For the purposes of this chapter and when not inconsistent with the context:

(a)

Words used in the present tense include the future.

(b)

Words in the singular include the plural.

(c)

Words in the plural include the singular.

(d)

The masculine includes the feminine.

(e)

The word "shall" is mandatory and not directory.

(f)

The word "may" is permissive.

(g)

The particular controls the general.

(Ord. No. 1-2009, § 1, 3-25-2009)

For the purpose of this chapter, certain terms and words, unless otherwise specifically specified, shall have the meaning ascribed to them in this chapter.

(Ord. No. 1-2009, § 1, 3-25-2009)

AASHTO means the American Association of State Highway and Transportation Officials, which publishes A Policy on Geometric Design of Highways and Streets, which is a manual on the technical design and classification of roadways, as updated from time to time.

Accessory building means a detached subordinate building, the use of which is customarily incidental to that of the principal building or to the main use of the land and which is located on the same lot with the main building or use. Portable storage containers may be used as accessory buildings as long as they are in compliance with the requirements of this chapter.

Accessory use means a use which:

(1)

Is subordinate to and serves the principal building or use;

(2)

Is subordinate in area, extent and purpose to the principal building or use served; and

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or use served.

Adult entertainment establishment or uses. As otherwise defined in the Sheridan Municipal Code.

Agricultural use means the cultivation of crops for personal or commercial use.

Alcohol manufacturer means an establishment, licensed as a manufacturer by the appropriate state and/or federal authorities, where malt, vinous or spirituous liquors or fermented malt beverages are manufactured, packaged or distributed, and which may also include sales of such products for on- or off-premises consumption, and which does not meet the definition of brew pub, craft brew pub or craft alcohol manufacturer in this chapter. This use may include a tap/tasting room.

Alley means a public thoroughfare, not exceeding 35 feet in width which affords only a secondary means of access to abutting property.

Apartment house means a building or portion thereof used or designed as a residence for three or more families occupying separate units. Each apartment must have a minimum of 400 square feet.

Approval means any approval of a particular land use or change or amendment of this zoning code, including without limitation planned unit developments and rezonings, but excluding variances, which approval is permitted by this chapter to be granted only after notice to the public is given and a hearing is held, shall mean an approval conditioned upon the following terms:

(1)

If the applicant is otherwise entitled to vesting of a property right under state law, that right shall not vest under this Code until a building permit has been issued by the chief building official; and

(2)

That the development proposed by the application shall be completed by a date certain, to be specified in the approval, and any vested property right shall be forfeited if this condition is not satisfied.

Area or minimum lot area means the total area within the property lines of the lot, excluding adjacent streets.

Backyard fowl means any female chickens or ducks raised and kept in the backyard of certain residential properties.

Bed and breakfast means a subordinate use of a single-family dwelling which offers sleeping rooms for overnight transient occupancy of 14 days or less, wherein there are no cooking facilities located within the sleeping rooms; where, however, breakfast may be prepared for overnight guests by the resident owner in the dwelling kitchen and taken in a common dining room.

Bee means any stage of the common domestic honeybee, Apis mellifera species, but does not include Africanized bees and hybrids.

Beekeeping means the placement or maintenance of bees, bee colonies, or bee hives.

Biomass means organic plant material.

Boarding and rooming house means a building or portion thereof which is used to accommodate, for compensation, one or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. "Compensation" includes compensation in money, services or other things of value.

Boutique manufacturing, fabrication, or printing means any use where materials are cut, shaped, fabricated, assembled, or printed into a final product for sale, in limited quantities or within a small building footprint of 6,000 square feet or less of gross leasable area.

Brew pub means an establishment, licensed as a brew pub by the appropriate local, state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed, and which may also include sales of such products for on- or off-premises consumption.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind and not including advertising sign boards or fences.

Building bulk means the dimensional size or mass of structure(s) or building(s).

Building front means the exterior wall of a building facing the public right-of-way which is the official street address side of the building.

Building height means the vertical distance from the grade to the highest point of the roof surface, excluding church spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level.

Building official means the building official of the city. The building official may also be referred to as building inspector and chief building official.

Building, principal or principal building means a building in which is conducted the main or principal use of the lot on which said building is situated.

Building setback means an imaginary line extending across the full width or side of a lot, parallel with the street right-of-way line or the property line and outside of which no building shall be constructed.

Billboard means a third party sign advertising a business, product or service, religious, charitable or nonprofit organization not located upon or available upon the premises whereon the sign is located. Billboards do not include directional or informational signs erected by any governmental institution or agency.

Church means a building and accessory buildings and uses, where persons regularly assemble for religious worship or meetings, and which is maintained and controlled by a religious body organized for the purposes of worship.

City manager means the city manager or the manager's designee wherever it is used in this chapter.

Cluster development means grouping the same number of units allowed in a given subdivision or zoning area into an area having lots smaller than the normal minimum lot size, with the remainder of land available as common open space and used for the preservation of its natural features.

Conditional use means use of real property that is allowed in a designated zone district only upon applying for and obtaining a conditional use permit under the provisions provided for in this Code.

Corner lot means a lot of which at least two adjacent sides abut for their full length upon a street (other than an alley).

Correctional facility means a building or group of buildings in which persons are confined for an indeterminate period of time while on trial for an offense; or while serving sentence for punishment of a crime, or as the result of a specific court order.

Craft alcohol manufacturer means an establishment, licensed as a manufacturer by the appropriate state and/or federal authorities, where malt, vinous or spirituous liquors or fermented malt beverages are manufactured, packaged or distributed, with all production and manufacturing equipment and processes enclosed within a building, and which may also include sales for on- or off-premises consumption, with manufacturing not exceeding a total of 100,000 gallons (or the barrel or metric equivalent thereof) of malt, vinous or spirituous liquors or fermented malt beverages on its licensed premises located within the city each calendar year, and which does not meet the definition of a craft brew pub in this chapter. This use may include a tap/tasting room.

Craft brew pub means an establishment, licensed as a brew pub by the appropriate local, state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed with all production and manufacturing equipment and processes enclosed within a building, and which may also include sales of such products for on- or off-premises consumption, with manufacturing not exceeding a total of 100,000 gallons (or the barrel or metric equivalent thereof) of malt liquor and fermented malt beverage on its licensed premises located within the city each calendar year.

Day means any period of time between midnight and the following midnight. When a period of time is defined as a number of days, the date on which the time period commences shall be excluded and the last date of such period shall be included in the computation.

Day care home means a facility providing care and training for a child or children not related to the caretaker, for more than two full consecutive days on a regular weekly basis. A full day is seven or more hours.

Day care center means any facility operated to provide full- or part-time care for any number of children in other than a residence or which is staffed by persons who are not full-time residents on-site. "Day care center" does not include home day care or day care which is provided by an employer on the same premises as the business and solely for the benefit of the employees of that business.

dB means an abbreviation for "decibel" which is a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

dB(A) means the standard notation for the sound pressure level as measured with a sound level meter using the A-weighting network.

Density means the quantity or number per unit, usually the number of dwelling units per gross area.

Developer means the property owner or agent of the property owner responsible for the execution of the developmental aspect of a site.

Department of community development means the Sheridan Community Development Department.

Detoxification facility means a facility for the purposes of temporary or long term inpatient treatment of victims of alcohol or drug use or addiction.

Distillation means the process of purifying a liquid by heating and cooling.

DNL means day/night noise level or DNL system which is a weighted average measure which reflects a more realistic assessment of situation over a 24-period than just peak noise readings.

Dwelling means any building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs, hospitals or similar uses.

Dwelling unit—One household means a building designed exclusively for, and occupied by not more than one household.

Dwelling unit—Two household means a building designed for and occupied by not more than by two households living in separate dwelling units.

Dwelling unit—Multiple household means a building designed for three or more households living in separate dwelling units, but not including motels, hotels, or tourist homes.

Dwelling unit means a building or any portion of a building designed for occupancy as complete, independent living quarters for one or more persons, having direct access from the outside of the building or through a common hall and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants.

Easements means a parcel of property reserved for a specific use by other than the person holding title to the land.

Efficiency dwelling unit or buffet dwelling unit means an apartment dwelling unit having not less than 300 square feet of floor area with facilities for living, sleeping, cooking and eating as required by the latest edition of the International Building Code, as adopted by the city.

Engineering regulations refers to the water and sanitary sewer specifications and streets, sidewalk, and stormwater specifications, or other technical codes as may be adopted by the city council, including all addendums and amendments thereto.

Extended stay hotel means a hotel containing guest rooms equipped to allow independent housekeeping for occupancy by the week or by the month, or some portion thereof, with each guest room containing facilities for sleeping, bathing, and cooking.

Extract means a preparation containing the active ingredient of a substance in concentrated form.

Fabrication means the cutting, shaping and forming of bulk processed materials into parts for assembly.

Fair or carnival means any temporary use of a space for the sale of products and/or food and beverage, provision of entertainment, amusement rides and games, or cultural activities for the general public.

Family. See "Household."

Family foster home. Family foster home means a residential facility which provides for 24-hour care for up to four children not related to the caretaker. The ages of such children may not exceed 18 years old; provided, however, that those children placed in a home under the age of 18 years but who remain in the home after reaching the age of 18 shall be considered a child under this definition until they reach the age of 21 so long as said child remains in the custody or jurisdiction of the department of social services.

Farmers' market means a temporary, seasonal, outdoor market for the retail sale of local farm products and prepared foods, as well as locally or regionally produced handcrafted arts, crafts and unique goods. The primary focus of the sales shall be on freshly grown local and regional produce, foods made from local or regional produce, starter plants, and seeds. The term farmers' market does not include the sale or demonstration of mass-produced items, used clothing, appliances, and other similar products. Flea markets are not permitted at, or in conjunction with, a farmers' market.

Floor area means the area included within the periphery defined by the outer surfaces of the exterior walls of a building and includes the aggregate area of all floors but excludes attached garages, carports, patios, porches or balconies. In the case of multiple dwelling units or other occupancies where the peripheral walls may consist partially of common walls, measurement shall be along the centerline of such common walls.

Floor area ratio or FAR means the ratio of the total floor area including all floors of all structures in the development to the total private land area in a development.

Flyway means a six-foot tall solid fence, wall, or thick hedge, which directs the path of bees up and out of a property and which is located ten feet from the hive.

Food truck means a mobile, road-worthy vehicle, designed and used for the preparation and sale of food and beverage, which shall be sold from within such vehicle. City permit determines the length of time in which a food truck may reside on any premise.

Foot-candle means a unit of illumination equal to that of one candela at one foot, as defined by the Illuminating Engineering Society.

Front building line means a line drawn parallel to the front façade of a building which extends past this façade to side lot lines.

Grade means either of the following: (a) the elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground is not more than ten feet above the lowest grade of the lot; or (b) an elevation ten feet higher than the lowest grade when the sidewalk or ground surface is more than ten feet above lowest grade.

Gross leasable area, means the amount of floor space available to be rented in a commercial property. Specifically, gross leasable area is the total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors.

Group homes for children mean residential facilities which are licensed by the Arapahoe County social services division, or the State of Colorado for the purpose of providing up to 24-hour care, supervision, and/or training for children under the age of 18 years. Those children placed in a home under the age of 18 but who remain in the home after reaching the age of 18 shall be considered a child under this definition until reaching the age of 21. Group homes for children do not include placement by any agency, public or private, other than Arapahoe County social services department, and in addition does not include facilities for the placement of children by the youth services division of the department of institutions, the mental health division of the department of institutions, or the alcohol and drug abuse division of the department of health, even if licensed by Arapahoe County department of social services.

Heavy equipment means non-motorized merchandise of 6,000 pounds or more empty weight, or motorized merchandise of more than 6,000 pounds empty weight, having motors of 20 horsepower or more performance.

Home-based business means any nonresidential use conducted entirely within a dwelling unit and carried on solely by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes.

Home garden means the cultivation of fruits, vegetables, plants, flowers, or herbs by the residents or tenants of the property.

Hospital means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, but not including clinics, rest homes and convalescent homes.

Hotel means one or more buildings providing temporary lodging primarily to persons who have residences elsewhere. The building or buildings have an interior hall and lobby with access to each room from such interior hall or lobby. Services provided may include, but are not limited to, maid service and laundering, telephone, front desk and concierge and business center services.

Household means any one of the following:

(1)

One or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together in a dwelling unit; or

(2)

A group of persons not related by blood, marriage, adoption or legal guardianship living together in a dwelling unit; or

(3)

Two or more unrelated persons and their children living together in a dwelling unit. However, the number of persons occupying any dwelling unit shall not exceed the maximum permitted by the city's applicable adopted building code or safety code, or by any applicable state or federal law or regulation, or by affordable housing guidelines applicable to the dwelling unit.

Industrial use means the use of a building or land for commercial production of a product.

Inoperable vehicle means a motor vehicle, mobile home, recreational vehicle, motorcycle, boat, trailer or other vehicle which is not legally operable, due to a lack of legal requirements such as a current and valid safety or emissions inspection sticker, license plates, or registration, or not capable of being operated due to mechanical deficiencies, or partially dismantled condition.

Junk or salvaged material means scrap aluminum, scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scrap metals and their alloys, including metals on any vehicle which has been so damaged by collision, fire, flood, accident, trespass or other occurrence to the extent that such vehicle has become uneconomical to repair or rebuild or has become unusable for purposes of reclaiming unused parts, and bones, rags, used cloth, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used boxes, crates or other containers (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, inoperable vehicles, used tires, used automobile parts, or any other manufactured goods that are so worn, deteriorated or obsolete as to make then unusable in their existing condition.

Junk/salvage yard means any outside or open area, which may or may not be partially enclosed or screened by a fence or wall, where any waste, junk, salvaged, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, handled, crushed or processed, including, but not limited to, scrap metals, used machinery, inoperable vehicles, used automobile parts, and any other junk/salvaged material as defined in this section. A "junk/salvage yard" also includes any motor vehicle salvage or wrecking yard used for the storage or keeping of one or more inoperable vehicles (except where otherwise expressly permitted). "Junk/salvage yard" does not include any such uses when conducted entirely within enclosed buildings, or any "vehicle storage yard" as defined in this section.

Kennel means any building, structure or open space used in whole or in part for the boarding of household pets for compensation and required to be licensed as set forth in the Colorado Revised Statutes; and, any building, structure or open space devoted in its entirety or in part, to the raising or harboring or four or more dogs, cats, or combination thereof, above the age of four months.

Laboratory means a building or a portion of a building devoted to the experimental study in science or the testing and analysis of chemicals, drugs, explosives, minerals, and similar materials.

Light reproduction service means printing and copying of office support service materials such as flyers, business cards, and office related products.

Loading space means an off-street space or berth on the same site with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. (The vehicle in the loading space may not block a street or thoroughfare.)

Lot means a parcel of land occupied or to be occupied by a building or group of buildings and any accessory buildings identified with each, together with such open areas as are required under this chapter, and having its principal frontage on a public right-of-way.

Lot area refers to the total number of horizontal square feet contained within the boundaries of the lot lines of the lot.

Lot frontage means the length of the front lot line.

Lot line, front means the property line dividing a lot from a street. For purposes other than a setback, a corner lot or other double frontage lot shall have only the shorter street frontage considered as the front lot line.

Lot line, rear means the line opposite the front lot line.

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

Manufactured home means:

(1)

A structure, transportable in one or more sections, which, when erected on site, is 320 or more square feet, and which is built on a permanent chassis. These homes are designed to be used for residential purposes, with or without a permanent foundation when connected to the required utilities, and contain the necessary plumbing, heating, air-conditioning, and electrical systems. A home which does not meet the minimum size requirements stated above, is a manufactured home if it either:

a.

Is certified as such by HUD pursuant to the Federal Manufactured Home construction and Safety Standards Act, 41 U.S.C. 7785401, et seq., as amended; or

b.

Complies with the NFPA 501B/ANSI A119.1 (1973, 1974, and 1975 editions).

(2)

A manufactured home also means a residential building which, whether or not a manufactured home as defined above (and which under the city's prior regulations may have been defined as a mobile home) is either:

a.

Located in a legally existing manufactured home park in the City of Sheridan on the rezoning date; or

b.

Proposed to be relocated onto a legal manufactured home space in a manufactured home park predates the certification requirements of the Federal Manufactured Home Construction and Safety Standards Act and NFPA 501B/ANSI A119.1 (1973 through 1975 editions); and is inspected by the city's building official and determined to be in a safe, sound physical condition and to meet any other requirements for such homes as may be specified in the city's building code.

(3)

The term manufactured home shall not include travel trailers, camper trailers, campers or self-contained motor homes or camper buses.

Manufactured home park means a lot, parcel, or tract of land under single ownership which is designated, improved, and used for the purpose of providing a location or accommodation for two or more manufactured homes for occupancy for one household. Manufactured home unit sales lots on which unoccupied manufactured homes are located for inspection or sale shall not be considered manufactured home parks.

Manufactured home space means a portion of ground within a manufactured home park designated for the permanent location of one manufactured home.

Manufacturing means the process of producing a finished product from raw or prepared materials by giving such materials new forms, qualities, properties, or combinations, whether by hand labor, or machine.

Marijuana club means a place not used for residential purposes where individuals gather to consume, grow or distribute or otherwise use marijuana, regardless of whether such place calls itself private or public or charges an admission, membership or similar fee. A marijuana establishment with a valid license under Article XVIII, Section 16 of the Colorado Constitution (recreational marijuana establishments) or under Section 14 of Article XVIII to the Colorado Constitution (medical marijuana establishments) and their accompanying state regulations and this Code, shall not constitute a marijuana club.

Membership club means an association of persons, whether incorporated or unincorporated for some common purpose, but not including marijuana clubs, groups organized primarily to render a service carried on as a business or enterprise, groups organized for commercial profit or gain, or any group that would require a business license to operate.

Mineral means an inanimate constituent of the earth in a solid, liquid or gaseous state which, when extracted from the earth, is useable in its natural form or is capable of conversion to a useable form as a metallic compound, or chemical, an energy source or a raw material for manufacturing or construction material, but does not include surface or subsurface water.

Motel means one or more buildings providing temporary lodging primarily to persons who have residences elsewhere, in guest rooms, each of which has a separate outside entrance leading directly to rooms from outside the building. Services provided may include, but are not limited to, maid service and laundering, telephone, front desk and business center services.

Motor vehicle means any vehicle capable of self-propulsion and which is designed primarily for use in transporting persons or property on public highways; which vehicles include, but are not limited to, automobiles, trucks, truck tractors, buses, motor homes, motorized campers, airplanes, motor boats, motorcycles, and motor scooters.

Motor vehicle service facility means a facility for the retail sale of gasoline and other petroleum products and/or where light motor vehicle maintenance activities, such as engine tune-ups, lubrication, replacement of individual engine parts, tire sales, installation and repair, wheel alignment, muffler repair or replacement, or similar minor repairs are conducted. Such facilities shall not involve motor vehicle painting, auto body repair, or repair activities that generally require greater than one day to perform.

Motor vehicle wash and/or detail establishment means any building, premises, facility or portions thereof used for washing, polishing or detailing of automobiles and other light motor vehicles, but does not include automotive repair and maintenance services or motor vehicle service facilities.

Municipal means owned, operated, or controlled by the city.

Neighborhood retail store means a use devoted exclusively to the retail sale of a commodity or commodities. The sales area of such use shall be indoors only, and the total enclosed area for such use shall not exceed 4,000 square feet.

Nonconforming building means a building or structure or portion thereof built prior to the effective date of the ordinance codified in this chapter, or any amendment thereto and conflicting with the, set back or building height provisions of this chapter applicable to the zone district in which it is situated.

Nonconforming lot means a lot which was created prior to enactment of applicable portions of this chapter, or any amendment thereto, and conflicting with the lot area or lot width provisions applicable to the zone district in which it is situated.

Nonconforming use means the use of a structure or premises conflicting with the provisions of this chapter.

Occupied includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Office means a building or portion of a building in which services, clerical work, professional duties or the like are carried out. Office use shall include professional and service, governmental, and medical and dental clinics but not including in-patient or overnight treatment.

Office support service facility means a facility where printed materials such as flyers, business cards, and office related products are created, primarily for retail sale on premises.

Office/warehouse means a building or portion of a building used for a combination of office use and storage, distribution, and manufacturing. The warehouse portion shall not exceed 50 percent of the building area.

Outdoor service area means an out of doors or open-air area or portion of a liquor-licensed premises where alcoholic beverages are allowed to be served or consumed at the liquor-licensed establishment pursuant to the applicable liquor license.

Outdoor storage means the storage of inventory, supplies, materials and equipment in other than a fully enclosed structure.

Overnight campground means property utilized for or intended for use of renting temporary occupancy space to transient users of recreational vehicles and tents.

Paint or spray booth means a mechanically-ventilated and heated structure used to enclose or accommodate a paint spraying operation and curing process conducted in conjunction with woodworking, motor vehicle manufacturing, motor vehicle repair and restoration, or other industrial uses.

Parking area means an open area the principal use of which is the parking of motor vehicles for a limited time and for the accommodation of employees, customers, or visitors of a business or institution. A "parking area" includes a parking structure and both parking spaces and the maneuvering and roadway space adjacent to parking spaces. A "parking area" does not include a "loading space" as defined in this section, or any area regularly used for the sale, display, storage, demonstration, or advertising of commodities or services of any kind.

Pawnbroker or pawn shop. See definition in article III of chapter 22.

Permit means a document issued by the city, or its agent, granting permission to perform an act or service which is regulated by the city.

Permitted use means a use of property allowed in a designated zone district without the necessity of obtaining a conditional use permit.

Place of amusement means a commercially operated enterprise that supplies various forms of entertainment, including without limitation video arcades, bowling alleys, miniature golf.

Planning commission means the planning and zoning commission of the city.

Portable storage container means a fully enclosed structure designed for use as a transportable storage unit such as a conex container, cargo container, or mini mobile unit, as long as they are in good structural condition and the exterior is maintained and free from damage such as rust or graffiti. Semi trailers may also be used if the wheels and axles are removed so that it sits solidly and flat on the ground. Building permits for portable storage containers must be obtained, and they must meet all zone district requirements including setbacks, height, and location. The placement of portable storage containers and semi trailers must be on an area that is level and finished with either gravel, asphalt, or concrete.

Recreation facility means a building, or portion of a building where activities related to athletics, exercise, arts and crafts, or public assembly are provided by a commercial or public entity.

Recreational vehicle means a portable structure designed to be towed by or mounted on a motor vehicle or driven as a vehicle, and which contains cooking or sleeping facilities or both, to provide temporary living quarters for recreational camping or travel use. Such structures may be constructed with rigid sides or may have collapsible side walls of fabric, plastic or other pliable material. "Recreational vehicle" shall include travel trailers, trailer coaches, camping trailers, motor homes, pick-up (slide-in) campers, campers and camper buses.

Repair means to restore to a sound or good condition after decay, deterioration, injury or damage; the restoration of a damaged object or thing to its original physical shape or character.

Residential use means the use of any building or portion thereof which is offered for rent, sale, or lease as a dwelling unit.

Residentially-zoned area means zone districts: RES-SF, RES-SFLL, RES-MF, COM-N, and MH. A PUD shall also be a residentially-zoned area when the designated underlying district is one of the above.

Right-of-way means the entire dedicated tract or strip of land that is to be used by the public for circulation and service.

Satellite earth station means an antenna of any size, shape or description designed for the purpose of receiving microwave transmissions directly or indirectly from satellites. A satellite earth station is a structure for purposes of the ordinance from which this article was derived and shall not be used as a sign.

Senior living facility shall be one of the following:

(1)

Independent living facility. Multifamily residential rental property restricted to adults at least 60 years of age or older. This facility will have central dining facilities that provide residents as part of their monthly fee with access to meals and other service such as housekeeping, linen service, transportation, and social and recreational activities. Such properties do not provide, in a majority of the units, assistance with activities of daily living such as supervision of medication, bathing, dressing, toileting, etc. There are no licensed skilled nursing beds in the property.

(2)

Assisted living facility. State regulated rental property that provides the same services as an independent living facility, but also provides, in a majority of the units, supportive care from trained employees to residents who are unable to live independently and require assistance with activities of daily living including management of medications, bathing, dressing, toileting, ambulating and eating. These properties may have some skilled nursing beds, but the majority of the units are licensed for assisted living. A facility that specializes in the care of residents with Alzheimer's or other forms of dementia shall be considered an assisted living facility.

(3)

Skilled nursing facility. Licensed daily rate or rental property where the majority of individuals require 24-hour nursing and/or medical care. In most cases, these properties are licensed for Medicaid and/or Medicare reimbursement. These properties may include a minority of assisted living and/or Alzheimer's/dementia units.

Setback means the minimum distance, extending across the full width of the lot or site between a lot line and that part of the building or structure closest to the respective lot line (excluding setback encroachments).

Setback encroachment means a physical improvement which may occupy a setback area including an open fire escape, open stairway, bay window, chimney, awning, cornice, eave overhang (maximum encroachment of one foot), fence, wall, driveway, unenclosed parking or loading areas, walkway, steps, patio, ramp or flagpole.

Setback, front or front setback means the distance between the front lot line and a lot parallel with the front lot line of a lot, tangent to that part of the building or structure (excluding setback encroachments) which is closest to the front lot line, and intersecting two other lot lines of the lot; or the line concentrically parallel to the right-of-way of the street on a cul-de-sac.

Setback, rear or rear setback means the distance between the rear lot line and a line parallel with a rear lot line of a lot, tangent to that part of the building or structure (excluding setback encroachments) which is closest to the rear lot line, and intersecting two other lot lines of the lot.

Setback, side or side setback means the distance between the side lot line and a line parallel with a side lot line of a lot, tangent to that part of the building or structure (excluding setback encroachments) which is closest to such side lot line, and intersecting two other lot lines of the lot.

Short-term automobile rental means a membership-based car-share program that allows members to rent vehicles for a pre-arranged short period of time, from 15 minutes up to 12 hours. Members may pay an annual membership fee, as well as hourly or incremental rates for the use of a vehicle. The rental rates include all costs associated with the vehicle, including gas, insurance, and maintenance. Vehicles are reserved in advance and are parked in designated locations.

Short-term bicycle rental means any commercial service dedicated to the rental of bicycles for a set period of time and with the requirement that all users belong to the service as a member.

Sign means any object or device, or part thereof, situated outdoors or indoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any—including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images. Signs do not include the following:

(1)

Standard size flags of nations, or an organization of nations, states and cities, fraternal, religious and civic organizations;

(2)

Merchandise, pictures or models of products or services incorporated in a window display;

(3)

Time and temperature devices not related to a product;

(4)

National, state, religious, fraternal, professional and civic symbols or crests;

(5)

Works of art which in no way identify a product; and

(6)

Scoreboards located on athletic fields.

Sign without backing means any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

Sign—Animated means any sign or part of a sign which changes physical position by any movement or rotation.

Sign—Display surface of face means the area made available by a sign structure for the purpose of displaying a message.

Sign—Flash, blink, chase, fluctuate means any direct or indirect use of illumination, either stationary or animated, which changes physical position or message by any movement, or which exhibits changing natural or artificial light or color effects by any means whatsoever.

Sign—Ground means a sign supported by poles, uprights, an object on the ground or braces extending from the ground but not attached to any part of any building.

Sign—Illuminated means a sign lighted by or exposed to artificial lighting either by lights on the sign or directed towards the sign.

Sign—Joint identification means a sign which serves as common or collective identification for two or more uses by right on the same site.

Sign—Nonconforming means a sign lawfully erected and in use prior to the effective date of the ordinance from which this article was derived or any amendment thereto, which does not conform with the regulations of this chapter.

Sign—Roof means a sign erected, constructed and maintained wholly upon or over the roof of any building with principal support by the roof structure or which extends above the parapet of the building.

Sign—Temporary means any sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material intended to be displayed for a short period of time.

Sign—Wall means a sign attached to, painted on, or erected against a wall of building which extends no more than 24 inches from the wall surface upon which it is attached and whose display surface is parallel to the face of the building to which the sign is attached.

Sign—Window means a sign which is applied or attached to or located within three feet of the interior of a window, which sign can be seen through the window from the exterior of the structure.

Stonemasonry means the cutting, shaping or carving of rough pieces of natural rock or natural stone into accurate geometrical shapes, finished architectural and decorative features or similar finished articles for buildings or structures, sculptures, monuments or other decorative art forms.

Street means any public or private thoroughfare which affords the principal means of access to abutting property, and including such terms as "public right-of-way," "highway," "road" and "avenue."

Structure means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities.

Tap/tasting room means a use associated with and on the same premises as an alcohol manufacturer or craft alcohol manufacturer, at which guests may sample or consume the manufacturer's products.

Temporary use permit means a non-assignable permit issued for the use of property pursuant to the requirements of article V.5 of this chapter.

Tourist home means any building containing five or fewer guest rooms used, designed to be used, let or hired out for occupancy by persons on more or less a temporary basis.

Usable open space means outdoor areas on a lot, or combination of lots, that are designed and intended for the use and enjoyment of residents and or the use and enjoyment of the public in general, and that are not occupied by primary or accessory structures. Open space may include walkways, pedestrian paths, plazas, natural and landscaped areas, playgrounds, detention that is integrated into landscaped areas, and other similar amenities designed specifically for active or passive use. Open space areas do not include portions of a property which are capable of being developed and which are specifically used for storage or reserved for future expansion, or outdoor areas which are developed for use as a storage area or designed to accommodate motor vehicle uses such as parking spaces, parking aisles, roads, or driveways.

Use means the purpose for which land or building is designed, arranged, or intended, or for which either is or may be occupied or maintained.

Vehicle sales or rental lot means any lot, plot or parcel of land used, in whole or in part, for the outside storage of operable motor vehicles, mobile homes, recreational vehicles, motorcycles, boats, trailers or other operable vehicles which are owned by, or in the possession of, the person owning or operating the lot, plot, or parcel of land for purposes of either renting those vehicles or selling those vehicles at retail or wholesale.

Vehicle storage yard means any lot, plot, or parcel of land or contiguous parcels of land used, in whole or in part, for the purpose of receiving compensation exclusively for the storage of operable motor vehicles, mobile homes, recreational vehicles, motorcycles, boats, trailers or other vehicles which are owned by persons other than the person owning or operating the lot, plot, or parcel of land. Such use shall not include parcels of land used as vehicle sales or rental lots, scrap processing yards, motor vehicle salvage yards or junk yards, or for the storage of scrap metals.

Vehicular drive up or drive-through activities means an activity where a service is provided or wholesale or retail transaction is completed where one or more parties arrive by motor vehicle, and remain within a motor vehicle for the purpose of receiving the service or completing the transaction, but not including the dispensing of fuel.

Watercourse means any and all rivers, streams, creeks, intermittent washes, gullies, tributaries, reservoirs, lakes, ponds, wetlands or other types of natural land forms or people-made wetlands, structures or devices to channel, control or retain water.

Yard means an open space unoccupied and unobstructed from the ground upward, which is on the same lot with a building except as otherwise herein provided.

Yard (side) means a yard between the building and the side line of the lot and extending from the street line to the rear of the lot.

Yard (rear) means a yard unoccupied except by an accessory building as hereinafter permitted, extending across the full width of the lot between the rear line of the building and rear line of the lot.

Zoning administrator means the city manager or the manager's designee.

(Ord. No. 1-2009, § 1, 3-25-2009; Ord. No. 15-2012, § 1, 8-8-2012; Ord. No. 6-2013, § 1, 7-10-2013; Ord. No. 3-2014, §§ 1, 2, 3-10-2014; Ord. No. 6-2014, § 3, 4-28-2014; Ord. No. 12-2014, § 1, 7-14-2014; Ord. No. 11-2015, § 1, 9-14-2015; Ord. No. 1-2017, § 1, 3-27-2017; Ord. No. 7-2019, § 7, 9-23-2019; Ord. No. 3-2022, § 2, 5-23-2022; Ord. No. 3-2025, § 1, 3-10-2025)