For the purpose of this Zoning Ordinance, certain terms used in this ordinance shall have the meanings defined by this article. In the event a term is not listed in this article or is not defined elsewhere in this ordinance, the conventional meaning of the term shall apply.

The Zoning Administrator is authorized to make a final determination of the meaning of any term used in this ordinance. In case of any dispute, an appeal of the Zoning Administrator's determination may be filed with the Zoning Board of Adjustment.

Cross reference— See § 278 for administrative appeal procedures.

In the interpretation of the words used in this ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise.

(1)

Words used or defined in one tense or form shall include other tenses and derivative forms.

(2)

Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

(3)

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

(4)

The word shall is mandatory, and the word may is permissive.

(5)

The word person includes an individual, firm, association, organization, partnership, trust, company, or corporation.

The following general terms when referred to in this ordinance shall have the meanings defined by this section:

Abut, adjacent, adjoin, or contiguous. To physically touch or border upon; to share a common border with or be separated from the common border by an easement.

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

Access driveway. Refer to Section 190, Off-street parking and loading terms defined.

Accessory structure. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory use. A use of land or of a building or portion thereof commonly associated with and integrally related to the principal use of the land or building on the same lot and which constitutes a customarily incidental and insubstantial part of the total activity on the lot.

Acre. A measure of land area containing 43,560 square feet.

Addition. A structure added to the original structure at some time after completion of or after a certificate of occupancy has been issued for the original structure.

Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Applicant. A person submitting an application for development.

Appraised cost or value. Refer to Section 296, Appraised or value.

Base flood or 100-year flood. Refer to Section 163, Flood hazard terms defined.

Basement. A portion of a building located wholly or partially underground, having one-half or more of its floor-to-ceiling height above the average grade of the adjoining ground.

Bedroom. A room marketed, designed or otherwise likely to function primarily for sleeping.

Berm. A grass-covered or landscaped mound of earth with a slope of ⅓ or greater on both sides of mound, used to screen activities or uses on a lot.

Board or Board of Adjustment. The Zoning Board of Jasper, Alabama.

Boarder. An individual other than a member of the family occupying the dwelling unit or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

Buffer yard. Refer to Section 211, Screening and buffer yard terms defined.

Building. A structure designed to be used as a place of occupancy, storage, or shelter.

Building, accessory. A subordinate building detached from a principal building on the same lot and that is used incidentally to a principal building or that houses an accessory use.

Building, principal. The primary building on a lot or a building that houses a principal use.

Building front. The exterior wall of a building which faces a street line on the lot.

Building height. Refer to Section 111, Dimensional terms defined.

Building line. A line generally parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located.

Building spacing. The minimum distance between buildings, measured from the outermost projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices, and gutters.

BR. Refer to Section 190, Off-street parking and loading terms defined.

Carport. A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

Church. Any church, synagogue, mosque, temple, or building that is used primarily for religious worship and related religious activities.

City. The City of Jasper, Alabama.

Commission or Planning Commission. The Planning Commission of Jasper, Alabama.

Club. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

Commonly Associated. Refer to Section 42, Combined and accessory uses.

Condominium. An ownership arrangement, not a land use. It is allowed in any district and under the same restrictions as the land uses that it comprises. It is characterized by private ownership of individual units and undivided common ownership and maintenance of designated exterior and interior spaces by a condominium association of unit owners.

Council or City Council. The City Council of Jasper, Alabama.

Density. The minimum required lot area per dwelling unit or the maximum number of dwelling units per acre of site area.

Development. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, alteration, relocation, or enlargement of a structure; any mining, dredging, filling, grading, paving, excavation, drilling, or disturbance of land; and any use or extension of use of land. Also refer to Section 163, Flood hazard terms defined.

DU. Refer to Section 190, Off-street parking and loading terms defined.

Dwelling. Any building or portion thereof which is designed and used for residential occupancy.

Dwelling, attached. Three or more dwelling units adjoining one another by a common roof, wall or floor, such as a multiplex, townhouse, garden apartment, multistory apartment, or upper-story apartment.

Dwelling, detached. A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, such as a single-family residence, patio home, or manufactured home.

Dwelling, multi-family. A building containing two or more dwelling units on a commonly shared lot, such as duplex, multiplex, garden apartment, multi-story apartment, or upper-story apartment.

Dwelling, semi-detached. Two dwelling units adjoining one another by a common roof, wall, or floor, such as a duplex or twin townhouses.

Dwelling, single family. A dwelling unit on an individual lot, such as a single family residence, patio home, manufactured home, or townhouse.

Dwelling unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use by a single family.

Easement. Authorization by a property owner of the use by another and for a specified purpose of a designated part of his property.

Employee. Refer to Section 190, Off-street parking and loading terms defined.

Enclosed facility. A fully floored, walled, roofed, locked, and secured building, room, greenhouse, or warehouse facility for cultivating, storing, processing, or dispensing cannabis or medical cannabis, at which security is maintained and that is accessible only to persons who are employed or contracted by a licensee, or who have been given permission to come onto the premises and have provided state or federally issued photo identification.

Family. One or more persons living together as a single housekeeping unit.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Flag lot. A parcel of land which does not have the required minimum lot width at the building line but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the flag pole) are parallel or nearly parallel. These provisions are intended for tracts with limited frontage that would limit the number of lots with the required width, but the tract has sufficient area to the rear for an additional lot or two.

Flood or flooding. Refer to Section 163, Flood hazard terms defined.

Floodplain. Refer to Section 163, Flood hazard terms defined.

Floodway. Refer to Section 163, Flood hazard terms defined.

Floodway fringe. Refer to Section 163, Flood hazard terms defined.

Floor area, gross. The total area of a building measured by taking the outside dimensions of the building at each floor level for occupancy or storage.

GLA. Refer to Section 190, Off-street parking and loading terms defined.

Immediate family member. Refer to Section 64, Accessory apartment, Section 65, Accessory cottage, § 66, Accessory manufactured home, and Section 115, Frontage requirement.

Improvement. Any man-made, immovable item which becomes part of, placed upon, or affixed to real estate.

Inoperative motor vehicle. Refer to Section 190, Off-street parking and loading terms defined.

Livable or habitable floor area. Any floor area within a dwelling usable for any combination of sleeping, eating, cooking, recreation, or working purposes.

Loading area. Refer to Section 190, Off-street parking and loading terms defined.

Loading space. Refer to Section 190, Off-street parking and loading terms defined.

Lot. A parcel of land in one ownership used, or set aside and available for use, as the site of one or more buildings and accessory buildings, or for any other purpose. A lot is not divided by a street and does not include any land within the abutting right-of-way of a public or private street even if the ownership to such right-of-way is in the owner of the lot. A lot for the purpose of this ordinance may or may not coincide with a lot of record.

Lot, corner. A lot abutting two or more streets at their intersection.

Lot, double frontage or through. A lot having frontage on two streets but not at their intersection.

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

Lot, reverse frontage. A double frontage lot having a rear yard on a major street and a front yard and access to a local or marginal access street.

Lot area or lot size. Refer to Section 111, Dimensional terms defined.

Lot frontage or frontage. Lot width measured at the street line. When a lot has more than one street line, lot width shall be measured, and the minimum lot width required by this ordinance shall be provided at each such line.

Lot line. A line bounding a lot which divides one lot from another or from a street or from any other public or private space.

Lot line, front. In the case of a lot abutting only one street, the street line separating such lot from such streets shall be the front lot line; in the case of a double frontage lot, each street line separating such lot from a street shall be the front lot line, in the case of a corner lot, the street line having the least dimension.

Lot line, rear. That lot line which is parallel to and most distant from the front line of the lot. In the case of an irregular or triangular lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front line shall be considered to be the rear lot line. In the case of a double frontage lot, there are no rear lot lines but only front and side lot lines.

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

Lot of record. Any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances, and regulations.

Lot width. Refer to Section 111, Dimensional terms defined.

Lowest floor. Refer to Section 163, Flood hazard terms defined.

Manufactured home. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electric systems contained therein. If constructed on or after June 15, 1976 the unit bears a seal certifying compliance with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. Also refer to Section 163, Flood hazard terms defined.

Manufactured home lot. A lot that is designed for use by a manufactured home within a manufactured home subdivision.

Manufactured home space. A space that is designed for use by a manufactured home within a manufactured home park.

Medical cannabis cultivation facility. An entity licensed by the Department of Agriculture and Industries under § 20-2A-62, Code of Alabama (1975), authorized to grow cannabis under said Act.

Medical cannabis dispensary. An entity licensed by the Alabama Medical Cannabis Commission under §20-2A-64, Code of Alabama (1975), authorized to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers under said Act.

Medical cannabis integrated facility. An entity licensed under § 20-2A-67, Code of Alabama (1975), authorized to perform the functions of a cultivator, processor, secure transporter, and dispensary under said Act.

Medical cannabis processing facility. An entity licensed by the Alabama Medical Cannabis Commission under § 20-2A-63, Code of Alabama (1975), authorized to purchase or transfer cannabis from a cultivator and process the same for sale to a dispensary.

Medical cannabis secure transport. An entity licensed by the Alabama Medical Cannabis Commission under § 20-2A-65, Code of Alabama (1975), authorized to transport cannabis or medical cannabis from one licensed facility or site to another licensed facility or site.

Medical cannabis state testing facility. An entity licensed by the Alabama Medical Cannabis Commission under § 20-2A-66, Code of Alabama (1975), authorized to test cannabis and medical cannabis to ensure the product meets safety qualifications as required.

Modular home. A dwelling constructed on-site in accordance with the locally adopted building code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home is not a manufactured home in that the latter is constructed in a plant in accordance with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development and does not meet the construction standards of locally adopted building code.

Nonconforming building. Refer to Section 291, Types of nonconformities.

Nonconforming characteristics of use. Refer to Section 291, Types of nonconformities.

Nonconforming lot. Refer to Section 291, Types of nonconformities.

Nonconforming use. Refer to Section 291, Types of nonconformities.

Nonconformities. Lawful uses, lot structures, or characteristics of uses which, as a result of adoption or subsequent amendment to this ordinance, no longer conform to all applicable zoning provisions.

Occupancy load. Refer to Section 190, Off-street parking and loading terms defined.

Open space, common. Land area within a residential development that is held in common ownership and maintained by a homeowners' association for all of the residents for recreation, protection of natural land features, amenities, or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this ordinance to ensure that it remains in such uses. Common open space does not include surface water bodies (i.e., rivers, streams, lakes, or ponds) nor land occupied by nonresidential buildings, common driveways or parking areas, or street rights-of-way; nor does it include lots for single family or multi-family dwellings. Common open space shall be left in a natural state or landscaped, except in the case of recreational structures.

Outdoor storage. The keeping, in an unenclosed area, of any goods, materials, merchandise, or vehicles in the same place for more than twenty-four hours.

Owner. The person or persons having the right to legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

Parking aisle. Refer to Section 190, Off-street parking and loading terms defined.

Parking area. Refer to Section 190, Off-street parking and loading terms defined.

Parking space. Refer to Section 190, Off-street parking and loading terms defined.

Patio or terrace. A level, landscaped or surfaced area on a lot directly adjacent to or close to a principal building and not covered by a permanent roof.

Perimeter. The boundaries or borders of a lot, tract, or parcel of land.

Porch. A roofed open area, which may be windowed or screened, attached to and with direct access to or from a building. A porch becomes a room within the building when heated or air conditioned or when the walled area is less than 50% windowed or screened.

Premises. A lot, parcel, tract, or plot of land together with the structures thereon.

Property line. The lot line.

Public or private school. Any kindergarten, elementary school, primary school, middle school, junior high school, high school, or alternative or other secondary school whether public, private, or parochial.

Public park. A green space or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, swimming pool, athletic field, basketball or tennis courts, or other similar public land that is under the control, operation or management of the City of Jasper, or any educational institution located within the City of Jasper.

Residential district. The R-1, -2, -3, and -4 Zoning Districts within the City of Jasper.

Retail. The provision of services or the sale of goods and merchandise to the public at large for personal or household use or consumption.

Satellite dish antenna. An accessory structure designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.

Screening. Refer to Section 211, Screening and buffer yard terms defined.

Sidewalk. A paved, surfaced, or leveled area, paralleling and separated from the street, used as a pedestrian walkway.

Sight triangle. A triangular-shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Site. A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.

Site area. A minimum land area required to qualify for a particular use or development. Site area is taken from an actual site survey and excludes:

—

Land within an existing or future street right-of-way;

—

Land which is not contiguous or is cut off by a major barrier;

—

Land which is zoned for another use.

sf. Refer to Section 190, Off-street parking and loading terms defined.

Start of construction. Refer to Section 163, Flood hazard terms defined.

Story. That portion of a building included between the upper surface of a floor and upper surface of the floor or ceiling next above. A mezzanine or partial floor shall be counted as a story if the vertical distance from the floor next below to the floor or ceiling next above is 24 feet or more. A basement shall be counted as a story if it is used as livable area in the case of dwellings or is used by the principal use in the case of all other uses.

Story, half. A space under a sloping roof, in which the floor area with head room of five feet or greater occupies no more than two-thirds of the total floor area of the story directly beneath.

Street. Any vehicular way which has been dedicated to the public for public use, including all land within the right-of-way.

Street, arterial. A major street intended to move through traffic to and from major activity centers within the City or intended as a major route between communities.

Street, collector. A major street intended to move traffic from local streets to arterial streets. A collector street serves a neighborhood or large subdivision.

Street, local. A minor residential street intended to provide access to other streets from individual lots.

Street, major. A collector or arterial street.

Street, marginal access or service. A street intended to provide access to a parallel arterial street from adjacent properties.

Street line. The lot line along the street right-of-way.

Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. All buildings are structures but not all structures are buildings. Also refer to Section 163, Flood hazard terms defined.

Subdivision. The division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Such term includes resubdivision of land, and when appropriate to the context, relates to the process of subdivision or to the land or territory subdivided.

Substantial improvement. Refer to Section 163, Flood hazard terms defined.

Table of Permitted Uses. Refer to Section 50 Table of Permitted Uses.

This ordinance. The Jasper Zoning Ordinance.

Travel trailer. A structure that is intended to be transported over the streets, either as a motor vehicle or attached to or hauled by a motor vehicle and is designed for temporary recreational use as sleeping quarters but that does not meet the definitional criteria of a manufactured home.

Use. The activity or function that actually takes place or is intended to take place on a lot or site.

Variance. A relaxation or waiver of the terms of this ordinance (other than use provisions) as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, as determined by the Zoning Board of Adjustment.

Yard. Refer to Section 111, Dimensional terms defined.

Yard, front. Refer to Section 111, Dimensional terms defined.

Yard, rear. Refer to Section 111, Dimensional terms defined.

Yard, side. Refer to Section 111, Dimensional terms defined.

Zoning Administrator. An official charged with the administration and enforcement of this ordinance.

(Ord. No. 2019-14, § 1, 9-3-19; Ord. No. 2024-05, § 1, 4-2-24)

The following uses when referred to in this ordinance shall have the meanings defined by this section.

(1) Agricultural Uses.

Farm. A 10 acre or larger tract of land used for the production, keeping or maintenance, for sale or lease, of plants and animals useful to man, including the following farming activities:

—

Forages and sod crops;

—

Grains and seed crops;

—

Dairy animals and products;

—

Poultry, including egg production but excluding poultry processing;

—

Livestock, such as beef cattle, sheep, goats, or any similar livestock, including the breeding and grazing of such animals but excluding meat processing;

—

Nursery operations involving the raising of plants, shrubs, and trees for sale and transplantation and including greenhouses and incidental sales of items customarily associated with a nursery operation;

—

Forestry operations involving the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or performing forest services, including temporary sawmills and chippers for cutting of timber growth on the same premises but excluding lumber yards, mills, and similar activities;

—

Bees and apiary products;

—

Fisheries, excluding fish and seafood processing;

—

Fur animals, limited to the breeding and raising of such animals; and

—

Fruits and vegetables of all kinds, including growing and harvesting of such fruits and vegetables, but excluding food processing.

Refer to Section 61 for supplemented use regulations.

Hobby farm. A five acre or larger tract of land used for the production, keeping or maintenance of farm animals personally useful to the occupants of a dwelling on the same tract. Refer to Section 62 for supplemental use regulations.

Kennel. The keeping of more than three dogs over six months of age or the boarding or raising of small household pets for commercial purposes. Refer to Section 63 for supplemental use regulations.

(2) Residential Uses.

Accessory apartment. An accessory dwelling unit attached to a single family residence. Refer to Section 64 for supplemental use regulations.

Accessory cottage. An accessory dwelling unit detached and located on the same lot as a single family residence. The term includes garage apartments. Refer to Section 65 for supplemental use regulations.

Accessory manufactured home. A manufactured home used as an accessory dwelling to a single family residence on the same lot. Refer to Section 66 for supplemental use regulations.

Combination dwelling. A dwelling unit used in combination with a non-residential use, such as the family residence of a manager, business owner, or security guard within the same building or on the same lot of an institutional, commercial, or industrial establishment.

Duplex. A semi-detached, multi-family dwelling.

Emergency care home. A group care home serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit, under the supervision of one or two resident managers. The home provides a protective sanctuary and emergency housing to victims of crime or abuse, such as rape, child abuse, spouse abuse, or physical beating. Refer to Section 67 for supplemental use regulations.

Family care home. A group care home serving up to ten individuals, unrelated by blood or marriage, living together as a single housekeeping unit, under the supervision of one or two resident managers. The home serves socially, physically, mentally, or developmentally impaired children in a family-type living arrangement, including child care homes for orphans or neglected children, and handicapped or infirm homes for the mentally retarded or mentally ill. The family care home provisions of this ordinance meet or exceed the minimum requirements of Section 11-52-75.1, Regulation as to housing of mentally retarded or mentally ill persons in multi family zone, Code of Alabama, 1975, as amended. Refer to Section 68 for supplemental use regulations.

Garden apartment. Five or more attached, multi-family dwellings within a building of three or less stories. Refer to Section 69 for supplemental use regulations.

Manufactured home, class A. A design-restricted manufactured home placed on a subdivided lot. Refer to Section 70 for supplemental use regulations, Section 163 for "manufactured home" defined as a flood hazard term, and Section 333 for "manufactured home" defined as a general term.

Manufactured home, class B. A conventional manufactured home placed on a subdivided lot. Refer to Section 71 for supplemental use regulations Section 163 for "manufactured home" defined as a flood hazard term, and Section 333 for "manufactured home" defined as a general term.

Manufactured home park. A tract of land used or designed to accommodate a manufactured home community of multiple spaces for lease or condominium ownership. Refer to Section 72 for supplemental use regulations, Section 163 for "manufactured home" defined as a flood hazard term, and Section 333 for "manufactured home" defined as a general term.

Modular home, Class A. A factory-built structure, other than a manufactured home, which is designed only for erection or installation on a site-built permanent foundation, is brought to its destination in multiple pre-fabricated pieces and is assembled on the foundation; is not designed to be moved once so erected or installed; and is designed and manufactured to comply with the locally adopted building code.

Modular home, Class B. A factory-built structure, other than a manufactured home, which is designed only for installation on a site-built permanent foundation, is constructed on a single chassis to be moved as a whole from the factory to its destination; is designed and manufactured to comply with the locally adopted building code.

Multiplex. Three or four attached, multi-family dwellings within a building of three or less stories. Refer to Sections 73 for supplemental use regulations.

Multi-story apartment. Attached, multi-family dwellings within a building of four or more stories. Refer to Section 74 for supplemental use regulations.

Patio home. A detached, single family dwelling constructed on-site in accordance with the Standard Building Code. The unit occupies a small lot and has an enclosed yard area with a porch or patio. Refer to Section 75 for supplemental use regulations.

Planned residential development. A tract of five or more acres planned and developed as an integral unit under single ownership or control, consisting of one or more types of the following types of single family dwellings: single family residences, patio homes, and townhouses. These use provisions permit a developer to create smaller lots than in a conventional development, and leave the land saved by so doing as usable open space. Refer to Section 76 for supplemental use regulations.

Short-term rental. A building that is leased in exchange for a fee or charge as overnight accommodations for occupation by a person or persons for a period of thirty (30) days or fewer consecutive days.

Single family residence. A detached, single family dwelling constructed on-site in accordance with the Standard Building Code.

Townhouse. An attached or semi-detached, single family dwelling within a building of eight or less units. Refer to Section 77 for supplemental use regulations.

Upper-story apartment. A multi-family dwelling located in the upper story of a building where the ground floor is devoted to commercial or institutional uses.

(3) Institutional Uses.

Airport. A place where aircraft can land and take off with related facilities such as terminals, hangars, refueling and repair facilities, passenger accommodations, and other integrally related facilities.

Animal shelter. Non-profit (SPCA) or public organization providing shelter for small domestic animals.

Boarding house. A dwelling for the residency of two or more boarders on a long term basis (at least month-to-month). Each unit intended to be rented does not constitute a "dwelling unit" as defined by this ordinance.

Cemetery. Human burial grounds. Refer to Section 78 for supplemental use regulations.

Community center. Buildings arranged for the community gathering for social, cultural, or community service purposes, including museums, galleries, community meeting rooms, community recreation centers, libraries, YMCA's, YWCA's and similar uses.

Community service club. Buildings arranged for the gathering of private club members and their guests, including social club, professional association, fraternal club or lodge, union hall, civic association, and similar uses.

Country club. Land and buildings containing recreational facilities and club house for private club members and their guests.

Day care center. A licensed facility, other than a residence, providing day care on a regular basis to more than six children, elderly, or handicapped or infirm persons.

Day care home. A licensed service operated from a dwelling by the resident, providing day care on a regular basis to six or less children, elderly, or handicapped or infirm persons.

Domiciliary care facility. Licensed homes for the aged, intermediate institutions, and related institutions (not otherwise defined by this section), whose primary purpose is to furnish room, board, laundry, personal care, and other non-medical services, regardless of what it may be named or called, for not less than 24 hours in any week, to individuals not related by blood or marriage to the owner or administrator. This kind of care implies sheltered protection and a supervised environment for persons, who because of age or disabilities, are incapable of living independently in their own homes or a commercial board and room situation, yet who do not require the medical and nursing services provided in a nursing home. In these facilities, there might be available temporarily and incidentally, the same type of limited medical attention as an individual would receive if living at home.

Home instruction. Instruction in the arts, music, or academic subjects given from a dwelling by the resident to up to four students at a time, except in the case of musical instruction which shall be limited to up to two students at a time.

Hospital. An establishment which provides health services primarily for inpatient medical or surgical care of the sick or injured, including accessory facilities such as laboratories, pharmacies, out-patient clinics, training facilities, gift shops, coffee shops, cafeterias, and staff offices.

Military installation. A government-sponsored defense facility, including military bases, national guard centers, military reserve centers, armories, and similar uses.

Nursing care facility. A licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital but at a higher level than provided in a domiciliary care facility.

Park. Publicly-owned and operated parks, playgrounds, recreation facilities, and open spaces.

Penal institution. A public institution housing inmates for correction or rehabilitation.

Place of worship. Buildings arranged for religious service purposes, such as churches and synagogues, including related facilities for instruction, meeting, recreation, lodging, eating, and other integrally related activities.

Public assembly center. Buildings arranged for the general assembly of the public at-large for community events, including coliseums, stadiums, civic centers, and similar uses.

Public facility. Buildings arranged for the purpose of providing public services, not otherwise listed in this section, including government offices, post offices, transit stations, police stations, fire and emergency service stations, civil defense operations, and similar uses.

Public utility facility. Facility that provides public utility services to the public at large, including water and sewerage facilities, gas distribution facilities, electric transmission and distribution facilities, and cable transmission and distribution facilities.

Public utility service. Essential utility services which are necessary to support development and which involve only minor structures such as lines and poles.

Rehabilitation facility. An institutional facility providing residential and custodial [care] for the rehabilitation of socially-impaired individuals who are indigent, recovering from addiction to drugs or alcohol, or recently released from a penal institution.

School. Public or non-profit school.

(4) Commercial Uses.

Animal hospital. A place where small household pets are given medical or surgical treatment and short term boarding of pets within an enclosed building may be provided.

Bank or financial service. A business engaged in providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, and similar businesses. Refer to Section 79 for supplemental use regulations.

Broadcast studio. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms, including film and sound recording, such as a radio studio, TV studio, or a telegraphic service office.

Business or professional office. A place where the administrative affairs of a business or profession is conducted such as the office of a law firm, real estate agency, insurance agency, architect, secretarial service, the administrative staff of business or industry, and the like.

Business support service. A place of business which supplies support services primarily to business or professional offices or services, such as photocopy, computer, and office equipment, supplies and services.

Campground. A group of buildings or structures on a site of 10 or more acres planned as a whole for seasonal recreation or vacation uses, including tent campsites, travel trailer or recreational vehicle sites, vacation cottages, recreational facilities, eating facilities, bathrooms, and sale of personal care items and gifts. Refer to Section 68 for supplemental use regulations.

Car wash. A commercial establishment engaged in washing or cleaning automobiles and light vehicles.

Climate controlled storage facility. A building or group of buildings containing separate-interior storage spaces which are leased on an individual basis for the exclusive purpose of storing non-hazardous household goods, but not including the storage of materials for a commercial or industrial enterprise or for any activity other than dead storage. Refer to section 94 for supplemental use regulations.

Clinic. A facility providing medical, psychiatric, or surgical services for sick or injured persons exclusively on an out patient basis.

Commercial parking. Parking of motor vehicles on a temporary basis within a commercially operated, off-street parking lot or garage.

Commercial school. Private, gainful business providing instructional service in the arts, business, crafts, trades, and professions.

Convenience store. A one story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket), including, not more than one automotive fuel service island. Refer to Section 81 for supplemental use regulations.

Entertainment, indoor. A commercial establishment providing spectator entertainment within an enclosed building, including movie theaters, playhouses, and similar indoor facilities.

Entertainment, outdoor. A commercial establishment providing spectator entertainment in open or partially enclosed or screened facilities, including sports arenas, racing facilities, and amusement parks.

Farm support business. A commercial establishment engaged in the sale of farm support goods and services, including the following activities:

— The sale of feed, grains, fertilizers, pesticides, and similar farm support goods;

— The provision of warehousing and storage facilities for raw farm products; and

— The provision of veterinary service to large animals.

Funeral home. A commercial establishment engaged in funeral and undertaking services for human burial.

Garbage transfer station. A facility, either enclosed, unenclosed or a combination thereof in which garbage, trash, refuse, junk, waste products, medical waste, biohazardous waste or other similar items other than that generated at that location are temporarily stored for transfer to other facilities.

Garden center or nursery. Retail sales of plants, trees, shrubs, and the like for ornamental or landscaping purposes, conducted from a building, greenhouse, outdoor display area, or stand, including incidental sales of items customarily associated with such sales activities, including such items as containers, fertilizers, ornaments, small gardening tools and equipment, and seeds.

General retail business, enclosed. Retail sales of goods and services, not otherwise defined by this section, conducted within an enclosed building, including, but not limited to, food sales, department stores, clothing stores, home furnishings sales, appliance stores, auto supplies stores, gift shops, specialty stores, jewelry stores, cosmetics sales, package liquor stores, tobacco stores, drug stores, variety stores, catalogue stores, and similar enclosed retail businesses.

General retail business, unenclosed. Retail sales of goods and services, not otherwise defined by this section, conducted partially or fully outside of a building, including, but not limited to, sidewalk sales, outdoor food service, outdoor tire sales, and other outdoor display or sales.

Home improvement center. A place of business providing building, appliance, yard and garden materials, tools, and supplies at retail and wholesale.

Home occupation. A business, profession, occupation, or trade conducted for gain or support and located entirely within the living area of a dwelling as an incidental activity of the resident. Refer to Section 82 for supplemental use regulations.

Hotel or motel. A commercial facility offering transient lodging accommodation on a daily or weekly basis to nine or more guests, which may include as an integral part of the facility, such additional services as restaurants, meeting rooms, banquet rooms, gift shops, and recreational facilities.

Laundry service. A commercial establishment providing laundering, dry cleaning, or dyeing service (other than a laundry or dry cleaning pick-up station defined under personal service), such as a laundry and dry cleaning plant, diaper or linen service, or laundromat.

Liquor lounge. A licensed establishment engaged in the preparation, sale or serving of liquor for consumption on the premises, including taverns, bars, cocktail lounges, night clubs, bottle clubs, private clubs, restaurant lounges, hotel lounges, motel lounges, discotheques, dance halls, and similar uses where liquor consumption is a primary or incidental activity on the premises of the establishment. Not included within this definition are establishments which sell or serve only beer or wine as an incidental activity on the premises or establishments which sell liquor, beer, or wine in packages for off-premises consumptions.

Livestock sales. The sale of animal livestock within an enclosed yard or structure, including livestock markets, horse auctions, and similar activities. Refer to Section 83 for supplemental use regulations.

Medical support service. A place of business which supplies medical support services to individuals, medical practitioners, clinics, and hospitals, such as a pharmacy (where the business activity is limited to the filling of medical prescriptions and the sale of drugs and medical supplies), medical and surgical supply store, an optician, and the like.

Mini-warehouse. A building or group of buildings containing separate storage spaces which are leased on an individual basis for the exclusive purpose of storing non-hazardous household goods, but not including the storage of materials for a commercial or industrial enterprise or for any activity other than dead storage. Refer to Section 84 for supplemental use regulations.

Open air market. Retail sales of arts, crafts, produce, discount or used goods partially or fully outside of an enclosed building, such as a flea market, produce market, craft market, or farmer's market. Refer to Section 85 for supplemental use regulations.

Personal service. A retail establishment engaged in providing services involving the care of a person, such as a barber shop, cosmetic studio, dry cleaning and laundry pick-up station, indoor exercise and fitness center, tanning salon, seamstress, tailor, shoe repair shop, key repair shop, travel agency, interior decorator, formal wear rental, and similar uses.

Pet cemetery. Burial grounds for small household pets, including funeral service and undertaking services.

Pet grooming shop. A commercial establishment providing services for small animals and pets. It shall include the incidental retail sale of grooming supplies such as soaps, shampoos, other associated items, and short term boarding of small animals and pets. Refer to section 89 for supplemental regulations.

Recreation, indoor. A commercial establishment providing recreational or sports activities to participants within an enclosed building, including bowling alleys, billiard parlors, video game centers, ice and roller skating rinks, and other commercial indoor recreational and sports activities.

Recreation, outdoor. A commercial establishment providing recreation or sports activities to participants in open or partially enclosed or screened facilities, including driving ranges, miniature golf courses, swimming pools, tennis courts, and other commercial outdoor recreational and sports activities.

Restaurant, fast food. An establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-thru, or drive-in and may also include standard sitdown consumption.

Restaurant, standard. An establishment where food and drink are prepared, served, and primarily consumed within the building where guests are seated and served.

Shopping center, community or regional. A group of commercial establishments (as permitted in the district) located on a lot of ten or more acres planned and developed in a unified design with shared parking and driveway facilities and under common management authority.

Shopping center, neighborhood. A group of commercial establishments (as permitted in the district) located on a lot of three to less than ten acres planned and developed in a unified design with shared parking and driveway facilities and under a common management authority.

Specialty retail center. A group of commercial establishments (as permitted in the district) located on a lot of one to less than three acres planned in a unified design with shared parking and driveway facilities and under common management authority. The center may be a new development or involve the resubdivision and redevelopment of residential lots so as to create a planned grouping of buildings and commercial uses with common parking areas and access drives under a common management authority. Refer to Section 86 for supplemental use regulations.

Specialty retail establishment. A commercial establishment or service such as an antique shop, art shop, bicycle shop, book store, camera shop, curio shop, clothing store, florist shop, gift shop, hobby shop, home furnishing store, music store, photography studio, and other retail sales or services determined by the Zoning Administrator to be of an equivalent specialized nature but excluding department stores, variety stores, automotive uses, pharmacies, recreational uses, restaurants, liquor stores, bars or taverns. Refer to Section 86.1 for supplemental use regulations.

Stable. A commercial establishment engaged in the raising, keeping, boarding, or training of horses, ponies, and similar animals, including riding academies and incidental sales of riding accessories and animals raised or regularly kept on the premises.

Studio. A place of work by an artist, photographer, or craftsman, including instruction, display, production, and retail sales of materials produced on the premises.

Tourist home or bed and breakfast inn. An establishment, which may be a dwelling, which provides lodging for three to eight transient guests on a short term basis (daily or weekly).

Vehicle repair service. A place of business engaged in the repair and maintenance of automobiles, light trucks, travel trailers, recreational vehicles, or boats, including the sale, installation, and servicing of mechanical equipment and parts but not including painting, body work, upholstery work, fabrication of parts, or rebuilding of engines.

Vehicle sales or rental. A commercial establishment engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational vehicles, boats, or motorcycles, including incidental parking, storage, maintenance, and servicing.

Vehicle service station. A commercial establishment providing fuel, lubricants, parts, and accessories, and incidental repair and maintenance service to motor vehicles.

(5) Industrial Uses.

Construction service. A place of business engaged in construction activities and incidental storage as well as wholesaling of building materials (but not a home improvement center which also sells at retail), such as a building contractor, trade contractor, or wholesale building supplies store.

Heavy industry. Meat or poultry processing and slaughterhouses or the storage or manufacturing involving flammable or explosive materials or involving potentially hazardous or commonly recognized offensive conditions.

Maintenance service. An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services.

Manufacturing, general. The basic processing and manufacturing of materials or products predominately from extracted or raw materials and the incidental storage, sales, and distribution of such products.

Manufacturing, light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assemble, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products.

Research lab. An establishment engaged in research of an industrial or scientific nature, excluding product testing, such as an electronics research lab, research and development firm, or pharmaceutical research lab.

Resource extraction. The removal of soil, sand, clay, gravel, minerals, or similar materials for commercial purposes, including quarries, borrow pits, sand and gravel operations, gas extraction, and mining. Refer to Section 87 for supplemental use regulations.

Salvage yard. A place of business engaged in the storage, sale, dismantling or other processing of used or waste materials, such as a junk or automotive salvage yard.

Sanitary landfill. A state-approved site for solid waste disposal.

Transmission tower. A tower used for the transmission of radio and television signals to the general public or private receivers, other than amateur radio towers and towers used by a public facility.

Vehicle and equipment repair, major. A place of business engaged in the repair and maintenance of heavy trucks (over one ton), construction equipment, tractors and implements or engaged in painting, body repair, upholstery repair, fabrication of parts, or rebuilding of engines.

Vehicle and equipment sales, major. A place of business engaged in the sale or rental of heavy trucks (over one ton), construction equipment, tractors and farm implements, manufactured homes, and similar heavy equipment, including incidental storage maintenance, and servicing.

Warehousing, wholesaling, and distribution, enclosed. A place of business engaged in warehousing, wholesaling, or distribution services within a building.

Warehousing, wholesaling, and distribution, open. A place of business engaged in open air warehousing, wholesaling, or distribution services.

(6)

Temporary Uses.

Garage or yard sales. The sale by a resident, conducted on the premises of a dwelling, of personal property belonging to the occupant of such dwelling. Refer to Section 88 for supplemental use regulations.

Seasonal sales. Temporary seasonal sales of produce, ornamental plants, fire wood, Christmas trees, and other temporary sales that are unlike the usual activities on the lot where the sales occur.

Special event. Circuses, fairs, carnivals, festivals, benefits, religious events, or similar types of temporary outdoor events that run longer than one day but no longer than thirty days, are likely to attract large crowds, and are unlike the usual activities on the lot where the event occurs.

(Ord. No. 1990-258, § 1, 9-18-90; Ord. No. 2001-729, § 1, 4-3-01; 2002-42, 10-1-02; Ord. No. 2009-09, §§ 1, 2, 4-21-09; Ord. No. 2011-09, § 1, 4-5-11; Ord. No. 2019-14, § 1, 9-3-19; Ord. No. 2024-07, § 1, 6-4-24)