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Dover City Zoning Code

CHAPTER 13

APPENDICES

12-13-1: APPENDIX A; DETAILED PERFORMANCE STANDARDS FOR OFF STREET PARKING AND LOADING:

   A.   Purpose: These performance standards are intended to prevent traffic congestion on public streets by requiring provision for adequate off street parking and loading areas.
   B.   Off Street Parking Required: All buildings and uses shall provide the minimum number of off street parking spaces required by table A1 of this section. Off street parking requirements for different uses housed in the same building (a retail outlet in a manufacturing plant, for example) shall be calculated separately.
   C.   Off Street Parking Requirements For Uses Not Listed: The classification of uses and the off street parking requirements for uses not listed in table A1 of this section shall be determined by the administrator.
   D.   Location Of Off Street Parking:
      1.   Off street parking spaces shall be provided on the same lot and under the same ownership or control as the building or use they serve, except two (2) or more buildings or uses may share an off street parking area where the total number of spaces provided is not less than the sum of spaces required for all buildings or uses served. Where buildings or uses sharing a parking area are not in the same ownership or control, a contract providing for shared parking for a period of ten (10) or more years shall be executed before approval of a permit and recorded before issuance of a certificate of occupancy.
      2.   Required off street parking spaces shall be within six hundred feet (600') of a main entrance of the building or use being served, except that spaces serving a dwelling shall be within one hundred feet (100') of the dwelling unit served.
   E.   Passenger Loading Areas: Where located on an arterial street, daycare centers, preschools, public schools and places for public assembly shall provide at least one off street passenger loading area. The minimum standards for passenger loading areas shall be:
      1.   Such areas shall be located where there is adequate visibility for their safe use;
      2.   Off street passenger loading areas shall:
         a.   Be divided from the street by a curbed barrier at least four feet (4') in width;
         b.   Be at least sixty feet (60') in length and twelve feet (12') in width;
         c.   Accommodate one-way traffic only;
         d.   Include a depressed curb section for handicapped access; and
         e.   Be marked by signs facing both traffic lanes.
   F.   Off Street Loading Areas: Commercial buildings and uses shall provide one off street loading area for each ten thousand (10,000) square feet of gross floor area.
      1.   Off street loading areas shall be on the same lot and under the same ownership and control as the building or use they serve.
      2.   Off street loading areas shall be designed to accommodate the largest vehicle reasonably anticipated to be used on the site, and shall have the following minimum dimensions:
         a.   Vertical clearance: Fourteen feet (14');
         b.   Width: Twelve feet (12'); and
         c.   Depth (length): Thirty five feet (35').
      3.   Off street loading areas shall be designed so that no vehicle parked in the loading area shall extend into a public right of way.
   G.   Access To Off Street Parking And Loading Areas: Access driveways shall be provided for safe access to all off street parking and loading areas. The following standards apply to off street parking and loading areas:
      1.   No parking area, except those serving single-family dwellings, shall be designed or constructed to create a situation in which vehicles are required to back onto a public street;
      2.   Parking and loading areas shall be sited and designed to minimize the number of access points to arterial streets;
      3.   No access driveway to a local street shall be within twenty feet (20') of any intersection or alley, or ten feet (10') of another access point;
      4.   No access driveway to an arterial street shall be within forty feet (40') of its intersection with a local street, or sixty feet (60') of its intersection with another arterial;
      5.   The distance from an access driveway to an intersection is measured from the junction of the corner lot lines at the intersection, to the nearest side of the driveway;
      6.   Clear vision triangles shall be provided for all access driveways, as required by section 12-6-10 of this title and section 12-13-3, appendix C of this chapter;
      7.   Access driveways for single-family dwellings shall be a minimum of ten feet (10') wide, with a curb radius of five feet (5'). Access driveways for other uses shall be designed to accommodate the reasonably anticipated level of use;
      8.   Where required for drainage, access driveways shall be constructed over a minimum twelve inch (12") culvert capable of supporting a load of forty thousand (40,000) pounds.
   H.   Circulation Within Off Street Parking Areas: The pattern of circulation within parking areas shall be designed to provide safe and efficient access to individual parking spaces, protect pedestrians moving through the parking area, and facilitate safe access to public streets.
      1.   Minimum aisle widths shall be:
         a.   For two-way circulation and/or ninety degree (90o) parking: Twenty four feet (24');
         b.   For one-way circulation and/or sixty degree (60o) angle parking: Eighteen feet (18');
         c.   For one-way circulation and/or forty five degree (45o) angle parking: Fifteen feet (15');
         d.   For one-way circulation and/or thirty degree (30o) angle parking: Thirteen feet (13').
      2.   Where one-way circulation is used, directional signs shall be installed at all access points to the parking area.
      3.   No parking area shall be designed so that circulation from one portion of the parking lot relies on a public street to gain access to another portion of the parking lot.
   I.   Protecting Pedestrians In Off Street Parking, Loading Areas: There shall be safe pedestrian access around or through all parking and loading areas.
   J.   Off Street Parking And Loading Area Surface: All off street parking and loading areas, except those serving individual single-family dwellings, shall be constructed with an all weather paved surface.
   TABLE A1
   MINIMUM OFF STREET PARKING SPACE REQUIREMENTS
Type
Use
Spaces Required (Per 1,000 Sq. Ft. Of Gross Floor Area Unless Otherwise Noted1)
Type
Use
Spaces Required (Per 1,000 Sq. Ft. Of Gross Floor Area Unless Otherwise Noted1)
Entertainment:
 
Bowling alleys, arcades, similar amusements; health clubs, spas
5
 
Theaters, other places of assembly
0.3 per seat3
Residential:
 
Boarding houses, dormitories
1 per bed
 
Dwellings
2 per unit2
Retail:
 
Apparel, accessories
3
 
Automotive, marine craft, aircraft, access:
 
    Sales and services
5
 
    Sales, no services
1
 
Building materials, hardware, farm equipment
1
 
Eating and drinking places
15
 
Furniture, home furnishings, equipment
1
 
General merchandise
4
 
Groceries, other food stores
4
 
Other retail trade
3
 
Shopping centers less than 200,000 sq. ft.
4
 
Shopping centers over 200,000 sq. ft.
5
Service:
 
Business services
3
 
Finance, insurance, real estate
3
 
Health services:
 
    Hospitals
2 per bed
 
    Physicians, dentists, outpatient clinics
5
 
    Rest homes, etc.
2 per bed
 
Miscellaneous services
3
 
Office parks - mixed use
3
 
Personal services:
 
    All others
3
 
    Beauty and barber services
6
 
Professional services
3
Other (the following have the listed parking requirement, plus 1 space for each employee anticipated when operating at capacity):
 
Contract construction services
2
 
Daycare centers, preschools
1
 
Elementary, junior high schools
1 per class
 
Lodging places
1 per room
 
Manufacturing, wholesaling
2
 
Transportation, communication, utilities
2
 
Notes:
   1.   These requirements do not include parking for company vehicles. 1 space shall be added for each such vehicle anticipated.
   2.   The off street parking requirement for housing developments occupied by the elderly shall be reduced to 1 space for each dwelling unit.
   3.   Where a place of assembly does not have fixed seating, 1 space shall be provided for each 25 square feet of assembly area.
(Ord. 146, 9-22-2016)

12-13-2: APPENDIX B; DETAILED PERFORMANCE STANDARDS FOR BUFFERING:

   A.   Purpose: Landscaping requirements are an essential element in mitigating potential land use conflicts and enhancing the visual appeal of the city. The purpose of this section is to assure that the landscaped buffers required by this title effectively accomplish these goals.
   B.   Location Of Buffers: Buffers should be located along property lines where competing land uses are located or as directed by the city where the purpose is to mitigate competing land uses. Buffers, where approved by the city, may be located along property lines that front public rights of way or public property.
   C.   Buffer Widths And Buffer Width Reductions:
      1.   Buffer Widths: The width of required buffers shall vary with the nature of the uses being separated, the height of the buildings being separated, and the construction of the buffer. Table B1 of this section provides the width required. The buffer shall consist of a level or gently sloping area of sod or ground cover and four (4) major trees per hundred linear feet of buffer. Table B1 of this section also shows where a security fence and/or a solid fence, wall or berm is required as part of a buffer.
      2.   Buffer Reduction Berms: The width requirements of table B1 of this section may be reduced where a berm is included in the buffer. The width reduction shall be twice the height of the berm, with a maximum permitted reduction of ten feet (10').
      3.   Additional Plantings: The width requirements of table B1 of this section may be reduced where a greater density and diversity of plantings is included in the buffer. The buffer width reductions permitted in this section are cumulative and may result in a total reduction of up to thirty percent (30%). Buffer width reductions permitted above are cumulative with those permitted here.
         a.   Major Trees: The required buffer width shall be reduced by ten percent (10%) where five (5) or more major trees per hundred linear feet are planted.
         b.   Understory Trees: The required buffer width shall be reduced by ten percent (10%) where five (5) or more understory trees per hundred linear feet are planted.
         c.   Shrubs: The required buffer width shall be reduced by ten percent (10%) where twenty (20) or more shrubs per hundred linear feet are planted.
   D.   Buffer Crossings/Inclusions:
      1.   Driveways, Utility Lines, Sidewalks: Buffers may be crossed by access driveways, utility lines and/or sidewalks. A sidewalk may run along the length of a buffer, with its width, up to a maximum of five feet (5'), being included in the required buffer width. Buffers may also include permitted signs.
      2.   Obstruction Of Sight: Where access points and driveways intersect buffer areas, no element of the buffer area shall obstruct the line of sight of the driving traffic so as to create a hazard or potential hazard to the public.
   E.   Plant Materials Specifications: Plant materials installed in required buffers shall meet the following minimum specifications:
      1.   Trees: All trees, major and understory, shall be containerized or bagged and burlapped stock in good condition with a diameter at breast height (dbh) of at least one inch (1"); and
      2.   Shrubs: All shrubs shall be minimum two (2) gallon containerized stock in good condition.
      3.   Warranty: All plant materials shall be warranted for one year by the provider.
   F.   Maintenance: Perpetual maintenance of required buffers is required.
   TABLE B1
   REQUIRED BUFFERS
Required
Buffered Uses
Use Being Buffered
Basic Buffer (Width In Feet)
Buffer Height Adjustment Factor
Security Fence Required?
Headlight Buffer Required?
Required
Buffered Uses
Use Being Buffered
Basic Buffer (Width In Feet)
Buffer Height Adjustment Factor
Security Fence Required?
Headlight Buffer Required?
Commercial and/or public
Residential
20
1:1
No
Parking area
River
40
None
No
No
Outdoor materials handling/storage area; solid waste handling and storage less than 10,000 sq. ft.
Residential/
vacant
20
None
Yes
Yes
Public way
12
None
No
Yes
River
20
None
No
No
Outdoor materials handling/storage area; solid waste handling and storage more than 10,000 sq. ft.
Residential/
vacant
40
None
Yes
Yes
Public way
12
None
No
No
River
40
None
No
No
Parking areas with +4 spaces
Residential/
vacant
12
None
No
Yes
Public way
12
None
No
Yes
High density residential uses
Residential
12
80:1
No
Parking area
River
20
None
No
No
 
Notes:
Basic Buffer: Basic buffer width is required in all cases, except where a width reduction is permitted by subsection C2 or C3 of this section.
Buffer Height Adjustment Factor: The height adjustment factor is a ratio stating how many additional feet of buffer width must be added for each 1 foot of building height, after the first 10 feet.
Security Fence: A security fence is at least 6 feet in height and designed to prevent unauthorized entry to the site.
Headlight Buffer: A headlight buffer is a solid fence or wall, dense hedge or berm of at least 4 feet in height placed or planted to block headlight glare originating in parking areas or other areas of frequent vehicle movement.
(Ord. 146, 9-22-2016)

12-13-3: APPENDIX C; DETAILED PERFORMANCE STANDARDS FOR STREET DESIGN AND CONSTRUCTION:

   A.   Purpose: The purpose of this section is to provide standards for the construction or reconstruction of streets. These standards are for streets in low to medium density residential and light commercial areas. A large scale development study will be required for any development that generates sufficient traffic to necessitate additional construction requirements.
   B.   Street Classification: U.S. Highway 2 is an arterial.
   C.   Street Design:
      1.   Right Of Way Width: A sixty foot (60') right of way shall be dedicated for all streets. This requirement may be altered as the result of a large scale development study, as provided at section 12-6-14 of this title.
      2.   Street Construction: All streets shall be paved, unless otherwise approved by the city council, and properly drained as directed by the city engineer.
      3.   Minimum Width: The final paved width of all streets shall be in accordance with adopted street standards. This requirement may be altered as the result of a large scale development study.
      4.   Minimum Sight Distance: A minimum sight distance of two hundred feet (200') shall be provided along all streets. This requirement may be altered as the result of a large scale development study.
      5.   Maximum Grade: The maximum grade of any street shall be eight percent (8%), except at intersections, as provided in subsection D of this section.
      6.   Cul-De-Sacs, Turnarounds And Connections: Cul-de-sacs and turnarounds shall be consistent with adopted codes and master plans, and be approved by the fire district and city council. Dead end streets shall be discouraged and all developments shall be designed to maximize functional connections with adjoining developments. This includes, but is not limited to, general access and traffic and pedestrian circulation, access to shared access to arterial streets, shared parking and service access, shared buffers and open space areas, and shared pedestrian circulation.
      7.   Minimum Centerline Radius Of Curves: The minimum centerline radius of curves shall be two hundred fifty feet (250').
      8.   Minimum Tangent Between Reverse Curves: The minimum tangent between reverse curves shall be fifty feet (50').
   D.   Intersection Design:
      1.   Approach Speed: The design approach speed for all intersections shall be twenty five (25) miles per hour. This requirement may be altered as the result of a large scale development study.
      2.   Clear Sight Distance And Vision Triangle: A minimum clear sight distance of ninety feet (90') shall be maintained along each approach leg at all street intersections. Additionally, a clear vision triangle to provide visibility required for safe access to streets shall be provided. Clear vision triangles are determined as follows:
         a.   At Street Intersections: The clear vision triangle includes the area defined by extending a line between two (2) points, one on each lot line paralleling the street, each of which is forty five feet (45') from the lot corner at the intersection; and
         b.   At Other Points Of Access: The clear vision triangle includes the area defined by extending a line between two (2) points, one on the lot line paralleling the street, and one on the out edge of the driveway, each of which is fifteen feet (15') from the point where the driveway crosses the lot line.
      3.   Grade At Intersection: The maximum grade at, and within fifty feet (50') along both approaches to, any intersection shall be two percent (2%).
      4.   Alignment Of Intersection: All intersections shall be at a ninety degree (90o) angle, with both approaches running at ninety degrees (90o) for at least fifty feet (50') before the intersection.
      5.   Curb Radius: Curb radius at all intersections shall be twenty feet (20'), except at intersections with arterials, where it shall be twenty five feet (25').
      6.   Minimum Centerline Offset Of Intersections: The minimum centerline offset of intersections shall be one hundred twenty five feet (125'), except for intersections with arterials, where it shall be two hundred feet (200').
      7.   Signs: The developer shall install stop signs at all intersections with arterial streets. The developer shall also install all other signs required for safe traffic and pedestrian movement in the subdivision.
   E.   Additional Standards For Culverts And Bridges:
      1.   Design: All culverts and bridges shall be designed by an Idaho licensed engineer.
      2.   Fish Protection: Use of bridges rather than culverts shall be required wherever the Idaho fish and game department requests the use of bridges to protect fisheries.
      3.   Flood Damage Prevention:
         a.   All bridges and culverts on natural watercourses shall be designed to pass a 100-year flood without damage to the bridge or its approaches and without diverting floodwaters onto neighboring properties.
         b.   Culverts not included in subsection E3a of this section shall be designed to pass the runoff from the 10-year, 6-hour storm.
      4.   Vehicle Load: The minimum gross vehicle load supported by any bridge or culvert shall be forty thousand (40,000) pounds. A higher load bearing capacity may be required by a large scale development study.
      5.   Approach: There shall be a minimum fifty foot (50'), ninety degree (90o) approach to all bridges.
   F.   Sidewalks Required: A sidewalk shall be installed along all streets. Sidewalks shall be located one foot (1') from and parallel to the outer edge of the street right of way. Sidewalks shall be at least four feet (4') wide and consist of:
      1.   Subbase: Minimum of four inches (4") of crushed coarse aggregate; and
      2.   Base: Minimum of four inches (4") of portland cement sidewalk. (Ord. 146, 9-22-2016)

12-13-4: APPENDIX D; DEFINITIONS:

ACCESSORY DWELLING UNIT (ADU): A second, subordinate dwelling unit for use as a complete, independent dwelling located on the same lot or parcel as the main dwelling and complying with all standards associated with such use as adopted by the city of Dover.
ACCESS, PRIMARY: A driveway or other access point providing the main ingress and egress from abutting property to the adjacent street and generally the point from which an address is assigned.
ACCESSORY STRUCTURE, RESIDENTIAL: Structures such as garages, tool or garden sheds, carports and other such structures that are incidental and customarily associated with dwellings and located on the same lot or parcel as the residence.
ADMINISTRATOR: The City Mayor or designee, who may be typically known as the Planning and Zoning Administrator.
ANTENNA: An apparatus, including wires, poles, rods, dishes, or other similar devices, designed to transmit or receive radio frequency (RF) signals for wireless communication, to be operated or operating from a fixed location pursuant to Federal Communications Commission (FCC) authorization, for the provision of personal wireless service and any commingled information services.
ANTENNA ARRAY: Two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes.
BUILDING HEIGHT: The vertical distance between predevelopment ground elevation and the highest point on the building or structure. The maximum building height shall be measured immediately adjacent to the building from a horizontal plane set by the highest structural point on the building to the highest predevelopment ground elevation on the uphill side of the building, excluding chimneys, vents and antennas.
CELL TOWER: A free-standing structure that is attached to the ground, a rooftop, or other structure that is used for the installation and operation of wireless communication facilities, including monopoles, lattice towers, guy-wire supported towers, or other similar structures.
CO-HOST: An agent, company or individual acting on behalf of short-term rental property owners or renters to assist with listings, bookings, property maintenance, or similar rental management tasks.
CO-LOCATION OR CO-LOCATE: The addition or installation of new equipment to an eligible, pre-existing wireless communication structure or facility to allow service by a different provider than the original developer of the site so that a new support system is not required.
COMMUNICATION FACILITY, WIRELESS TELECOMMUNICATION FACILITY (WCF): The collective components of an unstaffed facility and its support structures for the transmission and/or reception of radio frequency, microwave or other signals for commercial communication purposes, including towers, antennas, antenna arrays, equipment shelters, equipment cabinets, transmission cables, a support structure required to generate, transmit, or receive communication signals.
DAYCARE CENTER: A place, home, building or location providing care, with or without instruction, for more than six (6) children not residing on the same premises.
DAYCARE, HOME: A home providing care, with or without instruction, for six (6) or fewer children not residing on the same premises.
DWELLING: A single unit or structure providing an independent living facility for human habitation, including provisions for sleeping, eating, cooking, and sanitation. A recreational vehicle (RV), as defined by Idaho State Code, is not a dwelling.
DWELLING UNIT: One (1) or more rooms designated for, or used as a residence for, not more than one (1) family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. The term does not imply or include such type of occupation as a lodging or boarding house, club, hotel or group home.
FAMILY: Two (2) or more people living together in a single domicile for an extended period of time.
FENCE: An enclosure or barrier, such as wooden posts and rails, masonry, stone, wire, iron, or other such common fencing materials used as a boundary or enclosure for privacy, protection, or confinement, but not including hedges, shrubs, trees, or other natural growth.
GOOD NEIGHBOR POLICY: A short-term rental operating policy that encourages occupants to respect the rights and expectations of a residential neighborhood and the local environment by informing them of local laws, subdivision rules, shoreline issues, no-wake zones, recycling programs, parking requirements, and general safety awareness and respect for the neighborhood.
GROUP HOME: A place, home, building or location providing care for six (6) or more unrelated children as a member of the household for the purpose of providing substitute parental care.
HABITABLE LIVING SPACE: An area within a residential building used for living, sleeping, eating or cooking purposes. Those areas not considered to meet this definition include garages, decks, covered porches and utility spaces.
HOME OCCUPATION: A business, profession, occupation or trade conducted for gain or support entirely within a residential building or accessory residential structure, which is incidental and secondary to the principal residential use meeting all requirements and standards of the City of Dover.
IMPERVIOUS SURFACE: Any structure, surface or improvement that reduces and/or prevents absorption of stormwater into land. Common "impervious surfaces" include, but are not limited to, rooftops, walkways, patios, driveways, parking lots, concrete or asphalt paving, gravel roads, packed earthen materials and oiled, macadam or other surfaces that impede the natural infiltration of stormwater. Open, uncovered retention or detention facilities are not considered to be impervious surfaces for the purposes of this title.
JUNK: Includes, but is not limited to, manufactured goods, appliances, fixtures, scrap metal, salvaged building materials, agricultural or yard wastes, plastics, garbage, furniture, rags, clothing and accessories, paper, or paper products, glass, machinery or vehicle parts, inoperable or unlicensed vehicles, construction wastes, or any other personal property, whether of value or valueless, that is demolished, discarded, dismantled or partially dismantled, dilapidated, or deteriorated so that it cannot be used for its original intended use.
JUNK YARD: An area, structure, building, or enclosure where junk is accumulated or stored, placed in transit, baled, packaged, sold, or exchanged.
KITCHEN: Any room principally used, intended, or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as establishing a kitchen.
LARGE SCALE DEVELOPMENT: Any subdivision or land use change, or group of subdivisions or land use changes created from the same parcel or adjacent parcels under the same ownership, that includes more than one hundred (100) proposed dwelling units or that potentially generates more than one thousand (1,000) automobile trips per day at peak occupancy.
LOT COVERAGE: The percentage which the aggregate building area of all buildings on the lot bears to the area of the lot (a ratio of total building area to total lot area).
MINIMUM FUNCTIONAL HEIGHT: Minimum height necessary for a WCF to function satisfactorily.
NONCONFORMING STRUCTURE: A structure or building, or portion thereof, which was lawfully erected or altered and maintained at the time this title was adopted, but which because of the applications of this title to it, no longer conforms to the use, height or area regulations of the zone in which it is located.
NONCONFORMING USE: A use which was lawfully established and maintained at the time this title was adopted, but which, because of the application of this title to it no longer conforms to the use regulations of the zone in which it is located.
OWNER OCCUPANCY: A property owner, as reflected in title records, who makes his or her legal residence at a site, as evidenced by voter registration, vehicle registration or similar means.
PARK: A public or privately owned area of land, with or without buildings, intended for outdoor active or passive recreation, scenic areas, natural areas, open space, community gardens, or similar facilities intended for public use.
PARKS AND RECREATION FACILITIES, HIGH-INTENSITY: Site development for a park or recreational development that does not meet the standards and definitions of a low-intensity park or recreation facility and may cause significant impacts to neighborhoods by the development of structures to accommodate park or recreation facilities that are not minor accessory structures.
PARKS AND RECREATION FACILITIES, LOW-INTENSITY: Site development for recreational activities or park that generally causes little or no modifications to the land other than for pedestrian or bicycle pathways and the associated parking areas, and creates minimal noise and traffic. Low-intensity park uses may include the following: pathways and trails of various surface materials, boat launches for non-motorized boats, minor accessory structures such as bathrooms, picnic tables, benches, gazebos, storage sheds, trail displays, trail signage and other accessory structures that do not significantly alter the land. Low-intensity forms of recreation or park development generally include: hiking, horseback riding, walking, picnicking, bicycling, birdwatching, small outdoor courts without bleachers or spectator seating, cross-country skiing, non-motorized water sports, and similar recreational activities and parks in natural settings with limited impacts to surrounding neighborhoods due to noise, lights, or glare.
PROVIDER: An entity or person that builds, installs, or operates the communication or wireless service.
RECREATIONAL VEHICLE (RV): A vehicular unit primarily designed as temporary living quarters for recreation, camping, or travel use, which either has its own motive power or is mounted or drawn by another vehicle. RV types include motor home, travel trailer, truck camper, fifth-wheel trailer, as defined by Idaho Code §39-4201, park model recreational vehicles, as defined by Idaho §49-117. The definition also includes a bus, van, trailer, or other vehicle converted for living quarters. In no case shall a recreational vehicle be considered a dwelling.
RESIDENTIAL LODGING: A single-family residence, occupied year-round, which provides sleeping rooms for the lodging of transient guests for a fee, and which includes the serving of or facilities for the preparation of meals for overnight guests. The term shall not include bed and breakfasts of five (5) or fewer bedrooms.
RESIDENTIAL LODGING: A single-family residence, occupied year-round, which provides sleeping rooms for the lodging of transient guests for a fee, and which includes the serving of or facilities for the preparation of meals for overnight guests. The term shall not include bed and breakfasts of five (5) or fewer bedrooms.
SETBACK: The minimum distance required between a structure's greatest architectural projections and the property line or other point of measurement established by this title.
SHORT-TERM RENTAL: The rental of one or more dwelling units for a term less than thirty (30) days, whether or not funds, goods or services are exchanged for the use. The term shall include vacation rental, Air BnBs, home sharing, co- hosted rentals, bed and breakfast facilities of five (5) or fewer bedrooms, and any other occupancy subject to the standards established by section 12-7-4 of this title. The term shall not include on-going, month-to-month rental tenancy granted to the same occupant. Short-term rental shall not include any retail, restaurant, banquet space, event center, or other similar uses.
SHORT-TERM RENTAL OCCUPANT: Any person or persons who occupy, rent, possess or are entitled to occupy a short-term rental by a rental agreement, contract, or other authorization. The term shall not include children age two (2) and younger.
SIGN: Any object or structure used to identify, advertise or in any way attract or direct attention to any use, building or person by any means, including, but not limited to, the use of lettering, words, pictures, and other graphic depictions or symbols.
   Construction Signs: Ground or wall signs that identify a building's planned use while under construction.
   Ground Signs: Freestanding signs not exceeding six feet (6') in height above grade.
   Home Occupation Signs: Which identify a business which operates out of a home and in compliance with the standards of this title.
STREET, FLANKING: A public or private right-of-way abutting the side of a parcel, lot or development site that does not provide primary access.
STRUCTURE: An object constructed or erected which requires location on the ground or is attached to something having a location on the ground, including towers, smokestacks, overhead transmission lines, but not including fences or walls used for fences not exceeding seven feet (7') in height when measured from predevelopment elevations.
STRUCTURE, ATTACHED: A structure that has at least one wall in common with another building.
STRUCTURE, DETACHED: Freestanding and structurally separated from other buildings.
TOWER, CELLULAR, WIRELESS: Any structure built or placed for the sole or primary purpose of supporting a wireless facility, such as a self-supporting tower/monopole; a lattice tower, or guyed-wire tower.
USE, PERMITTED: An activity or use so designated in any given zone, and which may occur without special action by the City Council, which may or may not need authorization by the City, subject to the provisions of the zone in which it is located.
USE, SPECIAL: A use listed among those designated in any given zone but which may be permitted to locate only after review by the Planning and Zoning Commission and the City Council.
VARIANCE: A modification of the requirements of this title as to the lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, height of buildings, or other title provisions affecting the size or shape of a structure or the placement of the structure upon lots.
WALL: An upright structural feature of building material, such as masonry, wood, or plaster, serving to enclose, divide, or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building.
WATER MARK, NATURAL, ORDINARY AND ARTIFICIAL: The natural or ordinary high water mark is an elevation at which water impresses a line on the shore by covering it for sufficient time to deprive soil of its vegetation and destroy its value for agricultural purposes. The artificial water mark is created by manmade dams or controls and similarly impresses a new vegetation line on the shore.
YARD: An open space, on a lot or parcel, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
YARD, FLANKING STREET: An open unoccupied space on the same lot or parcel as the structure that is at a street intersection on the side that does not provide primary access.
YARD, FRONT: An unoccupied space extending across the full width of a parcel or lot that abuts a street or access easement that is the primary access for the property. Property fronting on parallel streets shall be deemed to have two (2) front yards. The city may designate the front yard for properties located on intersecting streets or irregular-shaped lots or parcels, with consideration given to such factors as the primary access, the orientation of the building entrance, and addressing. Property on intersecting streets shall have one front yard and a flanking street yard.
YARD, REAR: An open, unoccupied space on the same lot or parcel as the structure that is most opposite the front yard. Triangular lots shall be deemed to have no rear yard.
YARD, SIDE: An open, unoccupied space on the same lot or parcel as the structure that is generally perpendicular to the front and rear yards. Any yard not defined as front or rear shall be considered a side yard. Triangular-shaped properties shall have one front yard and two side yards.
ZONING PERMIT: A permit that requires approval by the Administrator or the City Council, including, but not limited to, building permits, administrative reviews, site plans and/or home occupations, as applicable.
(Ord. 146, 9-22-2016; amd. Ord. 151, 8-17-2017; Ord. 158, 12-13-2018; Ord. 165, 10-10-2019; Ord. 178, 6-9-2022; Ord. 180, 11-15-2022; Ord. 184, 7-10-2023; Ord. 185, 7-10-2023; Ord. 190, 7-9-2025)