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Horizon City City Zoning Code

CHAPTER 2

DEFINITIONS

§ 201 General.

201.1 
Scope
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code have the meanings shown in this chapter.
201.2 
Interchangeability
Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
201.3 
Terms defined in other codes
Where terms are not defined in this code and are defined in the Technical Codes, such terms shall have the meanings ascribed to them as in those codes.
201.4 
Terms not defined
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-031 adopted 4/8/14)

§ 202 General Definitions.

Accessory Building.
An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
Accessory Structure.
An incidental subordinate building or other structure customarily detached from, incidental to, and located on the same lot as the main use or building, such as a canopy.
Accessory Use.
A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with, such primary use.
Acreage, Gross.
The overall total area of real property.
Acreage, Net.
The remaining area after all deductions are made; with deductions including streets, easements for access, street dedications and similar areas.
Adult Residential Care Facility.
An adult foster care home, adult day care home, community home, assisted living facility, and such other similar type of facility allowed by state law to be operated in a dwelling unit that is licensed as required or otherwise operated in accordance with City, County and State law.
Affected Lot.
Lot adjoining a “zero side yard” residential property within which a structure is permitted to be built closer than five feet to the common property line.
Agriculture.
The tilling of the soil, raising of crops, animals, horticulture, gardening, beekeeping and aquaculture.
Alley.
Any public way or thoroughfare more than 10 feet (3048 mm), but less than 16 feet (4877 mm), in width which has been dedicated to the public for public use.
Alteration.
Any change, addition or modification in construction, occupancy or use.
Amusement Center.
An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.
Apartment House.
A residential building designed or used for three or more dwelling units.
Automotive Repair, Major.
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building.
Automotive Repair, Minor.
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups and transmission work, which is conducted within completely enclosed building.
Automotive Self-Service Station.
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a freestanding automatic car wash.
Automotive Service Station.
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service and food sales.
Awning.
A shelter constructed of fabric or other material supported by the building and installed to extend outward from the building to provide a protective shield for doors, windows and other openings for commercial structures.
Basement.
Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
Bed and Breakfast Facility.
A limited commercial activity, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.
Block.
Land, or group of lots, surrounded by streets or other right-of-way, other than an alley, or land which is designated as a block on any recorded subdivision tract.
Board.
The board of adjustment of the adopting jurisdiction.
Boarding House.
A dwelling containing a single dwelling unit and not more than ten guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.
Building.
Any structure used or intended for supporting or sheltering any use or occupancy.
Building Code.
The adopted codes of technical regulations, as amended, and as are currently in effect.
Building Height.
The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.
Building Line.
The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls but not in contact with the ground of the building or structure.
Business or Financial Services.
An establishment intended for the conduct or [of] service or administration by a commercial enterprise, or offices for their conduct of professional or business service.
Canopy.
A roofed accessory structure constructed or prefabricated (manufactured elsewhere for assembly) of fabric, metal or other material with supports extending to the ground directly under the canopy placed to extend outward and detached from the primary building or use, providing a shade. Does not include carports.
Carport.
Structure consisting of a solid roof that is open on a minimum of three sides for the purpose of storing and sheltering of motor vehicles. Does not include canopies.
Commercial, Heavy.
An establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors. Businesses that generate large quantity/volume of traffic.
Commercial, Light.
An establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise, or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.
Commercial Center, Community.
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.
Commercial Center, Convenience.
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.
Commercial Center, Neighborhood.
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.
Commercial Center, Regional.
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.
Commercial Retail Sales and Services.
Establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor “sidewalk” promotions); businesses specializing in sale of either general merchandise or convenience goods.
Comprehensive Plan.
The declaration of purposes, policies and programs for the development of the jurisdiction. (Also see “Master Plan”)
Conditional Uses.
A use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
Condominium.
A single dwelling unit in a multi-unit dwelling structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
Congregate Residence.
Any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.
Convalescent Center.
A facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.
Court.
A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
Dance Hall, Discotheque.
An establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.
Day Care, Family.
The keeping for part-time care and/or instruction, whether or not for compensation, of six or less children at any one time within a dwelling, not including members of the family residing on the premises.
Day Care, Group.
An establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any one time. Child nurseries, preschools and adult care facilities are included in this definition.
Density.
The number of dwelling units, which are allowed on an area of land, which area of land shall be permitted to include dedicated streets, contained within the development.
Driveway.
A private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
Dwelling, Duplex.
A building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.
Dwelling, Multiple-Unit.
A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
Dwelling, Planned Group.
Two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.
Dwelling, Single-Family.
A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
Dwelling Unit.
Any building or structure, or portion thereof, which contains living facilities, including provisions for sleeping, cooking and sanitary (bathroom) facilities for not more than one family, or a congregate residence for six or less persons except as may be required or necessary pursuant to federal or state law.
Easement.
That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above said lot or lots.
Face of Building, Primary.
The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
Family.
An individual or two or more persons related by blood, marriage or adoption, or a group not to exceed six unrelated persons living together as a single housekeeping unit.
Farm Animals.
Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education, or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.
Floor Area, Gross.
The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.
Floor Area, Net.
The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
Floor Area Ratio.
The numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.
Frontage.
The width of a lot or parcel abutting a public right-of-way measured at the front property line.
Garage.
A fully enclosed motor vehicle shelter, in which motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
Garage, Private.
A building or portion of a building not more than 1,000 square feet (93m2) in area, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
Gated Community.
A residential development within which lots are accessed by private, rather than public, streets, and having a limited number of points of access to surrounding public streets all of which are restricted by guard stations, automated gates or other similar security measures.
Grade (Adjacent Ground Elevation).
The lowest point of elevation of the existing surface of the ground, within the area between the building and a line 5 feet (1524 mm) from the building.
Graffiti.
Unauthorized marking on a structure.
Gross Leasable Area (GLA).
The total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet (m2) as measured from the centerline of joint partitions and from outside wall faces.
Group Care Facility.
A facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.
Guest Room.
Any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet (9.3m2) of superficial floor area in a dormitory shall be considered to be living area.
Habitable Space (Room).
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space, although they are considered for valuation.
Home Occupation.
The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes.
Hospital.
An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.
Household Pets.
Dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens, etc.
Industrial or Research Park.
A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
Jurisdiction.
As used in this code, jurisdiction is any political subdivision which adopts this code for administrative regulations within its sphere of authority.
Kennel.
Any lot or premises on which four or more dogs or cats over four months of age are kept, for compensation or not.
Kitchen.
Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
Landscaping.
The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.
Legislative Body.
The Political entity of the adopting jurisdiction, City Council.
Livestock.
Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
Lot.
A single parcel of land.
Lot, Corner.
A lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed 135 degrees.
Lot Depth.
The distance between the front and rear lot lines, measured as follows:
202.1 
Where the lot lines are straight, from the midpoints thereof;
202.2 
Where the lot line curves in or out, from the midpoint of the arc between the side property lines;
202.3 
Where there is no rear lot line, the lot depth shall be the length of a straight line connecting the bisecting point of the front lot line and the intersection of the two side lines.
Lot, Flag.
A lot so shaped and designed that the main building site area is set back form [from] the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
Lot, Interior.
A lot other than a corner lot.
Lot, Irregular.
A lot whose opposing lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
Lot Width, Average.
The lot area divided by the lot depth.
Manufactured Home (Mobile Home/Modular).
A structure, transportable in one or more sections, which in the traveling mode is 8 body feet (2438 mm) or more in width or 40 body feet (12,192 mm) in length, or when erected on-site is 320 square feet (29.7 m2) or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
Manufactured Home, Special Care.
A home used as a temporary dwelling for a family member who is in need of special, frequent and routine care by reason of advanced age or ill health.
Manufacturing, Heavy.
All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
Manufacturing, Medium.
The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
Master Plan.
The declaration of purposes, policies and programs for the development of the jurisdiction.
Mobile Home Park.
A tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile/manufactured homes for sale or rent.
Model Home.
A dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business. Must comply with regulations once sold.
Modular Home.
A factory-built home, other than a manufactured home, which meets all of the following requirements:
Is designed only for erection or installation on a site-built permanent foundation; Is not designed to be moved once so erected or installed;
Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing; or
To the manufacturer’s knowledge, is not intended to be used other than on a site-built permanent foundation.
Mortuary, Funeral Home.
An establishment in which the dead are prepared for burial or cremation. The facilities shall be permitted to include a chapel for the conduct or [of] funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.
Motel, Hotel.
Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
Natural Waterways.
Those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction.
Nonconforming Lot.
A lot whose width, area or other dimension did not conform to the regulations when this code became effective.
Nonconforming Sign.
A sign or sign structure or portion thereof lawfully existing at the regulations when this code became effective.
Nonconforming Structure.
A building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulation or the zone in which is located.
Nonconforming Use.
See “Use, Nonconforming.”
Open Space.
Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
Park.
A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
Park and Ride Facilities.
Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.
Parking Space, Automobile.
A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.
Person.
A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
Pets - Exotic.
All other animals considered as pets not defined as household pets or farm animals.
Planned Unit Development (PUD).
A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
Plot Plan.
A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or building to be erected, the location of the lot in relation to abutting streets, and other such information.
Pools, swimming, hot tubs and spas.
Above-ground/in-ground pool. See “Private swimming pool”.
Barrier. A fence, a wall, a building wall, the wall of an above-ground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
Hot tub. See “Private swimming pool”.
In-ground pool. See “Private swimming pool.”
Power safety cover. A pool cover which is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.
Private swimming pool. Any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
Private swimming pool, indoor. Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.
Private swimming pool, outdoor. Any private swimming pool that is not an indoor pool.
Public swimming pool. Any swimming pool other than a private swimming pool.
Spa. See “Private swimming pool.”
Public Improvement.
Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established.
Public Services.
Uses operated by a unit of government to serve public need, such a police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
Public Utility Station.
A structure or facility used by a public or quasi-public utility agency to store, distribute, [or] generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
Public Way.
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriate to the public for public use.
Quasi-public.
Essentially a public use, although under private ownership or control.
Quorum.
A majority of the authorized members of a board or commission.
Recreational Vehicle.
A vehicular unit, other than a mobile home, whose gross floor area is less than 320 square feet (29.7 m2), which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth wheel-trailer or van.
Recreation, Indoor.
An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters, and related amusements.
Recreation, Outdoor.
An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures used primarily for recreational activities.
Recycling Facility.
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.
Rehabilitation Center (Halfway House).
An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.
Religious, Cultural and Fraternal Activity.
A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
Renovation.
Interior or exterior remodeling of a structure, other than ordinary repair.
Restaurant.
An establishment which sells prepared food for consumption. Restaurants shall be classified as follows:
Restaurant, fast food. An establishment which sells food already prepared or [for] consumption, packaged in paper, styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.
Restaurant, general. An establishment which sells food for consumption on or off premises.
Restaurant, take-out. An establishment which sells food only for consumption off premises.
Salvage Yard.
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.
School, Commercial.
A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).
Setback.
The minimum required distance between the property line and the building line.
Sign.
An advertising message, announcement declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.
Signs, Community.
Temporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization.
Site Plan.
A plan which outlines the use and development of any tract of land.
Story.
That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet (1829 mm) above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet (3658 mm) above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
Street.
Any thoroughfare or public way not less than 16 feet (4877 mm) in width which has been dedicated.
Street, Private.
A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
Structure.
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Subdivision.
The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.
Technical Codes.
Shall mean the following technical codes of regulations relating to building and construction, as adopted by the Town of Horizon City: [see article 3.02 of the Code of Ordinances.]
Theater.
A building used primarily for the presentation of live stage productions, performances or motion pictures.
Use.
The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended or for which land or a building is or may be occupied, including all accessory uses.
Use, Change of.
The change within the classified use of a structure or premise.
Use[,] Nonconforming.
A use which lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the regulations.
Use[,] Principal.
A use which fulfills a primary function of a household, establishment, institution or other entity.
Use, Temporary.
A use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such legal activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks (if legal), carnivals, flea markets, and garage sales.
Variance.
A deviation from the height, bulk, setback, parking or other dimensional requirements established by this code.
Warehouse, Wholesale or Storage.
A building or premises in which goods, merchandise or equipment are stored for eventual distribution.
Warehousing - General.
Large scale storing of goods or raw materials in a designated location, known as a warehouse, until they are distributed, sold, or used in manufacturing, servicing, or sales. General warehousing includes:
Bonded warehousing (where goods can be imported into the country then stored and processed).
Public warehousing (open to the public and is typically owned by a third-party logistics company and rented for a short-term or long-term period).
Private warehousing (no third party involved and owned by the company).
Refrigerated warehousing (maintaining warehouse at specific levels to maintain the integrity of food or material that requires refrigeration such as food.
Pharmaceutical and cosmetic as well as other uses that need to maintained fresh or cooled).
Flex/warehousing (a combination of warehousing, service, or retail use).
Note: General warehousing does not include truck or private bus terminal use
Warehousing - Small.
Small scale storing (20,000 sq. feet or less) of goods or raw materials in a designated location, known as a warehouse, until they are distributed, sold, or used in manufacturing, servicing, or sales. Small warehousing includes:
Bonded warehousing (where goods can be imported into the country then stored and processed).
Public warehousing (open to the public and is typically owned by a third-party logistics company and rented for a short-term or long-term period).
Private warehousing (no third party involved and owned by the company).
Refrigerated warehousing (maintaining warehouse at specific levels to maintain the integrity of food or material that requires refrigeration such as food.
Pharmaceutical and cosmetic as well as other uses that need to maintained fresh or cooled).
Flex/warehousing (a combination of warehousing, service, or retail use).
Note: Small warehousing does not include truck or private bus terminal use.
Wrecking Yard.
Any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.
Yard.
An open, unoccupied space on a lot, other than a court which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this code.
Yard, Front.
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto at the front limit of the structure, except for appearances [sic].
Yard, Rear.
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water and a line parallel thereto at the established rear point of structure.
Yard, Side.
An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line.
Zero Side Yard.
A single-family residential dwelling structure positioned such that one, but not both, side walls adjoin the side property line.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-013 adopted 12/14/06; Ordinance 0102-031 adopted 4/8/14; Ordinance 0102-032 adopted 2/24/15; Ordinance 0102-035 adopted 8/9/22; Ordinance 0102-037 adopted 11/14/2023)