The following definitions shall apply for the interpretation of this chapter. The dictionary definition will apply to all words not defined in this section.
ACCESSORYAn activity or structure that is customarily associated with and is appropriately incidental and subordinate to an existing established principal activity and/or structure and located on the same lot, except as provided for under the provisions of accessory off-street parking.
AGRICULTURAL USEAny activity or structure that is customarily associated with and is appropriately incidental and subordinate to the cultivation, breeding or maintenance of hay, grasses and other feed products, forest products, horses, cattle, sheep, goats and poultry and greenhouses.
ALLEYA public way intended to provide only secondary vehicular access to abutting properties.
AUTOMOBILE GRAVEYARDAny lot or place which is exposed to the weather upon which more than five unlicensed motor vehicles of any kind, incapable of being operated, are placed.
AUTOMOTIVE SERVICEEstablishments with the primary purpose of cleaning or repairing motor vehicles.
BASEMENTThe bottom floor of a building which is more than 12 inches, but not more than 1/2 of its height, below the average level of the adjoining ground [as distinguished from a "cellar," which is more than 1/2 below such level].
BOARDINGHOUSEA house where lodging is provided for compensation on either a weekly or monthly basis, which may or may not include sleeping rooms, meals and bath facilities.
BUILDINGA structure, either temporary or permanent, having a roof or other covering and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for the purposes of a "building."
BUILDING HEIGHTThe vertical distance from grade plane to the average height of the highest roof surface.
[Amended 9-10-2007]
BULKThe size of buildings or other structures and their relationship to each other, to open areas and to lot lines, therefore including:
A. The size, including the height and floor area, of buildings or other structures, and which may be expressed as percent of lot coverage.
B. The area of the lot upon which a residential building is located, and the number of dwelling units within each building in relation to the area of the lot.
C. The location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building or to other structures.
D. All open areas relating to buildings or other structures and their relationship thereto.
CELLARThe bottom floor of a building which is more than 12 inches and has more than 1/2 its height below the average level of the adjoining ground.
CLINICAn establishment where persons are given medical, dental or surgical treatment by one but not more than four physicians or dentists, with no patients lodged overnight.
COMMUNICATION TOWERA tower of any type which supports or is intended to support communication (broadcast and/or receiving) equipment and accessory equipment utilized by commercial, governmental or other public and quasi-public users, not to include home use of radio and television antennas and support structures, satellite dishes or antennas and support structures, satellite dishes or antennas and support structures of amateur radio operators licensed by the Federal Communications Commission. A communication tower includes any structure greater than 50 feet in height that is designed and constructed primarily for the purpose of supporting one or more antennae, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. When all or a portion of the tower is supported by guy wires, such wires and their anchors shall be considered a part of the tower for purposes of measuring setbacks and separations from adjacent uses.
[Added 2-12-2008]
CONDITIONAL USE OR SPECIAL PERMIT USEA use that would not be appropriate generally or without restriction throughout the district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.
CONVENIENCE SALES AND SERVICESAny neighborhood retail establishment which caters to the everyday needs of the adjoining residential areas, such as small country stores offering a variety of goods or services, not to exceed 2,500 square feet in floor area.
DEVELOPED RECREATION SPACEThat portion or the open space within the boundaries of a planned unit development which is improved for recreational purposes. Such improvements may include but shall not be limited to pedestrian ways and bicycle paths, play lots and playgrounds, tennis courts and swimming and boating areas. All open space, including development open space, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures; the placement of mobile homes; streets; and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations.
DWELLING, MOBILE HOME (SINGLE-WIDE)A detached, single-family dwelling or commercial unit with a permanent steel chassis possessing all of the following characteristics:
A. Designed for long-term occupancy and containing a flush toilet, with plumbing and electrical connections provided for the attachment to outside systems.
B. Designed to be transported after fabrication on its own wheels.
C. Having a United States Department of Housing Inspection Seal or Code.
D. Arriving at the site where it is to be occupied as a complete unit ready for occupancy except for minor and incidental unpacking and assembly operations, the location of foundation supports, connections to utilities and the like.
DWELLING, MODULAR HOMEA single-family dwelling unit that is constructed basically as a conventionally built wood frame house, except that it is built at a factory and is transported to the site on which it will be permanently located. The modular home may not have a permanent steel chassis and may have either a Department of Housing and Urban Development or Basic Building Code Seal.
DWELLING, MULTIFAMILYA building containing three or more dwelling units. The term includes cooperative apartments, condominiums and the like.
DWELLING, OTHERA dwelling unit located within a structure in which the principal activity is a commercial, professional or general personal service activity.
DWELLING UNITA room or rooms connected together, constituting a separate independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units and containing independent cooking and sleeping and bathing facilities.
FAMILYAn individual or a group of two or more persons related by blood, marriage or adoption, together with not more than three additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit.
FLOODA general and temporary inundation of normally dry land areas. A one-hundred-year flood is a flood that, on the average, is likely to occur once every 100 years (i.e., that has one-percent chance of occurring each year, although the flood may occur in any year).
FLOODWAYThe area within a floodplain which is necessary for the passage of floodwaters, in which no structure may be built.
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream or watercourse, which is subject to partial or complete inundation.
B. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOR AREAThe total of the gross areas of all floors, including usable basements and cellars, below the roof and within the outer surface of the main walls of principal or accessory buildings or the center lines of party walls separating such buildings or portions thereof, but excluding the following:
A. Areas used for off-street parking spaces or loading berths, driveways and maneuvering aisles relating thereto required in this chapter.
B. In the case of nonresidential facilities, arcades, porticoes and similar open areas which are located at or near the street level, which are accessible to the general public and which are not designed or used as sales, display, storage, service or production areas.
GENERAL PERSONAL SERVICEAny establishment not involved in the transaction of goods which caters to the needs of individuals, not including massage parlors.
HOME OCCUPATIONThe accessory use of a dwelling unit for limited occupational purposes. The use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof (detailed requirements in §
160-156)
[Amended 1-14-2002]
HOSPITALAn institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanatoriums.
INCIDENTAL ALTERATIONSA. Changes or replacements in the nonstructural parts of a building or other structure, without limitation to the following examples:
(1) The alteration of interior partitions to improve livability in a nonconforming residential building, provided that no additional dwelling units are created.
(2) A minor addition to the exterior of a residential building, such as an open porch.
(3) Alterations of interior non-load-bearing partitions in all other types of buildings or other structures.
(4) The replacement of, or minor changes in the capacity of, utility pipes, ducts or conduits.
B. Changes or replacements in the structural parts of a building or other structure, limited to the following examples or others of similar character or extent:
(1) Making windows or doors in exterior walls.
(2) The replacement of building facades having non-load-bearing capacity.
(3) Strengthening the floor load-bearing capacity in not more than 10% of the total floor area, to permit the accommodation of specialized machinery or equipment.
JUNKYARDThe use of any area of land for the location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. This term includes the term "automobile graveyard."
KENNELA place prepared to house, board, breed, handle or otherwise keep or care for dogs, cats or other small animals for sale or in return for compensation.
LANDSCAPINGThe planting and maintenance of trees, shrubs, lawns and other ground cover or materials, provided that terraces, fountains, retaining walls, street furniture, sculptures or other art objects and similar accessory features may be included as landscaping if integrally designed.
LIBRARYA building primarily used to store and allow access to books, films, maps and other educational material.
LOTA parcel of land of at least a sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other spaces as required by this chapter. A "lot" shall have frontage on an approved public street and shall either be shown on a plat of record or be considered as a unit property described by metes and bounds.
LOT COVERAGEThat portion of a lot which, when viewed directly from above, would be covered by a building or any part of a building.
LOT FRONTAGEThe "front of a lot" shall be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered "frontage," and yards shall be provided as indicated in this chapter.
LOT LINEA line marking the boundary of a lot.
LOT OF RECORDA lot which is a part of a subdivision recorded in the Clerk's office of the Circuit Court, or a lot whose existence, location and dimensions have been legally recorded or registered in a deed prior to the enactment of this chapter.
MANUFACTURINGThe following list is a general list and is not meant to be all-inclusive. Other activities may be classified as "manufacturing" upon approval of the Planning Commission.
A. The assembly of electrical appliances, electronic instruments and devices, radios and phonographs; also, the manufacture of small parts, such as coils, condensers, transformers and crystal holders.
B. Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning and body- and fender work and truck repairing or overhauling.
C. A blacksmith shop and a welding or machine shop, excluding punch presses exceeding a forty-ton rated capacity and drop hammers.
D. Laboratories, pharmaceutical or medical.
E. The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.
F. The manufacture, compounding, assembling or treatment of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, metal, paper, plastic, precious or semiprecious metals or stones, rubber, shell, straw, textiles, wood, yarn and paint.
G. The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired by electricity or gas or other environmentally safe energy.
H. The manufacture of cabinets and furniture and upholstery shops.
L. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers and other facilities for the provision and maintenance of public utilities, including railroads and facilities and water and sewerage installations.
MOBILE HOME PARKAn area where 10 or more mobile homes or trailers can be and are intended to be parked, designed or intended to be used as temporary or permanent living facilities for two or more families.
MOBILE HOME SPACEA plot of ground within a mobile home park designed to accommodate one mobile home, and which has water, sewer and electricity available at the space.
MOBILE HOME STANDThat part of an individual mobile home space which has been reserved for the placement of the mobile home.
NONCONFORMINGAny lawful building or other structure which does not comply with any one or more of the applicable bulk regulations or any lawful use which does not comply with any part or any one or more of the applicable regulations pertaining to principal permitted, conditional or accessory uses permitted in the district in which use is located; sign regulations; or accessory off-street parking and loading requirements, either on the effective date of this chapter or as a result of any subsequent amendment.
OPEN SPACEThe total area of land, water or land and water within the boundaries of a planned unit development designed and intended for use and enjoyment as open areas and not improved with a building, structure, street, road or parking area, except for recreational structures. Said "open space" shall not include side yards between buildings and yards located between buildings and parking areas. "Open space" includes developed recreation space and shall be accessible and available to all occupants of dwelling units for whose use the space is intended.
PLACE OF WORSHIPA structure or location where services or rites are held showing reverence for a deity.
PRINCIPAL ACTIVITYAn activity which fulfills a primary function of an establishment, institution, household or other entity.
PROFESSION (PROFESSIONAL OFFICE)Limited to physicians and surgeons, lawyers, members of the clergy, architects, engineers or other persons holding advanced degrees. The term is not intended to include insurance agents, insurance adjusters, realtors, photo studios, beauty parlors, barbershops, dance schools, business schools or any persons engaged in sales or trade.
RECREATIONAL EQUIPMENT, MAJORIncludes boats and boat trailers, travel trailers, tent trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings and the like.
REQUIRED YARDThat portion of a lot that is required by the specific district regulation to be open from the ground to the sky and may contain only explicitly listed obstructions.
RESIDENCEA building or part of a building containing one or more dwelling units or rooming units, including single-family or two-family houses, multiple dwellings, boarding- or rooming houses or apartment hotels. However, "residences" do not include:
A. Such transient accommodations as hotels, motels, tourist homes or similar establishments.
B. Dormitories, fraternity or sorority houses, monasteries, convents or similar establishments containing group living or sleeping accommodations.
C. Nursing or rest homes or other sleeping or living accommodations in community facility buildings or portions of buildings used for community facilities.
D. That part of a mixed building used for any nonresidential purposes, except where such are uses accessory to residential uses.
RESTAURANTAn establishment where food is ordered, prepared and served for pay.
RETAIL STORES AND SHOPSBuildings for the display and retail sale of merchandise or for the rendering of personal services (but specifically exclusive of coal, wood- and lumber yards), such as the following examples: drugstores, newsstands, food stores, candy shops, dry goods and notions stores, antique stores and gift shops, hardware stores, household appliance stores, furniture stores, optician, music or radio stores, tailor shops, bakery shops and beauty shops.
SETBACK LINEA line running parallel to the street which establishes the minimum distance the principal building must be set back from the street line.
SIGNThe existing City's Sign Ordinance is hereby incorporated by reference.
SMALL CELL FACILITY[Added 2-12-2018]A. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six 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 six cubic feet; and
(2) All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission.
B. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services.
STORYA portion of a building between the surface of any floor and the surface of the floor next above it or, if there is not a floor above it, the space between such floor and the ceiling next above it, provided that the following shall not be deemed a "story":
A. A basement or cellar if the finished floor level directly above it is not more than six feet above the average adjoining elevation of the finished grade.
B. An attic or similar space under a gable, hip or gambrel roof, the wall plates or any exterior walls of which are not more than two feet above the floor of such space.
STREETA publicly maintained right-of-way, other than an alley, which affords a primary means of access to an abutting property. The word "street" shall include the words "road," "highway" and "thoroughfare."
STREET LINEThe property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the location of the property line is questioned, the edge of the sidewalk farthest from the traveled street shall be considered as the "street line."
STRUCTUREAnything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground. This includes but is not limited to buildings, towers, smokestacks, television satellites and overhead transmission lines.
TRANSIENT LODGINGSA building or a group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental to transients, with a daily charge.
TRAVEL TRAILERA travel trailer, pickup camper, converted bus, tent-trailer, tent or similar device used for temporary portable housing, or a unit which:
A. Can operate independent of connections to external sewer, water and electrical systems;
B. Contains water storage facilities and may contain a lavatory, kitchen sink and/or bath facilities; and/or
C. Is identified by the manufacturer as a "travel trailer" and/or is designed as a "travel trailer."
USEThe purpose for which land or water or a structure therein is designed, arranged and intended to be occupied or utilized or for which it is occupied or maintained.
USE AND OCCUPANCY PERMITA written permit issued by the Zoning Administrator required before occupying or commencing to use any building or other structure or any lot.
USE, PUBLICAny use that is under the control of a unit of a general purpose government or governmental agency.
USE, RECREATIONAny use of land or water and facilities provided for the enjoyment of the general public.
UTILITY FACILITIESAny structure involved in the transport of electricity, water, sewage or broadcasting.
VARIANCEA reasonable deviation from those provisions regulating the size or area of a lot or parcel of land or the size, area, bulk or location of a building or structure when the strict application of the chapter would result in unnecessary or unreasonable hardship to the property owner and such need for a variance would not be shared generally by other properties, provided that such variance is not contrary to the intended spirit and purpose of this chapter and would result in substantial justice being done.
WHOLESALE SALESAny establishment involved with the sale of merchandise to retail establishments.
YARDAn open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this chapter. The measurement of a "yard" shall be construed as the minimum horizontal distance between the lot lines and any part of the building, such as the roof overhang.
YARD, FRONTA yard extending along the full length of a front lot line. In the case of a corner lot, a yard of at least the full depth required for a "front yard" in these regulations and extending along the full length of a street line shall be considered a "front yard." At least two such yards shall be designed for each corner lot and at least one such yard shall be designated for each through lot.
YARD LOCATIONS OF ACCESSORY USESAn accessory use may be located in a side or rear yard if setback standards are met. A swimming pool located at below-grade level may extend to the zero rear or side yard line.
YARD, REARA yard extending for the full length of a rear lot line.
YARD, SIDEA yard extending along a side lot line from the required front yard to the required rear yard. In the case of a corner lot, any yard which abuts a street line and which is not designated a front yard shall be considered a "side yard." In the case of a through lot, "side yards" shall extend between the required front yards.
ZONING PERMITA written permit issued by the Zoning Administrator which is required before commencing any construction, reconstruction or alteration of any building or other structure or before establishing, extending or changing any activity or use on any lot.