The purpose of this chapter is to promote the health, safety and general welfare of the residents and property owners of city. The regulations herein are designed to lessen traffic congestion, secure safety from fire and other dangers, provide adequate light and air, prevent the overcrowding of land, avoid undue concentration of population, and facilitate the adequate provision of water, parks and other public requirements. These regulations have been made with reasonable consideration, among other things, for the character of each zoning district, and its peculiar suitability for the particular uses specified, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with the residential character and mature development of the city.

(Code 1987, ch. 11, subch. G, art. I, § 2; Code 1995, § 14.02.002)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

(Code 1987, ch. 11, subch. G, art. I, § 3; Code 1995, § 14.02.003)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or structure means a building or structure which does not share a common roof or common wall, including, but not limited to, a toolhouse, home workshop, greenhouse, garage, carport, children's playhouse, or swimming pool house, which:

(1)

Is located on the same lot as a dwelling;

(2)

Is subordinate in area to the dwelling and is used for a purpose customarily incidental to the dwelling;

(3)

Is detached from the dwelling except that a connected foundation or walkway may exist with the dwelling;

(4)

Does not provide complete independent living facilities for one or more persons which include permanent provisions for living, sleeping, and sanitation facilities; and

(5)

Is not used for lease or rental, or for a commercial purpose other than a home occupation by a resident of the main dwelling.

Addition means a construction project that causes an existing structure to increase in total square footage.

Alley means a minor public or private right-of-way which:

(1)

Is used primarily for vehicular traffic to the rear or side of properties which abut a public street; and

(2)

Affords secondary means of access to abutting property.

Amenity means an indoor area or an outdoor area located anywhere on a lot, or the roof of a structure, or any other building including, but not limited to, pools, sport courts, patio areas, outdoor kitchens, grills, landscaped areas, and areas of decking, decorative paving or other similar surface, used for recreational purposes.

Block means a parcel or tract of land entirely surrounded by streets, and occupied by or intended for occupancy by buildings or structures.

Board means the board of adjustment of the city.

Building means any structure which is:

(1)

Permanently affixed to the land;

(2)

Has a roof supported by columns or walls; and

(3)

Is built for the enclosure, shelter or protection of persons, animals or property of any kind.

Building footprint means the horizontal surface area measured by taking the aggregate outside horizontal dimensions of the building and covered structures, including garages, carports, and covered porches and/or decks. Uncovered decks are not included in the measurement.

Building height, as used in chapter 107, division 2, Residential (R) Zoning District, means the vertical distance from the Original Native Ground Surface or finished grade, whichever is lower, to the highest point directly above.

Building height, nonresidential, means the vertical distance from the lowest finished floor elevation (including a garage floor) to the highest part of the following: the coping of a flat roof; the deck line of a mansard roof; or the gable of a pitched or hipped roof, where, due to topographical or other conditions, the lowest finished floor elevation of a building differs from one part to another, the maximum permissible height shall be computed separately for each portion of such building containing a differing lowest finished floor elevation. If the lowest finished floor elevation is more than four feet directly above the point where the foundation intersects the natural grade, then the vertical distance must be measured from a point that is four feet directly above the point where the foundation intersects the natural grade to the highest point described above.

Certificate of occupancy means a document issued by the building official which:

(1)

Certifies that the construction of a building or structure or use of premises complies with the requirements of this article and other applicable city ordinances; and

(2)

Authorizes the occupancy or use of the premises for which the certificate is issued.

Commercial district means the commercial district (C).

Commission means the planning and zoning commission of the city.

Demolition means the taking down of a building while carefully preserving valuable elements for reuse. The term "demolition" may also include the total and complete deconstruction and removal of a building and its foundation to make room for the construction of a new building.

District means a zoned section of the city for which regulations governing the area, height or use of buildings and premises are uniform for each type and class of structure.

Dwelling.

(1)

The term "dwelling" means a building which:

a.

Is designed and constructed for occupancy as a residence;

b.

Includes bathroom facilities;

c.

Includes facilities for food preparation and sleeping; and

d.

Is not attached to any other building by any means.

(2)

A dwelling's extent consists of all aspects of the structure that share:

a.

A common framed, decked, and sheathed roof; and

b.

A common concrete slab-on-grade or wood framed and decked floor.

Easement means a privilege, or right of use or enjoyment, granted on, above, under or across a particular tract of land by one party to another.

Fence means a fixed-in-place physical barrier, including a wall, that wholly or partially encloses, screens, separates, or establishes a border for a portion of real property (e.g., yard or field) and is commonly used to control access, to confine, or to mark a boundary. Unless otherwise specifically provided, the term "fence" does not include temporary barriers, including, but not limited to, silt fencing or other erosion controls, or temporary construction barriers.

Front-yard fence means that portion of a fence that extends beyond the front foundation line of the primary residential structure located on the property toward the front building setback line (or for unplatted property, toward the street from which the front building setback line would be measured). In the case of undeveloped property, a front-yard fence is:

(1)

The portion of a fence located closer to a street fronting the property than the front setback line of a platted lot; or

(2)

For an unplatted property, the portion of a fence located closer to a street than the front setback line that would be required by this Code if the property were being platted pursuant to the regulations of this Code at the time of installation of such fence.

Garage, detached means an accessory building, separated and independent of the main building on a lot, designed to shelter motor vehicles.

Gate means a movable door or obstruction that closes an opening in a wall, fence, or other barrier.

Grade means the elevation of the original or finished surface of the ground, paving or sidewalk within the area between setback lines of the lot.

Greenbelt means an open area not occupied by any structures or impervious surfaces which:

(1)

Is left undisturbed in its natural state; or

(2)

Is landscaped as required under the city's landscaping regulations; provided that the width of all greenbelts shall be maintained as required under this article, notwithstanding the provisions of the city's landscape ordinance.

Ground floor area means the floor area of a building or structure measured by taking the aggregate outside horizontal dimensions of the building or structure, at foundation level, excluding the floor area of garages, basements, or open or screened porches.

Home occupation means an activity or occupation, including, but not limited to, an accountant, engineer, architect, music teacher, tailor, artist, or activity associated with management of property or assets, which is performed in a dwelling for gain, whether or not paid or provided by a third party, and which:

(1)

Is conducted by a members of the family residing in the dwelling;

(2)

Is conducted as a use that is clearly incidental and secondary to the use of the dwelling for ordinary residential purposes;

(3)

Does not require structural alterations in the dwelling or the installation of machinery or equipment other than that customary to ordinary household activities;

(4)

Does not involve the display of a sign to advertise the occupation;

(5)

Is not detrimental or injurious to adjoining property by reason of the creation of noise or other obnoxious conditions, such as the emission of odor or generation of light, smoke or other objectionable conditions;

(6)

Does not generate a substantial increase in motor vehicle traffic; and

(7)

Is conducted in the single-family residence where the operator of the home occupation resides.

Impervious cover means any area where the natural absorption of runoff water by the land is prevented by site development.

Job trailer means an enclosed building or structure, including a mobile or relocatable office unit, the use of which is incidental to construction work being done under a valid building permit on the premises, which:

(1)

Is erected on a temporary foundation, such as skids or plywood;

(2)

Is located on the same lot as an existing main building or a main building under construction;

(3)

Does not contain plumbing or sanitation facilities;

(4)

Is not connected to any city water, wastewater or gas utility service; and

(5)

Is removed upon completion or cessation of the activity for which the structure was erected.

Lot means a portion of a subdivision or other parcel of land designated as a unit for transfer of ownership or for development.

Lot, area of, means the total area encompassed within the lines of a lot, excluding any street or alley rights-of-way.

Lot, corner, means a lot located at the angle of two intersecting streets.

Lot line means the boundary of a lot.

Lot line, front, means the front line of a lot, which is also the right-of-way line of the street abutting such lot.

Lot line, rear, means the lot line most nearly opposite and most distant from the front lot line.

Lot line, side, means any lot line other than a front or rear lot line.

Main building means a building (not including an accessory building) within which is conducted the principal use of the site upon which the building is located. In a residential district, all dwellings are deemed to be main buildings.

Masonry means clay brick, concrete, hollow clay tile, natural stone, stucco, marble, or any combination of these materials, on the exterior surface of a building.

Mayor means the mayor of the city.

Mechanical equipment means heating and air conditioning units, pool equipment, and household generators.

Mirrored glass means glass with a reflectivity factor of 20 percent or greater.

Motor vehicle means a vehicle, motor home, trailer, boat, mobile home, camper, travel trailer, bus, tractor, commercial vehicle, truck, recreational vehicle or other vehicle that either has its own motive power, including a sailboat, or is mounted on or towed by another vehicle.

New construction means a construction project that begins on a vacant lot or on a lot in which the walls and foundation of a preexisting building and any related structures have been demolished completely and removed from the lot.

Nonconforming building or structure means a building or structure, the size, dimensions or location of which were lawful prior to the date of adoption of the ordinance from which this article is derived or amendments thereto, but which fails by reason of such adoption or amendments to conform to the regulations of the district in which they are located.

Nonconforming lot means a lot, the area, dimensions or location of which were lawful prior to the date of adoption of the ordinance from which this article is derived or amendments thereto, but which fails by reason of such adoption or amendments to conform to the regulations of the district in which it is located.

Nonconforming use means a use or activity which was lawful prior to the date of adoption of the ordinance from which this article is derived or amendments thereto, but which fails by reason of such adoption or amendments to conform to the regulations of the district in which it is located.

Original native ground surface, as used in chapter 107, division 2, Residential (R) Zoning District, means the existing grade on a lot prior to development of the new residential building, as may be shown on a certified topographic survey of the property.

Parallel plane, as used in chapter 107, division 2, Residential (R) Zoning District, is an imaginary plane that is 35 feet above and parallel to the original native ground surface.

Parking space means a paved area of at least 180 square feet (measuring not less than nine feet wide and not less than 18 feet in length), enclosed or unenclosed, having a paved driveway which connects the parking space with a street or alley and which permits ingress or egress of motor vehicles. The term "parking space" does not include a driveway, aisle or any area on a public street.

Personal wireless telephone service facility means a tower and related fixtures and equipment for the provision of wireless cellular telephone signals by one or more commercial operators of wireless telephone services.

Planned unit development means a tract of land developed as a single entity, pursuant to a unified site design which makes provisions for common open spaces and variegated building types and land uses, and which provides for the calculation of densities over the entire development, rather than on an individual lot-by-lot basis.

Premises means land, together with any buildings or structures occupying it.

Public view means the view as seen from any private property in a residential district or public street within the city.

Reconstruction means a construction project that constitutes the rebuilding, using the original building footprint, of a building, or structure, whether a dwelling or other that is damaged or destroyed by fire or other accidental or natural means.

Remodel means any addition or alteration to an existing building or its foundation or any component thereof, including, but not limited to, the addition or alteration of any porch, deck, or garage.

Residence, resident or reside means to have residence in, to be a resident of, or to reside in a dwelling, the dwelling must be the place where the person primarily lives, sleeps, bathes, and maintains personal possessions such as clothing.

Residential plot plan or residential site plan means a site plan drawn to a scale of one inch to 50 feet depicting existing and proposed contours in two-foot elevations on the property, the existing and proposed drainage patterns and the 50- and 100-year floodplains if they exist on the property.

Resubdivision means the division of an existing subdivision, together with any change of lot sizes therein, or with the relocation of any street lines.

Retaining wall means any fence or wall built or designed to retain or restrain lateral forces of soil or other materials, said materials being similar in height to the height of the soil or other materials being retained.

Setback means the minimum horizontal distance between a lot line and the closest wall or face of a building or foundation or projection thereof, excluding uncovered steps or unenclosed balconies or porches, or cantilevered roof cornices, eaves, or facias, located on the lot.

Setback line means a line within a lot, which is parallel to and is measured from a corresponding lot line, which governs the placement of structures and uses on the lot.

Special exception means a use that is not permitted in a particular district under this article, but which is permitted in such district following approval by the board of adjustment, upon a showing that the use will comply with all of the conditions prescribed by the board for such use.

Special use means a use that may be authorized by the city council in the district in which it is allowed.

Sport court means an installed hardscape surface or other compacted ground material utilized in connection with a flat game court structure for play. This definition is to specifically include, but not be limited to basketball courts, tennis courts, hockey rinks, batting cages, racquetball/handball/pickleball courts, and other similar facilities. These game court areas may or may not include a combination of fencing, netting, or boards for the purposes of their use.

Square feet of floor space means the square footage of a building computed from the exterior perimeter footprint of each story of such building, or portion thereof. Provided, that when the term "square feet of floor" is used with reference to a dwelling, the computation of square footage shall not include attached garages, attics, basements or porches. Provided further, that when the term "square feet of floor" is used with reference to a building that is not a dwelling, the computation shall include, but not be limited to, atriums, vents, elevator shafts, exterior balconies and porches, mechanical and storage rooms, elevator lobbies, halls and corridors, but shall exclude courtyards.

Story means that portion of a building, other than a basement, open or screened porch, attached garage or attic, which is included between the surface of one floor and the surface of the floor next above it, or, if there is only one floor, the term "story" means the space between such floor and the ceiling above it.

Street means a public thoroughfare, other than an alley, which has been improved and dedicated for use as a roadway and provides principal vehicular and pedestrian access to adjacent properties.

Structure means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, signs, and excepting utility poles, berms, fences, mailboxes and retaining walls.

Subdivision means a division of any tract of land situated within the city limits, or within one-half mile of such limits, in two or more parts for the purpose of laying out any subdivision of any tract of land, or for laying out suburban lots or building lots, or any lots, streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. The term "subdivision" includes resubdivision. The term "subdivision" includes those parcels being platted in accordance with section 105-23(b).

Subdivision sales office means a temporary building or structure, including a mobile or relocatable office unit, used as an office to sell property in a new or developing subdivision tract.

Temporary building means an enclosed building or structure which is erected on a temporary foundation, such as skids; is located on the same lot as an existing main building or a main building under construction; does not contain plumbing or sanitation facilities; and is not connected to any electrical, water, wastewater or gas utility service.

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

Use, principal, means the main use of land or buildings as distinguished from the subordinate or accessory use of such land or buildings.

Variance means an authorization by the board of adjustment granting specific relief from the literal enforcement of the provisions of this chapter.

Veterinary services means an establishment which provides care for small domestic animals for treatment; but excluding overnight convalescence boarding, pet grooming facilities, animal training centers and clubs, and facilities where animals are boarded during the day or overnight.

Wall means a masonry structure enclosing real property (e.g., a yard or field).

Yard means an unoccupied space on a lot which:

(1)

Is open and unobstructed from the ground upward to the sky except for fencing, walls, and those encroachments expressly allowed by this chapter;

(2)

Extends between a main building and the lines of the lot upon which the main building is located; and

(3)

Has a depth between the front, side or rear lot lines and the main buildings as required for the district in which the lot is located.

Yard, front, means a yard which abuts the addressed street of the lot, is located between the main building on a lot and the street easement or front line of the lot, and extends across the front of a lot between the side lot lines.

Yard, rear, means a yard which is located between the main building on a lot and the rear line of the lot, and extends across the rear of the lot between the side lot lines.

Yard, side, means a yard which is located between the main building on a lot and the side lines of the lot, and extends across the side of a lot between the front yard and the rear yard.

(Code 1987, ch. 11, subch. G, art. II, § 1; Code 1995, § 14.02.051; Ord. No. 2011-11-16(A), 11-16-2011; Ord. No. 2012-10-17(A), § 1, 10-17-2012; Ord. No. 2015-12-16(B), § 1, 12-16-2015; Ord. No. 2017-01-18, 1-18-2017; Ord. No. 2017-09-13, 9-13-2017; Ord. No. 2018-02-21(B), §§ 1, 2, 2-21-2018; Ord. No. 2018-09-19(A)), § 1, 9-19-2018; Ord. No. 2019-08-21(A), § 2, 8-21-2019; Ord. No. 2019-10-16-05, § 2, 10-16-2019; Ord. No. 2021-10-20-06, § 2, 10-20-2021; Ord. No. 2023-04-05-08, § 2, 4-5-2023; Ord. No. 2023-05-17-07, § 2, 5-17-2023; Ord. No. 2023-11-15-03, § 2, 11-15-2023; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024; Ord. No. 2024-08-21-04, § 2, 8-21-2024; Ord. No. 2025-03-19-09, § 2, 3-19-2025; Ord. No. 2025-05-21-07, § 2, 5-21-2025; Ord. No. 2025-09-17-23, § 2, 9-17-2025)

The Commercial Lighting and Signage Manual is a supporting document to the applicable lighting and signage regulations contained in this chapter and the Code of Ordinances of the City of Rollingwood and may contain illustrations, graphical representations, and examples. The Commercial Lighting and Signage Manual may be adopted and updated from time to time by resolution approved by the city council.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

The residential lighting manual is a supporting document to the applicable lighting regulations contained in this chapter and the Code of Ordinances of the City of Rollingwood and may contain illustrations, graphical representations, and examples. The Residential lighting manual may be adopted and updated from time to time by resolution approved by the city council.

(Ord. No. 2025-03-19-11, § 2, 3-19-2025