The rules and definitions contained in this chapter shall be observed and applied throughout this title, except when the context clearly indicates otherwise.

   A.   Tense; Number: Words used in the present tense shall include the future and words used in the singular number shall include the plural number and the plural the singular.

   B.   Shall: The word "shall" shall be mandatory and not discretionary.

   C.   May: The word "may" is permissive.

   D.   Minimum Requirements: In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this title conflict with the express requirements of any other locally adopted ordinance, the ordinance providing the greatest measure of protection for the health, safety and general welfare shall prevail.

   E.   Controlling Provisions: Whenever this title imposes a greater restriction upon the use of buildings or premises, or requires larger spaces than imposed by other ordinances, resolutions, rules and regulations, or private covenants, the provisions of this title shall control.

   F.   Application Of Zoning Standards: Provided the context does not give rise to practical difficulties, interpretations of certain zoning standards shall generally be applied as follows:

      1.   Buildings Constructed Across Parcel Boundary Lines: Provided legal and contiguous parcels of record are owned by the same property owners, building that have been developed across property lines shall merge the properties into one parcel for the determination of zoning standards.

      2.   Yard Orientation On Lots With More Than One Street Frontage: On parcels with more than one public road frontage with an approved approach, either frontage may be designated by the city as the front yard, with consideration given to such factors as the primary access, the orientation of the building and/or addressing for the subject parcel; however, the predominant orientation of an existing structure, and the location of principal accesses and approaches shall be used in the determination of the front building facade.

      3.   Setback Encroachments: Building setbacks shall not be less than the minimum dimension specified for each zoning district, except as follows:

Cornices, canopies, eaves or other similar architectural features not providing additional floor space within a building may extend into the required side, front or rear yard setback or building separations, provided they do not encroach by more than one foot (1'), nor encroach into a public or private right of way.

      4.   Site Area Calculations: For the purpose of this title, site area calculations shall exclude the area of dedicated public or private rights of way, and other publicly dedicated improvements, such as parks, open space and stormwater detention and treatment facilities. (Ord. 201, 11-15-2013)

Unless specifically defined below, terms or phrases used in this title shall be given their ordinary meaning, consistent with common usage and context:

ABANDONED SIGN: See section 8-15-3 of this title.

ACCESSORY BUILDING OR STRUCTURE: A subordinate structure, detached from, but located on the same lot as, a principal building, and serving a purpose that is customarily incidental to the use of the principal structure. Accessory structures may include, but are not limited to, garages, decks, storage buildings, gatehouses, boathouses, etc.

ACCESSORY COMMERCIAL ACTIVITIES AND OPERATIONS, SMALL: A separate, subordinate commercial use encompassing seven hundred fifty (750) square feet or less (including all temporary and permanent structures and display areas, but not including access aisles, parking and queuing areas), located on the site of an existing commercial operation. Small accessory commercial uses and activities may include, but are not limited to, drive-through food and beverage stands, temporary seasonal sales of Christmas trees, fireworks and similar temporary or permanent small commercial uses. For purposes of this title, roadside stands of not more than three hundred (300) square feet, used for the sale of agricultural products produced on the same site, as allowed in the agriculture and rural zones, are specifically excluded from this definition.

ACCESSORY LIVING UNIT: Also known as "Accessory Dwelling Unit." A smaller. secondary dwelling unit that is accessory to a principal dwelling unit on the same lot or parcel that provides a self-contained living unit consisting of cooking, sleeping, and sanitation facilities.

ADULT DAYCARE: An establishment that provides nonmedical care to adults who need personal care, assistance or supervision for periods of less than twenty four (24) hours. For the purpose of this title, the term "daycare" shall apply to all hours of the day or night, provided the period of care provided for individual clients is less than a continuous twenty four (24) hour period.

AFFECTED PERSON: One having a bona fide interest in real property which may be adversely affected by:

   A.   The approval, denial or failure to act upon an application for a subdivision, variance, special use permit and such other similar applications required or authorized pursuant to this title;

   B.   The approval of an ordinance first establishing a zoning district upon annexation or the approval or denial of an application to change the zoning district applicable to specific parcels or sites pursuant to Idaho Code section 67-6511; or

   C.   An approval or denial of an application for conditional rezoning pursuant to Idaho Code section 67-6511A.

AGRICULTURAL PRODUCT: Products derived from animal and/or plant materials, and intended for direct human or animal use/consumption, such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, hay, trees, bedding plants and wool.

AGRICULTURE: The employment of land for the primary purpose of raising, harvesting and selling crops, or feeding (including grazing), breeding, managing, selling or producing livestock, poultry, furbearing animals or honeybees, or for dairying, tree farming, horticultural, floricultural or viticultural use, animal husbandry, or any combination thereof. It also includes the employment of land for the primary purpose of stabling and training equines, including, but not limited to, providing riding lessons, training clinics and schooling shows.

ANTENNA: A device or system of wires, poles, rods, dishes, or other devices of similar function, used for the transmission and/or reception of radio frequency signals for wireless communications, as described in the Telecommunications Act of 1996. Included are omnidirectional antenna (whip), a directional antenna (panel) and parabolic antenna (disk). Support structures are not included.

ARTERIAL STREET: A public thoroughfare that connects a network of routes. A principal arterial serves large intercounty or interstate and is designed to carry heavy traffic loads. A minor arterial serves less dense population concentrations, and may connect to principal arterials or provide intermediate routes.

ASSEMBLAGE: Manufacturing, processing and assembly operations and activities that involve the compilation, assembly and/or packaging of parts and materials manufactured off site, which has minimal visual, noise, odor or traffic impacts, and which generally is related to on site retail or professional services.

ASSISTED LIVING FACILITY: An establishment that provides permanent provisions for living, sleeping, eating, cooking and sanitation, and that provides twenty four (24) hour nonmedical care for more than eight (8) individuals who need personal care or assistance and supervision. See definition of Residential Care Facility.

BED AND BREAKFAST: A detached single-family dwelling, occupied and operated by the owner or a resident manager, where five (5) or fewer rooms are available for rent for a period not to exceed two (2) weeks per guest.

BERM: See section 8-14-2-3 of this title.

BOARDING KENNEL: See definition of Kennel.

BUFFER; BUFFERING: See section 8-14-2-3 of this title.

BUILDING: A structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building.

BUILDING COVERAGE: The gross horizontal area of a lot or parcel of land occupied by that portion of all principal and accessory buildings or structures that are under a roof, as measured from within the exterior walls of the ground floor of all covered structures on the lot. As a percentage, it is the relationship between the ground floor area of all covered buildings and structures, and the net area of the site.

BUILDING HEIGHT: The vertical dimension from the lowest point of the building, structure or wall exposed above the ground surface on its street facing facade to the highest point of the roof, parapet wall or structural feature. Antennas, water tanks, ventilators, chimneys, heaters and air conditioning units, or other appurtenances usually required to be placed above the roof level, and not intended for human occupancy, shall not be included in the measurement of vertical dimensions. Spires, belfries and cupolas are specifically included in the measurement of the vertical dimensions.

BUILDING SIGN: See section 8-15-3 of this title.

BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES, ABOVEGROUND: Storage of flammable liquids and gases in aboveground containers with capacity in excess of one thousand (1,000) gallons. Specifically excludes on site storage of the end user's home heating fuel supply.

BUSINESS SERVICE OPERATION: An establishment providing services to business establishments on a fee or contract basis, including, but not limited to, advertising services, business equipment and furniture sales or rentals, or protective services. This term includes, but is not limited to, an employment agency, photocopy center, commercial photography studio, mailing service, repair of household and small personal goods, such as sewing machines, small appliances, bicycles, jewelry, footwear, and other similarly classified uses. This term does not include maintenance, and repair of vehicles or heavy equipment, automotive tire repair shop, and other similarly classified uses.

CALIPER: See section 8-14-2-3 of this title.

CALL CENTER: An operational center set up to utilize telecommunication and computer technologies to automate various high volume inbound and/or outbound telephone activities and services.

CERTIFICATE OF OCCUPANCY: A certificate issued by the building official which certifies that a structure has been erected in accordance with international building code and all other ordinances of the city, the effect of which shall permit the occupancy of a building.

CHILD: A person less than thirteen (13) years of age.

CHILDCARE CENTER: A place or facility providing care and supervision for thirteen (13) or more children.

CHILDCARE, IN HOME: Provision of care and supervision within a residential dwelling unit for four (4) to twelve (12) children not related by blood, marriage or legal guardianship to the resident providing the care, in a place other than the child's or children's own home or homes.

CHILDCARE PROVIDER: Any person, business entity or not for profit providing care and supervision for compensation for four (4) to twelve (12) children not related by blood, marriage or legal guardianship to the person providing the care, in a place other than the child's or children's own home or homes.

CHURCH: An establishment that by design and construction is primarily intended for the conducting of organized religious services, meetings and associated activities. For the purpose of this title, the term "church" shall exclude other categories of community assembly.

COLLECTOR STREET: A public thoroughfare that links local streets with routes of higher classifications. A major collector links minor collectors and local access routes with arterials and state highways. A minor collector links adjacent properties and local access roads with major collectors and arterials.

COMMUNICATION FACILITY - WIRELESS (WCF): Any component of the wireless communication installation including any towers, antennas, antenna arrays, and any structures or devices used to contain ancillary equipment for a wireless communication facility, such as cabinets, shelters, additions to existing structures, pedestals, and other devices serving similar purposes. Typically, it includes an air conditioning unit, a heating unit, electrical supply, telephone hookup and backup power supply and may include any service roads or other access accommodations used to service the facility.

COMMUNITY ASSEMBLY: A building, or portion thereof, of which the primary use is a meeting place used by members of the community to gather for social, cultural, entertainment or recreational purposes. For the purpose of this title, churches are excluded from this definition.

DECIDUOUS: See section 8-14-2-3 of this title.

DIRECTIONAL SIGN: See section 8-15-3 of this title.

DISTRIBUTION CENTER: An establishment engaged principally in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle.

DOUBLE FACED SIGN: See section 8-15-3 of this title.

DWELLING UNIT: Any structure, or portion thereof, providing separate and independent living facilities for one "family", as defined in this section, including provisions for living, sleeping, eating, cooking and sanitation. For the purpose of this title, recreational vehicles, travel trailers, boarding houses, sorority and fraternity houses, hotels, motels and inns are specifically excluded from this definition.

EVENT FACILITY: A facility that is designed, constructed and devoted to hosting concerts, sporting events, trade shows, conferences, exhibitions, large meetings, seminars, training sessions and other similar public assemblies, or is rented out for events such as weddings, dances and receptions, including stadiums, auditoriums, exhibition halls and convention centers.

EVERGREEN: See section 8-14-2-3 of this title.

FACADE, FRONT BUILDING: See section 8-15-3 of this title.

FAMILY: A person living alone, or two (2) or more persons related by blood, marriage or adoption; or, eight (8) or fewer unrelated persons residing in a supervised group residence; provided, that no more than two (2) staff members reside in the dwelling at any one time (resident staff shall not be counted toward the "8 or fewer" criterion).

FARMERS' MARKET: The offering of fresh agricultural products for sale directly to the consumer by two (2) or more agricultural producers at temporary or occasional events. The events may be held in an open area or in a structure, where groups of individual sellers offer items for sale, including fresh produce, seasonal fruits, fresh flowers, incidental arts and crafts items, and food and beverages (but not to include secondhand goods), dispensed from vehicles and/or booths located on site.

FLAG: See section 8-15-3 of this title.

FLAMMABLE LIQUIDS AND GASES: Liquids and gases having a flashpoint below one hundred ten degrees Fahrenheit (110°F).

FLANKING STREET: A public or private right of way abutting the side or rear property boundaries of a parcel, lot or development site.

FLASHING SIGN: See section 8-15-3 of this title.

FLEA MARKET: A series of events at which two (2) or more persons, partnerships, organizations or corporations offer new or used personal property or merchandise for sale or exchange, where such event is held more than two (2) times in any twelve (12) month period. The term "flea market" is interchangeable and applicable to "swap meets", "indoor swap meets" or their similar terms, regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope and character to constitute a regular course of business.

FOOD PROCESSING OPERATIONS: A manufacturing operation involved in the receipt, consolidation, preparation, preservation, production or packaging of meats, dairy, fruits, vegetables, grains and related food products and byproducts. For the purpose of this title, food processing operations shall explicitly exclude slaughterhouses and rendering plants.

FREESTANDING SIGN: See section 8-15-3 of this title.

FULLY SHIELDED LIGHTING: Lighting that is constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below horizontal.

FUTURE LAND USE: Land use designation as identified on the current "Future Land Use Map Of The City Of Kootenai Comprehensive Plan", as duly adopted by the Kootenai city council in accordance with the requirements of Idaho Code section 67-6509.

GOVERNMENTAL SIGNS: See section 8-15-3 of this title.

GRASSY SWALE: See section 8-14-2-3 of this title.

GROSS AREA, SIGN: See section 8-15-3 of this title.

GROUND COVER: See section 8-14-2-3 of this title.

GROUP HOME: See definition of Residential Care Facility.

HEIGHT, BUILDING: See definition of Building Height.

HEIGHT, FENCE: The vertical distance from the natural grade of the property at the base of the fence to the highest point on the fence or fence structure.

HEIGHT, SIGN: The vertical distance from the natural grade of the property at the base of a sign to the highest point on a sign or sign structure.

HOME OCCUPATION: An occupation or business activity that is conducted within a dwelling unit or residential accessory building by a resident thereof, and which is clearly incidental and secondary to the residential occupancy and does not change the character or use classification of the residential structure or area.

HOSPITALS: A healthcare facility providing twenty four (24) hour medical or surgical care for patients, as defined in Idaho Code section 39-1301. See also definition of Skilled Care Facility.

IMPERVIOUS SURFACE: Any hard surfaced, manmade area that does not readily absorb or retain water, including, but not limited to, building roofs, parking and driveway areas, concrete and asphalt surfaces, graveled areas, sidewalks and paved recreation areas.

IMPERVIOUS SURFACE COVERAGE: The percentage of the area of a lot that is covered by impervious surface.

KENNEL: Any person, group of persons or corporation engaged in the business of breeding, buying, selling, boarding or training of dogs, or who keeps and maintains, for any reason, four (4) or more dogs over the age of six (6) months.

LARGE ANIMALS: Animals that are generally larger than a domesticated dog, including horses, cows, sheep, goats and their offspring, or similarly sized animals that typically require pasturing.

LOT: For a designated parcel, a tract, or an area of land established by plat, subdivision, or as otherwise permitted by this title, to be separately owned, used, developed or built upon; a parcel of land established by a subdivision plat filed pursuant to Idaho Code.

MANSARD: See section 8-15-3 of this title.

MANUFACTURED HOME: A structure constructed after June 15, 1976, that bears the seal of U.S. department of housing and urban development (HUD) and/or the federal housing administration (FHA) indicating it has met the manufactured home construction and safety standards of that agency, and when erected on site, is on a permanent chassis and designed to be used as a dwelling with a permanent foundation, and when connected to the required utilities, is in compliance with the Idaho state plumbing code, national electrical code, international mechanical code and international fuel gas code requirements for plumbing, heating, air conditioning and electrical systems contained therein, except that such term shall include any structure which meets all the requirements, for which the manufacturer voluntarily files the certification required by HUD/FHA that indicates that the structure complies with the established standards.

MARQUEE: See section 8-15-3 of this title.

MARQUEE SIGN: See section 8-15-3 of this title.

MINISTORAGE: See definition of Self-Storage Warehousing.

MITIGATION STUDY: A report which evaluates potential measures taken to eliminate or minimize negative impacts or potential damages associated with proposed development activity or activities.

NONCONFORMING LOT OF RECORD: A lot or parcel that was lawfully established prior to the adoption of the ordinance codified herein, or previous applicable ordinances, and which was in compliance with land development regulations then in effect, but which no longer conforms to the lot area and dimension standards of the zone in which it is located, due to changes in zoning or subdivision regulations (and specifically, not as a result of any action of the property owner).

NONCONFORMING SIGN: See section 8-15-3 of this title.

NONCONFORMING STRUCTURE: A structure, or a portion thereof, that was legally constructed prior to the adoption of the ordinance codified herein, or previous applicable ordinances, which was in compliance with land development regulations in effect at the time of construction, and which no longer conforms to the site area, coverage, setback and/or other open space, height or other dimensional or physical development standards of the zone in which such structure is located, due to changes in zoning or subdivision regulations (and specifically, not as a result of any action of the property owner).

NONCONFORMING USE: A use that lawfully existed prior to the effective date hereof, but that does not now conform to the allowed uses established in the ordinance codified herein for the district in which it is located. A nonconforming building or nonconforming position of the building shall be deemed to constitute a nonconforming use of the land on which it is located.

NONCONFORMING USE, LEGAL: See definition of Nonconforming Use.

OFF PREMISES COMMERCIAL SIGN: See section 8-15-3 of this title.

OUTDOOR RECREATIONAL/ENTERTAINMENT FACILITY: An amusement or recreational facility, whether public or privately owned, where participant uses are conducted predominantly in open or partially enclosed facilities, including, but not limited to, outdoor theater, amusement park, miniature golf, golf course, golf driving range, drive-in theater, tennis court, football, soccer, rugby or hockey field, skatepark or swimming pool.

PARCEL: A contiguous tract or plot of land which is uniquely described, and which may or may not be subdivided or improved.

PARK: An area that is developed either for passive or active recreational activities, whether publicly or privately owned. The development may include, but shall not be limited to, walkways, bike paths, open fields, multi-use courts, swimming and wading pools, splash pads, community gardens, etc. The term "park" shall not refer to campgrounds and recreational vehicle facilities, outdoor theaters, zoos, amusement parks, golf courses, driving ranges, or vehicle, equestrian or dog racing facilities.

PARK, PRIVATE: See definition of Park.

PERSONAL SERVICES: Establishments providing nonmedically related services, including, but not limited to, barber shops, beauty shops, massage therapy, nail salons, personal trainers, psychic readers, tanning salons and/or tattoo parlors. These uses may also include accessory retail sales of products related to the services provided.

PLANTING AREA: See section 8-14-2-3 of this title.

PROFESSIONAL OFFICE: Office occupations involving the dispensation of a service that involves some skill or knowledge, including, but not limited to, accountant, architect, attorney, engineer, financial planner, insurance agent, medical/dental and/or real estate offices. A distinction is made between professional offices and establishments and the purveyors of merchandise or repair of goods.

PUBLIC STREETS: A publicly dedicated or deeded right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the city of Kootenai. The term "street" also applies to such publicly dedicated rights of way identified as highway, parkway, road, avenue, lane, place, drive, trail, way, loop, court, circle and other such terms, and shall expressly apply to the following street classifications: alleys; local roads; minor collectors; major collectors; minor arterials; principal arterials; and state highways.

PUBLIC UTILITY: A public, private or not for profit entity, providing pipeline, gas, electrical, telephone, telegraph, water or sewage service to the public, or any portion thereof. Private energy production, transmission relay, repeater, translator, radio and television towers and equipment, and cable television facilities, are also considered public utilities. "Public utility" does not include airports or television, radio or community television antenna system administration offices, or other types of administrative offices or maintenance yards.

RESIDENCE, PRINCIPAL: The main, independent dwelling unit to which an accessory living unit is subordinate or accessory.

RESIDENTIAL CARE FACILITY: An establishment that provides permanent provisions for living, sleeping, eating, cooking and sanitation and that provides twenty four (24) hour nonmedical care for more than eight (8) individuals who need personal care or assistance and supervision. A residential care facility shall include, but not be limited to, assisted living facility, retirement home and respite care.

RESIDENTIAL NEIGHBORHOOD IDENTIFICATION SIGN: See section 8-15-3 of this title.

RESORT: A privately owned, for profit or not for profit outdoor recreational area. A commercial or private resort may include facilities to support activities, such as swimming, boating, fishing, hunting, camping, picnicking, winter sports and similar uses, as well as permanent facilities for overnight or seasonal living, camping areas, recreational vehicle parks, and limited commercial activities associated with convenience goods and services that serve to enhance the primary recreational use or activity.

ROOF SIGN: See section 8-15-3 of this title.

ROOFLINE: See section 8-15-3 of this title.

SCHOOL: An institution for the teaching of children or adults, including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools and similar facilities.

SCREEN: See section 8-14-2-3 of this title.

SELF-STORAGE WAREHOUSING: A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers and other residential uses, including refrigerated facilities.

SETBACK: The minimum distance by which any building, structure or use must be separated from a street right-of- way, property boundary or lot line.

SHRUB: See section 8-14-2-3 of this title.

SIGHT TRIANGLE: A triangular area that is determined by measuring from the intersection of the edges of two (2) adjacent streets, forty feet (40') along each street and connecting the two (2) points with a straight line to form a triangle. Also applicable to railroad grade crossing intersections. A sight triangle is also known as a vision triangle.

 

SIGHT TRIANGLE, MODIFIED: For streets posted with speed limits of fifteen (15) miles per hour (mph) or less, a triangular area that is determined by measuring from the intersection of the edges of two (2) adjacent streets, twenty feet (20') along each street and connecting the two (2) points with a straight line to form a triangle. Intersections with State highways or railroad grade crossings are not included in the modified sight triangle.

SIGN: See section 8-15-3 of this title.

SITE AREA: The total area of a site for residential or nonresidential development, excluding street rights-of-way and other publicly dedicated improvements, such as parks, open space and stormwater detention and treatment facilities.

SITE PLAN: A diagram, drawn to scale, showing uses and structures proposed for a parcel of land as detailed in subsection 8-4-4B of this title. It generally identifies the location of lot lines, streets, existing and proposed building sites, reserved open space, major landscape features and existing and proposed utility lines.

SKILLED CARE FACILITY: A healthcare facility providing twenty four (24) hour medical or surgical care for patients, as defined in Idaho Code section 39-1301. See also definition of hospitals.

SMALL SIGN: See section 8-15-3 of this title.

SOLID WASTE TRANSFER FACILITY: A facility or location, whether publicly or privately owned and operated, where the collection, consolidation, treatment, processing or final disposition of solid waste and/or recyclable materials occurs, including, but not limited to, sanitary landfills, waste transfer stations, public tipping areas and recyclables collection and drop off areas.

STREET FRONTAGE: The length of the property lines of a single premises that is directly adjacent to and abutting a public or private right-of-way.

STRUCTURE: A combination of assembled materials that provide shelter, support, or an extension of shelter or support, including, but not limited to: buildings, signs, towers, tanks, decks, platforms, porches, walls, pools, roofed storage areas, manufactured structures, located above or below ground, whether constructed or assembled on site or preconstructed and placed on site, but excluding fences or walls used as fences not exceeding seven feet (7') in height. Fence standards are governed by section 8-14-2-2 of this title.

STRUCTURE. DETACHED: A building or shelter that is freestanding and structurally separate from any other building, shelter, or structure.

SWAP MEET: A series of events at which two (2) or more persons, partnerships, organizations or corporations offer new or used personal property or merchandise for sale or exchange, where such event is held more than two (2) times in any twelve (12) month period. The term "swap meet" is interchangeable and applicable to "flea markets", "indoor swap meets" or their similar terms, regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope and character to constitute a regular course of business.

TANDEM PARKING: The placement of parking spaces one behind the other, so that the space nearest the driveway or access aisle serves as the only means to access the other space.

TRAFFIC IMPACT ANALYSIS: An analysis of the effect of traffic generated by a development on the capacity, operations and safety of the public street and highway network serving the area.

TRANSPORTATION IMPACT ANALYSIS: A comprehensive evaluation of the effect of a development on the local and regional transportation network, which generally includes both a traffic impact analysis and a mitigation study, if warranted as based upon impact identified in the traffic impact analysis.

VARIANCE: A discretionary exception to the requirements of this title concerning bulk and placement standards, such as lot area, lot coverage, width, depth, setbacks, parking location requirements, height or any other ordinance provision affecting the size of a structure or the placement of a structure upon the property. Variances may be permitted when, due to the unusual physical characteristics of the site, a literal enforcement of the provisions of this title would deny an owner all reasonable use of the owner's land.

WAREHOUSE: A structure used primarily for storing materials, including, but not limited to, goods, wares, merchandise or vehicles.

WHOLESALE SALES AND SHIPPING OPERATIONS: Operations related to the sale or transfer of goods, merchandise, articles or equipment in quantity to persons or entities who purchase said goods for the purpose of resale and/or distribution to a point of sale vendor. Wholesale sales operations may include some direct retail sales, but only to the extent that they are occasional and incidental. For the purpose of this title, wholesale sales and shipping operations shall include distribution facilities.

WIND ENERGY SYSTEM, DISTRIBUTED: A wind conversion system consisting of a wind generator, foundation, tower or mounting system, and associated control or conversion electronics, which has a rated capacity to produce greater than ten kilowatts (10 kW) of electricity.

WIND ENERGY SYSTEM, SMALL: A wind conversion system consisting of a wind generator, foundation, tower or mounting system, and associated control or conversion electronics, which has a rated capacity to produce not more than ten kilowatts (10 kW) of electricity.

WINDOW SIGN: See section 8-15-3 of this title.

YARD, FRONT: An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure.

YARD, REAR: An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure.

YARD, SIDE: An area extending from the front yard to the rear yard between the side property line and the nearest line of the principal structure. (Ord. 201, 11-15-2013; amd. Ord. 220, 5-1-2018; Ord. 227, 9-3-2019; Ord. 236, 6-6-2023)