All words and terms used in this land use code have their commonly accepted dictionary meaning unless they are specifically defined in this land use code or the context in which they are used clearly indicates to the contrary. The following rules of construction apply:

(1)

All words used in the present tense include the future tense.

(2)

All words used in the singular number include the plural, and words in the plural number include the singular.

(3)

The masculine gender shall include the female and neutral.

(4)

The word "shall" is mandatory, and not discretionary, and the word "may" is permissive.

(5)

The word "building" shall include the word "structures."

(6)

The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(7)

The words "land," "property", "parcel," "premises," and "tract" are all interchangeable unless the context clearly indicates to the contrary.

(8)

The word "individual" includes a "firm," "association," "organization," "partnership," "trust," "company," or "corporation" as well as a single individuall.

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)

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

Accessory building, structure or use means a building, structure or use located or conducted upon the same lot (or on a contiguous lot in the same ownership) as the primary building, structure or use to which it is related, that is clearly incidental to, and customarily found in connection with, such primary building or use and is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot.

Accessory dwelling unit means an subordinate dwelling unit attached or detached from a primary structure, and located on the same lot or parcel, that provides basic requirements for living, sleeping, cooking, and sanitation. A manufactured home or recreational vehicle, travel trailer, camper, or similar vehicle shall not be used as a accessory dwelling unit.

Adult entertainment means adult bookstores, adult motion pictures theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishments.

Animal shelter means a facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least ten animals in a year, and that is operated by a government entity, humane society, animal welfare society, animal rescue group, or other nonprofit group. This use includes rescue horse facilities, regardless of the number of horses sheltered in a year.

Art gallery, museum, and library means a facility or area that is open to the public and is intended for the acquisition, preservation, study, and exhibition of works of artistic, historical, or scientific value.

Automotive center and services means an establishment that is engaged in both the retail sales of a limited or full range of vehicle parts and fuels and the repair and maintenance of automobiles and light trucks. Self service, automated, or full service car washes as a primary use of property are included in this.

Bar or brewery means an establishment primarily engaged in the selling of drinks for consumption on the premises, where entertainment and the incidental sale of prepared food for consumption on the premises are permitted accessory uses. These establishments may charge a fee or admission charge for the entertainment provided. Included in this category are bars, beer gardens, discotheques, night clubs, taverns, hookah bars, and dance halls.

Barns, sheds, and outbuildings means an accessory structure designed and constructed to primarily supplement agricultural operations. The structure shall not be a place of human habitation or a place of employment where products are processed, treated or packaged; nor shall it be a place used by the public.

Bed and breakfast means the commercial rental of bedrooms within a private residence, providing temporary accommodations, and typically including a morning meal to overnight guests.

Board of trustees means the Board of Trustees of the Town of Green Mountain Falls.

Building means any structure used or intended for supporting or sheltering any occupancy. Where roofed structures are separated from each other by party walls having no openings for passage, each portion so separated shall be deemed a separate building.

Building, primary means a building in which is conducted, or that is intended to be conducted, the primary use of the lot on which it is located.

Business or personal service means an establishment primarily engaged in providing services involving the care of a person or his or her apparel or rendering services to business establishments on a fee or contract basis, such as barber shops, clothing rental, tattoo or piercing parlor, photographic studios, cleaning and garment services (but not including power laundries or dry cleaning plants), coin operated laundries, advertising and mailing, building maintenance, office equipment rental and leasing, photo finishing, business supply services, computer programming/data processing services, locksmiths, and repair of business or household goods and equipment generally weighing less than 25 pounds.

Carnival or festival means a temporary festival typically offering amusement rides, variety shows, or other entertainment.

Communication tower means a tower structure and related equipment enabling the transmission of electronic signals via wired and wireless means.

Community center means a building or portion of a building used for nonprofit, cultural, educational, recreational, religious, or social activities that is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.

Community garden means the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture and/or hydroponics including, but not limited to gardens, container gardens, edible landscapes, residential greenhouses, herb gardens, rooftop gardens, berry patches, vegetable gardens. All of which may include the production and sale of food products from food grown on the premises. Community garden may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

Commercial wireless telecommunications service means a facility that transmits and/or receives signals or waves radiated or captured by a wireless telecommunications antenna. It may include: antennas of all kinds including microwave dishes, horns, and other types of equipment for the transmission or reception of such signals, telecommunications tower or similar structures supporting said equipment, equipment buildings or cabinets, parking area, and/or other accessory development in order to provide telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public. Noncommercial or broadcasting antennas are not considered to be wireless telecommunications utilities.

Conditional use means a use that is permitted only after the petitioner obtains conditional use approval pursuant to section 12-53(d), and subject to any use-specific standards.

Curb cut means the alteration, typically by lowering, of a curb, sidewalk, or boulevard to provide vehicular access to a parcel.

Day care facility means a licensed private or public establishment that for gain or otherwise, regularly provides one or more dependents with care, training, supervision, rehabilitation, or developmental guidance on a regular basis, for periods of less than 24 hours a day, in a place other than the dependent's home.

Dedication means the transfer of property interests from private to public ownership for a public purpose.

Delineated wetland means the area mapped as a wetland by a qualified consultant, in accordance with the approved Federal Wetland Delineation Manual and applicable regional supplement.

Development means any man-made change to improved or unimproved real estate, including a change in use or the creation of a subdivision.

Drive-in facility means an accessory use that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles, but not including any use meeting the definition of Outdoor Entertainment or Recreation.

Dwelling, attached means a building containing three or more dwelling units arranged side by side, separated from each other by a firewall and having separate direct means of egress and ingress to each unit from the outside.

Dwelling, duplex means a single building on a single lot containing two dwelling units.

Dwelling, fourplex means a single building on a single lot containing four dwelling units.

Dwelling, multifamily means a building containing five or more dwelling units on a single lot, including, but not limited to apartments, cooperative apartments, and condominiums. Regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods of one week or less shall be considered a hotel, motel, or short-term rental as applicable.

Dwelling unit means a single unit providing complete, independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, single-family detached means a detached building, whether stick-built or manufactured, containing one dwelling unit located on a single lot.

Dwelling, triplex means a single building on a single lot containing three primary dwellings.

Easement means a grant of one or more of the property rights by the property owner to and for use by the public, a corporation, or another individual or entity.

Electric vehicle charging station means a facility or area where electric-powered or hybrid-powered motor vehicles can obtain electrical current to recharge batteries and that is accessory to a primary use of the property.

Façade means the exterior walls of a building exposed to public view from a public street. The wall visible from a public street or parking lot and used for the main public access or that has distinguishing architectural features will be considered the primary façade. A wall that is visible from a public street or parking lot serving the business center but not the main access to the building is considered the secondary façade.

Fast food restaurant means an establishment whose primary business is the sale of food and/or beverages in a ready to consume state for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as a carry out order, and whose principal method of operation involves serving food and/or beverages in edible containers or in paper, plastic, or other disposable containers.

Fire-resistant materials means building materials that are designed to be resistant to fire such that under conditions of a standard heat intensity it will not fail structurally or allow transit of heat. Examples of fire-resistant materials include brick, concrete, steel, stone, glass, treated timber, stucco, and cast iron.

Floodplain means that area within a special flood hazard area as delineated by the most recent report available from the Federal Emergency Management Agency.

Floodplain grade means the elevation of the regulatory flood plus two feet at any given location in the special flood hazard area.

Food truck means a retail food establishment that is not intended to be permanent and is a motorized wheel vehicle, or a trailer that is licensed for use on public roadways, designed and equipped to serve food and beverages.

Fueling station means a facility where fuels like diesel, gasoline, ethanol, natural gas, electricity, and hydrogen; related supplies for motorists; and convenience foods and goods are sold. All services included in automotive center are excluded.

Funeral home means an establishment providing services such as preparing the human or animal dead for burial, cremating human remains, and arranging and managing funerals, and for which permitted accessory uses include a crematorium.

Garage means a detached accessory building or a portion of a primary building used for the parking and storage of vehicles, merchandise, or equipment, and that is not a separate commercial establishment open to the general public. When associated with a residential use in a residential district, it shall be limited to use for parking and storage of vehicles, noncommercial trailers, and household equipment.

Garage sale means the sale of used household belongings at a residential dwelling or residential neighborhood including, but not limited to "home sale," "estate sale," "attic sale," and "basement sale" and any other type of residential sale of tangible personal property.

Greenhouse means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale, for personal enjoyment, or for the temporary storage or display of plant material.

Group home, small means a residential dwelling or facility where eight or fewer persons, including staff, live as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of citizens protected by the provisions of the federal Fair Housing Act Amendments of 1988, as defined in that Act and as interpreted by the courts, or by any similar legislation of the state, including, but not limited to facilities providing housing for people with disabilities.

Group home, large means a residential dwelling or facility where more than eight persons, including staff, live as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of citizens protected by the provisions of the federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the state, including, but not limited to facilities providing housing for people with disabilities.

Height (of a building) means the vertical distance above grade along the building front measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height between the eave and ridge of a gable, hip, or gambrel roof. Maximum height establishes the maximum height in feet above grade, allowed for structures within a given zoning district.

Home occupation means any gainful occupation or profession engaged in by the occupant of a dwelling unit at or from the dwelling unit.

Hotel or motel means a building or series of buildings operated as an establishment providing accommodations in habitable units by prior arrangements, for compensation, for periods of 30 days at a time or less. This use may provide ancillary uses such as conference and meeting rooms, restaurants, bars, gift shops, and recreational facilities.

Indoor entertainment or recreation means a commercial recreation facility that provides completely enclosed or indoor entertainment or recreation space, such as racquet clubs, indoor skating rinks or swimming pools, bowling alleys, billiard, pool, or bingo parlors, amusement arcades, indoor archery ranges, indoor live or motion picture theaters, and fitness centers or gymnasiums, and where food or beverages may be served as an accessory use, but does not include any use meeting the definition of adult entertainment.

Impervious surface means any surface artificially covered or hardened so as to prevent or impede the percolation or absorption of water into the ground, including, but not limited to asphalt, concrete, roofing material, brick, plastic, gravel, or swimming pools.

Lot means the smallest unit of land division defined by plat or by metes and bounds description, that is not divided by a lot line, right-of-way, or other publicly owned land.

Lot area means the area contained within the lot lines of a lot, excluding any right-of-way or private street.

Lot line means a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. Where any portion of a lot extends onto a public right-of-way, the lot line shall be deemed to be the boundary of said right-of-way.

Lot width means a horizontal distance measured between the side lot lines.

Lot line, front means a lot line separating a lot from the predominant public or private street or roadway right-of-way abutting the property, as determined by the town.

Lot line, rear means on a rectangular lot other than a corner lot, the lot line opposite and most distant from the front lot line; on a corner lot, an interior lot line that is designated at the time of development. Triangular shaped lots whose lot width narrows when moving away from the front lot line have no rear lot line. The rear lot line(s) on irregular shaped lots with more than four lot lines are those interior lot lines that, when the endpoints of the line(s) are connected, create a line exceeding the width at the building line.

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

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

Lot size means the minimum size lot, in square feet, for certain types of residential development, measured on a horizontal plane.

Major site plan means a site plan that does not qualify as a minor site plan.

Manufactured home means a building, fabricated in an off-site facility for installation or assembly at the building site, transportable in one or more sections, that, in the traveling mode, is eight feet or more in width or 40 feet or more in length, or when erected is 320 or more square feet in size, and is built on a permanent chassis and designed to be used as a dwelling for one-family, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in the building.

Manufactured home park means a residential development on a site that consists of two or more spaces for the placement of manufactured homes for dwelling or sleeping purposes, regardless of whether or not a fee is charged for the use of such space. This development is typified by a land-lease arrangement between the residents of the manufactured homes in the community and a single ownership entity or common owner(s) in a cooperative arrangement as opposed to a development that consists of individually owned lots subdivided for the placement of manufactured homes. A manufactured home park does not include real property used for the display and sale of manufactured homes, unless the manufactured homes for display or sale are permanently sited as model homes in the park, nor does it include a recreational vehicle parking in which spaces are not intended for long-term occupancy.

Manufactured home park lot means a parcel of land in a manufactured home park used for the placement of a single manufactured home for the exclusive use of the residents of the manufactured home. The area of the lot for rezoning purposes shall not include any common or community open space. The area of the lot shall not include any land devoted to the development of streets (public or private) including any land used for common sidewalk or walkway area located parallel and adjacent to a private street lying adjacent to the lot.

Medical facility means an establishment engaged in providing diagnostic services, extensive medical treatment (including surgical services) and other hospital services, as well as continuous nursing service, including general medical and surgical hospitals, specialty hospitals, medical laboratories, bio medical research and development, outpatient care facilities, medical schools and associated dormitories, medical appliance sales, and similar uses, but not including veterinary and animal services.

Minor site plan means a site plan that is eligible for minor site plan review as stated in section 12-53(c).

Mobile home means a nonHUD compliant structure built prior to June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities, but not including manufactured homes or recreational vehicles. Mobile homes are not permitted in the Town.

Multi-use trail means a path physically separated from motor vehicle traffic, located either within a street right-of-way or a separate right-of-way or easement, and intended for use by some combination of bicyclists, pedestrians, equestrians, and other nonmotor vehicle traffic.

Nonconforming lot of record means any validly recorded lot existing at the time this land use code was adopted that does not comply with the minimum requirements of the district where it is located.

Nonconforming parking means any development that does not provide the number of off-street parking spaces that would be required by this land use code for a new development of the same type. The existence of parking spaces located outside of an approved driveway in the front or street side yard on a property in a residential district that were not approved through a lot and site development approval procedure do not constitute legal, nonconforming parking.

Nonconforming sign means any sign established prior to the effective date of this land use code that is not in full compliance with the land use code.

Nonconforming structure means a structure that does not comply with the height, setback, density, or floor area ratio requirements of the district where it is located.

Nonconforming use means an activity using land or structures that would not be permitted to be established as a new use in the zone where it is located by the regulations of this land use code.

Nursing home means an establishment primarily engaged in providing intermediate or long-term nursing and health related care to individuals.

Office means a room or group of rooms used for managing the affairs of an establishment or for the nonretail, nonproduction conduct of affairs of a service, professional institution, or business nature including medical offices or clinics, studios for those involved in art, sculpture, and music including organizations operating on a membership basis for the promotion of the interests of the membership, including trade associations, business associations, professional membership organizations, labor unions, or civic or fraternal organizations, but not including place of worship, hospitals, golf and country clubs, or credit unions.

Outdoor eating areameans any group of tables, chairs, or other seating fixtures and appurtenances intended for the outdoor consumption of food or beverage by patrons, employees, or tenants, when located adjacent to an establishment having the same operator.

Outdoor entertainment or recreation means a commercial recreation facility that is primarily an open-air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, miniature golf facilities, drive-in theaters, amphitheaters, outdoor concert halls, racetracks, ranges (skeet, rifle, or archery), bowling alleys, and amusement parks.

Parking lot means a surface area whose purpose is to provide accessory or primary use parking spaces for motor vehicles, this category also includes community lots that are established to meet the parking needs in a residential area.

Parking garage means an above ground and/or belowground structure, or a part of a primary structure, designed for parking automobiles and light trucks and van, in which at least one level of parking is located above or below another level of parking in the same structure. This use does not include parking and storage facilities for recreational vehicles, boats, and trucks seven feet in height or greater.

Parking space means an enclosed or unenclosed, covered or open area designated for vehicular parking and meeting the requirements in section 12-47. Parking spaces shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.

Parks and open space means a publicly or privately owned open space area specifically defined or set aside for active and/or passive recreational uses. Parks and open space includes all landscaping, facilities and apparatus, playing fields, trails and buildings and structures that are consistent with general outdoor recreational purposes.

Places of worship means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses.

Planning commission means the Planning Commission of the Town of Green Mountain Falls, which shall also act as the board of adjustment and historic preservation board.

Plat, final means the final map on which an applicant's plan for the division of land for purposes of development is presented to the town for approval and that, if approved, will be submitted to the county recorder.

Plat, preliminary means a draft map on which an applicant's plan for the division of land for purposes of development is presented to the town for review and comment regarding compliance with this land use code and other standards and regulations, prior to submittal of a final plat for approval.

Property owner means the fee owner of land, or the beneficial owner of land whose interest is primarily one of possession and enjoyment in contemplation of ultimate ownership. The term includes but is not limited to venders under a contract for deed.

Recreational vehicle means a temporary structure, less than 40 feet in length, that can be towed, hauled or driven and is primarily designed as temporary housing accommodations for recreational, camping or travel use including, but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

Recreational vehicle parking means storage of recreational vehicles at a residence as an accessory to the primary use of the property.

Restaurant means an establishment that sells food or beverages in a ready-to-consume state, in individual servings, that the customer consumes while seated at tables or counters located in or immediately adjacent to the building in which the use is located, and that may include carry-out service. This includes any portion of an establishment used for seating for the consumption of food on the premises that sells prepared food or beverages, such as a bakery, delicatessen, cafes, and coffee shops.

Retail establishment means an establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including furniture and appliance sales and business centers. These establishments are characterized by the following: 1) They buy and receive as well as sell merchandise; 2) They may process some products, but such processing is incidental or subordinate to the selling activities; and 3) They predominantly sell to customers for their own personal or household use.

Retail, small means a retail establishment that is under 5,000 square feet gross floor area.

Retail, large means a retail establishment that is over 5,000 square feet gross floor area.

School means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.

Seasonal sales means a building or structure used for the retail sales of Christmas trees, holiday décor and seasonal gifts, fresh fruits, vegetables, flowers, herbs, or plants. Such use may also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces or baked goods, and homemade handicrafts. Such uses also include "pick your own" establishments where customers gather their own produce from the fields for purchase and off-site consumption.

Self service storage facility means an establishment designed and used for the purpose of renting or leasing individual storage spaces to tenants who have sole private access to such space for storing personal property.

Short-term rental means short-term rentals shall be defined as stated in chapter, 5 article VII of the Town Municipal Code.

Solar collector, ground- or building-mounted means a photovoltaic (PV) panel, array of panels or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. Ground-mounted solar collector may be a principal or accessory use. Building-mounted solar collector is an accessory use. Building-mounted solar collector includes agrivolatic systems and parking canopy solar systems.

Staff means an employee of the Town of Green Mountain Falls designated by the town manager to oversee such duties as prescribed herein.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement.

Temporary use means a use that is permitted as a temporary use only after a temporary use permit is obtained pursuant to section 12-53(f), and subject to any use-specific standards.

Town manager means the Town Manager of the Town of Green Mountain Falls, or his or her authorized representative.

Utility, major means a facility providing an important regional utility service, such as water, sewer, or drainage, that normally entails construction of new buildings or structures, and that sometimes have employees on the site on an ongoing basis including, but not limited to water towers, natural gas regulating stations, electric substations, water treatment plants, sewage treatment plants, above- or below-ground reservoirs, regional stormwater detention ponds, electric power lines that transmit over 110 KV of power, and other large facilities that enable the provision of utility services to large geographic area or a large number of people. Major utility does not include geothermal energy system, ground- or building-mounted solar collector, or ground- or building-mounted wind energy conversion system (WECS).

Utility, minor means equipment necessary to support utility services to development within the immediate vicinity and that involves only minor accessory structures, and that typically do not have employees located at the site on an ongoing basis including, but not limited to electric transformer stations and service boxes, gas regulator stations, telephone service boxes, and well, water and sewer pumping stations, and related underground and aboveground pipes and wires, but excluding electric power transmission lines that transmit over 110 KV of power.

Urban agriculture means the cultivation of food and/or horticulture crops, aquaponics, aquaculture, and/or hydroponics. Such use may include the production and sale of food products from food grown on the premises. Urban agriculture includes the raising of small animals like bees for the purpose of producing honey but does not include slaughtering or selling meat or the keeping of any large animals.

Use by right means a use that is permitted by right in a particular zoning district, subject to compliance with any use-specific standards.

Veterinary and animal services means a commercial establishment engaged in the practice of veterinary medicine, dentistry, or surgery, along with those providing animal related services such as kennels, grooming, or breeding services. A single instance of incidental breeding of a household animal is not included in this definition.

Wind energy conversion system, ground- or building-mounted ("WECS") means all necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, WECS tower, electrical components, WECS foundation, transformer, and electrical cabling from the WECS tower to the substation(s).

(Ord. No. 2022-03, § 1(Exh. A), 12-13-2022)