This chapter is established in pursuance of the authority conferred unto the city by Code of Ala. 1975, §§ 11-52-70 through 11-52-84, inclusive, as amended, and for the general purposes of:

(1)

Promoting the health, safety, morals, public peace, order, or general welfare of the city;

(2)

Lessening congestion in the streets;

(3)

Securing safety from fire, panic, and other dangers;

(4)

Providing adequate light and air;

(5)

Preventing the overcrowding of land;

(6)

Avoiding undue concentration of population;

(7)

Facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

(8)

Conserving the value of buildings; and

(9)

Encouraging the most appropriate use of land and buildings throughout the city.

(Ord. No. 0-231-04, art. I(§ 1), 3-22-2004)

This chapter shall be known and may be cited as the "Southside Zoning Ordinance."

(Ord. No. 0-231-04, art. I(§ 2), 3-22-2004)

In this interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for promotion of the health, safety, morals, convenience, order, prosperity, and general welfare of the community. The standards and requirements of this chapter should be applied and enforced to balance public and private interests in the development of land in a manner that promotes mutual understanding and respect, and with prompt and just consideration given to the various interests involved in land investment, ownership, and development.

(Ord. No. 0-231-04, art. I(§ 3), 3-22-2004)

The requirements and standards contained in this chapter shall apply to all areas within the corporate boundaries of the city.

(Ord. No. 0-231-04, art. I(§ 4), 3-22-2004)

(a)

Except as otherwise provided herein, all words shall have the customary dictionary meaning. The present tense includes the future tense. The singular number includes the plural, and the plural includes the singular. Words of the masculine gender include the feminine, and words of the feminine gender include the masculine. The term "person" includes a firm, corporation, association, organization, trust, or partnership. The term "lot" includes "plot" or "parcel." The term "building" includes "structure." The term "shall" is mandatory. The term "may" is permissive. The term "used" or "occupied," as applied to any land/or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

(b)

Where any word specifically defined in the city subdivision regulations is used within these regulations, but is not specifically defined herein, then the specific definition contained in the city subdivision regulations shall apply. If a word used and defined in the city subdivision regulations bears a different or conflicting definition within this zoning chapter, then the word shall be used and interpreted within each code in accordance with the specific definition contained therein.

(c)

Any words specifically defined in a subsequent section or article of this chapter shall carry that meaning within the context of the specific section or article within which it is defined.

(d)

Any lingering confusion or questions regarding the definition of a term used in these regulations shall be decided by the board of adjustment.

(Ord. No. 0-231-04, art. II(§ 1), 3-22-2004)

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 structure or use means a subordinate structure or a portion of the main structure, the use of which is incidental to the main or principal use of the premises. An accessory use is one which is incidental to the main or principal use of the premises. An accessory use or structure shall only be permitted on a lot containing a principal use or structure that is permitted by right or as a special exception within the applicable zoning district.

Alley means a public service way which affords only a secondary means of access to the rear or side of abutting property and is not intended for general traffic circulation.

Alteration or altered means and includes any of the following:

(1)

Any addition to the height, width, or depth of a building or structure;

(2)

Any change in the location of any of the exterior walls of a building or structure;

(3)

Any change in the position or placement of an existing structure or building on a lot;

(4)

Any increase in the interior accommodations of a building or structure;

(5)

Any repairs, renovation, remodeling, or rebuilding to a building or structure which costs, in total, more than 50 percent of the original value of the building or structure prior to the initiation of said activity.

Apartment means a single dwelling unit contained within a multifamily dwelling.

Automobile filling and service station means a place of business which primarily conducts routine and incidental maintenance, inspection, and repair services for malfunctioning, excessively worn, or broken parts and components on otherwise operable motor vehicles and/or which has pumps and registered underground storage tanks through which motor vehicle fuels, oils, fluids, or lubricants are dispensed, sold, or offered for public sale. No above ground storage tanks with a capacity in excess of 500 gallons shall be permitted. Such facilities may offer general automobile and travel-related commodities and services, excluding the following:

(1)

Tire recapping or re-grooving;

(2)

Exclusive auto parts sales where no repair or maintenance service is offered;

(3)

Full vehicle restoration;

(4)

Body painting, repainting, or detail (other than incidental touch-up associated with permitted repair and servicing work);

(5)

Whole engine replacement or overhaul;

(6)

The on-site storage and salvaging of inoperable motor vehicles, chassis, bodies, or engines, and other similar major vehicle body and restoration work or overhauls;

(See also Body shop, Convenience store, andTruck stop.)

Awning means a shelter attached to and extending outward from the vertical surface of a building, above an external entrance or window, without any support from the ground.

Basement means a story having a part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations.

Bed and breakfast inn means a lodging facility having the exterior appearance of a single-family house and providing short-term (less than one month per visit) rental sleeping accommodations. Such structure shall contain at least two, but not more than ten bedrooms for rent. Individual bedrooms within a bed and breakfast inn shall not contain any kitchen facilities, and must be accessed through a central internal lobby, foyer, or office. The lodging facility shall also contain the primary living facilities for the resident manager or owner of the facility. Breakfast shall be the only meal served to paying guests of the facility, which shall be prepared in a central kitchen facility and served in a central dining room. A manufactured home shall not be used as a bed and breakfast inn. (See also Boardinghouse or roominghouse,Hotel, and Motel.)

Board of adjustment orboard means the zoning board of adjustment of the city.

Boardinghouse or roominghouse means a building other than a hotel or motel where lodging or lodging and meals is provided to non-institutionalized persons (persons capable of independent living) for compensation over a long-term period (at least month-to-month). The structure shall contain at least three, but not more than 20, private rooms for rent and shall provide either shared or common kitchen facilities or shared bathroom facilities. Individual lodging rooms within the building must be accessed through a central internal lobby or office. The rooms contained within the structure shall not constitute independent dwelling units under the terms of this chapter. (See also Bed and breakfast inn, Dwelling, multifamily,Hotel, and Motel.)

Body shop means a motor vehicle repair and restoration facility or garage that conducts minor and major vehicle repairs, including, but not limited to, full vehicle restoration work, body painting or repainting, whole engine replacement, and other similar major vehicle body and restoration work or overhauls, but not including the on-site storage and salvaging of inoperable motor vehicles. Such facilities may offer for sale motor vehicle fuels on an incidental basis. (See also Automobile filling and service stations, Junkyard, and Truck stop.)

Buffer means a densely planted strip of evergreen shrubs or trees, or solid fencing, earthen berm, a natural drainageway, or a similar condition, or any combination thereof intended to serve as a physical and visual divider between different uses or lots. No buffer shall be less than 15 feet in width at any point. Each buffer shall be improved to provide an effective yearround visual screen between adjoining uses, such that evergreen trees shall not be spaced less than 15 feet apart on center and that evergreen shrubs shall not be spaced less than 7½ feet on center within the buffer strip.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or protection of persons, animals, or property.

Building, accessory, means a subordinate structure or a portion of the principal building, the use of which is incidental to or supportive of the dominant use of the principal building on the same lot. (See also Building, principal.)

Building area means that portion of a lot within the required setbacks that may be utilized for the construction of structures and other accessory uses associated with a permitted use.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for pitched roofs or, for flat roofs, to the mean height level between eaves and ridges for gable, hip and gambrel roofs and to the deck line of mansard roofs.

Building, principal, means a structure within which the primary or dominant use of the applicable underlying lot is conducted. (See also Building, accessory.)

Building setback line means a line establishing the minimum allowable distance between the nearest portion of any structure (excluding steps, gutters, and similar protruding fixtures on a building) and the fronting right-of-way line of the abutting street.

Business, retail, means a commercial establishment that generally sells commodities or personal services in varying quantities directly to the ultimate consumer. These commodities or services are primarily for the use of the purchaser.

Business, wholesale, means a commercial establishment that generally sells commodities or services in large quantities or by piece to retailers, contractors, other wholesale businesses, or manufacturing establishments. These commodities or services are mainly for resale, for use in the fabrication of a product, or for use by a retail business.

Camper means any vehicle or similar portable structure mounted on wheels, designed and intended primarily for short-term occupancy, for dwelling or sleeping, or other purposes. The term "camper" includes the terms "travel trailer," "recreational vehicle," and "trailer."

Campground means a lot or area of land divided into commercial sites which may be improved to accommodate cabins, campers, or tents for temporary rental occupancy by transient persons for recreational purposes and which retains an open air or natural character.

Cellar means that portion of a building between floor and ceiling which is wholly or partly below grade, and having more than one-half of its height below grade. A cellar is not counted as a story for the purpose of height regulations.

Child care center means any nonresidential center, agency, or place, however styled, where children not related to the operator are received for custodial care, apart from their parents whether for compensation, reward, or otherwise, during the day only, and in full compliance with all applicable state requirements and/or certifications. The term "child care center" also includes and encompasses the term "day care center." (See special requirements for child care facilities contained in section 30-85.) (See also Child care facility, in-home.)

Child care facility, in-home, means a custodial care business, conducted as an accessory home occupation use in a residential dwelling, where not more than six children, not related to the operator are received for temporary care during the day only, whether for compensation, reward, or otherwise, and in full compliance with all applicable state requirements and/or certifications. (See special requirements for child care facilities contained in section 30-85.) (See also Child care center.)

Church means a building or structure used exclusively for religious worship, education, or other related ceremonies or practices (not including living quarters) by the congregation or members thereof. The term "church" shall include and encompass any other term for an exclusive religious structure, including synagogue, chapel, mosque, temple, and the like. A lot containing a church as the principal use also may contain a cemetery/graveyard and/or parsonage as accessory uses, provided that any accessory parsonage uses do not exceed the permitted residential intensity (in terms of the number of families housed) of any applicable residential zoning district, should the church be located within a residential zone. No structure designed to serve as a residence as its primary use shall be classified as a church, even if portions of the structure or lot are used, altered, or designed to be used for religious worship, education, or ceremonies. However, the prohibition of a church as a principal use in a specific zoning district shall not preclude or prohibit religious worship, education, expression, or other related practices as an accessory use associated with any permitted residential or public assembly use or structure. (See also Parsonage and Monastery.)

Clinic, medical, means a public or private institution devoted to out-patient diagnosis, treatment, or care of sick or injured persons. No bedroom facilities for in-patient treatment shall be provided. The term "medical clinic" may include laboratories, a commercial cafeteria, and/or a commercial pharmacy. (See also Hospital.)

Club, private, means a building or portion thereof or premises owned or operated by a corporation association, persons or person for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Comprehensive plan means the most current or recently adopted land use or comprehensive plan for the city, as may be amended.

Condominium means a multi-unit residential structure where it is possible to acquire legal ownership of a unit without title to the land on which it is located or with the purchase of a partial or shared interest in the land on which it is located.

Construction, actual, means the commencement and continuous, uninterrupted (not to include delays caused by inclement weather conditions) prosecution of construction for the purpose of permanent placement and fastening of materials to the land/or structure, said purposes for which a permit has been issued. Construction includes filling, grading, the installation of drainage facilities, and the substantial demolition, clearing, excavation, or removal of an existing structure preparatory to new construction, provided that work shall be reasonably continuous until completion of the approved construction.

Convenience store means a business use that sells motor vehicle fuels through pumps and registered underground storage tanks in combination or conjunction with general grocery and sundry goods primarily targeted to travelers or designed to serve quick-stop (generally ten item sales or less) shoppers, including, but not necessarily limited to: packaged and prepared food products, grocery items, magazines, newspapers, maps and atlases, tobacco products, over-the-counter (but not prescription) drugs, health and beauty products, and video rentals. Such businesses may include, if permitted within the applicable zoning district, not more than three distinct business operations in a single structure with internal public access between each business. Any multiple business operations shall be limited to grocery stores, fast food restaurants or pizza parlors, video rental stores, ice cream shops, souvenir shops, tobacco stores, and newsstands. (See also Automobile filling and service station and Truck stop.)

Cottage industry means an accessory business use which is conducted within a building accessory to the permanent dwelling unit of the business owner. All cottage industries shall comply with the relevant standards contained in section 30-78. (See also Home occupation.)

Developable land area means that portion of a lot that is not classified as:

(1)

Areas of special flood hazard (100-year floodplain), as delineated on the applicable flood insurance rate map prepared by the Federal Emergency Management Agency.

(2)

Soils with severe limitations for septic systems, as delineated on the Soil Survey for Etowah County published by the Soil Conservation Service, now known as the Natural Resource Conservation Service.

(3)

Steep natural slopes in excess of 25 percent grade, as determined by a survey of the development site, or if no such survey was required, by special interpretation using the 20-foot contour intervals delineated on the applicable U.S.G.S. 7.5-minute quadrangle.

(4)

Wetland areas at least one acre in area, as delineated on the National Wetland Inventory prepared by the U.S. Fish and Wildlife Service.

Development means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, alteration, relocation, or enlargement of a structure; any mining, dredging, fitting, grading, paving, excavation, drilling, or disturbance of land; or any use or expansion of use of land.

Duplex means a residential building containing two functionally independent dwelling units on a commonly shared lot. A duplex also may be known as a two-family dwelling.

Dwelling means a building or portion thereof designed, arranged, or used principally for residential occupancy.

Dwelling, multifamily, means a residential building containing three or more functionally independent dwelling units on a commonly-shared lot, such as an apartment building.

Dwelling, single-family, means a residential building designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, including modular homes, but not including manufactured homes.

Dwelling unit means a dwelling or a portion thereof providing complete and separate facilities for one or more persons living as a single housekeeping unit.

Family means one or more persons occupying a dwelling, manufactured home, or other residential structure who live and function as a single housekeeping unit.

Flood means an overflow of water onto lands not normally covered by water, resulting in significant adverse effects in the vicinity.

Flood hazard area means all the land encompassed by the floodway and the floodway fringe areas.

Floodplain means any land area susceptible to being inundated by water from any source. (See also Flood.)

Floodway means the natural channel and the portion of the floodplain along the channel which must be retained solely for the passage of floodwaters to prevent an undue increase in flood heights upstream.

Floodway fringe areas means areas lying outside the floodway but within the area subject to inundation by the 100-year flood, which is a flood having an average frequency of occurrence in the order of once in 100 years, although the flood may actually occur in any year.

Floor area, gross or total, means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage, not including: attic space providing headroom of less than seven feet; unfinished basement, cellar, or crawl space; uncovered steps or fire escapes; open porches, decks, or patios; accessory water or cooling towers; and accessory off-street parking and loading spaces.

Frontage means the distance along the boundary line of a lot which coincides with the public or approved private street right-of-way that provides primary vehicular access to the lot. The main street frontage of a lot shall be the frontage of the property along the street that serves as the official street address of the lot.

Grade means the average level of the finished ground surface adjacent to the exterior walls of the building.

Group home means a dwelling housing individuals who are not necessarily related by blood or marriage and who live and function as a single housekeeping unit under the supervision of one or more resident manager or resident manager teams. A resident manager team may include more than one resident care provider, as may be necessary, to provide around-the-clock staff support and coverage to serve the specific developmental or rehabilitation needs of the client population. Each resident manager or team and all associated individuals that are functionally or programmatically served by that resident manager or team shall constitute an individual and separate family residing within the group home. Specific individual living facilities shall be provided within the home for each family residing therein. A group home serves socially, physically, mentally, or developmentally impaired individuals in a family-type living arrangement, including homes for orphans or neglected children, homes for people with disabilities or who are mentally retarded or mentally ill, rehabilitation homes for drug or alcohol dependency, emergency care homes for abused spouses or children, and similar group residency individuals who require on-site assistance, counseling, or supervision from a resident manager, but do not otherwise represent a danger to society. Group homes shall comply with the relevant standards contained in section 30-76.

Hazardous material means any explosive, corrosive, flammable, toxic, or carcinogenic material, chemical, or substance that poses a threat to human health or welfare. Such substances do not include common household products and cleansers which may, by their nature, include or constitute hazardous materials, as long as they are used exclusively for their intended purpose and are not stored in quantities that are excessive for common residential use.

Hazardous waste means any discarded or disused material, chemical, or substance which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:

(1)

Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed.

Home occupation means a business activity for gain or support incidental to the use of the premises for residential purposes, conducted only by members of a family residing on the premises, and conducted entirely within a dwelling or accessory building, in connection with which there is no advertising of any nature. All home occupations shall comply with the relevant standards contained in section 30-78. (See also Cottage industry.)

Hospital means a public or private institution devoted to in-patient or in-patient and out-patient diagnosis, treatment, or care of sick or injured persons. A hospital may include laboratories, a commercial cafeteria, and/or a commercial pharmacy. (See also Clinic, medical.)

Hotel means a commercial boarding and lodging facility offering sleeping accommodations to the public on a daily or weekly basis. Such facilities shall contain not less than ten bedrooms. Individual lodging rooms within a hotel shall not contain full kitchen facilities for exclusive use and must be accessed through a central internal lobby or office which is supervised at all times. Accessory uses permitted within a hotel building may include: a restaurant, conference facility, laundry facilities, meeting rooms, banquet rooms, gift shops, and recreational and exercise facilities. (See also Bed and breakfast inn,Boardinghouse or roominghouse,Dwelling, multifamily, and Motel.)

Impervious surface area means that portion of a lot occupied by improved or natural surfaces that cause or contribute to stormwater runoff. Such surfaces shall include exposed bedrock or improvement to land that substantially reduces or prevents the natural infiltration of stormwater into the underlying soil layers and causes increased runoff, including, but not necessarily limited to paved surfaces, buildings, sidewalks, swimming pools, and any compaction of the surface layers of soil to an intensity of at least 95 percent.

Institution means a structure or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on nonprofit functions of a public or semi-public nature, including, but not limited to, hospitals, schools, churches, fraternal orders and orphanages, and also including residential accessory uses, such as rectories, parsonages, dormitories and dwellings for resident administrators, watchmen, custodians or caretakers.

Junkyard means any lot or parcel of land upon which discarded or nonfunctional articles, products, and materials are kept, compacted, burned, stored, cannibalized, bought, or sold, but not actively repaired or used for their original purposes or as originally manufactured units. Such articles shall include, but may not be limited to, household appliances, scrap metal (ferrous or nonferrous), demolition materials or debris, worn or used rags, used furniture, scrap paper or glass, used or flat tires, and inoperable automobile bodies and parts. Any lot containing, for a period exceeding 30 consecutive days, two or more motor vehicles that are unregistered or are incapable of fully operating (start and move) under their own power shall constitute minimum prima-facie evidence of a junkyard. (See also Body shop and Solid waste facility.)

Kennel means a lot or commercial enterprise or facility where five or more domestic animals are boarded or kept for any purpose whatsoever, with exception of on-site major medical treatment. (See also Veterinary clinic,Veterinary hospital,Pet store, and Pet grooming establishment.)

Lot means an unsubdivided parcel or portion of land/or legal lot of record occupied or intended to be occupied by a building or group of buildings, uses, and open spaces belonging to the same. The term "lot" includes the terms "plot" and "parcel." The establishment of lease or rental lines shall not define separate lots for purposes of this chapter.

Lot, corner, means a lot adjoining an intersection of two street rights-of-way such that it possesses frontage along the right-of-way lines of both intersecting streets. A lot located along a curved street shall be considered a corner lot if street frontage opposes both the rear and one side yard of the lot and the interior angle formed by the intersecting front street line and the side street line is less than 135 degrees.

Lot depth means the longest distance between any point along the frontage line of a lot and the opposing rear property line as measured by a line drawn perpendicular to the building setback line. (See also Building setback line and Lot width.)

Lot, double frontage, means a lot possessing frontage on two or more streets that do not intersect at any point along the subject lot boundaries.

Lot, interior, means a lot other than a corner lot possessing frontage on only one street.

Lot of record means any validly recorded unsubdivided parcel of land which, at the time of its recording, complied with all applicable laws, ordinances, and regulations.

Lot width means the distance between the side lines of a lot, measured along the building setback line.

Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or when erected on site is 320 or more square feet, which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, and which is connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein. All manufactured homes shall comply with the relevant and applicable standards contained in section 30-77. (See also Mobile home and Modular home.)

Manufactured home park means a tract of land in single ownership having multiple spaces for lease which are used or designed to accommodate manufactured homes.

Mobile home means a structure which complies with the definition of the term "manufactured home" but which was manufactured prior to June 15, 1976. After the effective date of the ordinance from which this chapter is derived, mobile homes shall be a nonconformity subject to the regulations established in section 30-75. (See also Manufactured home and Modular home.)

Modular home means a dwelling transported in pre-manufactured sections or components to the construction site and assembled and inspected in accordance with a national building code and bearing an insignia issued by the state manufactured housing commission verifying compliance of the structure's components with all applicable requirements of the state code, as amended. (See also Manufactured home and Mobile home.)

Monastery means a religious building, structure, or compound occupied by monks residing and worshiping within the structure under religious vows and in seclusion. The term "monastery" shall also include convents. (See also Church and Parsonage.)

Motel means a commercial boarding and lodging facility offering sleeping accommodations to the public on a daily, weekly, or monthly basis. Such facilities shall contain not less than ten bedrooms. Individual lodging rooms within a motel may be accessed directly from the outdoors and may contain partial kitchen facilities, such as a sink, small refrigerator, and a microwave oven, but not a stove, convection oven or dishwasher. Accessory uses permitted within a motel building may include: a restaurant, laundry facilities, meeting rooms, gift shops, and recreational and exercise facilities. Guest rooms also may be provided in the form of separate cottages on the motel premises, as long as any bathroom facilities are connected to municipal sewer or a sanitary on-site septic system approved for such use by the health department. (See also Bed and breakfast inn,Boardinghouse or roominghouse,Dwelling, multifamily, and Hotel.)

Net area means the total area of a site minus the street area.

Nonconformity means a lot of record, structure, or use of a lot or structure that legally existed at the time of enactment of the ordinance from which this chapter is derived or of subsequent amendment to this chapter, but which no longer conforms to all applicable provisions of the district in which it is located.

Nursery school or kindergarten means any premises or portion thereof used for educational work or parental care of children of less than the age required for enrollment in the public school system.

Nursing home means a home for the aged or infirmed in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.

Open space means the area on a lot which is not occupied by a building or structure and is maintained in a natural state or has been developed to support outdoor recreational uses.

Parking lot means an open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.

Parsonage means an attached or detached dwelling used as a domicile for a church clergyman and his family. A parsonage also may be used as a temporary housing facility for visiting clergy. A parsonage may be an accessory structure on a church property or a principal use on an adjoining lot to a church. (See also Monastery and Church.)

Pet grooming establishment means any commercial enterprise in a totally enclosed building where animals are groomed, but where overnight boarding or medical treatment are not permitted. (See also Kennel, Pet store, Veterinary clinic, and Veterinary hospital.)

Pet store means a commercial enterprise in a totally enclosed building, where common domestic animals are temporarily housed for retail sale only and where extensive medical treatment is not provided. Such an enterprise also may offer pet products, canned or packaged food, and other associated supplies for retail sale. (See also Kennel, Pet grooming establishment, Veterinary clinic, andVeterinary hospital.)

Planning commission or commission means the planning commission of the city.

Public land use means any land use operated by or through a unit or level of government, either through lease or ownership, such as: municipal administration and operation; libraries; county buildings and activities; state highway offices and similar land uses; and federal uses such as post offices, bureau of public roads, internal revenue offices, military installations, etc.

Recreational vehicle. See Camper.

Recreational vehicle park. See Campground.

Regular zoning district means a zoning district which is delineated on the base zoning map.

Restaurant means a commercial dining facility serving food prepared or cooked on the premises to patrons who will primarily consume the prepared food on the premises or within the dining facility. Under the terms of this definition, a restaurant shall include delis, cafes, and ice cream parlors. (See also Restaurant, drive-through.)

Restaurant, drive-through, means a commercial dining facility serving food prepared or cooked on the premises and specifically designed to afford patrons the option of dining on the premises or taking the prepared food away for off-site consumption. Such dining facilities are distinguished by the provision of a drive-through lane or service window or the absence of seating or parking facilities for on-site dining. (See also Restaurant.)

Shopping center means a retail business development consisting of a group of commercial establishments designed as a unit and having shared parking and driveway facilities.

Solid waste means any solid refuse materials generated by residential, commercial, industrial, or institutional uses for disposal.

Solid waste facility means any land/or structure used for the long-term disposal, storage, transfer, collection, treatment, utilization, processing, incineration, or any combination thereof, of solid waste.

Special zoning district means a zoning district that overlays one or more regular zoning district identified on the zoning map.

Stockyard means any fenced or walled pen or corral within which transient cattle, sheep, swine, or horses are kept temporarily for slaughter, market, or shipping. The term "stockyard" includes any associated shed, barn, or shelter directly or freely accessed by the animals residing within the contained yard for feeding and/or protection against the elements. However, a stockyard shall not be confused with pastureland, where similar animals are contained by a fence or wall in a low density setting or a large field with natural grass or ground vegetation to permit sustainable casual grazing. In a stockyard, animals are confined at such high intensities that the natural growth of ground vegetation is retarded by the persistent trampling of the confined animals.

Story means that portion of a building other than a cellar, included between the surface of any floor and the surface of the floor immediately above, or if there be no floor above it, then the space between such floor and the ceiling above it.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or living quarters shall be counted as a full story.

Street means a dedicated right-of-way within which an improved surface has been constructed for vehicular traffic, which is opened to the general public and which affords the principal means of access to abutting property. A public street is a street that has been dedicated for public use, improved according to city standards, and accepted by the city as a public right-of-way. A private street is a street that has been dedicated for public use, improved according to city standards, and is owned and maintained by an individual or an association of homeowners served by the street.

Street, arterial, means as defined in the comprehensive plan.

Street centerline means a line formed by the midpoint between the inside edges of the curbs or the drainage ditches along the improved roadway within a street right-of-way.

Street, collector, means as defined in the comprehensive plan.

Street, local, means as defined in the comprehensive plan.

Street line means the right-of-way of a street.

Street, major, means all arterials and collectors.

Streets, minor, means all local streets.

Structural alteration means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, the term "structure" includes buildings, manufactured homes, walls, fences, and outdoor advertising signs.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

Theater, drive-in, means an open-air performance facility specifically designed to allow patrons to view a performance or motion picture while seated in a parked motor vehicle.

Townhouse means buildings containing only one or two dwelling units, with three or more buildings attached to each other by party walls without openings. Side yards shall be required only at the end of rows of attached dwellings. In districts where permitted, the lot area of each building must be at least equal to the minimum lot area of that district.

Travel trailer. See Camper.

Truck stop means a place of business that offers a wide array of services and goods primarily serving the needs of long-haul truckers and long-distance, nonresident travelers. Such services and goods may include a dine-in or drive-through restaurant; convenience foods, groceries, and sundries; common non-salvaged vehicle parts and accessories; maps and periodicals; and motor vehicle fuels, oils, fluids, or lubricants, provided that all motor vehicle fuels are stored in registered underground storage tanks. No aboveground storage tanks with a capacity in excess of 500 gallons shall be permitted. Such facilities also may provide shower and lounge facilities for the traveling public, except that no on-site bedrooms or other overnight sleeping accommodations shall be provided. The following services shall not be provided at a truck stop:

(1)

Tire recapping or re-grooving;

(2)

Exclusive auto parts sales where no repair or maintenance service is offered;

(3)

Full vehicle restoration;

(4)

Body painting, repainting, or detail (other than incidental touch-up associated with permitted repair and servicing work);

(5)

Whole engine replacement or overhaul;

(6)

The on-site storage and salvaging of inoperable motor vehicles, chassis, bodies, or engines, and other similar major vehicle body and restoration work or overhauls.

(See also Automobile filling and service station, Body shop, andConvenience store.)

Use means the purpose or activity for which land/or a building or other structure is designed, arranged, or intended, or the purpose or activity for which land is or may be occupied or maintained.

Veterinary clinic means a satellite facility of an existing vet hospital that is located in the county for the outpatient treatment of small domestic animals, which is staffed by at least one doctor of veterinary medicine and which does not have facilities or provide for the overnight stay of animals. A veterinary clinic may offer pet grooming services. (See also Kennel, Pet grooming establishment, Pet store, andVeterinary hospital.)

Veterinary hospital means a facility for the medical treatment and boarding of small domestic animals, which is staffed by a least one doctor of veterinary medicine. A veterinary hospital may offer pet grooming services. (See also Kennel, Pet grooming establishment, Pet store, andVeterinary clinic.)

Yard means a space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front, means a yard extending the full width of the lot, and situated between the right-of-way line of the abutting street and the nearest point of the principal building.

Yard, rear, means a yard extending the full width of the lot from the rear of the lot to the nearest point of the principal building.

Yard, side, means a yard situated between the nearest point of the principal building and the sideline of the lot, generally extending from the rear line of the front yard to the front line of the rear yard.

Zoning district means a section of the city for which the zoning regulations are uniform, as delineated on the zoning map.

Zoning map means the zoning map of the city which includes a base map of the regular zoning districts and an overlay of the special zoning districts.

(Ord. No. 0-231-04, art. II(§ 2), 3-22-2004)