(a)

In those instances whereas a word or term as it applies to development, zoning and/or enforcement of this chapter is not defined as presented herein, the commission shall interpret each word or term in its applicability to the intent of this chapter with deference to the following reference materials, but not limited to, as generally accepted by the American Planning Association as providing standard definitions as determined by federal and state government agencies and national organizations involved in planning and land-use development:

(1)

The Latest Illustrated Book of Development Definitions - New Expanded Edition (2004), Harvey S. Moskowitz and Carl G. Lindbloom, ISBN: 0882851772;

(2)

American Planning Association's Land Use Law and Zoning Digest;

(3)

American Planning Association's Zoning News, a monthly publication on current planning and zoning matters;

(4)

A Glossary of Zoning, Development and Planning Terms (1999), American Planning Association's Planning Advisory Service (PAS) Report Number 491/492, ISBN: 1-88482935-X;

(5)

The Standard Industrial Classification Manual (1987), Executive Office of the President, Office of Budget and Management;

(6)

Urban Land Use Institute publications related to shopping centers, industrial parks, recreational development, and other planned developments.

(7)

United States Environmental Protection Agency ("USEPA") publications related to sustainable development and smart growth principles.

(b)

The definitions contained under this chapter shall be observed and applied in the interpretation of all titles and sections of this chapter, except where the context clearly indicates otherwise. Furthermore, words used in the present tense, singular number, and masculine gender, shall also mean the future, plural, and feminine. Anything not specifically included in a definition presented herein is automatically excluded.

Access management means the systematic control of the location, spacing, design and operation of driveways, median openings, interchanges, and street connections to a roadway to minimize conflicts between turning and through vehicles, bicyclists and pedestrians. The purpose of access management is to provide vehicular access to land development in a manner that preserves the safety and efficiency of the transportation system. Public facility measures to support access management include roadway design applications, such as median treatments and auxiliary lanes, and the appropriate spacing of traffic signals. Measures that my be included as conditions of approval for development decisions include but are not limited to: (i) standards such as minimum spacing of driveways and onsite vehicle storage requirements, (ii) mitigations related to site conditions such as right-of-way-out only approach, medians, dedicated turn lanes and shared access approaches, and (iii) provision for future opportunities for mitigation by land dedication or easement.

Accessory building or use means one which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or principal use served; contributes to the comfort, convenience, or necessity of the occupants of the principal building or principal use served; and is located on the same zoning lot as the principal building or principal use served, with the single exception of any accessory off-street parking facilities that are permitted to locate elsewhere than on the same zoning lot with the building or use served. The term "accessory building or use" includes, but is not limited to, the following:

(1)

A children's playhouse, garden house, or private greenhouse.

(2)

A garage, shed, or building for domestic storage.

(3)

Decks, fences, arbors, gazebos and swimming pools.

(4)

Storage of goods used in or produced by manufacturing activities, unless this storage is excluded by the district regulations.

(5)

The production, processing, cleaning, servicing, altering, testing, repair, or storage of merchandise normally incidental to a retail service or business use conducted by the same ownership as the principal use. In a business district, all these activities shall conform with the performance standards for the Ml manufacturing districts in section 123-217, applied at the boundaries of the lot on which the use is located.

(6)

Off-street motor vehicle parking spaces or areas and loading facilities.

(7)

Signs, other than advertising signs, as permitted and regulated in each district incorporated in this chapter.

(8)

Carports.

Accessory dwelling unit means a secondary independent dwelling unit constructed on a lot with a primary dwelling unit. The secondary independent dwelling unit is constructed auxiliary to and smaller than the primary dwelling unit.

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

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas," or establishment with a segment or section devoted to the sale or display of such material.

Adult business means any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by an emphasis on male or female genitals, buttocks, or female breasts.

Adult cabaret means a nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

(1)

Persons who appear semi-nude;

(2)

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

(3)

Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

Adult mini motion picture theater means an enclosed building with a capacity of 75 persons or less used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Adult motel means a motel, hotel, or similar commercial establishment which:

(1)

Offers public accommodations, for any form of consideration, and which regularly provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and which regularly advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; and

(2)

Offers a sleeping room for rent for a period of time less than ten hours.

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

Adult motion picture theater means an enclosed building with a capacity of 75 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

Affordable housing means housing which is priced or valued for purchase, rent, or lease by a certain percentage of the population earning a specified level of income and spending no more than 30 percent of their household income on housing expenses (for more information or detail, contact the United States Department of Housing and Urban Development).

Alley means a public right-of-way not more than 30 feet wide which affords only a secondary means of access to abutting property.

Apartment means a room or suite of rooms in a multiple-family structure which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Arterial street means a major street for carrying a large volume of traffic between neighborhoods and intra-community travel, normally controlled by traffic signalization with speed parameters between 30 and 40 miles per hour.

Attached duplex means a duplex located on its own lot that shares one or more common or abutting walls between the dwelling units. A common or abutting wall must be shared by at least 50 percent of the length.

Attached home means a dwelling unit located on its own lot which shares one or more common abutting walls between independent dwelling units. The common or abutting wall must be shared by at least 50 percent of the length. An attached house does not share common floor/ceiling with other dwelling units. An attached home is similar to townhouses or row houses.

Automobile-dependant means primary or accessory land uses servicing motor vehicles or patrons in motor vehicles, such as motor vehicle repair centers, fuel (gasoline) stations, car washes, auto and truck sales or any land use with a drive-up window, kiosk, and similar communication instrument or panel.

Automobile laundry means a building or portion thereof where the principal activity is the washing of automobiles, including the use of chain conveyors and blowers or steam-cleaning devices.

Automobile-orientated means development in which the site layout and design gives preference to automobiles and other motorized vehicles as the primary mode of transportation. This type of development usually has more than the minimum required number of parking spaces. The main entrance is typically orientated to the main parking area and between the public right-of-way and the primary building.

Automobile repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender-straightening or repair; and overall painting of vehicles.

Automobile repair, minor, means incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "automobile repair, major."

Automobile service station means a place where gasoline, stored only in underground tanks, kerosene, lubricating oil, or grease for operation of automobiles, are offered for sale directly to the public on the premises, including minor accessories and services for automobiles but not including major automobile repairs, and including washing of automobiles where no chain conveyor, blower, or steam-cleaning device is employed. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

Automobile wrecking yard means any land, building, or structure used for the open storage, keeping, or abandonment of any worn out, cast off, inoperative, discarded, or abandoned vehicle, automobile, or parts thereof, which is not being restored to operation; or vehicles or automobiles without a valid current state registration and license plate issued to the vehicle or automobile or to the occupant, owner, purchaser, lessor, lessee, or tenant of the place; or used for wrecking of motor vehicles or parts thereof, including the commercial or salvaging of any other goods or articles.

Awning means a rooflike cover, temporary in nature, which projects from the wall of a building and overhangs a public way or a required yard.

Block means a tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of the city.

Building means any structure designed, built, or intended for the shelter, enclosure, or protection of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land. This includes all other structures of every kind, regardless of similarity to buildings.

(1)

Building, completely enclosed, means a building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

(2)

Building coverage, on a zoning lot, means the proportion of the total area of the zoning lot occupied by the ground area of all buildings located thereon, with the exception of garage buildings enclosing accessory off-street parking facilities and not exceeding a building height of ten feet; garage buildings may be ignored for purposes of determining building coverage.

(3)

Building, detached, means a building surrounded by open space on the same zoning lot.

(4)

Building height means the vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the under side of the ceiling beams in the case of a flat roof; to the top level of a mansard roof; and to the mean level of the under side of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Where no curb level has been established, the height of the building may be measured from the mean elevation of the finished lot grade at the front of the building.

(5)

Building, principal means a non-accessory building in which a principal use of the lot on which it is located is conducted.

(6)

Building, residential means a building which is arranged, designed, used for residential occupancy by one more families or lodgers and which includes, but is not limited to, the following types:

a.

One-family detached dwellings.

b.

Two-family dwellings.

c.

Multiple-family dwellings.

d.

A row of one- or two-family attached dwellings developed initially under single ownership or control.

Bulk means the term used to indicate the size and setbacks of buildings or structures and their location with respect to one another, and includes the following.

(1)

Size and height of buildings.

(2)

Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings.

(3)

Gross floor area of buildings in relation to lot area (floor area ratio).

(4)

All open spaces allocated to buildings.

(5)

Amount of lot area per dwelling unit.

Bus terminal, depot, or station means any place, building, or portion thereof where inter-city buses make their major or only stop, whether the stop is off-street or on the public way adjacent thereto, for the purpose of loading or unloading passengers, baggage, or freight, and also where minor repairs to buses may be provided. The bus terminal, bus depot, or bus station may serve as a stop for intra-city buses for the purpose of loading or unloading passengers and baggage but shall not be deemed to include the corner-to-corner passenger pick-up and discharge service normally provided by intra-city buses.

Cabaret means a nightclub, theater, or other establishment which is licensed to serve food and/or alcoholic beverages which feature live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on sexual conduct or specified anatomical areas.

Cellular or wireless communications antenna means any structure or device used to receive or transmit electromagnetic waves between cellular phones, pages, commercial mobile services, wireless services and ground-wired communications systems including both directional antennas, such as panels, microwave dishes, and satellite dishes, and all-direction antennas such as whips and other equipment used to serve personal communication services.

Cellular or wireless communications site means a tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure, parking, and any other uses associated with and ancillary to cellular or wireless communications transmission.

Cellular or wireless communications support structure means any building or structure accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.

Cellular or wireless communications tower means any freestanding structure used to support a cellular or wireless communications antenna.

Cellular or wireless communications tower, height of, means the height from the base of the structure to its top and include any antenna located thereon.

Club or lodge, private, means a nonprofit association of persons who are bona fide members, electing a board of directors and paying annual dues, which owns, hires, or leases a building or portion thereof, the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on the premises provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though these beverages may be served in a separate room or rooms, provided the sale of alcoholic beverages is in compliance with the applicable federal, state, and municipal laws.

Collector street means a street designed to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways to reach arterial streets.

Commercial means land use involving buying/selling of goods or services as the primary activity.

Common green means a courtyard that provides for pedestrian and bicycle access, but not vehicle access, to abutting property and generally provides a common area for use by residents. A common green may function as a community yard. Hard and soft landscape features may be included in a common green, such as groundcover, trees, shrubs, surfaced paths, patios, benches or gazebos.

Controlling interest means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote 20 percent or more of any class of voting securities of a business. The ownership, control, or power to vote 20 percent or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.

Cottage means a small dwelling unit, generally containing not more than 1,200 but no less than 950 square feet of floor area that may be used as an accessory dwelling unit.

Curb level means, for any building, the level of the established curb in front of the building measured at the center of that building measured at the center of the front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level.

Decibel means a unit of measurement of the intensity or loudness of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

Development means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved (or gravel) areas, and areas devoted to exterior display, storage, or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land.

Distinguished or characterized by an emphasis upon refers to the dominant or principal theme of the object described by such phrase. For instance, when the phase refers to films which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.

Drive-through/drive-up facility means a facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. A drive-through facility is a type of site development that is usually found in conjunction with a quick automobile orientated servicing uses, retail sales or commercial service use. A drive-through/drive-up facility also includes facilities designed for the rapid servicing of vehicles, where the driver may or not remain in their vehicles, but whether the derivers usually either perform the service for themselves, or wait on the site for the service to be rendered. A drive-through facility may serve the primary use of the site or may serve accessory uses. Examples include, but are not limited to: drive-up windows, automatic teller machines (ATMs); coffee kiosks, and similar vendors; menu boards, order boards, or boxes, gas pump islands, car wash facilities, auto service facilities such as air compressors, water, and windshield washing stations quick lube or quick lube or quick oil change facilities, and drive-in theaters.

Duplex means a building that contains two primary dwelling units on one lot. The units must share a common wall or common floor/ceiling.

Dwelling means a building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or lodginghouses.

(1)

Dwelling, attached, means one which is joined to another dwelling at one or more sides by a party wall or walls.

(2)

Dwelling, detached, means one which is entirely surrounded by open space on the same lot.

(3)

Dwelling, multiple-family, means a building or portion thereof containing three or more dwelling units.

(4)

Dwelling, one-family, means a building designed or used exclusively for occupancy by one family, and includes one-family detached dwellings and row houses.

(5)

Dwelling, row, means any one of three or more one-family attached dwellings in a continuous row or rows.

(6)

Dwelling, two-family, means a building designed or used exclusively for occupancy by two families.

(7)

Dwelling unit consists of one or more rooms which are arranged, designed, used, or intended for use as living quarters for one family. Individual bathrooms are not necessarily provided, but complete kitchen facilities, permanently installed, shall always be included for each dwelling unit.

(8)

Dwelling unit, efficiency, means a dwelling unit consisting of one room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, provided the dining alcove does not exceed 100 square feet in area.

Ecologically/scientifically significant natural areas means land and water that has substantially retained its natural character, but is not necessarily completely natural or undisturbed, and which is significant for historical, scientific, paleontological, archeological or natural features.

Employ, employee, and employment describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a fulltime, parttime, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. The term "employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Establish or establishment means and includes any of the following:

(1)

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

(2)

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

(3)

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

(4)

The relocation of any sexually oriented business.

Establishment, business, means a separate place of business having the following three characteristics:

(1)

The ownership and management of all operations conducted within the establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots.

(2)

Direct public access to the business establishment is separate and distinct from direct access to any other business establishment.

(3)

There is no direct public access from within the establishment to any other establishment

When adjacent places of business lack any one of the aforesaid characteristics with respect to one another, they shall then be considered as a single business establishment for the purposes of this chapter.

Exterior improvement, accessory, means any improvement except buildings or other roofed structures on a lot, which includes: surface parking and loading areas; paved and graveled areas; areas devoted to exterior display, storage, or similar activities; and improved open areas such as plazas and walkways, but does not include vegetative landscaping, natural geologic forms, or unimproved land.

Family consists of one or more persons related by blood, marriage, or adoption or a group of not more than five persons who need not be related by blood, marriage, or adoption (excluding servants), who are living together in a single dwelling unit and maintaining a common household conforming with all city and state health and housing codes.

Fish and wildlife habitat areas means lands that contain significant food, water, or cover for native terrestrial and aquatic species of animals (examples include, but are not limited to, forests, fields, riparian areas, wetlands and water bodies).

Floodplain refers to land subject to inundation by the maximum flood of reasonable regional expectancy as determined by the state flood control and water resources commission.

Floor area for determining floor area ratio means the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established; elevator shafts and stairwells at each floor; floor space used for mechanical equipment, open or enclosed, located on the roof or penthouses; attic space having headroom of seven feet, ten inches or more; interior balconies, mezzanines, and enclosed porches; and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in floor area.

Floor area for determining off-street parking and loading requirements, when prescribed as the basis of measurement for off-street parking spaces and loading berths for any use, means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to that use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production of processing of goods, or to business or professional offices. However, "floor area" for purpose of measurement for off-street parking spaces shall not include "floor area" devoted primarily to storage purposes, except as otherwise noted herein; "floor area" devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

Floor area ratio (FAR) means the floor area of the building or buildings on that zoning lot divided by the area of the zoning lot, or in the case of planned developments, by the net site area.

Frequency means the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

Group living structure means a residential dwelling that receives 50 percent or more of its short- or long-term residents under a contract or other agreement with a state or local government human services agency to provide basic living arrangements and possibly treatment specific to its residents, including facilities that are further defined herein:

(1)

Residential facility/group care facility;

(2)

Residential home/group care home;

(3)

Residential home/group home private secure care institution.

Hazardous substance means any substance, material or waste listed below:

(1)

Nuclear or radioactive materials or waste;

(2)

Chemicals subject to reporting under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, published July 1987, U.S. Environmental Protection Agency; and

(3)

Hazardous Materials Table, in 49 CFR 172.101.

Health center, government-operated, means a government supported and operated institution where physicians and other medical professionals provide outpatient health service to the public, and where additional facilities and services, including but not limited to laboratories, diagnostic testing, analytical and clinical research, and administrative offices may be located, the additional facilities and services being operated as an integral part of the institution and related directly to the outpatient health services provided.

Hearing officer means the mayor or a designee of the mayor.

Home occupation means a gainful occupation or profession customarily carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes, and therefore not involving the conduct of a retail business, manufacturing business, or a repair shop of any kind on the premises. The term "home occupation" shall not include the employment of any additional persons in the performance of these services, nor shall there be any mechanical or electrical equipment used, other than is usual for purely domestic or hobby purposes. There shall he no exterior display or sign, except as allowed in the sign regulations for the districts in which the "home occupations" may be located; and there shall be no exterior storage of equipment or materials used in connection with the "home occupation." The term "home occupation":

(1)

Includes but is not limited to the following: art studio, custom dressmaking, professional office of a clergyman, lawyer, physician, dentist, architect, engineer, realtor, accountant, teaching of music, dancing, and other instruction when limited to one pupil at a time and when located in a dwelling unit occupied by the same.

(2)

Shall not be construed to include such uses as the following: medical clinic or hospital, beauty parlor or barber shop, tea room or restaurant, gift shop or millinery shop, machine shop or automobile repair shop, tourist homes, or commercial stable or kennel, unless hereafter provided as a specifically recognized exception.

Hospital means an institution where physicians and other medical professionals provide health services primarily for inpatient nursing, and medical or surgical care and treatment of persons suffering from injuries or from physical or mental ailments, and where additional facilities and services, including but not limited to laboratories, diagnostic testing, analytical and clinical research, outpatient departments, training facilities, and administrative and staff offices and living quarters may be located, these additional facilities and services being operated as an integral part of the institution and related directly to the health services provided. The term "hospital" shall include sanitariums and institutions for the care of the insane or feeble-minded, except in determining the applicable off-street parking and loading requirements specified in this chapter.

Hotel means a building in which lodging is provided along with other ancillary services (kitchen facilities, sitting rooms, bedrooms, suites, restaurants, meeting rooms, entertainments, and recreational facilities) and offered to the general public for compensation, and which is open to transient guests intended for short-term stays and is not a rooming or boardinghouse.

Hotel, apartment, means a hotel which contains dwelling units or dwelling units and lodging rooms, and in which at least 50 percent of the gross floor area devoted to residential use shall be allocated to the dwelling units.

Human-scale design/development means site and building design elements that are dimensionally related to pedestrians, such as: small building spaces with individual entrances (for example: as is typical of downtowns and main street developments); larger buildings that have articulation and detailing to break up large masses; narrower streets with tree canopies; smaller parking areas or parking areas broken up into small components with landscaping; and pedestrian amenities, such as sidewalks, plazas, sidewalk furniture, lighting, weather protection (awnings or canopies), and similar features. These features are all generally small in scale than those that are primarily intended to accommodate automobile traffic.

Impervious surface means surface area that does not allow water infiltration, or has a runoff coefficient of 0.90 or more (for example: non-permeable pavement, solid rock, roofs, foundations, underground tanks and vaults, and similar areas).

Infill means the development of vacant land located in an area that is mainly developed.

Junkyard means an open area where waste or scrap metals or materials are kept, discarded, abandoned, bought, sold, exchanged, sorted, baled, packed, disassembled, or handled, for disposition. The term "junkyard" includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. May also be referred to as a salvage yard.

Kennel means any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals over four months of age are kept, or on which more than two such animals are boarded for compensation or kept for sale.

Landscaping means any combination of living plants such as trees, shribs, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, plazas works of art, reflective pools, fountains for the like. Also includes irrigation systems, mulches, topsoil and re-vegetation or the preservation.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an employee, it shall mean the person in whose name the sexually oriented business employee license has been issued.

Lifestyle center means a shopping center designed as a mixed-use retail and commercial service development that combines the traditional retail and commercial functions of a shopping mall but with leisure and pedestrian amenities generally oriented towards consumers with a higher than average percentage of disposable income, sometimes labeled "boutique malls."

Lodginghouse means a dwelling containing one or more lodging rooms and in which lodging or meals are provided for compensation on a weekly or monthly basis to one or more persons who are not of the keeper's family.

Lodgingroom means a room rented as sleeping and living quarters, without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodgingroom for the purposes of this chapter.

Lot means a zoning lot except as the content shall indicate a lot of record, in which case a lot is a lot of record. The term "lot" includes plot, price, and parcel of land.

(1)

Lot area means the area of a horizontal plane bounded by the front, side, and rear lot lines.

(2)

Lot, corner, means a lot situated at the intersection of two streets, the interior angle of the intersection not exceeding 135 degrees.

(3)

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

(4)

Lot line, front, means that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line.

(5)

Lot line, rear, means that boundary of a lot which is most distant from, or is most nearly parallel to the front lot line.

(6)

Lot line, side, means any boundary of a lot which is not a front lot line or rear lot line.

(7)

Lot of record means an area of land designated as a lot on a plat of subdivision recorded or registered pursuant to statute with the county recorder.

(8)

Lot, reversed corner, means a corner lot of which the side lot line adjoining the street is substantially a continuation of the front lot line of the first lot to its rear.

(9)

Lot, through, means a lot other than a corner lot having a pair of opposite lot lines along two more or less parallel public streets. Both street lines shall be considered as front lot lines.

(10)

Lot width means the mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.

(11)

Lot, zoning, means a single tract of land located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Manufactured home means a type of dwelling unit that is largely assembled in a factory and then transported to a site, constructed in accordance with federal manufactured housing construction and safety standards (United States Department of Housing and Urban Development Code) in effect after June 15, 1976.

Marquee or canopy means a rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

Massage parlor means any place where for any form of consideration of gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Medical or dental clinic means a facility operated by two or more physicians and other employees, and providing health services for the outpatient treatment of persons suffering from injuries or from physical or mental ailments. The term "medical or dental clinic" shall include the term group medical center.

Medical or dental office means a facility operated by one physician and not more than two other employees, and providing health services for the outpatient treatment of persons suffering from injuries or from physical or mental ailments.

Mitigation means to avoid through negotiation or to rectify, repair or compensate for negative impacts that result from the actions of others deemed liable or responsible (for example, improvements to a street may be required to mitigate for transportation impacts resulting from the development).

Mixed-use development means the combination of more than one type of land use in a single building or a single development of more than one building and land use, meaning some combination of residential, commercial, industrial, office, institutional, or other land uses are in close proximity planned as a unified complementary whole and functionally integrated to the use of shared vehicular and pedestrian access including shared-parking areas.

Mobile home means a type of dwelling unit built in a factory, rather than on site, and then taken to the place where they will be occupied. They are usually transported by tractor-trailers over public highways and are often associated with rural areas and high-density developments, sometimes referred to as "trailer parks" or "mobile home parks." Mobile homes are usually placed in one location, often a rented lot within a trailer park or mobile home park, and left there permanently. However, they do retain the ability to be moved, as this is a requirement in many areas. Behind the cosmetic work fitted at installation to hide the base, there are strong trailer frames, axles, wheels and tow-hitches. Reference "residential trailer."

Motor freight terminal means a building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment.

Motor vehicle repair, major, includes engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening; or repair and overall painting of vehicles.

Motor vehicle repair, minor, includes incidental repairs, replacement of parts and motor service to motor vehicles, but does not include any operation specified under major motor vehicle repairs.

Multi-dwelling development means a grouping of individual structures where each structure contains 2 or more dwelling units. The land on which the structures are constructed is not subdivided into separate lots but rather under one real property key number for tax purposes and single ownership. There is no requirement for the structures on the sites to be attached.

Nameplate means a sign indicating the name or address of a building or the name of an occupant thereof, and the practice of a permitted occupation therein.

Neighborhood means a residential area usually having a distinguished character or geography with a corresponding name for said area.

Net site area means the entire land area within the boundaries of a site, less one half the area of any vacated streets or alleys.

New development means development on a site which is absent of prior real property or accessory exterior improvements, that may include redevelopment of a site previously improved or that has had existing buildings demolished or razed to accommodate development, and therefore not a remodel or reuse of a building or structure.

Nonconforming building or structure means any building or structure which does not comply with all of the regulations of this chapter or any amendment governing bulk for the zoning district in which the building or structure is located; or is designed or intended for a nonconforming use.

Nonconforming use means any use of land, buildings, or structures which does not comply with all the regulations of this chapter or any amendment governing use for the zoning district in which the use is located.

Noxious matter means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple.

Octave band refers to a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Octave band filter means an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

Off-street parking means all off-street areas designated, used, required or intended to be used for the parking of motor vehicles.

On-street parking means parking in the street right-of-way, typically in parking lanes or bays. Parking may be "parallel" or "angled" in relation to the edge of the right-of-way or curb and in accordance with parking standards and requirements.

Open space means land within a public, common, private, active or passive development that has been dedicated in common ownership within a development or to the public specifically for the purpose of providing places for recreation, conservation or other open space land use.

Operate or cause to be operated or operator means to cause to function or to put or keep in a state of doing business. The term "operator" means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

Orientation means to cause to face toward a particular point of reference (e.g., a building is orientated to the street).

Outdoor commercial use means a use supporting a commercial activity that provides goods or services, either wholesale or retail, where the amount of site area used for outdoor storage of materials for display of merchandise exceeds the floor area of all buildings on the site. Examples of outdoor commercial uses include, but are not limited to: automobile sales or service, nurseries, home improvement centers, lumberyards, or equipment rental businesses.

Overlay zone/district. Overlay zones impose stricter standards and/or requirements than the underlying land use zone or district. Such a zone or district exhibits unique characteristics of land or neighborhood or the types of development existing or planned that require special regulations or standards unique to the area.

Parking facility means any facility or combination of facilities for motor vehicle parking which contains six or more parking spaces.

Pedestrian amenities means areas and objects that serve as places for public socialization and enjoyment and area usually closed to motorized vehicles (examples include: plazas; building frontage areas - extra wide sidewalks; street furnishings - benches, drinking fountains, bus waiting shelters; and pocket parks adjacent to a street; and similar areas and objects (sidewalks designed to meet the minimum sidewalk width standards for the city are not amenities for the purposes of this chapter.

Pedestrian-oriented development means development that is designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than on auto access and parking areas. The building in generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street. Typically, buildings cover a large portion of the site. Although parking areas may be provided, they are generally limited in size and they are not emphasized by the design of the site.

Performance standard means a criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire, explosive hazards, and glare or heat generated by or inherent in uses of land or buildings.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Physically handicapped person means a person who has been issued a special registration plate for a motor vehicle by the state bureau of motor vehicles.

Planned development means a tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings and which is at least four acres in area, except for planned developments operated by a municipal corporation which shall be at least two acres in area, and manufacturing planned developments which shall be at least ten acres in area.

Planter strip means a landscape area for street trees and other plantings within the public right-of-way, usually a continuous planter are between the street and a sidewalk.

Plaza means an area open to the public on a controlled basis and used for passive recreational activities and relaxation. Plazas are paved areas typically provided with amenities, such as seating, dining and ornamental fountains, art, trees, and landscaping for use by pedestrians.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.

Redevelopment means the cooperative public-private process of clearing away existing improvements on a property and replacing them with new development or improvements designed to promote government policy goals.

Regularly featured or regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

Residential facility/group care facility means a short-term residence (less than 60 days) for a maximum of ten youths and for staff persons in a building originally constructed as a one- or two-family dwelling. The residence may provide emergency shelter care as certified by the state department of child services (DCS) as a group home under Rule 465 IAC 13.

Residential home/group home care means a long-term residence (over 60 days) for a maximum of ten youths and for staff persons in a building originally constructed as a one- or two-family dwelling. The residence may provide residential care alone, or in conjunction with training or treatment and must be certified by the state department of child services (DCS) as a group home under Rule 465 IAC 12.

Residential home/group home private secure care institution means a long-term residence (over 60 days) that may exceed ten youths but no more than 15 youths and for staff persons in a structure meeting the I-3 building code. The residence shall provide residential care in conjunction with training or treatment for youths gravely disabled with behaviors capable of being harmful to themselves or others which may require a locked facility. Such a facility must be certified by the state department of child services (DCS) as a group home under Rule 465 IAC 12.

Residential trailer means a mobile home that was not constructed in accordance with federal manufactured housing construction and safety standards (United States Department of Housing and Urban Development), in effect after June 15, 1976.

Restaurant means any land, building, or part thereof other than a boarding house, where meals are prepared and sold to the public for consumption on the premises, including a cafe, cafeteria, coffee shop, lunch room, drive-in stand, tea room, and dining room.

Rest home, nursing home, convalescent home or institution for the aged or for children means an institution where children or aged or infirm persons reside, where inpatient nursing care may be provided to persons suffering from physical or mental ailments, where daily outpatient nursing care may be provided, and where administrative and staff offices and living quarters operated as an integral part of the institution may be provided. The term "rest home" shall include day care centers, and institutions where daily outpatient nursing care is provided.

Right-of-way means an area that allows for the passage of people or vehicles. The term "right-of-way" includes passageways such as freeways, parking lanes, parkways, pedestrian connections, alleys, streets, and sidewalks. A right-of-way may be dedicated or deeded to the public for public use and under the control of a public agency, or it may be privately owned. A right-of-way that is not dedicated or deeded to the public will be in a tract of land.

Semi-nude or state of semi-nudity means a state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this article that a person appearing in a state of nudity or semi-nudity or semi-nudity did so in a modeling class operated:

(1)

By a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b.

Where, in order to participate in a class a student must enroll at least three days in advance of the class.

Senior housing means housing designated and/or managed for persons ove a specified age, for which age restrictions may apply.

Sensible growth means the concept of sensible growth has evolved from interest in "smart growth" that began in the 1980s and is the confluence of two compatible but different planning initiatives for sustainable development and growth:

(1)

The need for sound planning as a basis for decisions about growth; and

(2)

The application of common sense to many of the growth issues facing communities today.

Sexual conduct includes the following:

(1)

The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

(2)

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy;

(3)

Masturbation; and

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

Sexual encounter establishment means a business or commercial establishment, that as one of its principle business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or when one or more of the persons is semi-nude.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio, or sexual encounter establishment. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Sexually oriented entertainment activity means the sale, rental, or exhibition for any form of consideration, of books, films, videocassettes, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.

Shared parking means required parking facilities for two or more land uses, structures, or lots or parcels, which are satisfied jointly with the same facilities.

Shopping street means a driveway in a commercial development that is designed to mimic a public street with sidewalks, tree wells, pedestrian lighting, street furnishings or pedestrian amenities. A shopping street may also have on-street parking.

Sign means a name, identification, description, display, or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, the term "sign" shall not include any display of official court or public office notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. The term "sign" shall not include a sign located completely within an enclosed building. Each display surface of a sign shall be considered to be a sign.

(1)

Sign, advertising, means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located or to which it is affixed.

(2)

Sign, business, means an accessory sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where the sign is located or to which it is affixed.

(3)

Sign, flashing, means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when the sign is in use. Any revolving, illuminated signs shall be considered a "flashing sign."

(4)

Sign, gross surface area of, means the entire area within a single continuous perimeter enclosing the extreme limits of the sign and in no case passing through or between any adjacent elements of same. However, the perimeter shall not include any structural or framing elements lying outside the limits of the sign and not forming an integral part of the display.

Sound level meter means an instrument standardized by the American Standards Association for measurement of intensity of sound.

Specified anatomical area.

(1)

The term "specified anatomical area" includes the following:

a.

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

b.

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

(2)

Specified anatomical areas means human genitals, anus, cleft of the buttocks, or the female breast.

Specified sexual activity means any of the following:

(1)

Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in subsection (1) of this definition.

Storefront character means the character expressed by buildings placed close to the street with ground-floor display windows, weather protection (awnings or canopies), corner building entrances or recessed entrances, and similar features.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this chapter when more than one-half of the basement height is above the established curb level, or above the finished lot grade level where curb level has not been established.

Street means a public right-of-way which affords a primary means of access to abutting property.

Street furniture/furnishings means benches, lighting, bicycle racks, drinking fountains, mail boxes, kiosks, or similar pedestrian amenities; may be located within a street furnishing zone or building from zone of a sidewalk or in a plaza (see also "pedestrian amenity").

Street line means a line separating a zoning lot or parcel from a street.

Structural alteration means any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams or girders.

Structure.

(1)

The term "structure means anything constructed or erected which is attached to the ground and shall include signs of all kinds.

(2)

The term "structure" means any object constructed in or on the ground. The term "structure" also includes buildings, decks, fences, towers, flag poles, signs and other similar objects. The term "structure" does not include paved areas or vegetative materials.

Sustainable growth/development means land use development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend without compromising the ability of future generations to meet their own needs.

Tavern means a building wherein intoxicating liquors are sold to be consumed on the premises, not including restaurants where the principal business is serving food.

Tourist court, motel means a group of attached or detached buildings located on a single zoning lot and containing individual sleeping or living units designed for or used by transient automobile tourists.

Tourist home means a dwelling in which meals or lodgings or both are provided or offered to transient guests for compensation.

Toxic and infectious materials means those materials, compounds, or mixtures used in the manufacturing process or generated as a product or waste which as discharged and upon exposure, ingestion, or inhalation may be dangerous, hazardous or injurious to any organism or the environment. Those materials identified as toxic in any of the following:

(1)

The most recent edition of the United States Department of Transportation's Guidebook for Hazardous Material Incidents;

(2)

Any material safety data sheet (MSDS) that is available for that material, compound or mixture;

(3)

The most recent edition of Hawley's Condensed Chemical Dictionary; or

(4)

The most recent of Sax's Dangerous Properties of Industrial Materials (Ordinance No. 7394, 11-20-2002).

Trailer park, house, means any premises on which are parked one or more vehicles designed, intended, arranged or used for living or sleeping purposes, or any premises used or held out for the purpose of supplying to the public a parking space for two or more such vehicles, whether such vehicles stand on wheels or rigid supports.

Transfer of ownership or control (of a sexually oriented business) means any of the following:

(1)

The sale, lease, or sublease of the business;

(2)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Truck stops, motor freight terminals or truck fuel sales means any place, building, site, or portion thereof, where trucks, trailer trucks, buses, tankers, and other vehicles, primarily used for freight transport and cartage make their stop for the purpose of loading and unloading freight; dispatching, storage of cargo; and also any place, building, site or portion thereof dispensing gasoline, diesel fuel, kerosene, stored only in underground tanks; lubricating oil or grease for operation of freight vehicles offered for sale directly to the public on the premises including minor accessories and services such as restaurants or lounge, weight scales, showers, convenient stores, and any other ancillary services.

Use means the purpose or activity for which the land or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner or performance of such activity with respect to the performance standards of this chapter.

Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use.

Used for includes the phrases arranged for, designed for, intended for, maintained for, and occupied for.

Vehicle areas means all of the areas on a site where vehicles may circulate or park including parking areas, driveways, drive-through lanes, and loading areas.

Viewing room means the room, booth, or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other video reproduction.

Waste collection areas means areas set aside or designed to be used for garbage collection and collection of materials for recycling. Waste collection areas include areas occupied by dumpsters and other solid waste receptacles.

Wireless communication equipment means cellular towers, antennae, monopoles and related facilities used for telecommunication and radio signal transmission and receiving.

Yard means an open space on a zoning lot which is unoccupied and unobstructed from ground level or lowest level otherwise specified, to the sky, except as otherwise allowed in section 123-333. A yard extends along a lot line and at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the zoning lot is located.

(1)

Yard, front, means a yard extending along the full length of the front lot line between the side lot lines.

(2)

Yard, rear, means a yard extending along the full length of the rear lot line between the side lot lines.

(3)

Yard, side, means a yard extending along a side lot line from the front yard, or front lot line when there is no front yard, to the rear yard, or rear lot line when there is no rear yard.

(Code 1960, §§ 6-402, 6-403; Code 1989, § 163.003; Ord. No. 3376; Ord. No. 3764; Ord. No. 3786; Ord. No. 3925; Ord. No. 3926; Ord. No. 4059; Ord. No. 6110, 3-18-1986; Ord. No. 6221, 12-22-1987; Ord. No. 6236, 4-5-1988; Ord. No. 6246, 6-22-1988; Ord. No. 6894, § 1, 5-20-1997; Ord. No. 7233, § 1, 5-15-2001; Ord. No. 7394, § 1, 11-6-2002; Ord. No. 8256, § 1(163.003), 2-17-2009)

This chapter is adopted for the following purposes:

(1)

To promote the public health, safety, comfort, morals, convenience, and general public welfare.

(2)

To protect the character and the stability of the residential, business, and manufacturing areas within the city and to promote the orderly and beneficial development of these areas.

(3)

To provide adequate light, air, privacy and convenience of access to property, and safety from fire, flood, and other danger.

(4)

To regulate the intensity of use of land and lot areas and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and to protect the public health.

(5)

To lessen or avoid congestion in the public ways.

(6)

To provide for the needs of residential, business and industrial land use development and future growth that concurrently achieves economic development and jobs, strong neighborhoods and healthy communities consistent with accepted planning and development principles and initiatives.

(7)

To promote healthly surroundings for family life in residential areas that establishes strong residential neighborhoods with a range of housing options while maintaining and enhancing the values of property and creating a sense of community.

(8)

Establish and designate zoning district classifications, which may be for agricultural, commercial, industrial, residential, special or unrestricted uses and any subdivision or combination of zoning district classifications which shall each regulate how real property is developed, maintained and used.

(9)

To fix reasonable standards to which buildings or structures shall conform.

(10)

To prohibit land uses, buildings, or structures which are incompatible with the character of development or to allow land uses authorized within specified zoning districts.

(11)

To prevent additions, alterations, or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed by this chapter.

(12)

To protect against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and general welfare.

(13)

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each zoning district, by regulating the use and bulk of buildings in relation to the land surrounding them.

(14)

To conserve the taxable value of land and buildings throughout the city.

(15)

To provide for the gradual elimination of nonconforming uses of land, buildings, and structures which adversely affect the character and value of desirable land use development in each district.

(16)

To define and limit the powers and duties of the administrative officers and bodies, as provided in this chapter.

(Code 1960, § 6-201; Code 1989, § 163.002; Ord. No. 3376; Ord. No. 8256, § 1(163.002), 2-17-2009)

In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare. Where the conditions imposed by any provisions of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern. This chapter is not intended to abrogate any easement, covenant, or any other private agreement; however, where the regulations of this chapter are more restrictive or impose higher standards or requirements than the easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(Code 1960, § 6-501; Code 1989, § 163.004; Ord. No. 3376; Ord. No. 8256, § 1(163.004), 2-17-2009)

Except as may otherwise be provided in sections 123-81 through 123-88, all buildings erected, all uses of land or buildings established, all structural alteration or relocation of existing buildings, and all enlargements of or additions to existing uses, shall be subject to all regulations of this chapter which are applicable to the zoning districts in which the buildings, uses, or land shall be located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which chapter is derived, and the construction has begun within one year of said effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and, upon completion, may be occupied under a certificate of occupancy by the use for which originally designated, subject to the provisions of sections 123-81 through 123-88.

(Code 1960, § 6-502; Code 1989, § 163.005; Ord. No. 3376; Ord. No. 8256, § 1(163.005), 2-17-2009)

Prior to the annexation of any territory to the city, a plan for zoning the area to be annexed shall be forwarded to the common council by the city plan commission.

(Code 1960, § 6-503; Code 1989, § 163.006; Ord. No. 3376; Ord. No. 8256, § 1(163.006), 2-17-2009)

(a)

Amendments to the zoning code may be proposed by the common council, or petitions, duly signed, may be presented to the city clerk requesting an amendment, supplement, or change of the regulations of the zoning code by the plan commission, or the owners of 50 percent or more of the area involved in the petition. The term "amendment" shall include the terms supplement, change or repeal, as applied to the regulations of the zoning code. Any proposed ordinance for the amendment of this zoning code not originating from petition of the plan commission shall be referred to the plan commission for consideration and report before any final action is taken by the common council.

(b)

Before submission to the common council of a plan commission petition or report on a proposed ordinance referred to the plan commission for an amendment to the zoning code, the plan commission shall hold a public hearing thereon. At least ten days prior to the date set for hearing, the plan commission shall publish in a newspaper of general circulation in the city a notice of the time and place of the hearing.

(1)

In the event that the report of the plan commission is adverse to a proposed amendment referred to it, the amendment shall not be passed except by an affirmative vote of at least 75 percent of the members of the common council.

(2)

When a lot, lots, or parcel of land has less than 100 feet of frontage, or less than 10,000 square feet of area, no amendment shall be passed to change the zoning district in which the lot, lots, or parcel of land is located except where, in the event of passage of the amendment, the lot, lots, or parcel of land would be in the same zoning district as an adjoining lot, lots, or parcel of land.

(c)

Public hearing before common council. Before any action can be taken by the common council on a proposed ordinance for an amendment to this chapter, the common council shall hold a public hearing thereon. At least ten days prior to the date set for hearing, the common council shall publish in a newspaper of general circulation in the city a notice of the time and place of the hearing. The common council may require the petitioner the same kind of evidentiary material required by the plan commission, or such additional information as the common council may deem necessary. Adequate notice shall be given to the petitioner whenever the common council shall require additional information.

(Code 1960, § 6-1311; Code 1989, § 163.040; Ord. No. 3376; Ord. No. 5704, 2-24-1981; Ord. No. 8256, § 1(163.040), 2-17-2009)