This article shall constitute the zoning regulations of the city. It may be cited as the "zoning ordinance" or the "zoning code," and consists of the text, which follows, as well the zoning district boundary map, entitled "Official Zoning Map of the City of Lowell, Arkansas," which is on file in the office of the city clerk-treasurer.

(Ord. No. 754, § 8-101, 7-6-2006)

(a)

These regulations are adopted pursuant to authority granted by the Arkansas General Assembly in Title 14, Chapter 56, Subchapter 4 of the Arkansas Code of 1987 Annotated (A.C.A. § 14-56-401 et seq.).

(b)

All membership in the various boards and commissions having authority hereunder, acting prior to the effective date of the ordinance from which this article is derived, shall remain in office and serve the remainder of their respective terms.

(Ord. No. 754, § 8-102, 7-6-2006; Ord. No. 991, § 1, 6-20-2017; Ord. No. 996, § 1, 8-15-2017; Ord. No. 997, § 1, 8-15-2017; Ord. No. 1004, § 1, 11-21-2017)

The zoning regulations set forth herein are enacted to promote, in accordance with present and future needs, the safety, order, convenience, prosperity, and general welfare of the citizens of the city. The regulations are also intended to aid in the implementation of the City of Lowell Comprehensive Plan 2025. The regulations are intended to provide for orderly growth and development; for protection of the character and stability of residential, commercial, industrial, recreational, and environmentally sensitive areas; for protection of property from blight and undue depreciation; for efficiency and economy in the process of development for the appropriate and best use of land; for the use and occupancy of buildings; for healthful and convenient distribution of population; for good civic design and arrangement; and for adequate public utilities, facilities and infrastructure.

(Ord. No. 754, § 8-103, 7-6-2006)

The provisions of these regulations shall apply to all land, buildings and structures within the corporate limits as they now, or may hereafter exist.

(Ord. No. 754, § 8-104, 7-6-2006)

(a)

For the purposes stated in section 16-60, the city has been divided into zoning districts in which the regulations contained herein will govern lot coverage; the height, area, bulk, location, and size of buildings; open space; and the uses of land, buildings, and structures. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, order, convenience, prosperity, and general welfare. Whenever these requirements are in conflict with the requirements of any other lawfully adopted rules or regulations, the most restrictive, or that imposing the higher standards, shall govern; provided, however, that the city shall not be responsible for enforcing deed restrictions or restrictive covenants.

(b)

No land shall be used or occupied, no structure shall be erected, moved, converted, altered, enlarged, used or occupied, and no use shall be permitted, unless it is in conformity with the regulations herein prescribed for the district in which such structure or land is located. This provision shall not be construed to affect any lawful uses of land or structures that exist, or for which a lawfully issued permit has been issued, at the effective date of the ordinance from which this article is derived.

(c)

No proposed plat of any new subdivision of land shall hereafter be considered for approval unless the lots within such plat equal or exceed the minimum size and area requirements specified in the applicable zoning district in which the land is located or appropriate variance request has been approved.

(d)

No open space required by these regulations for a particular structure or use shall be claimed at the same time as open space for another structure or use.

(e)

All structures constructed or occupied in conformance with these regulations shall also conform to all other codes and regulations of the city.

(Ord. No. 754, § 8-105, 7-6-2006)

For the purpose of these regulations, the following rules of construction shall apply:

(1)

Words, phrases, and terms defined herein shall be given the defined meaning.

(2)

Words, phrases, and terms not defined herein but in the building code shall be construed as defined in such code.

(3)

Words, phrases, and terms neither defined herein nor in the building code shall be given their usual and customary meanings except where the context clearly indicates a different meaning.

(4)

In case of any difference of meaning or implication between the text and any heading, drawing, table or figure, the text shall control.

(5)

The particular shall control the general.

(6)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive and not mandatory.

(7)

Words used in the present tense include the future tense, and words used in the future tense include the present tense.

(8)

The words "building" and "structure" are synonymous, and include any part thereof.

(9)

The word "person" includes individuals, firms, corporations, associations and any other similar entities.

(10)

The words "lot," "parcel," "site," "tract," or other unit of ownership are synonymous and may be used interchangeably.

(11)

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.

(12)

All public officials, bodies, and agencies to which reference is made are those of the city, unless otherwise indicated.

(13)

Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such resolution, ordinance, statute, regulation, or document, unless otherwise expressly stated.

(14)

Whenever a provision appears requiring the head of a department or another officer or employee to perform an act or duty, that provision shall be construed as authorizing the department head or officer or employee to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

(15)

Unless the context clearly suggests the contrary, the conjunction "and" indicates that all connected items, conditions, provisions or events shall apply, and the conjunction "or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

(Ord. No. 754, § 8-121, 7-6-2006)

This section contains definitions of general terms used throughout the text. It also contains definitions for the uses identified in the text. The use definitions are intended to be mutually exclusive, which means that uses that are specifically defined shall not also be considered a part of a more general definition of that use. The use "retail/service," for example, does not include the more specific use "convenience store."

Access easement means a right-of-way or parcel of land specified or set aside as the way or means by which a piece of property is approached or entered, given by the owner of land to another party.

Accessory buildings and uses means a subordinate building or a portion of the principal building, the use of which is customarily found in connection with that of the main building or structure on the same lot, including a private garage. If the building otherwise qualified as an accessory building is attached to the main building by a common wall or roof, such building shall be considered a part of the main building.

Adult entertainment means any adult cabaret, adult theater, adult bookstore, adult massage establishment, model studio, or sexual encounter or meditation center which depicts or describes matters or activities relating to specified sexual activities or specified anatomical areas. A business will meet this definition if greater than ten percent of the total business is directed to adult entertainment activities.

Agriculture orfarm means a parcel of land used for the growing or raising of agricultural products for retail or wholesale purposes, including related structures thereon.

Agriculture, animal, means the use of any land for the purpose of raising livestock.

Agriculture, crop, means the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products.

Agriculture, product sales, means the retail sale of agricultural products produced on the same site.

Alley means a narrow public way, not in excess of 20 feet, which affords a secondary means of access to abutting properties, and not intended for general traffic circulation.

Amusement places means a facility that may include structures and buildings where there are various devices for entertainment. This may include, but not be limited to, rides, booths for the conduct of games or sale of items, motorized vehicles, miniature golf, batting cages, driving ranges, studios, shows and other types of indoor and/or outdoor entertainment.

Animal care, general, means a use providing animal care, veterinary services or boarding.

Animal care, limited, means a use providing small animal (household pet) boarding or veterinary services, with no outside runs.

Apartment means a room or suite of rooms within a building with separate cooking, bathing, and sleeping facilities and intended as a single dwelling unit. Structures containing three or more dwelling units are considered apartments.

Area means the amount of land surface in a lot or parcel of land.

As-built drawing means a document showing how a particular building and/or site have been constructed.

Asphalt or concrete plant means an establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphalted cement, cement or concrete products.

Auditorium orstadium means an open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings.

Auto wrecking or salvage yard means a lot, land or structure, or part thereof, used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles that are not in operating condition, or for the sale of parts there from; or for the collecting, storage, and salvage of waste paper, scrap metal, or other discard material.

Bank orfinancial institution means establishments engaged in deposit banking; typically, commercial banks, savings and loans, and credit unions.

Basic industry means the first operation that transforms a material from its raw state to a form suitable for fabrication.

Bed and breakfast means the use of an owner-occupied or manager-occupied residential structure to provide temporary lodging, or lodging and meals, with no more than 12 guestrooms.

Berm means an earthen mound designed to provide visual interest, screen views, and/or decrease noise.

Buffer means continuous area of land set aside along the perimeter of a lot in which landscaping is used to provide a transition between and reduce the environmental, aesthetic and other impacts of one type of land use upon another.

Building means any structure including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property and forming a construction that is safe and stable.

Building, principal, means a building in which is conducted the principal use of the plot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the principal building on the plot on which the same is situated.

Building coverage means the land area covered by all buildings on a lot, excluding eaves.

Building height means the vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extension above the roofline.

Building lines means the lines that are parallel to the front, side, or rear lot lines of a lot at a distance equal to the minimum setback requirements, and beyond which any part of the building proper shall not be located closer to said lot lines.

Carport means space for the housing or storage of motor vehicles and enclosed on not more than two sides by walls.

Cemetery means land used, or intended to be used, for burial of the dead, whether human or animal, including a mausoleum, columbarium or cinerarium.

Certificate of occupancy means permission to occupy a building and/or property.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, including day cares, is maintained and controlled by a religious body organized to sustain public worship.

Club orlodge means an association of persons for the promotion of some nonprofit common purpose, such as charity, literature, science, politics, fellowship, etc., meeting periodically, and limited to members.

College oruniversity means an institution of higher education offering undergraduate or graduate degrees.

Comprehensive plan means the City of Lowell Comprehensive Plan 2025 or most current edition of the plan.

Convenience store means an establishment, not exceeding 3,500 square feet of gross floor area, serving a limited market area, and engaged in the retail sale of food, beverages, gasoline and other frequently or recurrently needed merchandise for household or automotive use.

Country club means a chartered, nonprofit membership club catering primarily to its membership, providing one or more of the following social and recreational activities: golf, tennis, swimming, riding, or outdoor recreation. Such clubs typically include dining facilities, clubhouses, locker rooms, and pro shops.

Cultivated landscape area means a planted area that is frequently maintained by mowing, irrigating, pruning, fertilizing, etc.

Day care, adult, means a commercial establishment where adult care services are provided whether in a home or separate structure and where services to be provided pursuant to state laws and fire codes, and in accordance with, and licensed by appropriate state agencies.

Day care, child, means a commercial establishment where child care services are provided whether in a home or separate structure and where services to be provided pursuant to state laws and fire codes, and in accordance with, and licensed by appropriate state agencies.

Detached structure means a structure having no party or common wall with another structure.

Development means the act of changing the state of a tract of land after its function has been purposefully changed by man; including, but not limited to, structures on the land and alterations to the land.

Development or site plan means a dimensioned presentation of the proposed development of a specified parcel of land that reflects thereon the location of buildings, easements, parking arrangements, public access, and other similar and pertinent features.

District, zoning, means any portion or section of the city within which uniform zoning regulations apply.

Drip line means a vertical line extending from the outermost branches of a tree to the ground.

Drive-in establishment means a facility where services or products are delivered to persons in vehicles by means of a drive-up window or carhop.

Duplex. SeeDwelling, two-family (duplex).

Dwelling means a building or portion thereof which is designed or used as living quarters for one or more families; but not including motels, boardinghouses, tourist homes, convalescent homes, travel trailers, mobile homes, or manufactured housing.

Dwelling, attached, means a dwelling that is joined to another dwelling at one or more sides by a wall.

Dwelling, detached, means a dwelling that has no common wall or roof with another structure.

Dwelling, multifamily, means a dwelling designed for or occupied by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or motels.

Dwelling, single-family, means a dwelling designed for or occupied by one family only, and being on a permanent foundation.

Dwelling, two-family (duplex), means a dwelling designed for or occupied by two families living independently of each other.

Dwelling, townhouse, orrow house means two or more dwelling units attached at the side, each unit of which has a separate outdoor entrance and is designed to be occupied and owned by one family.

Dwelling, zero lot line, means a single detached dwelling unit that is constructed on a side property line of said lot; such that the wall located on the side property line should be "blank" with no openings of any type allowed.

Dwelling unit means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities for living, sanitation, sleeping, and cooking.

Ecosystem means an assemblage of plant and animal life within a specific physical environment and all interactions among species and between species and their environment.

Efficiency unit means a dwelling unit that contains living, sanitation, sleeping, and cooking facilities, but not a separate bedroom for sleeping, for not more than two adults.

Emergency housing unit means a manufactured housing unit or residential-design manufactured housing unit that is located on the same lot as a principal single-family dwelling to be used solely for the purpose of providing temporary accommodations for a family member in need of daily assistance due to health reasons. Such reasons shall be certified by a licensed physician.

Escort service means a legal business wherein one person is paid to escort or accompany another to an event or occurrence. Sexual or adult entertainment does not meet this definition.

Evergreen means a plant with foliage that persists and remains green throughout the year.

Family means one or more persons related by blood, marriage or adoption, or a group of not more than five unrelated persons living together and subsisting in common as a single, nonprofit housekeeping unit utilizing only one kitchen.

Farm means a parcel of land used for the growing or raising of agricultural products for retail or wholesale purposes, including related structures thereon.

Fence means a barrier constructed to provide privacy or visual separation between one ownership and another.

Flex space means any building providing a combination of warehouse or light industrial space and office/retail space.

Floodplain regulations means provisions of the City of Lowell Flood Damage Prevention Code.

Floor area means the sum of the gross horizontal areas of all of the floors of a principal building or buildings, excluding garages and covered parking areas, measured from the exterior faces of exterior walls, or from the centerline of walls separating two buildings.

Freight terminal means a building or area in which freight, brought by motor truck or rail, is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

Frontage means that edge of a lot bordering a street.

Fulfillment center means logistics warehouse where incoming orders are received, processed and filled.

Garage, private, means an accessory building or a part of a main building used for storage purposes only for automobiles, vans, pickup trucks and the like, used solely by the occupants and their guests of the building to which it is accessory.

Golf course means a facility providing private or public golf recreation services and support facilities, excluding miniature golf facilities.

Government services means buildings or facilities owned or operated by government entities and providing services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies and utility billing offices.

Greenhouse ornursery means an establishment primarily engaged in the raising and retail sale of horticultural specialties such as flowers, shrubs, and trees, intended for ornamental or landscaping purposes.

Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.

Group residential means the use of a site for occupancy by groups of more than five persons, not defined as a family. Typical uses include residence halls, and boardinghouses or lodging houses.

Hazardous waste means any solid, liquid, semisolid, or gaseous waste, whether alone or in combination, whether used, reused or reclaimed, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, an increase in mortality, or an increase in serious irreversible, or incapacitating reversible, illness, or which may pose a substantial present or potential hazard to human health or the environment.

Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.

Home occupation means any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, which is conducted entirely within the main building, and which meets all other applicable standards and use limitations as described herein.

Hospital means an institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training and research facilities, central service facilities, pharmacies, and staff offices which are an integral part of the facilities.

Hotel ormotel means an establishment where overnight accommodations are supplied for transient guests. Typical accessory uses include dining, swimming, and meeting facilities.

Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants.

Kennel means the use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats, or both, or the keeping of more than five dogs and cats over the age of six months. The term "selling" shall not be construed to include the sale of animals three months of age or younger which is the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over three months old by persons not operating a kennel as herein described.

Landscape architect, as defined by the American Society of Landscape Architects, must be registered in the state.

Library means a publicly operated facility housing a collection of books, magazines, audiotapes and videotapes, or other material for borrowing and use by the general public.

Loft apartment means one or more dwelling units located on the upper floor of a building utilized principally for commercial or office purposes.

Lot means land occupied or intended for occupancy by a use permitted in these regulations, including one main building together with its accessory building, and the open spaces and parking spaces required herein, and having its principal frontage upon a street.

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

Lot, double frontage, means a lot that is an interior lot extending from one street to another and abutting a street on two ends.

Lot, interior, means any lot which is not a corner lot.

Lot area means the total horizontal area of a lot lying within the lot lines.

Lot line means the boundary lines of a lot.

Lot line, front, means, in the case of an interior lot, the line separating said lot from that street which is designed as the front street in the request for a building permit.

Lot line, rear, means the lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line.

Lot line, side, means any lot line other than a front or rear lot line as defined herein.

Lot of record means a lot that is a part of a subdivision, the plat of which has been recorded in the office of the county circuit clerk.

Lot width means the width of a lot measured at the front building setback line.

Manufactured housing unit means a detached single-family housing unit fabricated in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code. For purposes of these regulations, the term "manufactured housing unit," when used by itself, shall not mean the same as a "residential-design manufactured housing unit."

Manufactured housing unit, residential-design, means a manufactured housing unit which has a minimum width of 24 feet, with width measured perpendicular to the longest axis at the narrowest part, a pitched roof, and siding and roofing materials which are customarily used on site-built homes, and which complies with all of the standards specified herein.

Manufactured housing park means a tract of land in one ownership that is used or intended to be used by two or more manufactured housing units, and which has public sanitary sewer facilities, public water, electricity, and other utilities available.

Manufacturing, general, means an establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding "basic industry."

Manufacturing, limited, means an establishment primarily engaged in the on-site production of goods by hand manufacturing which generally involves only the use of hand tools or other equipment not exceeding two horsepower or a kiln not exceeding eight kilowatts, which may include assembly and packaging, as well as incidental, direct sales to consumers of those goods produced on-site.

Medical service means an establishment providing therapeutic, preventative, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other licensed practitioners, as well as the provision of medical testing and analysis services.

Medical services, hospital means facilities engaged primarily in providing in-patient diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, in-patient beds, and equipment and facilities to provide complete health care. Includes on-site accessory clinics and laboratories, abortion clinics as authorized in A.C.A. § 12-18-103 and § 20-9-302, accessory retail uses and emergency heliports, and on-site ambulance dispatch facilities.

Mining orquarrying means the extraction of metallic and nonmetallic minerals, including stone, sand, and gravel operations.

Mobile home means a transportable, factory-built housing unit, fabricated prior to June 15, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974.

Mulch means non-living organic and synthetic materials customarily used in landscaping design to retard erosion and to retain moisture.

Nonconforming structure means a structure, or portion thereof, lawfully existing at the time these regulations became effective, or as amended, which does not comply with the setback, height, or other development standards applicable in the district in which the structure is located.

Nonconforming use means any structure or land lawfully occupied by a use at the time these regulations, or any amendment thereto, became effective, which does not conform to the use or area regulations of the district within which it is located.

Nursing home means any premises where more than three persons are housed and furnished with meals and continuing nursing services.

Office, general, means an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.

Office development, multi-tenant means a freestanding building in which one or more businesses are conducted or professions practiced.

Open space, common, means the area of land that is designed to be accessible for the use and enjoyment of all owners and/or tenants. This space may contain complementary structures, recreational areas and other such improvements, but shall not include parking lots or streets.

Open space, private, means an area of land owned or occupied by a property owner or tenant and available for their private use and enjoyment.

Ornamental tree means a deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

Owner means the property owner of record, according to the office of the county circuit clerk.

Parking, commercial, means a paved area for off-street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal use.

Parking space means that portion of a vehicle accommodation area set aside for the parking of one vehicle.

Parks and recreation means a park, playground, open space, or facility, open to the general public and reserved for active or passive recreational activities.

Pedestrian way means a separate right-of-way dedicated to or reserved for public use by pedestrians, which crosses blocks or other tracts of land to facilitate pedestrian access to adjacent streets and properties.

Preserve area means a vegetative area required to be preserved by law.

Principal building means the building on a lot in which the principal use of the lot is conducted.

Principal use means the chief or main recognized use of a structure or of land.

Recreation and entertainment, indoor, means an establishment offering recreation, entertainment or games of skill to the general public for a fee or charge, and that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, pool halls and video game arcades.

Recreation and entertainment, outdoor, means an establishment offering recreation, entertainment or games of skill to the general public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, and miniature golf courses.

Recreational vehicle park means the use of a site providing individual spaces for towed or self-propelled camping vehicles on a daily fee or short-term rental basis.

Research service means an establishment engaged in conducting basic and applied research, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in non-prototype production operations.

Restaurant, fast-food, means an establishment where the principal business is the sale of food and non-alcoholic beverages in a ready-to-consume state, and where the design or principal method of operation is that of a fast-food or drive-in-style restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in an automobile.

Restaurant, general, means an establishment, other than a fast-food restaurant, where the principal business is the sale of food and beverages in a ready-to-consume state and where the design or principal method of operation consists of one or more of the following:

(1)

A sit-down restaurant where customers, normally provided with an individual menu, are generally served food and beverages in nondisposable containers by a restaurant employee at the same table or counter at which the food and beverage items are consumed; or

(2)

A cafeteria or cafeteria-type operation where food and beverages generally are served in nondisposable containers and consumed within the restaurant.

Retail/service means the sale or rental of commonly used goods and merchandise for personal or household use or the provision of services to consumers, excluding those retail and service uses classified more specifically herein. Typical uses include grocery stores, department stores, furniture stores, clothing stores and establishments providing the following products or services: household electronic equipment, sporting goods, bicycles, office supplies, home furnishings, electronics repair, shoe repair, household appliances, wallpaper, carpeting and floor covering, art supplies, kitchen utensils, jewelry, drugs, laundromats, dry cleaners, cosmetics, books, antiques, or automotive parts and accessories.

Safety services means a facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

School, elementary, middle, orhigh, means the use of a site for instructional purposes on a primary or secondary level.

Screen means a method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof.

Service station means an establishment primarily engaged in the retail sale of gasoline or other motor fuels, that may include accessory activities, such as the sale of lubricants, automotive accessories, or supplies, the lubrication or washing of motor vehicles, or the minor adjustment or minor repair of motor vehicles.

Shade tree means a deciduous tree planted primarily for its high crown of foliage or overhead canopy.

Short-term rental means any furnished residential dwelling or portion of a dwelling that is leased and/or rented out on a short-term basis of 30 days or fewer.

Shrub means a woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than ten feet in height at its maturity.

Sign means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service or a commodity or product, which are visible from any public street or right-of-way and designed to attract attention. A sign shall not include such devices located within a building except for illuminated signs within show windows. A sign includes any billboard, but does not include the flag, pennant, or insignia of any state, city, or other political unit, or any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.

Sign, bulletin, means a sign erected by a church, school, institution, or public agency on its premises for announcements.

Sign, commercial, means a sign which directs attention to a service, product, profession, business, or entertainment conducted, sold, or offered on the same lot.

Sign, nameplate, means a sign bearing the name and/or address, occupation, and phone number of persons or uses occupying the premises.

Sign, official, means a sign on public property for informing the public.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the areola; and

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

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

Sports complex means a multi-use business with the primary function being sports or sports-related activities, such as sports medicine professionals, dietary consultants, sports rehabilitation, sports equipment and/or clothing sales, sports instruction and/or competition and other activities such as refreshment sales areas.

Storage, outside, means the display, sale, and/or keeping for longer than 24 hours of any material, merchandise, vehicles or other goods outside of an enclosed building or structure.

Story means the horizontal segment of a building between the floor surface and the ceiling next above it, and wholly above grade.

Truck stop. An establishment where the principal business is the sale of fuel, food (regardless of whether fast food or sit-down restaurant), or services intended to attract truck drivers or driving teams and where the design or principal method of operation consists of one or more of the following:

(a)

Sale of diesel or gasoline fuel at an area designated expressly for semi-trucks;

(b)

Commercial truck scales;

(c)

Overnight parking for semi-tractors and/or trailers;

(d)

Truck washes; and

(e)

Showers.

Understory means an assemblage of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of trees.

Use means any functional, social, or technological activity, which is imposed or applied to land or to structures on the land.

Utility, major, means generating plants, electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the general public with electricity, gas, heat, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities; or other uses defined herein.

Utility, minor, means services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

Vehicle and equipment sales means an establishment engaged in the retail sale or rental, from the premises, of motorized vehicles, along with incidental service or maintenance. Typical uses include automobile and truck sales, automobile rental, boat sales, and motorcycle sales.

Vehicle repair, general, means an establishment primarily engaged in painting of, or bodywork to, motor vehicles or heavy equipment. Typical uses include paint and body shops.

Vehicle repair, limited, means an establishment primarily engaged in automotive repair other than paint and body shops.

Viable refers to a tree, shrub or other type of plant that in the judgment of the planning director or designee is capable of sustaining its own life processes for a reasonable period of time.

Vocational school means a use providing education or training in business, commercial trades, language, arts, or other similar activity or occupational pursuit, and not otherwise defined as a "college or university" or "primary or secondary school."

Warehouse, residential storage, ormini-warehouse means an enclosed storage facility containing independent, separate units or cubicles that are intended to be leased to persons exclusively for dead storage of their household goods or personal property. The active utilization of any storage space or cubicle within such a storage area for a retail or wholesale business operation is expressly prohibited.

Warehousing means the storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers, as well as activities involving significant movement and storage of products or equipment. Typical uses include truck terminals, major mail distribution centers, frozen food lockers, and moving and storage firms, but excluding residential storage warehouses.

Welding or machine shop means a workshop where machines, machine parts, or other metal products are fabricated. Typical uses include machine, welding, and sheet metal shops.

Xeriscape means landscape methods which conserve water through the use of drought-tolerant plant and planting techniques.

Yard means an open space on the same lot with a building, unobstructed from the ground upward, and measured as the minimum horizontal distance between the lot line and the main building.

Yard, front, means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street right-of-way line and the main building or any projections thereof other than the projections of uncovered steps, balconies, terraces, or porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear means a yard extending across the rear of the lot between the side lot lines, and measured between the rear lot line in the rear of the main building or any projection other than steps, unenclosed porches, or entranceways.

Yard, side means a yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof.

(Ord. No. 754, § 8-122, 7-6-2006; Ord. No. 1031, § 1, 4-16-2019; Ord. No. 1058, § 1, 9-15-2020; Ord. No. 1088, § 1, 11-16-2021; Ord. No. 1120, § 1, 5-16-2023)