For the purpose of this Ordinance, certain generic uses and general terms are hereby defined in this Article.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The following rules shall be applied in the interpretation of the language in this Ordinance:

A.

Definitions. Whenever a defined word or term appears in the text of this Ordinance, its meaning is construed as set forth in the definition. Any word appearing in parenthesis, between a word and its definition herein, is construed in the same sense as that word.

B.

Gender. Words' denoting one gender applies to the others as well.

C.

Mandatory, Prohibitory and Permissive Terms.

1.

Mandatory Terms. "Must" and "shall" are each mandatory terms used to express a requirement or to impose a duty.

2.

Prohibitory Terms. "Must not," "may not" and "shall not" are each mandatory negative terms used to establish a prohibition.

3.

Permissive Terms. "May" and "should" are permissive.

D.

Number. The singular includes the plural and vice versa.

E.

"Used" or "Occupied". Whenever the word "used" or "occupied" is used, it is to be construed as though followed by the phrase "or arranged, intended, or designed to be used/occupied."

F.

Tense. The present tense includes the past and future tenses, and the future tense includes the present.

G.

Undefined Terms. Any words not defined as follows shall be construed in their generally accepted meaning as defined in the most recent publication of Webster's New World Dictionary, College Edition.

H.

Regulations. If a definition contains a regulation and the use is inconsistent with that regulation, the use is prohibited.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Certain uses in this Ordinance are defined to be inclusive of many specific uses in order to eliminate overly detailed lists of uses in the zoning districts established by this Article. These terms are referred to in this Article as generic uses.

B.

A use that is not specifically listed in a zoning district or does not fall within a generic use definition as defined in this Article is prohibited. However, a use not identified within any zoning district may be determined by the Planning Director to be a permitted or special use within a specific district, based on his/her evaluation as to whether the proposed use is similar enough in character, intensity, and operations to that of a permitted or special use in the district.

C.

If a use is listed within any of the use tables or if the definition specifically excludes such use, then the generic use cannot be interpreted as allowing that use.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Generic Use. Certain terms in this Article are defined to be inclusive of many uses in order to eliminate overly detailed lists of uses in the zoning districts established by this Ordinance. A use that is not specifically listed in a zoning district or does not fall within a generic use definition as defined in this Article, or as interpreted pursuant to Article 90-18-02 (Interpretation), is prohibited.

General Use. When used in this Ordinance, the following terms shall have the following meanings ascribed to them, except when the context clearly requires otherwise.

ABUTTING

Bordering upon; having a contiguous boundary. Land parcels separated by a public right-of-way may be construed as abutting.

ACCESSORY BUILDING

A building customarily incidental to the main building and located on the same lot with the main building.

ACCESSORY USE

A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same lot.

ADJACENT/ADJOINING

Nearby, may or may not be abutting.

ADULT USE

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

1.

Adult Arcade. A business enterprise to which the public is permitted or invited and where coin or currency, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

2.

Adult Bookstore, Adult Novelty Store or Adult Video Store. A business enterprise which has as a substantial portion of its stock-in-trade or a substantial portion of its revenues or devotes a substantial portion of its interior commercial space or advertising to the sale, rental or viewing for any form of consideration, of any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, computer software or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." As used in this article, "substantial portion" means more than ten percent and "interior space" means that portion of the premises open to the public excluding restrooms and common areas.

a.

A business enterprise may have other principal business purposes or operations that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes or operations will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the materials specified above.

3.

Adult Cabaret. A nightclub, bar, tavern, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic or non-intoxicating beverages are sold, dispensed or served with or without charge, which features: 1) servers or entertainers who appear semi-nude; 2) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or 3) films, motion pictures, video cassettes, computer software, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

4.

Adult Dance Studio. Any enterprise which provides for members of the public a partner for dance where the partner is "nude" or "semi-nude" or where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, or describing or relating to "specified sexual activities" or "specified anatomical areas."

5.

Adult Entertainment Enterprise. Any enterprise, other than one defined in this subsection, which has one of its principal business purposes the offering of forms of entertainment on its premises involving the depiction or description of "specified sexual activities" or "specified anatomical areas."

6.

Adult Hotel or Adult Motel. A hotel or motel or similar commercial establishment which: 1) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit televisions, transmissions, films, motion pictures, video cassettes, computer software, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television, or, 2) offers a sleeping room for rent for a period of time less than ten hours; or 3) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

7.

Adult Motion Picture or Mini-motion Picture Theater. A commercial establishment where films, motion pictures, video cassettes, computer software, slides or similar photographic reproductions characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are shown for any form of consideration. Commercial motion picture theatres displaying moving pictures with a Motion Picture Association of America rating of 'R' or below are specifically excluded herein.

8.

Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear semi-nude or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

9.

Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish "escorts" as one of its primary purposes for a fee, tip, or other consideration.

10.

Figure Modeling Studio. Any establishment or business which provides for members of the public, the services of a live human model for the purpose of reproducing the human body, is in a state of nudity or semi-nude, by means of photograph, painting, computer software, sketching, drawing, or other pictorial form.

11.

Massage Parlor. any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body is performed. Unless the massage parlor meets one of the following exceptions the massage parlor shall be considered an "adult business" and shall meet all the requirements of this article. The definition of massage parlor shall not include the practice of massage in any licensed hospital, nor by a physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program performed in conjunction with such program, nor by an Oklahoma state-licensed physical therapist, nor any massage therapist who is a member of a national or international massage therapist association and where such therapist at all times maintains a membership level which requires liability insurance at said membership level for that association, nor barbers and cosmetologists duly licensed under the laws of this state in the course of practice of their usual and ordinary licensed vocation and profession. Certification and/or licensure as a massage therapist, cosmetologist or barber shall be conspicuously posted in the public area of the establishment or place of business.

12.

Sexual Encounter Establishment or Center. A business or commercial establishment that has as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is semi-nude or in a state of nudity. The definition of adult business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Oklahoma engages in medically approved and recognized sexual therapy.

13.

Semi-nude Model Studio. Any place where a person, who appears semi-nude or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.

14.

Specified Anatomical Areas. Includes any of the following: human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or, human male genitals in a discernibly turgid state, even if completely and opaquely covered.

15.

Specified Sexual Activities. Includes any of the following: the fondling or other intentional touching of human genitals, public region, buttocks, anus, or female breasts; or, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or, masturbation, actual or simulated; or human genitals in a state of sexual stimulation, arousal, or tumescence; or excretory functions as part of or in connection with any of the activities above.

AGRIBUSINESS

Secondary agricultural processing other than grains, farm supply and machinery sales, storage and services, fuel production as agricultural by-product, bulk produce storage facilities other than grain, livestock slaughtering.

AGRICULTURE

The practice of cultivating the ground, including harvesting of crops and rearing and management of livestock for production of plant crops and livestock for food, fiber and fuel.

AIRPORT

The following words, terms and phrases, when used in Article 20 herein, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

1.

Airport. Land and facilities for the takeoff and landing of aircraft, including runways, aircraft storage buildings, helicopter pads, air traffic control facilities, informational facilities and devices, terminal buildings, and airport auxiliary facilities, including fences, lighting and antenna systems, driveways, and access roads. This term includes aircraft maintenance facilities, aviation instruction facilities, and heliports.

2.

Airport Director. The Public Works Director of the City of Muskogee, Oklahoma or his designee.

3.

Airport Elevation. The highest point of an airport's usable landing area measured in feet from sea level.

4.

Airport Zoning Act. 3 O.S. §§ 101—116 and as hereafter amended.

5.

Airport Zoning Board of Adjustment. The board shall consist of the same members as the Airport Board. The board shall have jurisdiction to enforce the Airport Hazard Zoning Regulations adopted by the City of Muskogee.

6.

Approach Surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 90-20-03. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

7.

Approach, Transitional, Horizontal and Conical Zones. These zones are set forth in section 90-20-02.

8.

Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

9.

Hazard to Air Navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

10.

Height. For the purpose of determining the height limits in all zones set forth in Article 20 and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

11.

Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

12.

Larger Than Utility Runway. Runways that are constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft. These include runways 4/22 and 13/31 at the airport.

13.

Nonconforming Use. Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of Article 20 or an amendment thereto.

14.

Nonprecision Instrument Runway. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

15.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 90-20-03.

16.

Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, and includes a trustee, a receiver, an assignee, or a similar representative of any of them.

17.

Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

18.

Primary Surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway, for military runways or when the runway has no specially prepared hard surface, or planned hard surface the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section 90-20-02. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

19.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

20.

Structure. An object, including a mobile object, constructed or installed by man, including, without limitation, building, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

21.

Transitional Surfaces. Those surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

22.

Tree. Any object of natural growth.

23.

Utility Runway. A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less. The utility runway is runway 18/36 at the airport.

24.

Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures.

ALLEY

A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

AMUSEMENT ESTABLISHMENT

A use providing recreational/social activity that may or may not be open to the general public. There are two types of "Amusement Establishments:"

1.

Indoor: Bowling alleys, pool halls, dance halls, pinball, electronic and video games, and other similar amusement facilities.

2.

Outdoor: Including archery ranges (indoor or outdoor), shooting ranges or galleries.

ANIMAL CLINIC

See "Animal Hospital."

ANIMAL HOSPITAL/VETERINARY CLINIC

A place where animals are given medical care and the boarding of animals limited to short-term care incidental to receiving medical care.

ANTENNA

See "Tower, Antenna."

APARTMENT

A room or suite of rooms designed and arranged for use as a residence by a single-family.

ARCADE

A continuous covered area which opens onto a street or to a plaza. It is unobstructed to a height of not less than 12 feet, and is accessible to the public at all times.

AREA

Depending upon context, either a general space devoted to an identified use (i.e., parking area) or the two-dimensional measurement of a horizontal space on a floor or on the ground.

ASSISTED LIVING FACILITY

A facility that provides daily assistance and long-term residence for disabled or elderly individuals. This includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. An "Assisted Living Facility" shall not include "Independent Living Facility," "Community Residence" or "Nursing Home."

AUCTION HOUSE

A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.

AUTOMOBILE SERVICES

See "Gas or Service Station."

BAR

See "Tavern/Bar."

BASEMENT

A portion of a building between the floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling.

BED AND BREAKFAST FACILITY

A dwelling or area containing one or more structures located within a Historic District and occupied by the property owner, where, for compensation, lodging and meals are provided for up to a maximum of eight guest rooms, and the owner thereof intends that the same guest occupy the bed and breakfast facility for less than 30 days.

BLOCK

An area enclosed by dedicated streets and occupied by or intended for buildings; or, if the word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two dedicated streets which intersect the street on the side.

BOARDINGHOUSE

A dwelling other than a hotel where, for compensation or by prearrangement for a definite period, meals are provided for three or more persons, but not exceeding forty (40).

BREEZEWAY

A covered passageway one story in height connecting a main structure and an accessory building.

BUILDING

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

1.

Area. The building area shall include all overhanging roofs.

2.

Building. A structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls, without openings, each portion of such structure so separated shall be deemed a separate structure.

3.

Building Official. Any person duly appointed to that office by the City.

4.

Height. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof or the highest gable of a pitch or hip roof.

5.

Line. A line parallel or approximately parallel to the street line and beyond which buildings may not be erected or extended.

6.

Main. A building in which is conducted that principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building.

7.

Site. A single parcel of land which is owned, occupied or intended to be occupied by a building or structure.

BUILDING MATERIALS

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

1.

Aluminum, steel or other metal sidings - means material used to surface the outside of a building which is made of aluminum, steel or metal that is installed by lapping one horizontal or vertical piece over the other.

2.

Architectural precast concrete - means a construction product produced by casting concrete in a reusable mold or "form" which is then cured in a controlled environment, transported to the construction site and lifted into place.

3.

Clay Brick - means a solid masonry unit made of clay, usually formed into a rectangular unit while in the plastic state and treated in a kiln at an elevated temperature to harden it.

4.

Concrete block (plain) - means a masonry building unit of concrete that has been cast into a standard shape, size, and style.

5.

Corrugated metal - means a thin structural sheet made of iron or steel, formed with alternating ridges and troughs.

6.

Exposed aggregate (rough finish) concrete wall panel - means a precast concrete wall panel that is tilted into a vertical position after cured, with the cobblestone gravel exposed on the finish surface.

7.

Exterior insulation and finish system (EIFS) - means a non-load bearing, exterior wall cladding system that consists of an insulation board attached either adhesively or mechanically, or both, to the substrate; an integrally reinforced base coat; and a textured protective finish coat, creating normally a flat surface.

8.

Glass curtain walls - means a non-load bearing glass wall extending more than one story and attached to a framed structure.

9.

Metal wall panels - means wall panels used to surface the outside of a building which is made of metal that is installed by lapping one vertical piece over the other.

10.

Natural or cast stone - means a refined architectural concrete building unit manufactured to simulate natural cut stone, used in unit masonr y applications, and is a replacement for natural cut limestone, brownstone, sandstone, bluestone, granite, slate, keystone, travertine and other natural building stones.

11.

Plastic - means material made from a wide range of organic polymers that can be molded into shape while soft and then set into a rigid or slightly elastic form.

12.

Standing seam metal - means a seam in sheet metal made by turning up two adjacent edges and folding the upstanding parts over on themselves.

13.

Stucco - means an exterior product made mostl y from Portland cement, sand and lime; typically applied with two (2) base coats totaling a minimum of ⅜ to ½-inch thick and a final coat with a color finish that can be either cement or acrylic based, and with a total thickness of the final product being, as a rule, a flat surface with a minimum of ½-inch when covering masonry and ⅝-inch on all other material.

14.

Utility-sized brick - means a masonry unit that is larger than a standard or modular sized brick, with approximate dimensions of 4 by 4 by 12 inches.

15.

Vinyl - means a product that is engineered and manufactured primarily from polyvinyl chloride (PVC) resin, used to cover, decoration and weatherproofing exterior walls.

16.

Wood - means timber that is sawed, cut or split into various lengths to produce planks, boards, or beams.

BULK

The term used to describe the size and mutual relationships of buildings and other structures as to size, height, coverage and shape, location of exterior walls in relation to lot lines, the center line of streets, other walls of the same building, and to other buildings or structures, and to all open spaces relating to the building or structure.

BUSINESS

Includes neighborhood retail business, commercial and manufacturing uses, districts and establishments as herein defined, related to the exchange of goods or services for value, regardless of whether for profit.

CAR WASH

A commercial establishment engaged in the washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment, whether automatic or by hand, within an enclosed building.

CARPORT

A rectilinear structure with a roof but not enclosed on all four sides that is intended to provide cover for up to two automobiles.

CELLAR

A story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

CEMETERY

Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, and necessary sales and maintenance facilities. Mortuaries may be included when operated within the boundary of such cemetery.

CHILD CARE CENTER

See "Day Care Center."

CLEANING, PRESSING OR LAUNDRY

An establishment providing self-service card or coin-operated washing, drying, dry cleaning or ironing machines, using nonflammable solutions, for hire to be used by customers on the premises.

CLINIC

See "Medical Facilities."

COLLEGE

See "University/College."

COMMISSION

The City of Muskogee Planning and Zoning Commission.

COMMUNITY RESIDENCE

A group residence consisting of a group home or specialized residential care home licensed, certified or accredited by the appropriate state or federal agencies, and serving as a single housekeeping unit for the housing of six (6) or more unrelated persons with functional disabilities who share responsibilities, meals, recreation, social activities and other aspects of residential living. "Community Residence" does not include a residence which services persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse, nor does it include a nursing or medical facility.

1.

Community Residence - Small: A community residence providing living accommodations for no more than eight (8) residents, including live-in staff. Visiting staff who do not reside within the community residence shall not be counted for purposes of establishing the number of residents.

2.

Community Residence - Large: A community residence providing living accommodations for more than eight (8) residents, including live-in staff. Visiting staff who do not reside within the community residence shall not be counted for purposes of establishing the number of residents.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)

An animal feeding operation that confines animals for more than forty-five (45) days during a growing season, in a small or confined area that does not produce vegetation.

CONVALESCENT, REST OR NURSING HOME

See "Assisted Living Center."

CORNER VISUAL CLEARANCE

At all intersections, at a point of twenty (20) feet in any direction from the point of intersection of the street right-of-way.

COUNTRY CLUB

A club organized and operated primarily for social and outdoor recreation purposes with recreation facilities for members, their families and invited guests.

COURT

An open, unoccupied space, bounded on more than two sides by the walls of the building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or permanently open space.

COVERAGE

The percentage of the lot area covered by the building. The building area shall include all overhanging roofs.

CULTURAL FACILITY

A use that provides cultural services and facilities including, but not limited to, museums, cultural centers, historical societies, art galleries, and libraries.

DAY CARE HOME

A residential dwelling in which a permanent occupant of the dwelling provides care for up to seven (7) children from outside households. The number counted includes the family's natural or adopted children and all other persons under the age of twelve (12). "Day Care Home" does not include facilities that receive only children from a single household.

DAY CARE CENTER

A facility, other than within a residential dwelling, providing care for more than eight (8) children in a protective setting for less than twenty-four (24) hours per day, including pre-schools and nursery schools. A "Day Care Center" does not include a program or classes operated by an "Educational Facility" (all types) or "Place of Worship," that provides care for children for less than twenty-four (24) hours per day (in such cases, the day care services shall be considered part of the "Educational Facility" (all types) or "Place of Worship").

DECK

A deck is a roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure.

DEPTH OF LOT

See "Lot."

DEPTH OF REAR YARD

See "Yard."

DETENTION/CORRECTIONAL FACILITY

A facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, prerelease center, correctional community treatment center, jail and prison. Such facilities shall not be a permitted use or a use permitted upon review in the R-4 Multi-Family Residential District.

DISTRICT

A section of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

DRIVE-IN RESTAURANT OR REFRESHMENT STAND

A place or premises used for sale, dispensing or serving of food, refreshments or beverages in automobiles including those establishments which customers may serve themselves from outside or porch enclosed service windows and may eat or drink the food, refreshments or beverages on the premises either in automobiles or at tables primarily located outside.

DRIVE-THROUGH FACILITY

Establishments offering goods and services directly to customers waiting in parked motor vehicles such as but not limited to banks, financial institutions, restaurants, drug stores, dry cleaners, and pharmacies.

DRIVING RANGE

An area equipped with distance markers, clubs, balls and tees for practicing the striking of golf balls, which may include a snack-bar and pro-shop. Miniature golf courses are considered "Outdoor Recreation" and not a "Driving Range."

DUPLEX

See "Dwelling, Two-Family."

DWELLING

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

1.

Attached. A dwelling designed as a single structure, containing separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one (1) family or household. Each dwelling is separated from the other by a wall extending from the ground to the roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

2.

Detached. A dwelling which is entirely surrounded by open space on the same lot.

3.

Dwelling. A building or portion thereof, on a single zoning lot, intended or used for residential purposes, not including transient housing.

4.

Dwelling Unit. A building or portion of a building designed and used for residential purposes by a single household including cooking and toilet facilities for use by the household. The term includes manufactured and mobile homes, but does not include re-creational vehicles.

5.

Mobile and Manufactured. A factory-built, detached, transportable residential building containing one dwelling unit designed to meet the following standards:

a.

Mobile - a single-wide unit built to the National Manufactured Housing Construction and Safety Standards Act of 1974.

b.

Manufactured - a double-wide unit built in accordance with the Federal Manufactured Home Construction and Safety Standards of 1995.

6.

Multiple-Family. A residential building containing three (3) or more attached dwelling units, each of which is designed to be occupied as a separate permanent residence for one (1) household, varying arrangements of party walls and entrances can exist and each dwelling unit has an individual entrance to a common hallway or the outdoors.

7.

Senior Independent. A residential complex containing multi-family dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area, but exclude "Assisted Living Facility", "Community Residence", and "Transitional Living Center" as elsewhere defined.

8.

Single-Family. A residential building containing one dwelling unit designed to be occupied by one (1) household.

9.

Townhouse, Row House & Condominium. A residential building containing three (3) or more individual dwelling units arranged side-by-side with each individual dwelling unit having its own entrance directly to the outdoors. A "townhouse dwelling" may include a common interior stairwell shared by two (2) units but each dwelling unit shall have an individual entrance.

10.

Two-Family (Duplex). A residential building designed as a single structure, containing two (2) separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one (1) household. A "Two-Family Dwelling" may include a common interior stairwell to both dwelling units but each dwelling unit shall have an individual entrance.

ELDERLY/RETIREMENT HOUSING

See "Dwelling, Senior Independent."

EMERGENCY AND PROTECTIVE SHELTER

See "Transitional Living Center."

FAMILY

One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that no family shall contain over six (6) persons unless all members are related by blood, marriage or adoption. Domestic servants may be housed on the premises without being designated as a family. Individuals not related by blood, marriage or adoption occupying a single dwelling unit for on-site institutional education, training, supervision, medical care or nursing care shall not be considered a family as defined herein.

FARM, SMALL

A portion of land within a lot used for low-intensity agricultural use including growing produce but not the raising of livestock or poultry.

FENCE

A structure, other than a building, which is a barrier and used as a boundary or means of protection or confinement.

FLOOD DAMAGE PREVENTION

The following words, terms and phrases, when used in Article 22 of this Ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

1.

Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this Article.

2.

Area of Special Flood Hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Insurance Rate Map (FIRM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A and AE.

3.

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year.

4.

Base Flood Elevation (BFE). The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones that indicate the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

5.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

6.

Critical Feature. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

7.

Development. Any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

8.

Elevated Building. A non-basement.

a.

Built, in Zones AE, A & X, to have the top of the elevated floor at or above the Base Flood Elevation and, elevated above the ground level by means of piling, columns (post and piers), or shear walls parallel to the floor of the water; and

b.

Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones AE, A or X, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

9.

Existing Construction. For the purpose of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as "existing structures."

10.

Existing Manufactured Home Park or Subdivision. The construction of the facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

11.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

12.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters; or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

13.

Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

14.

Flood Insurance Study. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood boundary-floodway map.

15.

Floodplain or Flood Prone area. Any land area susceptible to being inundated by water from any source. See "Flood or Flooding."

16.

Floodplain Administrator. A person accredited by the OWRB and designated by the City Council to administer and implement laws, ordinances and regulations relating to the management of floodplains.

17.

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

18.

Floodplain Management Regulations. Zoning Ordinances, Subdivision Regulations, building codes, health regulations, special purpose ordinances (such as a floodplain, grading, and erosion control ordinance) and other applications of police power. The term "Floodplain Management Regulations" describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reductions.

19.

Floodplain Permit Application. The official form used for application to the floodplain permit committee for all proposed development in areas of special flood hazard. A completed and approved floodplain development application is required before any development may be considered for review and approval in the manner prescribed for such development.

20.

Floodplain Permit Committee. The designated administrative authority for administering the City's floodplain management provisions.

21.

Flood Protection System. Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

22.

Floodway or Regulatory Floodway. The channel of a river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

23.

Flood Zone(s). Defined as:

a.

Zone A - an area inundated by the 1% annual chance flood, for which no BFEs have been established.

b.

Zone AE - an area inundated by the 1% annual chance flood, for which BFEs have been determined.

c.

Zone X - areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than one foot or with drainage areas less than one square mile; and areas protected by levees for 1% annual chance flood.

24.

Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term "functionally dependent use" includes only docking facilities, and port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

25.

Habitable Floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a habitable floor.

26.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

27.

Historical Structure. Any structure that is;

a.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register of Historic Places;

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

By an approved state program as determined by the Secretary of Interior; or

(2)

Directly by the Secretary of Interior in states without approved programs.

28.

Levee. A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

29.

Levee System. A flood protection system which consists of a levee and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

30.

Lowest Floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of 44 CFR 60.3 of the National Flood Insurance Program regulations.

31.

Manufactured Home. A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "Manufactured Home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred-eighty (180) consecutive days. The term "Manufactured Home" does not include a recreational vehicle.

32.

Manufacture Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

33.

Mean Sea Level. For purposes of the National Flood Insurance Program, the current National Geodetic Vertical Datum (NGVD) or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

34.

New Construction. For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of Ordinance No. 1435-A of the City.

35.

New Manufactured Home Park or Subdivision. The construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

36.

Recreational Vehicle. A vehicle which is:

a.

Built on a single chassis;

b.

Four hundred (400) square feet or less when measured at the largest horizontal projections;

c.

Designed to be self-propelled or permanently towable by a light-duty truck; and

d.

Designed primarily not for use as a permanent dwelling but, as temporary living quarters for recreational, camping, travel or seasonal use.

37.

Start of Construction. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The term "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

38.

Structure. A walled or roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

39.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

40.

Substantial Improvement. See "a and b below."

a.

Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure the cost of which equals or exceeds fifty (50) percent of the market value of the structure before start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

b.

For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

41.

Use. Any actual or anticipated utilization or change in utilization of real property and specifically shall include, but shall not be limited to, any request or application for a zoning change.

42.

Variance. A grant of relief to a person from the requirements of Article 22 when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by Article 22. For full requirements, see 44 CFR 60.6 of the National Flood Insurance Program regulations.

43.

Violation. The failure of a structure, or other development, to be fully compliant with the community's floodplain management regulations. A structure, or other development, without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10) or (d)(3) of the National Flood Insurance Program Regulations, is presumed to be in violation until such time as that documentation is provided.

44.

Water Surface Elevation. The height, in relation to current National Geodetic Vertical Datum (NGVD) or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

FLOOR AREA RATIO

The total floor area on a zoning lot divided by the area of that zoning lot.

GARAGE

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

1.

Garage. A building, attached or detached, used or designed to be used for the parking and storage of vehicles by those resident upon the premises.

2.

Garage Apartment. A dwelling unit for one family erected in connection with a private garage.

3.

Private Garage. An accessory building or a part of the main building used for storage purposes only for not more than three automobiles, or for a number of automobiles which does not exceed 1 1/2 times the number of families occupying the dwelling unit to which such garage is accessory, whichever number is the greater. Such space shall not be used for storage of more than one commercial vehicle which does not exceed 2 1/2 tons rated capacity, per family living on the premises, and not to exceed two spaces shall be rented to persons not residing on the premises for storage of noncommercial passenger vehicles only.

4.

Public Garage. Any garage other than a private garage available to the public, used for care, servicing, repair or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

GARDEN

A landscaped area of a yard on a lot that is used for the growing of produce, flowers, or shrubs that are not intended for sale/distribution. "Garden" does not include the raising of livestock or poultry.

GAS OR SERVICE STATION

A parcel of land, including structures, thereon, that is used for the sale of gasoline or oil fuels but not butane or propane fuels, or other automobile accessories and which may or may not include facilities for lubrication, washing, cleaning or otherwise servicing automobiles but not including the painting thereof.

GAZEBO

A freestanding outdoor structure that is open-sided in design for recreational use and not for habitation.

GREEN SPACE

An open area which is landscaped and does conflict with any other requirements of the zoning regulations (i.e., parking area cannot be considered in the open space requirement).

GOLF COURSE

A tract of land with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms and shelters as accessory uses. A "Driving Range" may be included as part of a "Golf Course."

GREENHOUSE/PLANT NURSERY

Retail business whose principal activity is the selling of plants, primarily grown on the site, and having outside storage, growing or display of plants and related materials such as planting materials and arts and crafts items. A "Greenhouse/Plant Nursery" is a retail operation and does not include landscaping businesses.

HISTORIC

The following words, terms and phrases, when used in Article 21 of this ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

1.

Certificate of Appropriateness. The official document issued by the Historic Preservation Commission approving any application made by the owner for the erection, demolition, moving, rehabilitation, reconstruction, restoration or alteration of any structure designated historic property and coming within the purview of the Historic Preservation Commission of the City.

2.

Cultural or Architectural Significance. That which has a special historical, cultural or aesthetic interest or value as part of the development, heritage, cultural or aesthetic characteristics of the city, region or nation.

3.

District. An area of historic, architectural or cultural value, with clearly defined boundaries, all of which are determined by the Historic Preservation Commission.

4.

Good Repair. A condition which not only meets minimum standards as set forth by City Code, but which also guarantees continued attractiveness, continued structural soundness and continued usefulness.

5.

Historic Property. Any land, building, structure, site or object having notable character or qualities of historical, architectural or cultural significance as determined by the Historic Preservation Commission or listed on the National Register of Historic Places.

6.

Reconstruction. The process of recreating or reproducing by new construction all or part of the form and detail of a vanished resource as it appeared at a specified period in time.

7.

Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.

8.

Restoration. The process of accurately recovering all or part of the form and detail of a historic resource and its setting at a particular period of time by means of the removal of later work and the replacement of missing earlier work.

HOME OCCUPATION

A business or commercial activity that is an accessory use of a dwelling unit.

HOSPITAL

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

HOTEL

A building or group of buildings under one ownership containing six or more sleeping rooms occupied, intended or designed to be occupied temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or mobile home park or camp, sanitarium, hospital, asylum, orphanage or building where persons are housed under restraint.

INCIDENTAL REPAIR

Those repairs to vehicles occurring or likely to occur as an especially minor consequence or by change. Such repairs include, for example, adjustments to doors, headlamps, wiper blades, hood latches, locking mechanisms and windows. Excluded are those repairs associated with removal, application or installation of substantive parts of a vehicle for the purpose of repair.

INSPECTING OFFICER

Any person duly appointed by the city.

INTERMODAL SHIPPING CONTAINER

A unit designed for shipping and/or storage of goods by means of boat, train or truck, also defined as a cargo or transport container. Shipping containers are self-contained units. The containers are constructed in a manner to provide for structural integrity and designed to be placed directly on the ground without a foundation, have axles or wheels directly attached to the unit temporarily or permanently. These units are referred to as "cargo containers," or "transport containers."

The provisions of Section 3114 and other applicable sections of this Code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.

LOT

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

1.

Area. The total horizontal area included within the boundaries of the lot lines.

2.

Corner. A lot which has two adjacent sides abutting on a street for their full length and provided that the interior angles formed by the sides are each greater than 135 degrees.

3.

Depth. The average distance from the street right-of-way line to the rear lot line, measured in the general direction of the side property lines of the lot.

4.

Double Frontage. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

5.

Frontage. The horizontal distance between the side property lines measured at the front property lines.

6.

Interior. A lot other than a corner lot.

7.

Lines. The lines bounding a lot as described herein.

8.

Lot. A distinct portion or plot of land occupied or intended to be used by one building or associated groups of buildings, including such open spaces as required by these regulations and having its principal frontage on the public street.

9.

Recorded. A lot which is a part of subdivision, the plat of which has been recorded in the office of the county clerk of the county, or a lot described by metes and bounds, the description of which has been recorded in the office of the county clerk prior to the passage of these regulations.

KENNEL

Establishments where pet animals owned by another person are temporarily boarded overnight for a fee or any lot or premise on which four (4) or more dogs more than six (6) months of age are kept. "Kennel" shall not apply to animal hospitals operated by veterinarians duly licensed under the law where the boarding of animals is accessory to medical treatment.

LODGINGHOUSE

A building other than a hotel where lodging for five or more persons is provided for compensation.

MANUFACTURED HOME SUBDIVISION

An exclusive family residential housing subdivision for manufactured homes and modular housing units in which the home or housing unit owner owns the property upon which the home is situated.

MEDICAL FACILITY

A building or a portion of a building containing the offices and associated facilities of one or more licensed practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, or other outpatient medical-related services, with or without shared or common spaces, equipment, or assistants. Clinics also include alternative medicine clinics such as acupuncture and physical therapy offices, but do not include ambulatory care or hospital facilities.

MEDICAL/DENTAL CLINIC

A facility for the examination and treatment of ill and afflicted human outpatients provided, however, that patients are not kept overnight.

MINI-STORAGE

A facility used only for the storage of personal property (no commercial storage) where individual renters control individual storage spaces. A "Mini-Storage" may also include accessory retail sales of packing, moving and storage supplies, and rental of moving vehicles.

MOBILE HOME

A transportable, factory-built, detached dwelling unit that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974.

MOBILE HOME PARK OR COURT

Land or property which is used or intended to be used or rented for occupancy for dwelling by two or more mobile homes or movable sleeping quarters of any kind.

MOBILE HOME SITE

A lot having its principal frontage on a dedicated public street, occupied or intended to be occupied by a single mobile home as a permanent site for the same and meeting all the requirements of these regulations as provided for in the "D-1" mobile home site district.

MOBILE HOME SUBDIVISION

An exclusive family residential housing subdivision for mobile homes and modular housing units in which the mobile home owner owns the property upon which the home is situated.

MODULAR HOMES

Modular home means a detached single-family residential dwelling built in accordance with the standards set forth in the International Residential Code which is made of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

MOTEL

An inn or group of cabins along or connected to a dedicated street or highway in which individuals or families may spend the night.

MUNICIPALITY OR MUNICIPAL

Referring to or belonging to the City of Muskogee.

MUNICIPAL/PUBLIC BUILDING

A building or structure owned, operated and/or occupied by a governmental agency to provide a governmental service to the public. "Municipal/Public Building" includes public safety facilities and public works facility, but does not include park district field houses or recreation centers, which would be considered a "Park/Playground," or school buildings, which would be considered "School, Preschool-12th Grade."

MUSIC HALL

See "Theater."

NEIGHBORHOOD GROUP HOME

See "Assisted Living Facility."

NONCONFORMING USE

A building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto and which does not conform to the use regulations of the district in which it is situated.

NURSING HOME

See "Assisted Living Facility."

OFFICE

A use that engages in the processing, manipulation or application of business information or professional expertise. Such an office may or may not offer services to the public. An "Office" is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. It is characteristic of a "Office" that retail or wholesale goods are not shown on the premises to a customer. Examples include, but are not limited to, professional offices for non-profit organizations, advertising, accounting, investment services, insurance, contracting, architecture, planning, engineering, legal services and real estate services. "Office" does not include government offices, which are considered a "Government Facility."

OPEN SPACE

The 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.

OUTDOOR DINING

A seating area located outdoors of a contiguous restaurant, usually in addition to an indoor seating area. "Outdoor Dining" does not include "Roadside Sales Stands."

OUTDOOR DISPLAY/SALES

An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service.

OUTDOOR STORAGE YARD

The principal use of a lot where personal or business properties are stored outside.

PARKING

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

1.

Commercial Lot. A parcel of land which is used for the storage of motor vehicles and is not accessory to any other use on the same or any other zoning lot, and contains space rented to the general public by the hour, day, week, month or year. However, the term "commercial parking lot" shall not include any establishment used for automobile repairs, except minor repairs, which are solely incidental to the storage of motor vehicles or any establishment used exclusively for the storage of commercial or public utility vehicles or for dead storage of motor vehicles.

2.

Off-Street. A type of parking wherein the maneuvering of the vehicle while parking and un-parking, as well as the parking itself, is done entirely on land not within the public right-of-way, and where access to the area is by means of standard driveway approach.

3.

Space. An area for the parking of a motor vehicle, not on a public street or alley, surfaced with a paved driveway connecting the parking space with a street or alley permitting free ingress and egress. A public street or right-of-way shall not be classified as off-street parking space in computing the parking requirements for any use.

PAWN SHOP

An establishment that lends money on the deposit or pledge of physically delivered personal property, and who may also purchase of such property on the condition of selling it back again at a stipulated price. "Pawn Shop" includes establishments that buy personal property, such as jewelry or artwork, made of gold or other materials for refining. Consignment shops, antique shops and jewelry stores are not considered "Pawn Shops," but "Retail Goods Establishments."

PERSON

An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, and includes a trustee, a receiver, an assignee, or a similar representative of any of them.

PET 'DAY CARE'

See "Kennel."

PLACE OF WORSHIP

A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. A "Place of Worship" may include group housing for persons under religious vows or orders, such as a rectory or convent. "Places of Worship" may also include day care facilities and/or weekly religious instruction.

PLAZA

An open space accessible to the public at all times. It shall not at any point be more than five feet above nor more than 12 feet below the curb level of the nearest adjoining street. It must be unobstructed from its lowest level to the sky except for certain permitted obstructions such as arbors, awning, ornamental fountains and flagpoles.

PRIVATE CLUB

A membership organization and its facility that holds regular meetings and caters exclusively to members and their guests for social, intellectual, recreational or athletic purposes. A "Private Club" may, subject to other regulations controlling such uses, maintain dining facilities or engage professional entertainment for the enjoyment of dues-paying members and their guests. "Private Club" shall not include "Country Club."

PUBLIC AGENCY

Public agencies include governments, cities, municipalities or governing bodies.

PUBLIC HEALTH CENTER

A facility primarily utilized by a health unit for the provision of public health services including related facilities as laboratories, clinics and administrative offices operated in connection therewith

RECREATION FACILITY

A building specifically dedicated to recreational activity uses including but not limited to activities such as tennis, baseball, racquetball, ice skating, track and field, swimming, weight training. A "Recreation Facility" does not include "Amusement Establishment" uses.

RECREATIONAL VEHICLE

A vehicle used for temporary living quarters which can be towed, hauled or driven and is designed for recreational, camping or travel use and includes, but is not limited to, travel trailers, camping trailers, fifth wheels, motor homes and pickup campers.

RECREATIONAL VEHICLE PARK

Any premises on which two or more recreational vehicles are parked or situated and used for the purpose of supplying to the public a parking space for two or more such vehicles.

RESIDENTIAL-DESIGN MANUFACTURED HOME

See "Dwelling, Mobile and Manufactured."

RESIDENTIAL TREATMENT CENTER

A community-based residential facility providing diagnostic or therapeutic services and long-term room and board in a highly structured environment for its residents for alcoholism and drug abuse, mental illness or behavioral disorders and exclusive of a hotel or motel.

RETAIL GOODS ESTABLISHMENT

A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. However, no "Retail Goods Establishment" shall sell firearms. "Retail Goods Establishment" shall not include any adult uses.

RESTAURANT

An establishment where food and beverages are prepared and served for the general public as the primary business.

RETAIL

The selling of merchandise directly to the ultimate consumer.

RETAIL SALES, GOODS PRODUCED ON PREMISES

The selling of goods that are produced on-site and sold to consumers on the same site.

RIGHT-OF-WAY

An area of land dedicated or otherwise conveyed to the City and intended to be occupied by public use including roads, sidewalks, utilities and other public facilities. On a subdivision plat, rights-of-way are to be separate and distinct from other lots or parcels. Rights-of-way intended for public facilities shall be dedicated to public use and title transferred to the appropriate public agency.

RIVERFRONT

The area of land abutting the Arkansas, Verdigris and Neosho/Grand Rivers lying within the jurisdiction of the Commission.

ROADSIDE SALES STANDS

A temporary structure, no larger than one hundred (100) square feet located alongside a street that is used for selling goods produced on agricultural land.

ROOMING AND BOARDING HOUSE

A facility licensed and regulated by the state wherein congregate meals and lodging are provided for its residents exclusive of a supervised living or residential care facility as elsewhere defined, and exclusive of a hotel or motel. Lodging is only provided for compensation of three or more, but not exceeding forty (40), persons. Any building providing lodging for more than this number shall be defined as a hotel under the terms of these regulations.

SALES YARD

An outdoor or indoor portion of a lot that is used to display large items for purchase.

SANITARIUM

An institution providing health facilities for inpatient medical treatment or treatment and recuperation.

SCHOOL, PRESCHOOL—12TH GRADE

An institution of learning not operated for profit, which offer and maintain a course of instruction leading to degrees or certificates of graduation recognized by the board of education of the state.

SEATS

The seating capacity of a particular building; in the event individual seats are not provided, each twenty (20) inches of benches or similar seating accommodations shall be considered as one seat for the purpose of these regulations.

SETBACK

The required minimum distance a building or structure, or other improvement on a lot, must be located from a lot line.

SERVANTS/CARETAKERS QUARTERS

A portion of a dwelling unit that provides a place of residence for a domestic servant/caretaker (a person not considered part of the "family" that occupies the dwelling).

SHED

A relatively small accessory structure often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity, or plumbing and does not need to be placed on a permanent foundation. A "Shed" is typically intended to store lawn, garden, or pool care equipment.

SHELTER, STORM/FALLOUT

A structure or portion of a structure intended to provide protection of human life during periods of danger from nuclear fallout, air raids, storms or other emergencies.

SHOP YARD

A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. This definition includes architects, engineers, surveyors' construction offices, shops, and real estate sign placement service; and showroom and shops for the display and sale of electrical, plumbing, heating, air conditioning, sheet metal, and other material in connection with contracting services.

SHOPPING CENTER

A group of retail and other commercial establishments that is planned, owned, and managed as a single property. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center with off-street parking, landscaped areas, and pedestrian malls or plazas provided on the property as an integral part of the unit.

SIGHT TRIANGLE

See "Corner Visual Clearance."

SIGN

The following words, terms and phrases, when used in Article 16 of this Ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

1.

A-Frame. A temporary advertising device ordinarily in the shape of an "A" or some variation thereof, located on the ground, not permanently attached and easily movable, and usually two-sided. Also called a "sandwich board."

2.

Abandoned or Obsolete. A sign which no longer correctly directs or exhorts any person, advertises a business, lesser, owner, product, activity conducted or available on the premises where the sign is displayed.

3.

Area. The area of the largest single face of the sign within a perimeter which forms the outside shape including any frame that forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. See Article 16 (Signs) for measurement of sign area.

4.

Awning. A structure of canvas, canvas-like or other materials extended over a window or door or over a patio, deck, etc. as a protection from the sun or rain.

5.

Balloon. Any sign that is any lighter-than-air or gas-filled balloon attached by means of a rope or tether to a definite or fixed location. Displays designed to inflate or move by use of a fan or blower is also considered a balloon sign. Balloons used as temporary attention-getting devices in conjunction with another sign which are no more than eighteen (18) inches in diameter, are not considered balloon signs.

6.

Banner. Any sign printed or displayed upon cloth or other flexible material with or without frames.

7.

Bulletin Board. A sign which accommodates manually changeable copy which displays information on activities and events on the premises.

8.

Construction. Any sign identifying individuals or companies involved in design, construction, wrecking, financing or development when placed upon the premises where work is under construction, but only for the duration of construction or wrecking.

9.

Electronic. Signs whose alphabetic, pictographic or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. For the purposes of this Article, electronic signs within ground or wall signs are regulated as one (1) of the two (2) following types:

a.

Electronic Display Screen. A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards and holographic displays.

b.

Electronic Message Sign. Any sign, or portion of a sign, that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. "Time and Temperature Devices" are not considered electronic message signs.

10.

Face. The visible sign proper including all characters and symbols, excluding essential structural elements which are not an integral part of the display.

11.

Ghost. A painted wall sign that remains from an earlier time or advertises the use of a building that provides evidence of the history of the use of the building or activities of the community. A "Ghost Sign" is not considered an off-premise sign.

12.

Ground. A sign supported by one or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or sign which is erected on the ground, or by any other means than by attachment to a building support. See "Sign, Ground - Monument" and "Sign, Ground - Pole" below.

a.

Sign, Ground - Monument. Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure. Ground monument signs are typically mounted on a masonry base. As distinguished from a ground pole sign, the sign base of any monument sign must be a minimum of seventy-five percent (75%) or more of the width of the sign face that is to be situated upon the base. A sign base less than seventy-five percent (75%) of the width of the sign face is considered a ground pole sign.

b.

Sign, Ground - Pole. A sign erected and maintained on one (1) or more freestanding mast(s) or pole(s) and not attached to any building, but not including a ground monument sign.

13.

Height. The vertical distance measured from the mean curb level of the lot upon which the sign is located to the uppermost point on the sign or sign structure.

14.

Highway Commercial District. Shall include all lots that have frontage abutting a state or federal highway.

15.

Identification. Any sign containing only the name and/or address of the dwelling/building occupant or of the dwelling/building, or of the dwelling/building owner or manager.

16.

Illegal. Any sign erected in violation of the terms of an applicable ordinance or a nonconforming sign for which the amortization period has expired.

17.

Instructional. The instructional signs which notify or instruct the public as to limitations or regulations relating to designated uses of certain parcels of property or private streets or rights-of-way, and including warning signs, exit signs, traffic signs and directional signs for parking or parking restrictions.

18.

Internally Illuminated. A sign illuminated by a light source, either incandescent, fluorescent, neon or other light, which is enclosed by the sign panel(s) or within the sign.

19.

Menu Board. A device which functions to list items for sale at a drive-thru restaurant.

20.

Moving. A sign or other advertising structure with moving, revolving or rotating parts or visible mechanical movement of any kind, including wind-activated signs. Clocks are not considered signs with moving parts.

21.

Noncommercial. Any sign which communicates information or ideas and is not typically a commercial sign.

22.

Obscene. A sign which is found to meet the three (3) established criteria of obscenity: 1) prurient in nature; 2) completely devoid of scientific, political, educational or social value; and 3) a violation of local community standards as determined by the City Attorney.

23.

Off-Premises. Any sign which does not direct attention to a profession or business conducted, or to a commodity, service, activity or entertainment sold or offered upon the premises where such sign is located.

24.

On-Premises. Any sign which directs attention to a profession or business conducted, or to a commodity, service, activity or entertainment sold or offered upon the premises where such sign is located.

25.

Pennant. Any geometric shaped cloth, fabric or other lightweight material normally fastened to a stringer, which is secured or tethered so as to allow movement of the sign.

26.

Permanent. A sign attached to a structure or the ground which is made of materials intended for long-term use.

27.

Political. A sign whose function is to draw attention to or communicate a position on any issue, candidate or measure in any national, state or local election.

28.

Portable. A transportable sign on wheels, skids, or framing of substantial construction, including trailers and search lights used for advertising or promotional purposes, which is not designed or intended to be permanently affixed to a building, other structure, or the ground, but which is capable of being temporarily anchored or placed on the ground.

29.

Projecting. A sign means any sign which is attached to a building or other structure and extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached by more than 12 inches.

30.

Real Estate. A sign pertaining to the lease, rental, or sale of the premises upon which it is located.

31.

Roof. Any sign located on or attached to the roof of a building, supported by poles, uprights or braces extending from the roof of a building.

32.

Sign. Any writing, picture, drawing, decoration, emblem, trademark, flag, banner, statue, or any other object of similar character which is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement.

33.

Structure. Any structure or material which has supported or is capable of supporting or helping maintain a sign in a stationary position, including decorative covers.

34.

Temporary. Any sign, banner, pennant, balloon or similar device or display which is intended for a temporary period of display constructed of cloth, canvas, light fabric, cardboard, wood or other light materials, with or without frames.

35.

Time and Temperature Device. A mechanism integrated into a sign that displays the time and/or temperature, but does not display any commercial advertising or identification.

36.

Under-Awning. Any sign attached to and mounted under an awning.

37.

Under-Canopy. Any sign attached to and mounted under a canopy.

38.

Wall. A sign attached to and supported by the exterior surface of the wall of a building or structure in a plane substantially parallel to that of the supporting wall including a sign painted directly on the surface of the building.

39.

Window. Any sign which is painted on, applied or attached to or located within three feet of the interior of a window.

STORY

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

1.

Half Story. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartments or living quarters shall be counted as a full story.

2.

Story. A portion of a building, other than a basement, between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

SOCIAL CLUB OR LODGE

See "Private Club."

STREET

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

1.

Intersecting. Any street which joins another street at any angle whether or not it crosses the other.

2.

Line. A imaginary line between a lot, tract or parcel of land and a contiguous street.

3.

Private. Any private thoroughfare which affords access to abutting property.

4.

Street. The streets, avenues, boulevards, roads, lanes, alleys, viaducts, highways and other ways dedicated for public use.

STRUCTURE

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

1.

Accessory. A structure customarily incidental to the main building and located on the same lot with the main building.

2.

Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

3.

Height. The height of a structure 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 has been established, to the highest point of the roof's surface, if a flat surface, to the deck line of mansard roofs and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of a building, except for airport zoning purposes, the following structures shall be excluded:

a.

Chimneys;

b.

Cooling Towers;

c.

Elevators;

d.

Bulkheads;

e.

Penthouses;

f.

Tanks;

g.

Water Towers;

h.

Radio Towers;

i.

Ornamental Cupolas;

j.

Domes or Spires; and

k.

Parapet walls not exceeding four (4) feet in height.

4.

Structure. Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

SWIMMING POOL

A receptacle for water and/or an non-natural occurring pool of water over twelve (12) inches in depth, either at a private residence intended only for the use of the individual owner, his family and friends, or at a multi-family residence intended only for the use of the tenants of the building, their families and friends.

TAVERN/BAR

An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an accessory use only. A "Tavern/Bar" with live performances (music, theater, etc.) is considered "Music Hall." A microbrewery is considered a "Tavern/Bar."

TEMPORARY CONSTRUCTION TRAILER/STRUCTURE

This use includes watchman's trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.

TEMPORARY STORAGE CONTAINER

Temporary self-storage containers delivered to residential or commercial uses for the resident or business owner to store belongings, and then picked up and returned to a warehouse until called for. Also known as "PODS" ("Portable On-Demand Storage" containers).

TENNIS COURT

See "Recreation Facility."

THEATER

A facility with fixed seats for the viewing of movies or live presentations of musicians or other performing artists.

TOWER

The following words, terms and phrases, when used in Article 19 of this Ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

1.

Alternative Tower Structure. Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

2.

Antenna. An exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

3.

Backhaul Network. The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

4.

FAA. The Federal Aviation Administration.

5.

FCC. The Federal Communications Commission.

6.

Height. The distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

7.

Preexisting Towers and Preexisting Antennas. A tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance from which this article is derived, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

8.

Tower. A structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term "tower" includes the structure and any support thereto.

TRAILERS FOR HAULING, RENTAL AND SALES

An open area zoned within one parcel used for the display, sale, or rental of new or used trailers which must be in condition to be driven on or off the area and where no repair work is done except minor incidental repair on trailers to be displayed, sold or rented on the premises. This area shall not be used for the storage of wrecked automobiles, trucks or trailers.

TRANSITIONAL LIVING CENTER

A community-based residential facility that provides short-term (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, mental illness, alcoholism or drug abuse, exclusive of a hotel or motel.

TRAVEL TRAILER

A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling and to be towed behind a motor vehicle, being either of a gross weight of not more than 4,500 pounds or an overall length of not more than 28 feet.

TRAVEL TRAILER PARK

Any premises on which two or more pickup coaches or travel trailers are parked or situated and used for the purpose of supplying to the public a parking space for two or more such coaches or trailers.

TREE

Any object of natural growth typically having a single stem or trunk.

UNIVERSITY/COLLEGE

An institution providing post-secondary education that may also conduct research. Students enrolled in a "University/College" may reside in on-site dwellings.

USE

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

1.

Accessory. A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.

2.

Primary. A use permitted in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this Ordinance.

3.

Special. A use that owing to some special characteristics attendant to its operation or installation is permitted in a zoning district only after review and is subject to approval by the Board of Adjustment.

4.

Use. The term employed to refer to any purposes for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied; and an occupation, business, activity or operation carried on, or intended to be carried on, in a building or other structure or on land; or a name under which it is arranged, designed, intended, maintained or occupied.

UTILITY

Any service or facility that provides usefulness and amenity to developed property including, but not limited to, sanitary sewer, water, natural gas, electricity, telephone, cable television and other telecommunication systems.

VEHICULAR AND MACHINERY, SALES

An open area zoned within one parcel used for the display, sale, or rental of new or used vehicles and machinery, which must be in condition to be driven/hauled on or off the area and where no repair work is done except minor incidental repair on vehicles/machinery to be displayed, sold or rented on the premises. This area shall not be used for the storage of wrecked automobiles, trucks or trailers.

WAREHOUSE

A building where goods and materials are stored as a service to another entity.

WHOLESALE DISTRIBUTION CENTER

The storage, wholesale and distribution of manufactured products, supplies and equipment. A "Wholesale Distribution Center" use may also include a showroom related to the items stored on-site and secondary retail sales to the public.

YARD

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

1.

Front. A yard extending across the front of a lot between the side yards and being the minimum horizontal distance between the structure and the front lot line.

2.

Rear. A yard extending across the rear of a lot measured between the rear lot line and the rear of the main building or any projections of the main building other than steps or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has the same dimensions. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

3.

Side. A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between the side lot lines and the main building or any projections other than steps.

4.

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 where otherwise specifically provided in these regulations that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front or rear yard, the least horizontal distance between the lot line and the main building shall be used.

ZONING

A general plan to regulate and direct the use and development of property within a municipality or other political jurisdiction by dividing it into districts according to present and potential use of lands and properties.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014; Ord. No. 3978-A, § 1, 8-10-2015; Ord. No. 4194-A, § 1, 4-24-2023)