The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access easement. See the definition of "utility access easement."

Accessory use means a use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.

Alcoholic beverage means the same as defined by F.S. § 561.01(4)(a).

Alley means any public or private right-of-way set aside for secondary public travel and servicing which is less than 30 feet in width.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Apartment. See the definition of "dwelling, multiple-family."

Apartment hotel means a building designed for or containing both apartments and individual guestrooms or rental units, under resident supervision, and which maintains an inner lobby through which all tenants must pass to gain access to apartments, rooms or units.

Approved structure means that which is built or constructed or an edifice or building of any kind in which collected nonhazardous material may be stored.

Assisted living facility shall mean any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. For purposes of calculating density, 2.5 assisted living facility beds shall be equivalent to one dwelling unit.

Automotive maintenance facility means a facility in the business of conducting minor repairs and servicing to motor vehicles which produces relatively low levels of noise, vibration and fumes, but which shall not include the sale of gasoline. More specifically, the following types of repairs and services to motor vehicles may be offered: air conditioning repairs, starting and charging service; brake repair and replacement; engine oil changes, fluids replacement; exhaust system repair and replacement; automotive electrical work other than audio sound system installation; shock absorber, spring, and strut replacement; upholstery work; tire balancing, tire installation; wheel alignment; windshield and glass installation; tune-ups, diagnostics; spark plug replacement, emission control service; and other repairs of a similar nature with respect to impacts on nearby properties.

Automotive repair facility means a facility in the business of conducting major repairs to motor vehicles that produce relatively high levels of noise, vibration and fumes, but which shall not include the sale of gasoline. More specifically, the following types of repairs to motor vehicles may be offered: audio sound system installation; auto body customizing; sun roof installation; auto body sheet metal, fiberglass or plastic repair, replacement, prepping or painting; auto body or frame media blasting; chassis and frame cleaning, fabrication, straightening or welding; transmission repair and replacement; any other types of similar automotive work not included in the definition of "automotive maintenance facility".

Automotive vehicle means any self-propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. The term shall include passenger cars, trucks, buses, motor homes, motorcycles, scooters and station wagons, but shall not include tractors, construction equipment or machinery or any device used for performing a job, except as stated in this definition.

Awning means a detachable, rooflike cover, supported by the walls of a building for protection from sun or weather.

Block means the area between two adjacent streets or if no streets are present an area not to exceed 600 feet in length or width.

Bottle club means a membership composed of a group of people which permits the consumption of alcoholic beverages on a premises without charge. Membership shall be for a period of not less than one year.

Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50 percent of its perimeter. The term "building" shall be as if followed by the words "or part thereof." For the purpose of this chapter, each portion of a building separated from other portions by a firewall shall be considered as a separate building. For the purpose of area and height limitations, this definition shall be applicable to sheds and open sheds.

Building official means the official charged with the administration and enforcement of this chapter as provided in article II of this chapter.

Camper trailer. See the definition of "recreational vehicle."

Camper (truck mounted) means a portable structure designed to be mounted on a truck or similar type vehicle, for the purpose of converting the vehicle into a movable living unit, and customarily used for recreational or camping use.

Car wash means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services.

Child care facility means any child care center or child care arrangement as defined by F.S. § 402.302, as may be amended.

Chronic nonmalignant pain means pain unrelated to cancer or rheumatoid arthritis, which persists beyond the usual course of disease or the injury that is the cause of the pain, or more than 90 days after surgery.

Church means any building occupied on a permanent basis for religious exercises as a primary use.

Clubs and lodges means buildings and facilities owned or operated by a corporation, association, person or persons for a fraternal, veteran, social, educational or recreational purpose, but not primarily for profit nor to render a service which is customarily carried on as a business, and is licensed as a restaurant and/or alcoholic beverage establishment. The use of such buildings or facilities tend to be restricted to the members of these organizations and their guests.

Commercial parking facility shall mean a facility primarily engaged in the commercial enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily, or monthly basis. Commercial parking facilities shall not include those facilities for the storage of boats, trailers, trailerable items, recreational vehicles, unlicensed vehicles or other special purpose vehicles.

Common open space means a parcel or area of land or land and water, other than a dedicated canal, within the site and designed and intended for the use or enjoyment of residents living within the zone or development area. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents.

Construction site means a lot or parcel upon which development is immediately proposed or in progress, as authorized by a current building permit.

Containers means any cans, barrels, drums or tanks, except stationary tanks, which would be used for the outside storage of nonhazardous materials.

Convalescent home means a building where regular nursing care is provided for more than one person, not a member of the family, who resides on the premises.

Convenience store (with or without the sale of gasoline at fueling stations) means a small store that stocks a range of everyday items such as groceries, snack foods, candy, toiletries, soft drinks, tobacco products, and newspapers. This type of facility may or may not include the sale of gasoline at fueling stations. A convenience store with the sale of gasoline at fueling stations may also be referred to as a "service station" or "automotive service station."

Court means an unoccupied open space on the same lot with the principal building and enclosed on at least three adjacent sides by walls of the principal building.

Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion pursuant to the provisions of this chapter to property owners within 500 feet of property which is the subject of the public hearing. Courtesy notices may be sent by regular or certified mail, as set forth herein.

Dedication means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Dish antenna. See the definition of "earth station antenna."

Drive-in restaurant or refreshment stand means any place or premises used for sale, dispensing or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

Drive, private, means a private way set aside for vehicular traffic that does not exceed 200 feet in developed length and serves less than four residential, commercial or any combination of residential and commercial units.

Dwelling, mobile home, means a detached residential dwelling unit over eight feet in width, which bears a seal from the United States Department of Housing and Urban Development, designed for travel over highways and streets or for house accommodations or both, manufactured on an integral chassis or undercarriage and arriving at the site where it is to be occupied, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like.

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family, means a detached residential dwelling unit other than a mobile home, designed for and occupied by one family.

Dwelling, two-family, means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Dwelling unit or living unit means one room or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, for rent or lease, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

Easement means a right-of-way granted for limited use of private property for a public or quasipublic purpose.

Existing grade shall mean the ground surface elevation prior to grading, or the addition of fill material.

Fair market value means the valuation of a structure by the county tax assessor in his assessment for the levying of ad valorem taxes for the tax year.

Family means a person or a group of persons related to each other by blood or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household unit.

Fence means a structure forming a physical barrier, which is constructed of wood or a similar lightweight building material.

Finish grade shall mean the final grade of the site, which conforms to the approved plan.

Finished surface, as it relates to the definition of "paving" in this section, means manipulated by tool or machine to effectuate a uniform consistency and smoothness in accordance with industry standards, in a workmanlike manner.

Fireworks means any combustible or explosive composition or substance or combinations of substances or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, as defined by F.S. § 791.01(4)(a), as may be amended. "Fireworks" does not mean sparklers or novelties, trick noisemakers, toy pistols or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound or mixture are used, as defined by F.S. §§ 791.01(4)(b) and (c).

Fireworks sales facilities means any place or premises used for the sale or other distribution, whether permanent or seasonal, of fireworks. The sale of fireworks shall only be permitted within the light industrial (M-1) zoning district.

Floor area means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required minimum floor area within each district shall not apply to accessory uses.

Guesthouse means living quarters within a detached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.

Hedge means a row of bushes or small trees planted close together in such a manner as to form a boundary or barrier.

Height of building means the vertical distance from 12 inches above the crown of the fronting road or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and gambrel roofs. Excess fill placed at or around any portion of the building shall not be used as a means to circumvent any maximum height requirement. Excess fill shall mean any fill above the first/ground floor elevation. Measurement must be in compliance with the 100-year flood level, as determined by the Federal Emergency Management Agency.

Hospital means a building or group of buildings, having room facilities for one or more overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities, such as laboratories, outpatient departments training facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

Hotel means a building or combination of buildings in which lodging is provided and offered to the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership and operation. It shall provide an inside office that shall be supervised by a person in charge at all times. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per hotel. As used in this definition, the term "guestrooms" means those rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

Landscape buffer means that portion of the building setback area which is located along property lines adjacent to streets or abutting lots and which in its entirety contains landscaping.

Landscaping means the arrangement of vegetation such as trees, bushes and grass, together with other suitable materials in complementary fashion, over a tract of land for aesthetic effect.

Liquefied petroleum gas (LPG) means any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane), and butylenes.

Living area means the minimum floor area of a dwelling as measured by its outside dimensions, exclusive of carports, porches, sheds and attached garages.

Loading space, offstreet, means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required offstreet parking spaces are filled. Required offstreet loading space is not to be included as offstreet parking space in computation of required offstreet parking space.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such setbacks and other open spaces as are required in this chapter. In no case of division or combination of parcels shall any residual lot or parcel be created which does not meet the requirements of this chapter, except townhouses. Such lot may consist of:

(1)

A lot of record; or

(2)

A portion of a lot of record; or combination of portions of lots of record;

(3)

A combination of complete lots of record or complete lots of record and portions of lots of record; and/or

(4)

A parcel of land described by metes and bounds.

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

Lot coverage means the area of a lot that is covered by an enclosed structure. This is normally the principal and accessory structures and any other structure that blocks sunlight and the breezeway.

Lot dimensions means as follows:

(1)

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

(2)

Width of a lot shall be considered to be the distance between straight lines connecting front and rear of the required front setback; provided, however, that width between side lot lines at their foremost points, where they intersect with the street lines, shall not be less than 80 percent of the required lot width, except for lots on the turning circle of culs-de-sac, where the 80-percent requirement shall not apply; provided, however, that all lots shall have a minimum of 25 feet facing a street.

Lot frontage means the narrowest portion of the lot fronting on a dedicated, accepted or maintained street right-of-way.

Lot, interior, means a lot with only one frontage on a street.

Lot line means the boundary line of a lot.

Lot of record means a lot whose existence, location and dimension have been legally recorded or registered in a deed or on a plat.

Lot, reversed frontage, means a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.

Lot, through, means a lot other than a corner lot with frontage on more than one street. A through lot abutting two streets may be referred to as a double frontage lot.

Major recreational equipment means boats and boat trailers, travel trailers, trailers for transporting motorized vehicles, pickup campers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, including the coverings.

Manufactured housing or building means a closed structure, building assembly or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage and industrial structures. This does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site, for installation or assembly and installation on the building site.

Marina means a place for docking boats or providing services to boats and occupants thereof, including servicing and repairing boats, sale of fuel and supplies and provision of food, beverages and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel or similar use, where docking of boats and provision of services thereto is incidental to other activities, shall not be considered as a marina nor shall boat docks accessory to a multiple-family dwelling where no boat-related services are rendered.

Medical or dental clinic means a building where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts services to individuals, whether such persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any similar profession, the practice of which is licensed in the state. The term does not include a place for the treatment of animals and does not include pain management clinics.

Medical marijuana treatment center dispensing facility means a facility of a medical marijuana treatment center, as that term is defined in s. 29, Art. X of the Florida State Constitution, which dispenses marijuana, products containing marijuana, related supplies or educational materials to qualifying patients or their personal caregivers, as defined in s. 29, Art. X of the Florida State Constitution and section 381.986, Florida Statutes, but shall not include facilities growing, cultivating or processing marijuana or derivative products.

Mobile home means a structure as defined in F.S. § 553.36(12).

Mobile home park means a single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes.

Motel means a building or combination of buildings in which lodging is provided and offered to the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership and operation. As such it is open to the public the same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office and parking usually is adjacent to the dwelling unit. There shall be a minimum of six guestrooms per building and a minimum of 150 guestrooms per motel. As used in this definition, the term "guestroom" means those rooms intended or designed to be used or which are used rented or hired out to be occupied or which are occupied, for sleeping purposes by guests.

Motor travel home means a self-propelled vehicle containing living facilities and customarily used for camping or recreational uses.

Net residential acre means the horizontal acreage of a lot devoted exclusively to residential uses and their appurtenant accessory uses. Such area shall include the building site, recreation areas, open space, swimming pools, parking, drives, setback areas and the like. Net residential acreage does not include areas used for nonresidential purposes, streets, waterways, offices, golf courses or any other use not developed for the exclusive use of the property's residents.

Nonconformity means any lot, use of land, use of structure, use of structure and premises or characteristics of any use which was lawful at the time of enactment of the ordinance from which this section is derived but which does not conform with the district in which it is located.

Nonhazardous material means any material which does not increase or cause an increase of the hazard of menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire.

Occupied means the use of a structure or land for any purpose, including occupancy for residential, business, industrial, manufacturing, storage and public use.

Oceanfront lot means a lot that is contiguous with the ocean beach and which is considered as fronting on a public street and includes those lots adjacent to a dedicated street. All lots contiguous with the ocean beach shall be considered interior lots.

Open shed means any structure that has no enclosing walls.

Open space area means that area of the lot which is to be left open for free circulation of air and which provides an area for recreational and leisure pursuits. Not to be included as part of open space area are building setbacks, areas occupied by all building structures, parking areas, roads and drives. Recreational areas may be included. Swimming pools may be included in the calculation of minimum open space.

Outside storage shall mean the commercial storage of licensed recreational vehicles, trailers, and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a completely enclosed building for a continuous period of longer than 24 hours.

Pain management clinic means a publicly or privately owned facility that advertises in any medium for any type of pain management services; or where in any month, a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain. Registration with the Florida Department of Health pursuant to F.S. §§ 458.3265 or 459.0137, shall be prima facia evidence of operating as a pain management clinic. Expressly exempted from this definition are hospitals, nursing homes, ambulatory surgical care centers, hospice or intermediate care facilities for the disabled, or clinics which are affiliated with an accredited medical school at which training is provided for medical students, residents or fellows.

Parking space, offstreet, consists of a minimum paved area of 180 square feet for parking an automobile, exclusive of access drives or aisles thereto. The minimum dimensions of each offstreet parking space shall be as set forth in section 110-494.

Patio. See the definition of "terrace."

Paving may consist of the following materials: macadam, asphalt, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained.

Pharmacy means an establishment licensed by and in good standing with the State of Florida as a community pharmacy, as defined in Chapter 465, Florida Statutes, that may dispense Schedule II and III controlled substances.

Playground means an area of land set aside for outdoor recreation used by children for play and often equipped for specific activities. Playground may also be that part of a park or outdoor recreation facility set aside for such use by children. A playground may be public or private; however, any recreational area established for prekindergarten children only or for adults or college students primarily shall not be considered a playground.

Principal use of structure means a building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the dwelling is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building shall comprise a part of the principal building. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any accessory building. A detached and structurally independent garage, carport or other structure conforming as an accessory building may be attached to the principal buildings by an open breezeway not to exceed six feet in width. A connecting roof breezeway in excess of six feet and enclosed on one or both sides, including louvers, lattice or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the sections applicable to the principal building.

Public use means any use of land or a structure owned and operated by a municipality, county or the state or federal government or any agency thereof and for a public service or purpose.

Recreational vehicle means a unit designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The term includes travel trailer, camping trailer, truck camper, motor home and wheeled recreational trailer.

Redevelopment means the process of demolition of existing improvements and the construction of new improvements on a site.

Residential district means that area set aside primarily for use as low and medium density residential housing.

Restaurant means any building or structure or portion thereof in which food is prepared and served for pay to any person not residing on the premises and which, at all times, derives not less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises (such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12-month period).

Right-of-way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose.

Satellite dish means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas.

Schoolgrounds means all the land included in the lot or parcel upon which a school building is regularly used, except during vacation periods, by elementary and secondary school students. The school and land may be public or private.

Self-service storage facilities means an establishment containing separate storage spaces that are leased or rented to customers as individual units. The term is synonymous with mini-warehouses, mini-storage, self-storage facilities and self-storage warehouse. When used for such a purpose, such property may not be used in combination with any other use, with the exception of storage garage.

Setback means a required open space on the same lot with a principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as specified in sections 110-468, 110-492, 110-538 and 110-567. All required setback areas shall be properly maintained and open space areas within the setback areas (except parking and other legal encroachments) shall be landscaped with greenery (sod).

Shed means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for less than 50 percent of its perimeter.

Shopping center means three or more units for purposes of mercantilism.

Sign means the same as defined in chapter 23 of the building code adopted in section 82-31.

Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses as may be permitted by the board of adjustment are identified for each zoning district as special exceptions.

Story means that portion of a building included between the floor surface and the upper surface of the floor next above or any portion of a building used for human occupancy between the topmost floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story.

Street means a public or private right-of-way set aside for public travel.

Street centerline means the midpoint of the street right-of-way.

Street, private, means a private way set aside for vehicular traffic that exceeds 200 feet in developed length or serves four or more residential, commercial or any combination of residential and commercial units. Private streets shall be installed in accordance with section 98-92.

Street right-of-way means the property line which bounds the right-of-way set aside for use as a street.

Structure means that which is built or constructed.

Swimming pool means any portable pool or permanent structure containing a body of water 18 inches or more in depth or 250 square feet of surface area or more of water service area, including an ornamental reflecting pool or fish pond or other type of pool, regardless of size, unless it is located and designed so as not to create a hazard or not be used for swimming or wading.

Tent means a collapsible shelter of canvas or other fabric-type material.

Terrace means an open space adjacent to the principal building on one or two sides, prepared with a hard, semihard or improved surface, for the purpose of outdoor living.

Total floor area or gross floor area means the area of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages.

Townhouse means a single-family dwelling unit constructed in a series or group of attached units with property lines separating such units.

Trailer means a portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and that is also fully enclosed, operable and licensed.

Trailer park means an area duly licensed by the city and approved by the state board of health, which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile homes and trailers.

Travel trailer. See the definition of "recreational vehicle."

Utility access easement means an easement less than 20 feet wide, dedicated and used for utilities and utility vehicles. The term does not qualify as an alley pursuant to chapter 98 pertaining to subdivisions.

Vacant means a building or parcel of land that is neither occupied nor used.

Variance means a relaxation of the terms of this chapter when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or used in an adjoining zoning district.

Veterinary clinic means an establishment that has the necessary facilities for the examination and treatment of animals but does not accommodate animals for more than 24 hours, thereby not providing boarding services.

Veterinary hospital means an establishment that has the necessary facilities for the examination and treatment of animals which includes boarding services that may accommodate animals for more than 24 hours.

Wall means a structure forming a physical barrier, which is constructed of concrete or masonry composite.

Wall, concrete boundary, means a structure constructed using concrete, either poured or in block form, along the property boundary or within the setback and used as a dividing line between parcels of property in a residential zone, specifically excluding townhouse interior party walls.

Yard means all open space on the same lot as the principal building, which space is unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided. The term generally applies to the area from each lot line to the principal building and its attached porches, sheds, carports, garages and storage areas.

(Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96; Ord. No. 9-97, § 1, 9-2-97; Ord. No. 19-98, §§ 1—3, 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No. 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00; Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 02-2004, § 2, 3-02-04; Ord. No. 01-2007, § 2, 2-20-07; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 04-2008, § 3, 5-6-08; Ord. No. 13-2009, § 2, 12-15-09; Ord. No. 05-2010, § 2, 4-20-10; Ord. No. 17-2010, § 2, 11-16-10; Ord. No. 04-2011, § 2, 6-21-11; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 02-2012, § 2, 3-20-12; Ord. No. 06-2012, § 2, 4-17-12; Ord. No. 03-2013, § 2, 3-19-13; Ord. No. 04-2013, § 2, 3-19-13; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 06-2013, § 2, 6-18-13; Ord. No. 09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 04-2017, § 2, 4-18-17; Ord. No. 11-2017, § 2, 8-15-17; Ord. No. 04-2018, § 2, 6-19-18; Ord. No. 01-2020, § 2, 2-18-20; Ord. No. 36-2021, § 3C, 11-16-21; Ord. No. 12-2023, § 2, 12-19-23)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

A board of adjustment is established and shall consist of seven members.

(b)

The board of adjustment shall have the powers and duties to consider applications for special exceptions, variances, and administrative appeals under this chapter.

(c)

The board of adjustment shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from the city council.

(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007, § 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11)

(a)

The planning and zoning board is established and shall consist of seven members.

(b)

The planning and zoning board shall operate exclusively in an advisory capacity, and no ruling, decision or recommendation of the board shall be binding.

(c)

The board shall perform such duties as are conferred on it by this Code and the city council and shall, from time to time, make studies on planning and zoning matters affecting the health, welfare, safety and morals of the people of the city.

(d)

No problem or situation relating to zoning shall be submitted to the city council prior to being submitted to and acted upon by the planning and zoning board. Such problems or situations relating to zoning shall include but not be limited to the following:

(1)

Changes in zone classification.

(2)

Changes in zoning district boundaries and zoning maps.

(3)

Review and revision of zoning sections.

(4)

Recommendation concerning a master plan and periodic review thereof.

(e)

The planning and zoning board shall make recommendations concerning rezonings, special exceptions and site plans in accordance with this chapter.

(f)

The board secretary shall, after each meeting of the planning and zoning board, transmit a copy of the board's minutes to each member of the city council, the city clerk and the city attorney. Such minutes shall include the board's recommendations on any matter coming before it, including a short statement setting forth the facts upon which the board's recommendations were based, as well as the board's reasons for the recommendation.

(g)

The planning and zoning board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from the city council.

(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011, § 6, 12-20-11)