Certain words and phrases used in this Ordinance have meanings ascribed to them in this Article. If not defined in this Article or elsewhere in this Ordinance, words and phrases have the meaning established by the City Code, Building Code, Subdivision Regulations other adopted City regulations or standards, the Alabama State Code, or the Alabama Administrative Code. Otherwise, the conventional meaning of the term applies.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

2.02.01.

The Zoning Official is authorized to make a final determination of the meaning of any word or phrase used in this Ordinance.

2.02.02.

In the interpretation of this Ordinance, the provisions of this Section must be observed and applied, except when the context clearly requires otherwise. In the case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, or table, the text controls. Words used or defined in one tense or form include other tenses and derivative forms. Words in the singular number include the plural number and words in the plural number include the singular number. The masculine gender includes the feminine, and the feminine gender includes the masculine.

A.

The words "must" and "shall" are mandatory and not merely directory.

B.

The word "may" is permissive. When used in the negative, it is prohibitive (e.g., "may not" means "prohibited").

C.

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

D.

The word "structure" includes the word "building."

E.

The words "used" or "occupied," as applied to any land or structure, include all modifying words such as "intended," "arranged," or "designed" to be used or occupied.

F.

The word "Northport" refers to The City of Northport, Alabama.

G.

The words "City Council" or "Council" refer to the City Council of Northport.

H.

The words "Planning Commission" or "Commission" refer to the Northport Planning Commission.

I.

The word "Board" refers to the Board of Zoning Adjustment of the City of Northport.

J.

The words "Planning Director" or "Director" refer to the City of Northport Director of Planning and Inspections.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

The following abbreviations are used in this Ordinance and are intended to have the following meanings:

(Ord. No. 2249, 1(Exh. A), 12-16-24)

When used in this Ordinance, the following terms shall have the meanings herein ascribed to them:

2.04.01.

ACCESS: Any means of ingress or egress to a property for pedestrians or vehicles.

A.

LEGAL ACCESS: The form of access which qualifies a development site for a building permit or certificate of occupancy, attesting that such property is legally accessible from a public street by means of direct road frontage or a recorded easement across one or more intervening properties. See Section 3.10.06, Access.

2.04.02.

ACCESSORY STRUCTURE: A detached subordinate structure or building, located on the same lot as the principal structure, the use of which is clearly incidental to that of the principal structure. See Section 3.04.04, Accessory Uses and Structures.

2.04.03.

ADJACENT: Either adjoining or on the opposite side of a street or other w that separates it from the subject property. Properties separated by an interstate or railroad are not considered "adjacent."

2.04.04.

ADJOINING: Having a common border with or being separated from such common border by an alley or easement.

2.04.05.

ADULT NOVELTY STORE: Any business that has more than 50% of its inventory, stock-in-trade, or publicly displayed merchandise in Sexually-Oriented Novelties and does not feature live entertainment.

2.04.06.

AGRICULTURE or AGRICULTURAL USE: Category of uses including the production, harvesting, boarding or maintenance, for sale, lease, or personal use, of plants and animals, including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and products; poultry and poultry products; the keeping, raising and breeding of livestock; bees and apiary products; fur animals; trees and forest products; fruits, nuts and vegetables; plants and flowers; or lands that are devoted to soil conservation or forestry management.

2.04.07.

AGRICULTURAL SUPPORT: Category of uses including, but not limited to, farm equipment sales and repair, farm produce sales and supply (feed, grain, fertilizer), and farm product processing (cider mills and dairies but not poultry or meat processing).

2.04.08.

ALLEY: A vehicular way, other than a street, used or shown on any recorded description of the subject parcel not more than 20 feet wide and which affords a means of access to adjoining property.

2.04.09.

ALTERATION or ALTERED: Any addition to the height, width, or depth of any structure; or any change in the location of any of the exterior walls. A structure is considered altered when it is repaired, renovated, remodeled or rebuilt at a cost in excess of 50% of its fair market value prior to the commencement of such repairs, renovation, remodeling, or rebuilding.

2.04.10.

ALTERNATIVE FINANCIAL SERVICE: A check cashing business, payday advance or loan business, money transfer business, car title loan business, pawn shop, title pawn business or similar business engaged in non-traditional short-term lending. This term does not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies and retail sellers that cash checks or issue money orders incidental to the main business.

2.04.11.

AMATEUR RADIO TOWER: A tower with one or more antennas connected to radio equipment operated by a licensed amateur radio operator in accordance with applicable FCC laws and regulations.

2.04.12.

ANIMAL SHELTER: A nonprofit or public establishment providing shelter for dogs, cats and other small domestic animals.

2.04.13.

ANTENNA: Electronic devices, whose purpose is to receive or transmit signals directly from ground-based sources, which are freestanding or mounted on a structure.

2.04.14.

APPEAL: A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this Ordinance as expressly authorized by the provisions of Section 14.02, Administrative Appeals.

2.04.15.

APPLICABLE DISTRICT: That zoning district in which the subject site, use or structure exists or is proposed to be located.

2.04.16.

APPLICANT: An individual submitting an application for development, a variance, special exception, rezoning or other approval under this Zoning Ordinance and who is duly authorized to submit such application. An applicant may be the property owner or any person having written authority from the property owner, where such authorization is in a form acceptable to the Director.

2.04.17.

APPLICATION: A form provided by and submitted to the Department of Planning for approval of a development, landscape plan, variance, special exception, rezoning or other approval under this Zoning Ordinance.

2.04.18.

APPROVING AUTHORITY: That official or body empowered to act on a request or matter pursuant to Alabama law and the provisions of this Ordinance or the Subdivision Regulations, which includes, but is not limited to: 1) for building permit applications and plans requiring only administrative approval, the Director; 2) for plans involving a special exception or variance, the Board of Adjustment; 3) for conditional uses or rezoning, the Council; 4) for subdivision plats, the Planning Commission.

2.04.19.

ARTISANAL MANUFACTURING: A business that makes high-quality or distinctive products in small quantities, usually by hand. Application, teaching, making, or fabrication of crafts or products by an artist, artisan or craftsperson either by hand or with minimal automation, including activities and processes such as small-scale fabrication, welding, and coating, and which may include direct sales to consumers.

2.04.20.

ASSISTED LIVING FACILITY: A facility licensed as such by the Alabama Department of Public Health that provides rooms, meals, personal care, and supervision of self-administered medication, excluding Group Homes.

2.04.21.

ATTIC: The non-habitable part of a building immediately below, and wholly or partly within, the roof framing.

2.04.22.

AUTOMOBILE REPAIR:

A.

MAJOR AUTOMOBILE REPAIR: The repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities and which often involve vehicles being kept on the premises overnight.

B.

MINOR AUTOMOBILE REPAIR: Sales, installation, and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, wheel alignment, tire replacement and balancing, brake and muffler work, battery charging or replacement and similar activities, but excluding those activities included in the definition of Major Automobile Repair.

2.04.23.

AWNING: A roof-like structure attached to and hanging from a vertical surface of a building without any other support from the ground and consisting of a frame and a covering of cloth, vinyl or similar material.

2.04.24.

BAKERY:

A.

MAJOR BAKERY: An establishment that bakes goods primarily for wholesale and that may include storage and distribution facilities.

B.

MINOR BAKERY: An establishment that bakes goods for only on-premises retail sales or catering.

2.04.25.

BAR: Any place or premises in which alcoholic beverages of all types are offered for sale for on-premises consumption other than a RESTAURANT-BAR or BREWPUB.

2.04.26.

BARN: A building used for storing grain, hay or straw or for housing livestock.

2.04.27.

BASEMENT: A portion of a building having one-half or more of its floor-to-ceiling height below grade level and having a floor-to-ceiling height of at least 6.5 feet.

2.04.28.

BED AND BREAKFAST: A detached single-family dwelling or portion thereof providing short term lodging accommodations and meals for the traveling public for a fee, all in accordance with Section 7.05, Bed and Breakfast.

2.04.29.

BEDROOM: A room marketed, designed, or otherwise intended to function primarily for sleeping and meeting Building Code requirements for such use.

2.04.30.

BOARDING HOUSE: A dwelling in which the proprietor supplies for a fee sleeping accommodation with board for no more than five persons exclusive of the proprietor and their family, but which does not include a Bed and Breakfast.

2.04.31.

BORROW PIT: an area from which soil or other unconsolidated materials are removed to be used, without further processing, for construction purposes.

2.04.32.

BREWERY: Any premises licensed by the City to engage in the manufacture of malt or brewed alcoholic beverages, including receiving, storage, or warehousing of such beverages.

2.04.33.

BREWPUB: Any premises on which malt or brewed alcoholic beverages are manufactured or brewed for consumption on the premises or for sale to wholesaler licensees, all in accordance with § 28-4A of the Code of Alabama, as amended.

2.04.34.

BUFFER: An area of land, including landscaping, berms, walls, fences and building setbacks, or any combination thereof, located between land uses of different character and intended to mitigate negative impacts of the more intense use on the adjoining parcel.

2.04.35.

BUILDABLE AREA: Designated area within a lot, as shown on a subdivision plat for zero lot line, single family attached, and twin house development, wherein all principal and accessory structures, including swimming pools, will be built, except fences or walls enclosing yards or patio areas.

2.04.36.

BUILDING: A structure built, maintained, or intended for use for the shelter or enclosure of persons, animals, or business activity. The term is inclusive of any part thereof.

2.04.3.7

BUILDING AREA: The portion of the lot occupied by the principal building, including carports, porches, accessory buildings and other structures.

2.04.38.

BUILDING CODE: The most recent building, residential construction, electrical, property maintenance and fire-related codes adopted by the City of Northport.

2.04.39.

BUILDING FRONTAGE: The percentage of the lot frontage enclosed by building calculated by dividing the length of the building by the length of the lot frontage.

2.04.40.

BUILDING HEIGHT: See Height of Structure.

Figure 2-1 Building Lines

2.04.41.

BUILDING LINE: A line shown on a plat indicating the minimum allowable distance between any structure and a lot line, as established by requirements of the developer and/or this Ordinance.

A.

FRONT BUILDING LINE: A line, generally parallel to the front lot line, at the closest point between the principal building and the front lot line.

B.

REAR BUILDING LINE: A line, generally parallel to the rear lot line, at the closest point between the principal building and the rear lot line.

2.04.42.

BUILDING OFFICIAL: The Chief Building Inspector of the City of Northport or their designee.

2.04.43.

BUSINESS or PROFESSIONAL OFFICE: One or more rooms used for conducting the affairs of a business, profession, service, or industry and generally furnished with desks, tables and communications equipment. Includes call centers and medical, dental and similar healthcare offices for outpatient care on an appointment basis, including clinics with multiple practitioners. Governmental offices are categorized as Public Facilities.

2.04.44.

BUSINESS SUPPORT SERVICE: A business which supplies support services primarily to other businesses, such as sales of office equipment, supplies and services; printing services; computer and office equipment repair; and similar services.

2.04.45.

CALIPER: The American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four-inch caliper size, and as measured at 12 inches above the ground for larger sizes.

2.04.46.

CAMPGROUND: Land on which one or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation, education or vacation purposes only. See also Recreational Vehicle Park.

2.04.47.

CANOPY: A roof-like cover extending over a pedestrian way, vehicular area or right-of-way as a shelter or shield. In contrast to Awnings, Canopies may be freestanding, typically have a flat profile and are constructed of rigid materials.

2.04.48.

CARPORT: An unenclosed and covered space for the private use of the owner or the occupant of a principal building and situated on the same lot as the principal building, intended for the storage of motor vehicles, whether or not it is used for such purpose, with no facilities for mechanical service or repair of a commercial or public nature.

2.04.49.

CELLAR: An uninhabited room used for storage, usually beneath the ground or under a building.

2.04.50.

CERTIFIED SURVEY: Scaled drawing of a parcel or lot, showing property lines, dimensions, building locations, and other features of the property, which has been signed and sealed by a professional surveyor licensed in the State of Alabama.

2.04.51.

CITY: The City of Northport, Alabama.

2.04.52.

CITY CODE: The Code of Ordinances of the City of Northport, Alabama, as amended.

2.04.53.

CITY COUNCIL: The City Council of Northport, Alabama.

2.04.54.

COMMERCIAL SCHOOL: A private, gainful business providing instruction in arts, business, crafts, trades or professions.

2.04.55.

COMMISSARY: A building or portion thereof where food is prepared for catering or mobile food vendor operations excluding on-site dining of food prepared.

2.04.56.

CONDITIONAL USE: A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Commission and granting of conditional use approval by the Council imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity.

2.04.57.

CONSTRUCTION SERVICE:

A.

MAJOR CONSTRUCTION SERVICE: A business engaged in construction-related trade activities with outdoor storage such as a building contractor, electrician, plumber or similar trade.

B.

MINOR CONSTRUCTION SERVICE: A business engaged in construction-related trade activities with only incidental outdoor storage such as a building contractor, electrician, plumber or similar trade excluding any building supply sales. For construction services, outdoor storage is considered "incidental" if it does not exceed, in area, the gross floor area of the principal structure.

2.04.58.

COMMUNITY CENTER: A building providing space for meetings, recreation or a combination of these and that is operated by a nonprofit organization.

2.04.59.

COUNTRY CLUB: Land or buildings containing golf courses, tennis courts, pools or similar recreational facilities for use by fee-paying private club members and their guests.

2.04.60.

CRITICAL ROOT ZONE: An area on the ground around a tree that is within the drip line of a tree.

Figure 2-2 Cross Access

2.04.61.

CROSS ACCESS: The use of a driveway within private property to interconnect two or more adjoining properties. See Figure 2-2.

2.04.62.

DAY CARE CENTER: A building and premises licensed by the ADHR for the care of seven or more persons for only part of the day. This term also includes day care services for seven or more persons provided by an organization that is specifically exempted from ADHR license requirements.

2.04.63.

DECK: An open, uncovered platform built above grade and attached to a building.

2.04.64.

DEDICATION: The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee interest, including an easement.

2.04.65.

DENSITY, GROSS: The total number of dwelling units divided by the gross area of the site, expressed as dwelling units per acre.

2.04.66.

DEPARTMENT: The Department of Planning and Inspections of the City of Northport, Alabama, except where clearly intended otherwise by context.

2.04.67.

DESIGN CAPACITY or OCCUPANCY: In reference to parking requirements, the maximum number of persons that may be accommodated by the use as determined by its design or by fire code regulations, whichever is greater.

2.04.68.

DEVELOPER: Any person, firm, partnership, corporation or other legal entity engaged in or seeking to engage in development activity as herein defined.

2.04.69.

DEVELOPMENT: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which an approved development plan is required pursuant to this Ordinance or other regulations, codes and ordinances of the City and any changes or improvements such as curb and gutter, storm drainage structures and facilities, public or private streets, sidewalks, and the installation of utilities.

2.04.70.

DEVELOPMENT PLAN, GENERAL: A conceptual plan, meeting the requirements for Performance Residential Developments and depicting a mixture of land uses, open spaces, streets and other improvements for showing an entire development site and all component stages or phases which express the overall development concept for the site at build-out.

2.04.71.

DEVELOPMENT SITE: One or more parcels of land included in a single development plan, which constitutes the entire area of development shown on a site plan or subdivision plat. The development site includes all land needed for required open space, buffers, landscaping, parking, internal access roads or driveways, and other physical design features needed to serve the proposed development.

2.04.72.

DIRECTOR: The Director of Planning of the City of Northport or his/her designee.

2.04.73.

DRAINAGE: The removal of surface water or ground water from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water-supply preservation or prevention or alleviation of flooding.

2.04.74.

DRAINAGEWAY: Minor watercourses, natural or man-made, that are defined either by soil type or the presence of intermittent or perennial streams.

2.04.75.

DRIP LINE: A vertical line extending downward from the outermost tips of the tree branches to the ground.

2.04.76.

DWELLING or DWELLING UNIT: One or more rooms in the same building, connected and constituting a separate, independent housekeeping unit for permanent residential occupancy and with facilities for sleeping and cooking and physically separated from any other dwelling units that may be within the same building. All rooms within the dwelling unit have internal access. Each dwelling unit has no more than one electrical meter. Refer also to Sec. 3.02.04 Standards Applicable to Certain Uses.

Dwellings are further categorized as:

A.

ACCESSORY DWELLING: A subordinate, independent dwelling unit located on the same lot as a Single-Family Detached Dwelling, whether attached to or detached from the principal dwelling.

B.

CARETAKER DWELLING: A residence for an on-site manager, watchman or caretaker employed on the premises and that is incidental to a principal use, including mini-warehouses, junkyards, funeral homes, places of worship, major institutional uses.

C.

DUPLEX: A residential structure, divided horizontally or vertically, and designed for or occupied by two dwelling units contained entirely under one roof on one lot.

D.

MULTIFAMILY DWELLING: A dwelling within a building containing three or more dwelling units.

E.

SINGLE-FAMILY DWELLING, DETACHED: A residential structure, completely separate from all other structures, designed to house one family as a single housekeeping unit, with each dwelling located on its own lot.

F.

TOWNHOUSE: A residential structure sharing a common wall with at least one other unit in a structure consisting of not less than three dwelling units and having no other dwelling unit directly above or below.

G.

TWIN HOUSE: A residential structure sharing a common side wall with one other unit in a structure containing no more than two units, with each dwelling located on its own lot.

H.

UPPER-STORY DWELLING: A dwelling unit located on a floor above a use of a nonresidential use in the same building.

I.

ZERO LOT LINE DWELLING: A single-family detached dwelling located on a lot so that one of the dwelling's sides rests on a lot line, with each dwelling located on its own lot.

Figure 2-3 Dwelling Types

2.04.77.

EASEMENT: Authorization by a property owner of the use by another and for a specified purpose of a designated part of the property. Only easements that have been created through a valid legal instrument and recorded in the Office of the Judge of Probate of Tuscaloosa County and those that have been established by the City through continuous historic use are recognized under this Ordinance.

2.04.78.

EMPLOYEE: In reference to parking requirements, the maximum number of persons employed at the facility regardless of the time period during which this occurs or whether the persons are full-time employees. The major shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.

2.04.79.

ENGINEER: A professional engineer registered and in good standing with Alabama Board of Licensure for Professional Engineers and Land Surveyors.

2.04.80.

ENTERTAINMENT:

A.

INDOOR ENTERTAINMENT: An establishment providing spectator entertainment within an enclosed building, including, but not limited to, movie theaters, playhouses and live music venues.

B.

OUTDOOR ENTERTAINMENT: An establishment providing spectator entertainment in open or partially enclosed or screened facilities, including, but not limited to, sports arenas, racing tracks (e.g., auto, dog, harness, horse, motorcycle), amphitheaters and drive-in theaters.

2.04.81.

ENTERTAINMENT-ADULT: Any business that engages for any length of time in a sexually-oriented use or any other use that emphasizes Specified Sexual Activities or Specified Anatomical Areas, including, but not limited to, adult arcades and movie theaters, adult cabarets, and adult bookstores that meet any of the following criteria, measured on a daily, weekly, monthly or annual basis: 1) offers live performances that involve Specified Sexual Activities or Specified Anatomical Areas, 2) has more than 25% of its inventory, stock-in-trade, or publicly displayed merchandise in Sexually-Oriented Media or Sexually-Oriented Novelties, 3) devotes more than 25% of its floor area (not including storage areas, bathrooms, basements, or any portion of the business not open to the public) to the sale, rental, display or presentation of Sexually-Oriented Media or Sexually-Oriented Novelties, 4) derives more than 25% of its gross revenue from Sexually-Oriented Media or Sexually-Oriented Novelties.

A.

SEXUALLY-ORIENTED NOVELTIES: Any objects or devices that contain, depict, stimulate or describe Specified Sexual Activities or Specified Anatomical Areas; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation.

B.

SEXUALLY-ORIENTED MEDIA: Books, video and other media that contain, depict, stimulate or describe Specified Sexual Activities or Specified Anatomical Areas; are marketed for use in conjunction with, or are primarily used only with or during specified sexual activities; or are designed for sexual stimulation.

C.

SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered human genitals, pubic area, buttocks, anus, or female breast below a point immediately above the top of the areola; and human male genitals in a state of sexual arousal, whether or not completely and opaquely covered.

D.

SPECIFIED SEXUAL ACTIVITIES: Activities including actual or simulated sexual intercourse; clearly depicted human genitals in the state of arousal; touching of Specified Anatomical Areas; inflicting pain or physical restraint of a person for the purposes of sexual stimulation; or sexually oriented contact with an animal by a human being.

2.04.82.

EXTENDED CARE FACILITY: A short- or long-term care facility, other than a hospital, providing skilled nursing care and related services and physical therapy services under the supervision of a doctor, to persons convalescing from illness, including nursing homes and similar homes for the aged.

2.04.83.

EXTRACTION: Extraction of gas, minerals, and similar natural resources including surface, subsurface, underground and strip-mining operations and associated processing and disposal of tailings, spoils and other waste.

2.04.84.

FAÇADE: A building elevation visible from and most nearly parallel to an adjoining street or that building elevation containing the primary public entrance to a building or tenant space, whether or not the building elevation is parallel to the adjoining street. Where specified, a "Street Façade" is that façade along the adjoining street.

2.04.85.

FAMILY: Either of the following occupying a dwelling and living as a single housekeeping unit:

A.

One or more persons related by blood, marriage, adoption or guardianship plus one unrelated person.

B.

No more than three persons not related by blood, marriage, adoption or guardianship.

2.04.86.

FAMILY DAY CARE HOME: A detached single-family dwelling licensed by the ADHR for the care of six or fewer children or adults for only part of the day.

2.04.87.

FENCE: An artificially constructed barrier of any kind, other than a building, erected to enclose, delineate or screen a property or portions thereof.

2.04.88.

FENESTRATION: Windows, glass curtain wall and doors on a building elevation.

2.04.89.

FILLING: The depositing of sand, gravel, earth, or other materials to alter the elevation of a given site.

2.04.90.

FLAG LOT: A parcel that does not meet the minimum lot width requirement at the minimum front yard setback, measured from the street right-of-way line, but has access to a public street through a narrow strip of land that is part of the same lot.

2.04.91.

FORESTRY: Uses including commercial logging and pulping operations, clearing or destruction of forested or woodland areas, selective cutting or clearing for commercial or other purposes, clearing for agriculture or other prospective land uses, and clearing of vegetation in reserved open space or resource protection areas. This does not include authorized clearing in accordance with plans approved pursuant to this Ordinance, removal of sick or dead trees, or removal of trees on non-contiguous lots of one acre or less.

2.04.92.

FRONTAGE or STREET FRONTAGE: That portion of a lot adjoining a street or the length of a lot measured along the adjoining street right-of-way line. For lots with multiple front lot lines, the combined length along all street rights-of-way.

2.04.93.

GARDEN CENTER: A place of business where garden-related products and produce, including plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, garden and farm tools and utensils are sold to the retail consumer. Garden centers may include nurseries and greenhouses.

2.04.94.

GARAGE: A deck or building, or part thereof, used or intended to be used for the parking and storage of motor vehicles.

2.04.95.

GAS STATION: Buildings and premises where automotive fuels are dispensed at retail. Businesses that provide maintenance repair services are classified as Automobile Repair Services.

2.04.96.

GENERAL COMMERCIAL: Category of commercial uses, as distinguished from retail, entertainment and recreation categories, that occur primarily within enclosed buildings, including, but not limited to: blueprint and copy stores; currency exchanges; service businesses (e.g., catering, duplicating, photography, travel agency, upholstering); upholstery stores; carpet and rug cleaning plants; and equipment rentals without outdoor display.

2.04.97.

GRADING: Altering the shape of the ground surfaces to a predetermined condition, including stripping, cutting, filling, stockpiling and shaping or any combination thereof and including the land in its cut or filled condition.

2.04.98.

GRADE LEVEL: For buildings, the average level of the finished grade at the front building line. For trees, landscaping, light fixtures and signs, the level of finished grade at the base of the tree, plant, fixture or sign.

Figure 2-4 Grade Level

2.04.99.

GROSS FLOOR AREA (GFA): The sum of the floor area of each story of a building measured from the exterior limits of the faces of the structure. Gross Floor Area includes owned and leased spaces but does not include common areas within multi-tenant buildings unless otherwise specified in this Ordinance. Gross Floor Area includes basements and the habitable floor area of attics as determined by Building Code standards. It does not include cellars, unenclosed porches nor any floor space designed for vehicle parking.

2.04.100.

GROUP HOME: A dwelling for the care of up to ten persons living together as a single housekeeping unit under the supervision of one or more caregivers or resident managers. In addition to providing food and shelter, Group Homes may also provide some combination of personal care, social or counseling services, and transportation. A Group Home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or legal guardians. Facilities providing housing for more than ten persons are categorized as Residential Care Facilities. Dwellings providing housing for no more than three persons and where there are no resident caregivers or managers are not considered Group Homes.

A.

FAMILY CARE HOME: A state-licensed Group Home providing long-term housing for no more than ten socially, physically, mentally, or developmentally impaired persons, in accordance with Sec. 11-52-75.1 of the Code of Alabama, 1975 as amended. Family Care Homes for children are regulated by the ADHR. Family Care Homes for adults are regulated by the ADPH. When providing housing and care for more than ten persons, such facilities are categorized as Extended Care Facilities.

2.04.101.

GROUP DAY CARE HOME: A detached single-family dwelling, licensed by the ADHR for the care of at least seven, but no more than 12, children for only part of the day.

2.04.102.

GUEST ROOM: A room used or intended for use by guests for sleeping purposes in a Bed and Breakfast, Hotel, Motel or other lodging establishment.

2.04.103.

HEDGE: A row of closely planted shrubs, bushes or any kind of plant forming a boundary or fence.

2.04.104.

HEIGHT OF STRUCTURE: The height of a structure measured from grade level to the highest point of the parapet of a flat roof or to the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip and gambrel roofs. Spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, mechanical equipment or other such structures, unless otherwise specified by this ordinance, placed above the roof levels and not intended for human occupancy are not subject to the height limitations.

Figure 2-5 Building Height

2.04.105.

HISTORIC DISTRICT: The Northport Historic District, as designated by ordinance of the Northport City Council.

2.04.106.

HOME OCCUPATION: A business, profession, occupation, or trade conducted for gain or support and located entirely within a residential building, which use is accessory and incidental to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building.

2.04.107.

HOTEL: A building, or portion thereof, containing sleeping units occupied on a daily or short-term basis, which are accessed from the interior of the building. A hotel may include a restaurant; meeting, banquet or ballrooms; fitness centers, and one self-contained dwelling unit for the use of a resident manager.

2.04.108.

HUD CODE: The National Manufactured Housing Construction and Safety Standards Act of 1974 and as amended by the Manufactured Housing Improvement Act of 2000, Title VI 42 U.S. Code, Section 603(6).

2.04.109.

INDUSTRIAL or INDUSTRIAL USE: Category of use including, but not limited to, asphalt or concrete mixing plants; bulk material or machinery storage (unenclosed); fuel generation plants; grain elevators; meat packing plants or slaughterhouses; recycling facilities; truck, motor, or rail terminals; dyeing plants; food processing and packing plants; lumber yards; pilot plants; scientific (e.g., research, testing, or experimental) laboratories; also, any industrial use having 30,000 or more sf of floor area or having 100 or more employees on any shift, and all other industrial uses. Industrial uses have potential for negative impacts on adjacent uses, including, but not limited to, noise, vibration, odor, smoke and dust; and may involve large amounts of exterior storage.

2.04.110.

IMPERVIOUS SURFACE: A surface that does not absorb water. Buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt are impervious surfaces.

2.04.111.

IMPERVIOUS SURFACE RATIO (ISR): A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a development site by the site area. Impervious surface measurements exclude the water surface area of swimming pools.

2.04.112.

INDEPENDENT LIVING FACILITY: A residential facility for the elderly that may provide meals, housekeeping, linen service, transportation, social and recreational activities and similar services. Such facilities do not provide, in a majority of the units, assistance with or supervision of medication, bathing, dressing, toileting and other activities of daily living.

2.04.113.

INSTITUTION or INSTITUTIONAL USE: Category of uses involving structures or land occupied by a group, cooperative, or other entity created for nonprofit purposes or for public use or services. Governmental facilities are separately defined as PUBLIC FACILITIES. Institutional uses are further categorized as shown in the table below. Institutions with on-premises housing and institutional facilities involving outdoor storage, work yards, or warehousing are considered Major Institutions.

2.04.114.

INTERNAL ACCESS: Physical design of a dwelling unit in which the kitchen, bathrooms, and all other rooms intended for human habitation, are connected internally.

2.04.115.

JUNKYARD: Any land or structure used for the storage, sale, dismantling or other processing of used or waste material, including, but not limited to, waste paper, rags, scrap metal, and discarded materials. A premises engaged in the collection, dismantlement, storage and/or sale and salvage of two or more unlicensed, inoperative vehicles and parts therefrom. Does not include Recycling Center or Recycling Plant.

2.04.116.

KENNEL: An establishment in which domesticated animals are housed, groomed, bred, boarded, trained or sold, all for compensation. In contrast to Pet Grooming establishments, animals may be kept overnight in outside runs or other unenclosed or partially enclosed spaces overnight.

2.04.117.

LAKES AND PONDS: The shorelines of Lakes and Ponds, defined below, are measured from the maximum condition rather than from the permanent pool in the event of any difference.

A.

LAKE: A natural or artificial body of water of two or more acres, which retains water year-round.

B.

POND: A natural or artificial body of water of less than two acres, which retains water year-round. Artificial ponds may be created by dams or may result from excavation.

2.04.118.

LAND DEVELOPMENT PERMIT or PERMIT (LDP): A written document which authorizes development in accordance with the provisions in this Ordinance.

2.04.119.

LANDSCAPING: Treatment of grade with groundcover, vegetation and ornamentation for a given area; including, but not limited to, plant materials such as trees, shrubs, groundcovers, perennials and annuals; and other materials such as rocks, water, walls and fences.

2.04.120.

LAUNDERING PLANT: An establishment engaged in high volume laundry and garment services, including commercial and industrial laundry, pressing and dry cleaning services; linen supply; diaper service; carpet and upholstery cleaners, but excluding laundromats and dry cleaning pick-up/drop-off businesses.

2.04.121.

LOADING SPACE: Space provided for loading and unloading of delivery vehicles.

2.04.122.

LOT, PARCEL or PROPERTY: A single, undivided portion of land that is either legally recorded in the office of the Tuscaloosa County Probate Judge or is being proposed in good faith by well-prepared plan drawings for the purpose of being legally recorded. It is the responsibility of the owner to ensure that the property is legally recorded with the office of the Tuscaloosa County Probate Judge. Lots are further categorized as:

A.

CORNER LOT: A lot adjoining two or more streets at their intersection. A lot abutting two or more streets at their intersection. If the two streets form an angle of more than 135 degrees at the intersection of their center lines, the lot is not considered a Corner Lot. See Figure 2-6.

B.

CORNER LOT, DUAL FRONTAGE: A Corner Lot adjoined on each side by an Interior Lot.

C.

CORNER LOT, SINGLE-FRONTAGE: A Corner Lot adjoined on one side by an Interior Lot and on the other side by another Corner Lot.

D.

INTERIOR LOT: A lot with frontage on only one street.

E.

THROUGH LOT: A lot other than a corner lot having frontage on two streets.

Figure 2-6 Lot Types

2.04.123.

LOT AREA: The area contained within the boundary lines of a lot.

2.04.124.

LOT FRONTAGE: That portion of a lot along its front lot line or its width measured at the front lot line.

2.04.125.

LOT LINE: A line bounding a lot which divides it from another lot or from a street or any other public or private space. Refer to the following diagram and to diagrams under Yard.

A.

FRONT LOT LINE: The Lot Line separating a lot from a street right-of-way. Dual Frontage Corner Lots have two Front Lot Lines. Single-Frontage Corner Lots have Primary and Secondary Front Lot Lines. The Primary Front Lot Line is the Lot Line most opposite the Rear Lot Line. The Secondary Front Lot Line is the Lot Line along the Side Street and is typically longer than the Primary Front Lot Line.

Figure 2-7 Lot Lines of Corner Lots

B.

REAR LOT LINE: The Lot Line that is generally parallel to and most distant from the Primary Front Lot Line on a Single-Frontage Corner Lot. For Dual Frontage Corner Lots, it is the Lot Line generally parallel to and most distant from the street along which the property has its address or towards which the building faces, as determined by the Director. For determining setbacks in the case of a triangular or irregularly shaped lot, the Rear Lot Line is considered to be a line at least ten feet in length, entirely within the lot, parallel to and at the maximum distance from the Front/Primary Front Lot Line.

Figure 2-8 Rear Lot Line of a triangular lot

C.

SIDE LOT LINE: Any lot line other than a Front Lot Line or a Rear Lot Line.

2.04.126.

LOT OF RECORD: Any validly recorded lot.

2.04.127.

LOT WIDTH: The horizontal distance between side lot lines measured at the required front setback. Refer also to Section 3.03.01, Lots and Yards.

2.04.128.

LOW IMPACT DEVELOPMENT (LID): A set of approaches and practices intended to reduce runoff of water and pollutants from a site through the use of infiltration, evapotranspiration, water re-use and similar means. LID techniques manage water and water pollutants at the source and thereby prevent or reduce the impact of development on rivers, streams, lakes, coastal waters, and ground water.

2.04.129.

MAINTENANCE SERVICE: An establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscape services, and window cleaning services.

2.04.130.

MANUFACTURED HOME: A structure, constructed in accordance with the HUD Code, which is transportable in one or more sections, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, including plumbing, heating, air conditioning, and electrical systems. A manufactured home bears a HUD Seal affixed to the rear of the home.

2.04.131.

MANUFACTURED HOME LOT: A parcel of land for the placement of a single manufactured home and for the exclusive use of its occupants.

2.04.132.

MANUFACTURED HOME PARK: A parcel of land under single management which has been planned and improved for the provisions of services for manufactured homes for transient and/or non-transient use, not platted or otherwise divided by fee simple ownership. All facilities and amenities, including roads, clubhouse or recreation facilities, and buffers, are privately owned or owned in common by residents of the park.

2.04.133.

MANUFACTURED HOME STAND: Space designated within a Manufactured Home Park for the placement of one manufactured home and for the exclusive use of its occupants.

2.04.134.

MARINA: An establishment for mooring, servicing, and storing recreation boats, as well as for providing supplies, provisions, and fueling facilities. A marina may include a restaurant and/or boat and motor sales store. Boat building or facilities for the dry docking or repair of watercraft exceeding two tons in weight are not included.

2.04.135.

MASONRY: Brick, stone, stucco, precast and other types of concrete. Does not include EIFS or fiber cement siding.

2.04.136.

MEDICAL CANNABIS DISPENSARY: An entity licensed by the Alabama Medical Cannabis Commission (AMCC), authorized to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers pursuant to the Medical Cannabis Act and the AMCC Rules.

2.04.137.

METAL PANEL, ARCHITECTURAL: Building cladding consisting of prefabricated metal panels with a smooth surface without ribbing or corrugation and that have vertical and horizontal seams or joints, giving the panels a shorter appearance in contrast to corrugated, standing seam, ribbed and similar types of metal siding, which have joints or seams running in one direction along the length of the panel or sheet.

2.04.138.

MINI-WAREHOUSE: One or more buildings containing individual compartments used solely for the dead storage of a customer's goods or wares, not otherwise defined as Climate-Controlled Self-Storage. See also Section 7.30, Mini-Warehouses and Self-Storage.

2.04.139.

MIXED-USE DEVELOPMENT: Development with two or more uses of different land use categories, including, but not limited to, combinations of residential, commercial, institutional, or manufacturing uses.

2.04.140.

MOBILE HOME: A residential structure, built prior to June 15, 1976, prior to the National Manufactured Housing Construction Safety Standards Act, designed and fabricated to be transported on its own wheels and axles arriving at the site where it is to be occupied as a dwelling, completed and ready for occupancy includes the plumbing, heating, air conditioning and electrical systems.

2.04.141.

MODULAR BUILDING: A factory-fabricated building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure and which bears a seal of compliance from the Alabama Manufacturing Housing Commission. Modular buildings are constructed to meet the requirements of the Building Code and any other City-adopted design and construction standards applicable to conventional construction.

2.04.142.

MODULAR HOME: A Modular Building designed and constructed for use as a dwelling.

2.04.143.

MOTEL: An establishment providing sleeping accommodations for the travelling public, in which lodging rooms are accessed from the exterior of the building. Motels may also include dining facilities, fitness centers and other incidental services for guests.

2.04.144.

NIGHTTIME CARE FACILITY:

A.

NIGHTTIME CARE CENTER: A building and premises licensed by the Alabama Department of Human Resources (ADHR) for the care of seven or more children after 7:00 p.m.

B.

NIGHTTIME HOME: A detached single-family dwelling licensed by the ADHR for the care of six or fewer children after 7:00 p.m.

2.04.145.

NONCONFORMING or NONCONFORMITY: See Article 11, Nonconformities, and the following:

A.

NONCONFORMING LOT OF RECORD: Any lot, validly recorded in the public records of Tuscaloosa County, which does not conform to minimum lot area or width requirements of the applicable district.

B.

NONCONFORMING STRUCTURE: A structure that does not conform to setbacks, height limits or other area or dimensional requirements of this Ordinance.

C.

NONCONFORMING USE: A use which does not conform to the use regulations of the applicable district.

2.04.146.

NONRESIDENTIAL USE: Uses including agricultural, institutional, commercial, lodging and industrial activities.

2.04.147.

OFFICE-WAREHOUSE: A facility combining office and warehouse functions in a single structure, for the primary purpose of wholesale trade, display, and distribution of products. Said facility is characterized by occasional truck deliveries and does not create nuisances such as dust, noise, or odors. Any warehouse activity with heavy trucking activities is categorized as Warehousing and Distribution. See also Section 7.31, Office-Warehouses.

2.04.148.

ON-SITE: Located within the boundaries of the development site.

2.04.149.

OPEN SPACE: Any parcel or area of land or water, either publicly or privately owned, set aside, dedicated, designated, or reserved for the private use or enjoyment of owners or occupants of land adjoining such open space, or for the public at large.

2.04.150.

OPEN SPACE, COMMON: Open space within a development, which is held in common ownership and maintained by a property owners association or other designated legal entity, for recreation or other open space uses; subject to the applicable provisions of this Ordinance; and which may be protected by covenant to ensure that it remains in such use.

2.04.151.

OUTDOOR STORAGE: Outdoor storage of fuel, raw materials, vehicles, products and equipment. In the case of lumberyards, Outdoor Storage includes lumber and any other impervious materials stored outdoors.

2.04.152.

OWNER: The person or persons having the right of legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

2.04.153.

PACKAGE STORE: An establishment in which the principal activity is the retail sales of alcoholic beverages for off-premises consumption. The retail sales of alcoholic beverages is considered the principal activity when gross receipts from the sale of alcoholic beverages exceed the gross receipts from other sales and activities on the premises during any one month.

2.04.154.

PARKING, FREESTANDING: A parking lot or structure providing parking for uses not located on the same premises.

2.04.155.

PARKING AREA, PARKING LOT or PARKING STRUCTURE: An improved area or a structure used exclusively for the temporary off-street storage of motor vehicles, containing access driveways, parking aisles and parking spaces. Such area or structure may be an independent business or may be used in conjunction with any other use.

2.04.156.

PARKING SPACE: A delineated area reserved for the parking of a single vehicle.

2.04.157.

PARKING, TANDEM: Parking design in which spaces are designed so that more than one vehicle may be parked, one in front of the other, within the same space.

2.04.158.

PASSIVE RECREATION AREA: An open space intended for recreational activities that require a minimum of facilities, development and impervious surface areas, including, but not limited to, trails, playgrounds, dog parks, and areas for picnicking, wildlife observation and disc golf.

2.04.159.

PERENNIAL STREAM: A stream channel that has continuous flow in parts of its bed all year-round during years of normal rainfall.

2.04.160.

PERFORMANCE RESIDENTIAL USE: All residential developments other than detached single-family dwellings.

2.04.161.

PERIMETER PLANTING STRIP: Portion of a lot between a vehicular use area and an adjoining property that is set aside and landscaped in accordance with Article 9, Landscaping.

2.04.162.

PERSONAL SERVICE: An establishment providing services involving the care of a person or their personal goods or apparel, including hair, nail and tanning salons, licensed massage therapists and repair of watches, phones, tablets, computers and other personal electronics.

2.04.163.

PET GROOMING: An establishment providing grooming services or overnight boarding to household pets within a fully enclosed structure, which may include outside runs for keeping of animals for part of the day but not overnight.

2.04.164.

PLACE OF ASSEMBLY: A facility used for the gathering of persons for religious, fraternal, recreational, social, educational or cultural activities and which may include the incidental preparation and sale of food and beverages on the premises. In addition to activities conducted within a building, Places of Assembly may also include activities conducted outdoors.

2.04.165.

PLACE OF WORSHIP: A building used for regular religious worship, by the congregation or parts thereof, of an organized religion.

2.04.166.

PLANNED DEVELOPMENT: A land development project comprehensively planned in accordance with Section 6.03, Special District.

2.04.167.

PORTABLE BUILDING: A prefabricated structure assembled off-site and delivered to the site as a complete unit or a building assembled on-site, which can be moved to another location without disassembly. Portable Buildings are designed and constructed in accordance with the standards for relocatable modular buildings in the Building Code. Does not include Manufactured Homes nor Modular Buildings.

2.04.168.

PREMISES: One or more lots designed and improved in a unified manner to function together, including all associated structures, parking areas and other improvements thereon.

2.04.169.

PRINCIPAL STRUCTURE: A structure in which is conducted or intended to be conducted the principal use of the lot on which it is located. Any structure that is connected to the principal structure by fully enclosed, habitable space is considered part of the Principal Structure.

2.04.170.

PRIVATE CLUB: A place of assembly operated by an association of persons, organized or formed in accordance with the Code of Alabama, and united by some common interest such as social, educational or recreational purposes and characterized by membership qualifications, payment of fees or dues, and holding of regular meetings.

2.04.171.

PROPERTY LINE: A line dividing one lot from another or from a street or any public or private space.

2.04.172.

PUBLIC FACILITY: Land or buildings occupied by a federal, state or local government agency providing public services, including government offices, parks, museums, libraries, transit stations, police and fire stations, emergency service stations, civil defense operations and other government uses.

2.04.173.

PUBLIC IMPROVEMENT: Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

2.04.174.

PUBLIC UTILITY FACILITY:

A.

MAJOR PUBLIC UTILITY FACILITY: Electric or gas generating plants, sewage treatment plants and water treatment facilities.

B.

MINOR PUBLIC UTILITY FACILITY: A facility that provides utility services to the public, including water and sewer, gas distribution, electric transmission and distribution, and cable transmission and distribution facilities not otherwise defined as Major Public Utility Facility.

2.04.175.

RECREATION:

A.

INDOOR RECREATION: An establishment providing recreation or fitness services within an enclosed building, including, but not limited to, aquariums, gymnasiums and fitness centers, indoor skating rinks, arcades, billiard parlors, bowling establishments, indoor swimming pools; and enclosed facilities for yoga, martial arts and dance.

B.

MAJOR OUTDOOR RECREATION: Establishments providing recreational activities that pose greater nuisances than Minor Outdoor Recreation, because of their size and scale, traffic volumes, noise, light, or physical hazards such as flying objects or use of weapons, including, but not limited to: amusement parks, fairgrounds, golf driving ranges, miniature golf, archery ranges.

C.

MINOR OUTDOOR RECREATION: An establishment providing recreation or fitness services primarily outside of a structure, including, but not limited to, arboretums, areas for cycling, hiking, and jogging; golf courses; nature areas; parks; picnic areas; play fields; playgrounds; outdoor swimming pools; tennis courts; and wildlife sanctuaries.

2.04.176.

RECREATIONAL VEHICLE: A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use, including pick-up campers, camping trailers, pop-up-trailers, travel trailers and motorized home living facilities constructed as integral parts of self-propelled vehicles.

2.04.177.

RECREATIONAL VEHICLE PARK: An establishment designed with campsites for occupancy by recreational vehicles as temporary living quarters for purposes of recreation or vacation. All facilities and amenities, including roads, clubhouse or recreation facilities, and buffers are privately owned or owned in common by a condominium association.

2.04.178.

RECYCLING CENTER: A premises, other than a junkyard, where recyclable materials are collected and may be separated, packed, bailed, stored and compacted before being transported to another location for processing and eventual reuse.

2.04.179.

RECYCLING PLANT: A facility, other than a junkyard, in which recoverable resources, such as paper, plastic, glass, and metal cans are recycled, reprocessed and treated to return such products to a condition in which they may be used again in new products.

2.04.180.

REDEVELOPMENT: The re-use of a previously developed property, which may include partial or complete demolition of existing structures and improvements, re-construction, expansion or changes in the use of existing structures or construction of new structures or improvements.

2.04.181.

REPAIR SERVICE: An establishment engaged in the repair and maintenance of electrical, electronic and mechanical equipment, and home and business appliances, not otherwise defined as Automobile Repair.

2.04.182.

RESEARCH LABORATORY: Facility for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

2.04.183.

RESIDENTIAL CARE FACILITY: A facility providing temporary housing and services similar to that of Emergency Care Homes or Transitional Care Homes but for more than six persons. A facility providing housing and services similar to that of a Family Care Home but for more than ten persons.

2.04.184.

RESOURCE EXTRACTION: The removal, for commercial purposes, of native vegetation, topsoil, fill, sand, gravel, rock, petroleum, natural gas, coal, metal ore, or any other mineral and other operations having similar characteristics.

2.04.185.

RESTAURANT:

A.

FAST FOOD RESTAURANT: An establishment where food and drink may be ordered from an automobile and delivered through a drive-through window or to an ordering station.

B.

RESTAURANT-BAR: A restaurant where alcoholic beverages, including liquor, are offered for sale for consumption on the premises.

C.

STANDARD RESTAURANT: An establishment where food and drink are prepared, served and consumed on-premises. Standard restaurants may also offer accessory pick-up service.

D.

TAKE-OUT/DELIVERY ONLY RESTAURANT: An establishment where food and drink are prepared and sold but consumed off-premises.

2.04.186.

RETAIL:

A.

GENERAL RETAIL: Retail sales of goods, including, but not limited to, clothing, shoes, home furnishings, appliances, automobile parts and supplies, gifts, jewelry, floral goods, pharmacy and medical supplies, hardware, musical instruments and sporting goods, which are conducted fully within a building but that may include only accessory outdoor displays and sales.

B.

UNENCLOSED RETAIL: Retail sales of goods conducted partially or fully outside of a building, including, but not limited to, flea markets, monument sales, lumber yards and similar activities but not including Heavy Equipment and Vehicle Sales, Rental and Service nor Vehicle and Equipment Sales, Rental and Service, which are separately classified.

2.04.187.

RIGHT-OF-WAY: An area dedicated to public use for pedestrian and/or vehicular movement, which may also accommodate public utilities.

2.04.188.

RUNOFF: The water from rain or melted snow that flows over the ground.

2.04.189.

SELF-STORAGE, CLIMATE CONTROLLED: One or more buildings containing individual compartments that are heated and cooled and used solely for the dead storage of a customer's goods or wares. See also Section 7.30, Mini-Warehouses and Self-Storage.

2.04.190.

SETBACK: The required minimum distance between a structure and the front, side, or rear lot line.

2.04.191.

SHOPPING CENTER: A group of retail and other commercial establishments planned, developed, and managed as a unit, under single ownership or control, and built in accordance with a unified architectural plan and with off-street parking provided on the property.

A.

MAJOR SHOPPING CENTER: A shopping center with more than 100,000 square feet of gross floor area.

B.

MINOR SHOPPING CENTER: A shopping center with no more than 100,000 square feet of gross floor area and containing commercial uses compatible with and serving the limited commercial needs of nearby residential neighborhoods, including, but not limited to, enclosed retail stores, banks, laundry services, personal services, restaurants, gas stations and minor automobile repair.

2.04.192.

SHORT-TERM RENTAL: The use of a dwelling unit or portion thereof for lodging purposes in accordance with Section 7.40, Short-Term Rentals, and that is not otherwise considered a Bed and Breakfast.

2.04.193.

SHRUB: A low-growing usually multi-stemmed, woody plant, including any species listed in Table 9-3 as either a deciduous or evergreen shrub.

2.04.194.

SIGN: Refer to Article 10, Signs, for all sign-related definitions.

2.04.195.

SITE PLAN: A plan, drawn to scale by an engineer, with supporting documents demonstrating that a development will meet all applicable requirements of this Ordinance and the Engineering Design and Construction Manual. Refer to Section 12.04, Site Plan Review.

2.04.196.

SPECIAL EXCEPTION: Uses identified as such in the district regulations and adjustments to parking, height and other regulations that may be authorized by the Zoning Board of Adjustments subject to conditions set by the Board. Special Exceptions may not be appropriate generally or without restriction, but if controlled as to number, area, location, or relation to the surrounding area, would not harm the general public health, safety, or welfare.

2.04.197.

STACKING SPACE: An off-street space for the temporary stacking of vehicles with an aisle intended to serve a drive-in teller, take-out food window, dry cleaning/laundry pick-up and similar functions.

2.04.198.

STEEP SLOPES: Land area where the inclination of the land's surface from the horizontal is 30% or greater. Slope is determined from on-site topographic surveys prepared with a two-foot contour interval.

2.04.199.

STORY: That portion of a building, other than a cellar or basement, included between the surface of any floor and the surface of the next floor above it; or, if there is no floor above it, then the space between the floor and the next ceiling above it.

2.04.200.

STREET CLASSIFICATIONS:

A.

ARTERIAL: A major street designed to carry traffic, typically at higher speeds and over long distances, between important centers of activity or to other major streets and highways. Arterial streets are classified in accordance with the Engineering Design and Construction Manual.

B.

COLLECTOR: A major street designed to carry traffic, typically at moderate speeds and over moderate distances, between local streets and major streets. Collector streets are classified in accordance with the Engineering Design and Construction Manual.

C.

LOCAL STREET: A minor street designed to carry traffic at lower speeds and for relatively short distances. A street that is not classified as an arterial or collector.

2.04.201.

STRUCTURE: Anything constructed or erected that requires rigid and permanent location on or attachment to the ground; including, but not limited to, buildings, signs, towers, monuments, statues, walls and fences; but not including telephone and other utility poles, overhead wires, retaining walls and terrace walls, wire fences, and any other object less than three feet in height.

2.04.202.

STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as the bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or exterior walls. Also, see Alteration/Altered.

2.04.203.

STUCCO: An exterior finish composed of some combination of Portland cement, lime, and sand, which are mixed with water, and which dries to a hard textured finish.

2.04.204.

STUDIO: A building or portion thereof used for the practice or teaching of music, dancing or theatrical arts to students.

2.04.205.

SUBSTANCE ABUSE TREATMENT FACILITY:

A.

IN-PATIENT SUBSTANCE ABUSE TREATMENT FACILITY: A licensed facility meeting applicable state and federal standards that provides inpatient support services including counseling, rehabilitation and medical supervision for drug or alcohol treatment.

B.

OUTPATIENT SUBSTANCE ABUSE TREATMENT FACILITY: A licensed facility meeting applicable state and federal standards that provides outpatient support services including counseling, rehabilitation and medical supervision for drug or alcohol treatment.

2.04.206.

TATTOO SHOP: Any business establishment offering tattooing, branding and similar body art services.

2.04.207.

TELECOMMUNICATIONS FACILITIES, WIRELESS: Any and all structures, fixtures or other accessories (e.g., electrical boxes, equipment sheds, guy wires, etc.) installed, used or intended for use in conjunction with wireless communication, including cellular, satellite and microwave transmission.

2.04.208.

TELECOMMUNICATIONS TOWER: Any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more communications antennas, including self-supporting towers (e.g., monopole and lattice) and guyed towers.

2.04.209.

TREE:

A.

CANOPY TREE: A single trunk tree whose height is greater than 35 feet at maturity.

B.

UNDERSTORY TREE: A single trunk or multi-stem tree whose height is less than 35 feet at maturity, including those deciduous and evergreen understory trees listed in Article 9, Landscaping.

2.04.210.

USE: The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

A.

ACCESSORY USE: A use which is customarily incidental and subordinate to the principal use of the land or building on the same lot. Accessory uses are subordinate in area, extent, and purpose to the principal use served. See Section 3.04.04, Accessory Uses and Structures.

B.

PRINCIPAL USE: The primary purpose for which land is used.

C.

TEMPORARY USE: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Temporary uses do not involve the construction or alteration of permanent structures.

2.04.211.

VARIANCE: A relaxation of the terms of this Ordinance where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property, a literal enforcement of the ordinance would result in unnecessary hardship.

2.04.212.

VEHICLE SALES, RENTAL AND SERVICE:

A.

HEAVY VEHICLE AND EQUIPMENT SALES, RENTAL AND SERVICE: The sale or rental of trucks over one ton payload capacity, tractors and farm implements, manufactured homes, recreational vehicles, boats, and construction and similar equipment, including the storage, maintenance and servicing of the same.

B.

VEHICLE AND EQUIPMENT SALES, RENTAL AND SERVICE: The sale or rental of automobiles, light trucks, motorcycles, riding lawn mowers and similar household and gardening equipment, including accessory storage, maintenance and servicing of the same.

2.04.213.

VENDING FACILITY:

A.

ACCESSORY VENDING FACILITY: Any outdoor, automated or self-service vending structure that dispenses goods or products to customers and that is accessory to a commercial activity on the same premises, but which is detached from any other structure and has its own drive-up access.

B.

FREESTANDING VENDING FACILITY: Any outdoor, automated or self-service vending structure that dispenses goods or products to customers and that is not accessory to a commercial activity on the same premises, including, but not limited to, ice vending and automated teller machines.

2.04.214.

VETERINARY OFFICE: A facility operated by a licensed veterinarian specifically for the practice of veterinary medicine, which may include overnight boarding of animals.

2.04.215.

WAREHOUSING AND DISTRIBUTION, ENCLOSED: A place of business engaged in warehousing or distribution services within a building, including truck terminals and similar uses.

2.04.216.

WAREHOUSING AND DISTRIBUTION, UNENCLOSED: A place of business engaged in open air warehousing or distribution services.

2.04.217.

WHOLESALING: The selling of merchandise to or buying merchandise for other businesses or industries but not the general public. Businesses that sell merchandise on a membership basis that is not limited to other businesses or industries are categorized as Retail.

2.04.218.

WIRELESS COMMUNICATIONS SERVICE PROVIDER: Any private company, corporation or similar entity providing two-way interactive communications services to the general public by way of cellular communications facilities.

2.04.219.

WOODLAND: An area of natural vegetation or planted material, at least 50 feet in depth, covering one acre or more and consisting substantially of canopy trees.

2.04.220.

YARD: An open area of a lot, not occupied by any structure, measured from a property line to the nearest point of the structure. A required yard means a yard the depth of which is specified in the "Area and Dimensional Requirements" for the applicable district. Refer also to Lot Line and Figure 2-9.

A.

FRONT YARD: The yard extending across the entire width of the lot between the Principal Building and the front lot line or an official future street line, if established.

1.

PRIMARY FRONT YARD: The yard of a Single-Frontage Corner Lot that corresponds with the front yard of the adjoining interior lot.

2.

SECONDARY FRONT YARD: A yard of a Single-Frontage Corner Lot along the Side Street Lot Line.

B.

REAR YARD: The yard extending across the entire width of the lot between the Principal Building and the rear lot line. On all lots the Rear Yard is opposite the Front Yard or Primary Front Yard.

C.

SIDE YARD: A yard between the Principal Building and the Side Lot Line and extending from the required Front Yard to the required Rear Yard.

D.

ZERO-SIDE YARD: That portion of the lot of a Zero Lot Line Dwelling where no setback is required between the dwelling and side lot line.

Figure 2-9 Yard Types and Locations

(Ord. No. 2249, 1(Exh. A), 12-16-24)