type I or type II facility, occupied or intended to be occupied by two or more elderly persons and providing assistance with "activities of daily living" and social care to residents.
7. Activities of daily living. The term activities of daily living shall include the following activities:
   1. Dressing;
   2. Eating;
   3. Grooming;
   4. Bathing;
   5. Toileting;
   6. Ambulation;
   7. Transferring; and
   8. Administration of medication.
8. Alley. A narrow drive aisle, primarily for vehicular service access to the back or side of properties otherwise abutting on another street, common area or public space.
9. Accessory apartment. A subordinate dwelling, which has its own eating, sleeping and sanitation facilities within a one-family dwelling.

(Ord. No. 84-11-29; Ord. No. 01-04-20; Ord. No. 01-05-23; Ord. No. 2012-02-05, pt. I(§ 5), 2-28-2012; Ord. No. 2016-06-31, pt. I, § 3, 6-14-2016)

1. Batching apartment. A dwelling unit occupied by four or more unrelated individuals.
2. Boarding house. A dwelling containing not more than one kitchen where, for compensation, meals are provided pursuant to previous arrangements on a daily, weekly, or monthly basis as distinguished from a hotel, café, or rooming house.
3. Body art establishment. A place or premises where the practices of body art are had, whether or not for profit, all as set forth under Ordinance 2009-03-12 and Ordinance 2009-8-30.
4. Bio-diesel production. The production of diesel fuel from vegetable oil, including but not limited to waste vegetable oil, or animal fat which have been chemically altered by distillation, transesterification or similar process.
5. Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
   1. Building, accessory. A subordinate building, the use of which is incidental to that of the main building.
   2. Building, main. One or more of the principal buildings upon a lot. Garages, carports, and other buildings which are attached to a dwelling or other main building or which are situated within ten feet of a main building shall be considered as a part of the main building.
   3. Building, public. A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its subdivisions.

(Ord. No. 09-08-23; Ord. No. 2009-08-30, 8-11-2009)

1. Carport. A structure not completely enclosed by walls for the shelter of automobiles.
2. Common area. An area designated to serve two or more dwelling units in separate ownership with convenient access to the area.
3. Comprehensive plan (master plan, general plan) A coordinated plan which has been prepared and adopted for the purpose of guiding development, including but not limited to a plan or plans of land use, resources, circulation, housing, and public facilities and grounds.
4. Conditional use. A use which has been specifically permitted by the terms of this code and which required special consideration by the board of adjustment, planning commission, or city council before a permit therefor may be issued.
5. Condominium. The ownership of a single unit in a multi-unit project together with an undivided interest in the common areas and facilities of the property.
6. Condominium project. A plan or project whereby two or more units, together with an undivided interest in the common area or facility, are separately offered or proposed to be offered for sale. This definition shall apply to existing or proposed apartments, commercial or industrial buildings or structures. Condominium project shall also mean the property when the context so requires.
7. Corral. An area enclosed by a fence or other barrier used for the confinement of livestock for which the primary source of food is provided from other than grazing of grass or herbage growing on the site.
8. Congregate living unit. A residential dwelling, occupied or intended to be occupied by elderly persons who may require assistance with one or more activities of daily living, in a multi-unit apartment or condominium setting, having common dining and social areas and having meals prepared by staff for the residents. Congregate living units may also include kitchenettes in the private areas.

(Ord. No. 01-04-20; Ord. No. 01-05-23)

1. Day-care center. A dwelling unit wherein ordinary care and supervision are provided during customary day-time periods by the resident family to non-related persons. To qualify, said dwelling must be approved by the state division of social services or other appropriate state agency.
2. Density. The term density shall mean the number of dwelling units per acre of land.
3. Depth of lot. the distance between the front lot line and the rear lot line as measured at a right angle from the center of the front lot line or, in the instance of a curved front lot line, at a right angle to the point of tangency at the center of the front lot line.
4. Documentation-declaration. The legal instruments required under the provisions of this code and applicable state law for approval of large scale development.
5. Drive Aisle. Travel-way through or between units on one lot, not amounting to an alley or parking lot.
   
6. Drive-in, retail. Any form of merchandising, serving or dispensing of goods in which the customer is serviced while in his automobile.
7. Dwelling.
   1. Dwelling unit. One or more rooms in a building designed for living purposes (bathing, eating, and sleeping) and occupied by one family.
   2. Dwelling, one-family. A detached residence designed for or occupied by one family.
   3. Dwelling, two-family. A building containing two dwelling units.
   4. Dwelling, multiple-family. A building containing three or more dwelling units.
   5. Dwelling, caretaker's. A dwelling which is occupied by an individual or family whose livelihood is derived primarily from watching or taking care of a farm, industry or other use which is located on the same premises as the dwelling.
   6. Dwelling—Conventional construction. A dwelling which is constructed in compliance with the provisions of the Uniform Building code, Uniform Mechanical Code, National Electric Code, and State Plumbing code as adopted by the city.
   7. Dwelling—Factory built. A dwelling that is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. For purposes of this code the term factory built dwelling consists of three types: modular housing, manufactured housing and mobile home.

(Ord. No. 94-08-31; Ord. No. 92-12-48)

1. Elderly person. A person who is sixty years of age or older who desires or needs to live with other elderly persons but who is capable of living independently.
   

1. Family. For purposes of compliance with the terms of this title, a family shall be one of the following:
   1. Two or more persons related by blood, marriage or adoption and not more than two unrelated persons (i.e. foster care, exchange student) living together in a single dwelling unit; or
   2. Up to four unrelated individuals living together in a single dwelling unit; or
   3. More than four unrelated individuals living together in a single dwelling unit (group housing arrangement) which group housing arrangement is specifically exempted from compliance with either subsection A. or B. above pursuant to the terms of the Utah Fair Housing Act or Federal Fair Housing Act and has been designated/licensed as such by an agency the State of Utah (i.e. residential facility for disabled person, residential facility for elderly persons, residential health care facility).
      The definition of a family shall not be construed to mean more than four non-related individuals living together in a single family dwelling such as a fraternity, club, institutional group, treatment facility, half-way house, etc. not specifically identified as a protected class as provide under paragraph C.
2. Family care home—Residential facility for handicapped persons. A single family dwelling occupied on a twenty-four-hour basis by eight or less handicapped persons in a family type arrangement under the supervision of house parents or a manager. In order to qualify the facility shall be operated or licensed and regulated by the appropriated state agency.
3. Fence, sight-obscuring. A fence having a height of at least six feet above grade which permits vision through not more than ten percent of each square foot more than eight inches above ground.
4. Final plat—Record of survey map. A plat or plats of survey of land within a subdivision or other large scale development, which has been prepared in accordance with applicable city standards and/or state statutes for the purposes of recording in the office of the county recorder.
5. Flood, one-hundred-year. A flood, the magnitude of which will probably occur only once in one hundred years.
6. Flood channel. A natural or artificial water course with definite bed and banks to confine and conduct flood water.
7. Floor area. The sum of the areas of the several floors of the building, including basements, mezzanines, and penthouses of headroom height (six feet), measured from the exterior walls or from the center line of walls separating buildings. The floor area does not include unoccupied features such as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc.
8. Foster care home. A dwelling unit wherein room board, care, and supervision are provided by the resident family under the approval and supervision of the state division of social services or other placement agency licensed by the state to provide for children who are unrelated to the resident.
9. Fence. Any constructed tangible barrier, lattice work, screen, wall or any continuous growth of shrubs, vines trees or other vegetative material.
10. Fence, tall. Any fence having a height of more than 48 inches.

(Ord. No. 85-02-06; Ord. No. 2011-07-20, pt. I(§ 1), 7-12-2011; Ord. No. 2011-10-26, pt. I(§ 2), 10-25-2011)

1. General retail stores and shops. This term shall mean and include structures occupied and used for the purpose of displaying commodities or of housing facilities for the providing of personal and professional services to the public in the customary manner. Typical of the uses are supermarkets, convenience goods stores, drug and variety stores, discount stores, hardware, garden and home supply stores, barber shops, banks, and automobile service stations. The definition shall also be construed to include incidental accessory structures and parking areas and the incidental display of commodities outside the structure (i.e. plants at a garden store), but shall specifically exclude automobile salvage and wrecking yards and areas used for the long term storage of heavy equipment and materials in the open.
2. Grade of building.
   1. For buildings fronting one street only: The elevation of the sidewalk or center line of street, whichever is higher, at right angles to the midpoint of the fronting walls.
   2. For buildings fronting on more than one street: The average of the elevations of the sidewalk or center line of street or from the midpoint of the fronting walls.
   3. For buildings having no walls fronting the streets: The average level of the sidewalk or center line of surrounding streets, whichever is higher.
3. Grade of streets and driveways. Grade shall mean the ratio of vertical distance to horizontal distance along such a street or driveway expressed in either percentage or degree.
4. Guest. A person staying or receiving services for compensation at a hotel, motel, boarding house, rooming house or rest home, or similar use.

(Ord. No. 85-08-19)

1. Handicapped person. A person who has a severe, chronic disability attributable to a mental or physical impairment, or combination thereof, which is likely to continue indefinitely and which results in substantial functional limitation in three or more of the following areas of major life activity: self care, receptive and expressive language, learning mobility, self-direction, capacity for independent living, or economic self-sufficiency; and who requires a combination or sequence of special inter-disciplinary or generic care, treatment or other services that are individually planned and coordinated.
2. Home occupation. Any occupation conducted within a dwelling and carried on by persons residing in the dwelling.
3. Host structure. The primary commercial structure on a lot containing and providing essential area, access, rest room sanitation, and other required elements and services to an ancillary commercial establishment.
4. Household pets. Animals or fowl customarily permitted within the house and kept for company or pleasure, such as dogs, cats, and canaries, but not including a sufficient number of dogs to constitute a kennel.

(Ord. No. 2-5-30A; Ord. No. 84-11-29; Ord. No. 85-02-06; Ord. No. 11-25-80)

1. Independent living unit. A residential dwelling, occupied or intended to be occupied by elderly persons not requiring assistance with activities of daily living in a multi-unit or condominium setting, and including a kitchen in each living unit.
2. Information brochure. A written statement setting forth the organizational structure of a home owners association, and the rights and obligations of the developers, home owners associations, lot owners and the city.

(Ord. No. 01-05-23)

1. Junk yard, salvage yard. A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, 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 places where such uses are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing operations conducted on the premises.
   

1. Kennel. The use of land or buildings in the keeping of three or more dogs at least four months old.

(Ord. No. 2-5-30-A; Ord. No. 11-25-80)

1. Landscaping. Landscaping shall mean the use and integration of a combination of planted trees, shrubs, vines, ground covers, lawns, rocks, fountains, pools, art works, screens, walls, fences, benches, or surfaced walkways set into an aesthetically pleasing arrangement as determined by the planning commission or their authorized representatives. However, the use of structures or surfaced walkways alone, in the absence of planted trees, lawns, etc., shall not meet the requirements of this title.
2. Land use plan. A plan adopted and maintained by the city planning commission, which shows how the land should be used - an element of the comprehensive plan.
3. Living area. Those portions of a dwelling having a headroom height of not less than seven feet and used for customary living activities. For purposes of this code the term "living area" shall not include those portions of a dwelling intended for parking of vehicles, unenclosed porches, or storage areas having access only from the outside.
4. Livestock management area. All portions of a lot devoted exclusively to the care and keeping of livestock, including but not limited to, barns, sheds, pens, coops, corrals paddocks, and pastures, but not including any portion of a parcel devoted to a dwelling, yard, garden, parking area or un-utilized open area.
5. Lodging house. a building containing sleeping rooms that are rented to guests on a daily or weekly or monthly basis.
6. Lot.
   1. Lot corner. A lot abutting on two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees.
   2. Lot interior. A lot other than a corner lot.
7. Lot line.
   1. Lot line, front. The front boundary line of a lot bordering on the street.
   2. Lot line, rear. A lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or gore shaped lot, the rear lot lien shall be a line within the lot, parallel to and at the maximum distance form the front lot line, having a length of at least ten feet.
   3. Lot line, side. Any lot boundary line not a front lot line or a rear lot line.
8. Low power radio service antenna facility. An unmanned structure consisting of equipment used for the transmission, reception or transfer of voice or data through radio wave (wireless) transmissions.

(Ord. No. Ord. No. 94-08-31; Ord. No. 96-05-21; Ord. No. 01-04-20)

1. Manufactured housing. A factory built dwelling intended for installation or assembly at a building site and constructed in compliance with standards adopted pursuant to the Federal Manufactured Housing Construction and Safety Standards Act of 1954 (HUD Code).
2. Major commercial development. A development project containing only retail commercial and service establishments serving the general public. To qualify as a major commercial development the project must conform to the following criteria:
   1. The project shall have been approved as a planned commercial development or planned shopping center development in accordance with the provisions of Section 17.7.601 or Section 17.7.602 as applicable.
   2. The project shall have a minimum project area of twenty acres and a minimum area developed or in the process of being developed of ten acres or more.
   3. The project shall include one or more individual business establishments having more than eighty thousand square feet of retail floor area.
3. Marina facility. The boat launching ramps, docks, parking areas, picnic and other facilities located at the American Fork Boat Harbor, owned and/or operated by American Fork City and available for use by the public.
4. Marina facility support project. A type of large scale development providing facilities located on lands adjacent to the American Fork Marina, which facilities augment the facilities provided by the American Fork City at the marina, and which are available for use by owners and guests, including one or a combination of the following activities (but not limited to): boat launching ramps, boat storage areas, day use off-street parking areas, picnic and camping areas; facilities for supplemental recreation facilities such as golfing and horseback riding; and incidental commercial uses (pavilions for group gatherings, food sales, dining, lodging - short term occupancy only, retail sale of related goods - gasoline, fishing materials, etc.) when included as an integral part of and incidental to the marina or other approved use.
5. Master plan. See comprehensive plan.
6. Mobile home. A factory built dwelling designed to be used as a year-round residential dwelling and built prior to or not in compliance with the standards adopted pursuant to the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
7. Mobile home park. An area or tract of land used to accommodate two or more mobile homes.
8. Modular housing. A factory built dwelling constructed in accordance with the provisions of the Uniform Building Code.

(Ord. No. 94-08-31; Ord. No. 07-01-04)

1. Nonconforming building or structure. A building, or structure, or portion thereof which does not conform with the current setback, height or other zoning regulations applicable to the structure, but which legally existed before the effective date of the now controlling regulations.
2. Nonconforming lot of record. a parcel of land which does not conform to the area, frontage, and/or width requirements for a zoning lot, but which was shown on the records of the county recorder as an independent lot prior to the effective date of the now controlling provision.
3. Nonconforming use. A use of land that:
   1. Does not conform with the current zoning regulations applicable to the use, but which legally existed before the effective date of the now controlling regulations; and
   2. Has been maintained continuously since the time the zoning regulations governing the use changed.

(Ord. No. 95-09-35)

1. Office/warehouse. A building containing separate units, each including a combination of office and warehouse space wherein: (1) the activity of the business does not include the on-site sale of goods and services at retail, and (2) the warehouse portion occupies more than fifty percent of the total floor area of the building, or any unit within the building, and is used for storage of materials or fabrication of products utilized in the conduct of the business activity of the office portion.
2. Off-site. Shall mean of or pertaining to the territory outside of the boundaries of a particular project.
3. Off-street parking area, commercial. That portion of a commercial or industrial project area utilized to accommodate the parking of vehicles of employees and patrons, but not including areas used for the parking or storage of goods, merchandise, equipment or motor vehicles used in the conduct of the commercial or industrial activity.
4. On-site. shall mean of or pertaining to the territory within the boundaries of a particular project.
5. Open space. Land which is open from the ground upward and which is not covered by dwellings or other buildings, or by pavement or other impervious material.
6. Open space preservation agreement. An agreement between the city and a property owner in which the property owner agrees for himself and his successors and assigns to refrain from constructing dwellings and other buildings on a specific parcel of land for a specific period of time.
7. Open space easement. The right or privilege to preserve a specific parcel of land in open space.
8. Outside storage. An area, outside a fully enclosed building, used for the storage of materials and equipment associated with and on the same lot as a primary use within the zone district. This includes items such as lumber, construction materials, equipment and vehicles actively used in the conduct of the primary business, but not including the storage of inoperable vehicles or equipment or a vehicle impound yard.
9. Overhead lattice structure. A structure consisting of a horizontal lattice and the appurtenant vertical support members. (See also privacy screens.)

(Ord. No. 6-81-25; Ord. No. 09-11-37; Ord. No. 08-02-16; Ord. No. 2013-05-17, § 3, 5-14-2013)

1. Parking space. A space, not less than twenty feet in length and not less than eight and five-tenths feet in width for the parking of a mobile vehicle, exclusive of driveways and ramps.
2. Parking lot. A designated area of property, the primary purpose shall be the parking of motor vehicles for short duration, which vehicles are typically in use, but are temporarily parked until again shortly (twenty-four hours or less) put into service, and containing parking spaces, maneuvering lanes, ingress and egress drives to the public streets and loading areas.
3. Person. An individual, corporation, partnership, association, trustee, or other legal entity.
4. Permitted use. A use of land, building, or structure which is allowed within a zone under the terms of this code.
5. Pasture. An area confined by wire, wood or other fence structure used for the confinement of livestock for which the primary source of food is obtained from the grazing of grass or herbage growing on the site.
6. Planned unit development. A tract of land which is planned and developed as a single entity and wherein part of the land facilities is held in common.
7. Planting plan. A plan showing the location and dimensions of plants, irrigation equipment, curbs and other protective features around the edge of the planting beds and the location and species of plants to be planted.
8. Premises. A zoning lot together with buildings and structures located thereon.
9. Pre-school—Child-care nursery. The providing of care, supervision and/or instruction on a consistent, on-going basis, to four or more children under the age of twelve, not related to the teacher or operator. This definition shall also include the structure, or portion thereof used in the conduct of the above activity, when the context so requires. This definition shall be construed to include day-care centers, nursery school, baby sitting service and similar termed uses providing substantially similar child care services. Provided however, this definition shall not be construed to include an assemblage of children when conducted as an integral part of the regular program of a church or school or other use permitted in the zone.
   1. Pre-school or child-care nursery, residential. A pre-school or child-care nursery which is conducted within a dwelling.
   2. Pre-school or child-care nursery, quasi-public. A pre-school or child-care nursery conducted within a church and operated or sponsored by the institution owning the structure.
10. Privacy screen. A sight obscuring fence, wall, hedge, or similar device which is located within the required front or side yard area of a lot adjacent to a street and which is more than forty-two inches in height.
    1. Privacy screen, structural. A privacy screen in which any part is constructed (i.e. fence or wall).
    2. Privacy screen, vegetative. A privacy screen composed entirely of live vegetation, (i.e. hedge).
11. Public agency senior housing project. A housing development project, owned and maintained by the Utah County Housing Authority and occupied by individuals who are sixty years of age or older and approved for occupancy by the authority.
12. Public parks and playgrounds. Shall mean a tract of land which is owned by the public and which has been partially or totally developed or designated for recreational purposes.

Ord. No. 6-81-2-5; Ord. No. 85-02-06; Ord. No. 91-06-07; Ord. No. 01-04-20; Ord. No. 09-01-03; Ord. No. 09-11-37)

1. Recreation vehicle. A vehicle used or maintained primarily as a temporary dwelling for travel, vacation, or recreation purposes; having a width of not more than eight feet and a length of not more than forty feet, and which can be driven or pulled upon the highways without a special permit.
2. Recreation or vacation vehicle court. An area or tract of land used to accommodate two or more vacation vehicles or camper units for a short period of time (less than thirty days).
3. Required yard. The yard resulting from the application of the minimum setback requirements within the zone.
4. Residential accessory structure. A building or other structure which is incidental to and which is constructed on the same zoning lot as the dwelling for the exclusive use of the residents of such dwelling, including, but not limited to, a detached garage or carport for not more than three automobiles, swimming pools, pergolas, tennis courts, and private green houses.
5. Residential health care facility. A dwelling occupied on a twenty-four-hour a day basis by two or more unrelated elderly persons in a family-type arrangement under the supervision of a house family or manager and operated and maintained for the purpose of providing assistance with "activities of daily living" and social care to said elderly persons. To qualify, the structure shall be approved as a limited capacity facility or assisted living — level I (small facility), as authorized pursuant to Section 26-21-2(5) Utah Code Annotated, 1953, as amended, and further defined by rules adopted by the Utah Department Health, or its successor agency.
6. Residential facility for elderly persons. A dwelling occupied by elderly persons in a family type arrangement, that conforms to the minimum standards of Section 17.6.108.A. of this code. This definition shall not be construed to include a health care facility as defined under UCA 26-21-2.
7. Rest home. A dwelling for the care and keeping of elderly or infirm people affected with infirmities or chronic illness. To qualify said dwelling unit must be approved to operate by the state division of social services or other state agency.
8. Retail and service commercial. A building containing a combination of retail or service commercial wherein the retail or service commercial portion: (1) occupies more than eighty percent of the total floor area of the building, or any unit within the building, and (2) is used for the display of materials used in the business or is otherwise used in the conduct of the business activity of the retail or service commercial portion.

(Ord. No. 08-02-16; Ord. No. 01-10-52)

1. Salvage yard. See junk yard.
2. Schools:
   1. Public and parochial schools. Structures and ground housing an educational institution accredited by the State of Utah as a primary or secondary school, and operated by a public agency or a religious or private organization. Provided that this definition shall not be construed to include correctional or boarding schools.
   2. Correctional school. A public or parochial school or similar institution providing instruction and/or custody on either a twenty-four-hour or daytime only basis to individuals who are placed in or attend the institution as part of or in-lieu of confinement in a custodial or correctional institution or for the purpose of providing treatment and/or rehabilitation for drug use or antisocial behavior.
   3. Boarding schools. A public or parochial school or specialty school containing facilities for both education and domiciling of students attending the school. This definition shall not include correctional schools.
   4. Private home/charter school. Structures and grounds housing an educational institution providing a course of study for primary and/or secondary age children which conforms to the core curriculum requirements of the state department of public education. Provided, that this definition shall not be construed to include correctional or boarding schools.
   5. Specialty schools. Structures used for the teaching of dance, music, art, crafts and similar skills with or without the incidental sale of equipment and supplies related to the skills taught.
3. Self service storage facility (mini-warehouse). A building or group of buildings containing individual stalls, lockers or areas, in a controlled access compound, which are rented or leased to different tenants and used for the storage of goods and wares.
4. Senior housing development project. A residential development project, approved in accordance with the procedures and standards of Section 17.7.506, and occupied, operated and maintained for the purpose of providing housing for elderly persons.
5. Setback. The shortest distance between the property line and outside surface of the foundation, wall, or main frame of the building.
6. Sign—General definition. Any device designed and intended to bring the subject thereof to the attention of the public; provided, however, that the following shall not be included in the application of the regulations herein: (1) flags or insignia of any government, except when displayed in connection with a commercial promotion; (2) legal notices, traffic regulation signs, and signs used for identification of public structures and facilities and informational purposes, when erected by a governmental body; and (3) signs directing and guiding traffic and parking on private property but bearing no advertising matter.
   1. Accessory sign. A sign which directs attention to merchandise, service, business or profession conducted on the premises of the sign's location.
   2. Sign face area. That area enclosed by one continuous line connecting the extreme points or edges of those portions of a sign containing text, lighting or logo, together with any frame or material which forms an integral part of the display, but not including the necessary support uprights on which the sign is placed. Where the sign consists of open letters or symbols, the area shall be considered to be that of the smallest parallelogram or triangle which encompasses all the letters or symbols. The area shall be determined using the largest silhouette useable at any one time. Free-standing or projecting signs having parallel planes not more than twenty-four inches apart shall be considered as a single sign both as to number and area.
   3. Banner signs. Any sign made of cloth, plastic or similar fabric material, with no enclosing framework, that is mounted to a pole or building.
   4. Canopy sign. Any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
   5. Electronic display sign. Any sign, or portion thereof, that displays electronic images, graphics or pictures, with our without textual information. Such a sign has the capability of being changed or altered by electronic means on a fixed display screen composed of a series of lights including light emitting diodes (LEDs), fiber optics, plasma displays, light bulbs, or other illumination devices within the display area where the message is displayed. Electronic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic display signs shall be subject to the following:
      1. All electronic displays shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with natural ambient light conditions at all times. No electronic display shall exceed a brightness level of more than three-tenths foot candles above ambient light as measured using a foot candle (lux) meter, perpendicular to the electronic display sign face at a distance determined by the size of the sign face and called out on Chart 17.5.128-E. Prior to the issuance of any permit for an electronic display, the owner shall provide the city with a certification from the sign manufacturer stating that the sign is capable of complying with the above brightness provisions.
      2. The images and messages displayed must be static, and the transition from one message to another must be instantaneous with no special effects.
      3. Electronic display signs shall not include animation, full motion video, flashing, strobing, racing, blinking, changes in color, fade in or fade out in any manner imitating movement, or any other means not providing constant illumination.
      4. Each message shall be illuminated for at least five seconds before transitioning to a new message, unless located on a non-accessory sign or billboard, on which each message shall be illuminated for at least eight seconds.
      5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.
      6. Free-standing pylon sign. An accessory sign, not attached to or part of a building, and having a height greater than nine feet.
      7. Free-standing monument sign. An accessory sign, not attached to or part of a building, and having a height of nine feet or less.
      8. Facia sign. A sign attached to or erected against a wall or building with the face parallel to the building wall.
      9. Non-accessory sign/billboard. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises, if at all.
      10. Portable sign. A sign not permanently attached to the ground or building or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; T-frame signs; balloons used as signs; banner signs; and signs attached to, displayed upon or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operation of the business.
      11. Projecting sign. A sign attached to a building or other structure and extending in whole or in part more than fifteen inches away from the wall of the building or structure.
      12. A-frame sign. A self-supporting, portable sign with one or two faces that are adjoined at the top and displayed at an angel, which is not permanently anchored or secured and designed to be placed upon a sidewalk.
7. Slope. The average grade of the surface of land expressed either in percentage or in degrees.
8. Special exception. See conditional use.
9. Story. That portion of a building included between the surface of the floor and the ceiling next about it.
10. Street, major. A road which has been designated on the city's master plan as a collector, arterial, or other principal thoroughfare as distinguished from a minor street.
11. Street, minor. Any dedicated street serving as the principal means of access to property, which street is not shown on the major street plan as a principal thoroughfare.
12. Street, public. A roadway which has been designated as a federal or state highway or which has been designated as a city street.
13. Structural landscape area. That portion of the required side or front setback area in which privacy screens and overhead lattice structures are permitted.
14. Structure. Anything constructed or erected which is either located on the ground or attached to something having a location on the ground.
15. Subdivision. A tract, or lot, or parcel of land which has been divided into two or more lots, plots, sites, or other division of land for the purpose, whether immediate or future, of sale or of building development. All large scale developments involving the division of land shall be deemed to be subdivisions.

(Ord. No. 6-81-2-5; Ord. No. 85-01-06; Ord. No. 85-02-06; Ord. No. 90-06-07; Ord. No. 01-04-19l Ord. No. 01-06-32; Ord. No. 02-05-16; Ord. No. 2013-03-10, pt. I, 3-26-2013; Ord. No. 2013-05-16, § 6, 8-14-2013)

1. Temporary uses. Uses which are proposed to exist for a relatively short period of time.
2. Tender. An offer or proposal made for acceptance.
   

1. Unnecessary hardship. A general restriction placed upon a lot with respect to setback or area where, by reason of exceptional narrowness, shallowness, shape or topography of such lot, a literal enforcement of the general restrictions would result in an unfairness to the owner compared to the owners of other lots in the same zone and which literal enforcement would be unnecessary in order to achieve the intent of the zone.
   

1. Variance. A reduction of a frontage, setback, area, or improvement requirements to a level which is less than that which is specifically set forth in this code.
2. Vehicle impound yard. An area used for the temporary storage of vehicles that have been removed or impounded from public or private property at the discretion of a peace officer or judicial decree as prescribed by law.

(Ord. No. 2013-05-17, § 4, 5-14-2013)

1. Warehouse. A building or group of buildings used for the storage of goods and wares of a single tenant or, if occupied by more than one tenant, where all the individuals stalls or lockers contain more than one thousand square feet.
2. Warehouse, wholesale. A building in which goods, merchandise, or equipment are stored for eventual distribution, but not including a storage yard.

(Ord. No. 90-06-07; Ord. No. 08-02-16)

1. Yard. The open space area on a lot or parcel, except for permitted projections and landscaping; encompassing the territory between the outer wall of the building and the closest opposite property line and extending the full width or depth, as appropriate, of the lot or parcel.
2. Youth group housing facility. A dwelling occupied on a twenty-four-hour a day basis by three or more unrelated persons under the age of eighteen in a family-type arrangement under the supervision of a house family or manager. To qualify the structure and supervision program shall have been approved by the department of social services.
   

1. Zoning lot. A parcel of land which:
   1. Complies with all area, frontage, depth, and other lot requirements applicable to lots within the zone district, or qualifies as a nonconforming lot of record; and
   2. Abuts upon and has direct access to a city street, which street: (1) has been accepted by the city council and has been improved in accordance with city standards and is in use by the public, or (2) abuts upon a private travelway within an approved large scale development; and
   3. Is (1) shown as a separate lot in an approved subdivision plat or large scale development plan, which plat or plan has been approved by the city in accordance with the applicable ordinances, or (2) exempted from compliance with said ordinances.
2. Zone clearance officer. That person(s) or department designated by ordinance or council action to review requests for building permits and/or business licenses for conformance with the terms of the development code.
3. Zoning administrator/code enforcement officer. That person(s) or department designated by ordinance or council action to enforce violations of the development code.

(Ord. No. 07-02-08; Ord. No. 2011-07-20, pt. I(§ 2), 7-12-2011)