This section provides descriptions of uses of land and buildings associated with Table 17-12-2: Allowed Uses. It is organized by categories and types of uses, with some types including more specific types. Where a proposed use is not generally listed or appears to meet the description of more than one use type, the director shall make an interpretation of the most appropriate and relatively equivalent described use considering (1) the similarity of the proposed use in scale, impact and operations to a described use; (2) the typical building formats and site designs associated with the proposed use, and compatibility with the zoning district standards; and (3) the potential contribution the propose use and typical formats of that use have on the intent of the zoning district. Any use that may not be interpreted as relatively equivalent to a use in the use table, is not anticipated by these regulations, and may only be allowed by a text amendment.

Residential Dwelling. The residential dwelling category is the principal use of land and buildings for dwelling units. The arrangement and extent of dwelling units depends on the zoning district, lot sizes and building types, arranged in the following types:

"Apartment, garden apartment/complex" means a grouping of small or medium apartment buildings in a common development arranged around an internal system of streets/internal access, walkways and common open space.

"Apartment (small, medium or large)" means a small- to moderate-scale, multi-unit residential building designed on a small or moderate-sized lot in a compact walkable neighborhood or mixed-use stetting. The building is accessed by a common lobby entrance at building frontage, is designed with a compatible scale and frontage to other residential building types, and arranged to integrate into the block structure of a neighborhood. Variants of this type are based primarily on building scale, lot size and context and include small, medium and large apartments.

"Detached house" means a residential building designed for one primary dwelling unit in a neighborhood, suburban setting. Variants of this type are based primarily on lot size and context and include detached house—neighborhood and detached house—compact.

"Duplex/multi-unit house" means a residential building designed to accommodate two to four primary dwelling units in a neighborhood or suburban setting. Duplex units that share a single common wall may be on a single lot, or it may be platted as separate lots along the common wall line subject to platting restrictions. All other duplex or multi-unit houses shall be on a single lot. Duplex/multi-unit houses shall have a scale, design and orientation of access and entrance features that maintains the appearance and form similar to a detached house.

"Live/work" means a residential building type designed with a single dwelling unit, but where an additional component of the structure is designed for a small-scale business function run by the occupant. Live/work units can either be detached structures or attached with common party walls with other live/work units similar to the row house configuration.

"Mixed-use (apartment over commercial/service)" means a residential use in a building designed primarily for street level retail, service or employment uses, and where dwelling units are accommodated on upper stories, or otherwise separated from the principal commercial function of the building.

"Row house" means a multi-unit residential building designed for three to eight dwelling units within an urban and sometimes suburban context. Row houses abut one another sharing an adjoined party wall. These units are conjoined however, each unit has its own private entry. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall subject to platting restrictions.

"Small format or manufactured home communities" means a parcel of land planned and designed for multiple home sites for the placement of manufactured, mobile or other small homes, and used for the principal dwelling of households for long-term residency. Home sites may either be located on a single lot, owned through appropriate condominium procedures, or platted for individual ownership of each site under certain conditions.

Civic/Institutional. The civic/institutional category is the use of land and buildings to serve public or community interest by enhancing the daily cultural, social, or recreation need for residents and neighborhoods, whether by way of open and public citizenship, by property ownership or residency, or by membership affiliation. It includes the following types:

"Assembly" means a civic or institutional use designed to serve the community for regular or periodic events, including worship, civic, recreation or entertainment.

"Assembly—event venue (1,201+ occupants)" means places of public assembly designed and located to serve community or civic needs of the city or region and typically designed for more than one thousand two hundred (1,200) people. Examples include an auditorium, large event hall or major worship hall.

"Assembly—large (651-1,200 occupants)" means places of public assembly designed and located to serve community or civic needs of a broad vicinity, and typically designed for six hundred fifty-one (651) to one thousand two hundred (1,200) people. Examples include a community/recreation center, small event hall or large religious facility.

"Assembly—limited (under 150 occupants)" means a place of public assembly designed and located to serve immediately adjacent uses or be accessory to other uses, and typically designed for less than one hundred fifty (150) people. Examples include small neighborhood association clubhouse or meeting room.

"Assembly—small (151—650 occupants)" means places of public assembly designed and located to serve community or civic needs for residents of nearby neighborhood(s), and typically designed for between one hundred fifty-one (151) and six hundred fifty (650) people. Examples include a neighborhood association recreation center, meeting hall, or small religious facility.

For the purposes of performance standards or separation parameters for particular uses, assembly uses that are "churches/places of worship" shall include a building primarily used for public religious worship and associated religious functions (education, fellowship, etc.), including synagogues and temples.

"Buildings for public utility services or public service corporations" means any building necessary for the operational or administrative functions of a public utility, including buildings to support communications, electric, gas, water or sewer services.

"Cemeteries, mausoleums or crematories" means land or building used for the burial of the deceased and dedicated for interment purposes.

"Community and public service" means a civic use that supports the community at large by through public safety, recreation, leisure or similar government functions. Examples include police and fire stations, post offices, public open spaces or similar government and quasi-government buildings and grounds.

"Hospital" means a large institution with multiple buildings and other improvements that may be connected or stand-alone and dedicated to providing a broad range of healthcare and wellness services including emergency care, in-patient and out-patient care, physician services, health and wellness care, and other related services, and includes other accessory services to support the institution and its activities such as food services (cafeteria and restaurant facilities), offices, educational programs, patient or employee meetings, indoor and outdoor workout or wellness facilities, day care, retail shops, and other uses that serve the institution or its employees.

"Public library/museum" means a civic or institutional use provided resources and exhibits to support education, culture, and information exchange, open to the public at large.

"School" means a civic or institutional use designed to provide structured, seasonal or year-round education opportunities for the community.

"School—campus" means a public or private institution for post-secondary education, skills and trade instruction or job training, targeted to the region. Examples include colleges, universities, and vocational/technical schools. School campuses that are arranged on multiple blocks and lots without altering the neighborhood character and development patterns, may be permitted as multiple, smaller scale schools (i.e. a "School—Small (less than two acres)" and a "School—Large (five to ten (10) acres)" may each be permitted per those types).

"School—large" means a large public or private institution for primary or secondary education and typically serving more than six hundred (600) students and targeted to the broad vicinity, including neighborhoods beyond one mile, and arranged on a property of five to ten (10) acres.

"School—neighborhood" means a small public or private institution for primary or secondary education and typically serving up to six hundred (600) students, primarily targeted to neighborhoods within one mile. Special purpose schools that have a larger target area but are designed and scaled to perform similarly to a neighborhood school may be included in this type. These types of schools are built or arranged on a property of two to five acres.

"School—small (less than two acres)" means a small public or private institution for primary or secondary education, on a property of less than two acres.

Retail. The retail category is the use of land and buildings for the sale, lease or rental of products to the general public with frequent interaction of patrons or consumers on premises.

"Gas station—general (13 to 20 pumps)" means a retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to thirteen (13) to twenty (20) fueling stations. Examples include a convenience center and gas station.

"Gas station—large (21 or more pumps)" means a retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use contains more than twenty (20) fueling stations. Examples include a large convenience center and gas station.

"Gas station—limited (four pumps or less)" means a retail use engaged in the sale of fuel and other convenience goods to the general public. The use is limited to no more than four fueling stations. Examples include a small convenience store and gas station.

"Gas station—small (five to 12 pumps)" means a retail use engaged in the sale of fuel and other convenience goods to the general public, and may include accessory repair or maintenance services. The use is limited to five to twelve (12) fueling stations. Examples include a small convenience center and gas station.

"Grocery—convenience/market (under 8K s.f.)" means a retail use selling food and produce or specialty food products for household consumption in a small-scale format under eight thousand (8,000) square feet. Examples include a corner market, butcher shop, produce stand or similar food store.

"Grocery—large store (over 40K s.f.)" means a retail use selling food, produce and household products for household consumption in a large-scale format, at least forty thousand (40,000) square feet. Examples include a large-format grocery or supermarket, or a similar function housed within a larger warehouse retail store.

"Grocery—small store (8K—40K s.f.)" means a retail use selling food, produce and other household products for household consumption in a small-scale format at least eight thousand (8,000) but less than forty thousand (40,000) square feet. Examples include a small grocery store that may serve as the anchor to a small-scale walkable center.

"Restaurant" means a retail use engaged in the business of serving prepared food and/or beverages to the public for immediate consumption. This use type is further categorized by the following formats:

"Restaurant—general" means a service use that prepares and sells food and/or beverages for on premises consumption, and may include accessory off-premises consumption through carry-out or drive-through services, and may also include accessory indoor entertainment.

"Restaurant—limited" means a small scale restaurant under one thousand five hundred (1,500) square feet, often associated with other uses, such as a cafe, lunch counter, walk-up window or similar small retail sales food outlet.

"Restaurant—small" means a small scale restaurant between one thousand five hundred (1,500) and four thousand (4,000) square feet that prepares and sells food and beverages for on premises consumption, and may include accessory off-premises consumption through carry-out or drive-through services.

"Retail—general" means a retail use at least three thousand (3,000) but less than eight thousand (8,000) square feet.

"Retail—large" means a large-scale retail use at least fifty thousand (50,000) but less than one hundred thousand (100,000) square feet.

"Retail—limited" means a small scale retail use under one thousand five hundred (1,500) square feet, Including food trucks, sales kiosks or machines, and other temporary or permanent sales receptacles.

"Retail—medical marijuana dispensary facility" means a retail facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another licensed dispensary facility, a licensed testing facility, or a licensed manufacturing facility.

"Retail—moderate" means a large-scale retail use at least eight thousand (8,000) but less than fifty thousand (50,000) square feet.

"Retail, outdoor sales, general" means a retail use where the primary business is associated with large-scale equipment and merchandise that can only be displayed permanently and year-round out of doors. Examples include a motor vehicle sales lot, equipment sales lot, boat or recreational vehicle sales lot, large nursery, large machine or farm implement sales yard.

"Retail—outdoor sales, limited" means a retail use where the primary business is associated with merchandise that can only be displayed permanently and year-round out of doors. Examples include a small-scale nursery, a lumber yard, or a small machine or equipment sales.

"Retail—small" means a small scale retail use at least one thousand five hundred (1,500) but less than three thousand (3,000) square feet.

"Retail—warehouse" means a large-scale retail use at least one hundred thousand (100,000) square feet.

Office/Service. The office/service category is the use of land and buildings for businesses engaged in the exchange of professional and individual services or uses employing people in the administrative functions of businesses. It includes the following types:

"Animal care" means a service use offering professional medical care or boarding, grooming and training for animals. This use type is further categorized by the following formats.

"Animal care—general" means a service use offering full care for animals with activities taking place in large scale indoor and/or outdoor facilities, and which may include services offered outside of normal business hours. This use includes more than five thousand (5,000) square feet of indoor or outdoor area, or care for fifty (50) or more animals. Examples include large animal hospitals, kennels, animal adoption agencies or other similar facilities.

"Animal care—limited" means a service use offering basic care for animals in an indoor setting, and which may include services offered outside of normal business hours. This use is limited to no more than five thousand (5,000) square feet, and typically care for less than fifty (50) animals at one time. Examples include a small veterinary office, grooming service, animal hospital or rehabilitation facility.

"Day care (accessory or in-home)" means a service use providing care for adults or children whom are not residents and that is operated incidental to the principal use of property, whether in someone's residence, associated with a school, religious institution, or other employment or institutional use. This use is subject to specific limitations and procedures based upon the particular zoning district.

"Day care center (non-accessory)" means a service use providing care for adults or children whom are not residents of the facility as a principal use of the property, excluding uses that are primarily providing education services during ordinary school hours.

"Lodging" means a service use providing accommodations for short-term overnight occupancy.

"Lodging, bed and breakfast" means an existing residential building used for short-term lodging with one or more meals for compensation and shared living space between the primary occupants and patrons, and includes no more than five rooms.

"Lodging, hotel/motel" means a service use by a licensed (where applicable) business providing accommodations for short-term overnight occupancy, and fifty (50) or more rooms.

"Lodging, inn" means a service use by a licensed (where applicable) business providing accommodations for short-term overnight occupancy, and less than fifty (50) rooms.

"Lodging, short-term rental" means a rental of a property, a dwelling unit, an accessory dwelling unit, or portion thereof for a period of less than thirty (30) consecutive days.

"Office—campus" means an office use where the total gross leasable area is at least one hundred thousand (100,000) square feet, or involves more than one building in a complex.

"Office—general" means an office use where the total gross leasable area is at least fifteen thousand (15,000) but less than one hundred thousand (100,000) square feet, and may include more than one building.

"Office—home occupation" means an office use where a business, profession, service, or trade is conducted entirely within a residential dwelling and/or its accessory structures, when such activities are clearly Incidental or subordinate in use to the dwelling and may involve limited on premises interaction with customers.

"Office—limited" means an office use where the total gross leasable area is less than fifteen thousand (15,000) square feet, and may include more than one building.

"Recreation" means a service use providing daily or regularly scheduled activities for entertainment, recreation or exercise to the general public or through membership. This use includes accessory buildings for the transaction of business and accessory services. This use type is further categorized by the following formats.

"Recreation—gun club or skeet shooting" means an indoor or outdoor facility of any scale designed and used for recreational shooting or target practice. Examples include shooting range, gun clubs or skeet shooting park.

"Recreation—indoor general (10K s.f. or more)" means indoor recreation that involves a building ten thousand (10,000) square feet or more. Examples include a large bowling alley, sports and recreation center, theater complex, large health club, or shooting range.

"Recreation—indoor limited (less than 10K s.f.)" means indoor recreation that involves a building less than ten thousand (10,000) square feet. Examples include a small bowling alley, fitness club, billiard hall, martial arts centers, yoga studio, or dance studio.

"Recreation—outdoor general" means outdoor recreation that typically include significant areas of outdoor lighting or designed to host significant events. Examples include theme park, water park, fairground, zoo, drive-in theater, racetrack, driving range, or golf course.

"Recreation—outdoor limited" means outdoor recreation that does not include significant areas of outdoor lighting or major community events. Examples include miniature golf, swimming pool, tennis, batting cage, small band shell or amphitheater.

"Residential care—general" means a facility providing long term care, health services and residency, that admits residents on medical referral, and where medical, behavioral and rehabilitative care is necessary beyond normal business hours. Examples include nursing homes, assisted living centers, or other similar care facilities.

"Residential care—institutional living" means a facility offering long-term care for individuals residing on the site that need a high degree of services or monitoring, and where full-time staff are present on the premises at all times, and where the building(s) and site design emphasize the institutional function, secondary to the residential accommodations. Examples include treatment centers, hospice centers, homeless shelters, or other facilities with a high intensity of care or supervision.

"Residential care—limited" means a facility providing residential living, social programs and limited health care services for residents, where the social and healthcare services are accessory to the building(s) and site design emphasizing household living, where the social programs and health care services are limited accessory elements in terms of the function and extent, and where dedicated staff are present primarily during normal business hours. Examples include retirement villages or independent living communities.

"Service" means a service use providing professional or individual services and where frequent interaction with the general public, consumers or patrons occurs on the premises. This use type is broken into the following sub-classes based on scale and intensity:

"Service—general" means a service use where the gross leasable area is six thousand (6,000) square feet or more. Examples include a large spa or beauty complex, a copy or mail center, laundromat, large bank, or large medical offices or clinic.

"Service—limited" means a service use where the gross leasable area is under six thousand (6,000) square-feet. Examples include a neighborhood barber shop or hair salon, a small professional office (lawyer, accountant, architect, or travel agent), a small medical service such as a dentist or small doctor's office, a small bank, dry cleaners or tailor.

"Service—pawn shops and short-term lending" means a service used engaged in the business on providing non-depository credit for short term loans typically secured by car titles, paychecks, post-dated checks or personal property other than personal property affixed to real estate; or engaged in the business of lending money on the security of pledged goods, or the purchase of tangible personal property on the condition that it may be redeemed or repurchased for a fixed price within a fixed period of time.

"Vehicle/equipment service and repair—general" means a service use engaged in equipment and motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, that involves four or more vehicle service bays, where all work and storage of equipment and supplies occurs indoors, but where on-site or overnight storage of vehicles may involve nine or more cars on the lot. Examples include large mechanic shop, lubricant center, tire store, auto glass installation or audio or alarm installation or an auto body shop where the likelihood of overnight storage, outdoor storage and over-night or multi-day drop off is more likely.

"Vehicle/equipment service and repair—heavy" means a service use engaged in the maintenance and repair of motor vehicles, commercial vehicles or heavy equipment, and accessory retail sale of supplies and accessories, that is likely to involve larger outdoor storage areas for vehicles and supplies, and where larger multi-bay garages or warehouses are needed to conduct services.

"Vehicle/equipment service and repair—limited" means a service use engaged in motor vehicle maintenance and repair services, and accessory retail sale of supplies and accessories, but limited to small scale operations that involve no more than three vehicle service bays, and where all work and storage of equipment and supplies occurs indoors, and where on-site or overnight storage of vehicles is limited to no more than eight cars on the lot. Examples include a small neighborhood mechanic shop, lubricant center, tire store, auto glass installation or audio or alarm installation.

"Vehicle—parking (primary use)" means a service use offering surface or structured parking of vehicles, that is not accessory to another principle use of the site.

Industrial. The industrial category is the use of land and buildings engaged in the production, processing, storage or distribution of goods with potential impacts beyond the site due to the types of activities, the physical needs of the site or facility, the types of materials used, or the delivery and access operations, and which in typical formats and operations may not be compatible with other business uses. It includes the following types:

"Manufacturing—general" means an industrial use where byproducts such as noise, dust, smoke or odor are produced, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large scale manufacturing or fabrication plants, food production and manufacturing plants, metal fabrication plants, chemical laboratories or other similar high-intensity manufacturing or distribution operations.

"Manufacturing—heavy" means an industrial use capable of producing significant byproducts such as noise, dust, smoke or odor beyond the building or site, or where hazardous materials may be stored, used or produced as a typical part of the business, and distribution involves heavy truck, freight and machinery access. Examples include chemical, wood or metal storage and production, pressing and dying plants, asphalt or cement production, animal processing or other heavy or hazardous manufacturing operations.

"Manufacturing—light" means an industrial use where little or no byproducts such as smoke, odor, dust or noise are discernable from outside of the building, and where distribution and delivery needs occur through light to moderate commercial truck access. Examples include research labs or facilities, small equipment or commodity assembly, warehousing or wholesaling of consumer products, commercial bakery, non-retail laundry services, or similar businesses that provide products for support of other businesses.

"Manufacturing—limited/artisan" means a small-scale industrial use where activities produce little or no byproducts such as smoke, odor, dust or noised discernable from outside of the building, where deliveries and distribution are made by general consumer delivery services requiring no special large truck access, and where products are made available to the general public. Uses typically occupy buildings or spaces under ten thousand (10,000) square feet of gross leasable area. Examples include artists' studios, small wood or metal shops, craft manufacturing, small bakery or micro-brewery, or other similar small-scale assembly of finished products.

"Manufacturing—medical marijuana cultivation facility" means a facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or a medical marijuana infused products manufacturing facility.

"Manufacturing—medical marijuana infused products manufacturing facility" means a facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

"Manufacturing—medical marijuana testing facility" means a facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

"Manufacturing—medical marijuana transportation facility" means a facility certified by the State of Missouri to transport marijuana to a qualifying patient, a primary caregiver, or any other licensed medical marijuana facility.

"Natural resource processing and extraction" means the growth, harvesting, and preparation of byproducts of land (other than agriculture) for distribution and sale as a raw material in some other manufacturing process, where the growth and harvesting involves outdoor machinery operation or outdoor storage. Examples include a quarry, mining operation, oil or gas well, or wood storage yard.

"Storage and warehousing—indoor, general" means storage of consumer products or small-scale commercial products inside a building fifteen thousand (15,000) square feet or more. Examples include large mini-warehouses where all storage areas including those leased or rented to individual customers are accessed from inside the principal building, or general warehouses for consumer or commercial projects.

"Storage and warehousing—indoor, limited" means storage of consumer products or small-scale commercial products inside a building less than fifteen thousand (15,000) square feet. Examples include mini-warehouses where all storage areas including those leased or rented to individual customers are accessed from inside the principal building, or a small warehouse for consumer or commercial projects.

"Storage and warehousing—outdoor, general" means storage of consumer products or small-scale commercial products on an outdoor lot. Examples include contractor's yard, or similar facility where products used in other small business operations are stored for distribution.

"Storage and warehousing—outdoor, junkyard" means storage of commercial products or large-scale machinery on an outdoor lot to be bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. Examples include boat or RV storage, towing service storage yard, or similar large-scale storage lots and facilities.

"Waste processing" means an area dedicated to the storage, processing, treatment and distribution of waste products. Examples include landfills, recycling centers, transfer stations, and other similar uses.

Other Uses.

"Adult uses" means any use of property for specific uses more directly regulated and described in Chapter 5.08 of the city code.

"Helicopter ports or similar private landing areas" means the use of property for the take-off and landing of aircraft incidental to and in support of some other principal use of property. Examples are emergency aircraft landing areas, executive landing areas for corporate headquarters, or similar limited and private access airways.

"Wireless telecommunication facilities" means the use of property, whether principal use or accessory use, for any antenna, support structure, and roof and/or building mount facility used for communication purposes, and its accessory equipment. These uses are more specifically described and regulated by Section 17.32.020.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019; Ord. No. 9583, § 3, 7-5-2023, eff. 9-1-2023)

The following rules shall apply to the interpretation of measurements and dimensional standards:

A.

General Calculations. When calculations result in fractions it shall be rounded up to the nearest whole number if the standard is expressed as a minimum requirement, and rounded down to the nearest whole number if the standard is expressed as maximum allowance.

B.

Buildings. The following shall be used in interpreting dimensional standards for buildings:

1.

Building Coverage or Footprint. The percentage of the total area of the lot covered by buildings or roofed areas of principal and accessory buildings, measured along the wall at ground level, excluding the first four feet of any unenclosed roof overhangs. Building coverage may control the scale, mass or orientation of the building more than is established within the setback lines. It does not include any unroofed projections, surface parking, or uncovered patios, stoops or plazas.

2.

Building Height. Building height, when expressed as a dimension, is measured from the grade plane to highest point of a roof surface. Grade plane is a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plan shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than size feet from the building and a point six feet from the building. Building heights expressed in both dimension and stories shall use the additional story limits to impact the scale, form, and mass of the building within the permitted overall height.

3.

Building Setbacks. The minimum required distance between any lot line and the building. When front building setbacks are expressed as a range (i.e. ten (10) feet to twenty-five (25) feet), it shall be interpreted as a "build to" range, within which distance the front building line of the principal structure shall be established.

4.

Front Building Line. The line at which the forward most part of a building is established. When required or expressed as a range it means at least a portion of the front building must be established at that line or within that range, and must be established for the stated percentage of the frontage. Required front building lines are intended to create enclosure on the outer portion of the streetscape, in coordination with other buildings along the block face and on the opposing block face. Alterative or open allowances of this area allow for different active and social open spaces serve this enclosure purpose provided there are similar defining vertical features along the required building line.

5.

Story. The part of a building included between the surface of one floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of a floor and the ceiling next above. Story heights shall be:

a.

Eight feet to twelve (12) feet, generally;

b.

The first story for residential buildings should be nine feet to fourteen (14) feet;

c.

The first story in non-residential buildings should be twelve (12) feet to twenty (20) feet;

d.

Any story that has less than four feet of its height exposed above finished grade on the front elevation, or which has more than fifty (50) percent of its perimeter wall area measured from the finished floor elevation surrounded by finished grade shall not count as a story for the purpose of measuring building height.

6.

Story, Half. The space under a sloping roof that has a line of intersection of the roof and wall face not more than two feet above the floor level and in which the possible floor area with head room of five feet or more is sixty (60) percent or less of the total floor area of the story directly beneath.

7.

Transparency. When referring to the design of building façades is the percentage of windows and doors on the façade intended for two purposes: (1) to break up the scale and massing of the façade and related the building to the streetscape and public spaces; and (2) to provide connections, visual and perceived, between the activities on the site and the public streetscape or spaces. Therefore, transparency has two measurements, the percentage of the overall façade, measured at each story, and the degree of interaction which is typically the clarity of the glass. The clarity is met by a minimum visible light transmission (VLT = the percent of total visible light that is transmitted through a glazing system) of sixty (60) percent and a maximum visible light reflectance (VLR p the percent of total visible light that is reflected by a glazing system) of fifteen (15) percent. For upper story windows these measures may be forty (40) percent and twenty (20) percent respectively.

C.

Lots. The following shall be used in interpreting dimensional standards for lots:

1.

Lot Area. The minimum required area of a horizontal plane bounded by the vertical planes through front, rear and side lot lines, or when expressed as a range it shall be interpreted as a minimum and a maximum.

2.

Lot Depth. The horizontal distance between the front and rear lot lines measured at right angles to the front right-of-way lines. Where the front and rear lines are not approximately parallel, the lot depth shall be the average when measured from at least three different points along the front lot line, including the two corners at the front lot line.

3.

Lot Frontage. The portion of the lot that establishes the relationship between the building and other site elements and the public realm or street upon which the lot fronts. When expressed as a linear dimension, the horizontal distance between side lot lines, measured at the front lot line. Where the front lot line abuts a curved right-of-way, the lot frontage requirement may be applied at the front building line for purposes of regulating the dimensions of lots. When expressed as a percentage, the maximum percentage of that frontage width applied to the entire depth of the frontage area.

4.

Lot Lines. The property boundary line of any lot, including the following:

a.

Front is the lot line between the lot and the street that provides primary access to the lot, except where the lot fronts on an alternative public or common space, the lot has alternative secondary access via an alley or side street, or the lot is interpreted as one of the alternative corner orientations.

b.

Rear is any lot line that is not a side or front lot line.

c.

Side is any boundary of a lot which intersects with a front lot line.

5.

Lot Width. The horizontal distance between the side lot lines, typically measured at the front lot line, but for irregular lots it may be measured at the front building line.

6.

Corner Lots. When applying building, lot and frontage standards to corner lots, lots can be arranged in one of three patterns based on the context of the block and abutting lots:

a.

Standard Corner. The building orients to the front of all other buildings fronting on the same street, and an expanded street-side setback may apply. Side and rear setbacks apply to the remaining sides.

b.

Reverse Corner. The building orients to the end-grain of the block, and the front setback and frontage design applies to that side, and the street-side setback can be the greater of (a) the stated street-side setback for that building type or (b) ten (10) feet in front of the forward most point of the front building line of the abutting lot. Side and rear setbacks apply to the remaining sides.

c.

Corner Orientation. The building orients to both streets, with the front setback and frontage design applying on both street sides. The two remaining sides are treated as side setbacks and there is no rear setback.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

All terms used in these regulations shall have their commonly accepted meaning based upon the context of their use within this code. The following terms shall have the meaning given below, unless more specifically described, limited or qualified within the standards of this code.

"Alley" means a right-of-way or easement on a remote section of a lot, typically mid-block and to the rear of the lots, offering access to the lot, typically used to preserve pedestrian-oriented streetscapes or human-scale frontages or to locate service areas of the lot to the rear.

"Alteration" means any addition, removal, extension or change in the location of any exterior wall of a building, but which may exclude ordinary maintenance.

"Basement" means a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height above the average grade of the adjoining ground.

"Block" means a tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way or shorelines of waterways or corporate boundary lines.

"Building" means anything constructed for shelter or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.

"Building, accessory" means a subordinate building located on the same lot and incidental to the principal building or use of property.

"Building, principal" means any non-accessory building.

"Building, temporary" means any building not designed to be permanently located, placed or affixed in the place where it is.

"Church/place of worship" means building(s) primarily used for public religious worship and associated religious functions (education, fellowship, etc.), including synagogues and temples.

"Decibel" means a unit of measure of the intensity (loudness) of sound. As used in this title, decibel levels shall be measured on the "A scale" and referred to as "dB(A)."

"Development" means the division of a parcel into two or more parcels; the construction, reconstructing, conversion, structural alteration, relocation or enlargement of any structure; and mining, excavation, landfill or land disturbance; or any use or extension of the use of land.

"Drainage courses" means any natural or artificial water course, trench, ditch, swale or similar depression into which surface water flows.

"Driveway or internal drive aisle" means a means of vehicle access to or through an area that is owned and maintained by the owner of the property it services, but which in some circumstances may be required to be designed to accommodate multi-modal access or otherwise mimic the design qualities of public streetscapes or other public access ways.

"Dwelling" means a building or portion of a building intended for occupancy for residential purposes but not including hotels, motels, rooming houses, residential care facilities, tourist homes or trailers.

"Dwelling unit" means one or more rooms constituting all or part of a dwelling which are arranged, designed, used or intended for use exclusively as a single housekeeping unit for one family, and which include cooking, living, sanitation and sleeping facilities.

"Family" means one or more persons, each related to the other by blood, marriage or legal adoption, or group of not more than four persons not so related, and maintaining a common household and using one set of kitchen facilities in a dwelling unit. A family may include not more than two roomers, boarders, or permanent guests not part of the common household, whether or not gratuitous.

"Finished grade" means the elevation of the ground after development.

"Floor area" means the total area of the building, expressed in square feet, measured from the exterior surface of outside walls, and including mezzanines, upper floors, whether finished or not, from which is subtracted the floor area of elevator shafts, mechanical rooms or similar non-leasable and utilitarian spaces essential to the function of the building.

"Infrastructure or public improvements" means public or common facilities and services needed to sustain uses of buildings and property.

"Lot" means a parcel of land with boundaries designated by plat, subdivision or otherwise permitted by law, to be separately owned, used, developed or built upon.

"Manufactured home" means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" but may include "mobile homes" provided they meet all laws and standards applicable to manufactured homes.

"Manufactured home community, park or subdivision" means a tract of land having a system of utilities including water supply, sanitary sewers, power and communication services, which utilities are available to sites for locating manufactured homes on a temporary, interim or permanent basis.

"Non-owner-occupied" means a dwelling unit that is not occupied by the owner as their primary residence.

"Noxious matter" means material which is capable of causing injury or physical discomfort to living organisms by chemical reaction or is capable of causing detrimental effects upon the health or the psychological, social or economic well-being of humans.

"Owner" means any natural person who, alone or with others, has legal or equitable title to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.

"Owner-occupied" means a dwelling unit that is occupied by the owner as their primary residence.

"Particulate matter" means material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature or pressure.

"Party wall" means a wall which is common to [but] divides contiguous buildings; such a wall contains no openings and extends from its footing below the finished ground [grade] to the height of the exterior surface of the roof.

"Performance standard" means a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards or glare, heat, visual or operational impacts, or other effects generated by or inherent in uses of land and buildings.

"Permit" means written governmental permission issued by an authorized official, empowering the holder to do some act not forbidden by law, but not allowed without such authorization.

"Rights-of-way" means a strip of land acquired by reservation, dedication, prescription, purchase or other legal means and intended to be occupied by a public facility for transportation, urban design, utility, recreation or other common or public use with the right to pass over the property for intended purposes.

"Ringelmann chart" means a chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke.

"Smoke units, number of" means the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purposes of this calculation, a Ringelmann density reading is made at least once every minute during a period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke [units] observed during the total period under observation.

"Sound level meter" means an instrument standardized by the American Standards Association for measurement of the intensity of sound.

"Structure" means anything erected, the use of which requires more or less permanent location on, above or below the ground, or attached to something having permanent location on the ground.

"Toxic material" means a substance (liquid, solid, or gaseous) which by reason of an inherent deleterious property when emitted in any amount is injurious to living organisms of plants, animals, or human beings.

"Travel trailer or recreational vehicle" means a portable structure mounted on wheels or on a motorized chassis, including converted buses, and which is normally used as sleeping quarters and shelter while travelling, but not as a dwelling.

"Use" means the purpose or activity for which the land or building is designed, arranged or intended, or for which it is occupied or maintained.

"Yard" means an open space on a lot which is generally unoccupied and unobstructed from ground level to the sky, except as otherwise permitted in this title. A yard extends along a lot line and at right angles to the line to a deputy or width specified in the building and development regulations.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019; Ord. No. 9583, § 4, 7-5-2023, eff. 9-1-2023)