Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of this chapter, certain words or terms are to be interpreted as follows:

(1)

The term "lot" includes the word "plot" or "parcel."

(2)

The term "building" includes the word "structure."

(3)

The term "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(4)

The term "zoning map" refers to the "Zoning Map, City of Jacksonville, Alabama."

(Ord. No. O-614-20, Exh. A, 1-13-2020)

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

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the main use or structure.

ADA means the Americans with Disabilities Act. New construction, alterations and renovation shall meet the ADA Standards for Accessible Design (current edition).

Alteration and renovation means and includes any of the following:

(1)

Any addition to the height or depth of a building or structure.

(2)

Any change in the location of any of the exterior walls of a building or structure.

(3)

Any increase in the interior accommodations of a building or structure.

(4)

Any structural change in the supporting or load bearing members of a building or structure.

(5)

Any change to signage or lighting.

In addition to the foregoing, a building or structure shall be classified as altered when it is repaired, renovated, remodeled or rebuilt at a cost in excess of 50 percent of its value prior to the commencement of such repairs, renovation, remodeling or rebuilding.

Agriculture, commercial means the business of producing fruits, vegetables, or raising of livestock for sale or distribution to wholesalers or retail outlets. This includes: row-cropping, horticulture, dairying, apiaries, and fish hatcheries.

Agriculture, non-commercial means the activity of producing fruits, vegetables, or raising of livestock and poultry for self-sufficiency.

Arterial street means a street which is used primarily for moving fast or heavy traffic

Assisted living facility means a licensed facility in which room, board, meals, laundry, and assistance with personal care and other services are provided for not less than 24 hours in a day to a minimum of two ambulatory adults not related by blood or marriage to the owner and/or administrator.

Automotive repair shop means buildings and premises all major and minor automotive repairs are performed.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year, generally referred to as the 100-year flood.

Bed and breakfast home, means a residential structure continuously occupied by the property owner and family, consisting of not more than three sleeping rooms and breakfast for hire to any occupant for not more than 14 consecutive days.

Board of adjustment and appeals means the City of Jacksonville Board of Adjustment and Appeals.

Brewpub means any premises upon which beer is actively and continuously manufactured or brewed, subject to the barrel production limitation prescribed in the Code of Ala. 1975, tit. 28, ch. 4A, for consumption on the premises where manufactured; or for sale to any designated wholesaler licensee for resale to retail licensees. Brewpubs may only sale craft beer manufactured on its premises or by another entity licensed as a brewpub as described in the Code of Ala. 1975, tit. 28, ch. 4A.

Buffer means a strip of land used to visibly separate one land use from another through screening, planting, and distance.

Buildable area means the portion of a lot remaining after required front, rear and side setbacks, and easements have been provided.

Building means any structure having a roof supported by columns or walls designated or built for the support, enclosure, shelter or protection of persons, animals, business activity or property of any kind.

Building area means the portion of the lot that can be occupied by the main structure (including porches, decks, steps, and ramps) and any accessory structures.

Building department means the City of Jacksonville Building Department.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the highest ridge for gable, hip and gambrel roofs.

Building inspector means the City of Jacksonville Building Inspector.

Building line means a line showing the nearest distance to the street property line that it is permissible to build, as measured from the nearest vertical point of the structure (including overhangs).

Carport means a roofed, wall-less shed, usually projecting from the side of a building, used as a shelter for an automobile.

Centerline street means a line running parallel with the street right-of-way which is half the distance between the edges of the public right-of-way.

Certificate of occupancy means a document issued by the city's building inspector which states that such structure or part thereof is found to be in conformance with the current building codes.

Church means a building or a portion of a building used by a recognized and legally established nonprofit sect solely for purposes of worship.

Comprehensive plan means a plan to provide direction for local public policy and planning implementation necessary for increasing quality of life and livability for a community's citizens and visitors presently and in the future and is the most basic public policy guide for a community and its development.

Code enforcement officer means the City of Jacksonville Code Enforcement Officer.

Collector street means a street which carries traffic from minor streets to the system of major streets.

Construction means any improvement, replacement, alteration or renovation activity that takes place on or to the structure, premises, signage, lighting, accessory use, and/or parking or landscape area.

Commercial school means a private, gainful business providing instructional service in the arts, business, crafts, trades, sports and/or professions.

Discontinuance of use means the actual nonuse or cessation of use of a nonconforming premises or structure for any reason for a period of more than six consecutive months, regardless of any intention of the property owner to resume such use at a later date.

District means a part of the city wherein regulations of this chapter are uniform.

Dormitory means a building owned or operated by an educational institution with sleeping and living accommodations for students and/or faculty.

Drive-in restaurant means a restaurant or public eating business, so conducted that food, meals or refreshments are brought to the motor vehicles for consumption by the customer or patron.

Drive-in theater means a theater so arranged and conducted that the customer or patron may view the performance while being seated in a motor vehicle.

Dwelling means a building used as the living quarters for one or more unrelated individuals or families, other than a mobile home, tent, hotel, motel, recreational vehicle, or other structures/facilities designed for and used primarily by a transient.

Dwelling, loft/basement means an adaptable open space which has been converted into a dwelling not located on the main floor of a business or manufacturing building.

Dwelling, mobile home. See Mobile home.

Dwelling, single-family means a detached residential building containing one dwelling unit.

Dwelling, two-family means a detached residential building containing two dwelling units (duplex).

Dwelling, multi-family means a residential building or portion of a mixed-use building containing three or more dwelling units (apartments).

Dwelling unit means one room, or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Easement means an area of land with permanent, perpetual, full and unrestricted rights of ingress thereto and egress therefrom, for the purpose of presently, and from time to time in the future, construct, lay, set, open, close, improve, or repair a public utility or drainage way through and upon private property.

Enforcing officer means the City of Jacksonville Building Inspector or his designee or any other person designated by the mayor and/or the city council.

Family means two or more persons who are all related by blood, marriage, or adoption up to the second degree of consanguinity, or by foster care. For the purposes of this definition, "consanguinity" means only the following persons are related within the second degree of consanguinity: husbands and wives, parents and children, grandparents and grandchildren, brothers and sisters, aunts and uncles, nephews and nieces, and first cousins. The term "family" does not include any organization or institutional group.

Fence means a structure erected for the purpose of separating properties, or enclosing or protecting or screening the property within its perimeter.

Filling station (A.K.A. service station) means any place of business having pumps and storage tanks at which fuels or oils for the use of motor vehicles are dispensed, sold, or offered for sale at retail and where minor repair services and inspections may be carried on incidental to the sale of such fuels and oils. However, uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not an automotive repair shop.

Flood or flooding means the general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard area means an area that is synonymous and shall refer to all the land encompassed by the floodway and floodway fringe areas.

Flood hazard study or flood insurance study means the official report containing flood profiles, flood hazard boundary maps, water surface elevations of the base flood and limits of floodway.

Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and other zones applicable to the city.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodway fringe area means area lying outside the floodway but within the area subject to inundation by the base flood.

Floor means any floor (including basement) usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof.

Fraternity or sorority house means a dwelling occupied by and maintained exclusively for college students who are affiliated with a social, honorary, or professional organization recognized by Jacksonville State University and in which meetings, socials, or other similar gatherings are held.

Guideline, means a design or development feature that is preferred but not required.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Home occupation means a business, profession, occupation, or trade conducted for gain or support that is located entirely within a dwelling, and shall be clearly incidental and subordinate to the use of the building for residential purposes.

Hotel means a building or group of buildings in which lodging or board and lodging are provided and offered to the public for compensation and which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.

Landlocked means when a lot or parcel of land has no direct access to a public right-of-way.

Large area lot means a lot 20 acres or more in area which is a part of a subdivision approved by the planning commission and which cannot be resubdivided without prior approval of the planning commission in accordance with the city's subdivision regulations. Notwithstanding any other provision herein, such lots need not front upon a dedicated street or an approved private road, but, rather, access may be provided by private easement. Further notwithstanding any other provision herein, the size of the front, rear, and side setbacks of such lots shall be no less than the required setbacks for other lots in the zoning district in which the property is located.

Livestock means cows, horses, goats, sheep, swine, etc.

Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space shall not interfere with the accessibility of off-street parking spaces and is not to be included as off-street parking space in computation of required off-street parking space.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such setbacks and other open spaces as are herein required. Such lot shall have frontage on a dedicated street, or on an approved private street.

Lot frontage means the distance measured along a highway or street right-of-way line, for the purposes of determining minimum lot frontage requirements. Except, lots fronting in a cul-de-sac or similar turning area the distance measured shall be along the chord of the right-of-way line. On corner lots and double frontage lots, all sides of a lot adjacent to highway or street right-of-way shall be considered frontage.

Lot measurements:

(1)

Depth, means the distance along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line.

(2)

Width, means the distance measured between the side lot lines along the required front setback, for the purposes of determining minimum lot width requirements. Except, lots fronting in a cul-de-sac or similar turning area the distance measured shall be along the chord of the front setback.

Lot of record means a lot which is part of a subdivision plat or a lot or parcel described by metes and bounds legal description that was recorded in the Office of the Probate Judge of Calhoun County, Alabama prior to August 28, 1989.

Lot type. The diagram (figure 1) which follows, illustrates terminology used in this chapter with reference to corner lots, interior lots, and double frontage lots:

Figure 1.

In figure 1:

A = Corner lot, means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked "A" in the diagram.

B = Interior lot, means a lot other than a corner lot with only one frontage on a street.

C = Double frontage lot, means a lot other than a corner lot with frontage on more than one street.

Low impact development (LID) means a set of land planning and engineering design approaches and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or reuse of stormwater on the site where it is generated in order to improve stormwater quality, reduce flooding, improve health of local water bodies, and improve quality of life.

Major construction means any exterior construction activity which costs more than $10,000.00, other than for ordinary repairs.

Maximum extent feasible means the maximum feasible amount of changes, alterations, or improvements to be made to a premises or use where the existing conditions or constraints make it technically infeasible to achieve full compliance with all regulations in this chapter.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain.

Mini warehouse means a structure providing temporary storage of personal property for rental by the month, in small, individually enclosed cubicles or stalls, one-story construction, individually secured, with the lot fenced and having limited access, providing adequate off-street parking and loading areas with adequate and safe lighting, is exclusively used for the storage of nonexplosive and nonvolatile materials; the facility or site is not used for wholesale or retail sales operations.

Minor construction means any exterior construction activity which costs up to $10,000.00, other than for ordinary repairs.

Mobile home means a structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, 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. This does not include recreational vehicles or temporary construction office trailers.

Mobile home court means any plot of ground upon which two or more mobile homes are located, regardless of whether or not a charge is made for such accommodations.

Modular home means a structure manufactured in a production facility and is built in two or more sections in a controlled factory setting that are then transported and assembled on location. The assembly process typically uses a traditional concrete foundation. Unlike a mobile home, a modular home is not intended to be moved once built.

Motel means a building or group of buildings typically used by transient motorists for compensation and which ingress and egress to and from all rooms are made directly from the parking area outside.

NIT means a unit of luminous intensity equal to one candela per square meter, measured perpendicular to the rays of the source.

Natural disaster means a natural event such as a flood, tornado, sinkhole, wildfire, or earthquake that causes damage or destruction to land or structures.

Non-commercial message means a message which does not direct attention to a business operated for profit, or to a product, commodity, or service for sale or lease, or to any other commercial interest or activity.

Nonconforming use means the use of any building or land which was lawful at the time of passage of the ordinance from which this chapter is derived; or amendment thereto, but which does not conform, after the passage of the ordinance from which this chapter is derived or amendment thereto, with the uses permitted in the district in which it is situated.

Nonresidential mobile buildings (factory built) means nonresidential, portable, mobile or transportable factory-built buildings, or structures, the use of which may be the principal building or as an accessory building to an existing operation on the same lot or tract. Examples include: classrooms, sheriff's station, offices, banks, stores, beauty parlors, motels, hotels, hospitals, mobile sales offices, cafes, fruit stands, restaurants, etc.

Nursery school or kindergarten means any premises or portion thereof used for educational work or parental care of children of less than the age required for enrollment in the public school system.

Nursing home means any premises used for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation but not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.

Office means the building, room or space where clerical or administrative activities are performed.

Ordinary repair means repair of an existing structure, sign or premises for the purpose of its maintenance that does not visibly alter the structure, premises, signage, lighting, accessory use, and/or parking or landscape area.

Outdoor advertising business means provision of outdoor displays or display space on a lease or rental basis only.

Overlay district means a specified geographical area that has development standards and guidelines that will supplement the current zoning ordinance that regulates development within the underlying zoning district.

Parking space, off-street, means a space adequate for parking one vehicle in accordance with the requirements of article IV of this chapter.

Planning commission means the City of Jacksonville Planning Commission.

Planning department means the City of Jacksonville Planning Department.

Poultry means fowl normally raised as food such as chickens, ducks, geese, guineas and turkeys or peacocks in a commercial use.

Premises means a lot or building, or a specific portion thereof, which is owned, leased, or controlled by a certain individual, partnership, corporation, or other legal entity.

Privacy fence means a sight-obscuring fence used to block the area enclosed by the fence of view from adjacent properties or public rights-of-way. The privacy fence shall be constructed of: vinyl coated chain-link with privacy slats, durable wood or polyvinyl chloride (PVC) boards with gaps not exceeding one-half inch apart.

Privacy wall means a sight-obscuring wall used to block the area enclosed by the wall of view from adjacent properties or public rights-of-way. The privacy wall shall be constructed of: block, brick, concrete, or rock.

Property manager means a qualified person or business hired or designated by a property owner to manage the day-to-day operations of their property.

Recreational vehicle means a travel trailer, motor home, pickup camper, converted bus, tent-trailer, tent, or similar device not more than 45 feet long or 8.5 feet wide which is equipped, designed, converted or used for temporary living quarters by one or more individuals.

Recreational vehicle park means any parcel of land within the city designed, intended, or designated for accommodation of recreational vehicles, which shall be occupied for short-term camping.

Right-of-way means an area of land granted to and owned by the city or state that is used for the purpose of building and maintaining street, sidewalk, utility, and drainage systems.

Setback means the area of minimum horizontal separation required between lot lines and the nearest point of the structure as specified by the zoning district regulations. The setback line shall be deemed to mean a line parallel to the lot line. Said area shall be unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided that fences, walls, poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any setback subject to height limitations and requirements limiting obstruction of visibility.

Setback, front, means the setback from the front lot line extending between the side lot lines or, in the case of corner lots, the additional front setback and the side lot line. In the case of rounded property lines, the setback shall be parallel to said rounded property line.

Setback, rear, means the setback from the rear lot line extending between the side setbacks.

Setback, side, means the setback from the side lot line extending between the front setback and rear lot line.

Setback, special, means any required setback adjacent to a public right-of-way which performs the same function as a side or rear setback, but, due to the lot's orientation, the term side or rear setback does not clearly apply.

Shopping center means an area or complex of stores with shared parking (i.e. shopping mall, shopping center, plaza, mini-mall, strip mall, galleria).

Short-term rental means the rental of a dwelling or any portion thereof, for a period of less than 30 consecutive days.

Sign means any temporary or permanent form of publicity that is visible to the public, which directs attention to an individual, activity, place of interest, event, business, service, commodity, or product and is conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks, trade names, or other pictorial matter designed to convey information or messages.

Sign area means the area that is measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertising copy area and trim, frame, and apron, but excluding structural support. In computing the area, only one side of a double-faced sign structure shall be considered.

Sign, billboard, means a sign which directs attention to a business, commodity, activity, service, or products not conducted, sold, or offered upon the premises where such sign is located or attached.

Sign, building face, means all door, window and wall areas of a building in one elevation exposed to public view. Building face shall also include roof area if such roof has a pitch of 45 degrees or more. In the case of attached units with separate exterior entrances, building face shall be apportioned to each unit.

Sign, bulletin board, means a sign used to announce meetings or programs of a church, school, auditorium, library, museum, community recreation center or similar noncommercial place of public assembly.

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

Sign, digital, means a sign that displays an advertisement or message that is generated electronically and commonly utilizes computerized or electronic digital technology, including but not limited to digital bulletin boards, digital business signs, digital billboards, electronic variable message signs, and light emitting diode (LED) signs.

Sign, digital bulletin board, means a bulletin board sign that is also a digital sign.

Sign, digital business, means a business sign that is also a digital sign.

Sign, digital public service message board, means a public service message board sign that is also a digital sign.

Sign, dwell time, means the duration or interval of time during which each individual advertisement or message is displayed on any sign that is capable of sequentially displaying more than one advertisement or message on its display surface.

Sign, freestanding, means a sign securely affixed to a substantial support structure which is attached to the ground and wholly independent of any building for support. This does not include monument signs.

Sign, identification, means a sign used to identify only: the name of the individual, family, organization or enterprise occupying the premises; the profession of the occupant; the name of the building on which the sign is displayed.

Sign, directly illuminated, means a sign designed to be illuminated by means of an internal light source contained within the sign face/structure.

Sign, indirectly illuminated, means a sign designed to be illuminated by means of an external light source directed at the sign face/structure.

Sign, monument, means a sign having a low profile. Sign shall be solid from the ground up. Poles or supports shall be concealed and sign shall have a solid opaque base. This does not include freestanding signs.

Sign, non-illuminated, means a sign, which is not illuminated either directly or indirectly.

Sign, off-premises, means a sign that is not located on the same property that the sign message or intent is directing attention to.

Sign, on-premises, means a sign that is located on the same property that the sign message or intent is directing attention to.

Sign, political, means a sign bearing a non-commercial message related to an election, a candidate, or a public issue.

Sign, portable/mobile, means any sign that is designed for and capable of being moved, transported, or towed, whether or not on its own wheels/supports or by other means. This does not include signs that are an integral part of a vehicle, trailer, or vehicle and trailers' normal course of business.

Sign, projection, means a sign, which is attached to the face or outside wall of a building which projects out at any angle therefrom and projects more than 12 inches beyond the face of such wall.

Sign, public service message, means an electronic or electrically controlled public service message sign which conveys only information such as time, date, temperature, atmospheric conditions, or general news information where different alternating copy changes are shown on the same lamp bank matrix without giving the appearance of directional movement.

Sign, roof, means a detached sign supported throughout its entirety by the roof of a building.

Sign, subdivision identification, means a sign marking an entrance to a residential, business, or manufacturing subdivision that has been approved in accordance with the city's subdivision regulations.

Sign, temporary, means any sign where by reason of construction or purpose, the sign is intended to be displayed for a maximum of 30 days.

Sign, wall, means any sign erected parallel to the face or on the outside wall of any building and supported throughout its entire length by such wall, the surface of which shall not project more than 12 inches therefrom.

Sign, wind, means any flags (except flags allowed in section 24-563, signs allowed without a sign permit), pennants, wind feathers, ribbons, spinners, streamers, balloons, inflatables, or other objects/materials designed for and installed in such a manner as to function upon being subjected to pressure by wind (naturally occurring or mechanically made) and drawing attention to a business, product, service or activity whether it contains a message or not.

Sign, window, means an on-premises sign that is affixed to or painted on a window or door and which is intended to be seen from the exterior of the building.

Site means an area of ground on which a structure is built.

Special event means a festival, ceremony, civic or social function, athletic competition, business grand opening, promotional/sales event, educational seminar/conference, concert, or similar activity that takes place on a periodic basis for a limited time within the city limits.

Special flood hazard area means the land in the floodplain subject to a one-percent or greater chance of flooding in any given year (A.K.A. 100-year floodplain).

Staff means representatives of various city departments and the water works, gas and sewer board.

Static message means an advertisement or message that, when displayed, contains no motion, flashing, changeable copy, running lights, variations in brightness, or animation.

Story means that portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and ceiling next above it.

Street means a public thoroughfare, which affords the principal means of access to abutting property.

Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground; provided, however, that utility poles, wires, guy wires, residential satellite dishes, cables and towers, and all attachments thereto suspended on such poles or towers and fences and walls (other than building walls) shall not be considered to be structures.

Subdivision means the division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels of land for the purpose, whether immediate or future, of subdividing, of sale, or of development. Except, a division of land for agricultural purposes not involving a new public right-of-way or not involving the construction of any dwelling shall not be deemed a subdivision. The subdivision process shall be in accordance with the city's subdivision regulations.

Subdivision by consolidation means the combining of two or more lots, tracts, or parcels of land into one lot, tract, or parcel of land for the purpose, whether immediate or future, of development, for providing dimensional, space, and other requirements of this chapter. Except, a combining of land for agricultural purposes not involving a new public right-of-way or not involving the construction of any dwelling shall not be deemed a subdivision by consolidation. The subdivision process shall be in accordance with the city's subdivision regulations.

Subdivision, minor means a subdivision that:

(1)

Consists of no more than six lots.

(2)

Combines previously recorded lots for the purpose of creating a larger lot.

(3)

Allows adjoining property owners to relocate an interior lot line, provided no additional lots are created or none of the lots are affected by reducing the setbacks below the minimum requirements of the zoning district in which the lots are located.

(4)

Amends a recorded plat solely to correct omissions or errors in descriptions, dimensions or notations. All owners of lots in the subdivision shall submit a written authorization for the amendment to the planning department. After finding that the amendment will not affect any public improvements, covenants or restrictions, nor have a material adverse effect on property rights of other owners of adjoining properties, the planning department may approve an amended final plat for immediate recording.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Technically infeasible means something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is essential to the structure and/or use, or existing physical or site constraints that prohibit modifications of elements, spaces, or features of the premises and/or use.

Temporary construction office trailer means a structure, transportable in one section, which is of various size, which is built on a permanent chassis and designed to be used as a temporary office for a construction project without a permanent foundation when connected the required utilities. This does not include mobile homes.

Townhouse means a single-family dwelling unit constructed in a series or group of attached units with property lines separating such units.

Townhouse development means a development of single-family attached townhouse units in areas of the city determined suitable for high-density residential development.

Trailer. See Recreational vehicle.

Transient means a person or a family occupying a dwelling for only a short period of time.

Transition time means the interval of time between each individual advertisement or message displayed on any sign that is capable of sequentially displaying more than one advertisement or message on its display surface.

Used or occupied means intended, designed or arranged to be used or occupied.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Vehicle means a device which may or may not be self-propelled, motorized or non-motorized to include, but not [be] limited to, automobiles, boats, all-terrain vehicles, golf carts, semi-tractors, trucks, buses, vans, motorcycles, motor homes, recreational vehicles, watercraft, tractors, agricultural vehicles, tractor-trailers, recreational vehicles, utility trailers, boat trailers, and/or horse trailers.

Yard means the area (front, side, and rear) between the nearest point of the main structure or use and the adjoining lot lines.

(Ord. No. O-614-20, Exh. A, 1-13-2020; Ord. No. O-641-22, I(a), 8-8-2022)