Within the districts established by this ordinance or amendments that may later be adopted, there may exist, lots, structures, uses of land and structures, and characteristics of use which were lawful but which would be prohibited, regulated, or restricted under the terms of this ordinance or such amendment. It is the intent of this ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

The lawful use of any building or structure or land existing at the time of enactment of this ordinance or amendment thereto may be continued, even though such use does not conform with the provisions of this ordinance, except that the nonconforming use shall not be:

A.

Changed to another nonconforming use;

B.

Reestablished after discontinuance for a continuous period of six months or discontinuance of 18 months during any three-year period (except when government action impedes access to the premises);

C.

Expanded, extended or enlarged in any manner which increase its non-conformity, but such structure may be altered to decrease its non-conformity.

Should under the threat of condemnation, by an entity possessing legal authority to condemn, a lot become non-conforming, then any structure upon that lot which is destroyed by natural causes shall be allowed to reconstruct within 18 months but no component of the noncompliance could be enlarged.

A building occupied by a nonconforming use at the time of enactment of this ordinance or amendment thereto may be retained, except that it shall not be:

A.

Expanded, extended or enlarged in any manner which increases its non-conformity.

B.

Rebuilt, altered or repaired if such construction costs would exceed 50 percent of its replacement cost.

A.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, provided such construction costs do not exceed 50 percent of its replacement cost.

B.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any ordinance of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

Interpretation of words.

A.

Words used in the singular shall include the plural, and the plural the singular; and words in the present tense shall include the future tense.

B.

The word "shall" is mandatory and not discretionary.

C.

The word "may" is permissive.

D.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

E.

The word "structure" includes the word "building."

F.

Words not defined herein shall be construed as having the meaning given by common and ordinary use.

For the purpose of this ordinance, the following definitions shall apply:

Abut: To physically touch or border upon; or to share a common property line.

Accessory building or use: A use or a structure subordinate to the principal use or building on a lot and serving the purpose customarily incidental to the use of the principal building. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.

Administrator: A.k.a. zoning administrator, shall mean city manager or designee.

Agriculture: The production, rearing or storage of crops and/or livestock for sale, lease or personal use, or lands devoted to a soil conservation or forestry management program.

Airport: A place designed for the landing and taking off of aircraft, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.

Alley: A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alteration: Any change or re-arrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Animal hospitals: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

Apartment house: A structure containing three or more dwelling units.

Apartment unit: One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two dwelling units.

Artisan: A person or group of individuals manually skilled in making a particular product such as glass, pottery and ceramics, wood cabinets, and other small-scale woodworks.

Assisted living facility: A facility licensed by the State of Georgia for the transitional residency of elderly and/or disabled persons, progressing from independent living to congregate housing, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.

Automobile maintenance: The routine replacement and maintenance of non-engine related parts including brake repair, tire replacement, tune-ups, and oil changing. This term shall not include engine or body dismantling.

Automobile repair: General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers such as collision service, body repair and frame straightening; painting and upholstering; vehicle steam cleaning; and undercoating.

Automobile sales: The use of any building, land area or other premises for the display and sale of new or used motor vehicles, and including any warranty repair work or other repair service; provided, however, that such definition shall not include the sale by an individual of motor vehicles acquired for such individual's own use and actually so used.

Automobile service station (gas, filling station): A building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation or minor services, customarily incidental thereto; facilities for washing and for chassis and gear lubrication of vehicles are permitted if enclosed in a building.

Basement: That portion of a building built partly underground having one-half or more of its floor-to-ceiling height below the average level of the lot grade but not less than six and one-half feet.

Beverage shop: Retail establishment selling alcoholic goods and other materials that are packaged to go and not for consumption upon the premises.

Bedroom: A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.

Block: A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways or any other barrier to the continuity of development.

Boarding home for sheltered care: A profit or non-profit boarding home, rest home, or other home for the sheltered care of adult persons licensed by the State of Georgia which, in addition to providing food and shelter for up to five persons unrelated to the proprietor, also provides any personal care or service beyond food, shelter and laundry.

Boarding house: A building, or portion thereof, where meals and lodging are provided for compensation for at least three persons and not more than ten persons exclusive of the proprietor, members of the proprietor's family and servants of the establishment.

Buffer area: A strip of land established to protect one type of land use from another with which it is incompatible containing a continuous visual screening of vegetation and fencing.

Building: Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals or property of any kind.

Building coverage: The horizontal area measured from the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

Building facade: The portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation fronting a public street, excluding alleys and lanes, and which may also be referred to as the building face.

Building permit: Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

Building setback line: A line, usually fixed parallel to the lot line, beyond which a building, or any projection thereof, cannot extend, excluding uncovered steps terraces, stoops or similar fixtures.

Car wash: A building, or portion thereof, where automobiles are washed by mechanical or high pressure water devices.

Cemetery: Property used for the interring of the dead.

Certificate of occupancy (CO): A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

Childcare center: A private establishment enrolling five or more children and where tuition, fees, or other forms of compensation for the care of the children is charged. The term includes day nurseries and kindergartens.

Church: A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

City: The City of Emerson.

Clerk of superior court: Shall mean the clerk of the superior court of Bartow County, Georgia.

Clinic: A building or part of a building used for medical, dental, chiropractic, surgical or therapeutic treatment of human beings, excluding hospitals or professional offices of a doctor located in their residence.

Club or lodge, private: Buildings or facilities owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but primarily for profit or to render a service which is customarily carried on as a business.

Comprehensive plan: A policy guideline including the future land use map adopted by the mayor and council representing issues, goals, policies, and actions for the growth and development of the city. While adopted by the mayor and council it does not serve as a development ordinance nor does it carry the force of law but rather serves as a guide to continued growth and development city-wide.

Conditional use: A use permitted in a particular zoning district only upon showing that such use would not be detrimental to public health, safety or general welfare. Such uses may be required to meet additional standards and may be controlled as to the number, area and spacing from other uses and each other.

Condominium: A building, or group of buildings, in which units are owned individually, and the structure. Common areas and facilities are owned by all the owners on a proportional, undivided basis.

Condominium, commercial: A building or buildings used for offices, businesses, professional services and other commercial enterprise organized, owned and maintained as a condominium.

Construction vehicle: Any vehicle (other than passenger vehicle, pick-up or panel truck) whose primary purpose is use in land development and construction including, but not limited to, earth moving equipment and dump trucks.

Covenant: A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.

Convenience stores: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Cul-de-sac: A minor street with only one outlet, sometimes called a "dead end" street.

Curb cut: The opening along the curb line at which point vehicles may enter or leave the roadway.

Dedication: Under subdivision regulations, the transfer of property from private to public ownership.

Density: The number of families, individuals, dwelling units, or housing structures per unit of land. The standard for density shall be the gross density, which includes all the land within the boundaries of the area. The net density calculation shall exclude floodplains, wetlands and standing bodies of water.

Detention facility: A municipal, county, or state jail used for the detention of prisoners; including penal institutions, penitentiaries, prisons and prison institutions; detention and correctional institutions; rehabilitation institutions and work camps.

Development: The ordinance of an existing parcel of land; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

District: A part, zone or geographic area within the municipality within which certain zoning or development regulations apply.

Domesticated animals: Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, rodents, birds, and fish, but excluding horses, swine, livestock and exotic animals.

Drive-in establishment: An establishment which is designated to provide, either wholly or in part, service to customers while in their automobile parked on the premises.

Drive-in restaurant: A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building.

Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

Drug store: A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where non-medical products are sold as well.

Dwelling, detached: A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, duplex: A building that is divided horizontally into two dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than two families.

Dwelling, multiple or multifamily: A building designed for and containing three or more dwelling units.

Dwelling, quadraplex: Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.

Dwelling, single-family: A building designed for and containing one dwelling unit occupied by one family unit.

Dwelling, single-family attached: A one-family dwelling attached to two or more one-family dwellings by common vertical walls. This term includes duplexes and triplexes.

Dwelling, triplex: A building divided into only three dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than three families.

Dwelling unit: Consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included in each "dwelling unit."

Easement: A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Exotic or wild animals: Means any living member of the animal kingdom including those born or raised in captivity except the following: domestic dogs, domestic cats, common farm animals, rodents, fish, non-poisonous reptiles, common caged birds and invertebrates.

Family: One or more related persons or three or less unrelated persons occupying a dwelling and living as a single housekeeping unit provided that all related persons are related by blood, marriage or adoption. All related persons are limited to the spouse, parents, grandparents, grandchildren, stepchildren, sons, daughters, brothers or sisters of the owner or the tenant or of the owner's or the tenant's spouse. Domestic servants employed on premises may be housed on the premises without being counted as a family. The term "family" shall not be construed to mean fraternity, sorority, club, student center, group care homes, foster homes and is to be distinguished from persons occupying a boarding house, rooming house, hotel, or apartment unit as herein defined.

Family day care center: A private residence in which a business, registered by the State of Georgia and licensed by the City of Emerson, operated by any person who receives compensation for supervising and caring for no fewer than three and no more than eight children under 18 years of age, who are not residents in the same private residence for fewer than 24 hours per day.

Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Flag lot: A lot or parcels approved by the city with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontages.

Floor area: The total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, excluding attached garages, porches, balconies and unfinished basements.

Floor area ratio (FAR): A mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is located as: floor area/lot area = floor area ratio.

Frontage: The length of any property line of a premises which abuts public right-of-way.

Fraternity or sorority house: A dwelling maintained exclusively for members affiliated with an academic college or university or other professional recognized institutions of higher learning.

Funeral home: A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Garage, commercial: A commercial structure or any portion thereof in which one or more automobiles are housed, or kept or repaired; not including exhibition or showrooms or storage of cars for sale.

Garage, private residential: A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

Grade: An average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Group home: A dwelling shared by non-related individuals who live together as a single housekeeping unit and in a long-term family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. This use shall also apply to homes for the handicapped; however, the term "handicapped" shall not include current illegal use of or addiction to a controlled substance or alcohol, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcohol or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.

Halfway house: A temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes: 1) to help them recuperate from the effects of drug or alcohol addiction; 2) to help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs; or 3) to help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence.

Health department: Shall mean the Bartow County Health Department.

Health practitioner: A doctor, dentist, chiropractor but not including a veterinarian.

Height: The vertical distance between the highest part of a structure, sign or its supporting structure, whichever is higher, and the ground. The vertical distance from the grade, or its equivalent, to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof, and to the mean level of the underside of the rafters between the eaves and the ridge of the gable, hip or gambrel roof.

Historic district: A district consisting of various zones which have substantial historic, architectural and/or cultural significance. These areas shall be shown on the official zoning map.

Home for the aged: Any multifamily residential use limited to occupation by persons age 62 or older, with exception of managerial personnel. HUD elderly housing and handicapped housing; provided no health care services are furnished other than communication systems.

Hospital: A building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.

Hotel: A building in which lodging or board and lodging are provided for transient guests, and offered to the public for compensation and which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.

Improvement: Any man-made item which becomes part of, placed upon, or is affixed to, real estate.

Impervious surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water including streets, roofs, sidewalks, parking lots and other similar structures.

Industrial park: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, including warehousing and distribution, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

Junk vehicles: Any wrecked or non-operable automobile, truck or other vehicle.

Junk yard: Any land or building or other structure used for the storage, collection, processing or conversion of any worn out, cast off, or discarded metal, paper, glass or other materials which is ready for destruction, or has been collected or stored for salvage or conversion to some use.

Kennel: Any location where boarding, caring for and keeping of more than a total of four dogs or cats or other animals or combination thereof (except litter of animals of not more than six months of age) is carried on, and also raising of show, working, hunting animals.

Livestock: Poultry, cattle, swine, horses, mink, rabbits, sheep, goats or any other domestic animal used for consumption.

Lot: The basic development unit, also called parcel, with fixed boundaries, used or intended to be used by one building and its accessory building and not divided by any public road or alley.

Lot, corner: A lot fronting on two streets at their intersection.

Lot, substandard: A lot not meeting the required minimum lot dimensions of the zoning district it is in.

Lot coverage: That amount of land covered or permitted to be covered by a building(s) excluding parking areas, driveways and walkways but including accessory structures measured in terms of a percentage of the total lot area.

Lot depth: The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and midpoint of the rear lot line.

Lot line: A line of record bounding a lot, which divides one lot from another lot or from a public or private street or any other public space.

Lot width: The distance between the side lot line measured along the front building line of the lot as determined by the prescribed minimum front setback requirement.

Lot of record: A lot which is part of an approved subdivision, a plat of which has been recorded in the office of the clerk of the superior court of Bartow County; or a parcel of land, the deed to which has been recorded in the office of the clerk of the superior court of Bartow County.

Marina: A facility which is operated and equipped primarily for the purposes of in-water or dry storage of boats, or if in a residential setting and equipped primarily for the purpose of the launch of trailered boats and having in-water or dry storage of boats subject to specific site development and operations standards in order to protect the surrounding residential character, or which is also operated and equipped for sales, service and repair of boats both in and out of the water.

Major side setback: The required minimum horizontal distance between the building line and the property line which abuts any street frontage not considered as the front setback.

Manufactured home: A structure transportable in one or more sections and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. This unit must bear a HUD certificate. Note: Manufactured housing is regulated by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401-5426, pursuant to which the Department of Housing and Urban Development (HUD) promulgated regulations related to construction and safety. 24 CFR §§ 3280.1—3280.904.

Materials recovery facility: A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

Mini-warehouse: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

Minor side setback: The required minimum horizontal distance between the building line and the side property line, provided such property line does not abut any street, public or private.

Mobile home: Housing unit that is similar to a manufactured home, but does not bear the HUD certificate. Due to health, safety and general welfare reasons these units are no longer allowed.

Modular home: A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes having been built to state construction codes.

Motel: A facility offering transient lodging accommodations to the general public at a daily rate or weekly rate for a period of continuous guest occupancy not to exceed 30 days, and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. Guest quarters are accessible through a main entrance and by internal hallways. The purpose of such shall not be for extended stay occupancy.

Nonconforming use, building, lot, parcel of land: A legally existing use or building which fails to comply with any provision of this ordinance either at the effective date of this ordinance or as the result of subsequent amendments.

Nursing home: A home for aged or ill persons licensed by the State of Georgia as such in which persons are provided with food, shelter and medical care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment.

Occupant: The individual or individuals in actual possession of a premises.

Office, general: Any building or part of a building in which one or more persons are employed in the management or direction of an agency, business, organization, but excludes such uses as retail sales, manufacture, assembly or storage of goods, or places of assembly and amusement.

Office, professional: Any building or part of a building in which one or more persons are employed in the management or direction of an agency, business, organization staffed by professionally qualified persons and their staff. Examples of qualified professions typically are licensed by the State of Georgia and include, but are not limited to, architects, real estate brokers, health service practitioners, accountants, engineers and attorneys.

Official zoning map: A legally adopted map that conclusively shows the location and boundaries of zoned districts.

Off-street parking space: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

Open space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment.

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

Outlet mall: A type of shopping mall which manufactures sell their products directly to the public through their own branded stores. Other stores in outlet malls are operated by retailers selling returned goods and discontinued products, often at heavily reduced prices.

Parcel: The basic development unit, also called lot, with fixed boundaries, used or intended to be used by one building and its accessory building and not divided by any public road or alley.

Parking area: Any public or private land area used for parking vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

Parking lot: Any designated area designed for temporary accommodation of motor vehicles in normal operating condition.

Parking space: Any area for the exclusive parking of a single vehicle.

Permit: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.

Permitted use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal care home: A facility licensed by the State of Georgia for the transitional residency of persons incapable of independent living, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.

Pharmacy: A place where medicines are compounded or dispensed.

Planned development: A tract of land developed based on a plan which allows for flexibility of design not available under normal zoning district requirements.

Planned shopping center: Commercial development which is approved site-plan specific and allows for minor reductions of bulk area requirements typically in exchange for greenspace/open space and other amenities. Also allows for uniqueness of site and architectural design.

Planning commission: shall mean the planning commission for the City of Emerson, Georgia. Also referred to as the planning and zoning board.

Plat: A map representing a tract of land, showing the boundaries and location of individual properties and streets.

Plat, final: The final map of all or a portion of a subdivision or site plan which is presented to the planning commission for final approval.

Plat, preliminary: A map indicating the proposed layout of the subdivision or site plan which is submitted to the proper review authority for consideration and approval.

Public works director: The person vested by the city manager with the responsibility of directing the operations of building inspections, fleet transportation, sanitation, street and traffic administration, street department, and traffic services.

Recovered materials: Those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

Recovered materials processing facility: A facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.

Recreational vehicles: A camper, camp trailer, travel trailer, house car, motor home, trailer bus, trailer coach, fifth wheel or similar vehicle, with or without motive power, designed to provide temporary living quarters for recreational camping, travel use or emergency occupancy, constructed with integral wheels to make it mobile and/or towable by motor vehicle.

Recycling collection point: A primary or accessory use that serves as a neighborhood drop-off point for temporary storage of recoverable resources with no processing of such items taking place.

Residence: A home or dwelling utilized as living quarters.

Residential district: Any zone consisting primarily of residential dwelling units.

Rest home: See Home for the aged.

Retail professional services: Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

Retail trade: Establishments engaged in selling goods or merchandise to the general public and for personal or household consumption and rendering services incidental to the sale of such goods.

Right-of-access: The legal authority to enter or leave a property.

Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.

Rooming house: See boarding house.

RV park: A parcel of land which has been planned and developed to accommodate two or more travel trailers, self-propelled motor homes, truck campers and camping trailers for temporary occupancy of not over 60 days' duration.

School: State, county, city church or other schools, public or private, as teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post-high school learning centers.

Setbacks: The required space between a property line and a building or specified structure.

Shopping center: A group of commercial establishments constructed as a singular entity with customer and employee parking provided on-site.

Sidewalk: A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Site plan: The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Solid waste handling facility: Any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.

Sports complex: An area of a minimum of 75 acres containing multiple permanent fields for a variety of sports, for sports such as baseball, softball, lacrosse, soccer/football fields, and other competitive sports facilities and associated structures and uses and related commercial and office uses. Permanent fields include associated features (depending on the sport) such as fencing/backstops, dug-outs, benches, goals, bleachers and scoreboards.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those finished basements used for the principal use with a floor area greater than 50 percent of the story above.

Street: A way for vehicular traffic, whether designated as an avenue, boulevard, road, highway, expressway, lane, alley, or other way.

Street, alley: A service way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property; not intended for general traffic circulation.

Street, arterial: A street shown as an arterial street.

Street, collector: A street shown as a collector street.

Street, local: A street shown as a local street.

Street, private: Any right-of-way or area set aside to provide vehicular access within a development which has not been dedicated to, nor accepted by the city, and which is not maintained by the city.

Structure: Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground.

Subdivider: A person, firm or corporation having such a proprietary interest in the land to be subdivided as will authorize the maintenance or proceedings to subdivide such land under this ordinance, or the authorized agent of such person, firm or corporation for the purpose of proceeding under these regulations.

Subdivision: All divisions of a tract or parcel of for the purpose (whether immediate or future) of sale, lease, legacy or building development; it includes all divisions of land involving a new street to which the public has access (whether private or public) or change in an existing street, and includes re-subdivision, and where appropriate to the context, related to the process of subdividing or to the land or area subdivided.

Swale: A depression in the ground, which channels runoff.

Swimming pool: As defined in the City of Emerson Building Code Ordinance.

Tract: An area, parcel, piece of land, or property, which is the subject of a development application.

Trailer: Any vehicle or structure constructed so as to permit occupancy thereof as sleeping or living quarters, or the conduct of any business, trade or occupation, or use as selling or advertising device, or use of storage or conveyance for chattel, tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets propelled or drawn by its own or other motive power. This term shall include, but not be limited to: automobiles, motorcycles, boat utility trailers, trailer coaches and manufactured homes.

Trailer, camping: Shall mean any portable structure or vehicle designed for highway travel at legal speed limits without special permit which is intended for temporary living.

Townhouses: Attached houses in a row or group, each house separated from adjoining houses in the same row or group by fire walls and having fee simple title.

Variance: A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship as distinguished from a mere inconvenience or a desire to make more money.

Waste transfer station: A facility used for the temporary storage and collection of waste materials.

Yard: An open space on the same lot with a building or building group lying to the front, rear, or side of a building extending to the nearest lot line.

Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

Zone: A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.