To cease or discontinue a use or activity not to be construed as short-term interruptions such as during periods of remodeling, maintenance or normal periods of vacation or seasonal closure.

To border on, be contiguous with or have property or district lines in common, including property separated by a right-of way or railroad.

The place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this code.

Living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

See "ABUT".

An establishment having at least ten percent (10%) of its stock in trade, books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

An establishment which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and exotic dance facilities, regardless of whether the facility provides a live presentation, videotape or film presentation, where the patrons either:

The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for storing the products. The term shall include incidental retail sales by the producer of products raised on the farm.

Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a thoroughfare.

Any addition, removal, extension or change in the location of any exterior surface of a main building or accessory building.

A change in the supporting members of a building, such as bearing walls, columns, beams or girders, except for repair or replacement.

A change in the wording, context or substance of this Chapter, an addition or deletion or a change in the district boundaries or classifications upon the Zoning Map.

An establishments providing multiple coin-operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices may include pinball machines, video games and other games of skill or scoring, including pool or billiard tables, whether or not they are coin operated.

An establishment where animals or pets are given medical or surgical treatment and are cared for and may be boarded during the time of such treatment.

Any structure that includes a system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of television, radio, data, communications or other signals from other antennas, satellites or other similar equipment.

A place offering primarily antiques for sale. An "antique", for the purpose of this code, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least thirty (30) years old.

A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families living independently of each other.

A place where bee colonies are kept.

Portable or non-portable equipment used for domestic functions including, but not limited to, vacuums, toasters, mixers, radios, washers, dryers, refrigerators, freezers and stoves.

An establishment engaged in the sale, loan or display of art, books, paintings, sculpture or other works. Art gallery does not include libraries or museums.

A building or portion thereof used for the creation of original handmade works of art or craft items by artists or artisans, as either a principal or accessory use.

A place designed to be used or used as a place of work or a combination of both a dwelling place and a place of work by an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture and writing.

A building or portion of a building in which facilities are provided for civic, educational, political, religious or social purposes.

The Cass County Assessor.

Any premises licensed as such by the State, other than a residential care facility, intermediate care facility or skilled nursing facility, that is utilized by its owner, operator or manager to provide twenty-four (24) hour care and services and protective oversight to five (5) or more residents who are provided with shelter, board and who may need and are provided with assistance or supervision in accordance with their State license.

A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays and other presentations.

A stand alone, automated device that performs banking or financial functions, which may be placed at a location remote from the controlling financial institution.

An establishment engaged the business of buying motor vehicles, motorcycles, motorized bicycles or parts thereof or tires for resale in whole or in part as junk or as used parts.

The dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

A place for keeping birds confined for the purpose of raising, exhibiting or selling.

A place for preparing, cooking, baking and selling baked good products intended for off-premise distribution.

An establishment primarily engaged in the retail sale of baked products for consumption on or off site. The products may be prepared either on or off site. Such use may include incidental food service.

A financial institution that is open to the public and engaged in deposit banking and that performs closely related functions such as making loans, investments and fiduciary duties. Bank, savings and loan or credit union shall not include check-cashing establishments, title loan establishments or short-term loan establishments.

Any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises.

Any establishment or place of business within which the practice of barbering is engaged in or carried on by one (1) or more barbers.

That portion of a building located entirely or partially underground, but having at least one-half (½) of its floor-to-ceiling height located below grade.

An industrial facility used for the production of asphalt or concrete or asphalt or concrete products, used in building or construction and the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt or concrete products.

A structure containing a single dwelling unit with a full-time resident owner or resident manager, which provides lodging and breakfast to overnight guests only and has no more than five (5) sleeping rooms available. Each sleeping room shall be at least one hundred forty (140) square feet in area.

A parcel of land platted into lots and bounded by public streets or by waterways, rights-of-way, unplatted land, City or County boundaries or adjoining property lines.

The Peculiar Board of Aldermen.

A building, other than a hotel, occupied as a single housekeeping unit where lodging or meals are provided for compensation, pursuant to previous arrangement.

Any establishment engaged in tattooing, body piercing or branding human tissue for a non-medical purpose and operated in accordance with State law.

The perforation of human tissue other than an ear for a non-medical purpose.

A building used for bottling, canning or preserving of food items for storage and distribution.

A permanent mark made on human tissue by burning with a hot iron or other instrument.

A restaurant or hotel which includes the brewing of beer as an accessory use. These establishments produce no more than ten thousand (10,000) barrels of beer or ale annually. The area used for brewing, including bottling and kegging, shall not exceed twenty-five percent (25%) of the total floor area of the commercial space.

A facility engaged in the production and packaging of ales, beers, meads and/or similar beverages on site. Breweries manufacture more than ten thousand (10,000) barrels of beverage (all beverages combined) annually.

A facility engaged in the production and packaging of ales, beers, meads and/or similar beverages on site. Micro-breweries manufacture no more than ten thousand (10,000) barrels of beverage (all beverages combined) annually. A micro-brewery may include other uses such as a standard restaurant, bar or live entertainment as an accessory use.

A building used for commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with all facilities located entirely within buildings.

A structure for the transmission or broadcast of television, radio, data, communications or other signals, provided however, those non-commercial radio towers not exceeding one hundred (100) feet in height shall not be considered broadcast towers.

A strip of land established to protect one (1) type of land use from another incompatible land use or located between a land use and a private or public road.

An area of land that separates two (2) zoning districts and/or land uses that acts to soften or mitigate the effects of one use on the other.

The sum in square feet of the ground areas that may be occupied by buildings and structures on a lot.

A structure built, erected and used for the purpose of housing or enclosing persons, animals or chattels.

A subordinate building having a purpose customarily incident to and located on the lot occupied by the main building. An accessory building is considered an integral part of the main building when it has any part of a wall in common with the main building, is under an extension of the main roof and designed as an integral part of the main building or is located within six (6) feet thereof.

The various codes of the City that regulate construction and require permits to do work regulated by the adopted Building Code and other codes adopted by the City that pertain to building construction.

The vertical distance above grade measured to the level of the highest point of the roof beams of flat roofs and roofs inclining not more than one (1) inch to the foot or to the level of the top of the highest ridge on other roofs. The measurement may be taken from the average finished ground level adjoining the building or from the average adjacent sidewalk or curb level when such is not more than five (5) feet above grade.

The line delineating the location at which a building may be erected. The building line is measured at the required setback distance from the property line and is considered a vertical surface intersecting the ground on such line.

The Peculiar Codes Enforcement Officer.

A building within which the main or primary use of the lot or premises is located. Also see "USE, PRINCIPAL".

An indication of size and setback of buildings and their location with respect to one another including lot area, lot frontage, lot coverage, required front yard, required side yard, required rear yard and building height.

The storage of petroleum products in above ground or below ground storage containers designed for wholesale distribution or mass consumption.

Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

A school established to provide for the teaching of business, professional, clerical, managerial or administrative skills, which may be owned and operated for profit or nor for profit and generally do not offer a complete educational curriculum.

Uses providing services to people, groups, businesses, dwellings and other buildings. Business services shall include janitorial services, carpet and upholstery cleaning, painting and decorating, building maintenance, swimming pool maintenance, security service, graphics/advertising agency, photocopying/duplication, quick print shops, printing, blueprinting, sign painting, non-vehicle equipment rental, photographic studios and similar uses.

A parcel of land intended for the temporary occupancy of tents, campers and recreational vehicles, the primary purpose of which is recreation and provides open areas that are natural in character.

An establishment engaged in woodworking trades ranging from millwork, cabinetry, furniture making, etc.

A permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for vehicle shelter and storage.

A building or section thereof containing facilities for washing, waxing and vacuuming motor vehicles, except heavy trucks and buses, using production line methods or mechanical devices or providing spaces, water and hand-held equipment for use by the customer.

A building or section thereof containing facilities for washing, waxing and vacuuming heavy trucks and buses, using production line methods or mechanical devices or providing spaces, water and hand-held equipment for use by the customer.

A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination thereof.

The area within either the natural or artificial banks of a watercourse or drainageway.

A business engaged in cashing checks for members of the general public as a principal purpose of its operation and which is not a bank, savings and loan or credit union.

The City of Peculiar, Missouri.

A facility operated by one (1) or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.

An association of persons (whether or not incorporated), religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

A privately owned membership facility providing gymnasiums and athletic, health improvement, recreational and/or similar services.

A non-profit voluntary association of persons for the promotion of same purposes or philosophy. The permitted uses of a building owned or leased by such an association shall include all customary club activities such as lectures, discussions, meetings, social or recreational events and similar activities and shall also include as an accessory use the sale of food or beverages, but only where limited to club members and guests and only in conformance with all State and Federal regulations.

A development designed to concentrate buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and the preservation of environmentally sensitive areas.

A facility for the storage of perishable items in a refrigerated storage space.

A post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields.

The Peculiar Planning Commission.

A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners of the individual building sites in a clustered, mixed use or condominium development.

A land use which is congruous with, tolerant of and has limited adverse effects on existing neighboring uses.

The adopted Comprehensive Plan of the City of Peculiar.

A multiple-family dwelling in which title to individual dwelling units is held in separate ownership and the real estate on which the units are located is held in common ownership solely by the owners of the units.

A land use which transfers over neighboring property lines negative economic or environmental effects.

A residential facility for persons age fifty-five (55) years or over, their spouses or surviving spouses, providing four (4) or more individual living and sleeping units, as well as offering meal preparation, dining areas, laundry services, room cleaning and common recreational, social and service facilities for the exclusive use of all residents.

The protection and care that prevent destruction or deterioration of historical or otherwise significant structures, buildings or natural resources.

An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open or wooded condition and retaining such areas as suitable habitat for fish, plants or wildlife or maintaining existing land uses or preserving the ability of said land to be used for specific purposes.

See "ABUT".

A retail establishment less than five thousand (5,000) square feet in area offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood, which may include the sale of fuel for automobiles, but shall not include any automobile repair or service functions.

An unoccupied open space, other than a yard, located on the same lot with a building, which is bounded on two (2) or more sides by the walls of such building.

A facility containing properly installed, certified apparatus intended for use in the act of cremation.

See "STREET, CUL-DE-SAC".

A facility providing care or supervision for elderly or disabled adults in a protective setting for periods of less than twenty-four (24) hours per day per adult.

A facility providing care or supervision for up to ten (10) children by a person other than a parent, guardian or custodian for periods of less than twenty-four (24) hours per day per child on a regular basis.

A facility providing care or supervision for ten (10) or more children by a person other than a parent, guardian or custodian for periods of less than twenty-four (24) hours per day per child on a regular basis.

The number of dwelling units per acre of land allowable on a given tract or parcel of land.

A physical or mental impairment which substantially limits one (1) or more of a person's major life activities, being regarded as having such an impairment or a record of having such an impairment, which with or without reasonable accommodation does not interfere with performing the job, utilizing the place of public accommodation or occupying the dwelling in question. The term "disability" does not include current, illegal use of or addiction to a controlled substance as such term is defined by State law, however, a person may be considered to have a disability if that person:

An establishment engaged in making alcoholic drinks and spirits through the distillation process.

An outdoor structure used for the display of motion pictures, where the performance is viewed by all or a part of the patrons from motor vehicles.

An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry cleaning equipment or machinery on the premises.

A building or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel or articles of any sort using only the non-flammable dry cleaning solvent perchloroethylene (PERC) or similar non-flammable solvents approved for use in dry cleaning plants by the Federal Environmental Protection Agency and disposes of all dry cleaning process by-products in conformity with Federal Environmental Protection Agency requirements.

A building or portion thereof designed and used exclusively for residential occupancy, including single-, two- and multiple-family dwellings, boarding and lodging houses and manufactured homes, but not including hotels, house trailers or mobile homes.

A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families living independently of each other and providing separate kitchen and living spaces for each family.

A detached building arranged, intended or designed for occupancy by one (1) family.

A building arranged, intended or designed for occupancy by two (2) families living independently of each other and providing separate kitchen and living spaces for each family.

A building having one (1) room or rooms connected together, intended or designed for residential occupancy.

An authorization, by a property owner, providing for the use of a designated portion of the property by another for a specified purpose.

A facility engaged in the plating of metal products with a continuous coating by electrodeposition or immersion in molten zinc.

An advancement or intrusion beyond the lines or limits as designated and established by a Statute, ordinance or other law.

The expansion of a building, structure or use in volume, size, area, height, length, width, depth, capacity, ground coverage or number.

Constructed upon or moved onto a site.

A use involving on-site extraction of surface or subsurface mineral sand, gravel or soil resources. Typical uses include borrow pits, but do not include grading and removal of dirt associated with an approved site plan or subdivision or excavations associated with and for the improvement of an agricultural use.

One (1) or more persons who are related by blood, marriage or adoption, including not more than three (3) additional persons not so related, living together and occupying a single dwelling unit. Foster children shall be considered family.

An establishment devoted to hatching, raising or rearing fish for sale or use elsewhere.

Whenever the term "floor area" is used in this code as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories of said structure. All horizontal dimensions shall be taken from the exterior faces of walls.

The interior floor area of a dwelling, including stairways, hallways and closets, but not including basements, garages, breezeways, porches, patios or decks.

A building with a furnace and other necessary equipment designed and used to produce wrought iron products and where iron is made malleable.

A building with furnace and other necessary equipment designed and used to cast metals and metal products.

A building or area in which freight brought by motor truck, barge, air or rail is received, assembled or stored and dispatched for routing and may include storage.

That section of a block fronting on a street between two (2) intersecting streets or other block boundary.

Those sides of a lot abutting a street, measured along the front property line as it abuts the street right-of-way or easement line.

A street parallel and adjacent to, but separated from, an arterial or collector and primarily used for access to the abutting properties.

See "COLD STORAGE FACILITY".

An establishment selling various household furnishing goods, such as furniture, refrigerators, washing machines, etc.

A structure or building or portion thereof in which one (1) or more cars are parked or stored. For purposes of this Chapter, garages include carports.

A business engaged in making or altering outer clothing garments, including shoe repair.

A building and/or premises where gasoline, oil and minor auto accessories may be supplied and dispensed at retail, but not including automobile repair or services.

A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways and hazards. A golf course may include a clubhouse, restrooms, a driving range and shelters as accessory uses.

The average elevation of the finished ground level along a building wall.

A building or premises used for the cultivation of plants, preparation of floral arrangements, cold storage of flowers or dry storage of materials used and sold for agricultural or horticultural purposes.

A building constructed for the cultivation of plants not for sale on the premises.

A store where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products and which are substantially larger and carry a broader range of merchandise than convenience stores.

Any home in which eight (8) or fewer unrelated developmentally disabled persons reside and may include up to two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the developmentally disabled persons residing in the home.

A building or premises where there are facilities of any sort for the firing of handguns, rifles, other firearms or archery.

An area used or intended to be used for the landing and takeoff of helicopters and may include any or all of the areas of buildings appropriate to accomplish these functions.

A defined area designated by ordinance which contains properties or buildings that may or may not be recognized landmarks but which contribute to the overall historic character of the designated area.

An establishment engaged in the retail sale of various materials and supplies used for home repair or construction, including hardware, tools, building materials, paint and glass, housewares, household appliances and fixtures and garden supplies.

Any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes.

A private, non-profit corporation or association of homeowners of properties in a fixed area established for the purpose of owning, operating and maintaining various common properties and facilities.

The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees and cultured sod.

A coordinated program of palliative and supportive services provided in both home and inpatient settings which provides for physical, psychological, social and spiritual care for dying persons and their families where services are provided by a medically directed interdisciplinary team of professionals and volunteers and bereavement care is available to the family following the death of the person.

A building or institution licensed by the State and designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses.

A building or portion thereof, including more than twelve (12) sleeping rooms, offering transient lodging accommodations at a daily rate to the general public and may provide associated services such as restaurants, meeting rooms and recreational facilities. The word "hotel" includes motels and inns.

The construction of a building or structure on a vacant parcel located in a predominately built up area.

Any motor vehicle which:

Any change, alteration, extension, expansion or enlargement of a use or use and structure in combination where the off-street parking requirements of this code would be calculated at a higher ratio and/or would require that additional off-street parking spaces be provided.

Any premises licensed as such by the State, other than a residential care facility, assisted living facility or skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four (24) hour accommodation, board, personal care and basic health and nursing care services under the daily supervision of a licensed nurse and under the direction of a licensed physician to five (5) or more residents dependent for care and supervision in accordance with their State license.

A parcel of land that has not been subdivided through adopted plat procedures, but nonetheless has been assigned a lot or tract number for identification purposes.

Any lot, land parcel, building or structure or part thereof for storage, collection, purchase, sale, salvage or disposal including, but not limited to: machinery, appliances, farm equipment and including motor vehicles, parts and equipment that are a result of the dismantling or wrecking or keeping of junk, including scrap metals or other scrap materials.

Any structure, land or combination thereof used, designed or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, horses or other domestic animals on a not-for-profit basis or for educational activities.

Any structure, land or combination thereof used, designed or arranged for the keeping of horses only, when permitted as accessory to a residential use.

An enclosed building or structure for the commercial keeping, sheltering, training or selling of dogs, cats or other small domestic animals with attached outdoor runs or exercise areas permitted for use by animals.

A building or group of buildings in which are located facilities 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.

A facility for scientific laboratory analysis of natural resources, medical resources and manufactured materials. The scientific analysis is generally performed for an outside customer to support the work of that customer.

A disposal site employing a method of disposing solid wastes in a manner that minimizes environmental hazards in accordance with State and Federal requirements.

Plant materials, topography and other natural physical elements combined in relation to one another and to manmade structures.

An establishment providing for the self-service washing, drying and cleaning of clothes or linens.

A facility for the transitional residency of the elderly and/or disabled persons, progressing from independent living to congregate apartment living where residents share common meals and culminating in full health care and dependant nursing services. A life care facility may include services provided through any combination of assisted living facility, hospice, intermediate care facility, residential care facility and skilled nursing facility.

Buildings or spaces within buildings that are used jointly for commercial and residential purposes.

An off-street space located on the same lot with a main building or contiguous to a group of buildings, provided for the temporary parking of vehicles while loading or unloading and which abuts a street, alley or other appropriate means of ingress and egress.

A tract of land intended as a unit of transfer of ownership or development.

The total area within the boundary lines of a lot.

A lot abutting upon two (2) or more thoroughfares at their intersection. A corner lot shall provide a front yard setback along each street frontage.

That portion of a lot covered by principal and accessory structures and/or buildings, expressed as a percentage of the lot area.

The average distance from the front property line to the rear property line measured in the general direction of the side property lines.

A lot having a frontage on two (2) non-intersecting streets.

A lot with frontage and access provided to the bulk of the lot by means of a narrow corridor.

A lot whose boundary lines, along their entire length, touched lands under other ownership as indicated by plat or deed recorded in office of Recorder of Deeds of Cass County since on or before December 3, 1979.

Any lot other than a corner lot.

The lines bounding a lot as defined herein.

The property line abutting a street right-of-way or roadway easement line.

A property line which does not abut a street right-of-way or roadway easement line and is opposite and most distant from the front lot line.

Any lot line not a front lot line or rear lot line.

A lot which is part of a recorded plat recorded in the office of the County Recorder or lot or parcel described by metes and bounds, the description to which has been so recorded.

See "LOT, DOUBLE FRONTAGE".

The average horizontal distance between side lot lines measured at right angles to the depth of the lot.

A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on the approved private street and may consist of:

The manufacturing, processing and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft or construction processes.

Shops where lathes, presses, grinders, shapers and other wood- and metal-working machines are used such as blacksmith, tinsmith, welding and sheet metal shops; and plumbing, heating and electrical repair shops.

A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation and identified by a seal as required under State law. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.

A parcel of land which has been planned and improved for the placement of manufactured homes for residential use on single lots.

The initial manufacture, compounding and processing of raw or unprocessed materials or the manufacture of component parts that require additional processing, fabrication or assembly prior to use by the consumer.

The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts and the blending of materials, such as lubricating oils, plastics, resins or liquids, for final use or consumption.

A novelty version of golf played with a putter and a golf ball on a miniature course, typically with artificial playing surfaces and including obstacles.

A building or group of buildings containing individual, compartmentalized and controlled access stalls or lockers for storage.

Properties where various uses, such as office, commercial, institutional and/or residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design.

Any structure not defined as a manufactured home used for sleeping purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which have been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place.

A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes, but not including structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.

See "HOTEL".

A specialized structure for showing movies or motion pictures in one (1) or more auditoriums.

An institution devoted to the procurement, care, study and display of objects of lasting interest or value.

A building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations because it does not meet the height, setback or other requirements of the district in which it is located.

A lot that was lawful when created, but which does not conform to subsequently established zoning or subdivision regulations because it does not meet the area, dimension, parking, minimum improvement or other requirements of the district in which it is located.

A use that was lawful when established, but which does not conform to subsequently established zoning regulations because it no longer appears in the list of uses allowed in the district in which it is located or has not been issued a required permit.

The use of a premises for the propagation, cultivation and growth of trees, shrubs, plants, vines and the like from seed or stock and the sale thereof and including the sale of trees, shrubs, plants, vines and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches and fertilizers as are intended to be used in preserving the life and health of the plants may be sold.

A business establishment or portion thereof where consulting, record keeping, bookkeeping and clerical work are performed, but not to include medical offices or clinics.

A business establishment or portion thereof furnishing medical, surgical or other service to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental labs, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.

A development on a tract of land that contains a number of separate businesses, offices, light manufacturing facilities, accessory and supporting uses and common open space designed, planned and constructed on an integrated and coordinated basis.

A fence that completely screens the property beyond the fence, including wood stockade or privacy fences when all pickets are free of holes and gaps and solid walls. Chain link fences with slats are not considered to be opaque fences.

That part of a lot or parcel not devoted to buildings, structures, parking or loading areas, driveways or any principal or accessory use.

A separate and distinct area set aside as open space within or related to a development and not on individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development. Rights-of-way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or required yards shall not be included as common open space.

The establishment, care and harvesting of more than twenty-five (25) fruit-bearing trees for the purpose of selling the fruit to others.

An area of designated size used as a seating area with tables and chairs for the contiguous restaurant. This seating may be in addition to the indoor seating or it may be the only seating available for the restaurant.

A lot or parcel of land which is intended for other designated smaller uses and/or open space.

A district in which additional requirements act in conjunction with the underlying zoning district.

A lot or a contiguous group of lots in single ownership or under single control.

Any public or private land available for recreational, educational, cultural or aesthetic use.

An off-street, surfaced, ground level open area for the temporary storage of five (5) or more motor vehicles.

All hard-surfaced areas other than public rights-of-way for the purpose of parking vehicles.

The space designated for parking a vehicle within the paved portion of the street right-of-way.

A structure or portion thereof composed of one (1) or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.

Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

The location at which or premises in which a pawnbroker regularly conducts business.

A facility for the detention, confinement, treatment or rehabilitation of persons who are in the custody of law enforcement officials and have been arrested or convicted for the violation of civil or criminal law.

A financial guarantee to ensure that all improvements, facilities or work required by this code will be completed in compliance with these regulations as well as with approved plans and specifications of a development.

An enclosed or open-air space suitable for a variety of arts performances, the principal use of which space shall be for public performing arts presentations, although incidental use for private meetings, exhibits and presentations shall be permitted.

See "USE, PERMITTED".

An establishment where a household pet may be left for a period of time less than twenty-four (24) hours, where kenneling does not occur.

A retail sales establishment primarily involved in the sale of supplies and goods used for domestic animals, which may be secondarily involved in the sale or grooming of domestic animals, such as dogs, cats, fish, birds and reptiles, but excluding exotic animals and farm animals such as horses, goats, sheep and poultry.

A map showing the location, boundaries and legal description of individual lots.

A lot or zoning lot, together with all improvements thereon.

A commercial printing operation involving a process that is considered printing, imprinting, reproducing or duplicating images and using printing methods including, but not limited to, offset printing, lithography, web offset, flexographic and screen process printing.

An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint or offset printing equipment, including publishing, binding and engraving.

A building or structure used for the sale of fresh fruits, vegetables, flowers, herbs or plants. May also involve the accessory sales of other unprocessed foodstuffs, home processed food products and homemade handicrafts.

The legal, platted boundary of a lot or tract of land.

Any building, location or structure owned by a public entity such as a library, fire station, school, park and other similar facilities and uses.

A specified activity or area that either through actual public ownership or through dedication of easements allows the general public access and use.

Any business which furnishes telephone service, cable, fiber optic, electricity, natural gas, water, sewer or services to the general public.

An excavation activity designed to mine, extract or remove specific natural resources from the earth's surface for commercial purposes. This does not include underground mining and extraction.

The Cass County Recorder of Deeds.

Indoor and outdoor facilities for the use by the public for passive and active recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming or golf. This shall include country clubs and athletic clubs, but not facilities accessory to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events.

A vehicular unit designed for recreational camping or travel use having either its own power or designed to be mounted on or drawn by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, camping trailer and fifth wheel.

A tract of land upon which two (2) or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers or travelers.

The act of rehabilitation or demolition of existing buildings and/or land area irrespective of whether a change occurs in land use.

A site used by a bona fide religious group primarily or exclusively for religious worship and related religious services, including a place of worship, retreat site or religious camp.

Any premises licensed as such by the State, other than an assisted living facility, intermediate care facility or skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four (24) hour care to five (5) or more residents, who need or are provided with shelter, board and with protective oversight, which may include storage and distribution or administration of medications and care during short-term illness or recuperation in accordance with their State license.

Any premises where a group of individuals (who are not mentally ill or developmentally disabled) reside while receiving treatment for alcohol or other drug abuse. Such facility shall not include residents with a current or ongoing addiction to alcohol or other drugs.

Any business establishment or portion thereof where food is prepared for sale for consumption off the premises and served in disposable containers or wrappers, including all fast-food restaurants equipped with a drive-through service or having a carry-out service and having no customer seating.

Any business establishment or portion thereof where food is prepared for sale for consumption on or off the premises and/or served in disposable containers or wrappers, including all fast-food restaurants equipped with a drive-through service and/or having a carry-out service.

Any business establishment or portion thereof where food is prepared for sale for consumption on the premises, including all sit-down restaurants, where food and beverage are served in non-disposable containers and which may involve carry-out service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant.

A stand alone building with a large parking lot or a part of a larger commercial center with a gross floor area of sixty thousand (60,000) square feet or more including, but not limited to: department store, supermarket, wholesale club operation, discount store, general merchandise retailer, specialized product store (i.e., electronics, building materials or pet supplies), outlet store, general merchandise wholesaler open to the public, warehouse club and similar uses.

Establishments less than sixty thousand (60,000) square feet engaged in selling goods or merchandise to the general public for personal or household consumption and/or services in conjunction or separate to the sale of such goods. Retail sales/service establishments shall not include eating and drinking places, uses defined as adult entertainment, vehicle sales or service or wholesale, processing or manufacturing operations with an accessory retail outlet on the premises.

An age restricted development limited to residents who are fifty-five (55) years old or more, which may be in any housing form, including detached and attached dwelling units, apartments and residences, offering private and semi-private rooms.

An amendment to or change in the official Zoning Map.

An area or strip of land, either public or private, on which an irrevocable right of passage has been dedicated, recorded or otherwise legally established for the use of vehicles, utilities and/or pedestrians.

The travel surface of a street located between the curbs or pavement edges when curbs are not present.

An engineered land burial facility for the disposal of solid waste which is so located, designed, constructed and operated to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.

Proportional relationship of the size of parts to one another and to the human figure.

Public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by State law.

A school where classes in the various arts (e.g., dancing, painting, sculpting, singing) are taught to four (4) or more persons at a time.

A school or center for children under school age.

A structure of planting that conceals from view from public ways the area behind such structure or planting.

The careful and planned removal of trees, shrubs and plants using specific standards and protection measures.

Ownership of a parcel of land by a person who does not own any of the land abutting such parcel.

A building and premise where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires and motor vehicle accessories and where light maintenance activities such as engine tune-ups, lubrications and washing may be conducted, but not including heavy maintenance and repair such as engine overhauls, painting and body repair.

The distance required between a property line or roadway easement line and the placement of a building or structure on a lot.

A line which defines the depth of the required front yard between the front of a building or structure and the street right-of-way. Corner lots and through lots shall have a front yard setback along both street frontages.

The minimum distance as prescribed by this code between any property line or roadway easement line and the closest point of the building line or face of any building or structure related thereto.

A line which defines the depth of the required rear yard between the rear of a building or structure and the property line opposite the front yard. Said setback line shall be parallel with the rear property line except for corner lots and through lots.

A line which defines the depth of the required side yard between the side of a building or structure and an interior property line, extending between the established front and rear setback lines. Said setback line shall be parallel with the interior property line. For purposes of accessory buildings/structures, the side yard setback shall be extended to the rear property line.

A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated from customer access, aesthetic considerations and protection from the elements.

A group of commercial establishments with off-street parking on the property that are generally planned and developed as an architectural unit, with a primary trade area of the neighborhood(s) in which it is located.

A group of commercial establishments with off-street parking on the property that are planned and developed as an architectural unit, a centrally managed facility requiring a highway or arterial location for their most beneficial operation; the market area of which includes the metropolitan area.

A business engaged in providing short-term loans to members of the general public and which is not a bank, savings and loan association or other financial institution as defined in this Chapter. Short-term loan establishments shall include businesses offering payday loans, signature loans, small loans, consumer installment loans and other similar loans, but the term does not include pawnshops or title loan establishments.

See "OUTDOOR DINING AREA".

See "VISIBILITY TRIANGLE".

The use of land, buildings or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or other similarities.

A plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, utilities, landscape features and other principal site development improvements for a specific parcel of land.

A recreational facility containing ramps and other obstacle courses and devices for use with skateboards and skates.

A structure which is shaped into a half circle or oval, that is designed and principally intended to permit persons on skateboards to move continuously from one side to the other.

A structure with an upward inclined surface, essentially one (1) of the sides of a pipe, which are designed and principally intended to permit persons on skateboards to move from horizontal to vertical and back to horizontal.

An establishment that provides facilities for participant skating on ice skates, roller skates or inline skates.

Any premises licensed as such by the State, other than a residential care facility, an assisted living facility or an intermediate care facility, which is utilized by its owner, operator or manager to provide for twenty-four (24) hour accommodation, board and skilled nursing care and treatment services to at least five (5) residents. Skilled nursing care and treatment services are those services commonly performed by or under the supervision of a registered professional nurse for individuals requiring twenty-four (24) hours a day care by licensed nursing personnel including acts of observation, care and counsel of the aged, ill, injured or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist and other nursing functions requiring substantial specialized judgment and skill in accordance with their State license.

A facility for the slaughtering and processing of animals and the refining of their by-products.

An establishment engaged in the repair of small electric items such as radios, televisions, computers and small appliances such as toasters and microwave ovens, but not including large electrical items or appliances such as ranges, refrigerators, washers or dryers.

A retail commercial use less than five thousand (5,000) square feet that merchandises a limited amount of products of a similar nature such as, but not limited to, jewelry, vintage clothing, imported goods, home furnishings, greeting cards, ice cream and candy, books, art supplies, coffee or health food.

The showing of:

Activities which include:

The zoning of a small land area for a use which differs measurably from the zoned land use surrounding this area. Land may not merely be so zoned in the interest of an individual or small group, but must be done in the general public interest.

An accessory building for the keeping of ponies, horses or mules owned by occupants of the premises and not kept for remuneration, hire or sale.

A stable other than a private or riding stable as defined herein.

A structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire; including riding tack.

A structure used for the temporary keeping of livestock for slaughter, market or shipping and may include animal sales in auction yards.

The keeping, in a roofed or unroofed area, of any goods, material, merchandise or vehicles.

A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

A conduit that carries natural storm and surface water drainage but not sewage and industrial wastes, other than unpolluted cooling water.

Any storm drainage technique that retards or detains runoff, such as a detention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof. Said detention shall be designed by a licensed professional engineer and approved by the City.

The collecting, conveyance, channeling, holding, retaining, detaining, infiltrating, diverting, treating or filtering of surface water or ground water and/or runoff, together with applicable managerial (non-structural) measures.

An area designed by a licensed professional engineer and approved by the City to retain water to control the flow of stormwater.

Surplus surface water generated by rainfall that does not seep into the earth but flows over land.

That part of a building included between the surface of one floor and the surface of the floor next above or if there be no floor above, that part of the building which is above the surface of the next highest floor thereof. A top story attic is one-half (½) story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is the highest story having its interior floor surface not more than four (4) feet above the average grade or established curb level.

A public or private thoroughfare, right-of-way or roadway easement dedicated, deeded or recorded for use as such, other than an alley, which affords principal means of access to property abutting thereon.

The centerline of a street right-of-way as established by official surveys.

See "FRONTAGE, ROAD".

See "ALTERATION, STRUCTURAL".

Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground including, but not limited to, buildings, manufactured or mobile homes, advertising signs, billboards, poster panels, fences or boundary or retaining walls.

The division of a lot, block, tract or parcel of land into two (2) or more lots, parcels, plats or sites or other divisions of land, including all changes in street lines or lot lines, for the purpose of sale, lease, offer or development, whether immediate or future. The term shall also include the division of residential, commercial, industrial, agricultural or other land whether by deed, metes and bounds description, lease, map, plat or other instrument. The division of land into lots two (2) or more in number, each lot with area greater than five (5) acres and not involving any new street, alley, easement or other means of access, shall not be deemed a subdivision for the purpose of this Chapter.

A retail establishment primarily selling prepackaged and perishable food as well as convenience and household goods and having a gross floor area of sixty thousand (60,000) square feet or more.

The act of creating one (1) or more of the following:

A structure used as a day facility or temporary dwelling for abuse victims, transient or homeless individuals, but not including orphanages or foster homes, operated by a non-profit religious, educational or philanthropic institution.

See "USE, TEMPORARY".

The entire width of the public right-of-way, as distinct from the roadway.

An establishment primarily engaged in the sale of used clothing, household goods, furniture or appliances. This classification does not include antique shops.

A business engaged in providing title loans to members of the general public as an element of its operation and which is not a bank, savings and loan or credit union. "Title loans" are defined as a transaction between a borrower and a lender for which the borrower pledges any titled personal property to the lender as security for a loan received from the lender.

A one-family dwelling unit, with a private entrance, in a group of two (2) or more units laterally connected and having a totally exposed front and rear wall to be used for access, light and ventilation.

A facility engaged primarily in the fueling, servicing, repair or parking of tractor trucks or similar heavy commercial vehicles. A truck stop may also include a convenience store, restaurant, overnight parking and shower facilities.

The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained.

A use customarily incidental, related, appropriate and clearly subordinate to the main use of the property, which does not alter the principal use of the lot or affect other properties in the district.

Any land use allowed without condition within a zoning district.

The main use of land or structure, as distinguished from an accessory use. Also see "BUILDING, PRINCIPAL".

Any use of land, other than non-conforming, which is not listed as a permitted use or conditional use within a zoning district.

A use where allowed by the district regulations, that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relationship to the neighborhood or other minimal protective characteristics, would not be detrimental to the public health, safety and general welfare.

Impermanent uses of an occasional nature not exceeding six (6) months maximum duration. Temporary uses shall not involve the use of permanent structures, permanent signs or portable signs. Uses of a seasonal nature that recur periodically on a regular basis on the same site and reoccupy the same permanent building shall not be considered temporary uses.

A relief from, modification of or variation from the strict application of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.

A vehicle shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on land or water including, but not limited to, automobiles, trucks, bicycles, motorcycles, snowmobiles, boats, trailers, campers, wagons, etc.

A facility which provides vehicle collision repair services, including body frame straightening, replacement of damaged body or frame parts and painting, but does not include mechanical engine or powertrain repair.

The storage and display for the retail or wholesale sale, rental or lease of more than two (2) new or used vehicles and which may include facilities for the incidental repair or body work of vehicles.

A facility providing major vehicle repair, bodywork, frame straightening, welding, painting, temporary storage of non-operable vehicles and the sale of motor fuels, tires and lubricants for retail sale directly to the motorist/consumer.

An area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede visibility.

A use devoted to the distribution and sale of information for visitors and other travelers.

A building used primarily for the storage of goods and materials.

Use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment.

A use engaged in the process of joining that uses heat, pressure and/or chemicals to fuse two (2) metal materials together permanently.

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

An establishment for the on-premises sales of goods primarily to customers engaged in the business of reselling purchased goods.

An agricultural processing facility used for the fermenting and processing of fruit juice into wine, the refermenting of still wine into sparkling wine.

A required open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided by this code. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the average horizontal distance between lot lines and the main building shall be used.

The Peculiar Zoning Board of Adjustment.

A section of the City with defined boundaries in which zoning regulations and standards are uniform.

An officially adopted map depicting the boundaries of the various zoning districts described in this code.