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Palmer City Zoning Code

Division 2

Interpretation and Definitions

§ 9.03.031 General interpretation.

For the purpose of this article, certain terms and words are defined and shall have the meanings ascribed in this article unless it is apparent from the context that different meanings are intended. Words used in the present tense include the future tense, words in the singular number include the plural number, and all words in the plural number included in [include] the singular number. The word “building” includes the word “structure,” except as otherwise specified. The term “use” means “used or intended to be used for,” or “arranged or designed for use.” The word “shall” is mandatory not directory; the word “may” is permissive. The word “person” includes a firm, association, organization, partnership, trust, foundation, company or corporation as well as an individual. The word “including” means including but not limited to.
(Ordinance 999, sec. 12-2-1, adopted 1/18/11)

§ 9.03.032 Definitions.

Accessory building.
A subordinate building use of which is incidental to that of the main building on the same lot.
Alley.
A public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.
Apartment.
Any room or suite of rooms in an apartment building arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.
Apartment multi-family building.
Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as 3 or more apartments or dwelling units or which is occupied as the home or residence of 3 or more families living independently of each other and maintaining separate cooking facilities.
Automobile repair shop.
A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.
Automobile sales lot.
An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises.
Basement.
A building story which is partly underground, but may have at least one-half of its height above the average level of the adjoining ground.
Beverage store.
A retail establishment whose primary purpose is the sale of pre-packaged beverages for off-premises consumption.
Block.
That property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.
Boarding [or] rooming house.
A dwelling wherein lodging or meals for 3 or more persons, not members of the principal family therein, is provided for compensation but not including a building in which 10 or more guest rooms are provided.
Building.
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
Building line.
A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.
Business.
Includes retail, commercial, personal services, excavation, manufacturing and industrial operations and uses.
Car wash.
A building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.
Certificate of occupancy.
An official certificate issued by the city through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.
Clinic.
A group of offices for one or more physicians, surgeons or dentists to treat sick or injured outpatients who do not remain overnight.
Conditional use.
Same as specific use and being any building, structure, and use which complies with the applicable regulations and standards governing the specific use zoning district and for which a specific use permit is granted.
Convalescent home.
Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.
Country club, private.
An area of twenty (20) acres or more containing a golf course and a clubhouse and available only to private specific membership; such a club may contain adjunct facilities such as a private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
Courtyard.
An open, unoccupied space on the same lot with a building and bounded on two sides by such building, or the open space provided for access to a dwelling group.
Day care center or kindergarten.
Any facility, whether known or incorporated under such descriptive title or name as “day nursery school,” “kindergarten,” “child play school,” “child development center,” “early childhood center” and the like, where 6 or more children are left for care or training during the day or portion of the day and a fee is charged for this service.
Dwelling, multi-family.
A building containing 3 or more dwelling units which is occupied as a home or residence of 3 or more families.
Dwelling, single-family.
A detached building containing 1 dwelling unit and which is occupied by not more than 1 family.
Dwelling, two-family.
A detached building containing 2 dwelling units, commonly referred to as a duplex, and which is not occupied by more than 2 families.
Dwelling unit.
A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.
Family.
Any number of individuals living together as a single housekeeping unit, in which not more than two individuals are unrelated by blood, marriage or adoption, but not including a group occupying a hotel, boarding house, club, dormitory, fraternity or sorority house.
Farm.
An area of 2 acres or more which is used for the growing of the usual farm products such as vegetables, fruit trees and grain and their storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms, with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.
Floor area.
The living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.
Garage, private.
An accessory building or portion of a main building on the same lot and used for the storage of private passenger motor vehicles or boats.
Garage, public.
A building or portion of a building, except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil and accessories is only incidental to the principal use.
Grade.
When used as a reference point in measuring height of a building the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.
Halfway house.
A residential facility providing shelter, supervision and residential rehabilitative services for persons who have been inmates of any county, state or federal correctional institution and released and require a group setting to facilitate the transition to a functional member of society.
Height of building.
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the highest ridge board, for gable, hip and gambrel roofs.
Hospital.
An institution or place where sick or injured patients are given medical or surgical care either at public, charity, or private expense.
Hotel.
A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied singularly for hire, in which there are no provisions for cooking in individual rooms or apartments.
Industrialized building.
A commercial structure that is constructed on [in] one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems. The term does not include any commercial structure that is in excess of two (2) stories or thirty-five feet (35') in height as measured from the finished grade elevation at the building entrance.
Industrialized housing.
A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of two (2) stories or thirty-five feet (35') in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to (a) housing constructed of sectional or panelized systems not utilizing modular components; or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Junkyard.
Any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.
Living area.
Shall include that portion of the living unit heated and air conditioned and does not include carports, garages, porches and breezeways.
Lot.
The entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group of buildings and their accessory buildings, and having frontage on a dedicated street.
Lot, corner.
A lot abutting on two intercepting or intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees.
Lot coverage.
The percentage of the total area of a lot occupied by the base first story or floor of buildings located on the lot.
Lot depth.
The average depth from the front line of the lot to the rear line of the lot.
Lot, interior.
A lot other than a corner lot.
Lot of record.
A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed for which was recorded in the office of the county clerk prior to passage of this article.
Lot width.
The width measured at a distance back from the front line equal to the minimum depth required for a front yard.
Main building.
A building in which is conducted the principal use of the lot on which it is situated.
Metal-clad building.
Are permitted only in industrial zoned districts and shall mean any building constructed of pipe or steel beams or girders in which metal siding is directly placed thereto. This definition shall not prevent the application of steel, aluminum or other metal siding over any exterior wood siding of any building or residence.
Mobile home [or] manufactured home or house.
A structure transportable in one or more sections, which, in the traveling mode, is eight body feet (8') or more in width or forty body feet (40') 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, and includes the plumbing, heating, air conditioning and electrical systems.
Mobile home lot.
That part of a parcel of land (mobile home site) in a mobile home district or park which has been reserved for the placement of one (1) mobile home unit.
Mobile home park.
A parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental of lots to tenants with mobile homes.
Neighborhood convenience center.
Centers which carry convenience goods, such as groceries, drugs, hardware and some variety items, and also includes some service stores. The neighborhood convenience center may contain one (1) or two (2) small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called “spot necessity” items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.
Nonconforming use.
Use of a building or land which existed previously that does not conform to the present regulations as to use for the district in which it is situated.
Office occupation.
Any occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof.
Park or playground, public.
An open recreation facility or park owned and operated by a public agency such as the city or the school and available to the general public for neighborhood use.
Parking space.
An area of not less than one hundred eighty (180) square feet measuring approximately nine feet (9') by twenty feet (20'), not on a public street or alley, surfaced with an all-weather surface, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. In any single-family dwelling, duplex or apartment district, the parking of trucks or buses for commercial purposes shall not be permitted. Head-in parking adjacent to public thoroughfares wherein the maneuvering is done on a public street shall not be classified as off-street parking in computing the parking requirements for any use, except in the “C-1” District.
Personal services businesses.
Businesses which provide services customized for an individual such as: tailor, barber or beauty shop, health studio, travel consultant, shoe repair, portrait photographic studio; however, uses such as customizing of motor vehicles are not included.
Private club.
Facilities where food, beverages, including alcoholic beverages, entertainment or meeting space are provided to specific membership only.
Screening element device or suitably screened.
As herein referred, shall mean any of the following:
(1) 
Any solid material constructed of brick, masonry or of a concrete or metal or base which supports a permanent type material, the vertical [sic]
(2) 
Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or
(3) 
Landscaped earth berms may when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.
Setback.
The required minimum distance between any structure and any property line of the lot on which it is located. Setbacks shall be measured perpendicular to lot lines. The terms “setback” and “required yard” shall mean the same and can be interchanged.
Shipping container.
An accessory building of which is a metal or primarily metal container designed or constructed to ship, store, or handle bulk goods or items, or which appears substantially similar to such containers in appearance. Such containers include reusable steel boxes, freight containers, and bulk shipping containers; originally a standardized reusable vessel that was designed for and used in the parking [packing], shipping, movement, transportation, or storage of freight, articles, goods, or commodities; generally capable of being mounted or moved on a rail car, tractor trailer, or cargo ship.
Shopping center.
An area consisting of three (3) acres or more arranged according to a site plan to be submitted to and to be approved by the city council, on which is indicated the amount of land to be devoted to the shopping village, the detailed arrangement of the various buildings, parking area, streets and type of zoning desired. It shall be required that the installation of all utilities, drainage structures, the paving of streets, parking area, alley and sidewalks be in accordance with the city’s specifications for each type of improvement.
Sign.
An outdoor advertising device that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on premises.
Stable, private.
An accessory building for quartering horses when the stable building is set back from all adjacent property lines at least one hundred feet (100'), is at least one hundred fifty feet (150') from any adjacent residence and when the site contains a minimum of one (1) acre.
Story.
That portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations if the vertical distance from grade to the ceiling is more than seven feet (7').
Story, half.
The topmost story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor of such story.
Street.
A public or private thoroughfare which affords the principal means of access to abutting property.
Structural alteration.
Any change, addition or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters or trusses.
Structure.
Anything constructed or erected having location on or under the ground or attached to something having location on or under the ground.
Television satellite dish.
An earth-based station shaped like a dish which is used for the reception of satellite signals for television programs.
Trailer camp or park.
An area designed, arranged or used for the parking or storing of one or more auto trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families. House trailers, auto trailers or mobile homes shall not be considered as dwellings, structures or buildings.
Use.
The purpose, for which land or a building or structure thereon is designed, arranged, intended or maintained or for which it is or may be used or occupied.
Use, accessory.
A subordinate use on the same lot with the principal use and incidental and accessory thereto.
Variance.
An adjustment in the application of the specific regulations of this article to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.
Yard.
An open space, other than a court, on the same lot with a building.
Yard, front.
A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.
Yard, rear.
A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.
Yard, side.
A yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.
(Ordinance 999, sec. 12-2-2, adopted 1/18/11; Ordinance 1031, sec. 2, adopted 8/21/12; Ordinance 1169, sec. 1(A), adopted 4/20/21)