The following rules of construction apply to the text of this title:

   (A)   The particular shall control the general.

   (B)   In case of any difference of meaning or implication between the text of this title and any caption or illustration, the text shall control.

   (C)   The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

   (D)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural and the singular, unless the context clearly indicates the contrary.

   (E)   A "building" or "structure" includes any part thereof.

   (F)   The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".

   (G)   The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

   (H)   Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or", "either...or", the conjunction shall be interpreted as follows:

      1.   "And" indicates that all the connected items, conditions, provisions, or events shall apply.

      2.   "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

      3.   "Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

   (I)   Terms not herein defined shall have the meanings customarily assigned to them. (Ord. 867, 11-5-2001)

ABUTTING: Having a common border with or being separated from such a common border by a right of way, alley, or easement.

ACCESSORY BUILDING: A building or portion of a building subordinate to a main building on the same lot occupied by, or denoted exclusively to, an accessory use.

ACCESSORY USE, OR ACCESSORY: A structure or use that: a) is clearly incidental to and customarily found in connection with a principal building or use; b) is subordinate to and serves a principal building or a principal use; c) is subordinate in area, extent or purpose to the principal building or principal use served; d) contributes to the comfort, convenience, or necessity of occupants, business or industry in the principal building or principal use served; and e) is located on the same lot as the principal building or use served.

ADDITION: An extension or increase in floor area or height of a building or structure.

ADULT ENTERTAINMENT USES: Any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing or presenting specified sexual activities or specified anatomical areas.

   (A)   "Adult entertainment uses" shall include, but not be limited to, the following:

      1.   Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material which has a significant portion of any motion picture or other display depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

      2.   Adult Mini-Motion Picture Theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting material which has as a significant portion of any motion picture or other display depicting, describing or presenting "specified sexual activities" or "specified anatomical areas".

      3.   Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where a significant portion of images so displayed depict, describe or relate to "specified sexual activities" or "specified anatomical areas".

      4.   Adult Bookstore: A use which has a display containing books, magazines, periodicals, slides, pictures, cassettes, or other printed or recorded material which has as a significant portion of its content or exhibit matter or actions depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a (substantial) segment or section devoted to the sale or display of such material.

      5.   Adult Cabaret: A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where a significant portion of such performances show, depict or describe "specified sexual activities" or "specified anatomical areas".

      6.   Adult Motel: A motel wherein matter, actions or other displays are presented which contains a significant portion depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas".

      7.   Adult Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of, or in connection with, "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas".

      8.   Adult Model Studio: Any place where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar education institution.

      9.   Adult Sexual Encounter Center: Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas".

   (B)   "Significant portion" as used in the above definitions, shall mean and include:

      1.   Any one or more portions of the display having continuous duration in excess of five (5) minutes; and/or

      2.   The aggregate of portions of the display having a duration equal to ten percent (10%) or more of the display; and/or

      3.   The aggregate of portions of the collection of any materials or exhibits composing the display equal to ten percent (10%) or more of the display.

   (C)   "Display" as used in the above definitions, shall mean any single motion or still picture, presentation, dance or exhibition, live act, or collection of visual materials such as books, films, slides, periodicals, pictures, video cassettes or any other printed or recorded matter which is open to view or available to the general population whether for free or otherwise.

   (D)   "Specified sexual activities":

      1.   Human genitals in a state of sexual stimulation or arousal;

      2.   Acts of human masturbation, sexual intercourse or sodomy;

      3.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

   (E)   "Specified anatomical areas":

      1.   Less than completely and opaquely covered: a) human genitals, pubic region; b) buttock; and c) female breast below a point immediately above the top of the areola; and

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

ADULT FOSTER CARE FACILITY: A governmental or nongovernmental establishment subject to state licensing procedures as may be required having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults, who are aged, emotionally disturbed, developmentally disabled, or physically handicapped who require supervision on an ongoing basis, but who do not require continuous nursing care. "Adult foster care facility" does not include a nursing home, a home for the aged, an alcohol or a substance abuse rehabilitation center, a hospital for the mentally ill, or similar facilities.

ADULT FOSTER CARE FAMILY HOME: A private residence with the approved capacity to receive not more than six (6) adults who shall be provided foster care for five (5) or more days per week, and for two (2) or more consecutive weeks. The adult foster care family home licensee shall be a member of the household and a full time occupant of the residence.

ADULT FOSTER CARE LARGE GROUP HOME: An adult foster care facility with the approved capacity to receive at least thirteen (13), but not more than twenty (20) adults who shall be provided foster care.

ADULT FOSTER CARE SMALL GROUP HOME: An adult foster care facility with the approved capacity between seven (7) and twelve (12) adults who shall be provided foster care.

ALLEY: Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

ALTERATIONS: Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed".

APARTMENTS: A suite of rooms or a room in a multiple-family building arranged and intended for a place or residence of a single-family or a group of individuals living together as a single housekeeping unit.

ARCADE: Any place of business or establishment whose principal use shall be the housing of mechanical or electronic amusement devices. Mechanical amusement devices include any machine, which, upon the insertion of any coin, slug, token, plate or disc, or which, for a fee paid to the operator or owner, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, skill ball, mechanical grab machines, television display devices or machines, and all games, operations or transactions similar thereto, whether operated principally by mechanical means or electrical means or a combination thereof, under whatever name they may be indicated or called.

ARCHITECTURAL FEATURES: Architectural features of a building or a structure shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

AUTOMOBILE REPAIR: The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; tire recapping; overall painting and undercoating of automobiles.

BASEMENT: That portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

BED AND BREAKFAST INN: A use which is subordinate to the principal use of a dwelling unit as a one-family dwelling unit and a use in which transient guests are provided a sleeping room and board in return for payment.

BLOCK: The property abutting one side of a street and lying between the two (2) nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right of way, unsubdivided acreage, lake, river, or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

BOARDING HOUSE: A dwelling where meals, or lodging and meals, are provided for compensation and where one or more rooms are occupied by persons by prearrangement for definite periods of not less than one month. A boarding house is to be distinguished from a hotel, motel, bed and breakfast establishment, or a convalescent, nursing, or group home.

BUFFER AREA: An area, usually landscaped, intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.

BUILDING: A structure erected on site, a mobile home or mobile structure, a premanufactured or precut structure, above or below ground, having a roof or walls and built for, or capable of, the shelter or enclosure of persons, animals, chattels, or property of any kind.

BUILDING HEIGHT: The vertical distance from grade to the top of parapet wall in the case of a flat roof, to the deck line for mansard roofs, to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. The height of detached accessory structures shall be the distance from grade to the top of a parapet wall in the case of a flat roof, and to the peak of the roof for mansard, gable, hip, and gambrel roofs.

BUILDING LINE: A line formed by the face of the building, and for the purposes of this title, a minimum building line is the same as a front setback line.

BUILDING OFFICIAL (INSPECTOR): The administrative official designated by the city with the responsibilities of administering and enforcing this title.

BUSINESS CENTER: Any two (2) or more businesses which:

   (A)   Are located on a single parcel, or

   (B)   Are under one common ownership or management and have a common arrangement for the maintenance of the grounds, or

   (C)   Are connected by common walls, partitions, canopies, other structural members, or walkways, to form a continuous building or group of buildings, or

   (D)   Share a common parking area, or

   (E)   Otherwise present the appearance of a single continuous business area.

CAR WASH: An area of land and/or structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

CLINIC: An establishment where human or animal patients who are not lodged overnight are admitted for examinations and treatment by a group of physicians, dentists, veterinarians, or similar professionals.

CLUB, PRIVATE FACILITIES: Any nonprofit facility established to provide recreational or social activities for the sale and exclusive use of its members, their families, and guests.

CLUSTER DEVELOPMENT: A development design technique that concentrates buildings in specific locations on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

CONVALESCENT OR NURSING HOME: A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing, and medical care.

DAYCARE CENTER: A school, kindergarten, or adult care facility wherein daycare, or daycare and education are provided.

DEVELOPMENT: The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

DISTRICT: A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this title.

DWELLING, MOBILE HOME: A detached residential dwelling unit with a body width greater than eight feet (8'), of not less than forty feet (40') in length, and designed for transportation, after fabrication, on streets or highways, on its own wheels, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks, or other temporary or permanent foundations, connections to utilities, and the like. A mobile home shall not be considered a travel trailer, motor home, or any other type of recreational vehicle. In addition, mobile homes, which do not conform to the standards for one-family dwellings, of this title, shall not be used for dwelling purposes within the city unless located within a mobile home park or unless used for temporary residence purposes as hereinafter provided.

DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units designed for residential use and conforming in all other respects to the standards set forth for one-family dwellings.

DWELLING, ONE-FAMILY: A building designed exclusively for one family for residential use.

DWELLING, TWO-FAMILY: A building containing not more than two (2) separate dwelling units designed for residential use and conforming in all other respects to the standards set forth for one-family dwellings.

DWELLING UNIT: A building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking and sanitary facilities.

DWELLING UNIT, MANUFACTURED: A dwelling unit, which is substantially built, constructed, assembled, or finished off the premises upon which it is intended to be located.

DWELLING UNIT, SITE BUILT: A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which is intended to serve as its final location. Site built dwelling units shall include dwelling units constructed of precut materials and panelized wall, roof and floor sections, when such sections require substantial assembly and finishing on the premises, which is intended to serve as its final location.

EARTH BERM: A mound of earth planted with ground cover, grass, trees, or other landscaping material intended to minimize the view of parking areas and reduce noise and dust from adjacent uses and passersby.

EASEMENT: A property right, such as a right of way, less than fee title, over, above, on, and/or under real property for the use by the easement owner.

ELDERLY HOUSING: A building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons sixty (60) years of age or older, or couples where either spouse is sixty (60) years of age or older. This does not include a foster care, home for the aged, or nursing home.

ERECTED: To have built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage and the like, shall be considered a part of erection.

ESSENTIAL SERVICES: A public utility or municipal department utilizing underground, surface, or overhead gas, electrical, steam, fuel, or water transmission or distribution systems, collection, communication, supply or disposal system, but not including buildings.

EXCAVATION: Any breaking of ground, except common household gardening and ground care.

FAMILY/SINGLE-FAMILY:

   (A)   One or more individuals living together in a one-dwelling unit who are related by blood, marriage, or adoption; or

   (B)   One or more individuals, unrelated by blood, marriage, or adoption, living together in a one- dwelling unit in a nontransient domestic relationship as a single housekeeping unit; or

   (C)   An "adult foster care family home", as defined in this section.

"Family/single-family" specifically excludes clubs, fraternities, sororities, motels, hotels, boarding houses, and adult foster care large group homes and adult foster care small group homes, as defined in this section.

FENCE: Any permanent or seasonal partition, structure, or gate erected upon or near, but not limited to, the dividing line between adjoining property owners, for the purpose of separating, screening, enclosing or protecting property. Hedges, ornamental shrubs, trees and bushes shall be considered fences when placed in a manner or position to serve as such and to prevent passage across.

FLOODPLAIN (FLOOD PRONE AREA): Any land area susceptible to being inundated by water from an existing watercourse such as a stream, river, or drainage/ponding area.

FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall not include the basement floor area except when more than one-half (1/2) of the basement height is above grade. "Floor area" shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), attic space having headroom of seven feet ten inches (7'10") or more, interior balconies, and mezzanines. Any space devoted to off street parking or loading shall not be included in "floor area".

FLOOR AREA, RESIDENTIAL: For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.

FOSTER CARE: The provision of supervision, personal care, and protection in addition to room and board, for twenty four (24) hours per day, five (5) or more days per week, and for two (2) or more consecutive weeks of compensation.

FRONTAGE: That portion of a lot, which abuts a public right of way or private road.

GARAGE, PRIVATE: An accessory building or portion of a main building designed or used solely for the storage of motor driven vehicles, boats, similar vehicles and household items owned and used by the occupants of the building to which it is accessory.

GARAGE, SERVICE: Any premises used for the storage or maintenance of motor driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.

GASOLINE SERVICE STATION: A place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including automobile repair.

GOVERNMENTAL AGENCY: Any department, commission, independent agency, or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, authority, district, or governmental unit.

GRADE: The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building, if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building, measured at a distance four feet (4') out from the edge of the building.

GREENBELT: A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this title.

HEALTHCARE FACILITY (HOSPITAL): A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis and treatment of human disease, pain, injury, deformity or physical condition allowing overnight stay, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, tuberculosis hospital, chronic disease hospital, maternity hospital.

HISTORIC DISTRICT: An area containing buildings or places in which significant and notable historic events occurred or which has special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community; these events or features having such significance to warrant conservation and preservation.

HOME FOR THE AGED: A supervised personal care facility, other than a hotel, adult foster care facility, hospital, nursing home, or county medical care facility, that provides room, board, and supervised personal care to twenty one (21) or more unrelated, nontransient, individuals sixty (60) years of age or older. "Home for the aged" includes a supervised personal care facility for twenty (20) or fewer individuals sixty (60) years of age or older when the facility is operated in conjunction with and as a distinct part of a licensed nursing home.

HOME OCCUPATION: An accessory use of a dwelling that constitutes either entirely or partly, the livelihood of a person living in the dwelling, said use shall be conducted entirely within the dwelling and carried on by the inhabitants therein and having no external effects.

HOTEL: A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial, or desk service, and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

JUNKYARD: An area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to: scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes automobile wrecking yards and includes any open area of more than two hundred (200) square feet for storage, keeping, or abandonment of junk.

KENNEL: Any lot or premises on which three (3) or more dogs, cats, or other household pets are either permanently or temporarily boarded.

LOADING SPACE: An off street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

LOT: A measured portion of a parcel or tract of land, which is legally described and recorded.

LOT AREA: The total horizontal area within the lot lines of the lot.

LOT, CORNER: A lot abutting on and at the intersection of two (2) or more streets.

LOT COVERAGE: The part or percent of the lot occupied by buildings including accessory buildings.

LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

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

LOT LINES: The lines bounding a "lot" as defined in this section.

   (A)   Front Lot Line: In the case of an interior lot, is that line separating said lot from the streets. In the case of a corner lot, both lot lines abutting street frontage shall be considered front lot lines.

   (B)   Rear Lot Line: That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet (10') long lying farthest from the front lot line and wholly within the lot. In the case of a corner lot, the rear lot line shall be the lot line opposite the front lot line.

   (C)   Side Lot Line: Any lot line other than the front or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

LOT OF RECORD: A lot which actually exists in a subdivision plat as shown on the records of the county register of deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded. Whenever an owner has combined two (2) or more lots as contained on any recorded plat or described by metes and bounds into a single building site, said combination of lots shall be deemed to be a single "lot of record" for the purposes of this title.

LOT, THROUGH: Any interior lot having frontage on two (2) more or less parallel streets as distinguished from a corner lot.

LOT WIDTH: The horizontal straight line distance between the side lot lines, measured between the two (2) points where the front setback line intersects the side lot lines or in the case of a corner lot, the side lot line and opposite lot line.

LOT, ZONING: A single tract of land, which may include one or more lots of record, which conforms with this title with respect to area, size, dimensions and frontage in the district.

MAIN BUILDING: A building in which is conducted the principal use of the lot upon which it is situated.

MAJOR THOROUGHFARE: An arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the major thoroughfare plan to identify those streets comprising the basic structure of the major thoroughfare plan.

MASTER PLAN: The comprehensive plan prepared and adopted by the city pursuant to law.

MEZZANINE: An intermediate floor in any story occupying space not to exceed one-third (1/3) of the floor area of such story.

MINIWAREHOUSE (SELF-STORAGE FACILITY): A facility consisting of a building or a group of buildings in a controlled access compound, where individual stalls or lockers are rented out to different tenants for the dead storage of customers' goods and wares.

MOBILE HOME PARK: A parcel of land, which has been planned and improved for the placement of mobile homes for residential use.

MOTEL: A series of attached, semidetached, or detached rental units containing a bedroom and bathroom, and that provides for overnight lodging and are offered to the public for compensation and cater primarily to the public traveling by motor vehicle.

MOTORIZED HOME: A self-propelled motor vehicle, which provides some or all of the amenities of day to day living, while used as a means of transportation for recreational or travel purposes.

MUNICIPALITY: The city of Clinton, DeWitt County, Illinois.

NONCONFORMING BUILDING: A building or portion thereof lawfully existing at the effective date hereof, or amendments thereto, and that does not conform to the provisions of this title in the district in which it is located.

NONCONFORMING LOT: Any lot, outlet, or other parcel of land, which does not meet the land area or dimension requirements of this title.

NONCONFORMING USE: A use which lawfully occupied a building or land at the effective date hereof, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

NORMAL GRADE LEVEL: Normal grade shall be construed to be the lower of: a) the existing grade prior to construction; or b) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the fence. In cases in which the normal grade cannot reasonably be determined, the fence height shall be computed on the assumption that the elevation of the normal grade at the base of the fence is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoning lot, whichever is lower.

NURSERY, PLANT MATERIALS: A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.

NURSING HOME: A nursing care facility, including a county medical care facility, but excluding a hospital, which provides organized nursing care and medical treatment to seven (7) or more unrelated individuals suffering or recovering from illness, injury, or infirmity.

OCCUPIED: To be, or intended to be, arranged, designed, built, altered, converted to, rented or leased.

OFF STREET PARKING FACILITY: A facility providing vehicular parking spaces, off the public right of way, with adequate drives and aisles for maneuvering, so as to provide access and exit for the parking of more than three (3) vehicles.

OPEN AIR BUSINESS USE: An open air business use, as used herein, shall be deemed to include any business when said business is not conducted from a wholly enclosed building.

OPEN FRONT STORE: A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "open front store" shall not include automobile repair or gasoline service stations.

OVERNIGHT LODGING FACILITY (Hotel/Motel/Motor Inn): An establishment or building(s) providing a number of bedrooms, baths, etc., for the accommodation of travelers or other transient guests.

PARKING SPACE: An area of definite length and width, for the purpose of parking motor vehicles, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.

PLANNED COMMERCIAL OR SHOPPING CENTER: A group of commercial establishments, connected or on single parcel or lot, planned, constructed, and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

PORCH: A projection on a building or structure containing a floor, which may be either totally enclosed or open.

PRINCIPAL USE: The main use to which the premises are devoted.

PUBLIC BUILDING: A building that is owned by the public is all, or a part thereof, designated for and open to use by members of the general public, and not including patios and appurtenances.

PUBLIC UTILITY: A person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, transportation or water.

RECREATIONAL VEHICLE: A vehicle, other than an automobile, which moves one or more persons over the ground, air, water, ice, or snow, and which is either self-propelled or connects to a vehicle which is self-propelled, and is intended for use off the public road system, and/or for recreational use. Excluded are private automobiles and commercial trucks and trailers.

RESTAURANT:

   (A)   Standard Restaurant: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state, and whose design or principal method of operation includes the consumption of food on the premises.

   (B)   Carryout Restaurant: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state, and whose design or method of operation encourages the consumption of food off site or it may permit incidental consumption on the premises.

   (C)   Drive-In/Drive-Through Restaurant: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to consume state, and whose design, method of operation, includes one or both of the following characteristics:

      1.   Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle, either by a carhop, or by other means, which eliminate the need for the customer to exit the motor vehicle.

      2.   The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, within the restaurant building, or at other facilities on the premises outside the restaurant building, is permitted.

RIGHT OF WAY: The right or privilege, acquired through accepted usage or contract, to pass over a designated portion of the property of another. A right of way may be either public or private and usually is occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar uses.

ROOM: For the purpose of determining lot area requirements and density in a multiple-family district, a "room" is a living room, dining room, great room, or the like, or a bedroom equal to at least eighty (80) square feet in area. A "room" shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, stairways, hallways, and storage. Plans presented showing one, two (2), or three (3) bedroom units and including a "den", "library", or other extra room shall count such extra room as a bedroom for the purpose of computing density.

SETBACK: The distance required to obtain minimum front, side, or rear yard open space provisions of this title.

SIGN: See section 10-3-9 of this code for definitions regarding signs.

SPECIAL USE: Any use of land listed as a principal use permitted subject to special conditions, which, due to its potential effect on adjacent lands, in particular, and the overall city in general, requires approval, by the city council according to the standards as provided in this title.

STORY: That part of a building, except a "mezzanine" as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a story.

STORY, HALF: An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven feet (7'). For the purposes of this title, the usable floor area is only that area having at least five feet (5') clear height between floor and ceiling.

STREET: A public dedicated right of way, other than an alley.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

SWIMMING POOL: Any permanent pool used for swimming or bathing having a depth in excess of twenty four inches (24") or a surface area exceeding one hundred sixty (160) square feet.

TEMPORARY USE OR TEMPORARY BUILDING: A use or building permitted by the board of appeals to exist temporarily during a specified period of time or until a specific event occurs.

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

VARIANCE: Permission to depart from the literal requirements of the zoning ordinance.

VARIANCE, NONUSE: A departure, other than use or usage, from the provisions of the zoning ordinance relating to setbacks, side yards, frontage requirements, lot size, parking, signage, and other requirements of the applicable zoning district.

VARIANCE, USE: A variance granted for a use or structure that is not permitted in the applicable zoning district.

WALL, OBSCURING: A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this title.

YARDS: That portion of a lot between the outermost boundaries and the main building thereon, and as defined herein:

   (A)   Front Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. In the case of corner lots, front yard shall be deemed to exist along each street frontage.

   (B)   Rear Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

   (C)   Side Yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

ZONING DISTRICT: A zoning district is a portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and within which contain yard, open spaces, lot area, and other requirements are established by this title. (Ord. 867, 11-5-2001; amd. correspondence dated 6-4-2007)