For the purposes of this Ordinance, certain words and terms are defined as herein indicated, and shall apply to all parts of this Ordinance. Unless specifically defined herein, words or phrases used in this Ordinance shall be interpreted so as to give this Ordinance its most reasonable application. All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise. The words "used for" shall include the meaning "designed for"; and the word "structure" shall include the word "building"; the word "lot" shall include the words "plot" and "tract"; and the word "shall" is mandatory.

Accessory structure or use: An accessory structure is a subordinate building, the use of which is incidental to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

Airport elevation: The established elevation of the highest point on the usable landing area.

Airport hazard: Any structure or tree or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at the airport, or is otherwise hazardous to such landing or taking off of aircraft.

Alley: A public thoroughfare which affords only a secondary means of access to abutting property.

Arcade: Any commercial building in which there are three amusement game machines, commercial recreation machines, or games other than amusement game machines, on the premises which are available to the public; or a place or facility where pinball or other similar electronic games are played for amusement only. However, an arcade shall not be construed so as to include bingo games, nor shall it be construed so as to include gambling devices, adult arcade devices, or any other devices, equipment, machines or operations that may otherwise be prohibited by this Ordinance or by law.

Banner: See "sign, banner."

Basement: A story partly or wholly underground.

Beer: Any beer, lager beer, ale porter, malt or brewed beverage or similar fermented malt liquor containing one-half percent or more of alcohol by volume and not in excess of four percent alcohol by weight and five percent by volume, by whatever name the same may be called.

Buffer strip or greenbelt: A landscaped strip of land established to protect one type of land use from another type of use that is considered incompatible. Such a buffer strip or greenbelt is intended to separate and at least partially obstruct the view of adjacent land uses and properties from another.

Building: Any structure having a roof supported by columns or walls designated or built for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind.

Building line: The outermost projection of the extreme overall dimensions of a building as staked on the ground, including all area covered by any vertical projection to the ground of overhang of walls, roof or any other part of a structure which is nearest to the property line.

Building, principal: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building.

Building, temporary: Portable, mobile or transportable temporary contractors' construction buildings; the use of which are incidental to construction operations being conducted on the same or adjoining lot or tract, will be allowed, with permit, in all districts, provided they are not being used as a dwelling. These buildings or structures shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of one year, an application for a renewal permit may be made for one-year extension.

Centerline (of a street or road): A line, running parallel with the street right-of-way, which is half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the City Engineer.

Church: Building used for nonprofit purposes by a recognized and legally established sect solely for purposes of worship.

Clinic: A building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment.

Club, country: A chartered, membership club with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golf, recreation, including tennis and swimming, club house, locker room, pro shop, and other accessory uses.

Club, private: A building or portion thereof on premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Common open space: Land and water areas retained for use, in an essentially undeveloped state, as active or passive recreation areas; for resource protection, conservation or enhancement; or for amenity or buffer yards. Such areas are neither individually owned nor dedicated for public use (as distinguished from use by the residents or occupants of the development of which said areas are a part).

Communications antenna: A device used to transmit and/or receive wireless communication services as authorized by the Federal Communications Commission, including all mounts and supporting structures other than supporting communications towers as defined herein. Communications antennas shall include:

a.

Microwave dish: Parabolic antennas that emit microwave signals.

b.

Panel antenna: Vertical and horizontal plane antennas that aim radio signals in specific directions. (Also referred to as sector antennas.)

a.[c.]

Whip antenna: Cylindrical antennas which emit radio signals in a 360-degree horizontal plane and a compressed vertical plane. (Also referred to as stick, omni-directional or pipe antennas.)

Communications tower: Any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more communications antennas. Communications towers shall include:

a.

Monopole towers: Cylindrical self-supporting towers constructed as a single spire.

b.

Self-supporting or lattice towers: Self-supporting towers with multiple sides of open-framed supports.

c.

Guyed towers: Towers anchored with guy wires.

d.

Camouflaged towers: Self-supporting towers concealed such that they blend in with their surroundings. Such towers may be constructed to resemble objects, such as a tree or a streetlight, or may be concealed within another structure, such as a clock tower, church steeple or lamppost.

Condominium: Individual ownership of a unit. (See State Law 1059, H.B. No. 107, 1973 Regular Session of the legislature of the State of Alabama [now Code of Ala. 1975, § 35-8-1 et seq.])

Country club: See "club, country."

Covenants: A written agreement between two or more parties for the performance of some action; when used in relation to property or real estate, it is generally an agreement executed between the buyer and seller of such real estate, and should be enforced by private landowners, and not the municipality, unless the proposed use violates the Zoning Ordinance. This term shall also include deed restrictions. All covenant issues, which concern the City of Center Point, shall be heard by the Planning and Zoning Commission.

Deferred Presentment Services: A transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee: (1) accepting a check or authorization to debit a checking account and, in connection with that acceptance, advancing funds to the checking account holder; (2) holding the check or authorization to debit checking account for a period of time.

Dwelling: A building containing one or more dwelling units used for residential purposes, but in the case of a building having two or more portions divided by one or more party walls forming a complete separation, each such portion shall be considered to be a separate dwelling.

Dwelling, cluster: One or more dwelling units, detached or attached, each unit of which has a separate entrance and is designed to be occupied and may be owned by one family.

Dwelling, multifamily: A building or portion thereof designed for occupancy by two or more families living independently of each other under one roof. Multifamily dwellings shall include those in which individual dwelling units are intended to be rented and maintained under central ownership and management; those which are under collective ownership and management including cooperative apartments, condominiums, and the like; rowhouses or townhouses in individual ownership; and all other forms of multifamily dwellings, regardless of ownership, management, taxation, or other consideration, where such form does not meet the requirements of this Ordinance for a single-family dwelling.

Dwelling, single-family: A building designed exclusively for occupancy by one family and having only one dwelling unit from the ground to the roof and having independent outside access.

Dwelling, townhouse, or[dwelling,] townhome: Two or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one family.

Dwelling, two-family: A building designed exclusively for occupancy by two families living independently of each other under one roof.

Dwelling unit: One or more rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating purposes.

Erect [orerected]: The word "erect" or "erected" includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for building. When used in connection with signs shall mean to build, construct, attach, hang, place, suspend, or affix.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Family: One or more persons occupying a dwelling and living as a single housekeeping unit, all but two of whom are related to each other by birth, adoption or marriage, as distinguished from a group occupying a boardinghouse, roominghouse, or hotel. However, notwithstanding the preceding definition, a family shall also be deemed to include up to three unrelated persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if any one or more of said three unrelated occupants is handicapped as defined in title VIII of the Civil Rights Act of 1968 as amended by the "Fair Housing Act Amendments of 1988" and the "Alabama Fair Housing Law," Code of Ala. 1975, § 24-8-1 et seq. Such unrelated individual(s) shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as first defined herein.

Family restaurant: See "restaurant, family."

Farm animal: Animals, other than household pets, kept and maintained for commercial production and sale or family food production, education, or recreation. Farm animals are identified by these categories: large animals, such as horses and cattle; medium animals, such as sheep and goats, or small animals, such as rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks pigeons etc.

Fowl: Chickens, turkeys, ducks, geese, quail, guineas, etc.

Frontage, street: Distance measured along a highway or street right-of-way.

Garage apartment: A building of which a portion is used for private storage and/or parking of a motor driven vehicle and the remainder is to be used as a single-family living unit or nonprofit purposes.

Garage, private: An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is an accessory.

Garage, repair: Any building, structure or property in or upon which a business, service or industry involving the storage, care, repair, or refinishing of motor vehicles including both minor maintenance activities and major repair operation such as mechanical overhauling, transmission repair, paint and body work, etc., conducted or rendered. Such business operations shall not, however, include the storage of wrecked or junk vehicles.

Grade: The average level of the finished ground surface adjacent to the exterior walls of the building.

Greenbelt: See "buffer strip or greenbelt."

Gross floor area: The gross horizontal areas of all floors, measured from the exterior faces of the exterior walls of a building. Basements and cellars shall not be included in the gross floor area.

Gross site area: The total land area of a site, property or project to be developed, or to be classified as a Planned Unit Development District.

Guesthouse: A structure which shall be for temporary occupancy only and shall not be used for rental purposes.

Heliport: An area used by helicopters which may include passenger and cargo facilities, maintenance and overhaul, fuel service, storage space, tie-down space, hangars and other accessory buildings, and open spaces.

Helistop, private: An area on a roof or on the ground limited to use by helicopters which are owned or controlled by the owner or occupant of the premises or by guests or patrons of such owner or occupant for the purpose of picking up or discharging passengers or cargo, but not including fuel service, maintenance or overhaul.

Helistop, public: An area on a roof or on the ground used by any helicopters for the purpose of picking up or discharging passengers or cargo, but not including fuel service, maintenance or overhaul.

Home occupation: Any occupation or activity which is clearly incidental to the use of the premises for dwelling purposes and which is carried on wholly within a main or accessory building by a member of the family residing on the premises.

Illegal business: Any business that operates in violation of any law of the State of Alabama, Jefferson County or the City of Center Point, included, but not limited to, those specific businesses as provided for in Section 9(d) of the City of Center Point Business License Code [section 10-33(d) of the City Code] as it may be amended from time to time.

Indoor recreation: A commercial recreational land use conducted entirely within a building, including arcades, arenas, art gallery [galleries]/art centers, assembly halls, athletic and health clubs, auditoriums, bowling allies, community/conference centers, exhibit halls, gymnasiums, movie theaters, museums, performance theaters, pool or billiard halls, skating rinks, swimming pools, tennis courts, and similar uses, except as may be prohibited by other provisions of this Ordinance or by law.

Industrial park: A tract of land, the control and administration of which are vested in a single body, suitable for industrial use because of location, topography, zoning, availability of utilities and accessibility to transportation. The uses permitted are regulated by protective minimum restrictions, including size of site, parking and loading regulations and building setback lines from front, side and rear yards. The front yards and side yards adjacent to streets are to be landscaped in conformance to planning standards set for the park. All requirements are to be compatible with the community and surrounding land uses in accordance with a comprehensive plan to enable a group of industrial establishments to operate efficiently within the park.

Industry: Manufacturing and treatment of products and materials.

Institutions: The structure or land occupied by a group, cooperative, board, agency, or organization created for the purpose of the following nature including but not limited to hospitals, schools, churches, fraternal orders and orphanages.

Junk: Old, used, dilapidated, scrap or abandoned metal, paper, building material and/or equipment, bottles, glass, appliances, furniture, tools, implements or portions thereof, machinery or motor vehicles or parts thereof, plastic, cordage or any other items, material or waste that has been abandoned from its original use, and may or may not be used again in its present or in some other form.

Junk storage: The open storage of any of the items or materials defined as "junk" in such a way that it is visually exposed to adjoining properties; is present in such quantity (or quantities) that the health, safety or aesthetic well-being of the surrounding area is compromised. Any such storage maintained on premises for a period exceeding 30 days shall hereafter be considered a "junk[yard] or salvage yard" as further defined herein, and will be treated accordingly. Such junk storage is prohibited in the City of Center Point.

Junkyard or salvageyard: A lot, land, or structure, or part thereof, used primarily for either the collecting, storing or sale of waste paper, rags, scrap metal or discarded material or for either the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof. The presence on any lot or parcel of land of two or more motor vehicles which, for a period exceeding 30 days, have not been capable of operating under their own power, from which parts have been or are intended to be removed for reuse or sale, shall constitute prima facie evidence of a junk[yard] or salvage yard. Such junkyards or salvage yards are prohibited in the City of Center Point. Any vehicle which for a period of over 30 days has been stored may not be visually exposed to adjoining properties or streets.

Kennel: A lot or premises on which three or more dogs are either permanently or temporarily boarded.

Kindergarten: See "nursery school."

Land use district: The delineation of land area intended for a specific use, including commercial development, institutional sites, various types of single and multifamily housing, etc., particularly within a Planned Unit Development.

Landscaping: Material that may include plant materials such as trees, shrubs, groundcovers, perennials and annuals, and other materials such as rocks, water, walls, fences, signs, light fixtures, paving materials, street furniture, and any other features affecting the layout, use and aesthetic aspects of a site or development.

Liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous or otherwise alcoholic, and all drinks and drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half percent or more of alcohol by volume, except beer and table wine.

Live entertainment: Any musical, theatrical, dance, cabaret or comedy act performed by one or more persons, and/or any form of dancing by patrons, guests, etc.

Lot: Parcel of land shown on a recorded plat or on the official City Zoning Maps or any piece of land described by legally recorded deed.

Lot, corner: A lot abutting two or more streets at their intersection(s).

Lot depth: The mean horizontal distance between the front and rear lot lines.

Lot, interior: Any lot which is not a corner lot.

Lot, through: A lot other than a corner lot abutting two streets.

Lot width: The width of the lot at the front building setback line.

Lot of record: A lot which is part of a subdivision, a plat of which had been recorded by Jefferson County at the time of the adoption of this Ordinance.

Miniwarehouse: A structure (or group of structures) that is partitioned for leasing of individual storage spaces and is exclusively used for the storage of nonexplosives and nonvolatile materials; the facility or site is not used for wholesale or retail sales operations; and the individual storage spaces of a miniwarehouse do not exceed 800 square feet.

Motel: A building or group of buildings used for temporary occupancy and containing no facilities for cooking in the individual units.

Net residential density: The number of dwelling units per acre of land, by type (e.g., single-family residences, multifamily, townhouses, etc.) for any given residential district.

Nonconforming building or structure: A structure or building that conforms to the use regulations of the district in which it is located, but which does not conform to one or more other provisions of this Ordinance, including area and dimensional requirements, etc.

Nonconforming use: The use of any building or land which was lawful at the time of passage of this Ordinance, or amendment thereto; but which use does not conform, after the passage of this Ordinance or amendment thereto, with the use regulations of the district in which it is situated.

Nonresidential mobile buildings (factory built): Nonresidential portable, mobile or transportable factory-built buildings or structures, the use of which may be the principal building or as an accessory building to an existing operation on the same lot or tract, will be allowed in all zoning districts except residential districts. The use thereof is for office, professional or business-type transactions, including normal accessory storage; and does not include the gathering together of persons for purposes such as civic, social or religious functions; recreation; food or drink consumption; or for the purpose of instruction; nor does the purpose thereof include use for the display or sale of merchandise, or for the purpose of providing medical treatment or care.

Nursery school orkindergarten: Any premises or portion thereof used for educational work or parental care of children of less than age required for enrollment in the public school system.

Nursing home: A home for the aged or infirm in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation but not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.

Office: The building, room or space where clerical or administrative activities are performed.

Outdoor advertising sign: See "sign, outdoor advertising."

Outside storage: The keeping of any goods or materials (other than that necessary in association with a valid building permit), junk, merchandise or vehicles (owned by persons other than the property owner) that are not wholly enclosed within a building or structure, and that are retained on the same premises for more than 24 hours.

Parking lot: Any off-street area where vehicles will be parked, serviced, or stored.

Parking space: A delineated area reserved for the parking of a single vehicle.

Permitted on appeal: Uses specified as "permitted on appeal" are special exceptions; and no permit shall be issued for such uses except with the written approval of the City of Center Point Board of Zoning Adjustment, and then subject to such conditions as said Board may require to preserve and protect the character of the district.

Planned Unit Development: A development project comprehensively planned as a single entity via a unified site plan which permits flexibility in siting and development design, mixtures of housing types and land uses, usable open spaces and the preservation of natural features.

Premises: A lot, parcel or tract of land, together with all buildings, structures and any other physical improvements existing thereon.

Principal building: See "building, principal."

Privacy fence: As distinguished from a boundary fence, a privacy fence is typically intended to block or screen part, or all, of a property or use from the view of neighboring properties. Such fences are usually allowed or required to be solid and taller than other types of fences.

Private club: See "club, private."

Private drive: A private roadway, not maintained by the County or City, used for the ingress and egress of owners and occupants, the use of which may or may not be utilized by the general public.

Protected residential area: Lots, subdivisions or otherwise designated areas planned or clearly intended for residential use, or areas currently in residential use, regardless of zoning classification or jurisdiction. A protected residential area shall include vacant lots carrying a residential zoning classification.

Provider: See "wireless communications service provider."

Public open space: Land reserved for leisure and/or recreational use but dedicated in fee to a governing body or agency to be responsible for operation and maintenance; such land is therefore not for the exclusive use of a development's residents.

Recreation camp: See "river camp."

Recreation, indoor: See "indoor recreation."

Residential [orresidence]: The term "residential" or "residence" is applied herein to any lot, plot, parcel, tract, area or piece of land or any building to be used exclusively for family dwelling purposes or intended to be used, including accompanying uses specified herein.

Restaurant: A commercial establishment where food and beverages are prepared, served and consumed primarily within the principal building, and where food sales constitute no less than 70 percent of the gross sales receipts for food and beverages.

Restaurant, family: A restaurant which has no on-site sale or consumption of alcoholic beverages of any kind; and of which it shall also be characteristic to have some type of emphasis on children, such as special pricing, children's menus and/or other incentives or benefits for children, particularly those under the age of 12.

Right-of-way line: The right-of-way line shall be considered a property line and all setback requirements provided in this Ordinance shall be measured from said right-of-way line. Side and rear yard depths shall be measured from property line.

River camp orrecreation camp: Site or group of sites used to place single-family residential units usually located along or adjacent to a river, lake, etc.

Service station: Any building or structure used primarily for the dispensing, sale or offering for sale at retail of any automobile fuel, and incidental oil and accessories; and/or performing automotive repair work which is conducted wholly within an enclosed building generating no excessive noise or fumes, with no outside storage of equipment or salvage materials.

Shade tree: A species of tree that normally grows to a mature height of 40 feet or more, has a canopy of 25 feet or more in diameter, and is grown primarily to produce shade, with the flowers being of secondary importance.

Shopping center: A building which contains two or more retail establishments.

Sign: A name, identification, image, description, display or illustration which is affixed to, printed or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business. A sign is any form of publicity visible from a public street or highway directing attention to an individual activity, business, service, commodity, or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trade marks or trade name or other pictorial matter designed to convey information concerning the same and displayed by means of bills, panels, posters, paints, or other devices erected on an open framework, or attached or otherwise applied to posts, stakes, poles, trees, buildings, or other structure or supports.

Sign, awning or canopy: A sign that is mounted, painted on or attached to an awning or canopy.

Sign, banner: A sign, not otherwise classified as a temporary sign, made of cloth, canvas, plastic sheeting or any other flexible material, not rigidly attached to a building or the ground through a permanent support structure.

Sign, building wall: A sign attached parallel to and supported by the exterior wall of a building. Such signs are readable from in front of the building or wall on which they are mounted (as distinguished from projecting signs that are readable from the side of the building/wall), and may be painted on the surface of the wall, or erected and confined within the limits of said wall.

Sign, construction: A sign pertaining only to the construction, alteration, rehabilitation or remodeling of buildings, and identifying only those parties involved in construction on the premises and the future activity for which the construction is intended.

Sign face area: The sign face area of any sign with only one sign face shall be computed by means of the smallest geometric figure that encompasses the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

Sign, freestanding: A permanent sign which is not attached to a building.

Sign height: The vertical distance measured from the lowest finished grade elevation directly beneath the center of the sign to the highest elevation of the sign.

Sign, illumination:

a.

Indirectly illuminated sign: A sign that reflects, or is illuminated by, light that is aimed toward it from [a] source which is external to the sign cabinet or structure. Reference City Sign Ordinance 2002-06 [City Code, chapter 42].

b.

Directly illuminated or internally illuminated sign: A sign which is illuminated by a light source which is behind the sign face (i.e., actually within/inside the sign cabinet or structure itself); or by light sources that are affixed to the sign face, and which emit beams of light outward from the sign. Reference City Sign Ordinance 2002-06 [City Code, chapter 42].

c.

Intermittent illumination: A sign containing any flashing light, including arrangements that spell messages, simulate motion or form various symbols or images. Reference City Sign Ordinance 2002-06 [City Code, chapter 42].

Sign, off-premises: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. See also "sign, outdoor advertising."

Sign, on-premises: A permanent sign erected upon, and maintained in conjunction with the use of a specific parcel of property identifying the name of the place, persons or organizations occupying the premises or designating the principal use or activity or the principal product or service available on the premises.

Sign, outdoor advertising: A billboard, mini-billboard or any other permanent sign which directs the attention of the general public to a business, service, product or activity not conducted, offered or sold as a major portion of business upon the premises where such sign is located. See also "sign, off-premises."

Sign, portable: Any sign not permanently attached to the ground or a permanent structure. Such signs shall include, but not be limited to, any sign, whether on its own trailer, wheels or otherwise, which is designed to be transported from one place to another; "A" frame signs; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles that are parked and visible from the public right-of-way (unless said vehicle is used in the normal day to day operations of the business). It is typical of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols.

Sign, projecting: A sign that is attached to the exterior wall of a building, extends outward, and is readable from the sides of the building or wall to which it is attached (as distinguished from building wall signs that are read from in front of the buildings/wall).

Sign, real estate: A sign indicating that the property on which the sign is located is for sale, lease or development; to announce an open-house event in connection with the sale or lease of a building; or to identify a model home.

Sign, roof: A sign which is attached to and supported by a building, and extends above the exterior wall of the building to which it is attached.

Sign, temporary: A sign or advertising display not permanently and rigidly affixed to the ground or a building; such signs are often constructed of cloth, canvas, fabric, paper, plywood or other light materials, and are typically intended to be displayed for a short period of time. Included in this category are retailers' signs temporarily displayed for the purpose of informing the public of a sale or special offer, and banner signs, beacons, balloons and mascot signs.

Site: Area of premises to be covered by a structure.

Specialized or State-Licensed Personal Service (Use): Those uses involving a commercial establishment which require a license by the State of Alabama for individuals or business to provide special or personal services to the public, including, but not limited to, a barbershop, beauty shop, deferred presentment services, pawnshop, cosmetic studio, massage therapist, nail salon or other similar uses.

Specialty shop: A small-scale retail commercial business concentrated on a particular activity or product.

Story: That portion of a building other than a cellar, including between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and ceiling next above it.

Street: A public thoroughfare which affords the principal means of access to abutting property.

Street centerline: See "centerline (of a street or road)."

Street line: A dividing line between a lot, tract or parcel of land on a contiguous street.

Structural alterations: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders: provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

Structure: Anything constructed or erected, the use of which required a location on the ground, or attached to something having a location on the ground, including but not limited to buildings.

Subdivision: A division of a lot, tract or parcel of land into two or more lots, plats, sites or other subdivisions of land for the purpose, whether immediate or future, of sale, rent, leasing, building development or other use.

Temporary building: See "building, temporary."

Townhouse or townhome dwelling: See "dwelling, townhouse, or [dwelling,] townhome."

Transitional home: Any dwelling or similar facility operated for the provision of room and board in the rehabilitation, resocialization and/or adjustment of individuals, patients, and clients; excluding jails, prisons, and other correctional institutions.

Unincorporated area: Any land in Jefferson County not lying within the boundaries of a duly incorporated municipality.

Variance: A variance is a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area, and the size of structure[s] or size of yards and open spaces; establishment or expansion of a permanent 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 in adjoining zoning districts.

Wine: All beverages made from the fermentation of fruits, berries or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wine, special natural wines, rectified wines, vermouth, vinous beverages, vinous liquors, and like products.

Wireless communications facilities: Any and all buildings, structures, fixtures or other accessories (such as electrical boxes, equipment sheds, guy wires, etc.) installed, used or intended for use in conjunction with any of the following:

a.

Cellular communications facilities: Low-powered transmitters used to transmit signals in a cell for cellular radio-telephone services (cellular phones), personal communication services (PCS), enhanced specialized mobile radios (ESMR), trunk mobile cellular radios, paging services and similar cellular-based communications to the general public.

b.

Commercial satellite facilities: Satellite earth stations which are greater than two meters in diameter, and are used to send and/or receive satellite signals and similar communications.

c.

Microwave relay facilities: Used to transmit signals between two or more fixed points by microwave antennas and similar transmission services.

Wireless communications service provider: Any private company, corporation or similar such entity providing two-way interactive communications services (e.g., not to include paging services) to the general public by way of cellular communications facilities as defined under wireless communications facilities as defined in this Section.

Yard: An open space between a building or use and the adjoining lot lines, unoccupied and unobstructed by any structure or use from the ground upward. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum distance between the lot line and finished exterior wall shall be used; provided however, that the cornice overhang does not exceed 24 inches.

Yard, front: A yard extending across the front of a lot between the side lot lines.

Yard, rear: A yard extending across the rear of a lot between the side lot lines. On all lots, the rear yard shall be in the rear of the front yard.

Yard, side: A yard between the main building and the side lot line and extending from the required front yard to the required rear yard.

Zoning approval: An interoffice form (certification) transmitted from the Department of Inspection Services certifying that the applicant has complied with all zoning regulations pertaining to land use and setbacks.