The zoning regulations and zones as set forth herein have been established in accordance with the Comprehensive Plan and are intended to guide the development of land in a manner consistent with the community goals, policies and objectives as set forth in the Comprehensive Plan, and are designed to:

A.

Lessen congestion in the streets.

B.

Secure safety from fire, panic and other dangers.

C.

Provide adequate light and air.

D.

Prevent the overcrowding of land and otherwise protect natural resources from impairment.

E.

Protect life and property in areas subject to floods, landslides and other natural disasters.

F.

Conserve the value of the buildings and structures.

G.

Protect property and promote the health, safety and general welfare.

These regulations are made with reasonable consideration, among other things, to the character of the zone and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

This Title shall be known as THE ZONING ORDINANCE OF BOULDER CITY.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

A.

General Terminology. For the purpose of carrying out the intent of this Title, the following words, phrases and terms shall have the meaning ascribed to them in this Section:

1.

Words used in the present tense include the future.

2.

Words in the singular number include the plural.

3.

Words in the plural number include the singular.

4.

The word "shall" is mandatory.

5.

The term "may" is permissive.

B.

Specific Definitions.

ADULT BOOKSTORE: An establishment which:

1.

Will or does derive fifty one percent (51%) or more of its annual gross sales from the sale, rental or distribution of books, leaflets, pamphlets, magazines, booklets, pictures, drawings, photographs, films, negatives, slides, motion pictures, figures, objects, articles, novelty devices, recordings, transcriptions, phonograph records or tape recordings, video tapes or video discs, with or without music, or other similar items, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or

2.

Has as one of its principal business purposes the sale, rental or distribution of such items or materials; or

3.

Has an area, segment or section thereof devoted primarily to the sale, rental or distribution of such items or materials.

ADULT ENTERTAINMENT CABARET: A public or private establishment which may be licensed to serve food and/or alcoholic or nonalcoholic beverages, which features topless dancers, strippers, male or female impersonators, exhibitions or contests wherein t-shirts, blouses, shorts or similar garments worn by participants are saturated with liquid so as to result in the exposure, highlighting or outlining of the participant's breasts or genitals, or similar entertainment.

ADULT MINI-MOTION PICTURE THEATER: An enclosed building with a capacity for less than fifty (50) persons used regularly and routinely for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein, including closed circuit television viewings. "Motion picture", as used in this definition, includes television viewing regardless of whether picture or presentation originated with closed circuit, live broadcast or cassette, or other recording.

ADULT MOTION PICTURE THEATER: An establishment (enclosed or open air) with a capacity of fifty (50) or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation, by patrons therein. "Motion picture", as used in this definition, includes television viewing regardless of whether picture or presentation originated with closed circuit, live broadcast or cassette or other recording.

ADULT PICTURE ARCADE THEATER: Any premises where there is maintained one or more machines or contrivances to show still or motion pictures or television sets designated for viewing by one or more customers or patrons used regularly and routinely for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for which any charge, consideration or payment is required, including peep shows which exhibit motion pictures by means of coin-operated projection machines. "Motion picture", as used in this definition, includes television viewing regardless of whether picture or presentation originated with closed circuit, live broadcast or cassette, or other recording.

ADULT USES AND BUSINESSES: All adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult entertainment cabarets, adult picture arcade theaters, commercial nude establishments and sex novelty shops.

AIRPORT: A landing area used regularly by aircraft for receiving or discharging passengers or cargo.

Helipad: An area or an airport or heliport established for the landing or take-off of helicopters.

Heliport: A landing area solely for the use of helicopters. A heliport may include more than one helipad.

Landing: Any locality, including airports and landing fields, which is used or intended to be used for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo.

Landing Area: Any locality, including airports and landing fields, which is used or intended to be used for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo.

ALLEY: A public way, primarily for vehicular use, which affords a secondary means of access to abutting properties and is not intended for general traffic circulation.

ALLEY LINE: The boundary line between an alley and abutting lot or parcel.

AMENDMENT: A change in the wording, context or substance of this title, or a change in the zone boundaries or use classification upon the zoning map, when adopted by ordinance of the city council in the manner prescribed by law and this title.

ANIMAL HOSPITAL: A place where animals or pets are given care and/or surgical treatment, including the boarding of animals or pets for remuneration only as an incidental use to the animal hospital.

ARCADE: Any establishment which maintains six (6) or more coin operated amusement machines.

AREA OF JURISDICTION: The area within the corporate limits of the city.

AUTOMOBILE BODY AND FENDER SHOP: A building or lot, or portion thereof, held out or used for storage and repair of the nonmechanical parts of vehicles.

AUTOMOBILE REPAIR GARAGE: A building, or portion thereof, held out or used for the housing, servicing and repairing of motor vehicles, but not including the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

AUTOMOBILE SERVICE STATION: A building or lot, or portion thereof, having storage tanks and pumps at which fuels, oils or motor vehicle accessories are dispensed, sold or offered for sale, together with such incidental uses as car washes, grease racks and the like, but not including body and fender work and major mechanical repair as carried on in automobile repair garages, or automobile wrecking.

AUTOMOBILE WRECKING YARD: A building or lot, or portion thereof, used for the dismantling or wrecking of used motor vehicles, trailers or boats, or the storage, sale or dumping of dismantled, obsolete or wrecked motor vehicles, trailers or boats, or their parts.

BASEMENT: That portion of a building that is partly or completely below grade plane (see also definition of Story Above Grade Plane). A basement shall be considered as a story above grade plane where the unfinished surface of the floor above the basement is:

1.

More than six feet (6') (1,829 mm) above the grade plane;

2.

More than six feet (6') (1,829 mm) above the finished ground level for more than fifty percent (50%) of the total building perimeter; or

3.

More than twelve feet (12') (3,658 mm) above the finished ground level at any point.

BOARD OF APPEALS: The appointed members of the planning commission or other body as is established by charter or ordinance.

BOARDING OR ROOMING HOUSE: A building, or portion thereof, in which lodging, meals or both for three (3) or more persons are provided for compensation, but shall not include rest homes, hotels or motels.

BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING, ACCESSORY: Any building, the use of which is subordinate to and/or incidental to the use of the principal building, and which is on the same lot.

BUILDING HEIGHT: The vertical distance from grade plane to the average height of the highest roof surface.

BUILDING OFFICIAL: The building official of Boulder City, Nevada.

BUILDING SITE: The ground area occupied by a building, or group of buildings, together with all open spaces as required by this title.

BUSINESS OR COMMERCE: Any activity or use of land which involves the buying, selling, processing or improving of things not produced on said land and having financial gain or livelihood as the primary aim of the activity or use, whether or not such activity or use be for hire or on account of the buyer, seller, processor or improver.

CABANA: A roofed structure, attached or immediately adjacent to a mobile home, having two (2) sides completely unobstructed.

CARETAKER'S RESIDENCE: A residence of the family of the owner, caretaker or manager of a business which is accessory to the primary use of the property.

CARPORT: A building with not more than two (2) completely enclosed sides which is used for automobile shelter or storage.

CENTRAL BUSINESS DISTRICT OR CBD: A supplemental special zoning district for parking purposes which overlays a portion of one or more zoning districts downtown as per the adopted zoning map.

CHILDCARE CENTER: Any facility in which the licensee provides day or night care for more than twelve (12) children.

CITY: Boulder City, Clark County, Nevada.

CITY ATTORNEY: The city attorney of Boulder City, Nevada.

CITY CLERK: The city clerk of Boulder City, Nevada.

CITY COUNCIL OR COUNCIL: The legislative body of Boulder City, Clark County, Nevada.

CITY ENGINEER: The city engineer of Boulder City, Nevada.

CITY MANAGER: The city manager of Boulder City, Nevada.

CITY PLANNING COMMISSION, PLANNING COMMISSION OR COMMISSION: The city planning commission of Boulder City, Clark County, Nevada.

COMMERCIAL NUDE ESTABLISHMENT: Any commercial business that has on the premises persons performing services, or otherwise visible to the public, displaying or failing to cover specified anatomical areas.

COMMON OPEN SPACE: A parcel or parcels of land or an area of water or combination of land and water within the site designated for a planned unit development which is designed and intended for the use or enjoyment of the residents or owners of the development.

COMMUNITY DEVELOPMENT DIRECTOR: The community development director of Boulder City, Clark County, Nevada.

COMMUNITY RESIDENCE: A residential living arrangement for six (6) or more unrelated individuals with disabilities in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff which provides habilitative or rehabilitative services related to the disabilities of the residents. A community residence seeks to achieve normalization and community integration of its residents. Its primary purpose is to provide shelter in a family like environment; treatment is incidental as in any home. Interrelationships between residents are an essential component. A community residence shall be considered a residential use of property for purposes of all zoning and building codes. The term does not include "facilities for the treatment of alcohol and drug abuse", "modified medical detoxification facilities", "transitional living facilities for released offenders", "facilities for treatment with narcotics", or "community triage centers" as each of these terms is defined within chapter 449 of the Nevada Revised Statutes. The term also does not include an "institution", "hospital", "boarding house", "lodging house", "fraternity", "sorority", "dormitory", or any other group living arrangement for unrelated individuals who are not disabled. The term "community residence" includes the following two (2) categories:

1.

Family Community Residence: A relatively permanent living arrangement for six (6) or more unrelated persons with disabilities including, but not limited to, "residential facilities for groups" of six (6) or more residents as defined by Nevada Revised Statutes 449.017. The length of tenancy is one year or greater.

2.

Transitional Community Residence: A temporary living arrangement, with a limit on length of tenancy to less than one year, for six (6) or more unrelated persons with disabilities, including, but not limited to, "halfway house for recovering alcohol and drug abusers" for six (6) or more residents as defined by Nevada Revised Statutes 449.008.

CONDITIONAL USE: A use of land for which a conditional use permit is required.

CONDOMINIUM: An estate in real property consisting of an undivided interest in common portions of a parcel of real property, together with:

1.

A separate interest in space in a residential, industrial or commercial building or industrial and commercial building on such real property, such as, but not restricted to, an apartment, office or store; or

2.

A separate interest in airspace only, without any building or structure, to be used for a mobile home. A condominium may include in addition a separate interest in other portions of such real property.

DISABILITY: A physical or mental impairment that substantially limits one or more of an individual's major life activities, impairs an individual's ability to live independently, having a record of such an impairment, or being regarded as having such an impairment. People with disabilities do not include drug addicts or alcoholics when they are using alcohol, illegal drugs, or using legal drugs to which they are addicted.

DWELLING: A building, or portion thereof, designed or intended to be used exclusively for residential purposes, including one-family, two-family and multiple-family, but not including boarding or rooming houses, hotels, motels, rest homes or any other commercial uses.

DWELLING GROUP: A group of two (2) or more detached buildings designed or intended to be used as one-family, two-family or multiple-family dwellings located on a single lot, together with all open spaces as required by this title, but not including boarding or rooming houses, hotels, motels, rest homes or any other commercial uses.

DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, designed or intended to be used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A building designed or intended to be used for occupancy by one family and containing one dwelling unit.

DWELLING, TWO-FAMILY: A building designed or intended to be used for occupancy by not more than two (2) families living independently of each other and containing two (2) dwelling units.

DWELLING UNIT: A building or portion of a building planned, designed or used as a residence for one family only, living independently of other families or persons, and having only one kitchen and its own sanitary facilities included in the unit.

EDUCATIONAL INSTITUTION: A school, college or university, either public or private, giving general academic instruction as prescribed by state laws.

FAMILY: One or more persons related by blood, marriage or other legal bond, or a group of not more than five (5) persons (excluding servants) not necessarily related by blood, marriage or other legal bond, living together as a single, nonprofit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding or rooming house, club, fraternity, sorority, hotel or motel.

FAMILY CHILDCARE HOME: Any facility in which the licensee regularly provides daycare, without the presence of parents, for at least five (5) and not more than six (6) children.

FAMILY COMMUNITY RESIDENCE: See definition of Community Residence.

FIRE WALL: A fire resistance rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall.

GARAGE, PRIVATE: An accessory building, or portion of the principal building, used for the shelter or storage of vehicles of the occupants of the principal building.

GARAGE, PUBLIC: A building, or portion thereof, other than a private garage, used for the care, maintenance, storage or equipping of vehicles, or where vehicles are kept for remuneration, hire or sale.

GRADE PLANE: A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (6') (1829 mm) from the building, between the building and a point six feet (6') (1829 mm) from the building.

GROUP CHILDCARE HOME: Any facility in which the licensee regularly provides daycare for no less than seven (7) and no more than twelve (12) children.

HALFWAY HOUSE FOR RECOVERING ALCOHOL AND DRUG ABUSERS: See definition of Community Residence, specifically Transitional Community Residence.

HOME OCCUPATION: An occupation carried on by the occupants of a dwelling which is clearly incidental and secondary to the use of the building for dwelling purposes and which does not change the character thereof; does not adversely affect the uses permitted in the zone of which it is a part; where no signs are displayed except as permitted in the zone of which it is a part, and no persons are employed other than domestic help.

HOSPITAL: A building, or portion thereof, used for the accommodation and medical care of sick, injured or infirm persons, including sanatoriums, alcoholic sanatoriums, institutions for the care of chronic drug addicts and mental patients, but not including rest homes.

HOTEL: A building or portion thereof, in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all guestrooms are made through an inside lobby or office.

INSTITUTION: A nonprofit establishment maintained and operated by a person, society, foundation or public agency for the purpose of providing charitable, social, educational or similar service to persons or public groups.

JUNK: Any worn out, wrecked, castoff or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.

JUNKYARD: Any land or structure, or portion thereof, used for the abandonment, storage, keeping, collecting or salvaging of junk.

KENNEL: Any establishment at which dogs and cats are bred or raised for sale, or boarded, cared for, commercially or on a not for profit basis, exclusive of dental, medical or surgical care, or for quarantine purposes.

KITCHEN: A room or portion thereof, used for the preparation and cooking of food.

LOADING SPACE: An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

LOT: Any lot, parcel, tract of land, or combination thereof, shown on a plat of record or recorded by metes and bounds that is occupied or intended for occupancy by a use permitted in this title, including the yards, open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an officially approved place.

LOT AREA: The total horizontal area included within the boundaries of a lot.

LOT, CORNER: A lot which has an interior angle of one hundred thirty five degrees (135°) or less at the intersection of two (2) street lines. A lot abutting upon a curved street is considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of one hundred thirty five degrees (135°) or less.

LOT COVERAGE: The percentage of the area of a lot which is occupied by all buildings or other covered structures, excluding the following:

1.

Cornices, eaves, belt courses, sills, buttresses or other similar architectural features; fire escapes; stairways and balconies; uncovered porches and platforms (as set forth in subsections 11-20-3B through E of this title), provided, that they do not extend or project into a side, front or rear yard more than permitted in subsections 11-20-3B through E of this title, respectively.

2.

Covered porches and platforms, pool covers, gazebos and other similar structures.

3.

Open sun screens.

4.

Carports.

LOT DEPTH: For lots having front and rear lot lines which are parallel, the shortest horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the shortest horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the shortest horizontal distance between the front lot line and a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet (10').

LOT, INTERIOR: A lot other than a corner lot.

LOT, KEY: A lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot.

LOT LINE: Any line bounding a lot.

LOT LINE, FRONT: A boundary of a lot which separates the lot from the street; and in the case of the corner lot, the front lot line is the shorter of the two (2) lot lines separating the lot from the street.

LOT LINE, REAR: The boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line; except that in the absence of a rear lot line as is the case of the triangular shaped lot, the rear lot line may be considered as a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet (10').

LOT LINE, SIDE: The boundary of a lot which is not a front lot line or a rear lot line.

LOT, THROUGH: A lot having a pair of opposite lot lines abutting two (2) streets, and which is not a corner lot. On such lot, both lot lines are front lot lines.

LOT WIDTH: The average horizontal distance between the side lot lines, measured at right angles to the lot depth.

MANUFACTURED HOME: A structure which is built on a permanent chassis, designed to be used with or without a permanent foundation as a dwelling, transportable, eight feet (8') or more in body width or forty feet (40') or more in body length when transported, and contains three hundred twenty (320) square feet or more when erected on site, and complies with standards established under the national manufactured housing construction and safety standards act.

MANUFACTURING: A use engaged in the making of products or parts thereof, including processing, fabrication, assembly, handling, packaging, incidental storage, sales, and distribution, but excluding basic industrial processing.

MEDICAL MARIJUANA ESTABLISHMENTS: An establishment as defined by Nevada Revised Statutes chapter 453A, shall include, but not be limited to:

1.

An independent marijuana testing laboratory;

2.

A marijuana cultivation facility;

3.

A facility for the production of edible marijuana products or marijuana infused products;

4.

A marijuana dispensary; or

5.

A business registered with the division of public and behavioral health and paid the requisite fees to act as more than one of the types of businesses listed in subsections 2, 3, and 4 of this definition.

MOBILE HOME: A structure which is built on a permanent chassis; designed to be used with or without a permanent foundation, and transportable in one or more sections. "Mobile home" does not include a recreational vehicle, travel trailer, or manufactured home.

MOBILE HOME PARK: Any parcel of land upon which two (2) or more mobile homes occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations.

MOBILE HOME SPACE: A plot of ground within a mobile home park designed for the accommodation of one mobile home, together with its accessory structures, including carports or other off-street parking areas, storage lockers, ramadas, cabanas, patios, patio covers, awnings and similar appurtenances.

MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where residence is in a mobile home exclusively.

MOTEL: A building or group of buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space located on the lot and designed, used, or intended wholly or in part for the accommodation of automobile transients. Motel includes motor courts, motor lodges and tourist courts, but not mobile home parks or travel trailer parks.

NONADULT THEATER: An open air or enclosed business establishment with a seating capacity of more than twenty five (25) persons or parking capacity of more than twenty five (25) vehicles used regularly and routinely for presenting material which is not relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

NONCONFORMING BUILDING OR STRUCTURE: A lawfully constructed building or structure existing at the time this title, or amendments thereto, became effective which does not conform with the regulations for the zone in which it is located.

NONCONFORMING LOT: A legally established lot or parcel existing at the time this title, or amendments thereto, became effective which does not conform with the minimum lot area, width or depth requirements for the zone in which it is located.

NONCONFORMING USE: The lawful use of any building or land existing at the time this title, or amendments thereto, became effective which does not conform with the use regulations for the zone in which it is located.

OPEN SUN SCREEN: A latticed or louvered assemblage, open on at least three (3) sides, used for partial shade providing no weather protection, and not influencing ventilation or the amount of impervious surface coverage of the lot.

ORGANIC MATERIAL PROCESSING: An establishment that receives organic materials for human consumption, conducts onsite processing and distributes to local/regional markets for sale.

PARKING SPACE: An area, other than a street or alley, reserved for the parking of vehicles, adjacent to such additional area as is necessary to afford adequate and unimpaired ingress and egress, and is legally and permanently available for such use.

PLANNED UNIT DEVELOPMENT: An area of land controlled by a property owner, which is to be developed as a single entity for one or more planned unit residential developments, one or more public, quasi-public, commercial or industrial areas, or both, within proportions of residential uses to nonresidential uses specified in this title.

PLANNED UNIT RESIDENTIAL DEVELOPMENT: An area of land controlled by a property owner, which is to be developed as a single entity for number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential zone created, from time to time, under the provisions of this title.

PROBABLE ADVERSE ENVIRONMENTAL IMPACTS: Those impacts which are reasonably likely to occur and could degrade the environmental quality of adjacent properties or the community.

PUBLIC USE: A use operated exclusively by a public body; said use having the purpose of serving the public health, safety or general welfare; and including uses such as public schools, parks, hospitals, administrative and service facilities.

QUASI-PUBLIC USE: A use operated by a private educational, religious, recreational, charitable or medical institution; said use having the primary purpose of serving the general public and including uses such as churches, private schools and universities, recreational facilities, private hospitals and like uses.

R ZONE: A residential zone as established by this title and/or as shown; and delineated on the zoning map. An R zone includes the R1, R2, R3, MP, ME and RV zones.

RECREATION, PRIVATE, NONCOMMERCIAL: Clubs or recreational facilities operated by a nonprofit organization and open only to bona fide members and their guests of such nonprofit organization.

RECREATIONAL, COMMERCIAL: A recreational facility operated as a business and open to the general public for a fee.

RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic types are: travel trailer, camping trailer, truck camper and motor home.

RECREATIONAL VEHICLE PARK: A parcel of land upon which recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

RECREATIONAL VEHICLE PARK CONVENIENCE STORE: An establishment providing food and sundry items intended for sale to the occupants of the recreational vehicle park.

RECREATIONAL VEHICLE SITE: A plot of ground within a recreational vehicle park to be used for the accommodation of not more than one recreational vehicle.

RESEARCH AND DEVELOPMENT: A use intended to accommodate scientific research and development establishments, including limited processing and prototype manufacturing, except for those activities which could endanger or become detrimental to persons or property.

RESIDENTIAL FACILITY FOR GROUPS: See definition of Community Residence, specifically Family Community Residence.

REST HOME: A building where lodging and meals, nursing, dietary and other personal services are rendered to convalescents, invalids or aged persons for compensation, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in sanatoriums and hospitals. For the purposes of this title, "rest home" includes nursing home, residential custodial care facility, supervisory care facility and ambulatory health care center.

SELF-SERVICE STORAGE FACILITY: A structure containing separate storage spaces of varying sizes leased, rented or sold as individual leases or sales and permitting personal, private access to tenants for the purpose of storing personal property. No business activity is permitted from any individual space.

SEX NOVELTY SHOP: An establishment selling sex articles, materials, items or devices designed, rented or sold for the stimulation of human genital organs or sexual gratification, including, but not limited to, dildos, vibrators and artificial vaginas.

SHORT-TERM RENTAL: A dwelling unit or any portion of such dwelling unit, rented in exchange for remuneration for occupancy for a period of less than 30 consecutive calendar days, or, in February, less than 28 consecutive calendar days, counting portions of a day as full days.

SIGN: All the definitions as set forth in section 11-24-6 of this title.

SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered human genitals, pubic region, buttock, female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (see also definition of Basement). It is measured as the vertical distance from the top to top of two (2) successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joints or, where there is not a ceiling, to the top of the roof rafters.

STORY ABOVE GRADE PLANE: Any story having its finished floor surface entirely above grade plane, except that a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:

1.

More than six feet (6') (1829 mm) above the grade plane;

2.

More than six feet (6') (1829 mm) above the finished ground level for more than fifty percent (50%) of the total building perimeter; or

3.

More than twelve feet (12') (3658 mm) above the finished ground level at any point.

STREET: A public thoroughfare, which affords the principal means of access to abutting property, other than an alley or walk.

STREET LINE: The boundary line between a street and the abutting lot or parcel.

STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or exterior walls.

STRUCTURE: Anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground, but not including tents, vehicles, travel trailers or mobile homes.

TINY HOME: A tiny home is considered a dwelling that is 400 square feet in floor area or less, excluding lofts.

TRANSITIONAL COMMUNITY RESIDENCE: See definition of Community Residence.

TRAVEL TRAILER: A portable structure mounted on wheels, consisting of a vehicular chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle, and designated by the manufacturer as a travel trailer. A vehicle is not a travel trailer if, when equipped for highway use, it is more than eight feet (8') wide.

USE: The purpose for which land or a building is arranged, designed or intended or for which either land or building is, or may be, occupied or maintained.

USE, ACCESSORY: Any use which is subordinate to and/or incidental to the use of the land and/or building or structure thereon.

WIND ENERGY SYSTEM, ACCESSORY USE: A wind energy conversion system consisting of a wind turbine, a tower or supporting structure, and associated control or conversion electronics, intended primarily to reduce on site consumption of utility power for a principal use. The use is deemed an accessory use in all zoning districts and does not include utility scale wind energy systems as a principal use.

YARD: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

YARD, FRONT: An open and unobstructed space between a building and the front lot line, being parallel to and along the front lot line, to be measured horizontally from the nearest line of any building, or enclosed or covered portion or the extension of the latter line, to the nearest point of the front lot line. In cases where the majority of lots located on one side of a street between two (2) intersecting streets have been occupied by buildings having a front building line different from the one stipulated in this title, any building or addition to an existing building hereafter erected shall conform to the line previously established by these buildings.

YARD, REAR: An open and unobstructed space between a building and the rear lot line, being parallel to and along the rear lot line, to be measured horizontally from the nearest line of any building, or enclosed or covered portion of the extension of the latter line, to the nearest point of the rear lot line.

YARD, REQUIRED: A minimum open space as specified by the regulations of this title for front, rear and side yards, as distinguished from any yard area in excess of the minimum required.

YARD, SIDE: An open and unobstructed space between a building and the side lot line, being parallel to and along the side lot line, to be measured horizontally from the nearest line of any building, or enclosed or covered portion or the extension of the latter line, to the nearest point of the side lot line.

ZONE: The various land use zones as established by this title and/or as shown and delineated on the zoning map.

(Ord. 841, 2-23-1988, eff. 3-23-1988; amd. Ord. 876, 9-17-1990, eff. 10-10-1990; Ord. 905, 5-12-1992, eff. 6-3-1992; Ord. 926, 7-23-1993, eff. 9-1-1993; Ord. 973, 11-14-1995, eff. 12-6-1995; Ord. 1083, 4-27-1999, eff. 5-26-1999; Ord. 1117, 6-27-2000, eff. 7-19-2000; Ord. 1248, 5-24-2005, eff. 6-15-2005; Ord. 1422, 11-9-2010, eff. 12-2-2010; Ord. 1450, 8-23-2011, eff. 9-15-2011; Ord. 1469, 11-22-2011, eff. 12-16-2011; Ord. 1519, 2-25-2014, eff. 3-20-2014; Ord. 1526, 9-23-2014, eff. 10-16-2014; Ord. 1596, 10-24-2017, eff. 11-16-2017; Ord. 1728, 8-8-2023, eff. 8-31-2023; Ord. 1797, 3-26-2024, eff. 4-18-2024)