For the purpose of this ordinance the following interpretations shall apply:

All words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number, include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory. The word "used" shall be deemed also to include "designed", intended or arranged to be "used".

For the purpose of this ordinance, certain words and terms used herein shall be defined and shall have their customary dictionary definition.

Accessory apartment: A dwelling unit created within an existing single-family home or on the same lot. It is an independent unit, but it may share an entrance, yard and parking with the principal unit.

Accessory building: In a residence or apartment district, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes and not rented and containing servants quarters, a washroom, a storage room for domestic storage only, and space for one or more automobiles; in any other district, a subordinate building, the use of which is incidental to, and used only in conjunction with, the main building.

Accessory use: 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, but are not limited to, free standing garages, storage buildings, tennis courts, swimming pools and satellite dish antennas.

Alley: A paved surface with curb and gutter utilized to access private garages, loading areas, or refuse containers behind commercial, office, multifamily or other use and generally located on private property.

Apartment: A room, or suite of rooms, in a multi-family building arranged, designed or occupied as a residence by a family.

Automobile service station: 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.

Awning: A roof-like cover extending over or before a place as a shelter from the elements.

Basement: An area below the first floor having not more than one-half of its height above grade. Basements meeting this definition that are used for storage, garages for use of occupants of a building, janitor or watchmen's quarters, or other utilities common to the rest of the building shall not be counted as a story.

Berm: An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

Boarding or rooming house: A dwelling in which meals and lodging or lodging only are furnished for compensation to more than two but not more than ten nontransient persons.

Breezeway: A covered passage one story in height connecting a main structure and an accessory building.

Buffer: The portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate residential zoning districts from other zoning districts as required in the city zoning ordinance.

Buildable area: The portion of a lot remaining after required yards have been provided.

Building: Any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind.

Building inspector: The official designated by the city council and charged with the responsibility of permit and certificate of occupancy issuance.

Building, height of: See Height.

Building, principal: A building or structure in which is conducted the principal use of the lot on which said building is situated.

Business: Includes office, retail, commercial and manufacturing uses and districts as herein defined.

Certificate of zoning compliance: A certificate of occupancy permit issued by the building inspector indicating that the use of the building or land in question is in conformity with this ordinance or that there has been a legal variance therefrom as provided by this ordinance.

Church or synagogue shall mean a building and related lands and/or a structure used for and generally open to the general public for group religious worship. Churches shall not include any building or property used solely for administrative activities related to an institution or group practicing group religious worship.

City council: The mayor and city council of the City of Morrow, Georgia.

City Street: See Street.

Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one physician or dentist or group of physicians or dentists practicing medicine.

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

Commercial solid waste container: A manufactured container designed for the storage of solid waste and suitable for emptying by mechanical equipment approved by the public works director, or his designee.

Commercial establishment: Any hotel, motel, business, industrial, public or semipublic establishment of any nature or kind whatsoever other than a residential unit.

Conditional use: A use which may be permitted within a zoning district subject to meeting specific conditions contained in this ordinance or required by the planning and zoning board and approved by the city council.

Condominium: The ownership in fee-simple title of a single unit in a multi-unit structure characterized by undivided ownership of the common elements of the structure, including the land and its appurtenances in common with all other purchasers.

Consumer fireworks: Any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. The definition of consumer fireworks shall have the same meaning as set forth in O.C.G.A. § 25-10-1 and National Fire Protection Association Code (NFPA) 1124 should that definition differ from the definition in this subsection.

Consumer fireworks retail sales facility: Shall have the same meaning as set forth in O.C.G.A. § 25-10-1 and NFPA 1124.

Consumer fireworks retail sales stand: Shall have the same meaning as set forth in O.C.G.A. § 25-10-1 and NFPA 1124.

Courtyard: An open space which may or may not have direct street access, around which is arranged a single building or a group of related buildings.

Deciduous tree: Any tree which drops its leaves at the end of a growing season.

Decorative paving: Paving that is made up of solid, precise, modular units, stamped concrete, seeded concrete, colored concrete or any combination of the above.

Deck, parking: See Garage.

Dedicated pedestrian entrance: A pedestrian entrance to a retail, office, or business location which opens on a city street and which provides access to that business location.

Development: The erection, alteration or extension of any building or part thereof, or the change or use or occupancy of any building or land for which a building permit or certificate of occupancy is required under this ordinance or the project involving such activity.

Development project: A unified development where one or more pieces of property have been assembled for the purpose of new construction. The developer is responsible for outlining the development boundaries by any development project.

District: A section of the city for which the regulations governing the area, height or use of the buildings are uniform.

Dormitory: A building or part of a building owned, leased or managed by a university containing a room or rooms forming one or more habitable units which shall be used by residents of the institution for living, sleeping, and studying.

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

Dwelling: A building or portion thereof which is designed or used exclusively for residential purposes, including single-family, two-family, multiple-family dwellings, rooming and boarding houses, but not including hotels or motels.

Dwelling unit: A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters for a family.

Dwelling, mobile home: A detached dwelling unit with the following characteristics:

A.

Designed for long-term occupancy as opposed to transient locations, containing sleeping accommodations, toilet facilities, with plumbing and electrical connections provided.

B.

A structure built in a factory, transported to its site on a chassis which is a distinct part of the floor system and built to arrive at the site where it is to be occupied as a dwelling unit complete, with the exception of a double-wide mobile home which is in one or more sections, including major appliances, and ready for occupancy except for necessary unpacking and assembly operations, or integration into a prepared structure.

C.

All units built since June 15, 1976, shall have documentation of compliance with the National Mobile Home Construction and Safety Standard Act (department of housing and urban development certification).

D.

All units built prior to June 15, 1976, shall have documentation of compliance with specifications prescribed by the American National Standards Institute.

Dwelling, multiple-family: A building or portion thereof designed for three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family: A detached residential unit other than a mobile home, hotel or motel, designed for and occupied by one family only.

Dwelling, single-family attached: A structure subdivided by a coincidental property line and wall which separates the structure into a maximum of two dwelling units, each occupying its own lot. The two lots created by the coincidental property line and wall shall each contain at least: (a) 50 percent of the minimum lot area in the zoning district in which they are located; and (b) 50 percent of the minimum lot width in the zoning district in which they are located; and (c) 50 percent of the minimum gross floor area in the zoning district in which they are located.

An attached single-family structure must meet all front, rear and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each unit must be separately metered for all utilities and the coincidental property wall must be fire-rated and extend from the foundation to the roof decking of the structure. Otherwise, an attached single-family structure must meet all standards that would be required for two-family dwellings in the zoning districts in which they are located.

Dwelling, two-family: A detached residential building containing two dwelling units, designed for occupancy by not more than two families living independent of each other.

Evergreen: Any tree which retains its foliage throughout the year.

Extended stay hotels and extended stay motels: Any hotel or motel containing four or more guest rooms intended or designed to be used, or which are used, rented or hired out to be temporarily occupied or which are temporarily occupied by tourists and travelers for sleeping purposes for more than ten days within every 30-day period and which contain fixed cooking appliances.

Family: A single family may consist of not more than one of the following:

1.

One or more persons related by blood, marriage, adoption or guardianship living together and occupying a dwelling as a single housekeeping unit or household; or

2.

A group of not more than three nonrelated persons occupying a single dwelling unit and using common cooking facilities (excluding legally recognized state foster homes).

3.

The term family does not include any organization or institutional group, nor does it include persons who rent, lease or barter for compensation a room or rooms, basement or portion of a single-family dwelling unit.

Fee simple townhouse: See Townhouse, fee simple.

Fixed cooking appliances: A stove top burner; a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee; a conventional oven; a convection oven; or any oven producing heat using resistance heating elements, induction heating, or infrared heating sources. Fixed cooking appliances do not include microwaves or outdoor grills.

Floor area: The floor area is the gross horizontal area of the several floors of a structure, exclusive of carport, basement, attic and open porches.

Frontage (lot): The distance for which the front boundary line of the lot and the street line are coincident.

Frontage (street): All of the property on one side of a street located between the street intersections.

Garage (private): A building or portion thereof, including decked structures, designed for the storage of motor-driven or non-motorized vehicles and reserved exclusively for the use of the residents served thereby and their invited guests.

Garage (public): A building or portion thereof, including decked structures, designed for the storage of motor-driven or non-motorized vehicles and open to parking by the general public; such facilities may include servicing, but not repair, of stored or parked vehicles.

Garage (repair): A building or portion thereof, designed and used for the mechanical repair of motorized or non-motorized vehicles as a commercial enterprise and where no vehicles are stored outdoors on the premises exceeding the limits of the zoning district in which located and from which no auto body or collision repairs are made.

Greenspace: Permanently protected land and water, including agricultural and forestry land, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals:

(A)

Water quality protection for rivers, streams, and lakes;

(B)

Flood protection;

(C)

Wetlands protection;

(D)

Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks;

(E)

Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;

(F)

Scenic protection;

(G)

Protection of archaeological and historic resources;

(H)

Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and

(I)

Connection of existing or planned areas contributing to the goals set out in this definition.

Ground coverage: The area of a lot covered by buildings, roofed areas or parking structures, determined by dividing that area of the lot occupied or covered by the total horizontal projected surface of all buildings and parking structures by the usable area of the lot.

Group home: A facility to provide temporary care for persons undergoing physical or emotional trauma, or for those persons residing apart from their immediate family and engaged in counseling or rehabilitation as a function of the facility. The number of clients occupying the group home at any one time shall not exceed six.

Group religious worship shall mean the practice of praying to, giving thanks to, or otherwise worshipping or studying about a god or gods or other such higher entity or entities, which practice may include instructional, recreational, utility and maintenance activities.

Hardscape: Brick, stones or other warm toned, natural materials approved by the city council to be used as paving materials for sidewalks and other walkways.

Height: The height of a building, or portion of a building, shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher, or, if no street grade had been established, to the deck line of mansard roofs; and the mean height level between eaves and ridge for hip and gable roof. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, ornamental cupolas, domes or spires and parapet walls not exceeding four feet in height.

Hobby shop: An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreation activities, none of which shall disturb the neighbors on either side or in the rear thereof, and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale or advertised for sale, nor may any sign be used in connection therewith.

Home occupation: Any occupation or activity conducted by a member of the family residing on the premises, in connection with which there is:

(1)

No group instruction, assembly or activity and no signage is used to indicate from the exterior that the building is being utilized in any part for any purpose other than that of a dwelling;

(2)

There is no commodity sold upon the premises;

(3)

No person is employed other than a member of the immediate family residing on the premises;

(4)

No mechanical equipment is used except that which is normally used for purely domestic purposes; and

(5)

The same activity complies with all regulatory provisions contained in Title 9, Chapter 5 of the City of Morrow Code of Ordinances.

Hotel: A building, structure or place containing ten or more guestrooms wherein tourists and travelers are temporarily provided lodging in exchange for financial compensation and in which ingress and egress to each guestroom is made through the interior of the building.

Inn: A building in which 15 or fewer individual sleeping rooms or suites are offered for compensation to the public for temporary lodging and which includes a kitchen and dining room in which food is cooked on the premises for guests at least one meal per day.

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

Interior retail: A retail business whose primary retail sales operation is not accessed through a dedicated pedestrian entrance.

Junk or salvage yard: A place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, used cars or trucks in inoperable condition, or used vehicle parts, are bought, sold, exchanged, stored, bailed or cleaned.

Landscaping: Any additions to the natural features of a plot of ground to restore construction disturbances and to make it more attractive, as by adding lawns, trees and shrubs, etc., to the natural environment.

Launderette: A self-service laundry.

Laundromat: A self-service laundry.

Laundry: A commercial laundering establishment.

Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used.

Loft apartment: An apartment having a combination living and bedroom. (No separate bedroom.)

Lot: A parcel of land occupied or intended for occupancy by a building or use, and any accessory building and use incidental to it, and including open space not less in extent than that required by this ordinance and having its principal frontage upon a public street.

Lot coverage: See Ground coverage.

Lot frontage: That portion of a lot adjacent to a street.

Lot line: A boundary of a lot. Lot line is synonymous with property line.

Lot of record: An individual lot or a lot which is part of a subdivision, the map of which has been recorded in the office of Clerk of Superior Court of Clayton County, Georgia, following all required approvals; or a parcel of land the deed of which has been recorded in the office Clerk of Superior Court of Clayton County, which deed was filed prior to adoption of a subdivision ordinance by the City of Morrow.

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

Lot, corner: A lot situated at the intersection of two streets, or bounded on two or more adjacent sides by street right-of-way lines.

Lot, double frontage: A lot having frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot, interior: A lot other than a corner lot or a double-frontage lot.

Mayor and city council: The mayor and city council of the City of Morrow, Georgia.

Medical office: An office for the examination and treatment of outpatients, including dental examinations and treatments.

Mini-warehouse: A building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use or other uses except for removal and/or deposit of goods.

Mixed use: A building containing more than one authorized use.

Mixed use residential and commercial purposes: Property used for both residential and commercial purposes.

Mixed use including retail: Any development which includes as a principal use on the same parcel both residential uses and retail uses.

Mobile home park: A tract of land that is used, designated, maintained, or held out for rent having a minimum acreage of 30 acres. Mobile homes located in a mobile home park are used only to provide living and sleeping accommodations; a mobile home park does not include an automobile or mobile home sales lot on which unoccupied mobile homes are parked for inspection or sale.

Motel: A building, structure or place containing ten or more guestrooms wherein tourists and travelers are temporarily provided lodging in exchange for financial compensation and in which ingress and egress to each guestroom is on the outside of the building.

Multi-family: Any building, or portion thereof, which is designed, built, rented, leased or owned by three or more families living independently of each other and maintaining separate cooking facilities.

Multi-level retail: A retail business whose primary retail sales operation is on the same level as a city street and which is directly accessed by a dedicated pedestrian entrance from that street which gives customers immediate access to retail shopping but which may contain one or more than one levels.

Natural state: A property that has natural vegetation and trees that has not been graded or developed in ten years (access roads, paths, utility easements, or trails shall not be considered as grading or development).

NFPA 1124: Shall have the same meaning as set forth in O.C.G.A. § 25-10-1.

Non-conforming use or structure: Any building, structure or use of land lawful at the time of construction or institution of the use or structure, but which does not conform after passage or amendment of this ordinance with the regulations of the district in which it is located.

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

Off-street parking: See Parking, off-street.

Office: Any building, or portion thereof, wherein the primary use is the conduct of business, professional services, administration, research or uses by sales/manufacturer's representatives. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods or products; or the sale and/or delivery of any materials, goods or products which are physically located on the property.

Open space: Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common ownership and use by the residents of the development and may include complementary structures and improvements as are necessary and appropriate for recreation or other complementary activities. Streets, buffers and parking areas do not count toward required open space.

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

Outside sales/commercial promotions: Any outdoor sales or commercial promotion which shall last for no longer than ten days.

Parking space: An area meeting the standards of Article XII of this ordinance, not on a public street or alley, surfaced with an all-weather surfaced drive-way connecting the parking space with a street or alley permitting free ingress and egress. Head-in parking adjacent to public thoroughfare wherein the maneuvering is done on a public street, shall not be classified as off-street parking in computing the parking requirements for any use.

Parking space, off-street: An off-street parking space meeting the standards of Article XII of this ordinance, 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 which are contained in this ordinance. Head-in parking adjacent to public thoroughfare wherein the maneuvering is done on a public street, shall not be classified as off-street parking in computing the parking requirements for any use.

Pavement: Having a concrete or asphalt surface consistent with adjacent development. Areas of pavement may include decorative paving.

Pawn shop: A retail operation which provides for the lending of money with personal items held as collateral, or the purchasing, or the repurchasing of gold, silver, jewelry, watches and gems in addition to other merchandise.

Permitted uses: That use of a lot which is among the uses allowed as a matter of right under the zoning district classifications.

Place of assembly shall mean a structure, portion of a structure, or area (either indoor or outdoor), designed primarily for people to gather to observe or participate in a single event or series of events which are not related to group religious worship. A group home is not considered a place of assembly.

Place of worship. See Church.

Planning and zoning board: The planning and zoning board of Morrow, Georgia.

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

Residential purposes: Improvements to property undertaken to provide single-family, two-family or multi-family dwelling units for rent or sale. Such purposes include new construction, conversion and rehabilitation of pre-existing built-out space for residential units.

Restaurant: A place of business whose primary source of revenue is derived from the sale of prepared food to the general public for consumption on, or off, the premises. The term shall not include a bakery, pastry shop, meat market or ice cream parlor if on-premises consumption of food is not allowed.

Retail business: A business which sells tangible personal property taxable as defined under Georgia Retail Tax and Sales Use Statute (O.CG.A. § 48-8-2(6)) but for the purpose of this article including: eating and drinking establishments, grocery stores, catering establishments, delicatessens and bakeries with products sold at retail on the premises. A retail business may be a part of a development identified as "mixed use including retail."

Right-of-way: Access over or across a particularly described property for a specific purpose.

Rowhouse: A one-family dwelling, both sides of which typically rest directly on the side lot lines.

Screen: 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.

Shade tree: Sometimes evergreen, usually deciduous tree planted for its high crown of foliage or overhead canopy; a large woody perennial having one or more self-supporting stems and numerous branches reaching a mature height of at least 25 feet and a mature spread of at least 20 feet.

Shell: A framework or exterior structure.

Shopping center: A group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, analyzed as a unit, related in location, size and type of shops to the trade area that unit serves, and providing on-site parking in definite relationship to the types and sizes of stores.

Shopping centers are classified by type, each distinctive in its own function:

•

Neighborhood shopping center provides for the sale of convenience goods (foods, drugs, sundries, etc.) and personal services (laundry pick-up stations, barbering, shoe repair, etc.) for the day to day living needs of the immediate neighborhood.

•

Community shopping center in addition to the convenience goods and personal services of the neighborhood center, provides a wider range for the sale of soft lines (apparel, etc.), hard lines (hardware and appliances), and includes eating facilities, making more depth of merchandise and services available.

•

Regional shopping center provides for general merchandise, apparel, furniture and home furnishings in full depth and variety. It is built with one or more full line department stores as the focal point.

Shrub: A woody plant or brush of relatively low height (two to six feet), distinguished from a tree by having several stems rather than a single trunk.

Sign: See city sign code for definitions related to signage.

Specimen tree or stand: Any tree or grouping of trees which has been determined to be of high value because of its species, size, age or location.

Stable, private: A building or facility used for the housing of horses, mules or other draught animals with a capacity of not more than two such animals.

Stable, public: A building or facility used for the housing of horses, mules or other draught animals other than a private stable and with a capacity of more than two horses, mules or other draught animals.

Storage: All buildings and structures used primarily for the keeping or sheltering of goods, merchandise, and products.

Story: That portion of a building included 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 height regulations.

Street: 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:

A.

Arterial: 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.

B.

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

C.

Minor collector: Principal entrance streets to subdivisions and the main streets for circulation within a subdivision which serve a network of four or more local streets. Minor collector streets are designed 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.

D.

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

E.

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

F.

Marginal access: A street which is parallel to, and adjacent to an arterial street or highway and which provides access to abutting properties and protection through traffic.

Street level retail business: A retail business whose primary retail sales operation is on the same level as a city street and which is directly accessed by a dedicated pedestrian entrance from that street which gives customers immediate access to retail shopping.

Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, gasoline pumps, mobile homes, walls, fences, signs, swimming pools and satellite dish antennas.

Tenancy: The temporary possession or occupancy of something that belongs to another.

Thoroughfare: A street conforming to the standards shown in the thoroughfare plan of the city.

Townhouse: A type of dwelling that is more than one story in height which has outside, individual front and rear entrances, is separated from other dwellings by fire-rated common party walls extending from the foundation to the roof decking, and is part of a contiguous group of at least three townhouses and shall be considered a multifamily structure.

Townhouse, fee simple: A townhouse unit, as defined above, owned as a unit in fee simple title, that has the common wall or walls between it and the adjoining townhouse unit or units as its property line or lines between that unit or those units, that has individual meters for all utilities, and that has access to a public street, and meets the standards described herein.

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

Trailer (travel): A non-motorized vehicle, pulled by an automobile or truck designed and/or maintained for use off the premises for travel or recreation purposes exclusively.

Trailer park: A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes or temporary parking of any other recreational vehicle that is not a mobile home.

Understory tree: Any tree or woody plant which is of lesser height and spread than the surrounding evergreens or deciduous trees but which still provides shade and a degree of protection to the earth and vegetation beneath it.

University: An educational institution recognized by an accredited regional accreditation body and authorized to award degrees at the post-secondary level.

Use: 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.

Variance: A variance is a relaxation of the terms of this ordinance 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 ordinance would result in unnecessary and undue hardship.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard (front): A yard extending across the front of a lot between the side yards lines and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Yard (rear): A yard extending across the rear of a lot between the side lots and being the minimum horizontal distance between the rear of the main building and any projections of uncovered steps, uncovered balconies or unenclosed porches. On all corner lots the rear yard shall be at the opposite end of the lot from the front yard.

Yard (side): 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 buildings or any projections thereto.

Zoning enforcement officer: The individual designated by the city council whose duty it shall be to enforce the provisions of this ordinance.

(Ord. No. 94-07, § 1(B), 6-21-94; Ord. No. 97-10, § 1, 12-10-97; Ord. No. 98-19, § 1, 12-22-98; Ord. No. 98-20, § 1(A), (B), 12-22-98; Ord. No. 2003-01, § 1(A), (B), 1-28-03; Ord. No. 2003-07, § 1, 7-22-03; Ord. No. 2003-11, §§ 1(A), (B), 9-23-03; Ord. No. 2004-12, 6-8-04; Ord. No. 2004-13, 6-8-04; Ord. No. 2004-14, 6-8-04; Ord. No. 2009-06, § 4, 5-26-09; Ord. No. 2015-11, § 3, 10-27-15; Ord. No. 2017-03, §§ 1, 2, 3, 2-28-17; Ord. No. 2017-04, § 2, 4-11-17)