This title shall be known as the City of Central's Comprehensive Zoning Code and may be cited as the "Central Zoning Ordinance" or the "Zoning Code."

The City of Central's Comprehensive Zoning Code is adopted for the purposes of protecting and promoting the public health, safety, and general welfare. These purposes shall be accomplished by seeking:

A.

To establish adequate standards for the provision of light, air, and open spaces;

B.

To zone all properties with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the City;

C.

To lessen congestion on the public streets, and to facilitate the provision of adequate transportation, and of other public requirements and services such as water, sewage, schools, and parks;

D.

To avoid increasing the risk of flooding as a result of overburdening the existing storm drainage system and flood plain;

E.

To avoid hazards to persons and damage to property from inappropriate development of lands;

F.

To avoid undue concentration of population, and to prevent the overcrowding of land;

G.

To foster a rational pattern of relationship between residential, business, commercial, and industrial uses for the mutual benefit of all;

H.

To provide for and preserve appropriate open space;

I.

To protect residential, business, commercial, and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses;

J.

To isolate or control the location of unavoidable nuisance-producing uses;

K.

To establish reasonable standards to which buildings and structures shall conform, and to encourage reasonable flexibility of development design through appropriate innovation;

L.

To provide for the regulation of nonconforming buildings, structures and uses;

M.

To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed herein;

N.

To define the powers and duties of the administrative and enforcement officers and bodies;

O.

To implement the objectives of Central's Master Land Use Plan, as well as protect all appropriate existing structures and uses.

This Zoning Code sets forth the minimum requirements adopted for the promotion of the public health, safety, and the general welfare. When any requirement of this Zoning Code conflicts with the requirements of another lawfully adopted ordinance, the most restrictive provision or the provision imposing the highest standard shall be applicable.

Zoning district requirements do not accumulate from one district to another unless expressly stated.

(Ord. No. 2024-41, 10-22-2024)

If a court of competent jurisdiction adjudges any provision of this Zoning Code to be invalid or adjudges the application of any provision of this Zoning Code to a particular property, building or structure to be invalid, it is the intention of the City that the provisions of this Zoning Code are severable and that said judgment shall not affect any other provision of this Zoning Code not specifically included in the judgment.

This Zoning Code shall be considered an integral part of the Code for the City of Central, and as such is interrelated with all other titles, chapters and sections of all other City of Central ordinances. All applications for permits required by this Zoning Code shall be subject to all applicable provisions of all other ordinances.

A.

For purposes of this Zoning Code the following terms shall be interpreted as follows:

1.

"Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this city and any parish, municipality, or other political subdivision, or any other group or combination acting as a unit, or personal representative thereof.

2.

The present tense includes the future tense.

3.

The singular number includes the plural, and the plural number includes the singular.

4.

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

5.

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

6.

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

B.

The following words and terms when used in the Zoning Code shall be defined as follows:

"Accessory Buildings" and "Accessory Uses" means a building, structure, or use that is customary in connection with and clearly incidental and subordinate to the principal building, structure or use on a zoning lot. Accessory uses do not include the conduct of business or the raising of livestock, poultry or pets or Accessory Dwelling Units.

"Accessory Dwelling Unit" ("ADU") means a second dwelling unit (sometimes referred to a carriage house or "mother-in-law" unit) on the same lot as and incidental to a single family detached residential structure.

"Acre" means 43,560 square feet.

"Adult Day Care Center" means a group program for not more than ten persons with developmental disabilities designed to meet the individual needs of functionally impaired adults, which is structured and comprehensive and provides a variety of health, social, vocational, or related services in a protective setting for a portion of a 24-hour day. Any property used for an adult day care center shall have a six-foot wooden or vinyl privacy fence between any outdoor areas used by the residents and neighboring residential properties.

"Adult Use" means adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult novelty stores and other similar uses as defined and regulated in Section 19.1.

"Apartment" means a room or suite of rooms in a two-family or multiple-family dwelling or in a building including a nonresidential use, intended or designed for use as a residence by a single family.

"Automobile sales" means an automobile sales lot or premises upon which a person engages in the business of selling new and/or used vehicles.

"Automotive repair facilities" means a building or premises used for the repair, or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. An automotive repair facility does not necessarily include filling station uses.

"Basement" means that portion of a building that is partly or completely below grade. The finished floor level above the level under consideration is six feet (1829 mm) or less above the grade plane, and is six feet (1829 mm) or less above the finished ground level for more than 50 percent of the perimeter and does not exceed 12 feet (3658 mm) at any point.

"Bed and Breakfast Home" is a building or premises limited to four guestrooms within a home listed on the National Register of Historic Places or within homes a minimum of 50 years old. All parking areas must be completely screened from the street and adjacent residences. A Bed and Breakfast Home must be owner occupied. A Bed and Breakfast Home shall be located on a lot or tract with a minimum size of one acre. Guests are limited to a maximum stay of seven consecutive days. Homes that qualify based upon the 50-year old requirement shall not be located within a recognized residential subdivision unless the lot has frontage on a collector more highly trafficked street.

"Boarding House" means a building or premises with lodging for five or more persons where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu.

"Body Shop" means a building or premises used for the repair, rebuilding or reconditioning automobiles including body work, collision, service, welding, painting, and steam cleaning of vehicles. A body shop shall not provide for the storage of damaged vehicles except those that are to be immediately repaired.

"Borrow Pit" means a use of a place or premises where dirt, soil, sand, gravel, or other natural material is removed by excavation or other means of extraction for use at another location. A borrow pit includes temporary rock crushing facilities as part of the operations. It includes any property used for the storage or stockpiling of such material for use at any other location. Borrow pit does not include the following, which are regulated as part of the larger activities described:

1.

Excavation in connection with a valid building permit.

2.

Grading work in connection with an approved grading plan.

3.

Trenching incidental to the construction and installation of approved utilities.

4.

Excavation of a limited duration whether or not the excavated material is removed from the site; e.g., swimming pools; septic tanks; agricultural drainage work incidental to agricultural operations and irrigation/stock watering ponds; lakes or ponds created for aesthetic purposes, etc.

5.

Emergency work necessary to protect life or property.

6.

Removal of hazardous material or waste required for construction of improvements on the same property.

"Building" means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels or property. Buildings shall be classified as "Principal" or "Temporary".

"Principal Building" means a building permanently affixed to the land in which is conducted the main or principal use of the lot on which the building is situated.

"Temporary Building" means any building not permanently affixed to the land.

"Building Height" means the vertical distance measured from the average elevation of the finished ground grade within 20 feet of the front of the proposed building to the highest point of the roof. Unless otherwise specified in this Zoning Code height shall be measured at the maximum vertical projection of any structure, including antennas, chimneys and spires.

"Building Line" means "Setback Line."

"Building Permit" means a document issued by the Building Official authorizes performance of an activity subject to the International Building Code.

"Bulk Regulations" means regulations regarding any of the following characteristics:

1.

Ground floor area;

2.

Height of building;

3.

Setbacks of exterior walls of buildings or structures at all levels in relation to lot lines, streets, or to other buildings or structures;

4.

Gross floor area of the building or structure in relation to net lot area (floor area ratio);

5.

Open spaces allocated to the building;

6.

The size and shape (area, lot frontage and lot width) of the lot and the amount of lot area and lot width provided per dwelling unit or other unit of measure.

"Car Wash" means a building, or portion thereof, used for the washing and cleaning of vehicles or equipment, whether automatic, by hand. The washing and cleaning may be by the operator or by a customer.

"Cemetery" means land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.

"Certificate of Occupancy" means a written statement by the Building Official stating that the building, use and premises is in compliance with all applicable standards, including this zoning code.

"Church" means a building primarily used for religious worship. The word "church" shall include chapel, mosque, temple and synagogue.

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

"College" or "University" means an educational institution of higher learning generally offering postsecondary academic or technical training.

"Commercial Vehicle" means any vehicle, except standard passenger vehicles, operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not- for-hire, but not including a vehicle used in a ride sharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. In any event, any vehicle that is licensed for a gross weight, including vehicle and cargo, of 8,001 pounds or more, or any vehicle used in a commercial enterprise or containing lettering on the vehicle body advertising that commercial enterprise, shall be considered a commercial vehicle.

"Communication Tower" is a tower, pole or similar structure that supports a telecommunications antenna operated for commercial purpose above ground in a fixed location, freestanding, guyed, or on a building or other structure.

"Conditional use" includes, but is not limited to: (a) public and quasi-public uses related to the public interest; (b) uses that may have a unique, special, or unusual impact upon the use or enjoyment of neighboring property; and (c) planned unit developments. Conditional uses require a conditional use permit.

"Conditional use permit" means the ordinance authorizing a conditional use.

"Day care center" means any place or facility operated by any institution, society, agency, corporation, person or persons, or any other group for the purpose of providing care, supervision, and guidance of seven or more children, not including those related to the caregiver, unaccompanied by parent or guardian, on a regular basis for at least 12 ½ hours in a continuous seven day week. Related or relative is defined as the natural or adopted child or grandchild of the caregiver or a child in the legal custody of the caregiver. The term does not include:

(a)

Kindergartens or nursery schools or other daytime programs operated by public or private elementary schools;

(b)

Facilities operated in connection with a shopping center or service, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises, or are in the immediate vicinity and readily available;

(c)

Any type of day care center that is conducted on federal government premises; or

(d)

Special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable, governmental and religious organizations.

"Day care home" means any dwelling or family home that, as a home occupation, receives for care for less than 24 hours per day, more than three up to a maximum of eight children. The number counted includes the family's natural or adopted children residing in the home and all other persons under the age of 12. This term does not include facilities that receive only children from a single household.

"Decibel" means a unit of measurement of the intensity (loudness) of sound. Sound level meters that are employed to measure the intensity of sound are calibrated in decibels.

"Density" means a unit of measurement of the number of dwelling units per acre of land. "Development" means any manmade change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to buildings or structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.

"District" means a part of the City wherein regulations of this Zoning Code are uniform.

"Drive-in" means a place of business where services or goods are rendered or delivered to customers in vehicles.

"Drive-through" means a place of business that through design, physical facilities and service, provides customers with products or services in their car for use or consumption off-site.

"Driveway" means a bituminous, concrete or similarly surfaced area on a zoning lot upon which vehicles may be driven or parked, and that may provide access to parking spaces.

"Driveway approach" means a hard surface area from street pavement to zoning lot that provides vehicular access to a driveway; also known as a driveway apron.

"Dwelling" or "Dwelling Unit" means space within a building comprising living, dining, sleeping, storage, bathing, toilet, and no more than one cooking facility, all used by only one family as defined herein.

"Single-Family Attached Dwelling Unit" means a building consisting of not more than four dwelling units that are attached by common vertical walls.

"Single-Family Dwelling Unit" means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.

"Two-family dwelling unit" means a building consisting of two dwelling units that may be either attached side by side or one above the other.

"Multi-Family Dwelling Unit" means a building consisting of three or more dwelling units including condominiums with varying arrangements of party walls.

"Efficiency Unit" means a dwelling unit consisting of one principal room, together with bathroom, kitchen facilities and closet space.

"Family" means one or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization, and including foster children placed by appropriate order of the court. A family may include no more than two adult persons unrelated by blood, marriage, adoption or foster child arrangement.

"Fence" means a tangible barrier constructed or installed of any allowable material, including plant materials, erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes, (such as an ornamental gate(s)) or to screen from view in or on adjoining properties and streets, materials stored and operations conducted behind it.

"Open fence" means a fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least 50 percent open spaces, as compared to solid materials.

"Solid fence" means a fence, including solid entrance and exit gates, that effectively conceals from views in or on adjoining properties and streets, materials stored and operations conducted behind it.

"Filling Station" means buildings and premises where gasoline, oil, grease, batteries, tires or motor vehicle accessories may be supplied and dispensed at retail. A filling station may be part of an automobile repair facility if all use permits have been granted. In addition, mini-marts or car washes may be allowed with an approved and operating filling station.

"Floor Area Ratio" means the numerical value obtained by dividing the floor area of a building or buildings by the net area of the lot on which the building or buildings are located or intended to be located.

"Floor Area of a Nonresidential Building" means the floor area of the specified use excluding stairs, washrooms, elevator shafts and utility shafts which shall be used in calculating parking requirements.

"Frequency" means the number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.

"Frontage" means the length of that portion of a lot that is adjacent to a street or highway.

"Garages" shall be classified as Private, Public or Storage as follows:

"Private garage" means a detached accessory building or portion of a principal building used or occupied for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises.

"Public garage" means a principal or accessory building other than a private garage, used or occupied for parking or temporary storage of vehicles and in which no other service is provided for remuneration.

"Storage garage" means any building space offered for sale or rental to be used or occupied for the storing of vehicles.

"Grade" means the average elevation of the finished surface of the ground.

"Group Home" means a residential building housing not more than six service dependent or developmentally disabled people living with professional staff. The group home constitutes a single housekeeping unit in which residents share responsibilities, meals and recreation. Group homes do not include Rehabilitative Care Centers or Halfway Houses.

"Halfway House" means a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently.

"Home Occupation" means any occupation, business or commercial enterprise conducted within the home in accordance with Section 2.3.

"Hospital" means a facility for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, and who are provided board or room and kept overnight.

"Hotel" means an establishment, other than a boarding, rooming or lodging house, providing transient accommodations at which customary hotel services such as restaurants, meeting rooms, cleaning services, telephone and secretarial or desk service, and bellboy service are provided. Access to individual rooms is gained from the interior of a hotel.

"Kennel" means any lot or premises on which three or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, sold or that offers provisions for minor medical treatment.

"Private Kennel" means a Kennel maintains within or adjoining a residence housing more than 12 dogs or cats over 4 months of age, such animals to be for that person's recreational use or for exhibition in conformation shows or, field or obedience trials, and where the sale of offspring is not the primary function of the kennel.

"Loading Berth" means a space within a loading facility, exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office, and work areas, for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access.

"Loading Space" or "Off-street loading space" means an open area of land other than a street, public way, or required parking space, the principal use of which is for standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. A loading space need not be a dock.

"Lot" means a parcel or tract of land.

"Front of lot" means the narrowest portion of a lot that abuts a street.

"Lot Coverage" means the ground floor area of all buildings and accessory uses (including, but not limited to driveways, parking areas, patios, decks, garages and sheds, but not including swimming pools) on a lot divided by the area of the lot.

"Lot Lines" means the dividing line between a public way and an abutting lot, piece or parcel or the projected dividing lines between lots, pieces and parcels without regard to any recorded plat.

1.

"Front Lot Line" is the Lot Line fronting the street right-of-way.

2.

"Rear Lot Line" is the Lot Line most nearly parallel to the Front Lot Line.

3.

"Side Lot Lines" are Lot Lines other than the Front Lot Line and Rear Lot Line.

"Lot Measurements" shall mean:

1.

"Lot Depth" is the distance between the mid-points of straight lines connecting the end points of the Side Lot Lines at the front and the rear.

2.

"Lot Width" is the distance between straight lines connecting the Front Lot Line and Rear Lot Line at each Side Lot Line measured at the front building setback line.

3.

"Lot area" is computed exclusive of any portion of the right-of-way of any public street or alley.

"Lot of record" means a lot properly platted and recorded in the office of the East Baton Rouge Parish Clerk of Court.

"Lot Types" shall include corner lots, interior lots and through lots as follows:

1.

"Corner Lot" is located at the intersection of two or more streets. A lot butting on a curved street shall be considered a corner lot if straight lines projected tangent to the curve from the points of intersection between the curve and the Side Lot Lines meet at an interior angle of less than 135 degrees.

2.

"Interior Lot" is a lot other than a Corner Lot with only one frontage on one street.

3.

"Through Lot" is a lot other than a Corner Lot with frontage on more than one street.

4.

"Reversed Frontage Lot" is a lot on which frontage is at right angles to the general pattern in the area. A Reversed Frontage Lot may also be a Corner Lot.

"Maintenance and Storage Facilities" means land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.

"Major Change" with regard to a PUD shall have the meaning set forth in section 14.3 herein.

"Major Subdivision" means any subdivision of more than five lots or two acres of land or when a public or private street servitude of access is constructed.

"Manufactured Housing" means dwelling units constructed primarily at a plant or facility on a production line basis and delivered to the site as an assembled unit or in modular form. Manufactured housing specifically refers to housing built to 42 USC § 5403 Federal Manufactured Home Construction and Safety Standards set by the U.S. Department of Housing and Urban Development ("HUD").

"Master Land Use Plan" means the plan including any amendment thereto, or any portion thereof, adopted by the Planning Commission, which establishes the goals, objectives and policies of the community and sets forth the general location and extent of present and proposed physical facilities, including residential and commercial uses, major streets, parks, schools, other public facilities and land uses, including amendments thereto when adopted.

"Minor Subdivision" means any subdivision of five lots or less in which no public or private street is constructed. Minor Subdivisions shall not involve the creation of any other public improvement, shall not involve more than two acres of land, shall not reduce a lot size below the minimum area or frontage requirements established by this Zoning Code and shall otherwise meet all the requirements of the subdivision regulations. A Minor Subdivision may provide for the dedication, acceptance, relocation, or deletion of public utility servitudes, other than streets, or the deletion of gas, electric, or telephone utility servitudes acquired by private act or pursuant to the provisions of R.S. 9:1, et seq. on the property being resubdivided.

"Medical office" means an establishment containing one or more office where licensed health care providers provide outpatient treatment.

"Minor Change" with regard to a PUD shall have the meaning set forth in section 14.3 herein.

"Mobile Home" means prefabricated trailer-type housing units that are semi-permanently attached to land by a property owner or lessee. A Mobile Home is a moveable or portable structure designed and constructed on its own chassis and intended for connection to utilities for year-round occupancy as a dwelling. Any dwelling unit that qualifies as a manufactured or Modular Home according to the definitions herein is not considered a Mobile Home. Mobile Homes do not include recreational vehicles or travel trailers.

"Mobile Home Park" means two or more mobile homes on a single lot or group of lots in common ownership or control.

"Modular Homes" mean houses divided into multiple modules or sections, which are manufactured in a remote facility and delivered to their intended site of use. The modules are then assembled on a permanent foundation without a permanent chassis, into a single residential building. Unlike other prefabricated construction, Modular Homes conform to the International Building Code.

"Motel" means an establishment providing transient accommodations like a hotel, but with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

"Net Density" means the number of dwelling units to be built on the acreage of a parcel or site that is generally suitable for development in its natural state. Net Density shall be determined by subtracting from the gross acreage of the parcel unsuitable and marginal acreage, such as floodways, wetlands, detention or retention ponds, the acreage needed for required roadways and other infrastructure and open space to determine the acreage of "Developable Property." If the development is a PUD, ten percent of Developable Property shall be required for open space. The number of (proposed) dwelling units shall be divided by the acreage of Developable Property, to determine the Net Density by using Appendix I.

"Nonconforming" means a building, structure or use of land that does not conform to the zoning regulations of the district in which it is situated.

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

"Nursing" or "Retirement Home" means a place or residence for the aged or infirm in which three or more persons are received, kept or provided with food and shelter, or care for compensation but shall not mean hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. "Nursing homes" typically provide on-going, on-site medical care.

"Obstruction" means any building or structure, or part thereof, located so as to intrude upon any open space required by this Zoning Code. Trees or shrubs shall not be considered Obstructions, except as may be regulated herein. Recreational equipment, including swing sets and above-ground swimming pools and recreational vehicles shall be considered Obstructions.

"Octave Band" means all the sound frequencies between any given frequency and double that frequency.

"Office" means an administrative unit of a business enterprise or organization, including, but not limited to, offices of accountants, financial brokers, insurance agents, architects, engineers, planners, lawyers, real estate and title companies.

"Open space" means an area unobstructed by buildings from the ground upward, except for walks, paths, landscaping or other recreational site features in public, common or other private ownership. Open space includes, but is not limited to, environmental corridors and natural areas dedicated for preservation, tennis courts, gazebos and parks and playgrounds. Yards of individual lots occupied by dwellings, required setbacks for commercial uses, wetlands, floodways, detention ponds and areas within rights-of-way and utility servitudes with above ground facilities shall not constitute open space.

"Outdoor storage" means the keeping in an unroofed area of any goods, material, merchandise or vehicles in the same place for more than 24 hours.

"Park" or "Playground" means a land use designed principally to offer recreation, passive and/or active, to the public.

"Parking Lot" means an open vehicle parking area containing more than four parking spaces.

"Parking Space" means a bituminous, concrete or similar surfaced area, at least nine feet by 18 feet, other than a street, alley or that portion of a driveway within a front yard setback upon which vehicles may be parked. Parking spaces must be accessible from an approved driveway approach.

"Performance Standard" means a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in the uses of land or buildings.

"Permitted Use" means a use of land, building or structure expressly permitted within a District.

"Planned Unit Development" or "PUD" means one or more uses accommodated in a planned environment under more flexible standards than those allowed in the District in which the development is located.

"Premises" means a lot, together with all buildings and structures thereon.

"Public Use" means administrative and cultural buildings, uses and structures, including buildings, lots and facilities owned, used or operated by any governmental agency.

"Public Utility" or "Public Service Facility" means power plant, or bus, rail station, or other transportation depot, water treatment plant or pumping station, sewage disposal or pumping plant and other similar public service structures erected, operated or regulated by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including, but not limited to, electrical, gas, rail transport, telecommunication, cable television, public water, drainage and sewage services facilities.

"Public Way" means an alley, avenue, boulevard, bridge, channel, ditch, servitude, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or public entity have a right, or that are dedicated, whether improved or not.

"Recreational Vehicle" means any camping trailer, motor home, mini-motor home, travel trailer, truck camper, van camper, boat or boat trailer used primarily for recreational purposes and not used commercially.

"Recreational Vehicle Park" or "RV Park" is a camp ground for recreational vehicles.

"Rehabilitative Care Center" or "Congregate Care Facility" means a facility for the purposes of temporary or long-term inpatient treatment of not more than ten victims of alcohol or drug use or addiction. Any property used for an adult day care center shall have a six-foot wooden or vinyl privacy fence between any outdoor areas used by the residents and neighboring residential properties.

"Research activities" means the conduct of research, development, and testing in various fields of science, such as, but not limited to, chemistry, pharmacy, medicine, electricity, transportation and engineering.

"Restaurant" means an establishment wherein food is prepared and/or served including but is not limited to a cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house. In the event a restaurant applies for the issuance of a liquor license pursuant to local and state laws, a restaurant shall be further required to meet the requirements of the Central Alcohol Beverage Control Ordinance. For purposes of this Zoning Code, the following types of restaurants are defined:

1.

"Carryout Restaurant" is a Restaurant which exclusively prepares and sells food to be consumed off premises.

2.

"Drive-in Restaurant" is a Restaurant which prepares and serves food to patrons in parked motor vehicles for consumption either on or off premises.

3.

"Drive-through Restaurant" is a Restaurant which prepares and serves food to patrons exclusively through a drive-through.

4.

"Sit-down Restaurant" is a Restaurant in which prepares and serves food to be consumed on premises.

5.

"Sit-down/Carryout restaurant" is a Restaurant which prepares and sells food for consumption on or off premises.

6.

"Carryout/Sit-down/Drive-through Restaurant" is a Restaurant which prepares and sells food for consumption on or off premises and serves food to patrons for consumption off premises through a drive-through.

"Retail Establishment" means a place of business devoted in whole or in part to the sale, rental and/or servicing of goods or commodities normally delivered or provided on the premises to a consumer.

"Right-of-way" means a strip of land acquired or dedicated for use as a public way which may include a roadway, curbs, lawn strips, sidewalks, lighting and drainage facilities.

"Rural Event Venue" ("REV") means a use on a parcel of land with the unique capacity to accommodate events while preserving the essential rural character of the community and the site on which the use may be located. An owner/operator of a rural event venue may operate a hosting and rental facility for events including, but not limited to, wedding receptions, holiday parties, and fundraisers, with food and beverages that are prepared and served on site or by a caterer to invited guests during intermittent dates and hours of operation. A rural event venue shall not operate as any kind of restaurant, bar, or other non-residential use with regular hours of operation.

"School" means establishments, whether public or private, that primarily offer teaching and learning for students in grades pre-Kindergarten through 12th grade, and also includes functions that are part of the day-to-day operations of these establishments, such as school-bus parking and sports fields and structures.

"Screening" means any structure or vegetation that conceals, protects or separates. Screening vegetation shall have year round opacity of at least 75 percent.

"Seat" means the number of devices for seating individual persons or the number of spaces allocated for seating individuals (but not less than 24 lineal inches) in multi-person seating units.

"Self Service Storage Facility" means a structure containing a number of small, separate storage areas of varying size leased or rented on an individual basis.

"Service Establishment" means a place of business where services such as, but not limited to, grooming, repair and cleaning are provided on the premises to a consumer.

"Servitude" means a strip existing or to be reserved by the subdivider, for public utilities, drainage and other public purposes; the title to which shall remain with the property owner, subject to the right of use designated in the reservation of the servitude; or a strip of ground designated or intended to be used for access to building site.

"Setback Line" means a line generally parallel with and measured from the Lot Line, defining the limits of a yard within which no building or structure (including a parking lot) may be located above ground, except as may be permitted by this Zoning Code.

"Shopping Center" means a commercial area consisting of two or more retail businesses providing convenience goods, general merchandise, office or recreational activities; providing for off-street parking adjacent to such activities.

"Sidewalk" means that portion of the road Right-of-way that is paved and intended for the use of pedestrian traffic.

"Sign" means any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, good or service, activity, place, person or any other item of information. For purposes of removal, signs shall also include sign support structures.

"Standard shrub" means any plant specimen, evergreen or deciduous, that, upon maturity, occupies a space not less than 18 cubic feet.

"Standard tree" is a tree with a minimum caliper of three inches (measured one foot above ground), ten to twelve 12 feet high, of a deciduous or evergreen variety that is normally capable of attaining a 25-foot over all spread when the plant is 20 years old.

"Street" or "Road" means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic. Streets shall be classified as follows:

"Private Street" or "Private Road" means an undedicated street, privately owned and maintained, and intended as a primary means of access to a lot or lots.

"Public Street" or "Public Road" means a street dedicated to the City.

"Storage" or "Stored" means the keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day-to-day use or consumption of the same.

"Storage shed" means an accessory structure on a residential lot not greater than ten feet in height or 300 square feet in area that is placed or constructed without a slab or other permanent foundation (such as on skids); nor on wheels. Storage sheds may be used to store household goods and yard and home maintenance equipment and materials. Storage sheds may not be used for vehicle or boat storage or as a workshop.

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, signs, light standards, air conditioning units and heat pumps, and other fixed mechanical equipment as well as recreational equipment not moved on a regular basis.

"Structural Alteration" means any change, except those required by law or ordinance, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, but not including openings in bearing walls.

"Swimming Pool" means any structure intended to contain water at least 24 inches deep for swimming or recreational bathing including in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

1.

"Private Swimming Pools" include those exclusively used without paying an additional charge for admission, by the residents and guests of a single household, a multi-family development; the members and guest of a club; or the patrons of a motel or hotel.

2.

"Public Swimming Pools" include all Swimming Pools other than Private Swimming Pools.

"Tavern" means an establishment for the retail sale of beer, wine, distilled liquors and other intoxicating beverages, for use or consumption upon the premises, and licensed as such. A tavern may also include a package liquor business if properly licensed.

"Tower" and "Antenna" mean structure attached to a building or a detached structure affixed to the ground, used in the transmission, relaying or receiving of electromagnetic waves or signals.

"Travel Trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling and may be hauled along a highway.

"Use" means the specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained. Use includes construction, establishment, maintenance, alteration, enlargement, and occupation.

"Variance" or "Variation" means a decision of the Board of Adjustments granting specific relief from the bulk requirements of this Zoning Code.

"Veterinary Clinic" means a place used for the diagnosis, medical and surgical treatment of sick, ailing, infirm, or injured animals and that may include overnight indoor accommodations.

"Warehouse" means a facility largely devoted to storage of goods and materials and where no manufacturing is involved.

"Wetlands" means those areas that are inundated or saturated by surface or ground water (hydrology) at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation (hydrophytes) typically adapted for life in saturated soil conditions (hydric soils). Wetlands generally include swamps, marshes, bogs, and similar areas.

"Wholesale Establishment" means a business establishment engaged in selling to retailers or jobbers rather than consumers.

"Yard" means an open space on a lot unoccupied and unobstructed from the ground upward, except as otherwise permitted in this Zoning Code.

1.

"Front Yard" means the open space across the full width of the lot extending from the closest point of the front line of the principal building to the front lot line. On Corner Lots the Front Yard shall face the shortest dimension of the lot adjacent to the street.

2.

"Side Yard" means the open space between the closest point of the Principal Building and the side line of the lot and extending from the front line to the rear line of the building.

3.

"Rear Yard" means the open space extending the full Lot Width between the closest point of the Principal Building and the Rear Lot Line.

"Zoning Administrator" means the person who serves as the chief zoning official of the City.

"Zoning Certificate" or "Zoning/Planning Review Letter" means a written statement by the Zoning Administrator attesting that the application complies with all pertinent requirements of this Zoning Code.

"Zoning lot" means a single tract of land in common ownership located within a single block, which is used or occupied for any principal use, whether permitted, special or nonconforming. A zoning lot need not coincide with a lot of record and may consist of:

1.

A single lot of record;

2.

A portion of a lot of record;

3.

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

4.

A piece of property described by metes and bounds.

(Ord. No. 2019-24, 7-9-2019; Ord. No. 2020-23, 7-27-2020; Ord. No. 2022-41, 12-13-2022; Ord. No. 2023-25, 8-3-2023; Ord. No. 2024-01, 1-18-2024; Ord. No. 2024-13, 4-20-2024; Ord. No. 2024-18, 7-15-2024)