Interpretation of terms or words: For the purposes of this title, certain terms or words used herein shall be interpreted as follows:

(A)

The words "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(B)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(C)

The words "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

(D)

The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."

(E)

The words "lot" includes the words "plot" or "parcel."

(F)

Definitions for specific words not defined herein—An American English dictionary or the approved applicable building code will be used as guidance to the board.

Accessory building: A building, the use of which is incidental to that of the main building(s) on the premises, and which is not intended to be used as a dwelling.

Accessory use: A use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use.

"Adult arcade" any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically, or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

"Adult bookstore" or "adult video store" a commercial establishment which as one of its principal business purposes offers for sale or rent for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or specified anatomical areas;" or

(2)

Instruments, devices, or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with "specified sexual activities."

"Adult cabaret" a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity; or

(2)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3)

Films, motion picture, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motion picture theater" a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult theater" a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of "specified sexual activities" or specified anatomical areas."

Alterations, structural: See Structurally altered.

Automobile repair: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, and steam cleaning of vehicles.

"Automobile service station or filling station." A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises.

"Automobile wrecking." The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

"Basement." A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground. (See Story)

"Bed and breakfast." A dwelling unit with no more than four guest rooms, providing lodging with or without breakfast to paying transient guests, with a maximum stay of no more than 30 days. A short-term rental permit is required.

"Bicycle parking." A rack to which the frame and at least one wheel can be secured with a user-provided u-lock or padlock and cable. The City of Athens shall maintain a list of appropriate bicycle parking racks to assist developers.

"Building, principal." A building in which is conducted the main or principal use of the lot on which said building is situated.

"Bulk controls." Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, floor area ration, and yard requirements.

"Business, wholesale." Business establishment that generally sell commodities in large quantities or by the price to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

"Campground." An area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.

"Cemetery." Land used or intended to be used for the burial of the 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.

"Child." Any person 17 years of age or younger.

"Club." A building or portion thereof or premises owned or operated by a person for a social literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.

"Comprehensive city plan." A plan or any portion thereof, adopted by the commission and the legislative authority of the City of Athens showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.

"Computerized sweepstakes device." Any computer, machine, game, or apparatus which, upon the insertion of a coin, token, access number, magnetic card or similar object, or upon the payment of anything of value, wherein a product or service is provided, and may be operated by the public generally for use as a contest of skill, entertainment, or amusement, whether or not registering a score, and which is not gambling under state or local laws. Machines designated for use by the state lottery commission are not computerized sweepstakes devices for purposes of this chapter.

"Conditionally permitted use." A use permitted within a zone other than a principally permitted use, requiring a conditional use permit and approval of the BZA.

"Conditional use permit." A permit issued by the zoning administrator upon approval by the BZA to allow a use other than a principally permitted use to be established within the zone.

"Condominium." A building or group of buildings in which units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners.

"Converted dwelling unit." Any dwelling unit which has had a change in nature or use to any of the following: Two family, multi-family, apartment, boarding house, rooming house, lodging house, or rented property (for which a rental permit is required under Section 29.03.01).

"Corner lot." (See Lot types)

"Cul-de-sac." (See Thoroughfare)

"Domestic animals." Those animals commonly accepted as domesticated household pets. Domestic animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, rats, mice, chinchillas, ferrets, domesticated rabbits, fish, arthropods, nonpoisonous or nonvenomous reptiles or amphibians.

"Drive-in or drive-through establishment." Any retail or service establishment that provides a designated place where persons can drive their vehicles in such proximity to the establishment that they can or are permitted to conduct the major portion of their business with the establishment without having to exit their vehicles.

"Drive-in or drive-through restaurant." A restaurant that is also a drive-in or drive-through establishment.

"Driveway." An improved surface connecting a public road to a parking area.

"Dwelling." Any building or structure (except a house trailer or mobile home as defined by Ohio Revised Code 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.

"Dwelling, multi-family." A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and shared walls.

"Dwelling, rooming house (boarding house, lodging house, dormitory, fraternity and sorority chapter houses)." A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for six 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 dwelling units by open space.

"Dwelling, two family." A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall, except for a common stairwell exterior to both dwelling unit.

"Easement." Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property. A grant of one or more of the property rights by the property owner to and/or for specific use by the public, a corporation, or another person or entity.

"Essential services." Services and utilities needed for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, steam, water, sewerage, traffic control devices and other utilities and the equipment and appurtenances necessary for such systems to furnish and adequate level of service for the area in which it is located.

"Family." One or more persons related by blood, marriage, or adoption.

"Fence." An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

"Garage, private." A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:

(1)

Not more than one space is rented for parking to person not resident on the premises;

(2)

No more than one commercial vehicle per dwelling unit is parked or stored;

(3)

The commercial vehicle permitted does not exceed two ton capacity.

"Garage, public." A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.

"Guest." A person who rents one or more guest rooms in a short-term rental on a temporary basis, for no more than 30 consecutive days.

"Guest room." A room offered to the public for a fee that contains, at a minimum, provisions for sleeping in accordance with Chapter 29.17 of this Code.

"Historic district." A district or zone designated by a local authority or state or federal government within which the buildings, structures, appurtenances, and places are of basic and vital importance because of their association with history; or because of their unique architectural style and scale, including color, proportion, form, and architectural detail or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes.

"Home occupation." Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit.

"Hotel." Any building or portion thereof containing five or more guest rooms or suites where no provision for cooking is made, in any individual guest room or suite.

"Housekeeping unit." One, two, or three persons at least one of whom is not related by blood, marriage, or adoption and who share a common kitchen and living spaces.

"Junk." Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.

"Junk buildings, junk shops, junk yards." Any land, property, structure, building, or combination of the same, on which junk is stored or processed.

"Kennel." Any lot or premises on which five or more domesticated animals more than five months of age are housed, groomed, bred, boarded, trained, or sold for profit and which offers provisions for medical treatment.

"Lessee." A person who holds real or personal property under a lease.

"Lessor." A person who conveys property by lease.

"Loading/unloading zone, off-street." Space logically and conveniently located for bulk-pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading/unloading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading/unloading spaces shall be located totally outside of any street or alley right-of-way.

"Lot." For the purposes of this ordinance, 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 or on an approved private street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions 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 as a percentage.

"Lot frontage." The front of a lot shall be construed to be the portion nearest the street which is used for emergency vehicles. For purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and the yards shall be provided as indicated under "yards" in this section.

"Lot measurements." A lot shall be measured as follows:

(1)

Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

(2)

Width: The distance between straight lines connecting the front and rear lot lines at each side of the lot, measure at the building setback line.

"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 of parcel described by metes and bounds, the description of which has been so recorded. (See Chapter 23.01.05 - Lot of record)

"Lot types." Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:

(1)

Corner lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meets at an interior angle of less than 135°.

(2)

Interior lot: A lot with only one frontage on a street.

(3)

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 a double frontage lot.

"Lumen." A unit of luminous flux equal to the light emitted in a unit solid angle by a uniform point source of one candle intensity.

"Maintenance and storage facilities." Land, building, and structures devoted primarily to the maintenance and storage of construction equipment and material.

"Major thoroughfare plan." The portion of the city comprehensive plan adopted by the city commission indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.

"Manufactured home park." Any lot upon which two or more manufactured homes are located for residential use, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle, or enclosure used or intended to be used as a apart of the facilities of such park.

"Manufacturing, extractive." Any mining, quarrying, excavating processing, storing, separating, cleaning, or marketing of any mineral natural resources.

"Manufacturing, heavy": manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive character; require large sites, open storage and service areas, extensive services and facilities, 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 the zone 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." Any nonself-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of 30 feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.

"Mobile Home Park." Any site or tract of land under single ownership upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, building structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.

"Motel or motor hotel." An establishment providing sleeping accommodations with a majority of all room shaving direct access to the outside without the necessity of passing through the main lobby of the building.

"Nonconforming use." A building, structure or premises legally existing and/or used at the time of adoption of the zoning code, or any amendment thereto, and which does not conform with the use regulations of the zone in which located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts, or distance requirements from more restricted zones or uses, shall not be considered a nonconforming use.

"Nonconformities." Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time of enactment of the zoning code or its amendments which do not conform to the regulations of the zone in which they are situates, and are, therefore, incompatible.

"Nude model studio" any place where a person who appears in a state of nudity or displays specified anatomical areas is provided solely to be sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

"Nudity" or a "state of nudity:"

(1)

The appearance of human bare buttocks, anus, genitals, or areola of the female breast; or

(2)

State of dress which fails to cover opaquely a human buttocks, anus, or genitals, or areola of the female breast.

"Nursery, nursing home." A home or facility for the care and treatment of babies, children, pensioners, or elderly people.

"Nursery, plant materials." Land, building structure, combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping.

"Open spaces." An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.

"Operator." Any person who provides one or more guest rooms for transient guests for periods of less than 30 consecutive days to the general public for compensation.

"Overlay zone." A zone that encompasses one or more underlying zones and that imposes additional requirements above those required by the underlying zone.

"Parking area." Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles and bicycles including parking lots, garages, and legally designated area of public interests.

"Parking area, private." A parking area for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which the parking area is located or their customers, employees, or whomever else they permit to use the parking area.

"Parking area, public." A parking area available to the public, with or without payment of fee.

"Parking space, off-street." For the purpose of the zoning code, an off-street parking space shall consist of any area 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 shall be located totally outside of any street or alley right-of-way.

"Parking structure." A building or structure consisting of more than one level and used to store motor vehicles.

"Performance bond or surety bond." An agreement by a subdivider or developer with the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.

"Personal services." Establishments primarily engaged in providing services involving the care of a person or their personal goods or apparel.

"Planned unit development." An area of land in which a variety of housing types and/or commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision such as building design principles, and landscaping plans.

"Professional activities." The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.

"Public park" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation or management of the city, county, or state.

"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, by a railroad, whether publicly or privately owned or by a municipal or other governmental agency, including the furnishing of electrical gas, rail transport, communication, public water and sewage services.

"Public uses." Public parks, schools, colleges, universities, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

"Quasi-public use." Churches, Sunday schools, parochial schools, private colleges/universities, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.

"Recreation facilities." A place designed and equipped for the conduct of sports and leisure-time activities.

"Remodel." To construct an addition or alter the design or layout of a building or make substantial repairs or alterations so that a change or modification of the entrance facilities toilet facilities, or vertical access facilities is achieved.

"Remodeling or minor alteration." Any change, addition, substantial repair or improvement to the design or layout of an existing structure including, but not limited to modifications of egress or emergency escape facilities, plumbing facilities where a plumbing permit is required in accordance with the building code, electrical or plumbing facilities where a licensed contractor is required in accordance with the building code or where the value of improvements requires notification of the Athens County Auditor in accordance with Section 5713.17 of Ohio Revised Code.

"Research facility." An establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering and product development.

"Restaurants." An establishment where food and drink are prepared and sold for human consumption on or off the premises.

"Roadside stand." A temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.

"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, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts, and bridges.

"Satellite earth station antenna." A parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves.

"School" means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, and special education schools.

"Setback line." A line established by the zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said code. (See Yard)

"Sewers, central or group." An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

"Sewers, on-site." A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

"Sexually oriented business" an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater or adult theater. Sexually oriented business does not include a nude model studio.

"Short-term rental." A dwelling unit offered for rent in part, or in its entirety, for less than 30 consecutive days per occupant.

"Sidewalk" A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Sign." Any visual communication display, object, device, graphic, structure, or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, and object, person, service, product, event, location, organization or the like, by means of letters, words, designs, colors, symbols, fixtures, images or illuminations.

(1)

"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.

(2)

"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 such sign is offered.

(3)

"Sign, illuminated." Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.

(4)

"Sign, lighting device." Any light; string of lights, or group of lights located or arranged so as to cast illumination on a sign.

(5)

"Sign, projecting." Any sign which projects from the exterior of a building.

"Solar energy system." An energy system that consists of one or more solar collection devices, solar energy related "balance of system" equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility in accordance with the law.

"Special district." A zoning district created to meet the needs of an area experiencing unusual problems, or one that is designed to meet special needs.

"Specified anatomical areas" human genitals.

"Specified sexual activities" any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

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

(3)

Masturbation, actual or simulated.

"Story." That part of a building between the surface of a floor and the ceiling immediately above. (See Basement)

"Structurally altered." Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or in the dimension or configurations of the roof or exterior walls.

"Structure." Any thing constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures included buildings, mobile homes, walls, fences, and billboards.

"Subdivision." The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale, development, or lease.

"Sweepstakes/internet café." Any premises upon which any computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises have other purposes of any nature whatsoever.

"Swimming pool." A pool, pond, lake, or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager, designed for human use.

(1)

"Private." Exclusively used without paying any additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; and accessory use.

(2)

"Community." Operated with a charge for admission.

"Thoroughfare, street, or road." Any vehicular way that:

(1)

Is an existing state, county, or municipal roadway;

(2)

Is shown upon a plat approved pursuant to law;

(3)

Is approved by other official action;

(4)

Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; includes the land between the street lines, whether improved or unimproved.

"Through lot." (See Lot types)

"Total lot coverage." The ratio of enclosed ground floor area of all buildings on a lot plus the ratio of area covered with gravel, stone, shell, impermeable decking, a paver, permeable pavement or any manufactured material on a lot to the horizontally projected area of the lot expressed as a percentage.

Lot coverage does not include:

(1)

A fence that is less than one foot in width that has not been constructed with a footer;

(2)

A wood mulch pathway;

(3)

Landscaping.

"Tourist home." A single family house that is rented as a whole unit for short-term rent with no more than five unrelated guests or one family for no more than 30 consecutive days. A short-term rental permit is required.

"Trailer." A structure standing on wheels, towed or hauled by another vehicle, and used for short-term occupancy, carrying of materials, goods or objects, or as temporary office.

"Use." The purpose or activity for which land or buildings are arranged, designed, or for which lands or buildings are occupied or maintained.

"Variance." Permission to depart from the literal requirements of a zoning ordinance.

"Veterinary animal hospital or clinic." 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 the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.

"Walkway." A public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.

"Yard." An open unoccupied space on the same lot with a building extending along the entire length of street or rear or interior lot line.

"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.

"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.

"Yard, side." A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

"Zoning administrator." The zoning administrator is the person designated by the mayor to administer and enforce zoning regulations and related ordinances. This person may also be known as the zoning inspector.

"Zoning map." The map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts.

"Zoning permit." A document signed by a zoning officer, as required in the zoning ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom.

(Ord. No. 0-10-10, § III, 2-1-2010; Ord. No. 0-04-11, § I, 1-31-2011; Ord. No. 0-56-11, § II, 6-13-2011; Ord. No. 0-117-11, § I, 11-28-2011; Ord. No. 0-17-16, § II, 10-17-2016; Ord. No. 0-133-16, § II, 11-7-2016; Ord. No. 0-104-20, § III, 10-19-2020; Ord. No. 0-133-21, § I, 12-13-2021; Ord. No. 0-145-21, § IV, 12-13-2021; Res. No. R-05-22, 8-1-2022; Ord. No. 0-17-23, § II, 5-15-2023)