For the purpose of this chapter certain terms and words are herewith defined. When not inconsistent with the context, words used in the singular shall include the plural, the plural shall include the singular, and the present tense shall include the future.

(Code 1969, § 5.2; Code 1977, § 28-16)

Accessory buildings means a building on the same lot with the main building or part of the main building subordinate or accessory to and occupied by or devoted exclusively to an accessory or subordinate use to the principal building.

Accessory use means a use of land or portion of the building customarily incidental to the actual principal use of the land or building and located on the same parcel of property with such principal use.

Alley means a public thoroughfare or way, providing only a secondary means of access to abutting premises, generally located at the rear of the land.

Alteration means any change or rearrangement in the structural parts or in the existing facilities; or an enlargement, whether by extending on a side or by increasing in height; or in the moving from one location or position to another.

Apartment house means an apartment house is a dwelling for three or more families, living independently of each other and doing their cooking upon the premises. An efficiency apartment is a one-story building with all living units on the ground floor level and each living unit having its own outside entrance.

Basement means that portion of a building partly below grade, but so located that the vertical distance from grade to the floor is not greater than the vertical distance from the grade to the ceiling; provided, however, that if the vertical distance from the grade to the ceiling is five feet or more, such basement shall be counted as a story.

Benefit, recognizable and substantial means a clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and use; including, without limitation:

(1)

Long-term protection;

(2)

Preservation of natural resources and natural features;

(3)

Historical and/or architectural features of a significant quantity;

(4)

Quality in need of protection or preservation on a local, state; and/or

(5)

National basis; reducing to a significant extent the nonconformity of a nonconforming use or structure (i.e., modification of a nonconforming use or structure so that, to a significant extent, it is rendered more conforming, or less offensive, to the zoning district in which it is situated).

Block, includes the property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way. In case of a cul-de-sac street, a block shall include the property on one side of the street lying between the one intersecting street and the extension of the centerline of the cul-de-sac street through the property facing the turnaround at the closed end of the street.

Boardinghouse or roominghouse means any dwelling occupied in any such manner that certain rooms in excess of those used by members of the family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide therein or therewith cooking or kitchen accommodations for individuals leasing or renting rooms.

Boat port means a building or structure having a roof and is open on all four sides.

Building means a structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

Building line means the front line of the principal building or legally established line which determines the location of the building with respect to the street line.

(Code 1969, § 5.3; Code 1977, § 28-17; Ord. No. 23-QQ, 3-14-1988)

Canal means a connecting body of water not less than four feet deep at low water stage and not less than 60 feet wide at water level at the four foot depth.

Carport means an accessory structure attached to a principal building, having a roof with one or more open sides and for the prime purpose of sheltering motor vehicles.

Certified survey means a certificate of survey performed by a registered surveyor, delineating the line along which the fence is to be erected.

Clinic means a public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by a group of doctors acting conjointly and in the same building for the purpose aforesaid.

Common open space means real estate preserved for passive or active purposes which is void of nonrecreational structures and is under common ownership for the use and enjoyment of a community of individuals.

Community impact statement means an assessment of the developmental, ecological, social, economic and physical impacts of the project on the natural environment and physical improvements on and surrounding the development site. Information required for compliance with other ordinances shall not be required to be duplicated in the community impact statement.

Deck means a roofless outdoor platform constructed of any material, commonly projecting from the wall of a building, and typically supported by means other than the building.

Domestic help means only those persons hired by the householder for the purpose of providing domestic services and maintenance of the household.

Dwelling means any house or building or portion thereof which is occupied wholly as the home, residence or sleeping place of one or more human beings, either permanently or transiently. In case of mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed a part of a dwelling. Automobile trailers or similar portable dwellings, tourist cabins or tents, shall not be considered dwellings.

Dwelling, efficiency unit, means a dwelling unit consisting of one room, exclusive of bathroom, kitchen, closets or dining alcove directly off the principal room, providing not less than 350 square feet of floor area.

Dwelling, multiple, means a building used or intended to be used as a dwelling by three or more families, or as an apartment house.

Dwelling, one-family, means a dwelling so designed and arranged to provide sleeping, cooking and kitchen accommodations and toilet facilities for occupancy by one family only, together with such domestic help as are necessary to service and maintain the premises and their occupants.

Dwelling, single-family terrace, means a building or structure occupied by three or more families, where each dwelling unit is divided from the one adjacent to it by a party wall extending the full height of the building. Each dwelling unit is capable of individual use and maintenance without trespassing upon adjoining properties, and utilities and service facilities are independent for each property and not more than two stories in height.

Dwelling, two-family, means a dwelling so designed and arranged to provide sleeping, cooking and kitchen accommodations, and toilet facilities for occupancy of two families only, together with such domestic help as are necessary to service and maintain the premises and their occupants.

(Code 1969, § 5.4; Code 1977, § 28-18; Ord. No. 23-Q, 9-28-1970; Ord. No. 107, § 1, 4-16-1980; Ord. No. 23-QQ, 3-14-1988; Ord. No. 362, 7-27-2011; Ord. No. 387, 8-14-2017)

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare.

Family means to constitute a man and wife or a father or a mother and their children by natural birth or adoption and the parents of either or both and may also include two additional persons who occupy rooms for which compensation may or may not be paid; provided any group of persons, not so related, but inhabiting a single housekeeping unit, shall be considered to constitute one family for each five persons, exclusive of domestic employees in each group.

Fence means an artificially constructed barrier constructed of any manufactured material or combination of materials which are durable, weather resistant, easily maintained, ornamental in nature, and commonly available for purchase for use on private property which is erected for providing security, privacy screening, enclosing, dividing, or separating yard areas, or to mark a boundary or property line of any sort as determined by the city. Examples of such fences include chain link, wrought iron, lattice, board on board, and stockade. Agricultural fences such as, but not necessarily limited to, barbed wire fences, woven wire fences, cable wire fences, mesh wire fences, and high tensile wire fences, are expressly prohibited.

Fence, decorative means an artificially constructed barrier constructed of any manufactured material or combination of materials which are durable, weather resistant, easily maintained, ornamental in nature, and commonly available for purchase, for use on private property and which is constructed so that the surface area of any fence segment or fence panel is less than 50 percent opaque as viewed perpendicularly to its vertical surface. Examples of such fences include picket, split rail, wrought iron, rope and post, and post and rail. Agricultural fences, natural fences, and fences consisting of chain link, sheet metal or pipe are expressly prohibited.

Fence, natural, means a naturally growing or intentionally planted grouping of trees, shrubs, or other woody landscaping materials that has the effect of enclosing, screening, or separating areas and/or marking a boundary or line of any sort and that, based on typical growing conditions, will form a visual or physical barrier at a point at or above 30 inches above grade.

Fence, panel means an artificially constructed barrier constructed of any manufactured material or combination of materials which are durable, weather resistant, easily maintained, ornamental in nature, and commonly available for purchase on private property which is erected for solely for providing privacy screening and not for security, enclosing, dividing, or separating yard areas, or to mark a boundary of property.

Fence, protective measures means a fence erected for the express purpose of protection of the enclosed area other than residential areas.

First floor means the first floor is the floor of a building approximately at or at the first floor above the mean level of the established grade.

Floor area means:

(1)

For computing the allowable floor area in one-family residential, two-family residential and single-family terrace units, floor area shall be the sum of the horizontal areas of the one or more floors of a building measured from the exterior walls, exclusive of basements, unfurnished rooms or attics, attached garages, breezeways, enclosed or unenclosed porches and utility rooms having three exterior walls.

(2)

Floor area for multiple-family units shall be the area included between the outside face of the exterior walls, excluding basements, utility or accessory rooms, common hallways and common stairways.

(3)

Floor area for other than residential purposes shall be the area enclosed between the outside face of the exterior walls of the building or structure.

Floor area, liveable, means the area of the first floor, the area of the floor next above and/or the area under a sloping roof having a minimum height of five feet when one-half of the room has a ceiling height of seven feet six inches.

(Code 1969, § 5.5; Code 1977, § 28-19; Ord. No. 23-Q, 9-28-1970; Ord. No. 287, § 1, 7-8-2002; Ord. No. 379, 3-29-2015; Ord. No. 387, 8-14-2017)

Garage, community, means a space or structure or series of structures for the storage of motor vehicles having no public shop or service therewith, for the use of two or more owners or occupants of property in the vicinity.

Garage, major vehicle repair, means an enclosed structure, other than a private or community garage, for the storage, repair, and refinishing of motor vehicles for a profit. Work may include major engine repair, bumping, painting, frame repair, and refinishing.

Garage, private, means a space or structure for the storage of not more than three motor vehicles, having no public shop or services in connection therewith for the use solely of the owner or occupant of the principal building on a lot for his family or domestic employees.

Garage, public, means a space or structure, other than a private or a community garage, for the storage of motor vehicle for a profit. Permitted work excludes bumping, painting, frame repair, and refinishing of motor vehicles.

Gasoline service station means a building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles or boats and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the storage, repair or servicing, but not including bumping, painting or refinishing thereof.

Grade means:

(1)

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of all walks adjoining the street.

(2)

For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the center of the walls adjoining the streets.

(3)

For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.

Greenbelt means an eight-foot planting strip composed of deciduous trees, spaced not more than 40 feet apart and not less than one row of shrubs, spaced not more than five feet apart and which grow at least five feet or more in height after one full growing season, which shall be planted and maintained in a healthy growing condition by the property owner or lessee. A 20-foot greenbelt shall be a planting strip composed of two rows of deciduous and/or evergreen trees, spaced alternately at not more than 40 feet apart and not less than three rows of shrubs, spaced at not more than eight feet apart and which grow at least to a height of five feet or more after one full growing season and which shrubs will eventually grow to a height of not less than 12 feet at maturity, which shall be planted and maintained in a healthy growing condition by the property owner or lessee.

Hazardous uses means all uses which involve the storage, sale, manufacture or processing of materials which are risky and combustible and are likely to burn with moderate rapidity and with a considerable volume of smoke, but from which neither poisonous fumes nor explosions are to be anticipated in the event of fire, and as listed by the Basic Building Code 1954 amended edition prepared by the Building Officials Conference of America, Inc.

Height of a building means the vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line for a mansard roof, to the mean height level between the eaves and ridge for hip, gabled and gambrel roofs.

Home occupation means an occupation carried on by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes.

Horse stables, public or private, means a facility that shall be used to board and train both riders and horses. Private and public riding lessons may be provided at the facility and special events related to equine activities and social events may occur at the facility. The facility may include: barns; pastures; training and competition corrals; viewing areas; vehicular staging and parking areas; locker/restrooms; and clubhouse/special events spaces.

Hospital means a building, structure or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the health department of the state.

Hotel means a building occupied as a more or less temporary abiding place for individuals who are lodged, with or without meals, in rooms occupied singly for hire, in which provision is not made for cooking on any individual plan and in which there are more than ten sleeping rooms, a public dining room for the accommodation of at least 20 guests and a general kitchen.

(Code 1969, § 5.6; Code 1977, § 28-20; Ord. No. 195, 6-14-1993; Ord. No. 422, Art. I, 5-13-2024; Ord. No. 423, Art. I, 9-9-2024)

Industrial, medium, means a use engaged in the production of goods and materials from raw materials, usually for sale to wholesalers or other industrial or manufacturing uses and whose external, physical effects are restricted to the area of the district.

Kennel means any lot or premises on which three or more dogs are kept, or either permanently or temporarily boarded.

Lot means a piece or parcel of land occupied or to be occupied by a building and its accessory building, or by any other activity permitted thereon and including the open spaces required under this chapter. A lot may or may not be a lot of existing record.

Lot, corner, means a corner lot is a lot of which at least two adjacent sides abut for their full length upon a street.

Lot, double frontage, means an interior lot having a street line for both front lot line and rear lot line.

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

Lot, waterfront, means a waterfront lot is a piece or parcel of land having one side which faces or adjoins a street or right-of-way and having the opposite side which adjoins a body of navigable water.

Lot coverage means the part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot line, front, means in the case of a lot abutting upon one street, the front lot line is the line separating such lot from such street. In case of any other lot, one such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated in the building plans filed for approval with the building inspector.

Lot line, rear, means the rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line, not less than ten feet long, lying most distant from the front lot line and wholly within the lot.

Lot line, side, means a side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior lot line.

Lot of record. A lot of record is a lot the dimensions of which are shown on a plat record in the office of the register of deeds and which actually exists as so shown.

(Code 1969, § 5.7; Code 1977, § 28-21; Ord. No. 23-Q, 9-28-1970; Ord. No. 349, 5-10-2010; Ord. No. 422, Art. I, 5-13-2024)

Manufacturing, general, means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage or manufacturing processes that potentially involve hazardous materials or commonly recognized offensive conditions.

Manufacturing, light, means a use engaged in research and development activities or the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or un-finished products from previously prepared and raw materials, which activities are conducted entirely within an enclosed, substantially constructed building and whose external, physical effects are restricted to the area of the district.

Marina means an establishment which provides wharf or dock space, and individual boat dockage areas or slips for privately owned and operated watercraft such as sailboats, power boats, and other recreation sport-boats or craft, not to exceed a draft of 7½ feet, and the incidental servicing of such watercraft, including the furnishing of electricity and disposal of bilge waste, sales of fuel, food and equipment incidental to such recreational boating use. Also the providing of fresh water, temporary lighting and/or automobile parking facilities for the convenience of watercraft owners making use of such facilities.

(1)

The term "marina" also includes the sale of watercraft and the display thereof in showrooms, and the winter storage of boats in water or out of water.

(2)

The term "marina" does not apply to an establishment that provides for the rental of space to any moored watercraft, which is used primarily as a dwelling by its owner or occupant.

Medical marihuana home occupation means a medical marihuana primary caregiver activity as described and regulated in section 44-109.

Mobile home means a portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed without a permanent foundation for year-round living.

Motel or motor court means a building or a group of buildings in which overnight lodging is provided and offered to the public for compensation and catering primarily to the public traveling by motor vehicle.

Natural feature includes soils, wetlands, floodplains, water bodies, topography, vegetative cover and geologic formations.

Occupancy load means the number of individuals normally occupying the building or part thereof or for which the existing facilities have been designed.

Off-street parking lot means a facility other than for single-family dwellings providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.

Ordinary high water mark means that point on a bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, deconstruction of terrestrial vegetation, or other easily recognizable characteristic. Where the bank or shore at any particular place is of such character that it is difficult to ascertain where the point of the ordinary high water mark is, recourse may be had to other places on the bank or shore of the same stream, river, or lake to determine whether a given stage of water is above or below the ordinary high water mark.

Parking space means a paved surface at least nine feet wide by 18 feet long, that is accessible and can be used at all times for parking a motor vehicle. Except as otherwise provided under article VI of this chapter, parking spaces shall be defined exclusive of driveways, fire and sanitary lanes and commercial loading areas.

Planned development means the land area with a specified minimum acreage which is to be developed as a single entity according to a plan, consisting of one or more concentrations of structures.

Planned unit development means a planned unit development may include such concepts as cluster development, planned development, community unit plan, planned residential development, and other terminology denoting zoning requirements designed to accomplish the objectives of this chapter through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area.

Plaza (or patio) means an open space that may be improved, landscaped or paved usually surrounded by buildings or streets.

Portable storage container means any box-like and weather-resistant container transported by truck or trailer to a desired location, intended as an accessory use for the temporary storage or shipment of goods, wares or merchandise. A commonly accepted name for portable storage containers are PODS, an acronym for portable on-demand storage.

Public utility means a public utility is any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing to the public, under federal, state or municipal regulations, electricity, gas, steam, telephone or telegraph or other communication, transportation or water.

(Code 1969, § 5.8; Code 1977, § 28-22; Ord. No. 23-Q, 9-28-1970; Ord. No. 107, § 1, 4-16-1980; Ord. No. 23-QQ, 3-14-1988; Ord. No. 23-VV, 5-31-1988; Ord. No. 190, 6-22-1992; Ord. No. 355, 10-25-2010; Ord. No. 363, 6-27-2011; Ord. No. 377, 2-23-2015; Ord. No. 387, 8-14-2017; Ord. No. 422, Art. I, 5-13-2024)

Recognizable and substantial benefit. See the term "benefit, recognizable and substantial."

Recreational space means real estate devoted to recreational purposes which contains city-approved site improvements, including, but not limited to, shelters, swimming pools, tennis courts, and playground fixtures.

Salvage yard means a use or facility engaged in the storing, keeping, selling, dismantling, shredding, compressing, or salvaging of scrap or discarded material or equipment including, but not necessarily limited to, metal, bottles, machinery, structural steel, and appliances. This term also includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans and other products, commonly referred to as recyclable materials, which can be returned to a condition in which they may again be used in production.

Sign means any device, structure, fixture, flag, balloon, or placard which uses words, numbers, figures, graphic designs, logos or trademarks for the purpose of informing, identifying, displaying, directing or attracting the attention of persons to an object, establishment, institution, organization, product, goods, services, or other message to the general public by means including words, letters, figures, symbols, colors, illuminated or other projected images. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs which are visible from any public street, sidewalk, alley, park, or public property, but not signs which are primarily directed at persons within the premises upon which the sign is located.

Sign, accessory, means a sign which pertains to the use of the premises on which it is located.

Sign, animated, means a sign which uses lights, moving parts, or other means to depict action, create an image of a living creature or person, or create a special effect or scene.

Sign, awning, means a sign which is painted on, printed on, or attached flat against the surface of an awning.

Sign, banner, means a sign made of fabric, cloth, paper, or other non-rigid material that is typically not enclosed in a frame.

Sign, billboard. See the term "sign, off-premises advertising."

Sign, bulletin board, means a type of "changeable copy" sign which displays the name of an institution, school, library, community center, fraternal lodge, golf course, country club, park or other recreational facility, and which displays announcements of its services and activities upon the premises.

Sign, changeable copy, means a permanent sign or a portion thereof with letters, characters or graphics that are not permanently affixed to the structure, framing or background, allowing the letters, characters or graphics to be modified manually.

Sign, changeable copy (automatic), means a sign on which the message changes automatically (for example, electronic or electric time and temperature signs).

Sign, changeable copy (manual), means a sign on which the message is changed manually (for example, by physically replacing the letters).

Sign, community identification, means a sign placed at or near the entrance to a unified residential or nonresidential project consisting of at least five dwelling units or three acres in the case of nonresidential projects, and displaying the name of a residential community or other unified development such as a college, an apartment complex, condominium community, senior citizens housing complex, manufactured housing park, or similar use, excluding business centers.

Sign, community or special event, means temporary signs and banners, including decorations and displays celebrating a traditionally-accepted patriotic or religious holiday, or special municipal or school activities.

Sign, construction, means a temporary sign identifying the designer, contractors and subcontractor, and material suppliers participating in construction on the property on which the sign is located.

Sign, directional, means a sign which is intended to direct the flow of vehicular and pedestrian traffic to, from, and within a development site. Specifically enter, exit and parking signs. Business identification or logo on such a sign may be considered and calculated as part of the allowable square footage for a wall or freestanding sign.

Sign, electronic message center, means a changeable copy sign that utilizes computer-generated message or some other electronic means of changing copy.

Sign, festoon, means a string of ribbons, tinsel, small flags, pinwheels or lights, typically strung overhead in loops.

Sign, flashing, means a sign which contains an intermittent or sequential flashing light source.

Sign, freestanding, means a sign which is erected upon or supported by the ground, including "pole signs" and "ground signs."

Sign, gasoline price, means a sign which is used to advertise the price of gasoline. In the event that the brand identification sign is attached to or is a part of the sign advertising price, that portion of the sign used for advertising price shall be considered the gasoline price sign.

Sign, ground, means a three-dimensional, self-supporting, base-mounted freestanding sign, consisting of two or more sides extending up from the base, and upon which a message is painted or posted. A ground sign may also consist of a base-mounted cylindrical structure upon which a message is painted or posted.

Sign, illegal, means a sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.

Sign, incidental, means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples of incidental signs include credit card signs, signs indicating the hours of business, no smoking signs, signs used to designate bathrooms, and signs providing information on credit cards and business affiliations.

Sign, mansard, means a type of wall sign mounted on the face of a sloped roof or roof-like facade.

Sign, marquee, means a sign attached to or supported by a permanent roof-like structure or canopy, supported by and extending from the face of the building.

Sign, monument, means a sign extending upward from grade, which is attached to a permanent foundation, for a distance not less than 75 percent of its length, and which may be attached or dependent for support from any pole, posts, or similar uprights, provided that such supports are concealed within the sign structure.

Sign, moving, means a sign in which the sign itself or any portion of the sign physically moves or revolves. A "rotating sign" is a type of moving sign.

Sign, mural, means a design or representation which is painted or drawn on the exterior surface of a structure and which does not advertise a business, product, service, or activity.

Sign, nameplate, means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.

Sign, nautical theme, means a sign graphically depicting or resembles or makes reference to boating or yachting related activities, navigation of bodies of water, accessories, water-sports, and other concepts typical of waterfront communities, maritime ports and shipping activities.

Sign, neon. See the term "sign, outline tubing."

Sign, noncommercial, means a sign that contains noncommercial messages such as the designation of public telephones, rest rooms, restrictions on smoking, political or religious philosophy or opinion.

Sign, nonconforming, means:

(1)

A sign which is prohibited under the terms of this chapter, but was erected lawfully and was in use on the date of enactment of this chapter, or amendment thereto.

(2)

A sign which does not conform to the requirements of this chapter, but for which a variance has been granted.

Sign, obsolete, means a sign that advertises a product that is no longer made or that advertises a business that has closed.

Sign, off-premises advertising, means a sign which contains a message unrelated to a business or profession conducted or to a commodity, service, or activity sold or offered upon the premises where such signs are located. A billboard is a common example of an off-premises sign.

Sign, on-premises advertising, means a sign which contains a message related to a business or profession conducted or to a commodity, service, or activity sold or offered upon the premises where the sign is located.

Sign, outline tubing, means a sign consisting of glass tubing, filled with a gas such as neon, which glows when electric current is sent through it.

Sign, parapet, means a type of "wall" sign mounted on the face of an extension of a false front or wall above a roofline.

Sign, pole, means a type of freestanding sign that is elevated above the ground on poles or braces.

Sign, political, means a temporary sign relating matters to be voted on in a local, county, state, or national election or referendum.

Sign, portable, means a sign designed to be moved easily from place to place and not permanently affixed to the ground or to a structure. This includes hot-air and gas filled balloons, sandwich boards, banners, pennants, streamers, festoons, ribbons, tinsel, pinwheels, non-governmental flags and searchlights; but excludes political signs, real estate signs, construction signs, permanent changeable message signs, and regulatory/government signs.

Sign, poster, means a type of temporary sign that is used to draw attention to matters that are temporary in nature, such as price changes or sales. An "A" frame or sandwich signs are types of poster panel signs.

Sign, projecting, means a sign, other than a flat wall sign, that projects more than 12 inches from the face of the building or structure upon which it is located. A projecting roof sign is one that projects beyond the face or exterior wall surface of the building upon which the roof sign is mounted.

Sign, public, means a sign erected in the public interest by or upon orders from a local, county, state, or federal public official. Examples of public signs include: legal notices, safety signs, traffic signs, memorial plaques, signs of historical interest, and similar signs.

Sign, real estate, means an on-premises temporary sign which makes it known that real estate upon which the sign is located is for sale, lease, or rent.

Sign, real estate development, means a sign that is designed to promote the sale or rental of lots, homes, or building space in a real estate development (such as a subdivision or shopping center) which is under construction on the lot where the sign is located.

Sign, residential entranceway, means a sign which marks the entrance to a subdivision, apartment complex, condominium development, or other residential development.

Sign, roof, means any sign that extends above the roofline, or top edge of a roof or building parapet, whichever is higher, excluding cupolas, pylons, chimneys, or similar minor projections, or that is erected over the surface of the roof.

Sign, rotating. See the term "sign, moving."

Sign, temporary, means a sign not constructed or intended for long term use. Examples of temporary signs include signs which announce a coming attraction, a new building under construction, a community or civic project, or other special events that occur for a limited period of time.

Sign, time and temperature, means a sign which displays the current time and/or temperature.

Sign, vehicle, means a sign painted or mounted on the side of a vehicle, including signs on the face of a truck trailer.

Sign, wall, means a sign attached parallel to and extending not more than 12 inches from the wall of a building. Painted signs, signs which consist of individual letters, cabinet signs, and signs mounted on the face of a mansard roof shall be considered wall signs. Permanent signs which are not affixed directly to a window or are positioned next to a window so that they are visible from the outside, shall also be considered wall signs.

Sign, window, means a sign located in or on a window which is intended to be viewed from the outside. Permanent window signs which are not affixed directly to a window or are positioned next to a window so that they are visible from the outside, shall be considered wall signs.

Sound level, in decibels, is defined as the reading of a sound level meter, and associated octave band filter which conforms to the latest standards of the American Standards Association. The decibel reading shall be based on the 70 db weighting network and shall be the average of five readings taken at intervals approximately five feet apart, at a height of five feet above the established grade.

Story means a story is that part of a building included between the surface of one floor and the surface of the next floor. A story thus defined shall not be counted as a story when more than 50 percent of the height is below the established grade.

Story, half, means a half story is a story situated within the sloping roof, the area of which, at a height of four feet above the floor, does not exceed two-thirds of the floor area in the story directly below it; and the height above, at least 200 square feet of floor space, is seven feet six inches.

Street means a public thoroughfare or way affording a principal means of access to abutting property, for the purpose of this chapter, 60 feet or more in width.

Substantial benefit, recognizable and. See the term "benefit, recognizable and substantial."

(Code 1969, § 5.9; Code 1977, § 28-23; Ord. No. 107, § 1, 4-16-1980; Ord. No. 23-QQ, 3-14-1988; Ord. No. 293, § 1, 12-9-2002; Ord. No. 332, § 1, 8-11-2008; Ord. No. 348, § 5-10-2010; Ord. No. 359, 2-14-2011)

Tourist home means any dwelling occupied in such a manner that certain rooms in excess of those used by members of the family, as hereinbefore provided, and occupied as a home or family unit, are rented without cooking facilities, to the public for compensation and catering primarily to the public traveling by motor vehicle.

Trailer park, a mobile home or trailer coach park means any site, lot, field or tract of land upon which three or more occupied mobile homes or trailer coaches are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home or trailer coach park.

Travel trailer means a vehicular portable structure built on a chassis, which can be towed by an automobile, can be operated independently of utility connections, is limited in width to eight feet in length to 32 feet, and is designed to be used principally as a temporary vacation dwelling.

Underlying zoning means the zoning classification and regulations applicable to the property immediately preceding the grant of an application to designate the property planned unit development.

Use means the purposes for which land or buildings are designed, arranged or intended to be occupied or used, or for which they are occupied or maintained.

Use, nonconforming, means a building or premises occupied by a use that does not conform with the use regulations of the district in which it is located, shall be considered a nonconforming use. Existing buildings or structures shall not be deemed nonconforming, because they do not meet the area, height, yard requirements or size of buildings as specified in the district regulations.

Yard means an open space at grade line between a building and the adjoining lot lines, unoccupied and unobstructed from the ground upward, except for certain architectural features specified in section 44-86. Yard measurements shall be the minimum horizontal distance between a lot line and the nearest line of the main building.

Yard, front, means a yard extending across the full width of the lot between the front street lot line and the nearest line of the main building.

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

Yard, side, means a yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building.

(Code 1969, § 5.10; Code 1977, § 28-24; Ord. No. 23-Q, 9-28-1970; Ord. No. 23-QQ, 3-14-1988)