The purpose of the definitions provided below is to define those words and terms that have a specialized meaning and/or may be used in an unfamiliar way for the purposes of this title. In addition, the following definitions, where deemed necessary, include examples or clarifications that will assist in the understanding of the terms and in the application and enforcement of the zoning code. The following definitions shall pertain to the regulations, processes, and standards contained within this Title only. Definitions found in other adopted titles, ordinances, resolutions, codes, and/or regulations shall be subordinate in meaning to the definitions contained herein in applying the provisions of this title.

For the purposes of this title, certain words are defined as follows: Words in the present tense include the future tense; words in the singular shall include the plural; the word "shall" is mandatory; the word "should" indicates that which is recommended but not required; the word "may" is permissive. All words in this Title shall have their plain and ordinary meaning unless otherwise defined herein below.

(Ord. 5180 Sec. 1, 2007)

Academy means a school for a special field of study such as dance, art and martial arts.

(Ord. 5180 Sec. 1, 2007)

Accessory means a use, activity, structure or part of a structure that is subordinate and incidental to the main activity or structure on the subject property.

(Ord. 5180 Sec. 1, 2007)

Accessory Dwelling Unit (ADU), Attached means a second dwelling unit added to or created within an existing single-family dwelling to use as a completely independent or semi-independent unit with provisions for cooking, eating, sanitation and sleeping. Attached for purposes of "attached" ADUs means the accessory dwelling unit has one or more vertical and/or horizontal wall(s) in common with, or attached to the principal dwelling unit. Connected by a breezeway or similar structure does not constitute an attached structure.

(Ord. 5527 Sec. 1, 2013; Ord. 5180 Sec. 1, 2007)

Accessory Dwelling Unit (ADU), Detached means a freestanding ADU that is not attached or physically connected to the principal dwelling unit.

(Ord. 5527 Sec. 2, 2013)

Accessory Structure means a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure and will not create a nuisance or hazard.

(Ord. 5180 Sec. 1, 2007)

Accessory Use means a use that is located on the same lot and incidental to a principal use.

(Ord. 5180 Sec. 1, 2007)

Adjacent means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. Properties separated by public rights-of-ways are not considered adjacent.

(Ord. 5180 Sec. 1, 2007)

Adult Concessions for the purposes of regulation, Adult Concessions are divided into two subcategories:

(1)

Adult Entertainment; and

(2)

Adult Retail for the purpose of zone assignments in the General Code, Section (18.09).

Adult Concessions means any activity regulated under Chapter 6.35, but is not limited to:

(1)

Adult Entertainment:

(a)

Adult Hotel or Motel is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter, depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or where rooms are routinely let for less than one day or which advertises or holds itself out as specializing in sexual activity;

(b)

Adult Motion Picture Theater means an enclosed or drive-in theater with a capacity of ten or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein;

(c)

Adult Mini Theater means an enclosed or drive-in theater used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein;

(d)

Adult Panorama Theater or Arcade means any place to which the public is permitted or invited and where coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe "specified sexual activities" or "specified anatomical areas."

(e)

Artist - Body Painting Studio means an establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude;

(f)

Live Adult Entertainment Establishment means any building or portion of a building wherein any employee or entertainer is unclothed or in such attire, clothing or costume as to expose to view any specified anatomical areas and which is for the benefit of members of the adult public, or advertised for the use or benefit of members of the adult public.

(g)

Specified Sexual Activities means:

(i)

Human genitals in a state of sexual stimulation or arousal;

(ii)

Acts of human masturbation, sexual intercourse, or sodomy;

(iii)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

(h)

Specified Anatomical Areas means:

(i)

Less than completely or opaquely covered:

(I)

Human genitals, pubic hair, vulva;

(II)

Buttocks, anus;

(III)

Female breasts below a point immediately above the top of the areola; and

(IV)

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

(ii)

"Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance.

(2)

Adult Retail:

(a)

Adult Bookstore means an establishment having as a majority of its stock in trade, books, films, photographs, devices, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified anatomical areas" or "specified sexual activities" or an establishment with a segment or section devoted to the sale or display of such material;

(b)

Adult Packages means an establishment having as a majority of its stock in trade is, clothing, garb, costumes, novelties, videos, gift packages etc., or an establishment with a segment or section devoted to the sale or display of such material.

(Ord. 5180 Sec. 1, 2007)

Airports or Airfields means any area of land designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

(Ord. 5180 Sec. 1, 2007)

Alcohol Beverage Sales (Packaged) means stores selling primarily alcohol beverages.

(Ord. 5180 Sec. 1, 2007)

Alley means a public or private way permanently reserved as a secondary, but not primary, means of access to abutting property.

(Ord. 5180 Sec. 1, 2007)