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

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

Accessory use means a use or structure on the same lot, and of a nature customarily and subordinate to the principal use or structure. Examples of accessory uses include, freestanding garages, storage buildings, tennis courts, swimming pools.

Adult entertainment means any activity incorporated in the definition of adult entertainment facility as defined in chapter 6, article III; provided, however, the term "adult entertainment" is not intended to apply to theatrical performances, motion picture theaters, or museums where adult entertainment is not the mainstream activity of such establishments.

Adult entertainment facility means any commercial establishment operating as an adult entertainment facility pursuant to chapter 6, article III.

Alley means a minor way used for service access to the back or side of properties otherwise abutting on a street or a public or private thoroughfare that affords only a secondary means of access to abutting property.

Alteration, building or structural, means any change in the supporting members of a building (such as any type of support in a structural member), except such changes as may be required for its safety; any addition to a building; any change in use from that of one zoning district classification to another; or change of a building from one location to another.

Animal hospital means a facility for the treatment or temporary boarding of domestic animals operated under the supervision of a licensed veterinarian. This facility may not include the boarding of animals in outside runs or kennels.

Animal quarters means any structure which surrounds or is used to shelter, care for, house, feed, exercise, train, exhibit, display or show any animals, or other fenced pastureland for grazing.

Apartment means a room or suite of rooms used as a dwelling for one family, which does its cooking therein.

Apartment building means a building designed for or occupied exclusively by three or more families with separate housekeeping facilities for each family.

Automotive sales (new) means an automobile the equitable or legal title to which has never been transferred by a manufacturer, distributor or dealer to an ultimate purchaser.

Automotive sales (used) means any vehicle which has been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. No automotive sales lots are allowed in the City of Loganville that exclusively sell used vehicles as defined herein. Instead, at least 25 percent of the inventory of each automotive sales lot that sells used vehicles must be comprised of new vehicles offered for sale.

Automobile service station means a building or premises where products necessary for automobile service or maintenance are sold, provided there is no storage of automobiles, and only minor services are rendered. An automobile service station is neither a repair garage nor a body shop.

Basement means that portion of any building for which the finished surface of its floor meets any of the following conditions:

(1)

More than six feet below grade;

(2)

More than six feet below the finished ground level for more than 50 percent of the total building perimeter; or

(3)

More than 12 feet below the finished ground level at any point.

Boardinghouse means a building where, for compensation, both lodging and meals are provided for two or more but not more than ten persons; provided that a single-family dwelling shall not be deemed to be a boardinghouse by reason of a contribution to expenses or expense-sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.

Buffer strip means a portion of a lot or a land area used to visually separate one use from another through the use of vegetation, screening and distance to shield or obstruct noise, illumination, visual, or other incompatibilities or nuisances. A buffer is measured from the common property line of the different uses.

Building means any structure attached to the ground having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or personal property. The term "building" includes the term "structure."

Building, height of, means the vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Grade is defined as the average elevation of the ground on all sides of a building.

Building, principal, means a building in which is conducted the principal use of the lot on which said building is situated. In a residential district, the dwelling unit shall be defined to be the principal building.

Building setback line means a line establishing the minimum allowable distance between the main or front wall of the building and the street right-of-way line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into the required yard.

Centerline of street means the line surveyed and monumented by the city or the state highway department or, if a centerline has not been surveyed and monumented, it shall be that line running midway between the outside curbs or ditches of the street.

Certificate of occupancy means compliance approval or a certificate of occupancy issued by the city manager or designee indicating that the use of the building or land in question is in conformity with this chapter, or that there has been a legal variance therefrom as provided by this chapter.

City council, council. The term city council or council means the City Council of the City of Loganville, Georgia.

Clinic means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a physician or dentist or group of physicians or dentists practicing medicine.

Club means a building or facility owned or operated by and for special educational and recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain.

Community shelter means a nonprofit, institutional use comprised of a building, institutional in nature, which provides overnight shelter, sleeping accommodations and services, and not otherwise mandated by the state government, for related or nonrelated individuals for a period of time not to exceed 15 hours every 24 hours.

Comprehensive plan means a comprehensive plan, which may consist of several maps, data, and other descriptive matter, for the physical development of the city or any portion thereof, including any amendments, extensions or additions thereto recommended by the city planning commission, indicating the general location for major streets, parks, or other similar information. The comprehensive plan shall be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems, and other useful data.

Conditional use means a use that is not automatically permitted by right, but which may be permitted within in a zoning district subject to meeting specific conditions contained in this chapter or required by the city council.

Conditional zoning means the attachment of special conditions to a rezoning which are not spelled out in the text of this chapter. Conditions include restrictions as to use, size, design and development timing and can be stipulated by the city council as a means to mitigate potential adverse impacts that could be expected to occur without imposing such conditions.

Condominium means a multiple dwelling in which each dwelling unit is owned or financed by the occupant, but in which halls, entranceways and underlying lands are owned jointly.

Courtyard means open spaces that may or may not have direct street access, around which is arranged a single building or group of related buildings.

Cul-de-sac means a street having one end open to traffic and being shown as permanently terminated within the plat by a vehicular turnaround.

Curb cut means any interruption or break in the line of a street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property.

Day care facility means a structure or portion of a structure within which is provided care and supervision on a regular basis for persons away from their place of residence. Services are provided for compensation for less than 24 hours per day. Day care includes group day care homes, family day care homes, adult day care, preschools, play schools, nursery schools, private kindergartens and early learning centers.

Density means the overall intensity of land use for the total project. A buildable lot area shall not include any parts of rivers, streams, floodplains or wetland areas. The term "density" also means:

(1)

The number of dwelling units per area of land used for residential purposes.

(2)

The size of commercial or industrial building that conforms to a site plan that includes size of lot, buffer zones, landscaping, parking, etc., according to zoning regulations.

District means a section of the city as shown on the official zoning map within which the zoning regulations are uniform.

Drive-in means a retail or service enterprise wherein service is provided to the customer on the outside of the principal building.

Drive-in restaurant means any place or premises used for sale, dispensing or service of food, refreshment, or beverage in automobiles, including those establishments where customers may eat or drink the food or beverage on the premises.

Dwelling means a building or portion thereof which is designed or used exclusively for residential purposes, including single-family, two-family, and multiple-family dwellings; roominghouses and boardinghouses; fraternities; sororities; and manufactured dwellings, but not including hotels or motels.

Dwelling, multifamily, means a building designed for or occupied exclusively by three or more families with separate housekeeping facilities for each family.

Dwelling, single-family, means a building designed for or occupied exclusively by one family. The structure shall consist of a kitchen, eating area, sleeping quarters/bedrooms, a toilet with a washbasin, and a shower and/or tub with a minimum of 60 square feet per bedroom per occupant, provided that the lease or rental of this building by the owner to any individual shall not be sub-leased. Occupancy of such building/dwelling is not to include more than five adult persons in total for occupancy of this building/dwelling.

Dwelling, two-family (duplex), means a building designed or arranged to be occupied by two families living independently of each other.

Dwelling unit means a building, or portion thereof, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.

Dwelling unit, efficiency, means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

Family, immediate, means and includes health care providers, spouse, child, child's spouse, grandchild, grandchild's spouse, grandparents, parent, parent-in-law, or sibling. The term "family" does not include any organization or institutional group.

Fee simple means the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.

Fence means an enclosure, barrier, or boundary made of boards, stakes, wire, rails or iron to enclose a designated area.

Flat means a residential unit consisting of a single story and located in a multifamily or mixed-use building.

Floodplain means that area within the intermediate regional flood contour elevations subject to periodic flooding once in 100 years as designated by the city engineer based upon the U.S. Army Corps of Engineers floodplain reports, U.S. Department of Agriculture soils reports, and other federal, state, county or local hydraulic studies.

Floor area, gross, means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, which would include unfinished basement areas, unfinished bonus rooms, porches, carports and garages.

Floor area, heated, means the gross heated finished horizontal area of the several floors of a dwelling unit, normally excluding a basement, attic, carport and/or garage.

Frontage, lot, means the distance for which the front boundary line of the lot and the street line are coincident.

Frontage, street, means all of the property on one side of a street located between the street intersections.

Garage, public, means an accessory building or portion of a principal building used primarily for vehicle storage.

Garage, repair, means a garage intended to be used to make commercial automobile or other motor vehicle repairs.

Hard-surfaced area or all-weather surface means an area which has been packed and covered with gravel and confined by landscaping timbers, railroad cross-ties, brick or rock wall.

Health department means the Gwinnett County or Walton County Health Department, as appropriate, as the enforcing agent of the Georgia Department of Public Health.

Home occupations means any occupation or activity carried on by a member of the family residing on the premises, in connection with which there is no group instruction, assembly or activity and no sign is used that will indicate that the building is being utilized in any part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than members of the immediate family residing on the premises; and no heavy mechanical or electronic equipment other than that normally found in a home is used for commercial purposes.

Hospital means a public or private institution receiving inpatients or outpatients, and licensed under state law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of mental patients, alcoholics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.

Hotel means a building in which lodging and boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby and office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boardinghouse or roominghouse.

Industrialized building means a factory-manufactured, transportable building consisting of units designed to be assembled (attached) at a building site on a permanent foundation into a structure to be used for commercial or industrial purposes. An industrialized structure must be manufactured by a manufacturer approved by the department of community affairs and meet the same requirements as a site-built structure located within the city.

Inoperable vehicle means any motorized vehicle incapable of immediately being driven and not properly licensed or inspected for safety in accordance with state law.

Junked vehicle means any wrecked or nonoperable automobile, truck, or other vehicle that does not bear a current license plate and insurance.

Junkyard/salvage yard means any use on public or private property involving the parking, storage or disassembly for junk vehicles and machinery; the storage, sale or resale of used auto parts, tires, scrap iron, metal; used plumbing fixtures, old stoves, refrigerators and other old household appliances; used brick, wood, or other building/structural materials; or used paper, rags or other scrap materials. These uses shall be considered junkyards whether or not all or parts of these operations are conducted inside a building or in conjunction with or accessory to other uses of the premises.

Kennel means an establishment where dogs are bred, trained or boarded.

Kindergarten means a state-approved institution for the education of preschool-aged children.

Landfill, inert waste, means a landfill accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trash, stumps, limbs and leaves. This definition excludes other types of industrial and demolition waste not specifically listed above.

Landscape strip means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.

Landscaping means that portion of a given lot, not covered by buildings, parking, access and service areas that is designed to enhance privacy and the amenity of the development by providing landscaping features, screening and buffering for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Landscaped open space may include, but need not be limited to, grass lawns, decorative planting, berms, walls and fences, sidewalks/walkways, ornamental objects such as fountains, statutes and other similar natural and manmade objects, wood areas, and watercourses, any or all of which are designed and arranged to produce an aesthetically pleasing effect within the development.

Livestock means and includes cattle, horses, goats, sheep, swine and other hoofed animals; poultry, ducks, geese and other live fowl; and rabbits, mink, foxes and other fur or hide-bearing animals customarily bred or raised in captivity for the harvesting of their skins; whether owned or kept for pleasure, utility or sale.

Loading space means off-street vehicle parking space reserved for bulk pickups and deliveries.

Loft means a residential unit located in a new mixed-use building or in a nonresidential building that has been converted to mixed or residential use.

Lot means a portion or parcel of land separated from other portions or parcels by description as on a subdivision plat of record or survey map or as described by metes and bounds, and intended for transfer of ownership or for building development which is capable of being occupied by a use as herein defined. For the purpose of this chapter, the term "lot" does not include any portion of a dedicated right-of-way. The term "lot" includes the term "plot" or "parcel."

Lot, corner, means a lot abutting on two or more streets at their intersection.

Lot depth means the mean horizontal distance between front and rear lot lines.

Lot, double frontage, means any lot, other than a corner lot, which has frontage on two streets.

Lot line means a boundary of a lot. The term "lot line" is synonymous with the term "property line."

Lot line, front, means the front property line coincident with a street right-of-way line.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the records of the Clerk of Superior Court of Gwinnett or Walton Counties or a parcel of land, the deed of which has been recorded in the same office as of the effective date of the ordinance codified in this chapter.

Lot width means the distance between side lot lines measured at the minimum front yard setback line.

Manufactured home means a dwelling unit meeting National Manufactured Home Construction and Safety Standards and approved by the Georgia Commission of Insurance/Safety Fire Marshal. A manufactured home is transportable in one or more sections, is a minimum of ten feet in width; constructed on a permanent chassis; designed to be used as a dwelling unit with or without permanent foundation and to be attached to required utility systems; and containing electrical, heating, air conditioning and plumbing systems. The term "manufactured home" includes the term "mobile home."

Manufactured home park means a parcel of land that has been planned and improved for the placement of manufactured homes or spaces or lots set aside and offered for rent to use as manufactured homes for living purposes. A manufactured home park does not include manufactured home sales lot on which unoccupied manufactured homes are parked for inspection or sale.

Map, zoning map or Loganville Zoning Map means the official zoning map of the City of Loganville, Georgia.

Mini-warehouse/storage lots means and includes:

(1)

A building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amount of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sales on the premises, commercial repair or other services, manufacturing or any other commercial use.

(2)

Spaces that provide storage for recreation vehicles, to include motor homes, campers, travel trailers, pop-ups, etc.

(3)

Spaces for all types of watercraft to include boats, jet skis, pontoons, etc.

Storage lots are to be completely separated from a mini-warehouse by an eight-foot-high fence.

Mobile home means a manufactured home. Camping-style trailers, travel trailers, motor homes, or other forms of recreational vehicles are not mobile homes.

Modular home. See Manufactured home.

Motel means a building or a group of buildings containing sleeping accommodations for rental primarily to automobile transients.

Nonconforming use means any building or use of land or building lawfully existing at the effective date of the ordinance codified in this chapter or as a result of subsequent amendments to this chapter, which does not conform with the provisions of the regulations for the district in which it is located.

Nursery or kindergarten school means any building used routinely for the daytime care or education of preschool age children and including all normal accessory and play areas.

Nursing home means a home for the aged, infirmed, or incapacitated persons in which three or more persons not of an immediate family are kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office park means a development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

Official zoning map means a map formally delineating the boundaries of zoning districts that, along with the zoning text, constitutes the zoning regulations.

Open-air market means display and retail sales of new goods and merchandise in the unenclosed pedestrian ways or public and open spaces of a retail or mixed-use development. Freestanding awnings or other sun shields shall not exceed 100 square feet of surface area.

Parking space means an area having suitable access and size to be used exclusively as a temporary storage space for a private motor vehicle.

Parking space, off-street, means an off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Design standards for off-street parking spaces are contained in this chapter.

Personal care home means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage.

Principal use means the primary or predominant purpose for which a lot is occupied and/or used.

Private deed restrictions or covenants means private deed restrictions or covenants imposed on land by private landowners. They bind and restrict the land in the hands of present owners and subsequent purchasers. They are enforced only by the landowners involved and not by the city or other public agency.

Public street means a right-of-way dedicated to the city or owned by the city for public street purposes.

Recovered materials processing facility, accessory, means any facility utilized for the purpose of collecting household and commercial materials to be recycled, including, but not limited to, plastics, glass, paper and aluminum materials, whenever such use is customarily incidental to a shopping center, church, school, multifamily residential development, waste disposal facility or similar use.

Recovered materials processing facility, principal, means any facility utilized for the purpose of collecting, sorting, processing and shipping materials to be recycled, including, but not limited to, plastics, glass, paper and aluminum whenever such use is principal to the site.

Religious facility means a facility operated for worship or promotion of religious activities, including, but not limited to, churches, mosques, synagogues and religious "Sunday-type schools."

Residential shelter means a housing facility maintained to provide a temporary, short-term residence for homeless individuals or families offering limited supplemental services for the homeless population yearround, provided no facility is used for more than 30 days at a time by any individual or family.

Rezoning means an amendment to or a change in the zoning regulations. Rezoning can take three forms:

(1)

A comprehensive revision to the zoning text and official zoning map;

(2)

A text change in the zoning district requirements; and

(3)

A change made to the official zoning map.

Right-of-way means access over or across a particularly described property for a specific purpose.

Road frontage means the distance on which a parcel of land adjoins a public street or public road right-of-way dedicated to and accepted by the city for vehicular traffic or over which the city may hold a prescriptive easement for public access, and including designated and numbered federal and state highways.

Roominghouse means a building where, for compensation, lodging only is provided for not more than ten persons.

Scrap tire processing plant means a facility that grinds, shreds, chops, or otherwise processes scrap tires for secondary use.

Screening means a method of shielding or obscuring one abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like.

Service station means any building, structure or land used for the retail sale of motor vehicle fuel, oil accessories, and motor vehicle servicing, except that major repairs, body repairs, and painting of motor vehicles shall not be considered motor vehicle servicing.

Shopping center means a group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; that is planned, developed, and analyzed as a unit, related in location, size and type of shops to the trade area that the unit serves, and provides on-site parking in definite relationship to the types and sizes of stores. Shopping centers are classified by type, and sizes of stores. Shopping centers are classified by type, each distinctive in its own function:

(1)

Neighborhood shopping centers, which provide for the sale of convenience goods (foods, drugs, sundries, etc.) and personal services (laundry, dry cleaning, barbering, shoe repair, etc.) for the day-to-day living needs of the immediate neighborhood and are usually built around a supermarket which is the principal tenant.

(2)

Community shopping centers which, in addition to the convenience goods (foods, drugs, sundries, etc.) and personal services (laundry, dry cleaning, barbering, shoe repair, etc.) for the day-to-day living needs of the immediate neighborhood, are usually built around a junior department store which is the principal tenant.

(3)

Regional shopping centers, which provide for general merchandise, apparel, furniture and home furnishings in full depth and variety. They are built with one or more full-line department stores as the focal point.

Sign, business, means any notice or advertisement, pictorial or otherwise which directs attention to goods, commodities, products, services or entertainment sold or offered upon the premises where such sign is located.

Spa means an establishment that offers massage, as defined herein, along with at least four other classifications of services for the human body, each of which requires a state license. Examples of other classifications of services that are included in the definition of a spa include, but are not limited to, manicure/pedicure, waxing, wrapping and facials.

Stable, private means a building or facility used as a stable with a capacity of not more than two horses, mules or other draught animals. Land area must consist of five acres within the city limits. The stable must be located 100 feet from any property line.

Story means that portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling next above it, provided that a room suite or story with more than one-half of its height below grade shall not be considered a story for the purposes of regulations. The first floor of a two- or multi-story building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy. Those stories above the first floor shall be numbered consecutively.

Street means a right-of-way for vehicular traffic whether designated as street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley, or otherwise. Various classifications of streets shall be defined as follows:

(1)

Arterial means a street which is used primarily for fast and heavy traffic flow; is of considerable continuity; and is used as a traffic artery for intercommunication between large areas.

(2)

Major collector means a street which carries traffic from activity centers and minor collector streets to arterial streets and streets of higher classification.

(3)

Minor collectors means principal entrance streets to subdivisions and the main streets for circulation within subdivisions, and which serve a network of four or more local streets. Minor collector streets are designated so that traffic circulation in a subdivision would cause such a street to be used as a link between local streets and major collector or arterial streets.

(4)

Local means a street used primarily in residential subdivisions for access to abutting properties as opposed to the collection and dispersion of traffic.

(5)

Cul-de-sac means a local street with only one outlet closed and terminated by a vehicular turnaround.

(6)

Marginal access means a street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.

Structure means anything constructed or erected with a fixed location on the ground.

Subdivider means the person, firm or corporation having such a proprietary interest in the land to be subdivided as will authorize the maintenance of proceedings to subdivide such land under this chapter, or the authorized agent of such person, firm or corporation for the purpose of proceeding under this chapter.

Subdivision means a tract of land that has been divided into two or more lots, all fronting on a public street, and offered for sale as individual lots.

Surface-treated area means an area that has been covered with asphalt or concrete.

Tourist home means a dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.

Townhouse means a group of three or more attached dwelling units under fee simple or condominium or cooperative ownership, as defined by laws of the state.

Trailer or motor home means a motorized vehicle, designed and/or maintained for the use for travel or recreation purposes exclusively off the premises, having no foundation other than wheels or jacks.

Trailer, travel, means a nonmotorized vehicle pulled by an automobile or truck designed and/or maintained for use off the premises for travel or recreation purposes exclusively.

Use means the purpose or purposes for which land or a building is designed, arranged, or intended, or to which said land or building is occupied, maintained or leased.

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

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of a structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Vehicle, abandoned, means a vehicle that does not bear a current license plate, unless said vehicle is stored within a completely enclosed building.

Veterinary clinic means a facility for the treatment of domestic animals, operated under the supervision of a licensed veterinarian. The boarding of animals is limited to short-term care incidental to the clinic use and does not take place in outside runs or kennels.

Waste incineration facility means any facility that reduces waste volume by burning at a high temperature for a specified period of time. This term excludes air curtain destructors used for the on-site burning of yard trimmings and wood wastes at a building, land disturbing, or development site.

Yard means a space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot.

Yard, rear, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard, side, means an open, unoccupied space on the same lot with the principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

(Ord. of 9-18-2014(2); Ord. of 7-9-2015, § 1)

In case any building or structure is proposed to be erected, constructed, reconstructed, altered, or converted, or any building, structure or land is proposed to be used in violation of any provision of this chapter, the city manager or designee will, after due notice to the owner of the violation, issue a citation for violation of the City Code requiring the presence of the violator in the municipal court; institute an injunction; or take other appropriate action or proceeding to prevent each unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use. To correct or abate such violation or to prevent the occupancy of such building, structure or land, the city manager or designee may, in addition to other remedies, require that public utility service will be withheld therefrom until such time as the structure or premises is no longer in violation of these regulations.

(Ord. of 9-18-2014(2))

(a)

It is unlawful to violate the provisions of this chapter or fail to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, special exceptions or conditional uses.

(b)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. of 9-18-2014(2))

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing higher standards shall govern.

(Ord. of 9-18-2014(2))