The provisions of this chapter shall be held to be minimum requirements. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any other ordinance or local regulation impose greater restrictions than those of this chapter, the provisions of such other ordinance or local regulation shall prevail. When referring to this chapter, the following rules of interpretation shall be applied, except when the context clearly requires otherwise:

(1)

The particular shall control the general.

(2)

In the case of any difference of meaning or implication between the text of this chapter and any chart, graph, illustration or table, the text shall control.

(3)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(4)

Words used in the present tense shall include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.

(5)

The words "building" and "structure" are synonymous and include any part thereof.

(6)

The word "person" includes individuals, firms, corporations, associations and any other similar entities.

(7)

The words "lot," "parcel," "site," "tract," or other unit of ownership are synonymous and may be used interchangeably.

(8)

The word "city" means the area of jurisdiction of the city.

(9)

All public officials, bodies and agencies to which reference is made are those of the city.

(10)

All yards required by this chapter shall be open and unobstructed by structures from the lowest level of the lot to the sky except as specifically regulated herein.

(Code 1983, § 28-141; Ord. No. K-286, § 1(art. XI, § 1), 11-21-1988)

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

Access easement means a right-of-way or parcel of land specified or set aside as the way or means by which a piece of property is approached or entered, given by the owner of land to another party.

Accessory buildings and uses means an accessory building is a subordinate building or a portion of the main building, the use of which is clearly incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) located on the same lot as, the use of the main building or principal use of the land. An accessory use is one which is clearly incidental to, or customarily found in connection with, and on the same lot as, the main use of the premises. When "accessory" is used in the text, it shall have the same meaning as accessory use (refer to section 50-146).

Act of God means an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; an inevitable accident. Courts have recognized various events as acts of God: tornadoes, earthquakes, death, extraordinarily high tides, violent winds, lightning, fires, and floods.

Agricultural products processing means a facility which involves the operation of processing, preparing, or packaging agricultural products which are not grown on the site.

Agriculture means the use of land for farming, dairying, pasturage, apiculture (bees), aquaculture (fish, mussels), horticulture, floriculture, viticulture (grapes), or animal and poultry husbandry; this includes the necessary accessory uses for packing, treating, or storing the produce from these activities.

Agriculture-related business means an establishment engaged in the retail sale of supplies directly related to the day-to-day activities of agricultural production, including the bulk storage of hay, feed, seed, fertilizers (does not allow manure that is not packaged) and related agrichemicals.

Alley means a public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Animal, exotic, means animals that are not usually found running at large within the natural areas of the state; that do not meet the definition of household/domestic animals or farm animals; that are not usually considered as a food supply or animal of burden in the United States, and which close relative or parentage is usually imported from another country.

Animal, farm, means any animal that customarily is raised in an agricultural, rather than urban, environment, for profit on farms and has the potential of causing a nuisance if not properly maintained. Allowed farm animals in the city limits are horses, cattle, dairy cows, donkeys, and mules, (water buffalo, llamas, emus, and ostriches currently being reviewed for inclusion). The term "farm animal" does not include "hobby chickens," which is separately defined.

Animal, game, means animals which are normally wild by nature, provide citizens with a portion of food for consumption, and are usually hunted under a permit issued by the state.

Animal, wild by nature, means animals which normally fall within the category of scavenger or predator; may instill fear and apprehension in persons of normal sensitivity, when encountered; require extraordinary precautions to prevent escape, and will not usually voluntarily return to the domicile after escape.

Animal clinic or veterinarian means a facility, differentiated from a small animal clinic in that veterinarian medical treatment, surgeries, vaccinations, and other services it offers include boarding, with pens, stables, kennels and holding areas as part of the clinic.

Animal control department means the agency of the city having primary responsibility for the implementation of regulations for animals and fowl (see chapter 8).

Animal shelter or pound means a facility used for animal control to contain animals and where various animal services may be administered with the aim of protecting the public from danger and health concerns associated with animals, especially stray or unlicensed pets.

Animal welfare services or animal adoption center means a nonprofit organization that provides for animal adoption, relocation, lost and found services, spay and neuter and other pet services for the benefit of animals.

Animal/pet cremation service means a service dedicated to the disposition of animal remains by means of cremation that may also provide retail goods and services as an accessory use.

Apartment or flat means a self-contained housing unit that occupies only part of a building. Such a building may be called an apartment building, especially if it consists of many apartments for rent. Apartments may be owned by an owner/occupier or rented by tenants.

Area of sign means the portion of a sign consisting of letters, words, numerals, symbols, and the like; includes measurement of all face surfaces and where those message elements are not enclosed or circumscribed by a boundary or frame shall be that area of a square or rectangle which just encompasses the entire message.

Automobile junk or salvage yard. See Junkyard.

Automobile painting or body rebuilding shop means a facility for restoring auto bodies, painting, or refinishing.

Auto repair garage means a facility for major motor vehicle repair, excluding body rebuilding.

Awning sign means a sign attached to or incorporated into an awning or an awning that is internally illuminated.

Babysitting means a passive watching-over of children generally for shorter time periods than planned all-day child care facilities for five or less children. Babysitting by high school children, grandparents and others semiformally and semisocially is, for zoning purposes, an accessory use in dwellings.

Bed and breakfast inn means an owner/innkeeper-occupied single-family dwelling, where a portion of the dwelling is available for short-term lodging for a fee and where receptions or other social events may be held. An accessory gift shop and full-service restaurant open to the general public may be permitted within a bed and breakfast inn. The guest rooms shall be located in the principal building on the lot and not in any accessory buildings. Bed and breakfast inns are permitted as a conditional use in the R-1 rural residential, R-3 low density residential, and R-4 multifamily residential zones and the O-1 office quiet business zone.

Boardinghouse or roominghouse means a dwelling or part thereof where meals and/or lodging are provided for compensation for two or more persons not transients.

Building means any structure including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property and forming a construction that is safe and stable; the term "building" includes the term "structure."

Building coverage means the percentage of the lot area covered by the building. The building area shall include all overhanging roofs.

Building, height of, means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extensions above the roof line that are not intended for occupancy or internal usage by persons.

Building lines means the lines that are parallel to the front, side, or rear lot lines of a lot at a distance equal to the minimum setback requirements and beyond which the vertical wall of a building or structure shall not be located closer to said lot lines.

Building, main or principal, means a building in which is conducted or intended to be conducted, the main or principal use of the lot on which said building is located.

Caliper means the diameter of a tree trunk measured six inches above ground level. If a tree is of a multitrunk variety, the caliper of the tree is the average caliper of all of its trunks.

Canopy tree means a species of a tree, which normally bears crown foliage no lower than six feet above ground level upon maturity.

Chicken, hobby, means fowl that are being raised on non-agricultural lots as a hobby instead of as a farming operation. Hobby chickens are used for the production of eggs, garden fertilizer, meat production or as pets for non-commercial purposes.

Child care center means any child care facility conducted under public or private auspices on a profit or nonprofit basis providing direct part-time care and protection for children. Any facility that is open more than five hours during any 24-hour period or more than a total of ten hours during a seven-day period is considered a child care center and shall be subject to the provisions of the Child Care Facility Licensing Act. Those facilities meeting the above definitions but operating no more than three weeks are not required to comply with the licensing requirements, i.e.: summer Bible schools and day camps.

(1)

For purposes of determining the need for a license, all part-time care provided at the site of a licensed program is considered a part of the licensed program and therefore subject to licensing requirements. This includes separate buildings located on the same property or any other property under the same ownership. However, mother's day out and other part-time programs serving children not participating in the licensed program are exempt as long as they operate no more than five hours per day or ten hours per week.

(2)

A public or private school which operates kindergarten (K5) in conjunction with grades one and above, or for grades one and above only and provides short-term custodial care (not to exceed 20 hours weekly) prior to and/or following classes for those students, is not required to comply with licensing requirements for the short-term custodial care is provided.

(3)

The term "child care center" does not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial persons, or to churches or other religious or public institutions caring for children within the institutional building (refer to section 50-151).

Child care facility means any facility defined by A.C.A. § 20-78-202(4).

Child care licensing unit means the unit within the department of human services, division of child care and early childhood education, that inspects and investigates any proposed or operating childcare center and any personnel connected with the center to determine if the facility will be or is being operated in accordance with the Child Care Facility Licensing Act and the licensing requirements for the child care centers.

(1)

A CCFH license is required when one or more persons care for six or more children, from more than one family at the same time. A maximum of 16 children may be cared for with a CCFH license;

(2)

An individual shall be eligible to hold only one license, which shall be issued for one location. The holders of the license shall be considered the primary caregivers and shall be present and responsible for children during hours of care. At least one of the licensees (primary caregivers) shall be present at all times children are in care and shall not be otherwise employed during the hours of care;

(3)

The caregiver's own preschool children shall be considered when determining the need for a license. The caregiver's own school age children are not considered when determining the need for a license. Other children in the home who are not accompanied by a parent, whether pay is received for care or not, are considered in determining the need for a license and will be counted in the ratio after a license is obtained; and

(4)

A child care family home which is not required to be licensed by this definition may voluntarily choose to apply for a license or for registration with the voluntary registry.

Clearance (of a sign) means the smallest vertical distance between the grade and the lowest point of any sign, including framework and embellishments, extending over that grade.

Clinic, dental or medical, means a facility for the examination, and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions.

Clubs and lodges means an association of persons for the nonprofit promotion of some common object as charity, fellowship, politics, or something similar.

Commissary means a location designated by the city at which a mobile food vendor holding a valid mobile food permit pursuant to this chapter may dispose of wastewater from storage tanks and/or clean any utensils or kitchenware associated with mobile vendor's operations under this chapter.

Condominium means one of a group of housing units where each homeowner owns their individual unit space, and all the dwellings share ownership of areas of common use. The individual units normally share walls, but that isn't a requirement. The main difference between condos and regular single homes is that there is shared ownership of parts of the land and/or building. Usually, the exterior maintenance is paid for out of homeowner dues collected and managed under strict rules. The exterior walls and roofs are insured by the condominium association, while all interior walls and items are insured by the homeowner.

Country club means a chartered, nonprofit membership club catering primarily to its membership, providing one or more of the following recreational and social activities: golf, swimming, riding, outdoor recreation, club house, locker room, and pro shop.

Crossroads TIF district means an area of land with its appurtenances and buildings established by Ordinance L-261 for the purpose of economic development and/or tourism that may be regarded as a single premises for the purposes of signage allowed in such districts.

Deciduous means a plant with foliage that is shed annually.

Developmentally disabled means an impairment that:

(1)

Is attributable to an impairment of general intellectual functioning or adaptive behavior, including cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism;

(2)

Is attributable to any other condition of a person found to be closely related to intellectual and developmental disability because the condition results in an impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual and developmental disability or requires treatment and services similar to that required for a person with an intellectual and developmental disability;

(3)

Is attributable to dyslexia resulting from a disability;

(4)

Originates before the person attains 22 years of age;

(5)

Has continued or can be expected to continue indefinitely;

(6)

Constitutes a substantial impairment to the person's ability to function without appropriate support services, including, but not limited to, planned recreational activities, medical services such as physical therapy and speech therapy, and sheltered employment or job training.

Dickey Houses Historic District means an area of land with its appurtenances and buildings established by Ordinance H-531 for the purpose of preservation, and/or tourism that may be regarded as a single premise for the purpose of signage allowed in such districts.

Directory sign means a sign located in a complex that lists tenants and corresponding addresses located within the complex.

Disposal means a discharge, deposit, injection, dumping, spilling, leaking, or placing any toxic, hazardous or nuclear waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.

District signage means an allowed sign in one of the specified districts established by local ordinance for the purpose of economic development or historic preservation/tourism; a sign in a TIF district that requires a conditional use permit by the planning commission to function as an on-premises sign or a sign in a local ordinance historic district that requires a certificate of appropriateness by the historic district commission to function as an on-premises sign.

District, zoning, means any section or division of the city for which the regulations governing the use of land, density, bulk, height, and coverage of buildings and other structures are uniform.

Drive-in commercial uses means any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.

Drive-through restaurant menu board means a sign placed adjacent to a designated drive-through lane of a drive-through service establishment.

Donation collection drop-off bin means a publicly accessible bin or container that shall be designated as an accessory structure for the purpose of collecting donations of items such as textiles, shoes, for recycling or resale.

Dwelling means a building or part of a building designed for occupancy by one family for residential purposes as a single housekeeping unit. The term "dwelling" also includes recreational vehicles (RVs).

Dwelling, attached, means a dwelling having all or any portion of not more than one wall in common with an adjoining dwelling.

Dwelling, detached, means a dwelling having open space on all sides.

Dwelling, multiple-family, means a dwelling designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or motels.

Dwelling, single-family, means a dwelling designed to be occupied by one family.

Dwelling, townhouse or row house, means two or more dwelling units attached at the side, each unit of which has a separate outdoor entrance and is designed to be occupied and owned by one family.

Dwelling, two-family, means a dwelling designed to be occupied by two families living independently of each other.

Dwelling unit means a room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping, and cooking.

Dwelling, zero lot line, means a single detached dwelling unit that is constructed on a side property line of said lot; such that the wall located on the side property line should be "blank" with no openings of any type allowed.

Electronic sign means a sign using electrical impulses to display a message, picture or design, whether stationary, moving or tracking in character as in an electronic message center (EMC).

Electronics repair means a shop for the repair and/or servicing of televisions, VCRs, radio equipment, CB radios, cellular telephones and other similar electronic equipment employing not more than three persons on premises in O-1 office and quiet business and C-1 general commercial districts and not involving any manufacturing on premises. All work and storage is to be conducted inside the building with no retail sales on premises.

Entertainment district means an area with specific boundaries where entertainment venues and restaurants serving alcohol are located. During hours of operation of the entertainment district as set by the city, alcohol may be consumed in open containers outdoors but subject to all state statutes as well as local ordinances that otherwise apply. The boundaries of an entertainment district is shown on the map attached to the ordinance from which this definition derives and ranges from Stateline Avenue at 5th Street, west to Walnut Street, south on Walnut Street to 3rd Street, then east along 3rd Street to Laurel Street; and, from there south on Laurel Street to Broad Street, then west on Broad Street to Hazel Street and turning south at Hazel Street (Hazel Street curves and merges into Front Street), west on Front Street to the east side of Pine Street, then north along the east side of Pine Street where it merges into State Line Avenue and north from there to the point of beginning at 5th Street.

Evergreen means a plant with foliage that remains green year-around.

Family means one or more persons related by blood or marriage, including adopted children, or a group of not to exceed four persons not all related by blood or marriage, occupying premises and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family may include domestic servants employed by said family.

Family care facility means a facility which provides resident service in a family-like environment to not more than 12 individuals under the supervision of no fewer than two onsite personnel at all times. These individuals require a minimum level of supervision and are provided service and supervision in accordance with their individual needs. All medical and counseling services must be provided off site.

Family venues means an area used for occasions where a variety of generally outdoor gatherings are held that includes, but is not limited to, family reunions, weddings, and anniversary celebrations, also seasonal commercial rural offerings such as corn maze challenges, pumpkin patch photos, sales, hayrides, and carriage rides.

Federal Emergency Management Agency (FEMA) means the branch of government that responds to natural disasters within the United States.

Federal standards means the National Manufactured Housing Construction and Safety Standards Act of 1974, Title VI, Public Law 93-383 (42 U.S.C. 5401 et seq.). Program standards are found in 24 CFR 3280, as it existed on June 15, 1976.

Fence means a barrier constructed to provide privacy or visual separation between one ownership and another.

Firearm means any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form or combustion, but excluding a BB gun, scuba gun, stud or nail gun used in the construction industry, or pop gun or toy gun.

Firearms dealer means any person engaged in the sale, lease, trade, or other transfer of firearms or ammunition at wholesale or retail. The term "firearms dealer" does not include any person engaged only in the business of repairing firearms.

Firearms sales or firearms business means an establishment having at least 25 percent of its gross floor area used for the sale of firearms, ammunition and ammunition components, and hunting or shooting equipment.

Floodplain ordinance means Ordinance No. K-226, known as the floodplain ordinance of the city.

Floor area means the sum of the gross horizontal areas of all of the floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings.

Food trailers means a type of mobile food vehicle which is designed to be towed on public roads equipped with enclosed, self-contained, facilities for cooking, preparing, and selling prepared food and/or beverages.

Food trucks means a type of mobile food vehicle which is motorized, and operationally self-contained equipped with enclosed facilities for cooking, preparing, and selling prepared food and/or beverages and does not include ice cream trucks or other types of food delivery trucks operating under a hawker's license selling door to door.

Freestanding sign means a permanently attached sign supported upon the ground by poles or braces and not attached to any building.

Garage, private, means an accessory building or a part of a main building used for storage purposes only for automobiles, used solely by the occupants and their guests of the building to which it is accessory.

Garage, public or repair, means a building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

Gasoline or service station means any building, structure, or land used primarily for the dispensing and sale of fuels, oils, accessories, or minor maintenance and repair services but not including painting, body work or major repairs (refer to section 50-162).

General pushcarts means a wagon-type, non-motorized vending vehicle subject to sections 14-89 through 14-92, otherwise known as a hawker's license.

Generator means any person, business, entity or group whose act or process produces hazardous, toxic, and/or nuclear waste as defined herein or as defined under EPA regulations.

Grass means any of numerous grass species that will attain a thick green cover of turf over the available soil area.

Ground cover means natural mulch or plants of species, which normally reach a height of less than three feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.

Group care facility means a facility provided shelter, counseling and other rehabilitative services to not more 12 individuals. The individuals require some level of supervision or care. The facility shall be licensed and/or approved by the state. No medical or nursing care shall take place on site except as licensed and/or approved by the state. Staff or supervisory personnel requirements for its site shall be at the levels and/or rations required by licensing and/or approval of the state.

Group home means a facility that does not fall within another defined facility category within this section and which provides housing in a family-like environment to not more than 12 persons covered under the Americans with Disabilities Act.

Hazardous waste means any solid, liquid, semisolid, or gaseous waste, whether alone or in combination, whether used, reused or reclaimed, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality, or an increase in serious irreversible, or incapacitating reversible, illness, or which may pose a substantial present or potential hazard to human breath or the environment.

Health club and/or fitness center means a private commercial establishment that provides facilities for exercise activities, such as running, jogging, aerobics, weightlifting, court sports and swimming as well as locker rooms, showers, massage rooms, saunas, and related accessory uses. The term "health club and/or fitness center" includes medical spas, Cross-Fit gyms, beauty day spas, martial arts studios, etc.

Height (of a sign) means the vertical distance measured from the highest point of the sign, including decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. Compare Clearance.

Home center means a facility which retails appliances, fixtures, building materials and other similar items for the maintenance and improvement of residential structures.

Home occupation means any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, which is conducted entirely within the main building, and which meets all other applicable standards as described in section 50-157.

Hospital means an institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.

Hotel means a building or part thereof occupied as a more or less temporary abiding place for individuals in which the rooms are usually occupied singularly for hire and in which rooms no provisions for cooking is made, and in which building there is usually a kitchen and public dining room for the accommodation of the occupants and guests. The term "hotel" does not include an auto or trailer court or camp, sanitarium, hospital asylum, orphanage, or building where persons are housed under restraint.

Ice cream trucks means a traditional type of motorized vehicle operating for the sole purpose of selling ice cream, frozen dessert-type snacks, snow cones and popsicles; not to include sales of any other food types or products, subject to sections 14-89 through 14-92, otherwise known as a hawker's license.

Junk means scrap and old iron, steel, chain, brass, copper, magnesium, aluminum, tin, lead or other base metals, scrap lumber and any dilapidated vehicles, engines or machinery received, stored or held for 30 days, and all articles discarded or no longer used for the manufactured purpose, consisting of any one or more of the materials or articles mentioned in this definition.

Junkyard means the premises on which a junk dealer is engaged in the business of buying, selling, bartering, exchanging or collecting, receiving, storing or holding in possession for sale, barter or exchange any of the things in and by this section defined as junk (refer to section 50-149).

Kennel means an enterprise where the business of grooming or boarding dogs, or breeding dogs for sale, and selling such dogs, is carried on, and which does not in its usual course of business acquire dogs for resale to the public (refer to section 50-147).

Kindergarten, preschool, or day nursery school means a school-based program which provides daytime care and instruction for two or more children from two to six years of age inclusive, and operates on a regular basis for children prior to their entry into the first grade.

Lake recreation means a variety of recreational activities such as fishing, paddle boats, water skiing, tubing, etc.

Landscaping means plant material, including, but not limited to, grass, trees, shrubs, flowers, vines, and other ground cover, natural land forms, planters, walks, and plaza areas.

Landscaping business, lawn maintenance or tree service means a business that provides for control, growth, management, and beautification of plant material.

Livestock market means an enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment, or other means.

Loft apartment means one or more dwelling units located on the upper floors of a building utilized principally for commercial or office purposes as reflected in section 50-60.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory building, and the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street.

Lot area means the total horizontal area included within the lot.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot, double frontage, means a lot which is an interior lot extending from one street to another and abutting a street on two ends.

Lot, interior, means any lot which is not a corner lot.

Lot lines means the lines bounding a lot as defined herein.

Lot line, front, means, in the case of an interior lot, the line separating said lot from that street which is designed as the front street in the request for a building permit.

Lot line, rear, means the lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line.

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

Lot of record means a lot or parcel of land, the deed to which has been recorded in the office of the county recorder prior to the adoption of this chapter.

Lot width means the width of a lot measured at the front building setback line.

Manufactured home means a dwelling unit constructed in a factory in accordance with the federal standards and meeting the definitions set forth in the federal standards under A.C.A. § 20-25-102.

Manufactured home subdivision means an area designed and platted for the permanent parking of manufactured homes in a predetermined arrangement with parking spaces available for lease or sale to manufactured home owners. The facility must provide water, sewer, and electric utilities and streets and may provide playgrounds and public use areas.

Medical marijuana means products consisting of or derived from the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, or other portions or mixtures thereof from the marijuana plant to treat qualified medical conditions.

Medical marijuana commission (MMC) means the state commission entrusted with setting rules to govern use of medical marijuana.

Medical marijuana cultivation facility means an entity that has been licensed by the state medical marijuana commission that cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary or other cultivation center and is not open to the public.

Medical marijuana dispensary means an entity that has been licensed by the state medical marijuana commission for the purpose of dispensing legally produced medical marijuana as defined by state regulations and provides products to the public who have qualifying credentials issued by the state following a physician referral.

Medical marijuana signage means advertising by means of signage for a medical marijuana facility or medical marijuana product.

Memory care center means independent- and assisted-living communities which include specialized areas dedicated to caring for patients needing memory care for dementia, Alzheimer's or other cognitive impairments. Usually services and amenities are on site, with group activities and events included.

Micro-business category designation means a designation by means of a conditional use permit that applies to one of the following: a small commercial operation that is limited to one or two personnel on-site at any time to conduct business such as a kiosk, one-day photo processing, one product type of business, etc.; or unmanned businesses such as remote banking, newsstands, ice machines, etc., that can operate as a drive-up or drive-through business only.

Miniwarehouse storage facility includes one or more permanent structures, meeting applicable city building requirements, which contain separate storage units or cubicles that are intended to be leased by members of the public. On commercially zoned lands, not more than ten percent of such structure or structures may be leased to a single lessee, unless specific permission is first obtained from the board of adjustment. Furthermore, the active utilization of any storage space or cubicle within a miniwarehouse storage area for a retail or wholesale business operation on such site is expressly prohibited.

Mobile food vendor means a person or entity holding a mobile food vendor permit in accordance with regulations stated in chapter 14, article III.

Mobile food vendor permit means a permit issued to a mobile food vendor pursuant to chapter 14, article III.

Mobile home means a dwelling unit constructed in a factory before the enactment of the federal standards.

Mobile home (preregulation, June 15, 1976) means a dwelling unit constructed in a factory before the enactment of the federal standards. This unit type is also recognized as having been constructed prior to the adoption of the National Manufactured Home Construction and Safety Standards on June 15, 1976. This unit type is required to be placed on foundation supports with anchorage complying with the manufacturer's and city's building codes. This structural type is expressly prohibited whether for permanent or temporary occupancy in all zoning districts except in nonconforming mobile home parks and RM zoned mobile home parks and mobile home subdivisions.

Mobile home park means a unified development of two or more mobile home sites, plots, or stands arranged on a large tract usually under single ownership, meeting the area and yard requirements of the zoning ordinance, and designed to accommodate preregulation mobile homes (constructed prior to June 15, 1976) for more or less permanent duration. Mobile home parks may include travel trailer accommodations, provided that no more than 25 percent of the mobile home park is used for this purpose.

Modular home means a structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term "modular home" includes the plumbing, heating, air-conditioning, and electrical systems contained within the structure. The term "modular home" does not include a "mobile home" or "manufactured home" as defined in this section and chapter 26.

Monument sign means a visually prominent, freestanding, low profile self-supporting sign, supported by columns and a base, which is placed on or at ground level, and not attached to any building wall, fence or other structure which identifies a single- or multiple-tenant building development. The permanent, nonmovable monument sign is placed on a solid base that extends a minimum of one foot above the ground and extends at least 75 percent of the length and width of the sign. The above ground portion of the base is considered part of the total allowable height of a monument sign.

Motel means a motel or motor court is a business comprised of a building or group of buildings so arranged as to furnish overnight accommodations for transient guests.

Multitenant building means a building or complex of buildings containing two or more businesses utilizing common facilities for vehicular access, parking, landscaping, etc., such as shopping centers and office buildings.

Multitenant signage means signs located on a multitenant building or on the property thereof, including pole/monument signs, building signs, and temporary signs.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of this chapter which does not conform with the use or area regulations of the district within which it is located.

Nuclear waste means any spent nuclear fuel, whether low level, intermediate level, or high level or any radioactive waste. The term "nuclear waste" includes, but is not limited to, medical waste contaminated by any use of radiation, mining material contaminate by use of radiation, any waste from fusion processing, uranium mill failings, or any waste from uranium 235 or plutonium 239.

Nursery school means an instructional facility for preschool children.

Nursing home means any premises where more than three persons are lodged and furnished with meals and nursing care.

Off-premises sign means a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located, (e.g., billboards or outdoor advertising signs), provided the billboard meets all city requirements and complies with all state and federal regulations governing billboard size and location.

Open space means an unoccupied space open to the sky on the same lot with the building and occupied by no structure or portion of structure whatever.

Original City Historic District means an area of land with its appurtenances and buildings established by Ordinance No. L-289 for the purpose of preservation, and/or tourism that may be regarded as a single premises for the purpose of signage allowed in such districts.

Orr School Historic District means an area of land with its appurtenances and buildings established by Ordinance No. H-523 for the purpose of preservation, and/or tourism that may be regarded as a single premises for the purpose of signage allowed in such districts.

Parking lot means an off-street facility including parking spaces and drives and aisles for maneuvering, and providing access and for entrance and exit, developed in a way to accommodate the parking of automobiles.

Parking space means an off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet exclusive of passageways and driveways, and having direct access to a street or alley. It shall measure not less than nine feet by 20 feet.

Part-time care means child care provided no longer than four hours per day or not to exceed a maximum of 20 hours per week. These types of programs may include, but are not limited to, half-day kindergarten, mother's day out programs, play schools, and some nursery schools.

Permanent perimeter enclosure means a structural system completely enclosing the space between the floor joists of the manufactured home and the ground.

Pet cemetery means land, together with any structures, facilities, or buildings for use for the individual interment, above or below ground, of pet remains, but not to include private residential property for personal pet interment.

Pet grooming means an establishment where, for a fee, domestic animals are bathed, clipped, or combed or brushed for the purpose of enhancing their aesthetic value or health, and where all such activity occurs wholly enclosed in a building. For purposes of this definition, the term "domestic animals" shall include dogs and cats only.

Poster panel means a type of billboard containing up to 300 square feet of sign area.

Primary entrance means the entrance through which most people enter or exit a building.

Principal use means the specific primary purpose for which land, building, or structure is used or intended to be used.

Processor means any person, business, entity or group whose act or process involves the treatment method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste or as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, useful for fuel purposes or reduced in volume. The term "processor" includes any activity or processing designed to change the physical form or chemical composition of hazardous, toxic or nuclear waste so as to render it nonhazardous.

Proprietor dwelling unit means a single-family dwelling unit clearly incidental to the primary commercial use and in all instances shall be located within the principal commercial structure. The proprietor dwelling unit shall not occupy more than 50 percent of the total area occupied by the combined square footage of the commercial use and proprietor's dwelling unit. The proprietor (owner) or manager of the commercial use shall occupy the proprietor's dwelling unit.

Public utility means any person, firm, corporation, municipal department, or board, duly authorized to furnish and furnishing under regulations to the public, electricity, gas, telephone, television cable, telegraph, transportation, drainage, water, or sanitary sewage.

Quality Hill Historic District means an area of land with its appurtenances and buildings established by Ordinance No. L-300 for the purpose of preservation, and/or tourism that may be regarded as a single premises for the purpose of signage allowed in such districts.

Reader board sign, electronic changeable copy means a permanent sign on which copy can be changed electronically by using patterns of lights that may be changed at intervals not exceeding one change in copy or display, or intensity or color of lighting in any 60 second period.

Recreational vehicle (RV) means any vehicular-type unit on a single chassis that is designed and/or used for living or sleeping and/or recreational purposes and propelled or towed by another vehicle and located at a site for 180 consecutive days or longer. Recreational vehicles include motorized homes, travel trailers, and camping trailers not meeting the specifications required for a manufactured home or mobile home.

Retail pet store means any room or group of rooms wherein any animal is sold or kept, displayed, or offered for sale, to the public. (It excludes kennels and duly authorized animal shelters, animal welfare centers, and humane societies.)

Retirement clusters means a mix of housing options for the senior population. Housing options within a retirement cluster may contain one or more of the following:

(1)

Age-restricted apartments;

(2)

Houses, condominiums, townhomes, duplexes, triplexes or fourplexes marketed primarily to people 55 years old and older, typically containing features such as reduced square footage, a single-story living area and minimal years;

(3)

Memory care centers; and

(4)

Skilled nursing centers.

A retirement cluster may also include a continuing care retirement community (CCRD) model that offers a variety of housing options allowing a senior to transition between housing with different levels of care as the senior requires more assistance.

Riding academy means a school where horsemanship is taught.

Satellite television receiving dishes, ground-mounted, means a device commonly parabolic in shape, mounted at a fixed point on the ground for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna. Said devices are herein defined as accessory uses.

School means a facility or building operated by a public, private, or parochial organization for the purpose of education. (For the purposes of a medical marijuana facility, location applies only to childhood education and does not include colleges or universities or dormitories, or residential home school for any age.)

Secondary dwelling unit means a detached, independent, and complete dwelling unit that is located on the same tract of land as the primary single-family dwelling unit.

Service station. See Gasoline service station.

Setback means the distance between the lot line and the building line.

Shingle sign means a sign which is suspended by chains or hooks and is generally placed under eaves and over walkways.

Single-tenant site means a development that is not a complex.

Site means any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.

Skilled nursing center means designed for individuals who require full-time care or assistance with most, if not all, activities of daily living. Skilled nursing communities are licensed and offer medical care by trained medical staff, such as a registered nurse or therapist, 24 hours a day. They may also include rehabilitation services, memory-support services and other types of specialized care. They are typically Medicare/Medicaid-certified and monthly fees include meals, personal assistance and most medical services (except for medications).

Shooting range, indoor, means a facility designed or used for shooting at targets with bows and arrows, rifles, pistols, or shotguns and which is completely enclosed within a building or structure for the purposes of target practice or temporary competitions.

Shooting range, outdoor, means the use of land for archery and/or the discharging of firearms (rifles, pistols, or shotguns) for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as turkey shoots.

Sign means any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any letter, work, model banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of an announcement, direction, advertisement, or other attention directing device. The term "sign" does not include a similar structure or device located within a building except for illuminated signs within show windows. The term "sign" includes any billboard, but does not include the flag, pennant, or insignia of any state, city, or other political unit, or any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.

Sign, area of, means that area enclosed by one continuous line connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign, are to be included in determining sign area.

Small animal clinic or veterinarian office means a facility that provides veterinarian medical treatment, surgeries, vaccinations, and other services such as boarding, for small animals with no pens, stables, kennels, or any such holding areas other than those located entirely indoors as part of the clinic.

Smith Burke Historic District means an area of land with its appurtenances and buildings established by Ordinance No. L-362 for the purpose of preservation and/or tourism that may be regarded as a single premises for the purpose of signage allowed in such districts.

Special use permit means a permit issued by the planning commission which allows specific uses as noted in article III of this chapter and may impose special conditions regarding use of the property. Special use permits shall not be transferable in any manner. Permits cannot be passed from owner to owner, location to location or use to use. Special use permits approved by the commission must be initiated within one year of the date of approval, unless an extension of time is granted by the commission. Otherwise, the commission's approval of the special use permit shall be considered void.

Stable (public) means a business that boards horses for a fee and/or provides horses for riding for recreational purposes.

Storage means the containment of hazardous, toxic and/or nuclear waste, either temporary or for a number of months or years, in such a way as to not constitute disposal.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is not floor above it, the space between the floor and ceiling next above it. A half story is a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of each story.

Street means any public or private thoroughfare which affords the principal means of access to abutting property.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change is the roof or in the exterior walls.

Structure means a combination of material to form a construction that is safe and stable, including among others, buildings, stadiums, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, wharves, sheds, shelters, fences and display signs. The term "structure" shall be construed as if followed by the words "or part thereof."

Tent revival means a gathering of religious-based worshipers in a tent erected specifically for revival meetings. Tent revivals have had both local and national ministries.

Toxic waste means any solid, liquid, semisolid, or gaseous waste, whether alone or in combination, whether used, reused or reclaimed, which exists of harmful substances or agents that may be injurious or hazardous to human health or the environment.

Transportee means any person, business, entity or group engaged in the transportation of hazardous, toxic and/or nuclear waste by air, rail, highway or water.

Wall sign means any sign attached to or erected against the wall of a building or structure or attached to or erected against a roof which does not vary more than 20 degrees from vertical, with the exposed face of the sign in a plane parallel to the plane of the wall or roof and which does not project more than 18 inches from the wall or roof.

Whitmarsh House Historic District means an area of land with its appurtenances and buildings established by Ordinance H-573 for the purpose of preservation and/or tourism that may be regarded as a single premise for the purpose of signage allowed in such districts.

Wrecker service means a stand-alone business enterprise from which wrecker vehicles are dispatched and may or may not include the temporary storage of inoperable or wrecked vehicles.

Yard means an open space on the same lot with a building unobstructed from the ground upward and measured as the minimum horizontal distance between the lot line and the main building.

Yard, front, means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street right-of-way line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear, means a yard extending across the rear of the lot between the side lot lines and measured between the rear lot line in the rear of the main building or any projection other than steps, unenclosed porches, or entranceways.

Yard, side, means a yard between the main building and the side of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof.

Zoning lot means a parcel of land that is designated by its owner or authorized agent as a tract, all of which is to be used, developed, or built upon as a unit under a single ownership. When determining the front, rear and side yard setbacks for a zoning lot, the required distance shall be measured from the exterior boundaries of said zoning lot. For purposes of obtaining a building permit, a zoning lot must be reflective of one of the following:

(1)

Where the property consists of one or more entire lots in one or more recorded plats, the zoning lot shall be shown by a map of said lot or lots;

(2)

Where the zoning lot consists of one or more portions of a lot or lots in one or more recorded plats, a combination of portions of lots or entire lots in one or more recorded plats, together with unplatted land, or a portion of less than five acres of an unplatted parcel, then the zoning lot shall be shown as a single, entire lot in a new, recorded plat that has been approved by the director of the public works department or his designated agent when authorized or the city planner;

(3)

Where the zoning lot consists entirely of one unplatted parcel containing five acres or more, the zoning lot shall be shown by a survey made by a person authorized to make land surveys in the state;

(4)

Where the zoning lot consists of a portion of one or more unplatted parcels and contains less than five acres, the zoning lot shall be shown as a single entire lot in a new recorded plat that has been approved by the director of the public works department or his designated agent when authorized or the city planner.

ZONING LOT CHART

Notes:

* Map or drawing to be prepared by the owner/developer.

** The director of public works (or designated agent when authorized) or city planner shall, in writing, administratively approve, conditionally approve, or disapprove the proposed subdivision plat (replat) within ten working days of submission. If approved, and after all conditions listed in (a) through (g) below have been met, the public works director or city planner shall sign at least six paper prints to be filed with the county circuit clerk. Two copies shall be maintained by the circuit clerk, one by the planning department and the remainder returned to the applicant.

(a) Access exists to the site and no new street construction is required;

(b) Municipal water and sewer service exists adjacent to the site and no municipal extensions are required;

(c) No vacation of streets, alley, setback lines, access control or easements are required or proposed;

(d) Such action will not result in any significant increases in public service requirements, nor will interfere with maintaining existing public service levels;

(e) There is adequate street right-of-way as required by the subdivision regulations and the master street plan;

(f) All utility and/or drainage easement requirements have been satisfied; and

(g) No substandard/nonconforming sized zoning lots or parcel shall be created.

***To be prepared by a person authorized to make land surveys in the state.

(Code 1983, § 28-142; Ord. No. K-286, § 1(art. XI, § 2), 11-21-1988; Ord. No. K-342, § 2, 3-19-1990; Ord. No. K-390, § 2, 7-15-1991; Ord. No. K-471, § 2, 2-7-1994; Ord. No. K-646, § 2, 10-20-1997; Ord. No. K-649, §§ 3, 4, 12-15-1997; Ord. No. K-703, § 3, 3-1-1999; Ord. No. L-50, § 2, 4-16-2001; Ord. No. L-51, § 1, 5-7-2001; Ord. No. L-61, § 7, 8-6-2001; Ord. No. L-133, 6-2-2003; Ord. No. L-200, §§ 25, 26, 1-3-2005; Ord. No. L-216, §§ 1, 2, 6-6-2005; Ord. No. L-309, § 1, 1-22-2008; Ord. No. M-13, 10-18-2010; Ord. No. M-30, § 1(att.), 9-6-2011; Ord. No. M-62, 9-4-2012; Ord. No. M-90, § 3, 10-21-2013; Ord. No. M-119, 5-18-2015; Ord. No. M-129, § I, 1-4-2016; Ord. No. M-131, § I, 2-1-2016; Ord. No. M-137, § I, 4-4-2016; Ord. No. 23-2017, 7-17-2017; Ord. No. 7-2019, § 2, 3-4-2019; Ord. No. 20-2019, 9-16-2019; Ord. No. 23-2019, 10-21-2019; Ord. No. 27-2021, §§ 5, 6, 9-7-2021; Ord. No. 33-2024, § 1, 12-16-2024; Ord. No. 34-2024, § 1, 12-16-2024)