This Chapter may be known and cited as the "Rocky Ford Zoning Ordinance."

(Prior code, § 12.02.010; Ord. No. 914, § 1, 2-9-2016)

Section 31-23-301, C.R.S., authorizes the governing body of the City, the City Council, to provide for the zoning of all or parts of the incorporated portion of the City.

(Prior code, § 12.02.020; Ord. No. 914, § 1, 2-9-2016)

The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards, improve public safety and lifeguard the public health; and to create a stable pattern of land uses which can be easily and equitably serviced. In the interpretation and application of the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare.

(Prior code, § 12.02.030; Ord. No. 914, § 1, 2-9-2016)

This Chapter classifies, regulates and restricts the height, number of stories and size of buildings and other structures; the percentage of the lot that may be occupied; the size of the yards, courts and other open spaces; the density of population; and the location and use of buildings, structures and land for trade, industry, residence or other purposes within the incorporated areas of the City. Except as otherwise provided, no zoning permit shall be issued for a use not specifically mentioned or described unless, in the judgment of the Zoning Administrator, the proposed use is similar to a listed use.

(Prior code, § 12.02.040; Ord. No. 914, § 1, 2-9-2016)

For the purpose of this Chapter, the City is divided into zoning districts designed as follows:

(Prior code, § 12.02.050; Ord. No. 914, § 1, 2-9-2016)

(a)

The location and boundaries of the districts designated in Section 16-1-50 above are hereby established as shown on Zoning Map the City, hereinafter referred to as the "Zoning Map."

(b)

The Zoning Map and all the notations thereon are hereby made part of this Chapter.

(Prior code, § 12.02.060; Ord. No. 914, § 1, 2-9-2016)

When not inconsistent with the content, words used in the present tense include the future, words in the singular number include the plural number and the masculine includes the feminine. Additionally:

(1)

The word shall is mandatory.

(2)

The word may is permissive.

(3)

The word person includes a firm, association, organization, partnership, trust, company, corporation or other legal entity, as well as an individual.

(4)

Whenever the words dwelling,dwelling unit, rooming house, rooming unit or premises are used, they shall be construed as though they were followed by the words or any part thereof.

(5)

The word building includes the word structure; the term use includes the words arranged, designed or intended to be used; and the term occupied includes the words arranged, designed or intended to be occupied.

(6)

If a term or word causes difficulties in interpretation and is not herein defined or properly described, the Planning Commission shall define the terms and recommend to the City Council that it amend this Chapter to include an appropriate definition.

(Prior code, § 12.04.010; Ord. No. 914, § 1, 2-9-2016)

For the purpose of this Chapter, certain words and terms are hereby defined as follows:

Abandoned vehicle means any vehicle left within the limits of any street, road, highway or alley, or upon property of another without the consent of the owner of such property, for a period of 24 hours or longer. A vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance; thus, a properly licensed operable vehicle shall not be abandoned if the vehicle is parked in a legal manner within a designate parking space.

Accessory building or structure means any building or structure, not larger than two-thirds the size of the principal building, or structure designed and constructed not to be used as living space, but for storage purposes or the like, including specifically but not limited to a garage, shop, studio, shed, workshop, solar panel, hot tub, satellite dish, radio or television antenna or similar unit.

Alley means any public space or thoroughfare less than 20 feet but not less than ten feet in width, which has been dedicated or deeded to the public for public use and which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Alter means any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.

Alternative energy structure means any structure or element of a structure designed, used or intended for use as an alternative energy system or an element of an alternative energy system, which structure is designed and constructed not to be used as a living space, exceeds the maximum height allowed for accessory uses when attached to an accessory building, or exceeds the maximum height allowed for the principal use building when attached to the principal use building.

Apartment house. See Dwelling, multiple.

Approved means sanctioned by the appropriate official as required by law, so long as all provisions of these zoning regulations are met.

Auto repair shop means a shop or place of business for repair and maintenance of automobiles, trucks and other automotive and farm equipment which carry a valid title and show a work order.

Automobile and trailer sales area means an open area, other than a street, used for the display, sale or rental of new or used automobiles, trailers and related vehicles, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.

Bed and breakfast means a residential property which has been modified or renovated to accommodate overnight guests for a short-term period of less than 30 days, in which the owner may reside and in which meals are served as a part of or in conjunction with the rates charged for the room.

Block means a distinct portion or plot of land in a platted subdivision described and numbered as a block on the recorded plat of said subdivision, or a distinct portion or plot of land bounded on all sides by public streets, alleys or easements.

Building means any structure used or intended for supporting or sheltering any use or occupancy. See also Structure.

Building area means that portion of a lot or parcel that can be occupied by a building or structure.

Building, height of, means the vertical distance at the center of a building's principal front measured from the established street grade to the highest point of the coping of a flat roof or to the center height between the eaves and ridge for pitched roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building.

Building line means a line on a plat or the theoretical line on the ground between which line and a street, alley or private place no principal building or structure may be erected. This is the farthest extended part of the building, such as roof eaves or porches.

Building, nonconforming. SeeNonconforming structure.

Building, principal, means a building in which is conducted the main or principal use of the lot or parcel on which said building is situated, including garages, carports, storage sheds, etc., which are attached to the principal building.

Business and professional office means the office of an architect, attorney, dentist, doctor, engineer, insurance broker or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.

Campgrounds andrecreational areas means organized campgrounds, including federal-owned and federal-designated, state-owned and state-designated and municipal-owned and municipal-designated parks and campgrounds; privately owned campgrounds which are made available, either with or without a fee to the public; and all public lands and surface waters of the State, other than campgrounds, used for picnicking, camping and other recreational activities.

Carport means a structure with a roof and at least two open sides (it is considered a building).

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

City Council means the City of Rocky Ford City Council.

Clinic, dental or medical, means a building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their professions. A clinic may include a dental or medical laboratory but not facilities for inpatient care or operating rooms for major surgery. See also Hospital.

Club means a building or rooms and accessory buildings and grounds occupied by a nonprofit association of persons for the promotion of some common objective, such as, but not limited to, literature, science, politics, recreation and good fellowship, meeting periodically, limited to members, with not more than one-third of the gross floor area being used for residential activity.

Communication facility means a non-inhabitable structure or tower, up to 100 feet in height, and accessory building, supporting antennas and microwave dishes that send and/or receive radio frequency signals, including television and date impulses, through space by means of electromagnetic waves. Individual/personal direct-to-home satellite services are not included in this definition.

Comprehensive Plan means the sum of policies, proposals, programs, maps and reports adopted and identified by the Planning Commission as components of the Comprehensive Plan.

Condominium means an apartment house in which the apartments or dwelling units are individually owned; each owner receiving a recordable deed enabling him or her to sell, mortgage, exchange, etc., his or her unit independent of the owners of the other units in the building.

Density means the number of dwelling units per acre of land devoted to housing and usable open space.

Developmentally disabled, home for means a home for those persons having cerebral palsy, multiple sclerosis, mental retardation, autism and epilepsy, or any other developmental disability.

District, zone means a land area or land areas, as defined by the Zoning Map, within which the zoning regulations are uniform.

Drive-in restaurant orrefreshment stand means any place or premises used for sale, dispensing or serving of food, refreshments or beverages to customers while they remain in their automobile.

Duplex means a dwelling structurally connected and designed for or used exclusively as a residence by two families living independently of one another.

Dwelling means any room or group of rooms forming a single habitable unit with facilities which are used or intended to be used by one family and/or its resident domestic servants for its living, sleeping and cooking and eating needs. The width of any projected view of an exterior wall elevation of a residence shall not be less than 20 feet. The term dwelling shall include a manufactured home which:

(1)

Is partially or entirely manufactured in a factory.

(2)

Is not less than 24 feet in width and 36 feet in length.

(3)

Is installed on an engineered permanent foundation and footer with a stem wall around the perimeter. The stem wall must be a minimum of six inches of poured concrete or constructed with a six-inch concrete block.

(4)

Has brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of wall section) downward to the top of the exposed perimeter wall or foundation or to grade, whichever is applicable, and has a pitched roof.

(5)

Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C., § 5401, et seq., as amended, and all regulations enacted pursuant thereto, including any local modifications as are expressly allowed by federal law, or has been certified by the State as being in compliance with the requirements of the Building Code as adopted by the State, and as is enforced and administered by the Colorado Division of Housing.

The term dwelling shall also include conventional stick-built housing, but shall not include mobile homes as defined herein.

Dwelling, multiple, means any building or portion thereof which is designed, built, leased, let or hired out to be occupied or which is occupied as the home or residence of two or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

Dwelling, single-family, means any building, or portion thereof, which contains one dwelling unit used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which is occupied for living purposes.

Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Easement means a right held by the public, a corporation or persons to make use of the land of another for a limited purpose as a rite of passage.

Educational institution means schools and/or seminaries administered by churches or religious organizations; schools, colleges or universities administered by public agencies; nonprofit schools, colleges or universities operated under a charter or license from the State; and any nonprofit institution, residence or home operated for the education of five or more students.

Enclosed means surrounded by four walls with a roof and no contents visible.

Engineered foundation means a foundation which, by using engineering calculations or testing and by following commonly accepted engineering practices or manufacturer's recommendations, all components and subsystems will perform to meet health, safety and functional requirements and shall include a footer and stemwall around the perimeter of the dwelling, which stemwall must be a minimum of six inches of poured concrete or constructed with six-inch concrete block, or as otherwise required by the manufacturer's recommendations or the Building Code adopted by the City or as designed by a licensed engineer.

Extended care facility means an establishment that provides lodging, board and personal services for the health, safety and comfort of persons residing therein. This term does not apply to hospitals.

Fabrication means the stamping, cutting, assembling or otherwise shaping of processed materials into useful objects, excluding the refining or other initial processing of basic raw materials.

Family means a group of persons related by blood, marriage or adoption living together on the premises in a single dwelling unit, or a group of not more than five individuals living in a single dwelling unit not related by blood, marriage or adoption.

Family care home means a facility for child care in a place of residence of a family for the purpose of providing family care and training for a child or children under the age of 18 years who are not related to the head of such home. The term includes any family care home receiving a child or children for regular part-time or regular full-time care, and anyone receiving a child or children from any state-operated institution for child care or from any child placement agency.

Farming means the act or business of cultivating land and producing crops.

Feedlot means an enclosure for the feeding of fowl, sheep, hogs, cattle or other livestock where the livestock are kept within restricted areas, where a majority of the feed is purchased rather than being produced on the same property and where the livestock are especially fed for weight gain prior to sale or slaughter.

Floodplain means an area in and adjacent to a stream, which area is subject to flooding as the result of the occurrence of an intermediate regional flood, and which area thus is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property.

Floodproofing means a combination of structural provisions, changes or adjustments to lands, properties and structures subject to flooding, primarily for the reduction or elimination of flood damage to lands, properties, structures and contents of buildings in a flood hazard zone.

Floodway zone means the channel of a stream and those portions of the adjoining floodplain which are reasonably required to carry and discharge the floodwaters of an intermediate regional flood. In the context of these regulations, it is the floodplain LESS the low hazard zone, if any such low hazard zone has been designated or otherwise regulated under these regulations. If no low hazard zone has been so designated or regulated, then the terms floodplain and floodway zone shall be synonymous.

Floor area, gross, means the sum of the gross horizontal areas measured between the exterior faces of exterior walls of the several floors of a building and accessory buildings, including interior walls, balconies, mezzanines, hallways, walls, basements and cellars, and including the area of roofed porches, patios and carports having more than one wall.

Floor area, net, means the sum of the gross horizontal areas measured between the interior faces of exterior walls of the several floors of a building, including all floors having one-third of their vertical dimension above grade; but excluding garages, accessory store rooms and/or areas, roofed porches and patios, carports, cellars and wells.

Frontage means that portion of a lot, parcel, tract or block abutting upon a street. See also Yard, front.

Garage means a fully enclosed structure for the parking of motor vehicles.

Grazing means feeding or growing grasses or herbage.

Health Department means the Otero County Health Department.

Home occupation means a use for gain or support in a residential zone, conducted on the parcel and carried on by its inhabitants and no others, which use is clearly incidental and secondary to the use of the parcel for residential purposes and which does not change the character thereof.

Hospital means any building or portion thereof used for the accommodation or nursing, medical, surgical or psychiatric care of sick, injured or infirm persons. See also Clinic, dental or medical.

Hotel means a building containing six or more guest rooms intended or designed to be used, which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

House, guest, means living quarters within a semi-attached or detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises.

Intermediate regional flood means a type of flood, including the water surface elevation and territorial occupation thereof, which can be expected to occur at any time in a given area based upon recorded historical precipitation and other valid data, but with an average statistical one-percent chance of being equaled or exceeded during any one year. The term is used interchangeably with a one-percent flood or one-hundred-year flood.

Junk, refuse and waste means objects, material, property or items which, by reason of their location and character, are dangerous to public health, safety or welfare, are unsightly, interfere with the reasonable enjoyment of the property by neighbors, detrimentally affect property values in the surrounding neighborhood or community or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. Junk, refuse and waste includes, but is not limited to: rubbish, refuse, debris, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, crates, cartons, containers, boxes, inoperable machinery or parts thereof, scrap metal and other pieces of metal, whether ferrous or non-ferrous, dead plants and trees, trimmings from plants and trees, cans, bottles, barrels, bones, rags, used rubber or used rope. Junk, refuse and waste shall also include any material or object, used or new, which is not presently usable, including but not limited to: scrap metals in their alloy, bones, rags, cloth, rubber pieces, rope, tinfoil, bottles, tools, fixtures, utensils, lumber, boxes, crates, pipe or pipe fittings, automobile or airplane tires, machinery and appliances. Objects or material shall be considered junk if they are so worn, deteriorated or obsolete as to make them unusable in their existing condition, if they are not capable of being used in their present location on the property or if they cannot legally be used due to the absence of the legal prerequisites to use, and shall specifically include junked or abandoned vehicles.

Junk or abandoned vehicle means any vehicle not capable of travel under its own power, or any vehicle not bearing current registration plates or, if bearing such plates, which remains stationary or unused for more than 30 consecutive dates; or any automobile, truck or self-propelled vehicle which does not comply with the minimum safety requirements of the Colorado Motor Vehicle Law. Junk vehicle shall also include any vehicle which is not capable of such travel in its existing mechanical condition; or any dismantled, partially dismantled, discarded, wrecked, demolished or partially demolished vehicle.

Junk yard, salvage yard or dumping ground means any property, establishment or place of business which is used, operated or maintained for the permanent or temporary storage, keeping, buying or selling of refuse, waste, junk, junk vehicles or abandoned vehicles. Junk yards, salvage yards or dumping grounds shall also include property or places used for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind for the storing or leaving of worn out, wrecked, inoperable or abandoned automobiles, trucks, tractors, trailers, house trailers or machinery of any kind or any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors, builders or other persons.

Kennel and pet shop means any lot, parcel, tract or structure in which pets are kept, maintained, housed, treated or sold for private gain.

Laundromat means an establishment providing washing, drying, ironing or dry-cleaning machines for hire, to be used by customers on the premises.

Limited commercial means commercial endeavors that require minimal exterior amenities. This type of use must impose little or no unusual pressure on the surrounding area; for example, a residence converted to an architect's office.

Living area. See Floor area, net.

Loading space means a space within the main building or on the same lot, parcel or tract providing for the standing, loading or unloading of vehicles or trailers.

Lodge. See Club.

Lot means a distinct portion or plot of land in a recorded, platted subdivision described and numbered or lettered as a lot on the recorded plat of said subdivision. See also Parcel and Tract.

Lot, corner, means a lot situated at the junction of two or more streets.

Lot coverage means that portion of the lot, parcel or tract shielded from the sky by buildings and/or structures.

Lot depth means the distance between the front and rear lot lines.

Lot, interior, means a lot other than a corner lot.

Lot line means the perimeter or outer boundary of a lot, parcel or tract.

Lot line, front, means the line separating such lot, parcel or tract from any public street right-of-way.

Lot line, rear, means the line which is opposite and most distant from a front lot line or, on an irregular or triangular lot, a line which is at least ten feet long entirely within the lot parallel to and furthest distance from the front lot line.

Lot line, side, means a line connecting a front lot line with a rear lot line.

Lot, nonconforming. See Parcel, nonconforming.

Lot, through, means an interior lot having frontage upon two parallel or nearly parallel streets.

Lot width means the distance between the side lot lines measured at the required front building setback line or, in the case of an irregularly shaped lot, the front building line.

Low hazard zone means that area of the floodplain in which the waters of an intermediate regional flood will not attain a maximum depth greater than one and one-half feet.

Machine shop means a structure containing machinery for the manufacture, modification or repair of metal goods and equipment.

Manufacture means the creation of a finished or semi-finished product.

Master Plan. See Comprehensive Plan.

Mobile home means a detached, single-family housing unit that may not meet the definition of Dwelling set forth herein and which has all the following characteristics:

(1)

Is designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, and has plumbing and electrical connections provided for attachment to outside systems;

(2)

Is designed to be transported, after fabrication, on its own wheels, on flatbed or other trailers or on detachable wheels;

(3)

Arrives at the site where it is to be occupied as a complete unit and is ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports or jacks, underpinning, connections to utilities and the like;

(4)

Is installed on an engineered permanent foundation;

(5)

Has brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of wall section) downward to the top of the exposed perimeter wall or foundation, or to grade, or has skirting of the same or similar material and color as the siding, whichever is applicable, and has a pitched roof;

(6)

Exceeds eight feet in width and 32 feet in length, excluding tower gear and bumpers;

(7)

Is without motive power; and

(8)

Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C., § 5401, et seq., as amended, and all regulations enacted pursuant thereto, including any local modifications as are expressly allowed by federal law.

Mobile home, double-wide, means a unit which is built in two separate units which are bolted or secured together to make one dwelling unit. Said unit shall meet the Housing and Urban Development Building Standards established for mobile homes.

Mobile home park means any plot of ground upon which two or more mobile homes, occupied or intended to be occupied for dwelling or sleeping purposes, are located for periods of longer than 90 days, regardless of whether or not a charge is made for such accommodation.

Mobile home, single-wide, means a unit which is built and transported as a single dwelling unit and is not intended to have additions or other units bolted or secured to it. Said unit shall meet the Housing and Urban Development Building Standards established for mobile homes.

Motel means a building or group of buildings containing guest rooms, usually with access directly from a parking lot.

Museum means a building or structure for the display of natural, scientific, literary or artistic objects of general, historic or other special interest.

Nonconforming structure means a building, structure or portion thereof, lawfully existing at the time of the passage of the zoning ordinance and amendments thereto, which does not conform with the provisions of this Chapter or amendments hereto.

Nonconforming use. See Use, nonconforming.

One-hundred-year flood or one-percent flood means an intermediate regional flood.

Owner means any person who, alone or jointly or severally with others, shall have legal title to any land or structure, or contract of purchase, with or without accompanying actual possession thereof; or shall have charge, care or control of any land or structure as owner or agent of the owner, or as executor, administrator, conservator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Chapter and of the rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.

Parcel means a lot or tract, or contiguous groups or portions of such lots and/or tracts, shown on the County Assessor's roll, or a contiguous area of land under legal control of any one person, partnership, firm, corporation, syndicate, agency or institution. See also Lot and Tract.

Parcel, nonconforming, means a parcel which lawfully existed at the time this Zoning Ordinance or any amendments hereto became effective, but which does not now conform to the regulations applicable in the zone district in which it is located.

Parking means the assembling or standing of motor vehicles, boats and trailers for relatively temporary periods of time.

Parking, commercial, means parking lots or structures open to the public and operated for a profit.

Parking, community, means parking lots or structures not open to the public but shared by several persons not residents on the premises.

Parking lot means a lot, parcel or tract for the parking of motor vehicles and trailers.

Parking, off-street, means parking of motor vehicles off of public rights-of-way. An off- street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

(1)

Required off-street parking areas for three or more automobiles shall have individual spaces marked and shall be so designated, maintained and regulated that no parking lot maneuvering incidental to parking shall be on any public street, walk or alley and so that any automobile may be parked and unparked without moving another automobile.

(2)

For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case and in accordance with all ordinances and regulations of the City.

Parking space means a rectangular area designated for parking with a minimum width of nine feet and a minimum depth of 18 feet.

Person means firms, corporations, associations, partnerships, societies and/or individuals.

Planned unit development means an area of land improved as a residential development in which normal restrictions of lot sizes, setbacks, densities, land uses and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel. Approval may be given upon evidence of the provisions of open spaces, public facilities access and other considerations deemed important by the Planning Commission.

Planning Commission means the Planning Commission established at Chapter 2, Article 12 of this Code.

Plat means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder.

Premises means part or all of any lot, parcel or tract of land or part or all of any building or structure or group of buildings or structures located thereon.

Property line means the boundary of any lot, parcel or tract and shall not include the streets or alleys upon which the lot, parcel or tract may abut.

Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place to which the general public may attend to hear issues and express their opinions.

Recreational vehicle means, for the purpose of this Chapter, major recreational equipment, including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Retail means sale to the ultimate consumer for direct consumption and/or use and not for resale.

Right-of-way means all streets, roadways, sidewalks, alleys and all other areas reserved for present of future use by the public, as a matter of right, for the purpose of vehicular or pedestrian travel.

Road means a right-of-way owned and maintained by the City for the benefit of its citizens.

Road, collector, means paved roads.

Road, local, means unpaved roads.

Road, minor arterial, means state highways.

Road, principal arterial, means federal highways.

Secretary means the Secretary to the Planning Commission or a designated employee.

Service station, gasoline, means a property where flammable liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles and which may include, as an incidental accessory use only, facilities for polishing, greasing, washing or minor servicing of such motor vehicles, but not including auto body work or other major repairs.

Setback means the distance from the lot line or right-of-way line to any building or structure on the lot.

Sign means any words, lettering, figures, numerals, phrases, sentences, devices, designs, pictures, symbols or trademarks by which anything is made known, such as are used to designate a firm, an association, a corporation, a business, a service or a commodity or product or any type of publicity, whether placed on natural objects or on a building, fence or other man-made structure, which are visible from any public street or public right-of-way.

Stable, commercial, means a building with more than four stalls for horses not owned by the owner of the stable.

Street means any thoroughfare or public space not less than 20 feet in width which has been dedicated or deeded to the public for public use.

Street, center line of, means the true center line of a dedicated public right-of-way as determine by the City Council. Where such public right-of-way is curved, off-set or angular or any other questions arise, the City Council shall determine the alignment of the center line.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Structure means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. This definition shall exclude any deck or steps built on a home which are less than 30 inches high and fences or driveways built on or about improvements to real property.

Subdivision means a division, subdivision or resubdivision of a lot, tract or parcel of land into two or more lots, tracts or parcels of land as defined in this Section.

Tract means a portion of land, usually not platted, delineated by a metes and bounds description. See also Lot and Parcel.

Trailer means a unit that is towed by a vehicle.

Use means any activity taking place upon land and/or in structures.

Use, accessory, means a subordinate use which is customarily incidental to the principal use of the parcel.

Use by review means a use that may be permitted only upon issuance of a special use permit by the Planning Commission.

Use by right means a use which may be permitted in a zone district upon issuance of a permit by the Zoning Administrator.

Use, nonconforming, means a use of a building or land at the time this Zoning Ordinance or an amendment hereto became effective and which does not now conform with the use regulations applicable in the zone district in which it is located.

Variance means a relaxation of the terms of this Chapter where such relaxation will not be contrary to the public interest or the intent and purpose of this Chapter and where, due to the conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Chapter would result in unnecessary and undue hardship, and the condition or situation is not of so general or recurrent a nature as to make reasonable and practicable the formulation of an amendment containing a general regulation for such condition or situation.

Vehicle means a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides to transport persons or property or pull machinery and shall include, without limitation, automobiles, airplanes, trucks, trailers, motorcycles, motor scooters, tractors, buggies and wagons.

Warehouse means a building or portion thereof used and appropriated by the occupant:

(1)

For the deposit and safekeeping or selling of his or her own goods at wholesale or by mail order; or

(2)

Not for the deposit and safekeeping or selling of his or her own goods, but for the purpose of storing the goods of others placed therein in the regular course of commercial dealing and trade, to be again removed and reshipped.

Wholesale means sale for resale, not for direct consumption.

Wrecking yard. See Junk yard.

Yard means an existing or required space not occupied or not to be occupied by a principal use or building on the same lot, parcel or tract with a principal use or building.

Yard, front, means a yard extending the full width of the lot and situated between the street line and the required front setback line.

Yard, rear, means a yard extending the full width of the lot and situated between the rear line of the lot and the required rear setback line.

Yard, side, means a yard extending between the required side setback line and the adjacent side line of the lot and extending from the required front setback line to the required rear setback line.

Zone District. See District, zone.

Zoning Administrator means the administrative and enforcing officer, as designated by the City Council, to enforce the provisions of this Chapter, with the authority to make all decisions and investigations necessary to properly carry out the provisions of this Chapter. The City Manager shall be the Zoning Administrator unless otherwise designated by City Council.

(Prior code, § 12.04.020; Ord. No. 739, § 1, 6-9-1998; Ord. No. 750, §§ 2, 3, 2-23-1999; Ord. No. 864, § 1, 1-26-2010; Ord. No. 914, § 1, 2-9-2016; Ord. No. 933, § 1, 5-22-2018 )