(a)

Title. The regulations of this chapter shall be known, and may be cited as the "Unified Development Code", and may be referred to as "Unified Development Code", "UDC", or "these regulations".

(b)

Authority.

(1)

These regulations are adopted and administered pursuant to the authority granted to the city by the state.

(2)

The regulations set forth in this chapter shall apply to all the land located within the city, and to all city zoning districts, except to the extent that the provisions of this chapter shall exclude such application.

(c)

Interpretation, purpose, fees.

(1)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, propriety, general welfare and the preservation of personal and property rights. It is not intended that this chapter interfere with, abrogate or annul any ordinance, rule, regulation, or permit previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued, pursuant to the law, relating to the use of structures or premises, nor is it intended by this chapter to interfere with, abrogate or annul any easement, covenant or other agreements between parties; provided, however, that where this chapter imposes greater width or size of yards, courts, or other open spaces, or requires a lower height of building or less number of stories, or requires a greater percentage of a parcel to be left unoccupied, or imposes other higher standards than are required in any other ordinance or regulation, the provisions of this chapter shall control.

(2)

Application fees are in the amount provided in the city fee schedule.

(d)

Administration and enforcement. The administration, interpretation and enforcement of the terms of this chapter shall be vested in the planning and development director, and in the discharge of these duties, the planning and development director shall have power of entry in, or upon any premises in all lawful manner and means. The planning and development director shall rule on all questions regarding such enforcement and interpretation, and any party shall have the right of appeal from the planning and development director's formal decision.

(e)

Minimum standards.

(1)

The provisions of these regulations shall be held to be minimum requirements. The city may impose more restrictive standards when it finds they are necessary to conform any design to sound engineering, design, site restrictions, or other standards in these regulations.

(2)

An applicant may, upon city approval, construct public improvements to standards higher than the city's specifications for their design and construction. Before the city approves such higher standards, the applicant shall submit maintenance plans relating to such public improvements.

(Ord. No. 2018-0030, § 2, 4-10-2018)

When these regulations impose a greater restriction than imposed by other ordinances or laws, the provisions of the Unified Development Code shall govern.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

As used in this chapter, the term "all codes" shall include the building code, electrical code, mechanical code, plumbing code, fire code, property maintenance code, environment code, and the health and sanitation code currently in effect and approved by board action by reference or otherwise.

(b)

All buildings in any district shall strictly conform to all codes herein defined, and failing such compliance, it shall be the duty of the planning and development director to initiate appropriate enforcement of such codes, and all of them.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

If any court of competent jurisdiction invalidates any provision of these regulations, then such judgment shall not affect the validity and continued enforcement of any other provision of the Unified Development Code.

(b)

If any court of competent jurisdiction invalidates the application of any provision of these regulations to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other building, structure, or situation not specifically included in that judgment.

(c)

If any court of competent jurisdiction judges invalid any condition attached to the approval of a specific application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

(d)

Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission, or board considered such condition or limitation necessary to carry out the spirit and intent of these regulations, and that the officer, commission, or board would not have granted the authorization to which the condition or limitation pertained except in belief that the condition or limitation was lawful.

(Ord. No. 2018-0030, § 2, 4-10-2018)

For the purpose of this chapter, any words defined in the building code of the city and not specifically defined herein shall be construed as defined in the building code of the city. Any word not defined herein or in the building code of the city shall have its usual meaning unless otherwise provided in this section. For general definitions and rules of construction applicable throughout this Code, see section 1-2.

Abutting means contiguous or sharing any point of contact. Distance from a contiguous zoning district shall be measured from the common property boundary, or if separated by right-of-way, the width of the right-of-way shall be measured and credited as part of any required separation distance.

Accessory structure means any structure which is not the primary structure on a premises, detached but on the same premises as the primary structure such as a building, carport, gazebo or pergola.

Accessory use means a use that:

(1)

Is clearly incidental to, and customarily found in connection with a principal use, and is located on the same lot as the principal use served;

(2)

Is subordinate to, and serves a principal use, and is subordinate in area, extent, or purpose to the use served; and

(3)

Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal use served.

Adult entertainment means any of the establishments, businesses, buildings, structures or facilities defined in this section.

(1)

Adult bookstore means an establishment having at least a ten percent portion of its stock in trade, books, photographs, magazines, films for sale or rental, viewing on the premises by use of motion picture devices, or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.

(2)

Adult entertainment facility means any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape or film presentation), where the patrons either:

a.

Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or

b.

Observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.

(3)

Adult massage establishment means an establishment which has a fixed place of business having a source of income or compensation of 60 percent or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage. Under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his/her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist, or professional masseuse, licensed by the state.

(4)

Bathhouse means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state.

(5)

Specified sexual activities:

a.

"Sexual conduct," being acts of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;

b.

"Sexual excitement," being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or

c.

"Sadomasochistic abuse," being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

Agriculture is a use category comprised of uses characterized by general active and on-going agricultural uses, activities, and related uses. An agricultural use, in general, means the use of land for the growing and production of field crops, livestock, aquatic, and animal products for the production of income.

Agritainment means events and activities that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activities on-site that are for-profit. Events and activities include the following: hay rides, corn mazes, hay mazes, petting zoos (farm animals only), living historical farms, farm tours (for profit), and agricultural festivals.

Airport and passenger terminal means a facility that provides space for aircraft to take off and land which is usually equipped with a control tower, hangars, and accommodations for passengers and cargo.

Alcohol and drug abuse treatment facility means any dwelling or place licensed, certified or authorized by state, federal or local authorities as a residence and treatment facility for persons with alcoholism or drug abuse problems needing a supervised living arrangement and rehabilitation services on a short-term or long-term basis.

Alternative financial services means the provision of nonbank financial services, such as check cashing, payday advance or loan, money transfer, motor vehicle title loan, pawn shops, rent-to-own, or credit access businesses. An alternative financial services establishment does not include state or federally chartered banks, savings and loans, or credit unions. An alternative financial establishment does not include an establishment that provides financial services that are accessory to another main use.

Amusement park or theme park means a facility that may include amusement parlors, structures, buildings and premises, where there are various devices for entertainment, which may include rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.

Amusement parlor/arcade means a building, or part of a building, to which the public may enter in which pinball machines, video games, or other similar coin, token, or app-operated devices operated for amusement, pleasure, test of skill, competition, or sport are maintained.

Animal hospital means a facility for the diagnosis and treatment of pets and other animals including, but not limited to, dogs, cats, birds, and horses. No outside boarding of these animals shall be allowed overnight.

Animal raising, farm or domestic use means land used for the production, keeping or maintenance of livestock for either hobby or recreational purposes, and to supplement household food supply to the occupants of a dwelling on the same tract.

Animal sales and services is a use category that includes the sale, boarding, and care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage areas.

Animal shelter means a facility that is used to house or contain animals, and is owned, operated, or maintained by a nonprofit organization or corporation for the purpose of providing temporary kenneling and care for the animals, and finding permanent adoptive homes for them.

Antique shop means an establishment offering articles for sale such as glass, china, furniture or similar furnishing or decorations which have value and significance as a result of age, design or sentiment.

Art gallery means a building or space where artwork is exhibited and sometimes sold.

Athletic area means an outdoor area, along with its incidental buildings and structures, at least part of which is designed, developed, and intended for organized sport or athletic activities and other activities or events to which groups of people greater than the family unit might be attracted as participants or spectators.

Attraction means a use or structure that promotes tourism or provides an opportunity to partake in entertainment which is permitted by the zoning regulations for that district including food and beverage, musical and theater performances, art and cultural attractions, and amusement rides and features.

Auto rental means a facility limited to office space, along with the display of automobiles which, for a fee, are rented or leased.

Auto repair means a facility that may provide and specialize in the repair of certain auto parts such as brakes, mufflers, collision repair or transmissions.

Auto sales means a facility used primarily for the sale of automobiles.

Auto salvage and wrecking means any location at which:

(1)

More than five inoperable vehicles, or vehicles under repair are located, and all vehicles are located outside of an enclosed building, and said vehicles have been in a state of disrepair for 45 or more days, continuous or collective.

(2)

Automotive parts are being stored outside of any enclosed building.

(3)

An area is being used for the outdoor storage of scrap metal, sheet metal, piping, plumbing supplies, construction materials, glass, waste paper, tanks, storage containers or other similar items.

Automated teller machine (ATM) means an electronic banking outlet which allows customers to complete basic transactions without the aid of a branch representative or teller.

Automobile parts recycling means an establishment that is maintained, operated, or used for storing, keeping, buying or selling used automobile parts; for the maintenance or operation of an automobile part recycling; the term shall include salvage yards, automobile graveyards, and used auto parts dealers.

Awning means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Barbershop, beauty shop, spa means a facility licensed by the state where hair cutting, hair dressing, shaving, trimming beards, facials, manicures or related services are performed.

Bed and breakfast inn means a house, or portion thereof, used by the record owner of the property, who is also a resident of the property, and where guestrooms and meals are provided to transient guests.

Best management practices (BMP) means any physical, chemical, or managerial practice that reduces soil erosion or reduces the amount of sediment or other pollutants discharging to or potentially discharging to the municipal separate storm sewer system (MS4).

Block means a place or parcel of land surrounded by public highways, streets, streams, railroad rights-of-way, or parks, etc., or a combination thereof.

Brewery, distillery, or winery means an establishment that produces alcoholic beverages in conjunction with a restaurant, retail sales, or tasting room. The liquor may be distributed to other locations, and be sold on site.

Building height means the vertical distance from the grade to the highest point of the roof. For purposes of this definition, grade shall mean the average of the finished ground level at the center of each wall of a building containing ten percent or more of the combined perimeter length of all walls of the building, measured either ten feet away from the building, or at the property line if the building is less than ten feet from the property line.

Building line means the exterior face of a wall of an existing structure, or the limits to which an exterior face of a wall of a proposed structure may be built, but shall not include retaining walls, the face of one-story, unoccupied gable-roofed areas over porches, entrance or line appendages.

Building maintenance, sales and service means a facility or area for contracting services such as building repair and maintenance, the installation of plumbing, electrical, air conditioning and heating equipment, janitorial services, and exterminating services. The retail sale of supplies is permitted as an accessory use.

Bus garage means a facility where buses and similar modes of transportation are stored and maintained.

Bus terminal means a lot and related building that is a designated location where bus, coach, or similar transportation services start or end. A bus terminal shall not include a location where the bus stops to drop off or take on passengers where there are no operational facilities.

Campground and vehicle park means any parcel or tract of land upon which two or more campsites are occupied, or intended to be occupied, for overnight camping.

Campsite means a portion of the rentable space of a campground having an area 580 square feet or more.

Canopy means an attached or detached structure, open on at least one side, which is designed to provide overhead shelter from the sun or weather. Canopies include, but are not limited to, service station canopies, porte-cochères, arcades, and pergolas. A canopy is different from an awning in that a canopy is not covered with fabric or flexible material.

Carport means an accessory structure used for the housing or storage of motor vehicles, and enclosed on not more than two sides by walls.

Car wash means a facility for washing or steam cleaning passenger automobiles (including self-service operation), operating either as a separate facility or when installed and operating in conjunction with another use, and which installation includes equipment customarily associated with a car wash and which is installed solely for the purpose of washing and cleaning automobiles.

Cemetery and mausoleum means a facility or area used or intended to be used for the burial of the dead, including crematories, mausoleums, and mortuaries when operated in conjunction with, and within the boundaries of such cemetery.

Charitable drop box means a container used to hold charitable donations.

Child care means the care of a child away from its own home for any part of the day or night.

Child care center means a child care program where care is provided for 20 or more children not related to the provider for any part of a 24-hour day.

Civic, social, and fraternal organizations means public, quasi-public, and private organizations that provide unique services that are of benefit to the public as a whole. This category includes organized groups having a membership requirement and specific purpose related to the welfare of the members or community.

Cladding means covers enclosing or decorating poles or other structural supports of a pole sign.

Clear sight triangle means an area free of all obstructions that could interfere with the visibility of approaching drivers as defined in this Code.

(1)

An intersection clear sight triangle is located at an intersection between two streets. The area is a triangular-shaped piece of land, measuring 40 feet in distance along the major street, and 20 feet in distance along the minor street, both distances being measured from and along the back of the curb.

(2)

A driveway clear sight triangle is located at an intersection between an entrance or drive and a street. The area is a triangular-shaped piece of land, measuring 15 feet in distance along the street, and 15 feet in distance along the entrance or drive, both distances being measured from and along the back of the curb.

Cold frame means an unheated outdoor structure consisting of a wooden or concrete frame, and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.

Commercial cryptocurrency mining means the commercial process by which cryptocurrency transactions are verified and added to the public ledger, known as the block chain, and also the means through which new units of cryptocurrencies are released, through the use of server farms or data centers employing data processing equipment. Any equipment requiring a high-density load service, for a server farm or data center, will constitute a commercial cryptocurrency mining operation.

Commercial livestock means the raising of domestic animals for profit.

Commercial parking means a facility to provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

Commercial services, general is a use category that includes uses that provide for consumer or business services, and for the repair and maintenance of a wide variety of products. Personal services are not included in this use category.

Commercial speech means expression by a speaker for the purposes of commerce, where the intended audience is actual or potential consumers, and where the content of the message is commercial in character. Commercial speech typically advertises a business or business activity, or proposes a commercial transaction.

Commercial vehicles means uses available for large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft, or commercial boats that provide the following:

(1)

Rental services: A facility limited to office space, along with the display of commercial vehicles, which for a fee, are rented or leased.

(2)

Repair services: A facility that may provide and specialize in the repair of commercial vehicles.

(3)

Sales: A facility used primarily for the sale of commercial vehicles.

Common element means and includes all portions of a condominium project other than the condominium units. Common elements include, but are not necessarily limited to, the land on which units are located; installations for central services such as power, gas, lights, sanitary sewer, hot and cold water, heating, refrigeration, air conditioning and electricity; community and commercial facilities, including recreational facilities; all apparatus and installations for common use of unit owners; and all other parts of the condominium property necessary or convenient to its existence, maintenance and safety, or normally in common use and described or provided for in the declaration.

Community center means a meeting place used by members of the community for social, cultural or recreational purposes.

Community garden means an area managed and maintained by a group of individuals to grow and harvest food crops, or nonfood crops, for personal or group consumption, for donation, or for sale that is incidental in nature.

Community services is a use category that includes public, quasi-public and private uses that provide unique services that are of benefit to the public at-large.

Comprehensive plan means the comprehensive plan or master plan, made and adopted by the city, indicating the general locations recommended for major thoroughfares, streets, parks, public buildings, zoning districts, and other elements, including special studies supplemental thereof.

Condominium means a property development organized pursuant to, and in accordance with state statute.

Condominium split (applies only to land previously recorded as part of a final plat within the city limits) means a subdivision of condominium structures and property for the purpose of transfer of ownership which does not involve any new street, the extension of any municipal facilities, or the creation of any public improvements, and which does not adversely affect the remainder of the parcel or adjoining property, and which is not in conflict with any provision or portion of the comprehensive plan, the major street plan, the zoning regulations, or this chapter.

Condominium unit means a physical portion of the condominium, the boundaries of which unit are described in the declaration with an identifying number pursuant to state statute.

Congregate living facility and senior housing means a noninstitutional, independent group living environment, that integrates shelter and service needs of functionally impaired or socially isolated elders who do not need institutional supervision or intensive health care.

Construction contractor means the office, and indoor or outdoor storage facilities operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as repair facilities.

Convenience food store means a small food store whose primary function is the sale of convenience food items such as bread, milk, etc.

Copy means the wording on a sign surface, either in permanent or removable form.

Copy area means the geometric area in square feet that encloses the copy of the sign.

Copy extension means that part of the copy area which extends beyond the edge or border of the sign.

Crop raising means commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site: field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees, sod, vegetables, wine and table grapes. Also includes the following associated crop preparation services and harvesting activities: mechanical soil preparation; irrigation system construction; spraying. Does not include greenhouses.

Cryptocurrency means digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.

Cryptocurrency data center means a leased or owned boundaries of floor space devoted to the operating data processing equipment for commercial cryptocurrency mining; excludes spaces for commercial offices, storage, shipping and receiving, warehousing, or any other space that is not electronic processing.

Cryptocurrency server farm means three or more interconnected computers housed together in a single facility whose primary function is to perform cryptocurrency mining or associated data processing.

Cul-de-sac means a street that has one end open to traffic and the other being terminated by a vehicle turnaround.

Cultural institutions means buildings, structures, or facilities owned, operated, or occupied by a governmental entity or nonprofit organization to provide a service to the public, or preservation and exhibition of objects in one or more of the arts and sciences. This use includes libraries, museums and art exhibitions.

Data center means a facility whose primary service is data processing or data storage, and is used to house computer systems and associated components, such as central processing units, graphical processing units, neural networks, quantum bits, quantum processors, memory, data routing, data storage, server farm, bitcoin mining, crypto processing, virtual private networks, virtual servers, artificial intelligence training or processing, image processing, cloud computing, email servicing, a telecom hotel, telehouse co-location, or any other term applicable to facilities which are used for such purposes shall be deemed to be a data center.

Day care facilities is a use category that includes a building or structure wherein an agency, person, or persons regularly provides care for a child away from their own home for any part of the 24-hour day for compensation or otherwise. Child day care facilities include family day care homes, group day care homes, and child day care centers. They do not include preschools, nursery schools, facilities operated by a school system or in connection with a business establishment as a convenience for its customers, private or religious organization elementary or secondary schools, religious organization academic preschools or kindergartens for four- and five-year-old children, home schools, weekly Sunday or Sabbath schools, vacation bible schools or child care made available while the parents or guardians are attending worship services or other meetings and activities conducted or sponsored by a religious organization. Exempt activities:

(1)

Babysitting services of a casual, nonrecurring nature or in a child's own home.

(2)

Cooperative, reciprocated child care by a group of parents in their respective residences.

(3)

Caring for four or fewer unrelated children in a home.

Decibel (dB) means a decibel (dB) is ten times the common logarithm of the ratio of two power terms expressed in the same units of power.

Destruction means damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

Digital production means uses focused on digital production such as software and internet content development and publishing; computer systems design and programming; and graphic and industrial design.

Discharge means any substance disposed, deposited, spilled, poured, injected, seeped, leached, pumped, dumped, leaked, or placed by any means such that it can reasonably be expected to enter, intentionally or unintentionally, into waters of the state, or on any area draining directly or indirectly into the municipal separate storm sewer system (MS4).

District means any section of the city for which the regulations governing use of buildings and premises, and the height and area of buildings are uniform.

Drag show means all or any portion of a live entertainment performance in which characteristics of men or women are exaggerated by an in-person adult or group of adults who impersonate male or female characters while wearing extravagant costumes, which may include clothes, accessories, makeup, or removable prosthetics, excluding prosthetics for limbs or eyes; and

(1)

The impersonation by the adult or group of adults is intended to subvert gender stereotypes; and

a.

The performance includes jokes, references, dancing, singing, or any other conduct that depicts, describes, or relates to specified sexual activities, as defined herein.

Drag show establishment means an establishment at which a drag show is or has been offered as live entertainment.

Drive-through (thru) means the use of land, buildings, or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant, window or automated machine, to persons remaining in motorized vehicles that are in a designated stacking lane. A drive-through facility may be permitted only as an accessory use; i.e., in combination with other uses such as a bank or financial institution, restaurant, retail store, dry cleaners, laundry, or pharmacy. This definition does not include a vehicle washing facility, a vacuum cleaning station accessory to a vehicle washing facility, or a service station.

Drugstore or pharmacy means a facility for preparing, preserving, compounding and dispensing drugs and medicines; and may include the display and sale of other merchandise such as cosmetics, lotions, fountain service and similar items.

Dry cleaners means a facility that cleans clothing and other fabrics with chemical solvents that use little to no water.

Dwelling means any building or portion thereof, which is designed or used exclusively for residential purposes.

(1)

Dwelling, single-family detached means a detached building used exclusively for residential purposes having suitable accommodations for only one family.

(2)

Dwelling, single-family attached means a portion of a residential building having accommodations for one family, and that is located on separate lot of record apart from the remaining portions of the building. Each such dwelling may be sold independent of other portions. Typical structures include duplex and townhouse.

(3)

Dwelling, single-family, two-unit means a detached building used exclusively for residential purposes and designed for, or occupied by, two families living independently of each other.

(4)

Dwelling, patio home means a single-family detached dwelling shifted to one side of the lot, i.e., placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal.

(5)

Dwelling, multi-family means a building, or portion of a building, having suitable accommodations for three or more families, living independently of each other, who may or may not have joint uses of utilities, halls, yards, etc. This term includes premises occupied more or less permanently for residential purposes in which rooms are occupied in apartments, suites or groups, such as apartments or dormitories. For purposes of this definition, hotels or motels shall not be considered dwellings.

(6)

Dwelling, live/work means a use that combines a commercial activity allowed in the zone with a residential living space for the owner of the commercial business, or the owner's employee, and that person's household where: (1) the resident owner or their employee is responsible for the commercial activity performed; and (2) the commercial activity conducted takes place subject to a valid business license associated with the premises.

(7)

Dwelling, loft means a residential dwelling that is located above the ground floor of a multistory building.

Easement means a grant by the property owner to the public, a corporation, or persons, for the use of the described strip or area of land for specific purposes.

Eating and drinking is a use category for businesses that prepare or serve food, or serve prepared beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices and parking.

Education facilities is a use category for public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.

Electric vehicle charging station means a public or private parking space that is served by electric vehicle supply equipment whose primary purpose is the transfer of electric energy (by conductive or inductive means) to a battery in an electric vehicle.

Energy production and natural resource extraction is a use category that includes energy produced from resources that are regenerative, and the extraction or quarrying of oil, gas, coal, ores, stone, minerals, top soil or aggregate resources from the ground.

Energy production, renewable means energy produced from resources that are regenerative, or for all practical purposes, cannot be depleted.

(1)

Cogeneration facility: A structure in which electricity or mechanical power and thermal energy (heating or cooling) are generated from a single fuel source.

(2)

Solar array: A freestanding, ground-mounted solar collection system consisting of a linked series of photovoltaic modules with a rated capacity of up to ten kilowatts, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating on-site; however, the energy output may be delivered to a power grid to offset the cost of energy on-site.

(3)

Wind energy, commercial: A wind energy conversion system consisting of more than one wind turbine and tower that will be used primarily for off-site consumption of power, or a wind energy system that has a rated capacity in excess of 100 kW.

(4)

Wind energy, small: A wind energy conversion system consisting of one wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than 100 kW, and that is intended to primarily reduce on-site consumption of utility power.

Erosion means the wearing away of land due to the action of gravity, wind, water, or other mechanical forces.

Erosion and sediment control manual means the manual which establishes minimum stormwater pollution prevention plan (SWPPP) requirements and provides best management practices (BMP) guidelines.

Existing finish grade means the highest point of elevation within the area below the sign and the parcel line or, when the parcel line is more than five feet from the sign, between the sign and a line five feet from the sign, excluding all planter boxes, foundations, berms, or any other surface alteration that would increase the height of the sign.

Family means one or more persons related by blood, marriage, legal adoption or guardianship, or not more than four persons not so related, living together on the premises as a single housekeeping unit, and shall not be interpreted to include the following facilities addressed in this chapter: congregate living facilities, dormitories, group homes, nursing home or workforce housing.

Family day care home means a child care program for no more than ten children not related to the provider for any part of the 24-hour day.

Farm products warehouse and storage means a structure containing an area available for the purpose of storing agricultural materials, goods, or property.

Farmer's market means an outdoor or partially enclosed market open to the public where vendors offer for sale farm products or goods produced from farm products.

Feed store means a facility for the sale of grain, prepared feed and forage for pets, livestock or fowl, but not involving the grinding, mixing or commercial compounding of such items.

Financial institution means a facility which has as its primary purpose the custody, loan, exchange or issue of money, the extension of credit and the transmission of funds, including drive-in facilities and automatic teller machines.

Flag means a rectangular piece of fabric of distinctive design, not including streamers, banners, or pennants.

Floor area, gross means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Floor area ratio (FAR) means the measurement of the relationship between the amount of useable floor area permitted in a building (or buildings), and the area of the lot on which the building stands. FAR is obtained by dividing the gross floor area of a building by the total area of the lot.

Florist means a facility for the retail sale of cut or uncut flowers, ornamental plants and accessory items. Enclosure of use required.

Food truck means a business that is limited to the sale of food and beverages to the public from an enclosed, self-contained, motorized vehicle whether stand-alone or as part of a food truck court. The term "food truck" shall include vending carts and trailers pulled by a vehicle unless otherwise specified within this chapter.

Food truck court means a parcel of land where four or more food trucks are congregated.

Forest land means a land cover that is at least ten percent stocked by single-stemmed woody species of any size that will be at least 13 feet tall at maturity. Also included is land bearing evidence of natural regeneration of tree cover (cut over forest or abandoned farmland), and not currently developed for non-forest use. Ten percent stocked, when viewed from a vertical direction, equates to an aerial canopy cover of leaves and branches of 25 percent or greater. The minimum area for classification as forest land is one acre, and the area must be at least 100 feet wide.

Fortune telling means and includes the telling of fortunes, forecasting of fortunes or futures, or furnishing of any information not otherwise obtainable by ordinary process of knowledge, by means of any occult, psychic power, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves, or other such reading, mediumship, augury, astrology, palmistry, necromancy, mind reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized ordinance or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, or other similar means, of any kind or nature. A fortune telling business shall not be considered a home occupation or classified as a religious assembly use.

Freight terminal and warehouse means a business, service or industry involving the use of commercial vehicles in the loading, unloading and transportation of cargo. May also include the fueling, maintenance, servicing, storage or repair of commercial vehicles, or the storage of cargo.

Frontage means the length of the property abutting one side of a street or place measured along the dividing line between the property and the street or place.

Frontage, building means the wall of the primary building that faces the street abutting the property. If the building is located on a corner lot, the frontage may be any of the walls of the primary building that face a street.

Frontage, street means the length of the property line of any one property along a public right-of-way on which it borders, measured along the property line.

Funeral home/parlor means a building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation.

Garage/yard/estate sale means a sale of personal property that is conducted on premises within a residential district upon which a dwelling is located, or on any portion of a lot used for residential purposes.

Go-cart track means a track used for racing go-carts.

Government offices and facilities means a place for the regular transaction of governmental business that may include emergency services, and public services and utilities.

Grocery store means a marketplace or establishment where foods and associated items are kept and displayed for retail sales.

Group day care home means a child care program where care is given by a person licensed as a group day care home provider for 11, but not more than 20, children not related to the child care provider for any part of the 24-hour day.

Group home means any home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other, or to any of the mentally or physically handicapped persons residing in the home.

Group living is a use category is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living." Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site.

Health care facilities is a use category characterized by activities focusing on medical services, particularly licensed public or private institutions, that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury or other physical or mental conditions. Accessory uses may include laboratories, outpatient, or training facilities, parking, or other amenities primarily for the use of employees in the firm or building.

Home occupation means a gainful activity, resulting in a product or service that is conducted in whole or in part on a property zoned or occupied as residential.

Home supply and lumberyard means a facility for the retail sale of home, lawn and garden supplies, and construction materials such as brick, lumber and other similar materials.

Hoop house means a structure made of PVC piping or other material, covered with a see-through material, and constructed in a half-round or "hoop" shape.

Hospital means a facility or area for providing health services primarily for human in-patient medical or surgical care for the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

Hotel means a building which provides a common entrance, lobby, halls and stairways, and in which lodging is provided to transient guests.

Household living is a use category characterized by residential occupancy of a dwelling unit by one or more persons. Pursuant to state statute, single-family dwellings or residences also include "any home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home," defined herein as a group home.

Housekeeping unit means a building or portion of a building which is occupied or intended to be occupied as a dwelling, and which has the facility for cooking and serving meals and for sleeping quarters, and which may or may not include rooms or facilities.

Industrial services is a use category of firms that are engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Contractors and similar users perform services off-site. Few customers come to the site. Accessory activities may include sales, offices, parking, and storage.

Kennel means any place, area, building, or structure where pets are boarded, housed, cared for, fed or trained by other than the owner.

Land disturbance means any activity that exposes soil including clearing, grubbing, grading, excavating, filling, and other related activities.

Land disturbance permit means the document issued by the city approving the stormwater pollution prevention plan (SWPPP) and authorizing land disturbance activity in accordance with the stormwater pollution prevention plan (SWPPP).

Landscaped area means that area not covered by impervious surface and which contains ground cover, including any combination of the following: trees, shrubbery, perennials, annuals, and mulch.

Laundromat means a coin, credit, or app-operated facility designed for use by the general population for the cleaning of domestic laundry items.

Laundry service station means a facility for the collection and return of domestic laundry items. This use shall be totally enclosed.

Library means an establishment for the loan or display of books which is sponsored by a public or quasi-public agency, and which institution is open and available to the general public.

Lockout unit means one or more rooms within a dwelling unit which is under single, undivided ownership, which are connected to the primary dwelling area by a lockable door, or doors, so as to be capable of occupancy as separate quarters. Such unit may include sleeping, sanitary and kitchenette facilities. A lockout unit shall not be considered a separate dwelling unit unless it is conveyed into separate ownership from the rest of the dwelling unit, or it exceeds 195 square feet in area, in either of which cases, it shall be considered a separate dwelling unit for purposes of calculation of dwelling unit densities. Dwelling units containing lockout units which have been conveyed into separate ownership shall be required to provide parking at the rate of one parking space for each separate dwelling unit containing one bedroom, and one and one-half parking spaces for each separate dwelling unit containing two or more bedrooms. In addition, a lockout unit which is conveyed into separate ownership shall be required to pay an additional sewer capacity fee as a separate dwelling unit.

Lodging establishment is a use category including any building, group of buildings, structure, facility, place, or places of business where guestrooms are provided, which is owned, maintained or operated by any person, and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, apartment hotel, resort, cabin, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, nontransient guests, or for both transient and nontransient guests.

Lot width means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The planning and development director may use reasonable modifications to this procedure when determining the width of an irregular lot.

Lumberyard means a facility that sells and stores cut lumber and other associated or accessory building materials.

Major street plan means the plan established by the city, pursuant to state law, showing the general alignment and functional classification of streets, highways, and parkways of an ultimate urban arterial network. The purpose of this plan is to guide development of the arterial street network, and to identify appropriate street rights-of-way to be secured at the time of subdivision platting. The plan may be amended, added to, or otherwise refined by the subdivision platting process, or by the planning commission and board.

Manufactured engineered non-residential unit (MENU) means an engineered structure, non-residential in use designed for data centers.

Manufactured home means any home factory-built in the United States to the HUD Title 6 construction standards.

Manufactured structure means and includes any portable structure, vehicle, trailer, mobile home, modular structure, framework, container, platform or device, vehicular in design, which may be drawn, towed or transported from one location to another without basic change in structure or design, whether on wheels or not, and whether designed or used as living or sleeping quarters or not. The term "manufactured structure" includes any structure above-described used for a commercial or residential purpose.

Manufacturing and assembly is a use category including uses that produce goods from extracted and raw materials, or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced.

Manufacturing, artisan/light means light manufacturing businesses that operate in a fully-enclosed space and do not cause external disturbances or pollution. This category also includes spaces used by artists or craftspeople for the creation of art, craft, or similar endeavors.

Manufacturing, general means establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished, and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on-site, but if so, such activity is a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters.

Manufacturing, heavy means a facility or area for generally mass producing goods usually for sale to wholesalers or other industrial or manufacturing uses. A heavy manufacturing use is one which employs the following or similar types of processes:

(1)

The milling of grain as retail sales and service.

(2)

Producing animal food and tanning animal hides.

(3)

Production of large durable goods such as, but not limited to, motorcycles, cars, manufactured homes or airplanes.

(4)

Canning or bottling of food or beverages for human consumption using a mechanized assembly line.

(5)

Manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents, and other chemical products; and use of a foundry for metals.

(6)

Production of items made from stone, clay, metal or concrete.

(7)

Tire recapping or retreading.

(8)

A facility or area for generally mass producing goods usually for sale to wholesalers or other industrial or manufacturing uses.

Marina means a facility or area for storing, servicing, fueling, berthing, and security and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests.

Marquee means a permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a façade of a building.

Massage establishment means any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any therapeutic massage activities and licensed by the state.

Medical and dental office and clinic means a facility for examining, consulting with and treating patients, including offices, laboratories and outpatient facilities, but not including hospital beds for overnight care or treatment.

Medical and research laboratory means a facility or area for conducting medical or scientific research, investigation, testing, or experimentation, but not facilities for the manufacturing or sale of products, except as incidental to the main purpose of the laboratory. This definition also includes labs for the manufacturing of dentures and prostheses.

Microbrewery means an establishment where beer and malt beverages are made on the premises and then sold or distributed, and which produces 10,000 or less barrels (a barrel is approximately 31 gallons) of beer per year. Microbreweries sell to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the consumer.

Miniature golf means a novelty golf game played with a putter on a miniature course usually having tunnels, bridges, sharp corners and obstacles.

Mining and quarrying means any mine, surface mine, pit, or quarry operation.

Minor subdivision means a subdivision of land for the purpose of transfer of ownership that does not contain more than three parcels fronting on an existing street.

Mobile home means a dwelling structure built on a steel chassis and fitted with wheels that is intended to be hauled to a usually permanent site.

Modular housing means a factory-fabricated, transportable building designed to be used, or to be incorporated with, similar units at the building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated sub-elements such as panels, roof trusses, plumbing trees, or similar sub-elements.

Motel means a group of attached or detached permanent structures containing five or more individual sleeping units or guestrooms designed and used for the accommodation of transient guests. The term "motel" does not include campgrounds, and vehicle parks as defined elsewhere in this chapter.

Municipal separate storm sewer system (MS4) means a public conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

(1)

Designed or used for collecting or conveying stormwater;

(2)

Is not a combined sewer; and

(3)

Is not part of a publicly owned treatment works (POTW).

Museum means an institution devoted to the procurement, care, study, and display of objects of lasting interest or value.

Natural forest means a biological community dominated by native trees and other woody plants covering a land area of 10,000 square feet or greater.

Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Noise disturbance means any sound which:

(1)

Endangers or injures the safety or health of humans or animals; or

(2)

Annoys or disturbs a reasonable person of normal sensitivities; or

(3)

Endangers or injures persons or real property.

Nonconforming structure means a lawfully existing building or portion thereof that does not conform to the provisions of this Code in the zoning district in which it is situated as established in this chapter, or in previously applicable zoning regulations.

Nonconforming use means a structure or premises legally occupied by a use that does not conform to the provisions of this chapter in the zoning district in which it is situated as established in this chapter, or in previously applicable zoning regulations.

Nursing, convalescent, and rest home means an institution or agency licensed by the state for the reception, board, care or treatment of three or more unrelated individuals who by reason of illness or infirmity are unable to properly care for themselves, but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.

Off-premises contact, primary (OPC) means a stand-alone building, booth, kiosk, stand or similar structure where off-site timeshare plans, timeshare units or vacation clubs are marketed. OPC, accessory is the location of this use within the structure of another primary use.

Office is a use category for a facility that provides executive, management, administrative, or professional services not specifically listed elsewhere in this chapter, but not involving the sale of merchandise except as incidental to a permitted use. Typical examples include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, call centers, and similar offices. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

Office, business and professional means a place for the regular transaction of business, but not to include the occupation by retail sales, transfer of manufactured goods or the storage of commodities.

Oil and gas development means the well site preparation, construction, drilling, re-drilling, hydraulic fracturing, or site restoration, reclamation and other activities associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; the installation and use of all associated equipment, including tanks, meters and other equipment and structures, whether permanent or temporary; the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment; and other equipment and activities associated with the exploration for, production and transportation of oil and gas.

Outdoor sales means the outdoor display of products or services that are intended for retail or wholesale purchase.

Outdoor storage means the keeping of any goods, materials, merchandise, or equipment outside of an enclosed building for more than 24 hours.

Parcel means a portion of a subdivision or other tract of land intended as a unit for transfer of ownership or for development.

Park and playground means a facility or area for recreational, cultural, or aesthetic use owned or operated by a public agency and available to the general public. This definition may include, but is not limited to, lawns, decorative plantings, walkways, passive recreation areas, pavilions, wooded areas and water courses.

Park and ride lot means an area or structure intended to accommodate parked vehicles during normal commuting hours, usually 5:00 a.m. to 8:00 p.m., Monday through Friday, where commuters park their vehicles and continue travel to another destination via public transit, carpool, vanpool or bicycle.

Parking lot means a parcel of land devoted to unenclosed parking space which may include partially enclosed structures.

Parking space means a suitably surfaced area, either within or outside of a building, which is sufficient in size to store one standard automobile.

Parks and open space is a use category with uses that focus on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. These lands tend to have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking.

Pedestrian way means a right-of-way, dedicated or otherwise assigned to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

Pennant means a piece of fabric, plastic, or other flexible medium that may be in the shape of a triangle, rectangle, or other shape, is typically mounted to a flexible cord or rope that is stretched across two points, is mounted in quantity, and spaced along the cord or rope.

Personal vehicles means uses available for automobiles, small trucks or vans, motorcycles, motor homes, recreational vehicles, and recreational boats that provide the following:

(1)

Rental services: A facility limited to office space, along with the display of automobiles, which for a fee, are rented or leased.

(2)

Repair services: A facility that may provide and specialize in the repair of certain auto parts such as brakes, mufflers, collision repair or transmissions.

(3)

Sales: A facility used primarily for the sale of automobiles and trucks.

Pet grooming means a facility for the grooming of pets where no outside runs are provided.

Pet shop means a facility for the display and sale of any fish, birds, dogs, cats and other small animals as pets without involving commercial boarding or the treating of any animal, fish or bird.

Place means an open, unoccupied space dedicated to purposes of access for abutting property.

Planned development means land under unified control, planned and developed as a whole, in a single development operation or a definitely programmed series of development operations, including all lands, and buildings for principal and accessory uses substantially related to the character of the district, according to comprehensive and detailed plans which include not only streets, utilities, parcels or building sites and the like, but also site plans, floor plans, and elevations for all buildings intended to be located, constructed, used and related to each other (to the extent required for determinations to be made under these regulations), and detailed plans for other uses and improvements on the land as related to the buildings, and with a program for provision, operation and maintenance of such areas, improvements, facilities and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated and maintained at general public expense.

Plant nursery and greenhouse means a facility or area for the growing, displaying, and sale of plant stock, seeds, or other horticulture items. This may include raising plants outdoors or in greenhouses for sale either as food or for use in landscaping.

Plat, final means a complete and exact subdivision plat, prepared for official recording as required by statute, to define property boundaries, proposed streets, and other improvements.

Plat, preliminary means a formal plan, drawn to scale, indicating prominent existing features of a tract and its surroundings, the general layout of the proposed subdivision, and its relationship to the surrounding area.

Pollution means any alteration of the quality of waters of the state to a degree that they are rendered harmful, detrimental, or injurious to humans, natural life, vegetation, property, or to the public health, safety, and welfare, or otherwise impairs the usefulness or public enjoyment of waters for any lawful and reasonable purpose, including interference with the proper functioning of the municipal separate storm sewer system (MS4).

Porch means a roofed structure projecting from a building, and separated from the building by the walls thereof, and having no enclosed features except roof supports, railing or screen wire.

Portable storage unit means any container designed for the outdoor storage of personal property, including a "POD" or similar storage container, which is typically rented to owners or occupants of property for their temporary use, and which is delivered and removed by vehicle.

Portable structure means a prefabricated structure assembled off-site and delivered to the site as a complete unit or a building purchased in kit form and assembled on-site, which can be moved without disassembly to another location, similar to a kiosk.

Premises means any one or more parcels directly abutting each other and all under the same ownership upon which any building is located.

Principal use means a primary, principal, or dominant use established or proposed to be established on a parcel. In a mixed-use building there may be more than one principal use.

Private restrictions affecting the subdivision means restrictions on private open space used to meet the dedication of land required under this chapter, and restrictions on the common elements for condominium development defined in this chapter.

Promotional event means an event focused on the promotion of a specific product or family of products, and may include outdoor sales or other activities or entertainment designed to entice the public to the business' site.

Public community forest means all street and park trees, and trees owned by the city as a total resource.

Public events means an event or activity open to the public or offered for general public enjoyment with or without an entrance fee, which is sponsored by a not-for-profit organization, or sponsored by a for-profit organization held within a convention type facility having no less than 10,000 square feet of meeting area. Public events held on private property may require a temporary use permit. Public events held on public property may require a special event permit.

Public service facilities means an organization supplying a community with electricity, natural gas, water, or sewer and their accompanying services.

Public view means the normal line of sight from the public street right-of-way adjacent to a site, and from the public pedestrian and motor vehicle areas of travel provided within a site.

Publishing means a facility engaged in creating and printing newspapers, magazines, periodicals and brochures.

Recording studio means a facility for sound recording.

Recreation and entertainment, indoor means any indoor establishment that is a primary use whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity. This may include, but not be limited to, skating rinks, bowling alleys, billiard halls and amusement parlors.

Recreation and entertainment, outdoor means any outdoor establishment whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity. This may include, but not be limited to, water slides, water parks, miniature golf courses, go-kart tracks, zip-lines and zoos.

Recreation areas and facilities means facilities or equipment that are used for public recreational or natural resource purposes that have a relatively low flood damage potential, and do not involve a structure. This includes, without limitation: bicycle, equestrian or pedestrian trails and paths, benches, ball fields, tennis and basketball courts, interpretive facilities and golf courses.

Recreational vehicle park means any property where one or more lots are rented to users of recreational vehicles, and which are occupied for temporary purposes.

Recycling drop-off center means a facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, plastic, paper, or cardboard for recycling purposes conducted totally within an enclosed structure or container. This definition does not include processing except for "can banks" that crush cans as they are deposited.

Religious assembly means a facility or area for people to gather together for public worship, religious training, or other religious activities including a church, temple, mosque, synagogue, convent, monastery, or other structure, together with its accessory structures, including a parsonage or rectory. This use does not include home meetings or other religious activities conducted in a privately occupied residence. Accessory uses may include meeting rooms and childcare provided for persons while they are attending assembly functions. Schools are not accessory uses and shall require approval as separate principal uses.

Rental storage operations means a facility for individuals to rent a space for the purpose of storing their goods or belongings.

Repair, renewal, refurbishment, and restoration are synonymous and may be used interchangeably to mean "to restore to a former, better state, and resembling the original design and construction as closely as possible" when describing a damaged sign or a sign in disrepair.

Replat means a change in the map of a recorded subdivision plat if such change affects any street layout shown on such map, or area reserved therein for public uses, or any parcel line; or if it affects any map or plans legally recorded prior to the adoption of any regulations controlling subdivisions.

Responsible party means the property owner or person authorized to act on the property owner's behalf; or any person allowing, causing, or contributing to a violation of the Code.

Restaurant means an establishment where food and drinks are available to the general public primarily for consumption within a structure on the premises.

Retail is a use category for firms involved in the sale, lease, or rental of new or used products to the general public. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging or repair of goods for on-site sale.

Retail, general means a facility or area for the retail sale of general merchandise or food to the general public for direct consumption, and not for wholesale.

Runoff means that part of rainfall that flows off the land into streams or other surface waters.

Satellite antenna or dish means a receiving or broadcasting antenna for television, circular in form and more than three feet in diameter, which may or may not be mounted on wheels for transportation, and, for the purpose of this chapter, shall be considered an accessory building and must meet all regulations concerning such structures.

Satellite earth station. The term "satellite earth station" shall not include any antenna which is mounted to a self-supporting, guyed or monopole antenna support structure.

School, primary or secondary means an institution of learning for minors, whether public or private, which satisfies compulsory education laws of the state, or which is maintained pursuant to standards set by the state board of education. This definition includes a kindergarten, elementary school, junior high school and senior high school.

School, vocational-technical and trade means a facility or area for instruction and training in trades or crafts such as cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities, auto repair, welding, bricklaying, machinery operation, or other similar trades or crafts.

Searchlight means a device, usually consisting of a light and a reflector, for throwing a beam of light in any direction; may also include outdoor laser lights and floodlights.

Seasonal decorations means decorations and temporary signs that are clearly incidental, customary, and commonly associated with a holiday, birthday, anniversary, graduation, or similar occasion.

Seasonal sales means the sale of Christmas trees, fireworks, pumpkins, fruits, flowers or vegetables, or other seasonal products, when sold on property other than on the site where grown, constructed, or assembled.

Sediment means mineral or organic matter generated as a result of erosion.

Service station means a facility where gasoline, oil and other requirements for motor vehicles can be bought, and often where maintenance and minor repair work is also done.

Setback line means the line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be placed.

(1)

Front setback means the minimum distance required, or maximum distance allowed between a building, structure, or improvement and the front lot line.

(2)

Interior side setback means the minimum distance required between a building, structure, or improvement and a lot line that is shared with another lot.

(3)

Side setback means the minimum distance required between a building, structure, or improvement and a street on either side of a lot.

(4)

Rear setback means the minimum distance required between a building, structure, or improvement and the rear lot line.

Shelter care facility means a facility that provides temporary, overnight shelter and accommodations.

Short-term rental means a dwelling or portion thereof, in which guestrooms are available to transient guests.

Sign means any writing (including letter, word, or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, animal or product form), emblem (including any device, symbol, trademark, object, or design which conveys a recognizable meaning, identity, or distinction), or any other figure of similar character that is a structure or any part thereof, or is written, painted, projected upon, printed, designed into, constructed, or otherwise placed on or near a building, board, plate, or upon any material object or device whatsoever, that by reason of its form, location, manner of display, color, working, stereotyped design, or otherwise attracts or is designed to attract attention to the subject or to the property upon which it is situated, or is used as a means of identification, advertisement, or announcement. The term sign shall not include the following:

(1)

Window displays of merchandise or products;

(2)

Art that does not include commercial speech;

(3)

Products, merchandise, or other materials which are offered for sale or used in conducting a business, when such products, merchandise, or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise, or materials; and

(4)

Any feature of display that would otherwise be considered a sign, but that has been found by the planning commission to be an integral part of a building in either the Downtown District or Entertainment District, and the feature or display contributes to the character of the building.

Sign, a-frame means a sign consisting of two sign faces placed together at an angle of 90 degrees or less to form an "A" shaped structure that tapers from a wide base to a narrow top.

Sign, abandoned means a sign for a business that is no longer in operation at the location, or for which no legal owner can be found, for a period of six months or more.

Sign, attached means a sign that is mounted on, or attached to a structure, including a wall sign, window sign, roof sign, or projecting sign.

Sign, awning means a type of sign with one face affixed to an awning.

Sign, banner means a type of temporary sign that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, mounted in a freestanding frame, or hung on walls with ties, clips, rails, brackets, hooks, or frames.

Sign, canopy means a type of sign with one face affixed to a canopy.

Sign, changeable copy means a sign for which the informational content can be changed or altered by manual means. A changeable copy sign with copy that is changed electronically is referred to as an electronic message center (EMC) sign.

Sign, damaged means a sign that, for any reason, has received less than 50 percent damage to any combination of the copy area or sign structure.

Sign, destroyed means any sign that, for any reason, has received 50 percent or greater damage to any combination of the copy area or sign structure.

Sign, double-faced means a sign with two faces that are parallel or within 30° of parallel.

Sign, electronic message center (EMC) means an electronic sign that utilizes video content, whether static or motion, to advertise products, services, and businesses, and is digitally programmed and controlled, either directly or indirectly, by the use of a computer or software. The term electronic message center sign includes, but is not limited to, light-emitting diodes, liquid crystal displays, and plasma screen displays.

Sign, freestanding means a ground-mounted sign erected on a permanently set pole or poles, mast, or framework that is not mounted on or attached to a structure; includes an access point sign, monument sign, or pole sign.

Sign, inflatable means a sign that is constructed from an envelope flexible material that is given shape or movement by inflation.

Sign, light pole banner means a banner sign stretched vertically between two horizontal pole extensions that are attached to a light pole within an off-street parking area.

Sign, light projection means any image, text, or other content that is projected onto an outdoor surface (e.g., a building wall, window, or sidewalk) by a laser projector, video projector, video mapping, or other comparable technology, in a location such that the image, text, or content is obviously visible from outside of the property.

Sign, marquee means a sign attached to a marquee.

Sign, monument means a sign supported by the ground and not attached to a building or structure, and where the bottom edge of the sign structure is on or in the ground.

Sign, moving billboard means a sign attached in any way to a vehicle operating in the public right-of-way, that is used for the primary purpose of advertising, and where the vehicle is either: (1) not used primarily for the transportation of passengers for hire or goods, or (2) is not designed for the transportation of passengers for hire or goods.

Sign, multi-tenant monument means a monument sign permitted for a property with three or more tenants, as identified by individual tenant addresses.

Sign, off-premises means a sign advertising any product, service, use, or enterprise sold or offered at a location other than the property where the sign is physically located.

Sign, on-premises means a sign advertising any product, service, use, or enterprise sold or offered at the location where the sign is physically located.

Sign, on-vehicle means any magnetic sign(s), signs painted or wrapped on, adhesive vinyl film affixed to a window, or attached by other temporary or permanent means to a vehicle, where the vehicle is owned by the business, is operable and properly licensed, and the vehicle is regularly and consistently used in the normal daily conduct of the business, such as delivering or transporting goods or providing services related to the business.

Sign, pole means a sign which is supported by one or more uprights, poles, or braces affixed to the ground, and not attached to a building or structure.

Sign, portable means a sign that is not affixed to a structure and can be moved from one location to another without disassembly.

Sign, projecting means a vertical edge mounted sign that is attached directly to the wall of a building, and which extends at least one foot from the face of the wall, and is typically mounted perpendicular to the wall surface.

Sign, rider means a subordinate sign that is attached to a temporary sign, either above or below the sign face.

Sign, roof means a sign erected on a roof, including a mansard type roof, where any portion of the sign extends above the roofline of a building or structure, or that is mounted upon the horizontal plane of a flat roof structure, which may include the roof of a canopy or porte-cochère that is attached to a building.

Sign structure means the base, footer, support poles, framing, and all other parts and components onto which the copy area is resting or attached.

Sign, subdivision means a monument sign located at the entrance of, and identifying the name of a legally platted subdivision of land.

Sign, temporary means a sign that is: (1) constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a durable substrate; or (2) if made of some other material, is neither permanently installed in the ground, nor permanently affixed to a building or structure that is permanently installed. Temporary signs may include rider signs.

Sign, under canopy means a sign that is suspended beneath an awning, canopy, ceiling, soffit, or roof.

Sign, wall means any sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall, and extending not more than two feet from the face of the wall, and not extending above the highest point of the wall.

Sign, walker means a person who carries a sign which is worn, held, or balanced by that person, and is not installed or attached to real property.

Sign, wind means a display of pennants, streamers, balloons, whirligigs, wind blades, or similar devices, activated by wind.

Sign, wind blade, feather, or teardrop (referred to as "flutter flags") means a piece of cloth or other similar material, varying in size, color, and design, that is attached to a pole or staff, and may be in the shape of a vertically-oriented rectangle, teardrop, or similar, where typically the cloth or material is supported by wire to maintain the shape of the flag.

Sign, window means a solid or transparent sign that is: (1) painted on or affixed to either side of a window or door, or (2) a sign or display internal to a window or door that is within five feet and can be seen from the outside.

Sign, yard means a type of temporary sign that is constructed of paper, vinyl, plastic, wood, metal, or other comparable material, which is mounted on a stake or a frame structure (often made from wire) that includes one or more stakes.

Signage means any graphics, symbols, or written copy designed specifically for the purposes of advertising or identifying an establishment, product, goods or services.

Single housekeeping unit means any household whose members are an interactive group of persons jointly having access to, and use of, all common areas of a dwelling unit including living, kitchen, and eating areas, and sharing household activities and responsibilities such as meals, chores, expenses and maintenance, and whose makeup is determined by the members of the unit rather than by the landlord, property manager, or other third party.

Slope means the inclination of the soil surface from the horizontal. Slope percent is the vertical distance divided by the horizontal distance, then multiplied by 100.

Sound pressure level (SPL) means the sound pressure levels stated in dB units referenced to 20 micropascals, with a C frequency weighting and measured as Leq (equivalent continuous sound level) over a 15-minute measurement period (reference ANSI S1.4/IEC 61672 and IEC 801-22-16).

Special event means a preplanned, single gathering event or series of related consecutive daily gatherings or events, of an entertainment, cultural, recreational, educational, political, religious, sporting, or of any other nature, sponsored by an individual or entity, and which could result in activity impeding or impairing the normal flow of vehicles and pedestrians on streets, sidewalks or other public facilities used primarily for travel; require the partial closing or obstruction of such; or requires the necessity of public safety or traffic control measures not already provided at the proposed site of the event.

Special use means the use of land other than that permitted in a particular zoning district. Special use requires a permit from the planning commission as described in this chapter.

Sponsor means to conduct, stage, present or organize a special event. A sponsor under this definition shall be in charge of the event, or have primary control of its conduct, staging, presentation, or organizing.

Stables means a structure or land, in or on which equines are kept for sale or hire to the public. Breeding, boarding, or training of equines may also be conducted.

Stormwater means any surface or shallow subsurface flow, runoff, or drainage consisting entirely of water from rainstorm or frozen precipitation events.

Stormwater pollution prevention plan (SWPPP) means a plan to establish controls to limit erosion and transport of sediment and other pollutants from the site.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Stream means a flow of water in a channel or bed, as a brook, rivulet, or small river.

(1)

Perennial stream means a stream, or reach of a stream, that normally flows continuously throughout the year. Perennial streams are those which are depicted on a United States Geological Survey (USGS) map with a solid, blue line.

(2)

Intermittent stream means a stream have flowing water periods during the wet season (winter thru spring), but are normally dry during summer months. Intermittent streams are those which are depicted on a United States Geological Survey (USGS) map with a dotted, blue line.

Street, arterial means a street or road of considerable continuity which serves, or is intended to serve as a principal traffic way between separate areas or districts, and which is the main means of access to the collector street system, highways, or expressways.

Street, collector means streets, which, in addition to serving abutting properties, intercept local streets, connect with community facilities, and carry neighborhood traffic to the arterial street system.

Street, commercial means a street used to provide access to abutting commercial properties.

Street, frontage or service means a street which is generally parallel to, and adjacent to, a major highway or railroad right-of-way, and which provides access to abutting properties, and protection from through traffic.

Street line means the dividing line between a tract or parcel of land and a street.

Street, local means a street designed to provide access to abutting properties from collector and arterial streets.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, floor joists, roof joists or girders, or any substantial change in the roof or exterior walls.

Structure area means the total surface area of the structure of a monument sign that supports its copy area and contains dimensional or material differences from the plane of the sign face.

Studio—Art, fitness, music, dance means a small-scale facility for the production of or education in a fine art, dance, or performance program. Examples of these facilities include: individual and group instruction and training in the arts and production rehearsal, photography and the processing of photographs produced only by users of the studio facilities, martial arts training studios, and gymnastics instruction and fitness centers. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.

Subdivision means a division of a parcel of land into two or more parcels for the purpose of transfers of ownership or development, whether immediate or future, including all changes in street or parcel lines. The term "subdivision" includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, map, plat, or other recorded instrument, and further includes the creation of a condominium, townhouse, or any other division of property into units.

Substantial rain event means a rain event which has a rainfall intensity that causes erosion or a rain event that exceeds one inch within a 24-hour period.

Tattoo parlor means an establishment whose business activity, either in terms of operation or as held out to the public, is the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substance that results in the permanent coloration of the skin, by means of the use of needles or other instruments designed to contact or puncture the skin.

Temporary office facilities means a temporary portable unit for office or real estate sales use.

Temporary use means a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time, and does not involve the construction or alteration of any permanent structure.

Temporary vehicle washes means a car or vehicle wash conducted as a temporary activity rather than as a permanent business, typically for fundraising.

Tenant means a single incorporated use of a premise for which a certificate of occupancy has been issued, which is separated from another business by demising walls and has a separate entrance.

Terrace means an artificial or natural embankment in the area between a building and a parcel line.

Theater means a building, room, or other setting for showing movies, or for where plays, dramatic presentations or other live entertainment is performed.

Thrift store means a profit or nonprofit business or organization that engages in, or specializes in, the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales, and whose merchandise is donated, or principally donated.

Timeshare periods means all periods of time when a purchaser of a timeshare plan is entitled to the possession and use of the accommodations or facilities, or both, of a timeshare plan regardless of whether such periods are designated as one or more specific days, weeks or months.

Timeshare plan means any arrangement, plan, scheme or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement or any other means, whereby a purchaser, in exchange for a consideration, receives one or more timeshare periods, or any type of interval or joint ownership in, or a right-to-use, any accommodation or facility for a period of time which is less than a full continuous and uninterrupted year during any given year, and which extends for a period of time more than three years, as to each individual timeshare development subject to purchase.

Timeshare unit means an accommodation or facility of a timeshare plan which is divided into timeshare periods, or is otherwise subject to interval or joint ownership, or use by the purchaser of the timeshare plans.

Transparent means having the property of transmitting light through its substance so that objects behind can be distinctly seen.

Transportation is a use category that includes uses involving public and private modes of vehicular transportation.

Trees, park means trees, shrubs, and all other woody vegetation in public parks.

Trees, street means trees, shrubs, and all other woody vegetation on land lying between a property line on either side of all streets, avenues, and rights-of-way.

Truck stop means a development oriented to the service of trucks, including the sale of fuel to truck drivers, and provision for support facilities for truck drivers. Truck stops are designed to accommodate trucks and truck drivers, and may also be utilized by nontruck traffic. This facility allows for the temporary, daily, or overnight parking (excluding for the loading and unloading of cargo) of commercial motor vehicles which are en-route to, or from a destination, along a highway or roadway for free or for a fee that may be independent of any other use on the premises. The term "truck" shall mean a commercial vehicle driven by a 'truck driver' who is required to have a Class "A" CDL (commercial driver's license) license or equivalent.

University or college means an academic institution of higher learning beyond the level of secondary school.

Urgent care facility means a facility licensed by the Missouri Department of Health and Senior Services that provides emergency medical services with no provision for continuing care on an inpatient basis.

Utility is a use category for the use of land for public or private lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and facilities for the generation of electricity.

(1)

Utilities, major facilities/service yard means infrastructure services that have substantial land use impacts on surrounding areas. Typical uses include, but are not limited to, water and wastewater treatment facilities, major water storage facilities and electric generation plants. This definition also includes service yards for utility providers.

(2)

Utilities, minor facilities/office means infrastructure facilities and services that need to be located in the area where the service is to be provided such as water and sewer pump stations, electrical transforming substations, wind energy conversion systems, solar collector systems, water conveyance systems or gas regulating stations.

Vehicles and equipment is a use category for uses involving the sale, rental or repair of personal and commercial vehicles.

Vending cart means a readily movable, nonmotorized cart equipped to prepare, store, serve, or sell food and beverages, and not exceed a size of eight feet in height, four feet in width, and ten feet in length, excluding roof overhangs and wheels.

Veterinary services means a facility for the diagnosis and treatment of pets and other animals including, but not limited to, dogs, cats, birds, and horses. No outside boarding of these animals shall be allowed overnight.

Wall face means the area determined by multiplying the linear footage of the wall times the vertical height of the wall.

Warehouse means:

(1)

Commercial: The indoor storage of materials, equipment or products. Warehousing does not include self-storage facilities.

(2)

Self-storage/personal property: A building or group of buildings of one or more levels with, usually, but not limited to, the following characteristics: controlled access and secured areas which contain varying sizes of individual compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods or possessions.

Wares means an article of merchandise that is being presented outside of the business selling it.

Waste and salvage is a use category for uses that collect, store, process, or sell waste or salvage materials, or collect and process recyclable material, for the purpose of marketing or reusing the material in the manufacturing of new, reused, or reconstituted products.

Water body means a type of (permanent open) water area that includes ponds, lakes, reservoirs, bays or gulfs, and estuaries.

Waters of the state means all rivers, streams, lakes, and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned, leased, or otherwise controlled by a single person, or by two or more persons jointly or as tenants in common, and includes waters of the United States lying within the state.

Water quality standards means the standards required under the Clean Water Act, which the state has adopted to control and remedy water pollution. Water quality standards have three parts: water use classifications, water quality criteria, and an anti-degradation policy.

Welding and automobile body shop means a facility that provides substantial motor vehicle body repair, painting or undercoating services, and collision repair services.

Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at, or near the surface, or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the following three attributes: (1) at least periodically the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.

Wholesale sales and distribution is a use category for facilities used for the sale, lease, or rent of products primarily intended for industrial, institutional or commercial businesses. The uses emphasize on-site sales or order taking, and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited as a result of the way in which the firm operates. Products may be picked up on-site or delivered to the customer.

Wireless communication facility:

(1)

Antenna means a transmitting or receiving device used in telecommunications that radiates or captures radio signals.

(2)

Antenna support structure means any building or other structure which can be used for location and support of telecommunication facilities.

(3)

Small wireless facility means a type of wireless broadband infrastructure that typically takes the form of small antennas placed on existing infrastructure and ground mounted equipment.

(4)

Telecommunication facility means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the Federal Communications Commission (FCC) located or proposed to be located or installed upon a telecommunications tower. The term "telecommunication facility" does not include:

a.

Any satellite earth station which is utilized for the reception of broadcast television, video or radio signals, and which is on the same premises as and ancillary to the primary use of a television or radio station.

b.

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned and used for industrial or commercial purposes.

c.

Any satellite earth station antenna one meter or less in diameter, regardless of zoning district.

d.

Any telecommunications antenna located upon any city-owned structure with the approval of the city administrator.

(5)

Telecommunication tower means a self-supporting lattice, guyed or monopole support structure constructed from grade which supports telecommunication facilities. This term shall not include:

a.

Amateur radio operator equipment as licensed by the FCC.

b.

Utility poles which are utilized for the support of electrical, telephone, cable television, or other similar cables and wires located in public rights-of-way or other public easements, and are part of a system of such poles throughout the city.

(6)

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include:

a.

The structure or improvements on, under, or within which the equipment is collocated;

b.

Coaxial or fiber-optic cable between wireless support structures or utility poles;

c.

Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or

d.

A wireline backhaul facility.

(7)

Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment or wireless facilities, but that is not a wireless services provider.

(8)

Wireless provider means a wireless infrastructure provider or a wireless services provider.

(9)

Wireless services means any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities.

(10)

Wireless services provider means a person who provides wireless services.

Wrecker service means a facility or area in which two or more tow trucks are employed in the hauling of motorized vehicles and for the storage of vehicles that have been towed, repossessed, or otherwise in the care and custody of the operator of the lot, but not disassembled or junked.

Yard means an open and unoccupied space on a building site, and except as otherwise provided in this chapter, open and unobstructed from the ground to the sky.

(1)

Yard, front, means that portion of the yard extending across the front of a parcel between the street line and the front building line, not including steps, terraces, unenclosed balconies and unenclosed or screened porches.

(2)

Yard, rear, means that portion of the yard, on the same parcel with a building, between the rear building line and the rear parcel line, for the full width of the parcel (in those locations where an alley is platted in the rear of the parcels, half the width of the platted alley may be included in the rear yard) not including steps, unenclosed balconies and unenclosed porches.

(3)

Yard, side, means that portion of the yard along each side of a building between the building line and the side line of the parcel extending from the front yard to the rear yard, not including steps, balconies or porches.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2018-0067, § 2, 7-10-2018; Ord. No. 2018-0068, § 2, 7-10-2018; Ord. No. 2018-0195, § 2, 12-11-2018; Ord. No. 2019-0027, § 2, 3-12-2019; Ord. No. 2019-0071, § 2, 6-11-2019; Ord. No. 2019-0131, § 2, 9-24-2019; Ord. No. 2020-0083, § 2, 8-11-2020; Ord. No. 2020-0155, § 2, 11-10-2020; Ord. No. 2020-0156, § 2, 11-10-2020; Ord. No. 2021-0101, § 2, 9-14-2021; Ord. No. 2023-0081, § 2, 8-8-2023; Ord. No. 2024-0071, § 2, 8-13-2024; Ord. No. 2024-0086, § 2, 10-8-2024)