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Ferguson City Zoning Code

2.0

DEFINITIONS

For the purpose of this ordinance, the following terms, phrases and words shall have the meanings given herein and shall apply in the interpretation and enforcement of this ordinance unless otherwise specifically stated. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular.

Accessory Antenna. An antenna and supporting structure attached to a building designed and used for an amateur radio or citizen band radio (including such antennae used for transmitting and receiving), a similar communication device that only receives a radio frequency (RF) signal or any receive-only home television antenna.

(Ord. No. 97-2896, 2-25-97)

Accessory Building. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Accessory Use. A subordinate use which is incidental to and customary in connection with the principal building or use and which is located in the same lot with such principal building or use.

Adult Day Care Center. An establishment which undertakes through its ownership or management to provide basic services to three or more adults, not related to the owner/operator, for a period of less than twenty-four (24) hours a day on a regular basis in a place other than the adult's home.

(Ord. No. 92-2555, 8-25-92)

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

Antique Mall. A premises consisting of a building divided into two or more bays or spaces which front on a pedestrian way, and which contains businesses primarily engaged in the sale of antiques.

(Ord. No. 93-2663, 8-24-93)

Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

(Ord. No. 2001-3319, 8-28-07)

Automotive Sales. The sale of new or the sale of new and used vehicles, motor homes, recreational vehicles, horse trailers and motorcycles.

Basement. A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes other than by a janitor employed on the premises.

Bed and Breakfast. A single-family residence, occupied and managed by the owner/resident manager of the residence, providing overnight accommodations to the public for a charge for more than 10 nights in any calendar year. Bed and Breakfast Inns do not include motels, hotels, boarding houses, or food service establishments.

(Ord. No. 97-2886, 1-28-97)

Boarding House. A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for four or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

Boarding Stable. An accessory building for the keeping of horses and/or ponies including horses and ponies owned by the occupants of the premises, and one or more horses and/or ponies owned by others regardless of whether such horses are kept for remuneration.

(Ord. No. 97-2907, 5-27-97)

Building. Any structure designed or intended for the support, enclosure, shelter or protection of persons or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.

Building, Height of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Cellar. A story having more than one half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurements.

Check Cashing Business. An establishment classified under Standard Industrial Classification (SIC) Code Number 6059, which is primarily engaged in providing currency and coinage for a fee to individuals presenting checks drawn from a bank or other source. This shall not include banks or savings and loan institutions, nor other businesses wherein the cashing of checks is merely incidental to other primary business activities being conducted on the premises.

(Ord. No. 93-2664, 8-25-93)

Child Day Care Center. A facility providing care for more than 10 children under the age of 13 for four or more hours of any part of a twenty-four hour day. All such facilities must be licensed by the state of Missouri.

(Ord. No. 92-2555, 8-25-92)

Church. A building used principally for religious worship; but the word church shall not include or mean an undertaker's chapel or funeral building, a religious educational institution, parochial school or day care center.

Commercial Vehicle. Any motor vehicle that is for hire and is designated, maintained, or used for the delivery or transportation of freight, merchandise, property, tools, or other equipment for hire. It shall also include vehicles for hire for the transportation of persons for a fee or other consideration. It shall not include station wagons, pick up trucks, vans, or other similar vehicles unless said vehicles are, in fact, used for the delivery or transportation of freight, merchandise, property, tools, other equipment used for hire, or the transportation of persons for a fee or other consideration.

(Ord. No. 97-2899, 3-11-97)

Communication Antenna. Any device that transmits and/or receives radio waves for voice, data, or video communications purposes; including but not limited to VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, personal communication services (PCS), or other wireless telephony, fixed point microwave, low power television, or other similar wireless communications and common carriers. This definition does not include small satellite dish antennae that only receive a signal, any other receive-only antenna including a satellite earth station, any receive-only home television antenna, or any accessory antenna as herein defined which does not exceed 50 feet or less in height.

(Ord. No. 97-2896, 2-25-97)

Communication Tower. A freestanding structure designed for the support of one or more communication antennae and including guyed towers, self-supporting (lattice) towers or monopoles. This definition shall also include any tower, column, or similar structure mounted on the roof of a building and exceeding 15 feet in height which is designed for the support of one or more communication antennae. This definition does not include any structure of 50 feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

(Ord. No. 97-2896, 2-25-97)

Community Garden. One or more lots or parcels of land, less than one (1) acre in size, used to produce vegetables, fruits, flowers, or other plant material for multiple users.

Deck. An open air, uncovered, non-inhabitable structure that is connected to a single family dwelling, two family dwelling or multiple family dwelling.

(Ord. No. 89-2340, 3-14-89)

Density. The allowable number of units per area required as established in a particular district.

Development Plan. A plan for planned residential and commercial districts which shall include all information required in site plans as well as all other information required by the Zoning Ordinance, Plan Commission or City Council.

Director. The Director of Public Works for the City of Ferguson or such other person designated to administer and enforce this Ordinance.

District. Any section of the City of Ferguson within which the zoning regulations are uniform.

Drive-In Business. An establishment primarily engaged in serving, selling, or otherwise making available its services to patrons situated in automobiles, including the provision of curb service.

(Ord. No. 91-2509, 10-22-91)

Drive-Thru Facilities. An accessory use to a business establishment primarily engaged in serving, selling, or otherwise making available its services to patrons inside a building. The drive-thru facilities allow the business to also serve, sell, or otherwise make available its services to patrons situated in automobiles through the use of a drive-up window or similar device, but does not include the provision of curb service.

(Ord. No. 91-2509, 10-22-91)

Dwelling. A building or portion thereof designated or used exclusively for residential occupancy, but not including trailers, mobile homes, hotels, motels, boardinghouses, fraternities, sororities, or tourist homes.

Dwelling, Duplex. A building designated for or occupied by two families with the individual units adjacent to one another as opposed to one above the other.

Dwelling, Multiple. A building, or portion thereof, designed for or occupied by three or more families.

Dwelling, Single Family. A building designed for or occupied exclusively by one family.

Dwelling, Two Family. A building designed for or occupied exclusively by two families.

Dwelling Unit. A room or suite of rooms used as a single family dwelling including bath and culinary accommodations.

Facilities. A network or system, or any part thereof, used for providing or delivering a Service and consisting of one or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances, or other equipment.

(Ord. No. 2007-3331, 11-13-07)

Facilities Permit. A permit granted by the City for placement of Facilities on private property.

(Ord. No. 2007-3331, 11-13-07)

Family. One or two adults and the children and/or grandchildren of such adults and not more than two (2) other adults who are both related to either of the other two, living together as a single housekeeping unit in a dwelling with single kitchen facilities provided that such occupancy does not exceed the maximum occupancy limits for such dwelling; or a group of not more than three (3) unrelated persons living together by joint agreement occupying a single housekeeping unit with single kitchen facilities provided that such occupancy does not exceed the maximum occupancy limits for such dwelling. For purposes of this definition, a related person shall include any relative within the fourth degree by consanguinity or affinity.

(Ord. No. 2014-3548, § 1, 2-25-14)

Family Day Care Home. A single family residence which provides day care for more than four children who do not live in the residence. Care shall be provided to no more than ten children, including children under the age of 13 who are related to or under the foster care of the operator. Any home caring for more than four children unrelated to or not under the foster care of the operator must be licensed by the state of Missouri.

(Ord. No. 92-2555, 8-25-92)

Fence. An assemblage of materials forming a barrier at grade between a lot and street or alley or between portions of a lot or lots.

Filling Station. Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.

Foster Care Home. A private residence licensed by the Missouri Division of Family Services or Department of Mental Health to provide foster care to six or fewer children who are unrelated to either foster parent by blood, marriage or adoption.

(Ord. No. 95-2801, 11-28-95)

Fraternity and Sorority Houses. A building, rented, occupied or owned by a local chapter of a national or local organized college fraternity or sorority by or on its behalf by a building corporation or association composed of members of the local chapter of such fraternity or sorority, as a dwelling maintained exclusively for local members affiliated with an academic or professional college, university or other recognized institution of higher learning located within the corporate limits of the City of Ferguson.

Frontage. The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead end street.

Garage, Private. A detached accessory building or portion of the main building housing or designed to house the automobiles of the occupants of the premises.

Garage, Public. A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor driven vehicles. The term "repairing" shall not include the dismantling or storage of wrecked or junk vehicles.

Garage, Storage. A building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor driven vehicles, as distinguished from daily storage furnished transients and at which automobile fuels and oils are not sold, and motor driven vehicles are not equipped, repaired, hired, or sold.

Grade. The average level of the finished surface of the ground for buildings more than five feet from a street line. For buildings closer than five feet to a street, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the Director of Public Works shall establish the sidewalk grade.

Group Home. A building with an exterior appearance similar to a single family residence which houses eight or fewer unrelated mentally or physically handicapped persons (including a person with a developmental disability as defined under RSMo § 630.005) and may include two additional persons acting as house parents or guardians.

(Ord. No. 95-2801, 11-28-95)

Group Quarters. A residential building designed for housing more than five unrelated individuals including a fraternity house, sorority house, convent, monastery, home for the aged, total care facility or similar use.

(Ord. No. 95-2801, 11-28-95; Ord. No. 2003-3200, 12-9-03)

Home Occupation. An accessory use conducted in a single family dwelling which is (a) clearly incidental and secondary to the use of the dwelling, and does not change the character of the dwelling; and (b) of which there is no indication from the exterior that the dwelling is being utilized in whole or in part for any purpose other than a dwelling, and further that:

(1)

The home occupation is conducted wholly within the dwelling or off the premises;

(2)

There is no outside storage or display of materials in connection with the home occupation;

(3)

It is conducted only by a member of the family residing on the premises;

(4)

No signs other than a one square foot sign with the resident's name only;

(5)

The home occupation will not create more than six trips a day to and from the dwelling by all customers of the home occupation;

(6)

No stock or materials other than the type or quantity normally found in the home;

(7)

The delivery of any materials for the home occupation will not exceed two trips per day by any vehicle not owned by a family member; and

(8)

The mechanical equipment used for the home occupation is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office.

Home occupation shall include the use of a premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment but not for the general practice of his profession. Garage, yard and house sales shall not exceed two per calendar year, and each sale shall be limited to two concurrent days. Home occupation shall exclude the use of the premises for the use of barbershops, beauty shops, massage parlors, a doctor's office for the treatment of patients; or any use that exceeds the foregoing conditions. Any home occupation that becomes a business shall be relocated and removed from the residence.

Hotel. A building in which lodging or boarding and lodging are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside office or lobby and under supervision at all times. As such, it is open to the public in contradistinction to a boardinghouse or a multiple dwelling which are herein separately defined.

Institution. A nonprofit establishment for public use.

Loading Space. A space having a minimum dimension of 12 feet by 35 feet and a vertical clearance of 14 feet, within the main building or on the same lot providing for the standing, loading or unloading of trucks.

Lot. Land occupied or intended for occupancy by a use permitted in this chapter, including one main building, together with its accessory buildings, the yards, parking and loading spaces required herein and having its principal frontage upon a street or upon an officially approved place.

Lot, Corner. A lot abutting upon two or more streets at their intersection.

Lot, Depth of. The mean horizontal distance between the front and rear lot line.

Lot, Double Frontage. An interior lot having frontages on two streets.

Lot of Record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this chapter.

Lot Width. The width of a lot at the front yard line.

Maneuvering Space. The unobstructed area needed for a truck to back, in a single movement, directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of said loading space to the curb side of the most remote traffic lane in the access street.

Marijuana or Marihuana. Cannabis Indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plan and marijuana-infused products. "Marijuana" does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

(Ord. No. 2019-3666, § 1, 7-23-19; Ord. No. 2020-3672, § 1, 2-25-20)

Marijuana-Infused Products. Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

(Ord. No. 2019-3666, § 1, 7-23-19; Ord. No. 2020-3672, § 1, 2-25-20)

Medical Marijuana Cultivation Facility. A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a Medical Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Marijuana-Infused Products Manufacturing Facility.

(Ord. No. 2019-3666, § 1, 7-23-19; Ord. No. 2020-3672, § 1, 2-25-20)

Medical Marijuana Dispensary Facility. A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana- Infused Projects Manufacturing Facility.

(Ord. No. 2019-3666, § 1, 7-23-19; Ord. No. 2020-3672, § 1, 2-25-20)

Medical Marijuana-Infused Products Manufacturing Facility. A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test Facility, or to another Medical Marijuana-Infused Projects Manufacturing Facility.

(Ord. No. 2019-3666, § 1, 7-23-19; Ord. No. 2020-3672, § 1, 2-25-20)

Medical Marijuana Testing Facility. A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.

(Ord. No. 2019-3666, § 1, 7-23-19; Ord. No. 2020-3672, § 1, 2-25-20)

Medical or Dental Office (Clinic). A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, but not including in-patient or overnight care, or operating rooms for major surgery.

Motor Vehicles. Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.

(Ord. No. 96-2842, 6-25-96)

Nonconforming Building or Structure. A building or structure whose size, dimensions, or location was lawful prior to the adoption, revision, or amendment of this ordinance, but which would be prohibited or further restricted under the terms of this ordinance.

(Ord. No. 92-2579, 11-24-92)

Nonconforming Lot. A lot whose area, dimensions, or location was lawful prior to the adoption, revision, or amendment of this ordinance, but which would be prohibited or further restricted under the terms of this ordinance.

(Ord. No. 92-2579, 11-24-92)

Nonconforming Use. The lawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is situated.

Outdoor Restaurant. An eating or drinking establishment which has an unroofed area or a covered area which is not enclosed by walls where patrons may be served food and/or beverages.

(Ord. No. 94-2690, 3-8-94)

Outdoor Storage. The keeping, in an unroofed area, of any goods, material, or merchandise in the same place for more than twenty-four hours unless such goods, material, or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display and sales. The parking of motor vehicles in operating condition, which are used in the operation of a commercial establishment shall not be considered outside storage.

(Ord. No. 94-2690, 3-8-94)

Outpatient Facility for Treatment of Alcohol and Other Drug Abuse. A facility for the treatment and counseling of persons for alcohol or other drug abuse who are not housed at the treatment facility. The outpatient facility shall be licensed by the division of alcohol and drug abuse of the Department of Mental Health of the State of Missouri.

(Ord. No. 90-2448, 12-18-90)

Parking Facilities. Parking lots, parking garages or other similar structures providing parking spaces for nonresidential land uses.

(Ord. No. 95-2797, 10-24-95)

Parking Space. A durably surfaced area, unenclosed or enclosed in the main building or in an accessory building having a rectangular area of not less than nine feet wide and at least nineteen feet long. In parking structures, one-half of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space, and the minimum height of such space shall be seven feet.

(Ord. No. 95-2797, 10-24-95)

Person. An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation, or other entity, or any lawful successor thereto or transferee thereof.

(Ord. No. 2007-3331, 11-13-07)

Place. An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

Qualifying Patient. A Missouri resident diagnosed with at least one qualifying medical condition.

(Ord. No. 2019-3666, § 1, 7-23-19; Ord. No. 2020-3672, § 1, 2-25-20)

Residential Group Home. A building in which its residents are provided continuous care and are supervised twenty-four (24) hours per day by qualified persons. Each residential group home building must be on a minimum of three (3) acres of land. Residential facilities for the treatment of alcohol and drug abuse and for housing the physically handicapped are specifically excluded from this definition.

(Ord. No. 90-2447, 12-18-90)

Residential Treatment Facility. A premises licensed by the Missouri Department of Mental Health where residential prevention, evaluation, care, treatment, habilitation or rehabilitation is provided for persons affected by mental disorders, mental illness, mental retardation, developmental disabilities or alcohol or drug abuse.

(Ord. No. 95-2801, 11-28-95)

Restricted Permitted Use. A use that is allowed within a zoning district if specific criteria contained in the zoning district text are met.

(Ord. No. 2000-3078, 5-23-00)

Rooming House. A residential dwelling, or portion thereof, occupied by, or offered for rent, lease, or occupancy, to any person(s) who otherwise qualify for an occupancy permit, who are not the owners of record of said property. "Rooming house" shall be synonymous with "residential rental property" and such rental property shall be considered, for purposes of these zoning regulations, the same as other similar owner-occupied residential dwellings.

(Ord. No. 2014-3548, § 2, 2-25-14)

Satellite Dish Antenna. A device or structure which is used to transmit and/or receive radio, television, or electromagnetic waves or signals between terrestrially and/or orbitally based uses through a reflective surface that is solid, open mesh, or bar configured and generally is in the shape of a shallow dish, cone, horn, or cornucopia. This definition includes, but is not limited to, satellite earth stations, television-reception-only (TVROs), and satellite microwave antennae.

(Ord. No. 97-2896, 2-25-97)

School, Private. Any school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools, or private and parochial colleges and universities.

School, Public. Any school operated by a public school district or by a city, county, state or federal government agency.

Seasonal sales. The outdoor display of merchandise of interest to consumers on a seasonal basis including, but not limited to, Christmas trees, pumpkins, and lawn and garden supplies.

(Ord. No. 94-2690, 3-8-94)

Self-service storage facility. A building or group of buildings in a controlled-access compound that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of the customer's wares, goods, household items, or furnishings.

(Ord. No. 94-2696, 3-22-94)

Service. Providing or delivering an economic good or an article of commerce, including, but not limited to gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or storm water sewerage or any similar or related service, to one or more Persons located within or outside of the City using Facilities located within the City.

(Ord. No. 2007-3331, 11-13-07)

Short-Term Loan Establishment. A business, other than a pawnbroker, engaged in providing short-term loans to the public as a primary or substantial element of its business and which is not considered as a banking or savings and loan facility by the applicable licensing body. These establishments shall include, but not be limited to, "payday loan" establishments and title loan establishments.

(Ord. No. 2008-3354, 5-13-08)

Site Plan. A plan in compliance with the zoning ordinance drawn to scale showing the uses and structures proposed for a lot or tract of land. The plan shall include the actual dimensions of the property to be built upon; the lot lines; location of easements and public utilities; the size, shape and location of the building or buildings to be erected; the size, shape and location of existing structures and buildings; location and width of driveways; location of sidewalks and streets; grading; and all reserved open spaces. Where appropriate for planned and commercial districts, the site plan shall, in addition to the above requirements, include the location and dimensions of all parking spaces; a layout of available off-street parking; loading areas; location of areas of ingress and egress to and from the lot or tract of land; location and planting of landscaped areas; fencing and screening; placement of trash containers and enclosures; location of lighting and signs and any other information as required by the Zoning Ordinance and the Plan Commission.

State Licensed Nursing Facilities. Consistent with the definitions of State Law, a building or buildings in which elderly, chronically ill and disabled persons who are patients therein will be provided full support living facilities including 24-hour nursing supervision. This classification includes, Skilled Nursing Facility (SNF), intermediate Care Facility (ICF), Residential Care Facility II (RCF-II), and Residential Care Facility I (RCF-II). The State Licensed Nursing Facilities may include an accessory medical or dental office (clinic) as defined in this ordinance as an adjunct thereto and dwelling units for rent or lease to persons age 62 years or over, or chronically ill, or disabled persons, including a spouse of any such person, who can lead reasonably independent lives, and require minimal support facilities, supervision, maintenance and nursing care. Because the dwelling units are an adjunct thereto, they must be maintained and remain under the control and supervision of the operator of the full support State Licensed Nursing Facilities.

(Ord. No. 2007-3313, 5-22-07)

Street. All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements thereon.

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

Story. That portion of a building, other than a cellar, 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.

Story, Half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60 percent of the floor area is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.

Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders of any substantial change in the roof or in the exterior walls.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

(Ord. No. 94-2690, 3-8-94)

Urban Agriculture. One or more lots or parcels of land two (2) acres or greater in size, used to produce vegetables, fruits, livestock, flowers, and other plant material for both on and off-premises sales.

Used Car Lot or Sales. The annual sale of more than four used motor vehicles not in conjunction with an automotive sales establishment.

Vehicle, Motor. Any self powered vehicle moving on wheels or runners used as a means of transport.

Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, Front. A yard extending the full width of the lot between a principal building and the front lot line.

Yard, Rear. A yard extending the full width of the lot between a principal building and the rear lot line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, Side. An open space between the front and rear yards of a lot and between the side lot lines and the main building or any projections thereof.