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Fraser City Zoning Code

Division 6

Definitions

Sec. 19-2-610. - Words and terms.

The following words and phrases shall have the following meanings when used in this Chapter, unless the context otherwise requires:

Accessory building or structure means a building or structure on the same lot with the building or structure housing the principal use, but housing a use customarily incidental and subordinate to the principal use. See figure below.

Adult-oriented use means a use of property where the principal use, or a significant or substantial adjunct to another use, of the property is the sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas as the primary attraction to the premises, including but not limited to:

a.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

b.

Adult bookstore or adult video store means a place where books, magazines, motion pictures, prints, photographs, periodicals, video or audio recordings, novelties and devices or any of these things, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas, are sold or offered for sale to adults and includes a place with only a portion or section of its area set aside for the display or sale of such material to adults, except that any place, otherwise included within this definition, that derives not more than ten percent (10%) of its gross income from the sale of such material shall be exempt from the provisions of this Section so long as such material is kept in a location where it is not visible and shall not be a self-service item for the customers of such place.

c.

Adult cabaret means a nightclub, bar, restaurant or similar business which regularly features:

1.

Persons who appear in a state of nudity;

2.

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

3.

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

d.

Adult motel means a hotel, motel or similar business which offers private rooms to the public and provides patrons with live performances or closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

e.

Adult motion picture theater means a business where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

f.

Adult theater means a theater, concert hall, auditorium or similar business which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

g.

Adult photo studio means any establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas.

h.

Peep booth means a viewing room, other than a private room, of less than one hundred fifty (150) square feet of floor space upon the premises of a sexually oriented business where there are exhibited photographs, films, motion pictures, video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

i.

Private room means a room in an adult motel that is not a peep booth, has a bed in the room, has a bath in the room or adjacent to the room, and is used primarily for lodging.

j.

Sexual encounter establishment means a business or commercial establishment which, as one (1) of its primary business purposes, offers for any form of consideration a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one (1) or more of the persons exposes any specified anatomical area.

k.

Sexually oriented business means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or other similar business and includes:

1.

The opening or commencement of any sexually oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business;

3.

The addition of any sexually oriented business to any other existing sexually oriented business;

4.

The relocation of any sexually oriented business; or

5.

The continuation of a sexually oriented business in existence on the effective date of the initial ordinance codified herein.

l.

Specified anatomical areas means:

1.

Less than completely and opaquely covered: human genitals, pubic region, buttocks and female breast below a point above the top of the areola.

2.

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

m.

Specified sexual activities means acts, simulated acts, exhibitions, representation, depictions or descriptions of:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

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

3.

Intrusion, however slight, of any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body or into the body of an animal.

4.

Cunnilingus, fellatio, analingus, masturbation, bestiality, lewd exhibition of genitals or excretory function.

5.

Flagellation, mutilation or torture for the purposes of sexual arousal, gratification or abuse.

n.

Stage means a raised floor or platform at least three (3) feet above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least thirty-six (36) square feet in area.

Assisted living facility means a residential facility that provides meals and assistance with daily activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable to manage these activities themselves.

Base station means a station at a fixed location, other than a freestanding CMRS facility, that enables wireless communication between user equipment and a communications network, including any associated equipment such as, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. It includes a structure that currently supports or houses an antenna, transceiver, or other associated equipment that constitutes part of a base station. It may encompass such equipment in any technological configuration, including distributed antenna systems and small cells.

Bed and breakfast means a business providing rooms and use of bath facilities to tourists on a nightly basis, for compensation, which business is incidental to the use of the premises for residential purposes.

Boarding and rooming house means a building or portion thereof which is principally used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The compensation shall include compensation in money, services or other things of value.

Business office means a place of business where clerical or professional duties are performed.

Business support services means establishments engaged in the sale, rental or repair of equipment, services and supplies used by office, professional and service establishments to businesses rather than individuals; excluding however, automotive, construction and farm equipment. Typical uses include staffing, office space, printing and copying, among other uses.

Cargo container means a container designed and constructed to contain or carry freight, including semi-trailers without running gear, railroad car units and shipping containers. Cargo containers do not include mobile homes, manufactured homes, factory-built homes, travel trailers, commercial coaches or other metal storage boxes not built to International Standards Organization container specifications. For the purposes of this Article, a cargo container is considered an accessory structure.

CDOT means the Colorado Department of Transportation.

Child care center means a facility that is not a residence, is licensed by the state, and is maintained for the whole or part of a day for the care of children under the age of sixteen (16) years not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes pursuant to Section 26-6-102(1)(6), C.R.S.; including without limitation facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps and centers for developmentally disabled children, except that the term shall not apply to any kindergarten maintained in connection with a public, private or parochial elementary school system.

Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including but not limited to commercial motion picture houses or stage productions.

Commercial mobile radio service (CMRS) accessory equipment means equipment, including unmanned cabinets, used to protect and enable operation of radio switching equipment, back-up power and other devices, but not including antenna, that is necessary for the operation of a CMRS facility.

a.

Ground-mounted CMRS accessory equipment means equipment, including unmanned cabinets, located on or beneath the ground, used to protect and enable operation of radio switching equipment, back-up power and other devices, but not including antenna, that is necessary for the operation of a CMRS facility including base stations.

Commercial mobile radio service (CMRS) facility means an unmanned building or structure consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies.

a.

Building or structure-mounted CMRS facility means a CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face, but excluding roof-mounted facilities.

b.

Freestanding CMRS facility means a CMRS facility that consists of a stand-alone support facility or tower (monopole and/or lattice structure), antennae, and associated equipment.

c.

Roof-mounted CMRS facility means a CMRS facility in which antenna are mounted on an existing building roof.

d.

Small cell facility means a wireless service facility that meets both of the following qualifications:

1.

Each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and

2.

Primary equipment enclosures are not larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

e.

Small cell network means a collection of interrelated small cell facilities designed to deliver wireless service.

Density means the ratio of the number of dwelling units per gross acre of the entire development parcel.

Dependent mobile home means any mobile home that does not have a flush toilet and a bath or shower.

Drive-through business means any establishment, building or structure where service is provided to the customer from an automobile service window with access provided by a drive-through lane incorporated into the site design.

Dwelling means any building or portion thereof which is used as the private residence or sleeping place of one (1) or more human beings, but excluding hotels, motels, tourist courts, boarding houses, lodging houses, resort cabins, hospitals or similar uses.

Dwelling, multi-family means a building on one (1) lot containing three (3) or more dwelling units arranged either side by side or one (1) above the other.

Dwelling, single-family means a detached building designed exclusively for occupancy by one (1) family.

Dwelling, single-family attached means a residential building containing two (2) dwelling units arranged either side by side or one (1) above the other.

Dwelling unit means one (1) or more rooms in a dwelling designed for occupancy by one (1) family for living purposes and having not more than one (1) kitchen.

Dwelling unit, accessory means one (1) or more rooms in a dwelling designed for occupancy by one (1) family for living purposes, incidental and subordinate in size and character to the primary residence and having not more than one (1) kitchen.

Eligible telecommunications facility request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.

Family means one (1) or more persons occupying a single dwelling unit and maintaining a common household, but not including boarding or rooming houses, lodges, hotels, motels, tourist courts or similar uses.

Family child care home means a facility licensed by the state for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen (18) years who are not related to the head of such home; provided that:

a.

Care may be provided for up to six (6) children from birth to thirteen (13) years of age with no more than two (2) children under two (2) years of age. This does not prohibit the care of children with special needs ages thirteen (13) to eighteen (18);

b.

Care may also be provided for no more than two (2) additional children of school age attending full-day school. School-age children are children enrolled in a kindergarten program a year before they enter the first grade and children six (6) years of age and older; and

c.

Residents of the home under twelve (12) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity.

Farmer's market means a space and/or structure used primarily for the sale of foodstuffs by the grower.

FCC means the Federal Communications Commission.

Financial services institution means a facility engaged in deposit banking or extending credit in the form of loans.

Floor area means the area on each floor of a building included within the surrounding exterior walls.

Funeral home means a building used for the preparation of the deceased for burial or cremation, for the display of the deceased and/or for ceremonies or services related thereto, including cremation and the storage of caskets, funeral urns, funeral vehicle and other funeral supplies.

Garage means a building or portion of a principal building on the same lot that is used for the storage only of private, passenger motor vehicles.

Group home for the handicapped or disabled means a state-licensed home for eight (8) or fewer persons with mental or physical impairments which substantially limit one (1) or more major life activities and including such additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons. "Handicap" and "disability" have the same legal meaning. A person with a disability is any person who has a physical or mental impairment that substantially limits one (1) of more major life activities; has a record of such impairment; or is regarded as having such an impairment. A physical or mental impairment includes, but is not limited to, hearing, visual, and mobility impairments, alcoholism, drug addiction, mental illness, mental retardation, learning disability, head injury, chronic fatigue, HIV infection, AIDS, and AIDS related complex. The term "major life activity" may include seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, speaking, or working. Group homes for handicapped or disabled persons, particularly as they relate to recovering (not currently using) alcoholics and persons with drug addictions, may also be known as sober living arrangements.

Height means the vertical distance above a reference datum measured to the highest point of a flat roof or deck line of a mansard roof or the midpoint of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

a.

The point of the lowest preconstruction elevation on any building face. The owner shall have the burden of proving pre-construction elevation.

b.

The point of the lowest elevation of any building face.

c.

The elevation of the lowest point of an exposed foundation or a wall.

Home occupation means any business use which is conducted within a dwelling by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling, excluding therefrom such uses as a medical clinic, hospital, barber shop, beauty parlor, tea room, animal hospital, retail sales, repair services or any similar use generating more than occasional and minimal vehicular and pedestrian traffic.

Hospital means an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training and central services facilities and staff offices.

Hotel, motel, boarding or lodging house means a building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, and in which there are six (6) or more guest rooms.

Kennel means a facility licensed to house dogs, cats or other household pets overnight and/or where breeding, training and/or selling of animals is conducted as the primary business.

Kitchen means a room or portion of a room or structure used for the primary preparation and cooking of meals and which contains, at a minimum, a kitchen sink, refrigeration facility and cooking appliance.

Litter means all rubbish, waste material, refuse, garbage, trash, debris or other foreign substance, solid or liquid, of every form, size, kind and description.

Lot, used interchangeably with the term parcel, means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or possession or for building development. A piece of property which exists by virtue of a separate legal description or a separate deed, either of which has been recorded in the office of the County Clerk and Recorder.

Lot area means the number of square feet included within a lot, measured by multiplying the lot width by the lot depth. See figure below.

Lot coverage means the area of a lot covered by buildings, structures, drives, parking and other impervious surface areas. See figure below.

Lot line, front means the property line dividing a lot from a street. On a corner lot, only one (1) street line shall be considered a front line, and the shorter street frontage shall be considered the front line.

Lot line, rear means the line opposite the front lot line.

Lot line, side means any lot lines other than front lot lines or rear lot lines.

Lot width means the distance between side lot lines measured at the front lot line.

Manufactured home means a single-family dwelling which is partially or entirely manufactured in a factory; is not less than twenty-four (24) feet in width and thirty-six (36) feet in length; is installed on an engineered permanent perimeter foundation; has brick, wood, or cosmetically equivalent exterior siding and a pitched roof; conforms to the building code; and is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. Pre-sectionalized, modular or prefabricated housing which does not meet this definition is considered a mobile home.

Manufacturing, fabrication and assembly operations means a manufacturing establishment primarily engaged in the fabrication or assembly of products from pre-structured materials or components. Because of the nature of its operations and products, little or no noise, odor, vibration, glare and/or air and water pollution is produced and, therefore, there is minimal impact on surrounding properties.

Medical and dental clinics means an establishment operated by one (1) or more duly licensed members of the human health care professions, including but not limited to physicians, dentists, chiropractors, psychiatrists and osteopaths, where patients are not lodged overnight but are admitted for examination and/or treatment.

Microbrewery means an establishment that makes its own beer and sells at least fifty percent (50%) on the premises.

Mixed-use building means a building designed, planned and constructed as a unit, used partially for residential use and partly for commercial uses, including but not limited to office, retail, public uses, personal services or entertainment uses.

Mobile home means any dwelling unit containing a kitchen, bath and sleeping quarters designed to be moved upon wheels, and designed to be affixed to an axle, which is a part thereof, whether such axle is in place or has been removed. Any such unit which is permanently or semi-permanently attached to a foundation and connected to water and sewer mains does not lose its identity as a mobile home by reason thereof. This classification includes trailers, house trailers, trailer coaches and mobile homes. A mobile home meeting the building code and placed on a permanent foundation is regulated under this Chapter in the same manner as a conventional home.

Mobile home park means any parcel of land or lot used or designed to accommodate two (2) or more mobile homes, dependent mobile homes, travel trailers or truck campers.

Motel or hotel means a building designed for occupancy as the temporary abiding place (thirty (30) days or less) of individuals who are lodged with or without meals, and with such building having six (6) or more guest rooms.

Motor vehicle service and repair facility means any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and/or automotive maintenance activities may be conducted.

Nonconforming means failing to meet all of the requirements of this Chapter.

Office means a building or tenant space for the conduct of general business activities and transactions, where storage, sale or display of manufactured goods on the premises is not allowed.

Open space, designated means any interest in real property owned by the Town which, whether acquired by purchase, donation, condemnation or any other means, has been dedicated by ordinance as designated open space.

Open space, required means land which is free of any structures (except those permitted below) and conveyed to a homeowners association in accordance with Article 3 of this Chapter. The following areas qualify for meeting the open space requirement in a development:

a.

Landscaping areas, strips, planters, gardens, etc., with a minimum dimension in any direction of five (5) feet, and a minimum overall size of fifty (50) square feet.

b.

Natural areas, such as stream channels or steep slopes.

c.

Outdoor recreational facilities, including on-grade plazas, swimming pools, hot tubs, tennis courts, playfields, golf courses, trails, sidewalks, disabled ramps, picnic areas, access corridors to public lands, and all other similar outdoor areas.

d.

Uncovered decks and patios.

e.

One-story detached accessory buildings not requiring a building permit.

The following areas do not qualify for meeting the open space requirement in a development:

a.

Driveways, parking, and loading areas.

b.

Any areas covered with a structure.

c.

Stairways.

d.

Any areas that do not meet the minimum dimensions listed above.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

Party wall means a wall separating and common to two (2) dwelling units or building units.

Recreation area means an area of usable land at least six thousand (6,000) square feet in area which is planted in suitable vegetative growth and/or so designed and maintained so as to provide recreation facilities for children and adults.

Row house means three (3) or more dwelling units, each with its own outside entrance, which are joined by a common party wall and are on adjoining individual lots. Also termed a townhome.

School, private means a preschool, elementary, secondary, post-secondary, vocational or technical school that is established, conducted and primarily supported by a nongovernmental agency.

School, public means a tax-supported school that is controlled and operated by a School District and/or taxing district (i.e., Jr. College District, Board of Regents, etc.).

Setback means the required minimum distance between the lot line and the closest projection of a building or structure, measured at a right angle to the lot line. Where angled buildings, lots or curved streets exist, the setback may be taken as an average distance. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in this Article. See figure below.

Setback, front yard means a setback that extends across the full width of a lot or site, the depth of which is the distance between the front lot or property line and the closest projection of a building or structure along a line at right angles to the front lot line, excluding allowable projections set forth in this Article.

Setback, rear yard means a setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the closest projection of a building or structure along a line at right angles to the rear lot line, excluding allowable projections set forth in this Article.

Setback, side yard means a setback that extends from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the width of which is the distance between the side lot or property line and a line parallel thereto on the site.

Stable means any building, structure or shed, whether or not entirely or partially enclosed by a roof and/or walls, in which animals are kept. Stables must meet State of Colorado regulations regarding animal husbandry.

Substantial change means a modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure:

a.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the federal Spectrum Act, effective February 22, 2012;

b.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

c.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

d.

It entails any excavation or deployment outside the current site;

e.

It would defeat the concealment elements of the eligible support structure; or

f.

It does not comply with conditions associated with the original siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in Paragraphs a. through f. of this definition.

Timeshare or interval ownership unit means single-family or multi-family dwelling, condominium or townhouse units that have been further subdivided into a stated number of additional interests in the unit, defined by the period of time during which the owner of the share may occupy it. Shares may be of two (2) types: first, fee timeshares or interval estates, wherein diverse owners each own a present estate for years terminating on a date certain coupled with a future remainder interest in the unit as a tenant in common with the other diverse owners; second, time span estates operating on a tenancy in common principle coupled with an exclusive right to use and occupy the unit during a fixed annual recurring period of time. For purposes of this Chapter, a timeshare or interval ownership unit is not considered a short-term rental as defined in Section 6-8-20 of this Code.

Tower means any freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more FCC-licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure.

Tower height (average) means, when referring to a tower, the distance measured from the average ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Transit facility means a meeting point of several routes or lines or of different modes of transportation. It is located on or off the street and is designed to handle the movement of transit units (vehicles or trains) and the boarding, alighting and transferring of passengers between routes, lines or different modes.

Travel trailer means any vehicle or similar portable structure designed without a foundation other than wheels, jacks or skirts, and so designed or constructed as to permit occupancy for living or sleeping purposes, provided that any such structure over thirty-three (33) feet in total length, including hitch and bumper, shall be considered a mobile home for purposes of this Article.

Truck camper means a portable structure designed primarily to be transported on a truck or other similar vehicle, and so designed or constructed as to permit occupancy for living or sleeping purposes.

Use means the purpose for which any land, structure or building is designed, maintained or occupied.

a.

Principal use means the main use of land or of a structure as distinguished from a temporary or accessory use.

b.

Temporary and/or seasonal use means a use which is permitted only for a limited duration.

c.

Accessory use means a use customarily associated with, but subordinate to, the principal use on the same lot.

Wholesale trade means an establishment primarily engaged in selling durable and nondurable goods to retailers, to industrial, commercial, institutional, farm, building trade contractors or professional business uses or to other wholesalers. Activities may include physically assembling, sorting and grading goods into large lots and breaking bulk for redistribution in smaller lots in such a way as to have a minimal impact on surrounding properties.

Workshop and custom small industry means a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects or other similar uses.

Yard means the space surrounding a building or structure that is unoccupied and open to the sky.

Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of a building or structure, except in those cases involving curved or angular lots, in which case the average shall be used as provided for herein.

Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of a building or structure.

Yard, side means a yard extending from the front yard to the rear yard between the side lot lines and the nearest point or points of a building or structure.

Zero lot line means a development that has no side yard setback on one (1) side of a lot.

Zipper lot means a lot where the rear lot line jogs back to vary the depth of the rear yard to provide for a larger side yard. See figure below.

(Ord. 452 ยง1(Exh. A), 2018)