- DEFINITIONS
For the purpose of this article certain words and terms are defined as follows: Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word "shall" is mandatory and not directory.
(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)
Accessory building: A subordinate building customarily incidental to and located on the same lot with the main building.
Accessory structure: A subordinate structure customarily incidental to and located on the same lot with the main building or structure.
Accessory use: A subordinate use customarily incidental to and located on the same lot with the main use.
Adult: Any person who is eighteen (18) years of age or older.
Adult book store: An establishment having more than fifty (50) percent of the face value of its stock in trade, books, magazines, motion pictures, periodicals, and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified anatomical areas" hereinbelow defined or an establishment with a segment or section devoted to the sale of display of such material.
Adult day care facility: A facility which provides non-medical care to three (3) or more persons eighteen (18) years of age and older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour a day basis. Any persons who are related to the provider by blood or marriage shall not be included in the total number of persons for which care is provided.
Adult motion picture theater: Any public place, whether open or enclosed, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," hereinbelow defined, for observation by patrons therein.
Adult-oriented establishments: Sexually explicit establishments which cater to an exclusively or predominantly adult clientele and including, but not limited to: Adult bookstores, adult motion picture theaters, cabarets and other enterprises which regularly feature materials, acts or displays involving complete nudity or exposure of the "specified anatomical areas" hereinbelow defined and/or sexual excitement or enticement.
Aged persons: Persons who are fifty-five (55) years of age or older.
Agritourism: A form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining and/or educating the visitors and generating income for the farm, ranch, or business owner. This includes the sales of agricultural products produced on site.
Airsoft range: See "paintball/airsoft range" as hereinbelow defined.
Alteration, interior: Any change in the interior walls of a building.
Alteration, structural: Any change in the exterior walls, foundation or other supporting members of a building or structure.
Apartment: See "Multi-dwelling structure" as defined hereinbelow under "Residential structure types."
Assisted living facility: A building, establishment, complex, or distinct part thereof which accepts aged persons, whom constitute a substantial majority of not less than eighty-five (85) percent of the facility population, for domiciliary care provided that residential units may be shared with a person under the age of fifty-five (55), if the head of household meets the definition of an aged person. The facility provides on-site to its residents, room, board, nonmedical living assistance services appropriate to the residents' respective needs, and medical services as prescribed by each resident's treating physician.
Auto wrecking yard: Any space or building used by the owner or operator for the dismantling of two (2) or more inoperable vehicles or vehicles not in running condition, or for storage of such vehicles or the dismantled parts thereof.
Boarding home for sheltered care: A profit or nonprofit boarding home, rest home or other home licensed by the appropriate governmental agency which in addition to providing food and shelter to three (3) but not more than twelve (12) persons unrelated to the proprietor, also provides, any personal care or service beyond food, shelter, and laundry. Such services may include: (1) supervision and assistance in dressing, bathing and maintenance of good personal hygiene; (2) care in emergencies or in temporary illness, usually for periods of one (1) week or less; (3) supervision in the taking of medications; and (4) other services conducive to the residents' welfare.
Boarding house: A dwelling or part thereof in which lodging is and meals from a common kitchen are provided by the owner or operator for not more than twelve (12) persons.
Boat livery: An establishment, which can include docking facilities, at which boats are rented for recreational purposes.
Boatel: A combination of a motel and marina that is accessible to boats as well as automobiles and may include overnight accommodations for transients and permanent staff, eating and drinking facilities, and meeting rooms.
Buffer strip: A greenbelt planting strip twenty (20) to sixty (60) feet in width extending along the entire length of one or more commercial or industrial property lines, planted with trees and shrubs of a given height and distance apart and in a given planting pattern.
Build-to line: A line running parallel to a street to which the front of buildings are sited.
Building: Any structure built for the support, shelter or enclosure of persons, animals, moveable possessions, or property of any kind which has a roof and enclosing walls for at least fifty (50) percent of its perimeter. The term "building" shall be as if followed by the words "or part thereof." For the purpose of area and height limitations this definition shall be applicable to sheds and open sheds.
Business park: A tract of land that is planned, developed, and operated as an integrated facility for a number of individual business, research, assembly, distribution, or light manufacturing uses with consideration to transportation facilities, circulation, parking, utilities, aesthetics, and compatibility.
Business service: Any activity conducted for gain, which renders services primarily to other commercial and industrial enterprises, or which services and repairs appliances and machines used in a home or business.
Cabaret: Any restaurant, bar, dance hall, nightclub or other such place which features dancers exhibiting "specified anatomical areas" (as defined below), strippers, male or female impersonators or similar entertainers.
Child day care facility: A facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. Types of child day care facilities are defined in the following categories:
Child day care center: An agency or organization licensed by the state department of human services to provide care, protection and supervision for thirteen (13) or more children in a group center, preschool, or extended day care facility.
Day care home: A residence licensed by the state department of human services in which care, protection, and supervision are regularly provided for at least five (5) but not more than seven (7) children. The provider shall live in the residence. Any children who are related to the provider by blood, or marriage, or who are legal wards or foster children of the provider, and reside with the provider, shall not be included in this number; however, the total number of children receiving care shall not exceed twelve (12).
Group day care home: A residence licensed by the state department of human services in which care, protection, and supervision are regularly provided for at least eight (8) but not more than twelve (12) children, including any children related to the provider by blood, or marriage, or who are legal wards or foster children of the provider.
Club: An association or group of persons organized for some common purpose, but not including such associations or groups organized to render a service which is customarily carried on as a business.
Commercial mulching operation: A type of solid waste processing facility that processes woody waste consisting of stumps, trees, limbs, branches, bark, leaves and other clean wood waste which has undergone size reduction by grinding, shredding, or chipping and is distributed to the general public for landscaping and horticultural purposes. Such woody waste is generally transported to the operation from off-site, and the mulch product is sold to the general public. (See "Solid waste processing facility.")
Commercial vehicles: Any vehicle designed, maintained or used primarily for hire, compensation or profit.
Composting facility: A type of solid waste processing facility for the purpose of processing waste that undergoes biological decomposition of organic matter. Such waste has been stabilized to a degree which is potentially beneficial to plant growth and which is suitable for use as a soil amendment, artificial top soil, growing medium amendment, or other similar uses. (See "Solid waste processing facility.")
Congregate housing: A dwelling licensed by the appropriate governmental agency providing shelter and services for the elderly which may include meals, housekeeping and personal care assistance. The residents may be functionally impaired or socially isolated, but otherwise in good health. The residents can maintain a semi-independent life style and do not require more intensive care as provided in a nursing home.
Contractor: Any person or firm engaged in construction, building trades, landscaping services or maintenance, on a contract basis, either licensed or unlicensed.
Contractor's storage yard: An outdoor area used for the storage of equipment and/or materials used for providing contracting services, including but not limited to building construction, heating, plumbing, roofing, landscaping and excavation.
Corner lot: A lot abutting upon two (2) or more roads at their intersection, provided the angle at which the roads intersect does not exceed one hundred thirty-five (135) degrees.
Demolition landfill: An engineered method of disposal of material that results from construction, land clearing, landscaping or demolition activity. Such materials would include concrete, steel, clean soil, rubble, rock, inert road spoils, gypsum board, brick, glass, lumber, vinyl siding, roofing, fiberglass insulation, asphalt-impregnated materials, tree stumps, brush, branches, leaves and clippings or any other material approved by the state department of health and environment; but not toxic materials such as paint thinners, caulking compounds, asbestos or material containing asbestos, paving and sealing components still in a liquid or semi-solid state, or agricultural wastes or any other material prohibited by the state department of health and environment.
Demolition landfill site: All or a portion of a parcel or contiguous parcels which is intended to be used as a demolition landfill. The site shall include all borrow areas and areas of ingress and egress, all structures and other improvements on the land for processing and disposal of solid waste material and all buffers, berms, fences and set backs. The development plan as approved will constitute the site.
Domestic employee: A person hired by a household to perform general household services such as nanny, baby-sitting, cooking, cleaning, laundering, gardening, yard and maintenance work, caregiving and other duties commonly associated with the meaning of domestic servant.
Dwelling, condominium: A multiple dwelling designed for individual ownership of dwelling units, but joint ownership and/or responsibility for maintenance and upkeep of building, grounds and recreational facilities.
Electronic message center sign: A sign which uses a bank of lights that can be individually lit to form copy such as words, letters, logos, figures, symbols, illustrations, or patterns to form a message without altering the sign face.
Family: The heads of household plus persons who are related to the heads of the household and any domestic employees thereof. These relationships may be of the whole or half blood, by adoption, guardianship, including foster children, or through a marriage to a person with such a relationship with the heads of household.
Fill area: The area containing waste placed for final disposal, not including earthen berms or other appurtenances.
Five hundred (500) year flood: A flood having a two-tenths of one percent (0.2%) chance of occurring in any given year and which, over a long period of time, can be expected to be equaled or exceeded on the average of once every five hundred (500) years.
Flea market: The occasional or periodic sale held in an open area where groups of individual sellers offer goods for sale to the public and the sale goods are moved off the premise between sale dates.
Flood: An overflow of lands not normally covered by water that results in significant adverse effects.
Floodway: The natural channel and the portion of the flood plain along the channel that must be retained solely for the passage of floodwaters to prevent an undue increase in flood heights upstream.
Floodway fringe area: Areas adjacent to a F, Floodway Zone that are below the level of the five hundred (500) year flood.
Floor area ratio (FAR): The number of square feet of floor area in a building, divided by the square feet of lot area.
Garage apartment: A dwelling unit erected above a private garage.
Ground area coverage ratio (GAC): The number of square feet of ground area covered by the building, divided by the square feet of lot area.
Heads of the household: One (1) person or two (2) adult persons establishing a household.
Home occupation: See article 4, "Supplementary regulations," section 4.90, "Home occupations."
Household: One (1) or more persons occupying a dwelling unit.
Inoperable vehicle: Any motor vehicle which does not have an engine in running condition, four (4) tires, a battery, and valid state license plate issued to the person owning the land on which it is parked, or which is in fact abandoned by its owner, or which for any reason is not operable and not repairable, shall be deemed an inoperative motor vehicle.
Knox County Board of Commissioners: The Knox County Commission also referred to as county commission and board of commissioners.
Knox County Codes Administration and Inspections Department: A department of Knox County government authorized to enforce this ordinance, also referred to as the office of building inspector, department of codes administration, codes enforcement, codes and Knox County codes administration and enforcement.
Knox County Highway Department: The department of engineering and public works also referred to as highways and public works, department of engineering and division of engineering and hydrology.
Liner building: A structure that covers one (1) or more sides of a "big box" commercial building, parking structure or similar structure. A liner building must have a ground level entrance to the sidewalk and have a minimum depth of thirty (30) feet.
Live/work unit: A combination of a dwelling unit and business space, such as a shop or office that is open to the public for retail trade or personal or professional services.
Lot: A parcel of land which is or may be occupied by a building and its accessory buildings or uses customarily incident thereto, together with such yards or open spaces within the lot lines as may be required by this resolution.
Lot coverage: The building coverage expressed as a percentage of the total lot or parcel area.
Lot, key: A lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot.
Marina: A facility for storing, servicing, fueling, berthing and securing of pleasure boats. The facility may include eating, sleeping and retail facilities for owners, crews and guests.
Medical, dental, or chiropractic office/clinic: A facility for the examination and treatment of ill or afflicted human outpatients, provided, however, that the patients are not kept overnight except under emergency conditions.
Methadone treatment clinic or facility: A licensed facility for the counseling of patients and the distribution of methadone for outpatient, nonresidential purposes only.
Mini-warehouse: See "Self-service storage facility" as hereinbelow defined.
Mobile home: A single dwelling designed for transportation after fabrication on streets and highways on its own wheels or on a flat bed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like.
Mobile home park: Any area, tract, site or plot of land whereupon three (3) or more mobile homes as herein defined are placed, located or maintained, or intended to be placed, located or maintained for permanent residence, and shall include all accessory buildings used or intended to be used as part of the equipment thereof.
Mobile home park, transient: Any area, tract, site or plot of land open to the traveling public where temporary accommodations are provided for parking travel trailers, camp trailers, house cars, mobile homes or tents.
Mobile home space: A plot of ground within a mobile home park which is designed for and designated as the location for only one (1) automobile and one (1) mobile home and not used for any other purposes whatsoever other than the customary accessory use thereof.
Mobile home subdivisions: A subdivision of land designed for occupancy by mobile homes exclusively and where the individual lots are sold to the occupant.
Motel: A building or group of buildings used for the temporary residence of motorists or travelers.
Nonconforming use: A use of a building or land that does not agree with the provisions of this ordinance for the zone in which it is located.
Nursing home: An extended or intermediate care facility licensed by the appropriate governmental agency(ies) to provide care to those persons who by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. This includes intensive care, intermediate care and long-term care facilities for the elderly.
Off-street parking, class "A": An off-street parking facility, either controlled or uncontrolled, provided for the use of occupants, employees, visitors, patients, patrons, or students, without charge for its use.
Off-street parking, class "B": A controlled or partially controlled off-street parking facility provided for the use of occupants, employees, visitors, patients, patrons, or students, with or without charge for its use. Such facilities shall be operated by or for the owner or owners of the principal use which it is intended to serve.
Off-street parking, class "C": An off-street parking facility operated for profit, which is provided for use by the general public at a fee, whether the fee is charged for a partial hour, hourly, daily, weekly, monthly, or other basis. Such facility shall be considered a commercial parking lot or facility.
Pain management clinic (as found in T.C.A. § 63-1-301): A privately-owned facility in which a medical doctor, an osteopathic physician, an advanced practice nurse, and/or a physician assistant provides pain management services to patients, a majority of whom are issued a prescription for, or are dispensed, opioids, benzodiazepine, barbiturates, or carisoprodal, but not including suboxone, for more than ninety (90) days in a twelve (12) month period. A pain management clinic does not include:
• A medical or dental school, an osteopathic medical school, a nursing school, a physician assistant program or an outpatient clinic associated with any of the foregoing schools or programs;
• A hospital as defined in T.C.A. § 68-11-201, including any outpatient facility or clinic of a hospital;
• Hospice services as defined in T.C.A. § 68-11-201;
• A nursing home as defined in T.C.A. § 68-11-201;
• A facility maintained or operated by the state government; or
• A hospital or clinic maintained or operated by the federal government.
Paintball/airsoft range: An indoor or outdoor facility used for the discharging of paintball and/or airsoft guns for the purpose of target practice, mock war games, or similar competitions. Excluded from these facilities shall be general hunting and the unrestricted and nonrecurring discharging of firearms.
Parking lot: An off-street facility including parking spaces along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six (6) automobiles.
Parking space: An off-street space available for the parking of one (1) motor vehicle and having an area of not less than two hundred (200) square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.
Personal service: An establishment primarily engaged in providing services involving the care of a person or his or her apparel.
Planning commission: The Planning Commission of Knoxville and Knox County also referred to as the planning commission.
Public garage: A building or portion thereof used for the purpose of housing, servicing, repair, or hiring of self-propelled vehicles for pay, or where such vehicles are sold.
Public place: Shall mean any place to which the public or a substantial group of persons has access and congregates, regardless of whether admission is charged thereto, and includes, but is not limited to: Businesses open to the public; highways; transportation facilities; schools; places of amusement; parks, playgrounds, hotels, theaters; auditoriums, restaurants, nightclubs; cocktail lounges; and burlesque houses.
Public safety facility: A facility operated by and for the use of public safety agencies, such as the fire and emergency rescue services, including the dispatch, storage, and maintenance of police and fire vehicles.
Recovery Housing: Housing for six (6) persons or more, with no limit on length of stay, that is occupied by the target population as defined below, and that is linked to on- or off-site services that assist the recovery housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Recreation vehicle: A vehicular-type, portable structure without a permanent foundation that can be towed, hauled, or driven, and primarily designed as a temporary living accommodation for recreational camping and travel use, including, but not limited to: Travel trailers, truck campers, camping trailers, and self-propelled motor homes.
Residential structure types:
Duplex: A building that contains two (2) dwelling units on one (1) lot. The units must share a common wall or common floor/ceiling.
Dwelling unit: A building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for standards.
House: A detached dwelling unit located on its own lot.
House, attached: A dwelling unit located on its own lot that shares one (1) or more common or abutting walls with one (1) or more dwelling units.
Multi-dwelling development: A grouping of individual structures where each structure contains one (1) or more dwelling units. The land underneath the structures is not divided into separate lots. A multi-dwelling development may include an existing house with one (1) or more new detached houses, duplexes or multi-dwelling structures located on the same lot. The key characteristic of this housing type is that there is no requirement for the structures on the lot to be attached.
Multi-dwelling structure: A building, or portion of a building, that contains three (3) or more dwelling units that share common walls or floor/ceilings with one (1) or more units. The land underneath the structure is not divided into separate lots.
Upper-level dwelling: Dwelling units located within a single multi-story building located above nonresidential uses on the ground floor or to the rear of nonresidential uses on the ground floor. In the case of dwelling units located behind nonresidential uses on the ground floor, nonresidential uses must front on the primary street frontage.
Retail sales: The process of selling goods or merchandise to customers for their own personal or household use, including the characteristics of attracting the general public to the place of business, inventorying, selling and receiving merchandise, and with the possibility of processing some of the products where such processing is incidental and subordinate to the selling activity.
Road: A public thoroughfare forty (40) feet or more wide, provided however that any existing thoroughfare less than forty (40) feet wide generally known as a road shall be considered a road for the purpose of this ordinance.
Road line: Right-of-way line of a road.
Roadside stand: A farm structure used or intended to be used solely by the owner or tenant of the farm on which it is located, for the sale of only seasonal farm products of the farm on which it is located.
Rummage sale: A temporary sale conducted by an organization not more than twice during any calendar year where members of the group donate articles or items to the organization for sale from the organization's location for the purpose of raising money for use by the organization.
Rural retreat: A facility owned and operated by an entity for the purpose of providing a rural setting in which lodging, conferences, banquet facilities/restaurants, day spas, recreational amenities and meeting/event facilities are provided with or without compensation. Rural retreat does not include a farm engaged in agriculture as defined by state law.
Sanitary landfill: An engineered method of solid waste disposal as defined by the state department of health and environment.
School: An academic learning center, whether public or private, from the level of nursery through twelfth grade.
Self-service storage facility: A structure containing separate storage spaces of varying sizes, leased or rented to the general public, businesses, or institutions.
Setback line: A line back of the road line, existing or proposed, between which and the road line no building or portion thereof, except as provided in this resolution, may be erected. "Within a setback line" means between the setback line and the road right-of-way.
Shopping center: A group of commercial establishments, planned, developed, owned, and managed as a unit, with off-street parking provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves.
Sign, billboard, or other advertising device: Any structure or part thereof or device attached thereto or represented thereon, which shall display or include any letter, words, model, banner, flag, pennant, insignia or representation used as, or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" or any other type of advertising device, but does not include the flag, pennant, or insignia of any nation, state, city or other political unit. Types of signs are defined in the following categories:
Abandoned sign: A sign which no longer identifies or advertises a bona fide business, lessor, owner, service, product, or activity and/or for which no legal owner can be found.
Advertising sign: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.
Advertising sign, electronic: An advertising sign utilizing electronic means to form or alter the announcement, direction, or advertisement appearing on the sign.
Billboard: A type of advertising sign having more than one hundred (100) square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.
Business sign: A sign which directs attention to the business or profession conducted on the premises. A "for sale," "to let" or "information" sign shall be deemed a business sign.
Ground sign: A sign supported by a pole, uprights, or braces on the ground.
Marquee sign: A projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.
Monument sign: A sign which is supported by and integrated with a solid base, as opposed to poles, posts, or other such supports.
Portable sign: All movable or portable advertising or business signs mounted upon trailers or other structures or devices designed to be transported with only incidental parking and assembling for reuse.
Projecting sign: 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 twelve (12) inches beyond the face of such wall.
Roof sign: A sign that is mounted on the roof of a building or which is wholly dependent upon a building roof for support.
Temporary sign: Temporary signs shall include any sign, banner, pennant, valance, or advertising display constructed of wood, metal, cloth, canvas, light fabric, cardboard, wallboard, or other light material, with or without frames, where either by reason of construction or purpose the sign is intended to be displayed for a short period of time only.
Unipole structure: A single large diameter pole used to support structures.
Wall or face sign: Any sign erected parallel to the face, or on the outside wall, of any building and supported throughout its entire length by such wall where the edges of the sign do not project more than twelve (12) inches therefrom.
Solid waste processing facility: A facility for the purpose of modifying the characteristics or properties of solid wastes to facilitate their transportation, disposal, or re-use, including, but not limited to incineration, composting, separation, grinding, shredding, and volume reduction.
Specified anatomical areas:
a.
Less than completely and opaquely covered:
1.
Human genitals, pubic region;
2.
Buttock; and
3.
Female breast below a point immediately above the top of the areola; and
b.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities:
a.
Human genitals in a state of actual or simulated sexual stimulation or arousal;
b.
Acts of actual or simulated human masturbation, sexual intercourse or sodomy;
c.
Actual or simulated fondling or other erotic touching of human genitals, pubic regions, buttock, or female breast.
Sports playing field: An open space set aside for the playing of field sports that may include benches or bleachers for observers. Sports playing fields include, but are not limited to, baseball, field hockey, football, lacrosse, soccer, softball, and volleyball.
Structure: A combination of materials to form a construction that is safe and stable for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.
Swimming pool: Any structure intended for swimming or recreational bathing that has the capacity to contain water over twenty-four (24) inches deep. This includes in-ground, aboveground and on-ground pools, hot tubs and spas.
Target population: People experiencing substance abuse or other chronic health conditions.
Telecommunications tower: A structure, other than a building, on which a transmitting or receiving antenna(e) is located.
Terminal, motor freight: The use of land, or buildings, for the temporary parking of motor freight vehicles or trucks of common carriers during loading and unloading and/or repair and between trips, either intrastate or interstate, including necessary warehouse space for storage of transitory freight.
Tourist court: See "Motel" (as defined above).
Tourist home: A residential building where lodging is furnished to transients for compensation, and containing not more than five (5) sleeping rooms for such transients.
Vehicle repair/service: A business that provides repair services to motor vehicles, motorcycles, and all-terrain vehicles (ATV).
Yard, front: The required open space between the road right-of-way line and the main building.
Yard, rear: A space, unoccupied except by a building of accessory use as herein provided, extending from the rear of the main building to the rear lot line for the full width of the lot.
Yard sale: The sale of personal goods such as used clothing and/or household items to the general public by a resident from any portion of their residential property not more than three (3) times a year. For the purpose of this ordinance yard sale includes estate sales.
Yard, side: A space along the side line of a lot, unoccupied by buildings except as herein provided, extending from the setback line to the rear yard.
Zone: A part or parts of the county for which the regulations relating to the use of land and buildings are uniform.
(Ord. No. O-95-9-102, § 1, 10-23-95; Ord. No. O-95-10-101, § 1(Exh. A), 11-27-95; Ord. No. O-96-3-101, § 1, 4-22-96; Ord. No. O-97-10-101B, § 1, 11-17-97; Ord. No. O-97-8-104, § 1, 9-22-97; Ord. No. O-98-10-102, § 1(Exh. A), 11-16-98; Ord. No. O-98-12-102, § 1(Exh. A), 1-25-99; Ord. No. O-99-8-101, § 1, 9-27-99; Ord. No. O-99-9-101, § 1, 10-25-99; Ord. No. O-00-11-106, § 1(Exh. A), 1-4-01; Ord. No. O-01-2-103, § 1, 3-26-01; Ord. No. O-01-6-101, § 1(Exh. A), 7-23-01; Ord. No. O-03-2-102, § 1(Exh. A), 3-24-03; Ord. No. O-04-4-101, § 1(Exh. A), 5-24-04; Ord. No. O-06-7-101, § 1(Exh. A), 8-28-06; Ord. No. O-09-10-101, § 1, 11-16-09; Ord. No. O-09-12-101, § 1(Exh. A), 1-25-10; Ord. No. O-11-1-103, § 1(Exhs. A, B), 2-28-11; Ord. No. O-11-2-101, § 1(Exh. C), 3-28-11; Ord. No. O-11-11-102, § 1(Exh. A), 12-19-11; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-13-1-103, § 1(Exh. A), 2-25-13; Ord. No. O-13-4-102, § 1(Exh. A), 5-28-13; Ord. No. O-17-7-102, § 1(Exh. A), 8-28-17; Ord. No. O-17-8-101, § 1(Exh. A), 9-25-17; Ord. No. O-17-8-102, § 1(Exh. A), 9-25-17; Ord. No. O-18-1-101, § 1(Exh. A), 2-26-18; Ord. No. O-19-5-101, § 1(Exh. A), 6-24-19; Ord. No. O-20-1-101, 1(Exh. A), 2-24-20; Ord. No. O-22-2-101, §§ 1, 2, 3-28-22; Ord. No. O-23-7-101 , § 1, 8-28-23; Ord. No. O-24-5-102, § 2, 7-15-24)
- DEFINITIONS
For the purpose of this article certain words and terms are defined as follows: Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word "shall" is mandatory and not directory.
(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)
Accessory building: A subordinate building customarily incidental to and located on the same lot with the main building.
Accessory structure: A subordinate structure customarily incidental to and located on the same lot with the main building or structure.
Accessory use: A subordinate use customarily incidental to and located on the same lot with the main use.
Adult: Any person who is eighteen (18) years of age or older.
Adult book store: An establishment having more than fifty (50) percent of the face value of its stock in trade, books, magazines, motion pictures, periodicals, and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified anatomical areas" hereinbelow defined or an establishment with a segment or section devoted to the sale of display of such material.
Adult day care facility: A facility which provides non-medical care to three (3) or more persons eighteen (18) years of age and older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour a day basis. Any persons who are related to the provider by blood or marriage shall not be included in the total number of persons for which care is provided.
Adult motion picture theater: Any public place, whether open or enclosed, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," hereinbelow defined, for observation by patrons therein.
Adult-oriented establishments: Sexually explicit establishments which cater to an exclusively or predominantly adult clientele and including, but not limited to: Adult bookstores, adult motion picture theaters, cabarets and other enterprises which regularly feature materials, acts or displays involving complete nudity or exposure of the "specified anatomical areas" hereinbelow defined and/or sexual excitement or enticement.
Aged persons: Persons who are fifty-five (55) years of age or older.
Agritourism: A form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining and/or educating the visitors and generating income for the farm, ranch, or business owner. This includes the sales of agricultural products produced on site.
Airsoft range: See "paintball/airsoft range" as hereinbelow defined.
Alteration, interior: Any change in the interior walls of a building.
Alteration, structural: Any change in the exterior walls, foundation or other supporting members of a building or structure.
Apartment: See "Multi-dwelling structure" as defined hereinbelow under "Residential structure types."
Assisted living facility: A building, establishment, complex, or distinct part thereof which accepts aged persons, whom constitute a substantial majority of not less than eighty-five (85) percent of the facility population, for domiciliary care provided that residential units may be shared with a person under the age of fifty-five (55), if the head of household meets the definition of an aged person. The facility provides on-site to its residents, room, board, nonmedical living assistance services appropriate to the residents' respective needs, and medical services as prescribed by each resident's treating physician.
Auto wrecking yard: Any space or building used by the owner or operator for the dismantling of two (2) or more inoperable vehicles or vehicles not in running condition, or for storage of such vehicles or the dismantled parts thereof.
Boarding home for sheltered care: A profit or nonprofit boarding home, rest home or other home licensed by the appropriate governmental agency which in addition to providing food and shelter to three (3) but not more than twelve (12) persons unrelated to the proprietor, also provides, any personal care or service beyond food, shelter, and laundry. Such services may include: (1) supervision and assistance in dressing, bathing and maintenance of good personal hygiene; (2) care in emergencies or in temporary illness, usually for periods of one (1) week or less; (3) supervision in the taking of medications; and (4) other services conducive to the residents' welfare.
Boarding house: A dwelling or part thereof in which lodging is and meals from a common kitchen are provided by the owner or operator for not more than twelve (12) persons.
Boat livery: An establishment, which can include docking facilities, at which boats are rented for recreational purposes.
Boatel: A combination of a motel and marina that is accessible to boats as well as automobiles and may include overnight accommodations for transients and permanent staff, eating and drinking facilities, and meeting rooms.
Buffer strip: A greenbelt planting strip twenty (20) to sixty (60) feet in width extending along the entire length of one or more commercial or industrial property lines, planted with trees and shrubs of a given height and distance apart and in a given planting pattern.
Build-to line: A line running parallel to a street to which the front of buildings are sited.
Building: Any structure built for the support, shelter or enclosure of persons, animals, moveable possessions, or property of any kind which has a roof and enclosing walls for at least fifty (50) percent of its perimeter. The term "building" shall be as if followed by the words "or part thereof." For the purpose of area and height limitations this definition shall be applicable to sheds and open sheds.
Business park: A tract of land that is planned, developed, and operated as an integrated facility for a number of individual business, research, assembly, distribution, or light manufacturing uses with consideration to transportation facilities, circulation, parking, utilities, aesthetics, and compatibility.
Business service: Any activity conducted for gain, which renders services primarily to other commercial and industrial enterprises, or which services and repairs appliances and machines used in a home or business.
Cabaret: Any restaurant, bar, dance hall, nightclub or other such place which features dancers exhibiting "specified anatomical areas" (as defined below), strippers, male or female impersonators or similar entertainers.
Child day care facility: A facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. Types of child day care facilities are defined in the following categories:
Child day care center: An agency or organization licensed by the state department of human services to provide care, protection and supervision for thirteen (13) or more children in a group center, preschool, or extended day care facility.
Day care home: A residence licensed by the state department of human services in which care, protection, and supervision are regularly provided for at least five (5) but not more than seven (7) children. The provider shall live in the residence. Any children who are related to the provider by blood, or marriage, or who are legal wards or foster children of the provider, and reside with the provider, shall not be included in this number; however, the total number of children receiving care shall not exceed twelve (12).
Group day care home: A residence licensed by the state department of human services in which care, protection, and supervision are regularly provided for at least eight (8) but not more than twelve (12) children, including any children related to the provider by blood, or marriage, or who are legal wards or foster children of the provider.
Club: An association or group of persons organized for some common purpose, but not including such associations or groups organized to render a service which is customarily carried on as a business.
Commercial mulching operation: A type of solid waste processing facility that processes woody waste consisting of stumps, trees, limbs, branches, bark, leaves and other clean wood waste which has undergone size reduction by grinding, shredding, or chipping and is distributed to the general public for landscaping and horticultural purposes. Such woody waste is generally transported to the operation from off-site, and the mulch product is sold to the general public. (See "Solid waste processing facility.")
Commercial vehicles: Any vehicle designed, maintained or used primarily for hire, compensation or profit.
Composting facility: A type of solid waste processing facility for the purpose of processing waste that undergoes biological decomposition of organic matter. Such waste has been stabilized to a degree which is potentially beneficial to plant growth and which is suitable for use as a soil amendment, artificial top soil, growing medium amendment, or other similar uses. (See "Solid waste processing facility.")
Congregate housing: A dwelling licensed by the appropriate governmental agency providing shelter and services for the elderly which may include meals, housekeeping and personal care assistance. The residents may be functionally impaired or socially isolated, but otherwise in good health. The residents can maintain a semi-independent life style and do not require more intensive care as provided in a nursing home.
Contractor: Any person or firm engaged in construction, building trades, landscaping services or maintenance, on a contract basis, either licensed or unlicensed.
Contractor's storage yard: An outdoor area used for the storage of equipment and/or materials used for providing contracting services, including but not limited to building construction, heating, plumbing, roofing, landscaping and excavation.
Corner lot: A lot abutting upon two (2) or more roads at their intersection, provided the angle at which the roads intersect does not exceed one hundred thirty-five (135) degrees.
Demolition landfill: An engineered method of disposal of material that results from construction, land clearing, landscaping or demolition activity. Such materials would include concrete, steel, clean soil, rubble, rock, inert road spoils, gypsum board, brick, glass, lumber, vinyl siding, roofing, fiberglass insulation, asphalt-impregnated materials, tree stumps, brush, branches, leaves and clippings or any other material approved by the state department of health and environment; but not toxic materials such as paint thinners, caulking compounds, asbestos or material containing asbestos, paving and sealing components still in a liquid or semi-solid state, or agricultural wastes or any other material prohibited by the state department of health and environment.
Demolition landfill site: All or a portion of a parcel or contiguous parcels which is intended to be used as a demolition landfill. The site shall include all borrow areas and areas of ingress and egress, all structures and other improvements on the land for processing and disposal of solid waste material and all buffers, berms, fences and set backs. The development plan as approved will constitute the site.
Domestic employee: A person hired by a household to perform general household services such as nanny, baby-sitting, cooking, cleaning, laundering, gardening, yard and maintenance work, caregiving and other duties commonly associated with the meaning of domestic servant.
Dwelling, condominium: A multiple dwelling designed for individual ownership of dwelling units, but joint ownership and/or responsibility for maintenance and upkeep of building, grounds and recreational facilities.
Electronic message center sign: A sign which uses a bank of lights that can be individually lit to form copy such as words, letters, logos, figures, symbols, illustrations, or patterns to form a message without altering the sign face.
Family: The heads of household plus persons who are related to the heads of the household and any domestic employees thereof. These relationships may be of the whole or half blood, by adoption, guardianship, including foster children, or through a marriage to a person with such a relationship with the heads of household.
Fill area: The area containing waste placed for final disposal, not including earthen berms or other appurtenances.
Five hundred (500) year flood: A flood having a two-tenths of one percent (0.2%) chance of occurring in any given year and which, over a long period of time, can be expected to be equaled or exceeded on the average of once every five hundred (500) years.
Flea market: The occasional or periodic sale held in an open area where groups of individual sellers offer goods for sale to the public and the sale goods are moved off the premise between sale dates.
Flood: An overflow of lands not normally covered by water that results in significant adverse effects.
Floodway: The natural channel and the portion of the flood plain along the channel that must be retained solely for the passage of floodwaters to prevent an undue increase in flood heights upstream.
Floodway fringe area: Areas adjacent to a F, Floodway Zone that are below the level of the five hundred (500) year flood.
Floor area ratio (FAR): The number of square feet of floor area in a building, divided by the square feet of lot area.
Garage apartment: A dwelling unit erected above a private garage.
Ground area coverage ratio (GAC): The number of square feet of ground area covered by the building, divided by the square feet of lot area.
Heads of the household: One (1) person or two (2) adult persons establishing a household.
Home occupation: See article 4, "Supplementary regulations," section 4.90, "Home occupations."
Household: One (1) or more persons occupying a dwelling unit.
Inoperable vehicle: Any motor vehicle which does not have an engine in running condition, four (4) tires, a battery, and valid state license plate issued to the person owning the land on which it is parked, or which is in fact abandoned by its owner, or which for any reason is not operable and not repairable, shall be deemed an inoperative motor vehicle.
Knox County Board of Commissioners: The Knox County Commission also referred to as county commission and board of commissioners.
Knox County Codes Administration and Inspections Department: A department of Knox County government authorized to enforce this ordinance, also referred to as the office of building inspector, department of codes administration, codes enforcement, codes and Knox County codes administration and enforcement.
Knox County Highway Department: The department of engineering and public works also referred to as highways and public works, department of engineering and division of engineering and hydrology.
Liner building: A structure that covers one (1) or more sides of a "big box" commercial building, parking structure or similar structure. A liner building must have a ground level entrance to the sidewalk and have a minimum depth of thirty (30) feet.
Live/work unit: A combination of a dwelling unit and business space, such as a shop or office that is open to the public for retail trade or personal or professional services.
Lot: A parcel of land which is or may be occupied by a building and its accessory buildings or uses customarily incident thereto, together with such yards or open spaces within the lot lines as may be required by this resolution.
Lot coverage: The building coverage expressed as a percentage of the total lot or parcel area.
Lot, key: A lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot.
Marina: A facility for storing, servicing, fueling, berthing and securing of pleasure boats. The facility may include eating, sleeping and retail facilities for owners, crews and guests.
Medical, dental, or chiropractic office/clinic: A facility for the examination and treatment of ill or afflicted human outpatients, provided, however, that the patients are not kept overnight except under emergency conditions.
Methadone treatment clinic or facility: A licensed facility for the counseling of patients and the distribution of methadone for outpatient, nonresidential purposes only.
Mini-warehouse: See "Self-service storage facility" as hereinbelow defined.
Mobile home: A single dwelling designed for transportation after fabrication on streets and highways on its own wheels or on a flat bed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like.
Mobile home park: Any area, tract, site or plot of land whereupon three (3) or more mobile homes as herein defined are placed, located or maintained, or intended to be placed, located or maintained for permanent residence, and shall include all accessory buildings used or intended to be used as part of the equipment thereof.
Mobile home park, transient: Any area, tract, site or plot of land open to the traveling public where temporary accommodations are provided for parking travel trailers, camp trailers, house cars, mobile homes or tents.
Mobile home space: A plot of ground within a mobile home park which is designed for and designated as the location for only one (1) automobile and one (1) mobile home and not used for any other purposes whatsoever other than the customary accessory use thereof.
Mobile home subdivisions: A subdivision of land designed for occupancy by mobile homes exclusively and where the individual lots are sold to the occupant.
Motel: A building or group of buildings used for the temporary residence of motorists or travelers.
Nonconforming use: A use of a building or land that does not agree with the provisions of this ordinance for the zone in which it is located.
Nursing home: An extended or intermediate care facility licensed by the appropriate governmental agency(ies) to provide care to those persons who by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. This includes intensive care, intermediate care and long-term care facilities for the elderly.
Off-street parking, class "A": An off-street parking facility, either controlled or uncontrolled, provided for the use of occupants, employees, visitors, patients, patrons, or students, without charge for its use.
Off-street parking, class "B": A controlled or partially controlled off-street parking facility provided for the use of occupants, employees, visitors, patients, patrons, or students, with or without charge for its use. Such facilities shall be operated by or for the owner or owners of the principal use which it is intended to serve.
Off-street parking, class "C": An off-street parking facility operated for profit, which is provided for use by the general public at a fee, whether the fee is charged for a partial hour, hourly, daily, weekly, monthly, or other basis. Such facility shall be considered a commercial parking lot or facility.
Pain management clinic (as found in T.C.A. § 63-1-301): A privately-owned facility in which a medical doctor, an osteopathic physician, an advanced practice nurse, and/or a physician assistant provides pain management services to patients, a majority of whom are issued a prescription for, or are dispensed, opioids, benzodiazepine, barbiturates, or carisoprodal, but not including suboxone, for more than ninety (90) days in a twelve (12) month period. A pain management clinic does not include:
• A medical or dental school, an osteopathic medical school, a nursing school, a physician assistant program or an outpatient clinic associated with any of the foregoing schools or programs;
• A hospital as defined in T.C.A. § 68-11-201, including any outpatient facility or clinic of a hospital;
• Hospice services as defined in T.C.A. § 68-11-201;
• A nursing home as defined in T.C.A. § 68-11-201;
• A facility maintained or operated by the state government; or
• A hospital or clinic maintained or operated by the federal government.
Paintball/airsoft range: An indoor or outdoor facility used for the discharging of paintball and/or airsoft guns for the purpose of target practice, mock war games, or similar competitions. Excluded from these facilities shall be general hunting and the unrestricted and nonrecurring discharging of firearms.
Parking lot: An off-street facility including parking spaces along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six (6) automobiles.
Parking space: An off-street space available for the parking of one (1) motor vehicle and having an area of not less than two hundred (200) square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.
Personal service: An establishment primarily engaged in providing services involving the care of a person or his or her apparel.
Planning commission: The Planning Commission of Knoxville and Knox County also referred to as the planning commission.
Public garage: A building or portion thereof used for the purpose of housing, servicing, repair, or hiring of self-propelled vehicles for pay, or where such vehicles are sold.
Public place: Shall mean any place to which the public or a substantial group of persons has access and congregates, regardless of whether admission is charged thereto, and includes, but is not limited to: Businesses open to the public; highways; transportation facilities; schools; places of amusement; parks, playgrounds, hotels, theaters; auditoriums, restaurants, nightclubs; cocktail lounges; and burlesque houses.
Public safety facility: A facility operated by and for the use of public safety agencies, such as the fire and emergency rescue services, including the dispatch, storage, and maintenance of police and fire vehicles.
Recovery Housing: Housing for six (6) persons or more, with no limit on length of stay, that is occupied by the target population as defined below, and that is linked to on- or off-site services that assist the recovery housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Recreation vehicle: A vehicular-type, portable structure without a permanent foundation that can be towed, hauled, or driven, and primarily designed as a temporary living accommodation for recreational camping and travel use, including, but not limited to: Travel trailers, truck campers, camping trailers, and self-propelled motor homes.
Residential structure types:
Duplex: A building that contains two (2) dwelling units on one (1) lot. The units must share a common wall or common floor/ceiling.
Dwelling unit: A building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for standards.
House: A detached dwelling unit located on its own lot.
House, attached: A dwelling unit located on its own lot that shares one (1) or more common or abutting walls with one (1) or more dwelling units.
Multi-dwelling development: A grouping of individual structures where each structure contains one (1) or more dwelling units. The land underneath the structures is not divided into separate lots. A multi-dwelling development may include an existing house with one (1) or more new detached houses, duplexes or multi-dwelling structures located on the same lot. The key characteristic of this housing type is that there is no requirement for the structures on the lot to be attached.
Multi-dwelling structure: A building, or portion of a building, that contains three (3) or more dwelling units that share common walls or floor/ceilings with one (1) or more units. The land underneath the structure is not divided into separate lots.
Upper-level dwelling: Dwelling units located within a single multi-story building located above nonresidential uses on the ground floor or to the rear of nonresidential uses on the ground floor. In the case of dwelling units located behind nonresidential uses on the ground floor, nonresidential uses must front on the primary street frontage.
Retail sales: The process of selling goods or merchandise to customers for their own personal or household use, including the characteristics of attracting the general public to the place of business, inventorying, selling and receiving merchandise, and with the possibility of processing some of the products where such processing is incidental and subordinate to the selling activity.
Road: A public thoroughfare forty (40) feet or more wide, provided however that any existing thoroughfare less than forty (40) feet wide generally known as a road shall be considered a road for the purpose of this ordinance.
Road line: Right-of-way line of a road.
Roadside stand: A farm structure used or intended to be used solely by the owner or tenant of the farm on which it is located, for the sale of only seasonal farm products of the farm on which it is located.
Rummage sale: A temporary sale conducted by an organization not more than twice during any calendar year where members of the group donate articles or items to the organization for sale from the organization's location for the purpose of raising money for use by the organization.
Rural retreat: A facility owned and operated by an entity for the purpose of providing a rural setting in which lodging, conferences, banquet facilities/restaurants, day spas, recreational amenities and meeting/event facilities are provided with or without compensation. Rural retreat does not include a farm engaged in agriculture as defined by state law.
Sanitary landfill: An engineered method of solid waste disposal as defined by the state department of health and environment.
School: An academic learning center, whether public or private, from the level of nursery through twelfth grade.
Self-service storage facility: A structure containing separate storage spaces of varying sizes, leased or rented to the general public, businesses, or institutions.
Setback line: A line back of the road line, existing or proposed, between which and the road line no building or portion thereof, except as provided in this resolution, may be erected. "Within a setback line" means between the setback line and the road right-of-way.
Shopping center: A group of commercial establishments, planned, developed, owned, and managed as a unit, with off-street parking provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves.
Sign, billboard, or other advertising device: Any structure or part thereof or device attached thereto or represented thereon, which shall display or include any letter, words, model, banner, flag, pennant, insignia or representation used as, or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" or any other type of advertising device, but does not include the flag, pennant, or insignia of any nation, state, city or other political unit. Types of signs are defined in the following categories:
Abandoned sign: A sign which no longer identifies or advertises a bona fide business, lessor, owner, service, product, or activity and/or for which no legal owner can be found.
Advertising sign: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.
Advertising sign, electronic: An advertising sign utilizing electronic means to form or alter the announcement, direction, or advertisement appearing on the sign.
Billboard: A type of advertising sign having more than one hundred (100) square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.
Business sign: A sign which directs attention to the business or profession conducted on the premises. A "for sale," "to let" or "information" sign shall be deemed a business sign.
Ground sign: A sign supported by a pole, uprights, or braces on the ground.
Marquee sign: A projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.
Monument sign: A sign which is supported by and integrated with a solid base, as opposed to poles, posts, or other such supports.
Portable sign: All movable or portable advertising or business signs mounted upon trailers or other structures or devices designed to be transported with only incidental parking and assembling for reuse.
Projecting sign: 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 twelve (12) inches beyond the face of such wall.
Roof sign: A sign that is mounted on the roof of a building or which is wholly dependent upon a building roof for support.
Temporary sign: Temporary signs shall include any sign, banner, pennant, valance, or advertising display constructed of wood, metal, cloth, canvas, light fabric, cardboard, wallboard, or other light material, with or without frames, where either by reason of construction or purpose the sign is intended to be displayed for a short period of time only.
Unipole structure: A single large diameter pole used to support structures.
Wall or face sign: Any sign erected parallel to the face, or on the outside wall, of any building and supported throughout its entire length by such wall where the edges of the sign do not project more than twelve (12) inches therefrom.
Solid waste processing facility: A facility for the purpose of modifying the characteristics or properties of solid wastes to facilitate their transportation, disposal, or re-use, including, but not limited to incineration, composting, separation, grinding, shredding, and volume reduction.
Specified anatomical areas:
a.
Less than completely and opaquely covered:
1.
Human genitals, pubic region;
2.
Buttock; and
3.
Female breast below a point immediately above the top of the areola; and
b.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities:
a.
Human genitals in a state of actual or simulated sexual stimulation or arousal;
b.
Acts of actual or simulated human masturbation, sexual intercourse or sodomy;
c.
Actual or simulated fondling or other erotic touching of human genitals, pubic regions, buttock, or female breast.
Sports playing field: An open space set aside for the playing of field sports that may include benches or bleachers for observers. Sports playing fields include, but are not limited to, baseball, field hockey, football, lacrosse, soccer, softball, and volleyball.
Structure: A combination of materials to form a construction that is safe and stable for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.
Swimming pool: Any structure intended for swimming or recreational bathing that has the capacity to contain water over twenty-four (24) inches deep. This includes in-ground, aboveground and on-ground pools, hot tubs and spas.
Target population: People experiencing substance abuse or other chronic health conditions.
Telecommunications tower: A structure, other than a building, on which a transmitting or receiving antenna(e) is located.
Terminal, motor freight: The use of land, or buildings, for the temporary parking of motor freight vehicles or trucks of common carriers during loading and unloading and/or repair and between trips, either intrastate or interstate, including necessary warehouse space for storage of transitory freight.
Tourist court: See "Motel" (as defined above).
Tourist home: A residential building where lodging is furnished to transients for compensation, and containing not more than five (5) sleeping rooms for such transients.
Vehicle repair/service: A business that provides repair services to motor vehicles, motorcycles, and all-terrain vehicles (ATV).
Yard, front: The required open space between the road right-of-way line and the main building.
Yard, rear: A space, unoccupied except by a building of accessory use as herein provided, extending from the rear of the main building to the rear lot line for the full width of the lot.
Yard sale: The sale of personal goods such as used clothing and/or household items to the general public by a resident from any portion of their residential property not more than three (3) times a year. For the purpose of this ordinance yard sale includes estate sales.
Yard, side: A space along the side line of a lot, unoccupied by buildings except as herein provided, extending from the setback line to the rear yard.
Zone: A part or parts of the county for which the regulations relating to the use of land and buildings are uniform.
(Ord. No. O-95-9-102, § 1, 10-23-95; Ord. No. O-95-10-101, § 1(Exh. A), 11-27-95; Ord. No. O-96-3-101, § 1, 4-22-96; Ord. No. O-97-10-101B, § 1, 11-17-97; Ord. No. O-97-8-104, § 1, 9-22-97; Ord. No. O-98-10-102, § 1(Exh. A), 11-16-98; Ord. No. O-98-12-102, § 1(Exh. A), 1-25-99; Ord. No. O-99-8-101, § 1, 9-27-99; Ord. No. O-99-9-101, § 1, 10-25-99; Ord. No. O-00-11-106, § 1(Exh. A), 1-4-01; Ord. No. O-01-2-103, § 1, 3-26-01; Ord. No. O-01-6-101, § 1(Exh. A), 7-23-01; Ord. No. O-03-2-102, § 1(Exh. A), 3-24-03; Ord. No. O-04-4-101, § 1(Exh. A), 5-24-04; Ord. No. O-06-7-101, § 1(Exh. A), 8-28-06; Ord. No. O-09-10-101, § 1, 11-16-09; Ord. No. O-09-12-101, § 1(Exh. A), 1-25-10; Ord. No. O-11-1-103, § 1(Exhs. A, B), 2-28-11; Ord. No. O-11-2-101, § 1(Exh. C), 3-28-11; Ord. No. O-11-11-102, § 1(Exh. A), 12-19-11; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-13-1-103, § 1(Exh. A), 2-25-13; Ord. No. O-13-4-102, § 1(Exh. A), 5-28-13; Ord. No. O-17-7-102, § 1(Exh. A), 8-28-17; Ord. No. O-17-8-101, § 1(Exh. A), 9-25-17; Ord. No. O-17-8-102, § 1(Exh. A), 9-25-17; Ord. No. O-18-1-101, § 1(Exh. A), 2-26-18; Ord. No. O-19-5-101, § 1(Exh. A), 6-24-19; Ord. No. O-20-1-101, 1(Exh. A), 2-24-20; Ord. No. O-22-2-101, §§ 1, 2, 3-28-22; Ord. No. O-23-7-101 , § 1, 8-28-23; Ord. No. O-24-5-102, § 2, 7-15-24)