For the purpose of this chapter, certain terms used herein shall have the meanings defined by this article. In the event a term is not listed in this article or is not defined elsewhere in this chapter, the conventional meaning of the term shall apply.

(Ord. No. 2013-02, § 2.1, 3-4-2013)

The building official is authorized to make a final determination of the meaning of any term used in this chapter. In the case of any dispute, an appeal of the building official's determination may be filed with the ZBA.

(Ord. No. 2013-02, § 2.2, 3-4-2013)

In the interpretation of this chapter, the provisions and rules of this section shall be observed and applied except when the context clearly indicates otherwise.

(1)

Words used or defined in one tense or form shall include other tenses and derivative forms.

(2)

Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

(3)

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

(4)

The term "shall" is mandatory, and the term "may" is permissive.

(5)

The term "person" includes an individual, firm, association, organization, partnership, trust, company or corporation.

(Ord. No. 2013-02, § 2.3, 3-4-2013)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned motor vehicle. See Vehicle, abandoned.

Abut, adjacent, adjoin or contiguous means to physically touch or border upon or to share a common border with, or be separated from the common border by, an easement or street; having zoning district boundaries or lot lines in common or to share a common border separated by a public easement or street.

Access means a way or means of approach to provide physical entrance to a property.

Access management means the process of providing and managing vehicular access from public streets to private development while preserving traffic flow, safety, capacity, and speed.

Accessory dwelling unit (ADU) means an independent living unit added to, created within, or detached from the primary single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation. The ADU is incidental and subordinate in size and use to the principal dwelling. (Refer to section 111-255.)

Accessory structure or building means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use and constructed after or concurrently with the principal structure. Examples include, but are not limited to, barns, detached private garages, storage sheds, detached carports, swimming pools, pool houses, greenhouses, gazebos.

Accessory use means a use of land or of a building or portion thereof commonly associated with and integrally related to the principal use of the land or building on the same lot.

Addition means a structure added to the original structure at some time after completion of, or after a certificate of occupancy has been issued for, the original structure. An addition which is attached to a principal structure is considered part of the principal structure, not an accessory structure. The term "attached," for the purpose of this definition, means that the addition is integrated visually, structurally and architecturally with the principal structure, contains a common roof with similar design to the principal structure, and permits access between the principal structure and the addition.

Adult means any person age 19 years or older.

Adult bookstore or adult retail establishment means an establishment deriving a majority of its gross income from the sale or rental of, or having a substantial portion of its stock in, media or other items that constitute adult materials and which are characterized by their emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas; or an establishment that sells or displays other adult-oriented materials or merchandise; or an establishment with a segment or section devoted to the sale, rental or display of such material.

Adult entertainment establishment means an establishment whose principal business purpose is for adult-only entertainment, amusement or recreation, such as a nightclub, bar, restaurant, adult theater, or similar establishment that frequently features live performances characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas for observation by patrons.

Adult theater means an establishment used for presenting motion pictures, films, digital presentations, theatrical productions or material characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. Such establishment may also include an adult bookstore or adult retail establishment.

Airport means a place where aircraft can land and take off. Such use may include terminals, hangers, refueling and repair facilities, passenger accommodations and other integrally related facilities.

Alley means a service way to the side or rear of abutting property providing a means of access to abutting property and not intended for general traffic circulation.

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

Alternative financial service means a check-cashing business, payday advance or loan business, money transfer business, car title loan business, title pawn business, pawn shop or any other similar businesses engaged in non-traditional short-term lending.

Animal hospital means a facility where small household pets are given medical and surgical treatment and in which short-term boarding of pets (within an enclosed building) may be provided.

Animal shelter means a facility operated for the purposes of impounding, harboring, selling, placing and retrieving seized, strayed, distressed, homeless, abandoned or unwanted small domestic animals. Animal shelters may include incidental activities including vaccination, training classes, spay/neuter services, and boarding services.

Applicant means an entity filing an application in compliance with this chapter who is:

(1)

The owner or lessee of the property that is the subject of the application;

(2)

A party who has contracted to purchase the subject property and who presents written authorization from the property owner to file the application; or

(3)

The agent of either of the above who presents written authorization from the property owner to file the application.

Arcade, adult amusement, means any establishment wherein there is located one or more devices that depict specified sexual activities or the exposure of specified anatomical areas, or legal devices which may be used for gambling, including those that dispense or otherwise reward a person with money or anything of value other than the right to replay such device. This does not include activity prohibited by city or state law.

Arcade, amusement, means a business establishment providing five or more coin-operated arcade games for patron use on the premises. This does not include activity prohibited by city or state law or adult amusement arcades.

Arcade game means a coin-operated game usually played in amusement arcades, such as pinball or video games, requiring hand-eye coordination or skill to play. This does not include activity prohibited by city or state law.

Assisted living facility. See Domiciliary care facility.

Bakery, major, means an establishment that bakes goods primarily for wholesale and/or retail which may include storage and distribution facilities.

Bakery, minor, means an establishment that bakes goods solely for on-premises retail sale.

Bank or financial service means a business engaged in providing banking or financial services to the general public, such as a bank, savings and loan institution, credit union, finance company and similar uses. This does not include alternative financial services.

Basement means a portion of a building located wholly or partially underground, having one-half or more of its floor-to-ceiling height above the average grade of the adjoining ground.

Bed and breakfast means an owner-occupied single-family dwelling that contains guestrooms which, for a fee, may be occupied by a guest in accordance with section 111-253.

Bedroom means a room marketed, designed or otherwise intended to function primarily for sleeping.

Berm means a grass-covered or landscaped mound of earth with a slope of one-third or greater on both sides of the mound and used to screen activities of uses.

Billiard parlor means a place of business containing three or more billiard tables or similar game tables. This does not include an amusement arcade.

Block means a tract or parcel of land entirely surrounded by public streets other than alleys or a combination of streets, public land, railroad rights-of-way, bodies of water or watercourses, or any barrier to the continuity of development.

Block frontage means all the property fronting on one side of a street between intersecting streets.

Boarder means an individual, other than a member of a family, occupying the dwelling unit or part thereof, who, for compensation, is furnished sleeping accommodations and may be furnished meals and other services.

Boardinghouse means a single-family dwelling or part thereof in which, for compensation, lodging is provided on a weekly or monthly basis for boarders who occupy single rooms and share kitchens, bathrooms and common areas and who may also be provided meals. A boardinghouse is occupied and managed by the owner. Individual accommodations are not served by separate electric power meters. See also Boarder.

Buffer means open spaces, landscaped areas, walls, berms, or any combination thereof used to physically separate one use from another to visually shield or block noise, lights, or other nuisances.

Buildable area means the area of a lot remaining after required yard, open space, and buffer requirements have been met.

Building means a structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, family, process, equipment, goods, or materials of any kind.

Building height means the vertical distance measured from grade level at the front of the building to the highest point of the parapet for flat roofs, to the deck level for mansard roofs, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.

Building line or building setback line means a line generally parallel to the street right-of-way line at a distance equal to the depth of the required front yard or touching that part of a building closest to the street.

Building spacing means the minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and eaves.

Building, principal. See Principal building.

Business office for contractors, including minor fabrication, means a place where the primary use is a business office for a building contractor (including electrical, plumbing, heating and air conditioning, painters and similar contractors) where the administrative or clerical affairs are conducted, but which may, upon approval, include some minor fabrication as an accessory use when the fabricated products are integral to the contractor's business. For the purposes of this definition, the term "minor fabrication" means the processing, fabrication, assembly, treatment and packaging of finished products or parts from previously prepared materials and the incidental storage, sale and distribution of such products.

Business office or professional office means a place where the administrative or clerical affairs of a business or industry are conducted, such as accounting, bookkeeping, secretarial services, research, editing, administration or analysis, technical or academic consulting; and sales by phone or data transmission; or the office of a member of a recognized professional maintained for the conduct of that profession. Business and professional offices may include incidental storage related to the business but do not involve manufacturing, fabrication, production, processing, assembly, cleaning, testing or repair of materials, goods and products unless otherwise provided for in this chapter.

Business support service means a place of business which supplies support services primarily to business or professional offices or services, such as photocopy, office equipment, supplies and services, cleaning services, computer and office equipment repair and similar services.

Campground means a premises planned, as a whole, for seasonal recreation or vacation uses, including tent campsites, recreational vehicle sites, vacation cottages, recreational facilities, eating facilities (such as picnic tables and/or outdoor grills) and bathrooms, and may also include a facility which provides for the sale of personal items and gifts.

Car wash means a commercial establishment engaged in automated or manual washing or cleaning of automobiles and light vehicles.

Carport means a roofed structure providing space for the parking or storage of motor vehicles either unenclosed or enclosed on not more than three sides.

Casualty means an event, including a natural disaster or other act of God which is sudden, unexpected, and unusual, such as a hurricane, earthquake, fire, war, terrorism, flood, accident, vandalism, theft, or similar event that causes injury, death, or loss or damage to property or improvements. See also Natural disaster or other act of God.

Cemetery means human burial grounds.

Cemetery, pet, means burial grounds for small domestic animals.

Certificate of occupancy means authorization by the city to use or occupy a property upon completion of construction, change or conversion of a structure, which certifies that zoning, building code and other applicable requirements have been met.

Check-cashing, payday advance center means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders or other commercial paper serving a similar purpose for a fee or advancing funds on future checks. This does not include banks or similar financial institutions, or retail stores or other establishments selling consumer goods that incidentally charge a fee to cash checks or money orders as a service to customers. See also Alternative financial service.

Child means any person age 18 years or under.

Children's indoor play facility means a business consisting of indoor recreation facilities used for children's parties, whether private or not, and other similar children's functions and containing limited cooking facilities as would be needed to warm pre-prepared food. This does not include amusement arcades.

City means the City of Gardendale, Alabama.

City building code means the codes adopted by the city, and as may be amended from time to time by the council, which governs the design and construction of buildings and structures, including, but not limited to, building, fire, plumbing and electrical codes.

City engineer means that engineer, whether on staff or contract, so designated by the city council, or his designee.

Clinic means a facility providing medical, psychiatric or surgical services for sick or injured persons exclusively on an out-patient basis.

Club or fraternal organization means a group of people organized for a common purpose to pursue common goals, interests and activities, and usually characterized by certain membership qualifications, payment of fees or dues, which holds regular meetings and has a constitution or by-laws.

Commercial parking means parking of motor vehicles on a temporary basis within a commercially operated, off-street parking lot or garage.

Commercial school. See School, commercial.

Common open space means land area within a development that is held in common ownership and maintained by the developer or by a property owner's association for all of the owners and/or residents for recreation, protection of natural land features, amenities or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this chapter and by covenant to ensure that it remains in such uses. Common open space may include surface water bodies (i.e., rivers, streams, lakes or ponds) unless otherwise specified. Common open space does not include land occupied by buildings, common driveways, parking areas or street rights-of-way.

Community center or civic center. See Place of assembly.

Comprehensive plan means the duly adopted comprehensive plan of the city and any similarly adopted sector or area-specific plans.

Conditional use means a use permitted in a particular zoning district when it is shown that such use in the specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter and authorized by the commission.

Condominium means a building or group of buildings in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

Construction plan means any drawing used for the construction of on-site or off-site improvements. Construction plans may include, but are not limited to, site plans, subdivision site plans, single lot development plans, grading plans, drainage plans, profiles and cross sections.

Construction-related activities means temporary activities that typically accompany and support work at a development or construction site. These may include construction offices, indoor and outdoor storage, fencing, portable toilets and parking.

Construction service means a place of business engaged in construction activities and incidental storage, as well as wholesaling of building materials. such as a building contractor, trade contractor or wholesale building supply store. This does not include a home improvement center.

Convenience store means a retail establishment selling primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited number of freshly prepared foods, such as sandwiches and salads for off-premises consumption. A convenience store that also sells vehicle fuel is considered a gas station.

Council or city council means the city council of the City of Gardendale, Alabama.

Country club means land or buildings containing recreational facilities and a club house for private club members and their guests.

Covenant means a restriction upon the use of a property placed in a deed running with the land and enforced by private landowners or property owners' associations.

Cul-de-sac means a dead-end street terminated by a vehicular turnaround.

Day care center means a licensed facility, that is not a dwelling, providing day care on a regular basis to more than six children, elderly, handicapped or infirmed persons who do not stay overnight at the facility. The term 'day care center" does not include: programs operated as part of public or private schools; programs operated on federal governmental premises; and special activities programs, such as athletics, crafts, and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations.

Day care home means a single-family dwelling in which a permanent adult occupant thereof provides care for up to six children for part of the day and which is duly licensed to operate as a day care home. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults, and do not reside on the site. Day care homes are regulated separately from home occupations.

Day care home, group, means a single-family dwelling in which a permanent adult occupant thereof provides care for at least seven, but no more than 12, children for care during part of the day, which is duly licensed as a group day care home and where at least two adults are present and supervising the activities conducted therein. Group day care homes do not include group care homes and are regulated separately from home occupations.

Deck means an elevated, unenclosed structure constructed for use as an outdoor living area.

Density means the lot area per dwelling unit or the number of dwelling units per acre of site area.

Developer means the legal or beneficial owner of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such lands.

Development means the construction, reconstruction, remodeling, conversion, structural alteration, relocation, enlargement or demolition of any structure, portion of a structure, or sign; any change in use of a property or structure; any material change in the appearance of any structure; any increase in the number of dwelling units, businesses, manufacturing establishments, or offices; any mining, excavation, filling, drilling, grading, paving or land disturbance; and any land subdivision.

Domiciliary care facility means a licensed facility whose purpose is to furnish room, meals, laundry, personal care and other non-medical services for ambulatory adults. This kind of care implies sheltered protection and a supervised environment for persons who, because of age or disabilities, are incapable of living independently in their own homes or in a commercial room and board situation, yet who do not require the medical and nursing services provided by a nursing care facility. In these facilities, there might be available, temporarily and incidentally, the same type of limited medical attention that an individual would receive if living at home. A domiciliary care facility is also commonly referred to as an assisted living facility.

Drive-through facility means premises used to provide or dispense products or services, through an attendant or a window or an automated machine, to persons remaining in vehicles. A drive-through facility may be in combination with other uses, such as a financial institution, personal services establishment, or restaurant. This does not include a vehicle washing establishment or vehicle fuel station.

Driveway means a private way providing vehicular access between a street and an off-street parking, circulation, or loading area.

Duplex means a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.

Dwelling, garden home, means a detached, single-family dwelling designed on a small lot in accordance with the requirements of the RG district.

Dwelling, multifamily, means a building containing three or more attached dwelling units on a commonly shared lot.

Dwelling, single-family attached, means a single-family dwelling with ground floor outside access, attached to two or more single-family dwellings by common vertical walls without openings.

Dwelling, single-family detached, means a building containing one dwelling unit and that is not attached to any other dwelling by any means.

Dwelling unit means a building or portion thereof providing complete, independent living facilities for a single family, including provisions for living, sleeping, eating, and sanitation.

Easement means authorization by a property owner of the use of a designated part of his property by another for a specified purpose.

Engineer or professional engineer means a professional engineer registered and in good standing with the Alabama Board of Registration for Professional Engineers and Surveyors.

Entertainment, indoor, means a commercial establishment providing spectator entertainment within an enclosed building, including movie theaters and similar uses. Accessory uses may include concessions, snack bars, restaurants, parking and maintenance facilities. This does not include amusement arcades, adult theaters, adult entertainment, or adult bookstores.

Entertainment, live, means any performance, musical act, karaoke, stand-up comedy, play, song or dance act, disc jockey, or any combination of these, or similar activity performed live by one or more persons, whether or not done for compensation, and whether or not admission is charged. Live entertainment is considered an accessory use in places of assembly, concert halls, night clubs, etc. This does not include adult entertainment.

Entertainment, outdoor, means a commercial establishment providing spectator entertainment in open, partially enclosed or screened facilities, including sports arenas, racing tracks, drive-in theaters, etc. This does not include an adult theater. Accessory uses may include concessions, snack bars, restaurants, parking and maintenance facilities.

Equipment rental, heavy, means a place of business engaged in the rental of tools and heavy equipment, such as paving machines, motor graders, scissor lifts, backhoes, construction cranes and equipment, tractors and farming implements, and similar items. For moving companies, see Industrial use.

Equipment rental, light, means a place of business engaged in the rental of light equipment, such as lawn mowers, lawn tractors, weed eaters, garden tillers, small concrete mixers, chain saws, ladders, and similar items, usually on a daily/hourly basis for remuneration. Light equipment rental may also include rental of other items, such as appliances, furnishings, meeting/wedding/party supplies, audio/video equipment and similar items. For video rentals, see General retail, enclosed.

Erect, erected, erection means build, construct, reconstruct, move upon, or other physical operation on the premises required for building. When used in reference to signs, the term "erect, erected, erection" shall include build, construct, attach, hang, place, suspend and affix.

Facade, unless indicated otherwise, means the exterior wall of a building exposed to public view and that most closely corresponds with the front lot line.

Family means a person living alone, or any of the following groups conforming to the limitations in section 111-121, living together as a single nonprofit and noncommercial housekeeping unit, and sharing common living, sleeping, cooking and eating facilities:

(1)

Any number of persons all of whom are related to the second degree of consanguinity by blood, marriage, adoption, guardianship, or other duly-authorized custodial relationship.

(2)

Up to four persons not all related to one another to the second degree of consanguinity by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship.

(3)

Two unrelated persons and any children related to the second degree of consanguinity to either of them.

(4)

Not more than eight persons who are "handicapped," as defined in the Fair Housing Act 42 USC 3602(h), as may be amended.

(5)

Not more than ten persons who are mentally ill and two caregivers living in a group care home per Code of Ala. 1975, § 11-52-75.1, as may be amended.

For the purposes of this definition, the term "second degree of consanguinity" means a human relationship that includes husbands, wives, parents, children, grandchildren, brothers, sisters, aunts, uncles, nephews, nieces and first cousins (including "step" or "half" such relationships), as demonstrated by official public records, such as drivers licenses, birth or marriage certificates, or by affidavits. A degree of relationship beyond or outside of the second degree of consanguinity, or that cannot be verified to the building official by documents, does not constitute a "relation" or does not amount to "related" under this chapter.

Farm means a parcel of land at least three acres in size, in one ownership used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to man, subject to section 111-238.

Farm support business means a commercial establishment engaged in the sale of farm support goods and services, including the following activities:

(1)

The sale of feed, grains, fertilizers, pesticides and similar farm support goods;

(2)

The provision of warehousing and storage facilities for raw farm products; and

(3)

The provision of veterinary services to farm animals.

Fence means an artificially constructed barrier of any material or combination of materials designed for such purposes, or vegetation which is planted or retained as a means to enclose or screen areas of land.

Fence, privacy, means a fence intended to visually screen all or part of a property or use from the view of the public and/or neighboring properties.

Floor area, gross, means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Fowl means chickens, turkeys, ducks, geese, quail, guineas, etc.

Funeral home means a building or part thereof used for human funeral services. Such building may contain space and facilities for:

(1)

Embalming and the performance of other services used in preparation of the dead for burial;

(2)

The performance of autopsies and other surgical procedures;

(3)

The storage of caskets, funeral urns and other related funeral supplies; and

(4)

Space for the storage of funeral vehicles.

Garage means a permanently roofed, fully enclosed structure used for automobile shelter and storage (not to be confused with a business used for vehicle repair, minor or major).

Garden center or nursery means the retail sale of plants, trees, shrubs and the like for ornamental purposes conducted from a building, greenhouse, outdoor display area or stand, including incidental sales of items customarily associated with such sales activities (containers, fertilizers, ornaments, mulch, potting soil, small gardening tools, gardening equipment and seeds).

Garden home. See Dwelling, garden home.

Gas station means a commercial establishment providing fuel, lubricants, parts and accessories for vehicles, which may also engage in the incidental sale of food items and beverages. When permitted by the zoning district, vehicle repair activities may also be performed.

General retail, enclosed, means the retail sales of goods and services primarily within a building, including, but not limited to, food sales, department stores, clothing stores, home furnishings, appliance stores, automobile parts and supply stores, video rental, gift shops, florist shops, hardware stores, specialty shops, jewelry stores, variety stores, sporting goods stores, antique shops and similar retail activities. This does not include adult bookstores, or adult retail establishments.

General retail, unenclosed, means the retail sales of goods and services not otherwise defined in this section, conducted partially or fully outside of a building, including, but not limited to, tombstone or monument sales, utility building sales, manufactured home sales, farm tractor sales, sidewalk sales, outdoor food service and similar activities. This does not include garden centers.

Grade level means the average level of the finished ground surface adjacent to the exterior walls of a building, structure or sign.

Greenway means an open space corridor linking parks, natural reserves, cultural features or historic sites with each other and/or with populated areas.

Grocery store means a retail establishment in which the following items are normally sold: food items, beverages, household supplies, personal care items, etc. Grocery stores may also include magazine sales, the sale of automobile maintenance supplies and a deli and/or bakery, but do not engage in any form of vehicle repair or maintenance or the sale of vehicle fuel.

Group care home means a nonprofit or for-profit group home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. See Code of Ala. 1975, § 11-52-75.1, regulation as to housing of mentally disabled or mentally ill persons in multifamily zones, as amended.

Gyms andhealth clubs mean establishments, such as fitness centers, gymnasiums, health and athletic clubs, including indoor saunas, spa or hot tub facilities and incidental court game uses, including, but not limited to, indoor tennis, handball and racquetball. Such establishments may include swimming pools as part of the permitted use, unless otherwise provided for in this chapter. These clubs may also include incidental physical instruction. This does not include club or fraternal organizations. See also Personal services.

Halfway house. See Transitional home.

Hazardous uses means all uses which involve the storage, sale, manufacture, processing or handling of materials which are easily ignited and likely to burn with moderate rapidity or cause smoke, including materials and/or chemicals which are highly flammable, explosive, noxious, toxic or are otherwise inherently dangerous to humans, animals, land, crops or property.

Heavy industry. See Industry, heavy.

Helistop means a pad and/or other facility accommodating helicopter takeoffs and landings.

Hobby farm means a two-acre or larger tract of land used for the keeping or maintenance of farm animals personally useful to the occupants of a dwelling on the same tract.

Home improvement center means a retail establishment engaged in the sale of a wide range of building materials, including lighting fixtures, electrical supplies, roofing shingles, gutters, doors and windows, plumbing supplies, paint, hardware, wood pest control products, and similar products. Such an establishment may also include the storage and sale of plants, shrubs, flowers, planters, landscaping timbers and materials.

Home occupation means a business, profession, occupation or trade conducted for gain or support and located entirely within the living area of a dwelling as an incidental activity of the residents of that dwelling.

Hospital means an establishment that provides services for surgery and surgical care, in-patient medical, out-patient medical, and the care of sick or injured persons. A hospital may include related facilities, such as laboratories, pharmacies, gift shops, coffee shops and cafeterias, out-patient services, training facilities and staff offices, provided such uses are incidental and subordinate to the principal hospital use and is an integral part of the hospital operation.

Hotel means a commercial facility offering transient lodging accommodations on a daily or weekly basis and in which guest rooms are accessed from the interior of the building. Hotels may also include, as an integral part of operations, such services as restaurants, meeting rooms, banquet rooms, gift shops, recreational facilities, etc. Where permitted, hotels may also include, as an incidental use, a liquor lounge.

Impervious surfaces means surfaces, such as rooftops, sidewalks, roads and parking lots covered by impenetrable materials, such as asphalt, concrete, brick and stone, which prevent percolation of runoff into the ground.

Improvement means any manmade immovable item which becomes a part of, placed upon or affixed to real estate.

Industrial park means a tract of land planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, signage, utility needs, aesthetics, and compatibility.

Industry, heavy, means meat or poultry processing, slaughterhouse, storage or manufacture of flammable, explosive or toxic materials or other materials generally considered to be hazardous or offensive in nature.

Industry, light, means industrial processes and facilities that are typically less capital intensive and pose more limited environmental impacts than heavy industry. Most light industry products are produced for end users rather than for use by other industries.

Inoperative motor vehicle. See Vehicle, inoperative.

Kennel means an establishment in which three or more dogs, more than six months of age, are kept, bred, raised, trained, boarded or handled for a fee.

Liquor lounge means a licensed establishment engaged in the preparation, sale or serving of liquor for consumption on the premises. This includes, but is not limited to, taverns, bars, cocktail lounges, nightclubs and similar uses where on-premises liquor consumption is a primary or incidental activity. Liquor lounges may include live entertainment. This does not include adult entertainment or establishments which sell alcoholic beverages for off-premises consumption only, such as a package store, state alcoholic beverage store, supermarkets, etc. See also Night club.

Livable floor area means any floor area within a dwelling usable for any combination of sleeping, eating, cooking, recreation or working purposes.

Livestock means cows, horses, goats, sheep, swine, ponies, donkeys, cattle, and other hoofed animals.

Livestock sales means the sale of animal livestock within an enclosed yard or structure, including livestock markets, horse or cattle auctions and similar activities.

Lot means a parcel of land shown on a recorded plat or a piece of land described by a legally recorded deed; provided, however, that the deeded land was not transferred in conflict with the subdivision regulations and this chapter.

Lot area means the minimum area contained within the property of the individual parcels of land shown on a subdivision plat or survey. Lot area excludes any area within an existing or future street right-of-way or any area devoted to common open space.

Lot, corner, means a lot abutting upon two or more streets at their intersection or on two parts of the same street forming an angle of less than 135 degrees.

Dual frontage corner lot means a residential corner lot abutting an interior lot on each of the two street frontages. Two-frontage corner lots provide the same minimum depth front yard on each frontage.

Single frontage corner lot means a residential corner lot with frontage on two streets, one of which is a side street. A primary frontage corner lot abuts another primary frontage corner lot on one side and an interior lot on the other side.

Lot frontage means the lot width measured at the street line.

Lot line means the legal boundary line of a lot.

Lot line, front, means the lot line separating a lot from a street right-of-way.

Lot line, rear, means that lot line which is parallel to and most distant from the front lot line; in the case of an irregular or triangular lot, a line ten feet in length, entirely within the lot, parallel to and at the maximum distance from the front lot line.

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

Lot of record means any validly recorded lot which, at the time of its recording, complied with all applicable laws, ordinances and regulations.

Lot width means the horizontal distance measured between the side lot lines at the required building setback line. In the case of only one side lot line, lot width is the distance measured between the side lot line and the opposite lot line.

Lot, double frontage, means an interior lot having frontages on two streets.

Lot, flag, means a parcel of land which does not have the required minimum lot width at the front lot line but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the flag pole) are parallel or nearly parallel.

Lot, interior, means a lot other than a corner lot.

Lot, reverse frontage, means a double frontage lot having a rear yard on a major street and a front yard and access to a local street.

Maintenance service means an establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscaping services, window cleaning services, septic tank services, office cleaning services and similar uses.

Manufactured home means a factory-built, single-family dwelling that meets the Federal Manufactured Home Construction and Safety Standards Act (42 USC 5401), commonly known as the HUD Code.

Manufactured home lot means a lot that is designed for use within a manufactured home subdivision.

Manufactured home park means a tract of land used or designed to accommodate a manufactured home community of multiple spaces for rent or lease.

Manufactured home sales means a lot or tract of land used for display of manufactured homes for sale.

Manufactured home space means a space that is designed for use within a manufactured home park.

Manufactured home subdivision means a division of a tract of land into two or more lots, plats, or sites intended for the long-term siting of manufactured homes for dwelling purposes.

Manufactured office means a temporary, nonresidential, portable, mobile, or transportable factory-built building or structure, the use of which may be the principal building or an accessory building to an existing operation on the same lot or tract. See also section 111-203.

Manufacturing, general, means the basic processing and manufacturing of materials or products predominately from extracted or raw materials, including the incidental sale, storage and distribution of such products. Said uses impose moderate to high impact on the surrounding environment by increased traffic, noise or vibration and may require measures to be taken to control smoke, dust or pollutants.

Manufacturing, light, means the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, including the incidental storage, sale and distribution of such products where such manufacture poses negligible impact on the surrounding environment due to noise, vibration, smoke, dust or pollutants.

Market means retail sales of arts, crafts, produce, discontinued or used goods which are located partially or wholly outside or within an enclosed building. This may include produce markets, craft markets, farmers' markets or similar activities.

Masonry means veneer of exterior walls constructed of brick, decorative block, split face stone construction, natural stone, reinforced stucco, or other masonry material approved and constructed in accordance with the international building code currently adopted. (e.g. EIFS systems, hardi plank, or other materials of similar characteristics).

Massage therapy establishment means an establishment where massage therapy is practiced by a licensed professional massage therapist, regardless of whether or not the provision of massage therapy services is the primary function of the establishment.

Medical and dental laboratory means an establishment where medical and dental supplies are manufactured. Limited manufacturing that is accessory and incidental to a medical support service, professional office, clinic or similar non-manufacturing principal use is not considered a medical and dental laboratory.

Medical support service means a place of business which supplies medical support services to individuals, medical practitioners, clinics and hospitals, such as a pharmacy, a medical and surgical supply store, an optician and the like.

Military installation means a government-sponsored defense facility, including military bases, National Guard armories, military reserve centers and similar uses.

Mini-warehouse means a facility, other than a storage warehouse, with buildings divided into separate compartments that may include climate-controlled units, used to meet the temporary storage needs of households and small businesses, with no commercial transactions permitted other than the rental of the storage units. This does not include the rental of trucks or equipment as an accessory use.

Modular home means a dwelling manufactured off-site in accordance with the city building code, transported to and assembled on the building site on a permanent foundation.

Motel means a commercial facility offering transient lodging accommodation on a daily or weekly basis and in which guest rooms are accessed from the exterior of the building. A motel may include as an integral part of the facility such additional services as restaurants, meeting rooms, banquet rooms, liquor lounges, gift shops, and recreational facilities.

Natural disaster or other act of God means an act attributable to nature without human interference and not preventable by any human agency. For example, damage from a flood, tornado or a lightning strike would be considered a natural disaster or other act of God. See also Casualty.

Night club means a licensed establishment that does its primary business after dark, may serve food, sells alcoholic beverages for on-premises consumption and which may provide live entertainment or provide an area for customer dancing. This does not include adult entertainment. See alsoLiquor lounge.

Nonconforming structure means an otherwise legal building or structure that does not conform with the yard, height, lot coverage, parking, or other development regulations of this chapter, for the applicable district, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to it.

Nonconforming use means an otherwise legally established use of a premises which has been continued but that does not conform to the use regulations of this chapter for the applicable district, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments.

Nonconformities means the use or development of land, buildings, structures, or lots, which was lawful at the time of enactment or amendment of zoning regulations but is not in conformity with this chapter or subsequent amendments to it.

Nursing care facility means a licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital but at a higher level than provided in a domiciliary care facility.

Occupancy load means the maximum number of persons that may be accommodated by a use or building as determined by its design or by the currently adopted building and fire codes. Not to be confused with dwelling unit occupancy.

Odors, obnoxious, means dangerous, unwholesome, nauseous or offensive odors, gases or fumes arising from or incidental to any business where such odors, gases or fumes are allowed to escape in the open air in such amounts as to be at any time detrimental to the health of any individual or the public or that is so noticeable, discomforting or disagreeable so as to offend the sensibilities of any reasonable individuals or the public at a distance of 200 feet from the building or the source of such odors, gases or fumes or at the property boundary where the same are generated and released.

Office. See Business office or professional office.

Open space means land, not covered by parking areas, rights-of-way or buildings other than recreational structures, pools and stormwater facilities, which is landscaped or left in a natural state as required by the provisions of this chapter.

Open space, common. See Common open space.

Outdoor display means an outdoor area designed, improved set aside for the display retail merchandise for sale in the regular course of business and which is left open and freely accessible to the public during normal business hours. Outdoor displays include, but are not limited to, plant nurseries, home, farm and garden supplies, building materials, and vehicles, implements and equipment sales. The term "outdoor display" does not include the storing or parking of goods, equipment or vehicles that are not available to be examined by customers in the regular course of business during normal business hours. The term "outdoor display" does not include damaged, unusable or inoperable items; items being repaired, replaced or serviced; bulk items; and other similar items.

Outdoor storage means the keeping, in an unenclosed area, of any goods, materials, merchandise, products, vehicles or other items in the same location for more than 48 consecutive hours. This does not include areas otherwise defined as outdoor display.

Owner or landowner means the person having the right and legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

Parcel means a piece or area of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership, or in such manner as to specifically identify the dimensions and/or boundaries.

Park or playground means a noncommercial, nonprofit facility composed primarily of open land area and improvements, intended to be used for recreation and enjoyment, including both active and passive recreation. This includes publicly owned and operated parks, playgrounds and recreation facilities.

Parking. See article IX of this chapter for definitions concerning parking.

Pawn shop means a commercial establishment in which products are either purchased from the general public or held for a given time period for a mutually agreed upon price, with a pawn receipt provided with the understanding that he may return to repurchase or redeem the item left within the specified time period. This does not include a title loan service.

Penal institution means a public institution housing inmates for correction or rehabilitation.

Perimeter means the boundaries or borders of a lot, tract or parcel of land.

Personal services means establishments engaged in providing services involving the personal care of individuals or their personal goods or apparel, including, but not limited to, a barber shop, beauty shop or boutique, cosmetic studio, dry cleaning and laundry service, including laundromat, indoor gym, exercise or fitness centers, tanning salons, seamstress services, shoe repair, travel agencies, locksmiths, interior decorators, and formal wear rental. This does not include massage therapy establishments.

Pervious surfaces means materials for paving roads, parking lots and walkways that allow the movement of water and air around and through the paving material, thus allowing water runoff to infiltrate to the soil below. Examples are pervious concrete, porous asphalt, porous turf, single-sized aggregate, and paving stones or bricks.

Place of assembly means buildings arranged for religious, recreational, civic, educational, or cultural purposes, such as churches, community centers, and civic centers, including related facilities for instruction, meeting, recreation, lodging, eating and other integrally related activities. A place of assembly may include a day care center as an incidental use.

Planned unit development (PUD). For definitions concerning planned unit developments, see section 111-171.

Planning and zoning commission or the commission means the planning and zoning commission of the city.

Porch means a roofed open area, which may be screened, attached to or part of a building, and with direct access to or from it.

Porte-cochere means a canopy or other cover extending out from a building entrance to shelter those getting in and out of cars.

Premises means a lot, parcel, tract or plot of land, together with the structures thereon.

Principal building means the building, located on a lot or tract of land, in which the principal use is conducted. Lots with multiple principal uses may have multiple principal buildings.

Principal use means the primary or predominant use of any lot or parcel.

Printing establishment, major, means an establishment which provides blueprinting, copying, printing, engraving or other reproduction services with no limit on floor space.

Printing establishment, minor, means a commercial establishment providing blueprinting, copying, printing, engraving or other reproduction services limited to 2,500 square feet of floor space/area.

Product repair and services means establishments offering repair of goods and equipment servicing for small household appliances, bicycles, clocks, watches, shoes, televisions, personal computers and office equipment, locksmith, upholstering shop, and similar uses.

Professional office. See Business office or professional office.

Property line means the lot line or boundary line.

Public building means any building used exclusively for public purposes by any department or branch of the government.

Public utility facility means a facility that provides public utility services to the public at large, including water and sewer facilities, gas distribution facilities, electric transmission and distribution facilities, and cable transmission and distribution facilities.

Public utility service means essential utility services which are necessary to support development and which involve only minor structures, such as lines and poles.

Recording studio means a facility in which a performance may be created and recorded onto a medium for later reproduction.

Recreation, indoor, means a commercial establishment providing enclosed recreational or sports activities to participants. Such activities include, but are not limited to, bowling alleys, roller skating or ice skating rinks, billiard parlors, racquet ball, indoor batting cages, and related amusements and sports activities. Accessory uses may include such things as the preparation and serving of food and/or the sale of equipment related to the permitted use. This does not include adult entertainment.

Recreation, outdoor, means a commercial establishment providing recreational or sports activities to participants, including golf driving ranges, miniature golf courses, conventional golf courses, batting cages, tennis courts, racquet ball and other commercial recreational, and sports activities, and similar uses.

Recreational vehicle means a vehicular-type portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational and camping purposes.

Recycling center means a premises upon which used materials are separated and processed for shipment for recycling and eventual reuse.

Recycling plant means a facility in which recoverable resources (such as newspapers, magazines, books and other paper products; glass; metal cans; and other products) are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.

Research laboratory means facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Resource extraction means the removal of soil, sand, clay, gravel, minerals or similar materials for commercial purposes, including quarries, sand and gravel operations, gas extraction and mining operations.

Restaurant, dinner theater, means a restaurant at which comedy or a play, musical, etc., is presented while or after dinner is served. See also Live entertainment.

Restaurant, fast food, means an establishment where food and drink are rapidly prepared for carry-out, fast delivery, drive-thru or drive-in, which may also include facilities for on-premises consumption.

Restaurant, standard, means a licensed establishment where food and drinks are prepared, served and primarily consumed on-premises. A standard restaurant may provide limited live entertainment as an accessory use. In contradistinction to night clubs and liquor lounges, standard restaurants do not impose age restrictions on patrons at any time during business hours.

Restaurant with outdoor seating means a restaurant that has on its premises for outdoor or open-air dining by customers, a seating area that is subordinate to, clearly associated with, and served by the restaurant.

Retail means the provision of services or the sale of goods and merchandise at retail prices to the general public at large for use or consumption.

Right-of-way means land reserved, used, or to be used for a street, alley, walkway, drainage facility, or other public purpose.

Right-of-way line means the line that forms the boundary of a right-of-way, typically corresponding with the front lot line of abutting properties.

Runoff means the portion of rainfall, irrigation water and any other liquids that flows across ground surface and eventually is returned to streams.

Salvage yard means a lot or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

Sanitary landfill means a state-approved site for solid waste disposal employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day.

Satellite dish antenna means an accessory structure designed to receive television broadcasts relayed by microwave signals from earth-orbiting communication satellites.

Sawmill means an industrial facility for cutting, sawing, milling, drying and processing timber into lumber for building and construction purposes.

School means a public or nonprofit educational facility.

School, commercial, means private, gainful business providing instructional service in the arts, business, crafts, trades or professions.

School, industrial, means private, gainful business providing instruction in industrial trades or in the service and operation of heavy equipment or heavy trucks, or any similar school requiring outside storage.

Screen means to visually shield or obscure one structure, activity or use from another by means of opaque fencing, walls, berms or densely planted vegetation.

Self-storage warehouse. See Mini-warehouse.

Setback means the distance between a building or structure and a lot line. See also Yard.

Shared parking means use of an off-street parking area for more than one use.

Shopping center means a group of commercial establishments located on a lot, planned and developed in a unified manner and design, with shared parking and driveway facilities and under a common ownership or management authority.

Sight triangle means a triangular-shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Signs. For definitions concerning signs, refer to article X of this chapter.

Site means a parcel of land intended to have one or more buildings or intended to be subdivided into one or more lots.

Site area means a land area required to qualify for a particular use or development. Site area is taken from an actual site survey and excludes:

(1)

Land within an existing or future street right-of-way, or utility right-of-way easement.

(2)

Land which is not contiguous or is cut off by a major barrier.

(3)

Land which is part of a previously approved development.

(4)

Land which is zoned for another use.

Specified anatomical areas means:

(1)

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

(2)

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

Specified sexual activities means any of the following:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

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

Stable means a structure that is used for the shelter or care of horses and cattle.

Story means 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 is no floor above it, then the space between the floor and the ceiling next above it. A mezzanine or partial floor is counted as a story if the vertical distance from the floor next below to the floor or ceiling next above is 24 feet or more.

Street means any vehicular way that has been dedicated to public use, including all land within the right-of-way.

Arterial street means a street intended mainly to carry through traffic and that connects and distributes traffic to and from other arterials and collector streets.

Collector street means a street that collects traffic from local streets and connects with arterials and other collectors.

Local street means a street that provides access to abutting lots and carries low-speed traffic primarily having a destination or origin on the street itself.

Side street means that segment of a residential street, between two intersecting streets, along which there are no interior lots.

Structure means a combination of materials that form a construction for use, occupancy, or ornamentation, installed on, above or below the surface of land or water.

Studio means a place of work for an artist, photographer or craftsman, including instruction, display, production and retail sales of materials produced on the premises. This does not include a recording studio or tattoo or body-piercing establishment.

Subdivision means the division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose (whether immediate or future) of sale or of building development. The term "subdivision" includes resubdivision of land and, when appropriate to the context, relates to the process of subdivision or to the land or territory subdivided.

Subdivision regulations means the subdivision regulations of the city, as may be amended.

Surveyor means a land surveyor registered in the state.

Temporary storage container means a structure that is designed and constructed by the manufacturer thereof for the purpose of storing items or goods within the structure and outside of a building.

Terrace means a level, landscaped, or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.

Theater means a building or part thereof used to show motion pictures or for drama, dance, musical, or other live performances. This does not include adult theater.

Title loan service means an establishment which engages in the practice of accepting motor vehicle titles for monetary compensation.

Townhouse. See Attached dwelling.

Traffic engineer means a professional traffic engineer registered in the state.

Traffic impact study means a report analyzing anticipated roadway conditions before and after proposed development.

Transitional home means a licensed home for the homeless, victims of domestic abuse, inmates on release from more restrictive custodial confinement or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to enable residents to reintegrate into mainstream society.

Transmission tower means a tower, monopole, pole or similar structure which supports a telecommunications antenna operated above ground in a fixed location, freestanding, guyed, or on a structure.

Transmission tower, commercial, means a commercial, Federal Communications Commission (FCC)-licensed facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various telecommunications devices and equipment. See also section 111-243, Communications towers, antennas, satellite dishes and related equipment.

Transmission tower, noncommercial, means a transmission tower used only for private recreation, noncommercial exchange of messages, self-training, emergency communication and similar noncommercial purposes. Such term includes amateur or ham radio.

Truck terminal means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another and that is used only for short-term accessory storage of truck loads. The terminal facility may include storage areas for trucks and buildings or areas for the repair and maintenance of trucks associated with the terminal.

Use means the activity or function that actually takes place or is intended to take place on a lot or site.

Used car means any used or secondhand motor vehicle to which a certificate of title and license plates have been issued and which a motor vehicle has been registered for use on the highways by a consumer or by a dealer, and any used or secondhand vehicle required to be titled, including, but not limited to, trailer coaches and trailers weighing over 2,500 pounds.

Used car lot means a commercial establishment where used cars are displayed and offered for purchase, sale, lease, or exchange in the open.

Utility means a business or service engaged in regularly supplying the public with some commodity or service of public consequence and need, such as electricity, gas, water, telephone service and telegraph service.

Variance means permission granted by the zoning board of adjustments and appeals to depart from the literal requirements of this chapter.

Vehicle, abandoned, means any motor vehicle which is not on public right-of-way, but is visible from public right-of-way, that is unlicensed and/or inoperable for a period of 30 consecutive days or greater.

Vehicle, inoperative, means a motor vehicle which cannot be driven upon the public streets for reasons, including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.

Vehicle repair, major, means a place of business primarily engaged in the sales, installation and servicing of mechanical equipment and parts and the major repair and maintenance of vehicles, including painting, body work, rebuilding of engines and transmissions, upholstery work, fabrication of parts and similar activities.

Vehicle repair, minor, means a place of business primarily engaged in the sales, installation and servicing of mechanical equipment and parts and in the minor repair and maintenance of vehicles, including electrical work, lubrication, tune-ups, wheel alignment, tire balancing, brake and muffler work, battery charging and/or replacement and similar activities.

Vehicle sales and rental means a commercial establishment engaged in the sale and/or rental of automobiles, light or medium trucks, recreational vehicles, boats and motorcycles, which may also include the incidental parking, storage, and display of such vehicles. This does not include moving companies, but may include light and medium trucks, vans or trailers rented by the general public for moving personal items. Where permitted, vehicle sales and rental may include minor and/or major vehicle repair.

Vehicle sales and rental, major, means a place of business engaged in the sale and/or rental of heavy trucks, including, but not limited to, dump trucks and utility vehicles over one ton and large transport trucks/cabs, including the incidental parking, display, maintenance, servicing and minor/major repair of such vehicles.

Warehousing means establishments in which goods, merchandise or equipment are stored for eventual distribution or for short- or long-term storage.

Distribution warehouse means a facility for the ongoing receipt, storage, and distribution of goods, products, cargo or materials, or for the breakdown or consolidation of orders for goods, products, cargo or materials, to or from sources for distribution to various recipients and locations.

Storage warehouse means a facility used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field.

Wholesale establishment means establishments involved in the sale, lease, or rental of products primarily intended for industrial, institutional, or commercial businesses. The use emphasizes on-site sales or taking of orders and often includes display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Accessory uses may include offices, product repair, and repackaging of goods. Establishments engaged primarily in sales to the general public or on a membership basis are considered retail. Establishments primarily engaged in the storage of goods with minimal on-site business activity are considered warehousing.

Wrecker service yard means a premises used for the placement and/or outside storage of vehicles awaiting final disposition. This does not include salvage yards.

Yard means a minimum open area, unobstructed from the ground up extending along a lot line and inward to the structure. (See also illustrations under lot lines.)

Yard, front, means a space extending along the full width of the front lot line between side lot lines and from the front lot line to the front building line in depth. A dual frontage corner lot has a front yard on each frontage. A single frontage corner lot provides a front yard along the frontage it shares with an interior lot and provides a secondary front yard along the side street.

Yard, rear, means a space extending across the full width of the lot and lying between the rear lot line and the nearest wall of the principal building.

Yard, secondary front, means a space extending across the side street frontage of a single frontage corner lot between the primary front yard and the rear lot line, and between the principal building and the adjoining street line.

Yard, side, means a yard lying between the main building and the side lot line extending from the required front yard to the required rear yard. In the case of a corner lot or an odd-shaped lot, any yard that is not a front yard or rear yard is a side yard. In the case of a double frontage lot, any yard that is not a front yard is a side yard.

Zoning board of adjustments and appeals (ZBA) means the zoning board of adjustments and appeals of the city.

Zoning ordinance or this chapter means the zoning ordinance of the city, unless otherwise specified.

(Ord. No. 2013-02, § 2.4, 3-4-2013; Ord. No. 2014-018, § 1, 10-20-2014; Ord. No. 2015-017, § 1, 7-20-2015; Ord. 2017-013, § 1, 11-6-2017; Ord. No. 2018-017, § 1, 11-19-2018; Ord. No. 2020-001, §§ 1, 2, 3-2-2020)

(a)

ac: Acre.

(b)

ADU: accessory dwelling unit.

(c)

ALDOT: Alabama Department of Transportation.

(d)

dB: decibel.

(e)

DU: dwelling unit.

(f)

EIFS: exterior insulation finishing system.

(g)

FAA: Federal Aviation Administration.

(h)

FCC: Federal Communications Commission.

(i)

ft: feet.

(j)

GFA: gross floor area.

(k)

GLA: gross leasable area.

(l)

PUD: planned unit development.

(m)

sf: square feet.

(n)

ZBA: zoning board of adjustments and appeals.

(Ord. No. 2013-02, § 2.5, 3-4-2013)