This chapter, including all maps and publications made a part hereof and by reference, is adopted pursuant to the authority granted by the Charter of the city and shall be known and cited as the "Land Development Code of the City of Stillwater, Oklahoma," and codified as this chapter.

(Ord. No. 3023, § 1(23.1), 3-3-2008)

State Law reference— Codification of city ordinances, 11 O.S. § 14-101.

(a)

For the purpose of promoting the health, safety, morals, and the general welfare of the community, the city council of the city may regulate and restrict:

(1)

The height, number of stories, and size of buildings and other structures;

(2)

The percentage of lot that may be occupied, the size of yards, courts and other open spaces;

(3)

The density of population; and

(4)

The location and use of buildings, structures and land for trade, industry, residence or other purposes.

(b)

Municipal regulations as to buildings, structures and land shall be made in accordance with a comprehensive plan and be designed to accomplish any of the following objectives:

(1)

To lessen congestion in the streets;

(2)

To secure safety from fire, panic and other dangers;

(3)

To promote health and the general welfare, including the peace and quality of life;

(4)

To ensure the provision of adequate light and air;

(5)

To prevent the overcrowding of land;

(6)

To promote historical preservation;

(7)

To avoid undue concentration of population;

(8)

To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public amenities.

(c)

The regulations shall be made with reasonable consideration, among other things, as to the character of a specific or individual district or area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. The city council shall provide the manner in which regulations, restrictions and district boundaries shall be determined, established and enforced, and amended, supplemented or changed.

(Ord. No. 3023, § 1(23.2), 3-3-2008)

State Law reference— Similar provisions, 11 O.S. §§ 43-101, 43-103.

These regulations shall be in full force and effect within the corporate limits of the city. All land within said boundaries shall be classified as being in one of the zoning districts adopted herein. With the exception of zoning, certain portions of these regulations may be applicable to properties that are located outside of the corporate limits.

(Ord. No. 3023, § 1(23.3), 3-3-2008; Ord. No. 3051, § 1, 12-15-2008)

State Law reference— Authority to create districts, 11 O.S. § 43-102.

The city is vested with the authority to regulate the development of land under the police power vested by the constitution and laws of the state.

(Ord. No. 3023, § 1(23.4), 3-3-2008)

State Law reference— Authority to regulate development of land, 11 O.S. § 43-101.

Except as may be hereinafter otherwise provided, no land, building, other structure, improvement, or use of land shall be used, made, erected, constructed, moved, altered, enlarged, or rebuilt, that is designed, arranged, or intended to be used or maintained for any purpose, or in any manner, except in accordance with these and other requirements established, and in accordance with the provisions of the articles contained herein relating to any or all districts, structures and uses.

(Ord. No. 3023, § 1(23.5), 3-3-2008)

Each article, division, section, and subsection within this chapter is severable from all other articles, divisions, sections, and subsections. If any part or provision hereof shall be held null and void or unenforceable, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this chapter.

(Ord. No. 3023, § 1(23.6), 3-3-2008)

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:

Abut means the boundary of a parcel of land lies in immediate proximity to, or is contiguous with, another parcel, but does not physically touch or adjoin such parcel.

Accessory building or structure means a building or structure customarily incidental and secondary to, and located on the same lot as, the principal building or structure.

Accessory use means a use customarily incidental and secondary to, and located on the same lot as, the principal use of a building, structure, or land.

Adjacent means the boundary of a parcel of land actually touches the boundary of another parcel of land, exclusive of the area of any intervening right-of-way.

Administrative officer means an employee of the city.

Adverse impact means when the action of one property owner creates harm to another property owner by increasing flood peaks, flood stage, flood velocity or by causing erosion and/or sedimentation or other damage.

Airport means the city regional airport.

Alley means a public way which gives a secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public utility purposes, but is not primarily intended for general traffic circulation and may be utilized in residential, commercial and industrial districts.

Ambulatory surgical center or facility means an establishment with an organized medical staff of physicians, with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures, with continuous physician services available on call, and registered professional nursing services available on site, whenever a patient is in the facility, which provides services or other accommodations for patients to recover for a period of not to exceed 23 hours after surgery (as defined by the ambulatory surgical center regulations, title 310, chapter 615, Oklahoma Administrative Code, state department of human services).

Animal clinic means an establishment organized with a licensed medical staff to care for animals on an outpatient basis and which operations are conducted entirely within an enclosed building.

Annexation means the process of expanding or extending the corporate boundaries of the city.

Appeal means a request for review of a decision, action, or interpretation with respect to ordinances, regulations, or policies as adopted by the city.

Awning means a framed structure, supported from the exterior wall of a building, which can be retracted, folded, collapsed or remains stationary as a part of the building.

Berm means a mound or bank of earth covered with either grass or other plant material designed to provide a screen between incompatible uses and/or decrease noise intrusion.

Block means a continuous group of lots separated by street rights-of-way. Also, a continuous group of lots comprising a portion of a platted subdivision, used for identification purposes.

Board of adjustment means the city board of adjustment.

Buffer means land area used to:

(1)

Visibly separate one use from another through screening and distance;

(2)

Shield or block noise, light, glare, or visual or other conditions;

(3)

Minimize physical passage to nonsimilar areas;

(4)

Reduce air pollution, dust, dirt and litter.

Buffer strip means the landscaped portion of a lot or parcel of land between the developing/developed area and the property line.

Buildable area means all of that portion of a lot, tract, or parcel of land which remains after the minimum yard, easement, and open space requirements of this chapter have been met.

Building means any structure, having a roof supported by columns or walls, used or intended for support, enclosure, or shelter of any use or occupancy.

Building code means the various codes of building design, construction, and maintenance as adopted by ordinance.

Building frontage means the side of a building which contains a primary entrance and/or abuts a street, excluding an alley. When the entrance is located at an angle on the corner of the building, one side must be designated as the frontage.

Building line means a line representing the inner edge of any required yard or required setback and the corresponding outer edge of the buildable area beyond which a building shall not extend, except as specifically provided herein.

Building official means the officer or other designated authority charged with the administration and implementation of the applicable building codes of the city.

Building site means land occupied or intended to be occupied by a building, together with all open space required herein, which is located on a lot that has been lawfully created and meets all criteria for its intended use.

Caliper means the diameter of the tree trunk measured at a specified distance above ground.

Canopy means a functional rigid roof-like, multisided, shelter structure which is wholly or partially supported by a building structure and/or columns, braces, or poles extending to the ground.

Canopy tree means a tree that, under normal forest conditions, will compose the top layer of vegetation and generally will reach a mature height of greater than 40 feet.

Car length means, for the purposes of measuring, 19 feet.

Carport means a roofed structure providing space for the parking or storage of motor vehicles that is open on two or more sides.

Cash escrow means funds placed in escrow at a solvent state financial institution, which can be drawn on to complete the improvements for a subdivision of land or a land development project in case of default by the subdivider/developer.

City drainage standards means the stormwater management specifications and standards as adopted by the city council.

City standards means the engineering design criteria, construction standards, and standard details as approved by resolution of the city council.

Commercial minor subdivision means any resubdivision, reorganization, combination or division of nonresidential land.

Common area or facility means a portion of a development, subdivision, lot, or structure used in common by two or more owners or tenants of other portions of such development, subdivision, lot or structure.

Common open space means a common area which is not enclosed in a building.

Comprehensive plan means the city comprehensive community development plan.

Corner lot means a lot or parcel of land abutting upon two or more streets or rights-of-way at their intersection, or upon two parts of the same street or right-of-way forming an interior angle of less than 135 degrees.

Corporation commission means the corporation commission of the state.

Cul-de-sac or cul-de-sac street means a minor street having one end open to vehicular traffic and having one end terminated by a turnaround, of which design complies with the standards as adopted or referenced by the city.

Deciduous means a plant with foliage that is shed annually.

Density means the amount or quantity of something per unit measure. The number of units in a given land or building area.

Gross density: A units-per-acre (upa) density measurement that includes in the calculation all land occupied by use, right-of-way or easement, recreational activity, civic activity, building, parking, landscaping, and any other improvement necessary for the development.

Net density: A units-per-acre (upa) density measurement that includes in the calculation only land occupied by the use(s) and the improvements required for the development to occur. Typically 80 percent of the gross acreage remains available for development.

Population density: A persons-per-acre density measurement that calculates the number of persons residing within an area equal to one acre of land.

Detached emergency shelter means an accessory building not attached to or part of another building, and which is designed and intended for temporary human habitation during periods of violent storms or emergency situations.

Detached solar collector means an exterior accessory device not attached to or part of a building, which is specifically designed and intended to provide a net energy gain by transferring, storing or converting solar radiation for the purpose of heating or electricity generation.

Detention means the temporary storage and controlled release of stormwater runoff.

Detention facility means a facility that provides temporary storage of stormwater runoff and controlled release of such runoff.

Developer means any person, firm, or entity engaged in the development of property or planning of property for development.

Development means any manmade change to land including, but not limited to:

(1)

The addition of impervious surfaces, construction, mining, dredging, filling, excavation or drilling operations;

(2)

The installation of utility mains, buildings/structures or other improvements on any lot, parcel or tract of land.

Development area means the area of a lot or parcel that is utilized for the purpose of development.

Development code or land development code means this chapter.

Development project or land development project means any proposal for development within the jurisdictional boundaries of the city.

Development services department means a city department charged with the oversight of development.

Disposal well means any well drilled or actually used for injection of saltwater or other substances into the earth at a point other or different than the point of extraction or production thereof from the earth.

District means a zoning district or supplemental district, depending on the context.

District regulations means the provisions of this chapter contained in article VI of this chapter.

Double frontage lot means a lot which runs through a block from street to street and which abuts two or more streets, but not a corner lot.

Drainage facilities means all elements necessary to store, control, and/or convey stormwater runoff. Said drainage facilities shall consist of both public and private storm sewers (closed conduits), channels, watercourses, sedimentation facilities, areas covered by drainage easements for the purpose of providing overland flow, and all appurtenances to the foregoing, including inlets, manholes, junction boxes, headwalls, dissipaters, culverts, detention facilities and the like.

Drainage plan means final construction drawings with sufficient information related to the proposed stormwater facilities for a site to allow determination that the facilities will function as designed in the final drainage study for the proposed site.

Drainage standards means the criteria, standards and specifications for stormwater management, sediment and erosion control, and earth changes adopted by the city. The term "city drainage standards" includes all standards currently contained in the city standards.

Drainage study means an engineering analysis, prepared by a licensed professional engineer, of the hydrologic and hydraulic characteristics of a site or development.

Drilling means digging or boring a hole in the earth for purposes of exploring for, developing or producing oil, gas, and other hydrocarbons. The term "drilling" includes all operations through the completion of a well.

Drilling site means the premises used during the drilling, maintaining, operating, and producing of a well or wells located thereupon.

Dwelling means any building or portion thereof which is used as living quarters for one or more families.

Dwelling unit means one or more rooms in a residential building or residential portion of a building forming a single habitable unit with provisions for cooking, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household.

Earth change means excavating, grading, regarding, landfilling, berming or diking of land within the jurisdictional area of the city.

Easement means a right of use over the property of another. A strip or portion of land wherein the public, the city, a corporation, or other persons, have been granted a right of use by a property owner for a public or specific purposes, such as, but not limited to, construction, installation and/or maintenance of streets, sidewalks or utilities.

State Law reference— Easement, 60 O.S. § 49.

Enclosed parking means off-street vehicle parking spaces located inside a garage or other building or portion thereof having at least 50 percent of the exterior facade on all sides constructed of opaque materials.

Evergreen means a plant with foliage that remains green yearround.

Facility means a structure or equipment built, installed, or established to serve a particular purpose.

Family child care home.

(1)

The term "family child care home" means one that is licensed to provide care and supervision for no more than seven children for any portion of a 24-hour period.

(2)

The term "family child care home" does not include:

a.

Informal arrangements which parents make independently with neighbors, friends and others;

b.

Caretakers in the child's own home; and

c.

Nursery schools, kindergartens or other facilities of which the purpose is primarily educational, recreational or medical treatment.

Final plat means a map of land subdivision prepared in a form suitable for:

(1)

Filing of record with necessary affidavits, certifications, dedications and acceptances; and

(2)

Delineating the layout of such subdivision as required herein.

Flag lot means a lot in the approximate configuration of a flag pole or sign post, with a pole or post functioning primarily as an access way to the main body, or flag, of the lot from the street. All lot size, bulk standards, and lot coverage requirements apply only to the flag portion of the lot.

Fraternity or sorority house means any building occupied and maintained by a social association of college students and containing group living quarters wherein, for compensation and by prearrangement for definite periods; meals and/or lodging are provided exclusively for members of the organization and their guests.

Front building line means the front setback line or a point at which the lot reaches the required lot width in the case of a flag lot.

Front lot line means the property line separating the front yard of a lot from an abutting street right-of-way. The street, roadway or access easement line shall be considered the front lot line for lots located on private streets.

Front yard means a yard extending across a lot between the side lot lines, and measured as the minimum horizontal distance between a front lot line and the nearest portion of the principal building. Both yards abutting a street shall each be considered a front yard on corner and double frontage lots.

Garage means a roofed building, or other structure, or part thereof, used or intended to provide enclosed parking or storage spaces for vehicles.

Grade means the average level of the finished surface of the ground adjacent to the exterior of a building or structure.

Gross floor area means the sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the centerline of a common wall separating two buildings, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Gross leasable area means the total floor area for which tenants pay rent that is designated for the tenants occupancy and exclusive use.

Ground cover means evergreen or deciduous planting less than 24 inches in height, excluding turf grass.

Hardscape means nonliving or hard materials used to augment the beauty and function of a landscaped area. The term "hardscape" may include, but is not limited to brick, stone or rock walls, fountains, ponds, pools, planters or retaining walls.

Height means, except as otherwise noted, the vertical distance from the average elevation of that portion of a lot covered by a building or other structure to the highest point of the building or structure, but not including all or portions of attached nonhabitable structures exempted herein.

Home occupation means an occupation, profession, activity, or use that is an incidental and secondary use of a residential dwelling unit, or accessory structure located on the same lot as the dwelling unit, that does not alter the exterior of the property or affect the residential character of the neighborhood.

Homebuilder means any person who engages in the construction of dwellings.

Hospital means any institution, place, building or agency, public or private whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of patients admitted for overnight stay or longer in order to obtain medical care, surgical care, obstetrical care, or nursing care for illness, disease, injury, infirmity, or deformity. All places where pregnant females are admitted and receive care incident to pregnancy or delivery shall be considered to be a hospital within the meaning of this chapter, regardless of the number of patients received or the duration of their stay. The term "hospital" includes, but is not limited to, general medical surgical hospitals, specialized hospitals, critical access and emergency hospitals, and birthing centers (as defined by hospital standards, title 310, Oklahoma Administrative Code, chapter 667, Oklahoma State Department of Human Services).

Improvements means permanent amenities that are required to serve a subdivision of land or a land development project including streets (both public and private), traffic control devices, sidewalks, water distribution systems, sanitary sewer collection systems, sanitary sewer pretreatment facilities, if required, and storm drainage collection and conveyance systems including stormwater detention or retention ponds. For the purpose of this definition, the term "streets" do not include private parking lots or private drive aisles that are located within or serve private parking lots.

Intensity means the degree of impact associated with one or more uses (e.g., noise, traffic, lighting, size of structures, etc.) such that greater degrees are considered higher intensity.

Interior lot means a lot other than a corner lot.

Irrevocable letter of credit means a commitment from a state or federally chartered financial institution, to provide funding to complete the improvements for a subdivision of land or a land development project in case of default by the subdivider/developer.

Kennel means the use of land or building for the purpose of breeding, boarding or training small animals such as cats and dogs.

Land use means a description of how land is or may be occupied or utilized.

Land use application means a formal request for approval of a land development project.

Landscape plan means the preparation of graphic and written criteria, specifications, and detailed landscape plans to arrange and modify natural features such as plantings, ground and water forms, circulation, walks, irrigation, landscape lighting, erosion control, on-site drainage and other features to comply with the provisions herein.

Landscaping means the use of softscape, such as any living organic plant material, that includes:

(1)

Trees, shrubs, flowers, ground cover, vegetation, vines or grass;

(2)

The use of hardscape such as planters, decorative pavings/sidewalks, brick, arbors/trellises, fountains; or

(3)

The combination of both softscape and hardscape.

Large family child care home means a family child care home licensed to provide care and supervision for eight to 12 children for any portion of a 24-hour period.

Legally nonconforming lot/parcel means a lot or parcel that lawfully existed prior to the adoption, revision or amendment of this chapter, but which fails by reason of such adoption, revision or amendment to conform to standards and/or requirements of the district wherein it is located.

Legally nonconforming structure means an existing structure that does not meet the applicable setback, lot coverage, or height requirements of the district wherein it is currently located, but did meet the applicable standards and/or requirements at the time it was constructed.

Legally nonconforming use means a legally existing use of a structure or land that is not permitted in the district in which it is currently located, but was permitted when it was established.

Lot means a parcel of land on a plat that is separately owned and capable of being separately conveyed.

Lot area means the total horizontal area bounded by the exterior lines of a lot.

Lot combination means the act of combining adjoining lots or a lot and an adjoining portion of a lot for the purpose of establishing one lot.

Lot coverage means the percentage of the lot area that is occupied by principal and accessory buildings.

Lot depth means the average horizontal distance between front and rear lot lines of a lot.

Lot frontage means the length of lot line adjacent to a right-of-way or right-of-way easement.

Lot line means a line of record bounding a lot which divides one lot from another lot, or from a public or private street.

Lot of record means a lot which exists as shown on a subdivision plat recorded in the office of the county clerk, or a lot or parcel described by metes and bounds or by aliquot, the description of which has been so recorded.

Lot split means a simple division of one lot that creates a lot and either a nonbuildable parcel or an outlot.

Lot width means the horizontal distance between the side lot lines of a lot located and measured at the front lot line.

Manufactured home means a residential dwelling unit constructed in one or more sections and built in accordance with National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Minor amendment means an alteration of an approved plan.

Minor improvement means changes or additions to an existing building, structure or site not involving structural alteration, enlarged floor area or increased occupancy, and not substantially affecting the existing use or exterior appearance.

Minor structure means any uninhabitable structure having dimensions not greater than 200 square feet that is not permanently affixed to the ground.

Minor subdivision means any resubdivision, reorganization, or division of land which shall contain not more than three lots and further shall not adversely affect the development of the remainder of the parcel or adjoining property and shall not be in conflict with any provision or portion of the comprehensive plan, land development code, or other applicable ordinance or regulation of the city.

Mixed use means the use of a lot or of a building with a variety of complementary and integrated uses such as, but not limited to, residential, office retail, public or entertainment.

Mobile home means a residential dwelling fabricated in an off-site manufacturing facility, designed to be a permanent residence, but which is still transportable, that was built prior to the enacting of the National Manufactured Housing Construction and Safety standards Act of 1974, 42 USC 5401.

Mobile home park means land or property that is used or intended to be used or rented for temporary occupancy by more than two mobile homes, including all necessary utilities, streets, and other common amenities.

Mobile home space means a platted parcel, lot, or tract of land within a mobile home park designed to accommodate an individual mobile home.

Modular home means a relocatable living unit manufactured off-site and transported, on an independent carrier unit, to a permanent site which has been constructed in accordance with an Engineering Bulletin issued by the Office of Technical Standards, Department of Housing and Urban Development, Washington, D.C.

Net floor area means the total of all floor areas of a building, excluding stairwells and elevator shafts, mechanical equipment rooms, incidental storage areas, interior vehicle parking or loading, and basement areas not used or intended to be used for human habitation or service to the public.

Off-street parking means a storage area for one or more vehicles, legally accessible from a street that is not located within a right-of-way or road easement.

Oil or gas well means any well drilled, operated, or maintained for the production of oil, gas, casing head gas, or any of them, or their byproducts or derivations.

On-street parking means a temporary storage area for one or more vehicles that is located, partially or wholly, within the right-of-way or road easement.

Open space means a parcel or area of land that is not enclosed in a building, and which is dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land neighboring such open space.

Outlot means a lot that does not meet the minimum zoning requirements and is specifically set aside for greenspace, common area, or drainage purposes only; a lot not meeting the minimum zoning requirements and being combined with an adjacent and adjoining lot.

Parcel means a part or portion of land.

Parking area means off-street parking spaces, together with required associated driveways, aisles and landscaping.

Performance bond means a bond issued by a surety or insurance company licensed to conduct business in the state and not rated less than "A" by the A.M. Best Company to ensure completion of the improvements for a subdivision of land or development project in case of default by the subdivider/developer.

Performance guarantee means a financial guarantee, in the form of an irrevocable letter of credit, a cash escrow, or a surety bond, that all of the required improvements for a subdivision of land or a development project will be completed in accordance with the provisions of this chapter.

Permitted use means a use permitted by right in a zoning district.

Person means an association, company, corporation, firm, or organization, as well as an individual, unless the context indicates that the term refers only to an individual. The term "person" includes an assignee, receiver, trustee, or similar authorized representative of any of the named entities.

Planned unit development (PUD) means a development as defined by 11 O.S. § 43-110 and article XV of this chapter.

Planning commission means the city planning commission.

Point of service means the first point in the forward vehicle flow at which a product consumer places a request for the service provided on site. The term "point of service" includes menu boards where consumers communicate with on-site employees through electronic communication or direct person-to-person service.

Preliminary plat means a map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the relationship of the proposed subdivision to topography, existing streets, drainage facilities, and utilities, existing easements of record, the comprehensive plan, existing urban development and zoning, and to indicate the nature of the land planning design.

Principal building means the building wherein the principal use of the lot or parcel on which it is situated is conducted.

Principal use means the main or primary purpose for which a building, other structure, and/or lot or parcel is designed, arranged, or intended, or for which they may be used, occupied, or maintained.

Private street or drive means a street in a common area of a mobile home park, planned development or other development that serves more than one lot or parcel or facility, which is not located in a dedicated public right-of-way, but is constructed to the minimum standards of the city.

Property means any land legally owned by a person or entity.

Property line means the exterior boundary of a property.

Public street means any thoroughfare, other than an alley, located within a public way which affords the primary means of access to abutting property.

Public way means a parcel of land that has been deeded, dedicated or otherwise permanently appropriated to the public for public use.

Queue means the actual stacking of vehicles in a line for service.

Rear lot line means the property line which is on the opposite end of a lot from the front lot line that separates the rear yard of the lot from an abutting lot.

Rear yard means a yard extending across a lot between the side lot lines, measured as the minimum horizontal distance between a rear lot line and the nearest portion of the principal building. The rear yard shall be at the opposite end of the lot from the front yard, with the exception of corner or odd shaped lots.

Record drawings means drawings specifying the locations, dimensions, and elevations of improvements as constructed.

Recreational vehicle means any vehicular portable structure with an overall length not exceeding 32 feet, used as a temporary dwelling for travel, recreational, or vacation use, that is either self-propelled or built on a chassis and drawn by a motor vehicle. The term "recreational vehicle" includes those vehicles commonly known and referred to as travel trailers, campers, and motor homes.

Recreational vehicle (RV) park means the area of land used for the temporary accommodations for recreational vehicles including the sites and spaces for RVs, incidental services, and facilities intended for the convenience of guests.

Redevelopment means the reconstruction, alteration, preservation, or replacement of any or all structures and uses of an existing facility, development, subdivision, or portion thereof.

Regional detention means a stormwater detention facility that is designed to regulate the discharge of storm runoff from various drainage basins, multiple parcels of land or multiple land development projects throughout the community.

Remodel means structural and/or aesthetic alteration, but not enlargement or redevelopment, of a building.

Residential design, manufactured home means a manufactured home that is architecturally compatible in appearance to neighboring conventionally built dwellings.

Right-of-way means a strip of land, the ownership and/or maintenance of which is conveyed by dedication, prescription or condemnation for railroad, utility and/or public street purposes.

Satellite TV dish antenna means a device, commonly parabolic in shape, mounted at a fixed point on the ground or on a building for the purpose of receiving television signals transmitted via satellite communications facilities, and serving the same or similar function as the common television antenna.

Screening means a method of visually shielding or obscuring one abutting lot, structure or use from another by fencing, walls, berms, densely planted vegetation or the like.

Setback means the required minimum distance between a structure and any lot line of the lot on which the structure is located. Whenever a lot contains a right-of-way or an access easement, the setback measurement shall not include the area of the right-of-way or access easement.

Shrub means a woody plant of relatively low height distinguished from a tree by having several stems rather than a single trunk.

Side lot line means any property line other than a front or rear lot line.

Side yard means a yard extending across a lot between the front and rear lot lines, and measured as the minimum horizontal distance between a side lot line and the nearest portion of the principal building.

Sidewalk cafe means the use of a portion of a public right-of-way normally reserved for pedestrian use as a place for patrons of an eating establishment on the adjacent lot to sit and consume food and/or drink.

Sight triangle means an area described at the intersection of two streets, or a street and driveway or alley, which must remain clear of obstructions in order to facilitate vehicular safety.

Single-family home means a dwelling unit occupied by a single family.

Special exception means an exception to, or exemption from, certain provisions of this chapter.

Specific use means land use which is subject to review and approval procedures prior to establishment in a particular zoning district.

Story means that portion of a building, other than a basement, between the surface of any floor and the surface of the floor next above it or, if there is not a floor above it, the space between the floor and the ceiling next above it.

Street means any public or private thoroughfare other than an alley, which affords the primary means of access to abutting property.

Street frontage means the property line which abuts a street.

Structural alteration means any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

Structurally sound means any structure not considered dilapidated.

Structure means anything constructed or erected.

Studio apartment means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

Subdivider means any person subdividing or proposing to subdivide land as herein defined.

Subdivision means the division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. The term "subdivision" includes resubdivision and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Temporary structure means a structure without any foundation or footings, which is removed when the designated time period, activity, or use, for which the temporary structure was erected, has ceased.

Temporary use means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Text amendment means an amendment or change to the regulations or restrictions of this chapter.

Through lot or double frontage lot means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Tree means any self-supporting woody plant having one or more defined stems or trunks in a caliper of two inches or more and having a defined crown which customarily attains a mature height of eight feet or greater.

Unenclosed parking means off-street vehicle parking spaces located outside of any building or structure, or within a structure or portion thereof having less than 50 percent of the exterior facade on all sides constructed of opaque materials.

Use category means the title assigned to a group of specific uses having similar characteristics for the purpose of determining in which districts the various land uses are permitted.

Use condition means a requirement imposed as a condition of approval as determined by the planning commission or the city council.

Use permitted by right means a use permitted in a zoning district without any special review and approval procedures, but subject to any restrictions or use standards which are applicable to that use and zoning district.

Use, special or specific. See Specific use permit.

Utility, private, means a nongovernmental body operating a utility.

Utility, public, means a governmental body operating a utility.

Variance means a grant of relief, by the appropriate body, from the requirements of this chapter when specific enforcement would result in an unnecessary hardship.

Vet clinic/hospital means an establishment operated by a licensed medical staff and used exclusively for the care and treatment of animals, including incidental overnight boarding facilities and incidental outdoor run areas.

Visual screen means a physical barrier consisting of live plant material, natural and manmade materials, or a combination thereof that is used to visually separate two areas or incompatible uses from one another.

Wind energy electricity generator means an electricity generator which operates by the force of the wind on mechanical components attached to the generator, and which is mounted on a tower or other structure to facilitate a proper orientation with respect to the wind.

Yard means an open space that lies between a building and adjoining lot lines, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.

Zoning district means a specifically delineated area or district within which regulations and requirements uniformly govern the use, placement, spacing, and size of land, buildings, and other structures.

Zoning map means the map which is a part of the zoning regulations and delineates the boundaries of zoning districts and supplemental districts.

(Ord. No. 3023, § 1(23.16), 3-3-2008; Ord. No. 3051, § 2, 12-15-2008; Ord. No. 3180, § 1, 5-21-2012; Ord. No. 3221, § 1, 2-21-2013)