Except as otherwise provided, all words used in this ordinance shall have their customary dictionary meaning. The present tense includes the future tense and the future tense includes the present tense. The singular number includes the plural and the plural includes the singular. The word "shall" is always mandatory.

Abutting means having a common border with, or being separated from such common border by an alley or easement.

Access means an entry to or exit from a property for use by a vehicle.

Accessory use means a use incidental to, subordinate to, and subservient to the main use of the property.

Acre means 43,560 square feet.

Adult bookstore, adult novelty store or adult video store means a commercial establishment which has significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial portion of its sales or display space to the sale or rental, for any consideration, of any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis or description of "specified sexual activities" or "specified anatomical areas";

2.

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use of themselves or others.

Adult bookstore, adult novelty store or adult video store shall also include a commercial establishment which regularly maintains one or more "Adult arcades". "Adult arcades" means any place to which the public is invited wherein coin operated or slug-operated or electronically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer patrons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing "specified sexual activities" or "specified anatomical areas."

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear semi-nude.

Adult motel means a motel, hotel, or similar commercial establishment which:

1.

Offers public accommodations, for any consideration, and which regularly provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" and which regularly advertises the availability of such materials by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets and

2.

Offers a sleeping room for rent for a period of time less than ten hours.

Adult motion picture theater means any commercial establishment where films, motion pictures, videocassettes. slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

Airport means property comprising Louisiana Regional Airport as recorded with the Official Clerk and Recorder for the Parish of Ascension, State of Louisiana on the effective date of this ordinance.

Airport elevation means currently 14 feet above mean sea level and upon the runway being extended, is projected to be 42 feet above mean sea level.

Alley means thoroughfare which is not more than 30 feet wide and which provides only a secondary access to abutting property.

Antenna means transmitting and/or receiving device for personal wireless service that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas, and satellite earth stations.

Apartment means a dwelling unit contained in a building of more than three dwelling units. Each dwelling unit has an entrance to a hallway or balcony in common with at least one other dwelling unit.

Appeal means a means for obtaining review of a decision, determination, order, or failure to act under the terms of this ordinance.

Applicant means the owner of the subject property, developer or agent subject to a fully executed agent's authorization form submitted in its approved form to Ascension Parish Planning and Development Department.

Approach means a section of roadway leading away from or towards an intersection.

Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 17-2036(D). In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones. These zones are set forth in section 17-2036(D): Airport zone height limitations.

Area of shallow flooding means a designated AO, AH, or VO Zone on a community's rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking had been completed in preparation for publication of the (FIRM), zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, VI-30, VE or V.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base site area means a calculated area as specified in section 17-2073(D)(3), residential density and lot requirements.

Board of adjustment means a board consisting of five members appointed by the Parish Council and as more fully defined in section 17-2090(O) of the Ascension Parish Development Code.

Bufferyard means a unit of land, together with a specified type and amount of planting and any fencing which may be required between land uses to minimize conflicts between them.

Building means a structure built, maintained, or intended for use as a shelter or enclosure of persons, animals, or property. The term includes any part of the structure. Where independent units with separate entrances are divided by party walls, each unit is a building.

Building, accessory means a building which is (1) subordinate to and serves a principal structure or principal use; (2) is subordinate in area, extent and purpose to the principal structure or use; (3) is located on the same lot as the principal structure or use; and (4) is customarily incidental to the principal structure or use. Any portion of a principal building which is devoted to an accessory use is not an accessory building.

Building front means that exterior wall of a building which faces the front lot line of the lot.

Building line means a line on a lot parallel to lot lines and the adjacent vehicle use corridor(s), located a sufficient distance there from to provide the minimum yards required by this ordinance. The building line delimits the area which buildings are permitted subject to all applicable provisions of this ordinance.

Building, principal means a building in which is conducted, or in which is intended to be conducted, the main and principal use of the lot on which it is located.

Chainwall means the exterior foundation wall used to elevate a structure above grade and provide support for the structure's exterior walls and floor system. The chainwall extends around the periphery of the structure and shall not be construed to include such items as driveways, courtyards, and loading docks.

Class A mobile homes include new mobile homes certified as meeting the most recent standards of United States Department of Housing and Urban Development's (HUD's) Mobile Home Construction and Safety Standards codes and approved as meeting "acceptable similarity" appearance standards for single-family housing, as determined by the Building Official.

Class B mobile homes include new mobile homes certified as meeting the most recent standards of HUD's Mobile Home Construction and Safety Standards code but not approved as meeting "acceptable similarity" appearance standards for single-family housing, as determined by the Building Official.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Controlling interest means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote 20 percent of more of any class of voting securities of a business. The ownership, control or power to vote 20 percent or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.

Density means a measure of the intensity of development. In this ordinance, density for residential development is calculated in terms of units per acre. The calculation for residential density is set forth in section 17-2073(D)(3). Density for commercial development is calculated as the gross floor area for each development project.

Developer means the legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase.

Development means the section of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; or any extension of any use of land or any clearing, grading, or other movement of land.

Director means the Director of the Department of Planning and Development, or their designee.

Distinguished or characterized by an emphasis upon (relating to adult business) means the dominant or principal theme or object described by such a phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description of "specified anatomical areas" or "specified sexual activities."

Drainage means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or the prevention or alleviation of flooding.

Dwelling means any building or portion of a building which is designated or used for residential purposes.

Easement means a property owner's authorization for another person to use the property.

Employ, employee, and employment describe and pertain to any person who performs any service on the premises of a sexually-oriented business, on a full time, part time, or contract basis, whether or not the person is denominated as an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Establish or establishment means and includes any of the following:

1.

The opening and commencement of any sexually-oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business; or

3.

The addition of any sexually-oriented business to any other existing business.

Exterior storage means outdoor storage of raw materials, equipment, products, or fuel.

Fence means a free-standing structure resting on or partially buried in the ground and rising above ground level used for confinement, screening, partitioning, or enclosures.

Flood or flooding is a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM) is an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard. and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles and water surface elevation of the base flood, as well as the flood boundary-floodway map.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood protection system means those physical structural works for which funds have been authorized, appropriated and expended, and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such as system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standard.

Floodplain is the area located in the 100-year floodplain as determined by the department of public works.

Floodplain or flood-prone area is any land area susceptible to being inundated by water from any source (see definition of "Flooding").

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodway (or protected floodway) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floor area means the sum of the gross floor area for each of a building's stories measured from the exterior limits of the faces of the structure. The floor area of the building includes the basement floor area. The floor area includes the attic only if it is habitable floor area.

Footprint means the area enclosed within the external walls or periphery of a structure. For elevated structures trailers, and mobile homes the footprint shall mean the vertical projection of the external walls to the ground surface.

Group home means a dwelling, operated under state regulations, that provides room and board for more than six individuals who, as a result of age, illness, handicap or some specialized program, require personalized services or supervised living arrangements in order to assure safety and comfort.

Guyed tower means a telecommunication tower that is supported, in whole or in part by guy wires and ground.

Habitable floor means any floor usable for the following purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor."

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Hearing officer means the President of the Ascension Parish Council or a designee of the president.

Heavy industrial is intended to accommodate high-impact manufacturing, compounding, processing, packaging, treatment and other industrial uses, including extractive and waste-related uses, that by their nature create a nuisance, and which are not properly associated with or are compatible with nearby residential or commercial neighborhoods.

Height. For the purpose of determining the height limits in all zones set forth in this section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Height of structure means the vertical distance measured from the lowest ground elevation to the highest point of the structure.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic site means a historic site is defined as a district, structure, building or site which is listed on the National Register of Historic Places and not classified as destroyed.

Historic site overlay zone means a historic site overlay zone shall consist of the historic site along with the immovable property to which it is attached, and extending outward from those property boundary lines 500 feet.

Home occupation means a business profession, occupation, or trade conducted for gain or support and located entirely within a residential building, or an accessory building, which use is accessory, incidental, and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of the building.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Industrial facility means any development within an industrially zoned (I) piece of property that is classified as a heavy industrial use.

Junkyard means any land or structure used for a salvaging operation, including but not limited to the storage and sale of wastepaper, rags, scrap metal, and discarded materials and the collection, dismantling, storage, and salvage of two or more unlicensed, inoperative vehicles.

Larger than utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Licensee means a person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually-oriented business license. In the case of an "employee," it shall mean the person in whose name the sexually-oriented business employee license has been issued.

Light industrial is intended to accommodate light manufacturing, research and development, warehousing, wholesale and processing uses. Light industrial is intended to encourage originality and flexibility in design to ensure that the development is properly related to its site and buffered to surrounding land uses. Development should be operated in a relatively clean and quiet manner in accordance with applicable noise ordinance regulations (Chapter 14, Article III of the Code of Ordinances) and should not be obnoxious to nearby residential or commercial uses. Uses shall create little or no environmental or safety problems.

Lot means a parcel of land undivided by any street of (or) private road and occupied by, or designated to be developed for, one building or principal use and the accessory buildings or uses customarily incidental to such building, use or development, including such open spaces and yards as are designed and arranged or required by this ordinance for such building, use, or development.

Lot area means the area contained with (within) the boundary lines of a lot.

Lot frontage means lot width measured at the street lot line. When a lot has more than one street of lot line, lot width shall be measured, and the minimum lot width required by this ordinance shall be provided, at each such line.

Lot line means a line bounding a lot which divides one lot from another or from a street or any public or private space.

Lot line, rear means that lot line which is parallel to and most distant from the front lot line of the lot; in the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line, shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street.

Lot line, side means any lot line other than a front or rear lot line.

Lot line, street means, in the case of a lot abutting only one street, the street line separating such lot from such street; in the case of a double-frontage lot, each street line separating such lot from a street shall be considered to be the front lot line, except where the rear yard requirement is greater than the front yard requirement in which case one of two opposing yards shall be a rear yard.

Lot of record means any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances, and regulations.

Lot width means the mean horizontal distance between the side lot lines measured at right angles to those side lot lines at the building line. Where there is only one side lot line, lot width shall be measured between such lot line and the opposite lot line or future right-of-way line.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of section 60.3 of the National Flood Insurance Program regulations.

Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

Manufactured home is defined as a single-family residential dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards. In addition, a manufactured home must meet the Ascension Parish Building Regulations, Chapter 6 of the Ascension Parish Code of Ordinances.

Manufactured Home Construction and Safety Standards means the standards for the construction, design, and performance of a manufactured home as set forth in the Code of Federal Regulations, Title 24, Part 3280, 3282, 3283, and 42 USC 5401, et seq. and as mandated in the United States of America and as administered by the United States Department of Housing and Urban Development, commonly referred to as the HUD Code.

Manufactured home park or subdivision, existing means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Manufactured home park or subdivision, new means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the Development Code of 2002 is enacted by the Parish Council.

Manufactured home subdivision means a subdivision which is primarily used by manufactured homes or which is designated as such.

Minimum floor elevation means the lowest elevation permissible for the construction, erection, or other placement or any floor, including a basement floor.

Mobile home is defined as a structure manufactured which was not required to be constructed in accordance with Manufactured Home Construction and Safety Standards, which is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and 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. The following shall not be included in this definition:

1.

Travel trailers, pickup coaches, motor homes, camping trailers or other recreational vehicles.

2.

Manufactured modular buildings, meeting the requirements of the Ascension Parish adopted building codes.

Monopole tower means a telecommunication tower consisting of a single pole or spire self supported by a permanent foundation constructed without guy wires and ground anchors.

Movement means any lane or turning lane within, approaching, or leading away from an intersection.

Nonconforming use means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or an amendment thereto.

Nonprecision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

Nudity or state of nudity means the showing of the male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 17-2036(D), airport zone height limitations.

On site means located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.

Operate or cause to operate means to cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of a sexually-oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually-oriented business whether or not that person is an owner, part owner, or licensee of the business.

Owner means the person or persons having the right of legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

Parcel means the area within the boundary lines of a development.

Person means individual, proprietorship, partnership, corporation, association, or other legal entity.

Person means an individual, firm, partnership, corporation, company, association, joint stock association or government entity; including a trustee, a receiver, and assignee, or a similar representative of any of them.

Precision instrument runway: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specifically prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in section 17-2036(C), airport zones. The elevation of any point on the primary surface is the same as the elevation of the nearest point to the runway centerline.

Public improvement means any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for such public needs as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility, and energy services.

Regularly features of regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as part of the ongoing business of the sexually-oriented business.

Restrictive, more (less) means a regulation imposed by this ordinance is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Self-support/lattice tower means a telecommunication tower that is constructed without guy wires and ground anchors.

Semi-nude or state of semi-nudity means the state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided that the areola and nipple are not exposed in whole or in part.

Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this section that the person appearing in a state of semi-nudity or semi-nudity did so in a modeling class operated:

1.

By a college, junior college, or university supported entirely or partly by taxation;

2.

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising indicates that a semi-nude individual is available for viewing; and

b.

Where in order to participate in a class a student must enroll at least three days in advance of the class.

Sexually-oriented entertainment activity means the sale, rental, or exhibition for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.

Single-family dwelling is a residence inhabited by a person or two or more persons who are related by blood, marriage or legal adoption, living together and occupying a single housekeeping unit with culinary facilities; or a residence not more than four persons (provided an owner lives on the premises) living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a non-profit, cost sharing basis.

Specified anatomical areas means human genitals, anus, cleft of the buttocks, or the female breast.

Specified criminal activity means any of the following offenses:

1.

R.S. 14:41-43.5 (rape and sexual battery offenses); R.S. 14:80-81.2 (sexual offenses affecting minors); R.S. 14:82-86 (offenses relating to prostitution); R.S. 14:104-106.1 (offenses concerning disorderly places and obscenity); R.S. 14:281-284 (operating places of prostitution, voyeurism); engaging in organized criminal activity relating to sexually-oriented business, specifically R.S. 14:230 (money laundering); R.S. 33:2845 (tax evasion); criminal contempt, conspiracy or solicitation to commit any of the foregoing offenses in other jurisdictions that, if the acts would have constituted any of the foregoing offenses if the acts had been committed in Louisiana; for which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed by the conviction, whichever is the later date, if the conviction is a misdemeanor offense;

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is for a felony offense; or

c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

2.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

Specified sexual activity means any of the following:

1.

Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy;

2.

Excretory functions as a part of or in connection with any of the activities describer in (1) above.

Stealth building-mounted antenna means antennas which are mounted on an existing structure with or without a mast and, which are painted to match the color of the exterior material of the structure and placed so as not to obscure any significant architectural feature of the structure.

Stealth facility means any telecommunication facility which is designed to blend into the surrounding environment.

Structure means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Subdivision means any subdivision or re-section of a subdivision, tract, parcel, or lot of land into two or more parts by means of mapping, platting, conveyance, change of rearrangement of boundaries. All subdivisions are also developments.

Telecommunications towers means a guyed, monopole or self support/lattice tower, constructed as a freestanding or guyed structure, containing one or more antennas used in the provision of commercial wireless services.

Transfer of ownership or control of a sexually-oriented business means any of the following:

1.

Sale, lease, or sublease of the business;

2.

The transfer of securities which constitute a controlling interest in the business whether by sale, exchange or similar means; or

3.

The establishment of a trust, gift, or similar legal device which transfers the ownership or control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing ownership or control.

Transitional surfaces. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

Tree means any object of natural growth.

Underdeveloped means as compared to zoning, density, and allowed land uses, the current use of a property is less than 50 percent than the full buildout potential of the site. For purposes of this definition, underdeveloped shall refer only to lots or properties that could be legally subdivided pursuant to the standards of this ULDC.

Use means the purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, accessory means an accessory use in one which (1) is subordinate to and serves a principal structure or principal use, (2) is subordinate in area, extent, and purpose to the principal structure or use served, (3) is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this ordinance, and (4) is customarily incidental to the principal structure or use.

Use, principal means the specific primary purpose for which land is used.

Use, temporary means a temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

Variance means permission to depart from the literal requirements of this ordinance granted pursuant to article 4, administration and enforcement.

Vehicle use corridor means an area of land designated for vehicular use not specific to the property on which it is located. A vehicle use corridor may be a public or private servitude or right-of-way.

Viewing room means the room, booth, or area where a patron of a sexually-oriented business would ordinarily be positioned while watching a film, videocassette, or other video production.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

Yard, front means a yard extending the full width of the front of a lot between the vehicle use corridor and the front building line.

Yard, rear means a yard extending the full width of the lot in the area between the rear lot line and the rear building line.

Yard, side means a yard extending the full length of the lot in the area between a side lot line and a side building line.

(DC03-01, 1/9/03; DC05-02, 5/5/05; DC07-02, 8/16/07; DC09-04, 5/21/09; DC09-07, 11/19/09; DC09-08, 11/19/9; DC09-09, 12/17/09; Ord. of 4-27-2022(1))