For the purposes of this appendix, certain words and terms are defined as herein indicated and shall apply to all parts of this appendix. Unless specifically defined herein, words or phrases used in this appendix shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this appendix its most reasonable application. All words used or defined in one tense or form shall include other tenses and derivative forms; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise; the words "used for" shall include the meaning "designed for"; and the word "structure" shall include the word "building"; the word "lot" shall include the words "plot" and "tract"; and the word "shall" is mandatory and the word "may" is permissive. The word "person" includes an individual, firm, association, organization, partnership, trust, company or corporation.

(Ord. No. 2023-004-PZ, 4-25-23)

The building official is authorized to make a final determination of the meaning of any term used in this appendix. In the case of any dispute, an appeal of the building official's determination may be filed with the board of zoning adjustment.

(Ord. No. 2023-004-PZ, 4-25-23)

Abut, adjacent, adjoin or contiguous means to physically touch or border upon or to share a common border with or be separated from the common border by an easement, right-of-way, railroad, or body of water.

Access means a way or means of approach to provide physical entrance to a property.

Accessory building means a subordinate building detached from a principal building on the same lot and that is used incidentally to the principal building.

Accessory structure means an improvement detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. All buildings are structures, but all structures are not buildings.

Accessory use means a use which is normally incidental, subordinate to and related exclusively to the principal use of the premises.

Acre means a measure of land containing 43,560 square feet of area.

ADA means Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq.

Adult establishments:

A.

Adult entertainment establishment means an enclosed building used for adult entertainment, amusement, or recreational facility, adult mini-motion picture theater, adult motion picture theater or any combination thereof; or a nightclub, bar, or restaurant or similar establishment which features live performances by topless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas" for observation of patrons.

B.

Adult retail establishment means an enclosed building having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, cassette or video tapes and films, computer games, digital video discs, or any other medium which are distinguished or characterized by their emphasis on matter depicting describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section, or an establishment which sells or displays other adult oriented materials or merchandise or sexual aids, or an establishment with a segment or section devoted to the sale or display of such materials or merchandise.

C.

Adult theater means an enclosed building used for presenting motion pictures, films, digital presentations, theatrical productions or material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section, for observation by patrons. Such establishment may also include the sale and/or rental of books, magazines, video cassettes, video games and digital video discs and other forms of visual productions, for any form of consideration.

D.

Adult amusement facility means any establishment, business, operation or premises wherein there is located one or more devices which depict specified sexual activities or the exposure of specified anatomical areas or legal devices which may be used for gambling, including but not limited to gaming tables, roulette wheels, dice, slot machines, video poker machines, video lottery terminals, mechanical or electronic devices or machines which dispense or otherwise reward a person with money, property, gift certificate, check, or any thing of value other than the right to replay such device.

E.

Massage parlor means an enclosed building used for the primary purpose of providing body rubdowns, back rubs, baths and massages wherein staff of said establishment may provide the foregoing services to patrons.

F.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic regions, buttocks, and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

G.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Airport means a place where aircraft can land and take off. Such use may include terminals, hangers, refueling and repair facilities.

Alley means a public or private service way providing a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration, general means any addition to the height, width, or depth of a building or structure or any change in the location of any of the exterior walls of a structure; any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, or of any interior partitions, as well as any change in the location of doors or windows.

Alteration, substantial means a building or structure shall be classified as substantially altered when it is repaired, renovated, remodeled, improved, expanded, or rebuilt at a cost in excess of 50 percent of its value prior to the commencement of such work, or of its value prior to any damage sustained to said building or structure making the work necessary.

Animal hospital means a place where small household pets are given medical or surgical treatment and short-term boarding of pets within an enclosed building may be provided.

Animal shelter means a nonprofit or public organization providing shelter for small domestic animals.

Apartment means a residential building designed or used for three or more dwelling units.

Appeal (administrative review) means a request for a review by the board of zoning adjustment of a decision made by the building official and/or zoning administrator where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this appendix.

Assisted living facility means a licensed facility in which room, board, meals, laundry, and assistance with personal care and other nonmedical services are provided for ambulatory adults. This kind of care implies sheltered protection and a supervised environment for persons who, because of age or disabilities, are incapable of living independently in their own homes or in a commercial room and board situation, yet who do not require the medical and nursing services provided by a nursing home. In these facilities there may be available, incidentally, some type of limited medical attention. Also known as domiciliary care facility.

Awning means a shelter supported entirely from the exterior wall of a building.

Bakery (major) means an establishment which bakes goods primarily for wholesale and/or retail markets which may include storage and distribution facilities.

Bakery (minor) means an establishment which bakes goods for on-premises retail sale.

Bank or financial service means a business engaged in providing banking or financial services to the general public, such as a bank, savings and loan association, credit union, finance company, mortgage company, investment company, stock broker, personal financial planner, or similar businesses.

Basement means a portion of a building located wholly or partially underground, having no more than seven feet above grade as defined in this appendix for more than 50 percent of the total perimeter, nor more than 12 feet above grade as defined herein at any point. If the floor-to-ceiling height exceeds the criteria set out above, the basement shall be considered a story in computing the building height.

Bed and breakfast inn means a dwelling or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises.

Berm means a grass-covered or landscaped mound of earth with a slope of one-third or greater on both sides of the mound used to screen activities or uses.

Block means a tract or parcel of land entirely surrounded by public streets other than alleys.

Boarding or rooming house means a facility consisting of not more than one dwelling unit occupied by a resident family or staff which manages the facility together with one or more rooms that are intended to be rented to long-term residents (at least a month-to-month basis), as distinguished from rooms in a bed and breakfast inn, hotel or motel which are intended to be rented on a short-term basis (daily or weekly) to transient guests. Each room does not constitute a separate dwelling unit.

Buffer means a strip of land that is retained for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, reducing the effects of adjacent lighting, restricting passage, and enhancing the natural environment, thereby providing for a compatible mix of otherwise conflicting uses. Buffers may consist of existing or planted trees, shrubs or vegetation, fences, walls or earth berms. See article VII, section 7.0.

Building means a structure designed to be used as a place of occupancy, storage, or shelter.

Building (accessory) means a subordinate building detached from a principal building on the same lot and that is used incidentally to the principal building.

Building area means the portion of the lot occupied by the main building, including attached porches, portecocheres, garages, or carports, plus accessory buildings and other structures.

Building area, percentage means the numerical value obtained by dividing the gross floor area of a building or buildings plus any accessory structures by the area of the lot on which the building or buildings and accessory structures are constructed.

Building face means the wall or walls of a building. Each building face shall include the area from exterior plane to exterior plane, and any offsets shall not be considered a separate face.

Building height means the vertical distance above the average elevation of the finished grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.

Building line means a line showing the nearest distance to the property line or lines that is permissible to build a structure either in compliance with this appendix or in following a plat, deed, or private contract or covenant. The outermost projection of the extreme overall dimensions of a building as staked on the ground, including all area covered by any horizontal projection or any vertical projection to the ground of overhang of walls, or of the roof or any other part of a structure which is nearest to the property line, except that open steps, terraces, and patios may be excluded.

Building (main) means the principal building on a lot, including any attached porch, porte-cochere, garage, or carport, in which the principal use of the site is conducted.

Building (mobile or pre-manufactured) means a building transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without a permanent foundation.

Building official means the head of the engineering and inspections department of the city or his designee, which may include a building inspector.

Building separation or spacing means the minimum distance between buildings measured from the outermost projection.

Building (temporary) means a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, construction projects, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

Campground means a group of ten or more buildings or structures on a site of ten or more acres for seasonal recreational or vacation uses, including tent campsites, travel trailer or recreational vehicle sites, vacation cottages, recreational facilities, eating facilities to include picnic tables and/or outdoor grills, pavilions, bathroom facilities, and may also include a facility which provides for the sale of personal items and gifts.

Canopy means a roofed structure supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows, and other openings or a protective shield for sidewalks or fuel pumps.

Carport means a roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.

Car wash means a commercial establishment engaged in washing or cleaning of automobiles and light vehicles. Such facility may be automated or employ the services of individuals to perform such services manually or may be a self-service, coin-operated facility.

Cemetery means human burial grounds.

Cemetery (pet) means burial grounds for small domestic animals.

Cluster dwelling means dwelling units detached or attached, each unit of which has a separate entrance, and is designed to be owned and occupied by one family.

Community center or civic center means a building, structure, or other facility used for and providing social and/or recreational programs and activities or entertainment, generally open to the public and designed to accommodate and serve significant segments of the community.

Competitive race facility means any course, facility, or track, paved or unpaved, upon which racing or timed events are conducted with motor vehicles with at least two wheels and operating internal combustion engines. The term "go cart" is included as a competitive race facility.

Comprehensive plan means the declaration of purposes, policies and programs for the development of the jurisdiction.

Condominium means a building or a group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis.

Construct shall include build, erect, reconstruction, alteration, moved upon or any physical operations on the premises required for the building, principal structure, sign or accessory use. This definition shall include excavation, earthwork, fill, drainage work, utilities installations and other work as it relates to the construction or use of a building, principal structure, sign or accessory use.

Construction service means a place of business engaged in construction activities and incidental storage, or the wholesaling of building materials such as a building contractor, trade contractor, or wholesale building supply store. A home improvement center which sells at retail is not included in this service.

Convenience store means a retail store that is designed and stocked to sell primarily food, beverages, and other household goods and products to customers who purchase only a relatively few items at a time. Such an establishment may also engage in the sale of vehicle fuel, oil, and accessories.

Corner lot means a lot abutting two or more streets at their intersections. Front yard building set backs shall be observed on all sides abutting streets. See illustration appendix for examples of various types of lots defined herein.

Country club means land and buildings containing recreational facilities and club house for private club members and their guests.

Covenant means a written agreement between two or more parties for the performance of some action. When used in relation to property or real estate, it is generally an agreement executed between the buyer and seller of such real estate, and should be enforced by private landowners, and not the municipality, unless the proposed use violates the zoning ordinance. This term shall also include deed restrictions.

Craft or hobby shop means a commercial establishment which sells or offers for sale materials and/or supplies related to art, flower arranging, ceramics, needlepoint, woodcraft, related books and instructional materials, and similar activities.

Cul-de-sac means a dead-end street terminated by a vehicle turn-around having a minimum right-of-way radius of 50 feet.

Day care center means a licensed facility, other than a residence, providing day care on a regular basis to more than six children, elderly, handicapped or infirm persons.

Day care home means a licensed service operated from a residential dwelling by a resident, providing day care on a regular basis to six or less children, elderly, handicapped or infirm persons.

Density means the minimum required lot area per dwelling unit or the maximum number of dwelling units per acre of site area.

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

Domiciliary care facility means a licensed facility in which room, board, meals, laundry, and assistance with personal care and other nonmedical services are provided for ambulatory adults. This kind of care implies sheltered protection and a supervised environment for persons who, because of age or disabilities, are incapable of living independently in their own homes or in a commercial room and board situation, yet who do not require the medical and nursing services provided by a nursing home. In these facilities there may be available incidentally, some type of limited medical attention. Also known as assisted living facility.

Double fronted lot means an interior lot having right-of-way frontage both at the front and the rear of said lot. Front yard setbacks shall be observed on all sides abutting rights-of-way. Access to the lot is commonly restricted to only one of the right-of-way frontages. See illustration appendix for examples of various types of lots defined herein.

Driveway means a private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.

Duplex means two attached dwelling units.

Dwelling means any building or portion thereof which is designed or used exclusively for residential occupancy.

Dwelling, attached means two or more dwelling units adjoining one another by a common wall, roof, or floor.

Dwelling, detached means a dwelling designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit, such as a single-family residence, manufactured home, modular home, patio home or garden home.

Dwelling, multi-family means a building or portion thereof designed for occupancy by two or more families living independently of each other within the same structure. Multi-family dwellings shall include those in which individual dwelling units are intended to be rented and maintained under central ownership and management; those which are under collective ownership and management including cooperative apartments, condominiums, and the like; rowhouses or townhouses in individual ownership; and all other forms of multi-family dwellings.

Dwelling, single-family means a building designed exclusively for occupancy by one family and having only one dwelling unit from the ground to the roof and having independent outside access.

Dwelling unit means any portion of a building used as a separate above for a family having its own cooking, kitchen, and bathroom facilities.

Easement means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owners(s) of the property. The easement shall be permitted to be for use under, on, or above said lot or lots. Surface drainage easements not within the existing right-of-way are not maintained by the city.

Earthwork means the breaking of ground, except common gardening and ground care.

Equipment rental establishment means a commercial establishment engaged in the rental of a wide variety of tools and equipment including but not limited to backhoes, lawn mowers, garden tillers, cement mixers, chain saws, ladders, etc. Such is usually rented on an hourly, daily or weekly basis for enumeration. All equipment and rental items must be stored entirely within an enclosed building or screened from public view by an opaque fence which is adequate in height to conceal such items from public view and all repairs must be conducted entirely within an enclosed building.

Family means any number of individuals living together as a single housekeeping unit.

Family care home means a group care home serving up to ten individuals, living together as a single housekeeping unit, under the supervision of one or two resident managers. The home serves socially, physically, mentally, or developmentally impaired children or adults in a family-type living arrangement, including child care homes for orphans or abused or neglected children, and handicapped or infirm home for the mentally retarded or mentally ill. (See Code of Ala. 1975, § 11-52-75.1, Regulation as to housing of mentally retarded or mentally ill persons in multi-family zones, as amended.)

Farm means a five-acre or larger tract of land where agricultural and related pursuits may occur.

Farm animal means animals, other than household pets, kept and maintained for commercial production and sale and/or family food production, education, or recreation. Farm animals are identified by these categories: large animals, such as horses and cattle; medium animals, such as sheep and goats; or small animals, such as rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.

Farm support business means a commercial establishment engaged in the sale of farm support goods and services, including the sale of feed, grain, fertilizers, pesticides and similar goods; the provision of warehousing and storage facilities for raw farm products; and the provision of veterinary services to farm animals.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Fence, privacy means as distinguished from a boundary fence, a privacy fence is typically intended to block or screen all or part of a property or use from the view of neighboring properties. The finished side of the fence must face to the outside, or the fence may be double faced.

Firearm means a weapon, including pistols, rifles, and shotguns, capable of firing a projectile using an explosive charge as a propellant.

Firing line or lane means a line parallel to a target from which firearms or arrows are discharged.

Flag lot means a parcel of land which does not have the required minimum lot width at the road frontage, but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the flagpole) are parallel or nearly parallel and shall have a minimum width of 25 feet on the public road. These provisions are intended for tracts with limited road frontage, but having sufficient area for more than one lot. These tracts would be limited in the number of lots having the required minimum width at the building line, but have sufficient width at the building line for the lot at the end of the flagpole. The building setback line on a flag lot shall be measured from the intersection of the flagpole with the main body of the lot. (See illustration appendix for examples of various types of lots defined herein.)

Floor area, gross means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Floor area, livable means the livable area shall be the heated area of the first floor, plus the area of the floor next above or below having a ceiling height of seven and one-half feet; and the area under a sloping roof having a minimum height of five feet and having one-half of the floor area with a ceiling height of at least seven feet six inches. Garage floor area, unfinished basements, decks, porches, patios, terraces, and carport floor area are not included as livable floor area.

Floor area, net means the gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.

Frontage means the width of a lot or parcel abutting a public right-of-way measured at the front property line.

Foundation boundary survey means a survey prepared and certified as to its accuracy by a surveyor who is licensed by, and registered with, the state as a surveyor, which survey shall clearly show the location of the foundation for the building or other structure, decks, porches or any appurtenance to the structure to be constructed on the site; the distance between such foundation and the boundary lines of such lot or parcel; all easements on said parcel; and the slope of the land, with arrows denoting the direction in which water will flow.

Fowl means chickens, turkeys, ducks, geese, quail, guineas, etc.

Funeral home means a commercial establishment engaged in funeral and undertaking services for human burial, cremation, or placement in a mausoleum.

Garage, parking or storage means a building or portion thereof used exclusively for commercially operated parking or storing of motor vehicles on a temporary basis, and within which motor fuels and oils may be sold, but no vehicles are equipped, repaired, hired, or sold.

Garage, private means an accessory building or structure designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, repair means a building or portion thereof, other than a private storage or parking garage, designed or used for equipping, servicing, repairing, hiring, or storing or motor-driven vehicles. Also see Vehicle repair (major) and Vehicle repair (minor).

Garden home means a single-family detached dwelling designed on a small lot with one zero lot line on one side. These dwellings are designed preferably on flat terrain for maximum privacy.

Glare means direct or reflected light which adversely affects visibility or which extends beyond any property line(s) on which the lighting is located, and interferes with the safety or welfare of persons or property lying beyond said property.

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

Greenbelt means a greenbelt shall consist of trees, shrubs, flowering plants, lawn or groundcover the width of which may not be included in the width of any yard which is required for the parcel. Also see Buffer.

Garden center or nursery means retail sale of plants, trees, shrubs, and the like for ornamental purposes conducted from a building, greenhouse, outdoor display area or stand, including incidental sales of items customarily associated with such sales activities (containers, fertilizers, ornaments, mulch, potting soil, small gardening tools, gardening equipment and seeds).

Gross leasable area (GLA) means the total floor area of a commercial building designed for tenant occupancy and exclusive use.

Group care home means a dwelling shared by handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care and education and work toward enabling the resident to live as independently as possible in order that he or she may participate in community activities and, at the same time, work with the resident, the primary goal being for the handicapped person to reach his or her maximum potential. (See Code of Ala. 1975, § 1-52-75.1, regulation as to housing of mentally retarded or mentally ill persons in multi-family zones, as amended.)

Half story means a story situated within a sloping roof, the floor area of which has a minimum ceiling height of five feet above the floor and in which the sloped ceiling does not exceed one-half of the floor area, and the height above at least one-half of floor space is seven feet six inches.

Hazardous uses means all uses which involve the storage, sale, manufacture, processing or handling of materials which are easily ignited and likely to burn with moderate rapidity or cause smoke, including materials and/or chemicals which are highly flammable, explosive, noxious, toxic, or are otherwise inherently dangerous to humans, animals, land, crops, or property.

Heliport means an area used by helicopters which may include passenger and cargo facilities, maintenance and overhaul, fuel service, storage space, tie-down space, hangars and other accessory buildings, and open space.

Hobby farm means a three-acre or larger tract of land used for keeping or maintenance of farm animals as an incidental use to the primary use of the property. (See article VIII, section 4.0.)

Home occupation means a business, profession, occupation, or trade conducted for gain or support, and located entirely within the living area of a dwelling as an incidental activity of the residents of that dwelling and employing only the inhabitants thereof, in which not more than 25 percent of the dwelling is used for said home occupation. Said home occupation shall be clearly incidental and secondary to residential occupancy, shall not involve any public display of goods, shall not create noise, produce odors, vibration, electrical interference, or traffic safety hazards or congestion, nor interfere with the health, safety, morals, convenience, and/or general welfare of the public. Moreover, such activity shall not alter the exterior of the property or affect the residential character of the neighborhood in which it is located. (See article VII, section 5.0.)

Home improvement center means a place of business providing building, appliance, yard and garden materials, tools, and supplies at retail.

Hospital means an establishment which provides health services for the diagnosis, treatment and care of human illness or infirmity and providing health services for inpatient medical or surgical care of the sick or injured, including accessory facilities such as laboratories, pharmacies, outpatient clinics, training facilities, rehabilitation facilities, gift shops, coffee shops, cafeterias, and staff offices.

Hotel or motel means a commercial facility offering transient lodging accommodation on a daily or weekly basis, which may include as an integral part of the facility, such additional services as restaurants, meeting rooms, banquet rooms, gift shops, and recreational facilities.

Industrial or research park means a tract of land developed according to a master site plan for the use of a group of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.

Industrial (manufacturing), general means the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, including the incidental storage, sale and distribution of such products. Said district imposes moderate impact on the surrounding environment by noise or vibration, and may require measures to be taken to control smoke, dust or pollutants.

Industrial (manufacturing), heavy means all other types of manufacturing not included in the definitions of light manufacturing and general manufacturing.

Industrial (manufacturing), light means the manufacture (predominantly from previously prepared materials) of finished products or parts, including processing, fabrication, assembly, treatment, packaging or testing of such products or equipment, including the incidental storage, sale, and distribution of such products, including research activities. Said district imposes negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.

Inoperative motor vehicle means a motor vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.

Institutions means the structure or land occupied by a group, cooperative, board, agency, or organization created for the purpose of the following nature including but not limited to hospitals, schools, churches, fraternal orders, and orphanages.

Junk means old, used, dilapidated, scrap or abandoned metal, paper, building material and/or equipment, bottles, glass, appliances, furniture, tools, implements or portions thereof, machinery or motor vehicles or parts thereof, plastic, cordage or any other items, material or waste that has been abandoned from its original use, and may or may not be used again in its present or in some other form.

Junk yard or salvage yard means a lot, land or structure, or part thereof, used primarily for either the collecting, storing or sale of waste paper, rags, scrap metal or discarded material or for either the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof. The presence on any lot or parcel of land of two or more motor vehicles which, for a period exceeding 30 days, have not been capable of operating under their own power, and from which parts have been or are intended to be removed for reuse or sale, shall constitute prima facie evidence of a junk or salvage yard.

Jurisdiction means as used in this appendix, jurisdiction is the corporate limits of the political subdivision known as the City of Trussville which adopts this appendix for administrative regulations within its sphere of authority, and to also include any tracts of land subsequently annexed into the corporate limits.

Kennel means any lot or premises on which four or more dogs or cats over four months of age are kept.

Landscaping means the finishing and adornment of unpaved yard areas. Materials and treatments generally include naturally growing elements such as grass, trees, shrubs and flowers, and may include the use of landscape timbers, rocks, fountains, water features, or contouring of the earth.

Liquor lounge means a licensed establishment engaged in the preparation, sale or serving of liquor for consumption on the premises. This shall include, but not be limited to, the following terms: taverns, bars, cocktail lounges, nightclubs, discotheques or dance halls, and similar uses where liquor consumption is a primary or incidental activity on the premises of the establishment. Such establishments shall not include adult entertainment as defined in this section. Not included in this definition are establishments such as restaurants which sell beer, wine or liquor as an incidental activity on the premises; and establishments which sell liquor, beer or wine in packages for off-premises consumption only, such as a package store, state alcoholic beverage store, convenience store, supermarket, or similar establishment.

Livestock means cows, horses, goats, sheep, swine, and similar animals.

Livable floor area means the area of all floors of a building exclusive of porches, unfinished basements, attics, garages or breezeways.

Loading area means an off-street space or berth used for the loading or unloading of commercial vehicles.

Lot means a parcel of land shown on a recorded plat or a piece of land described by a legally recorded deed, provided however that the deeded land was not transferred in conflict with the city subdivision regulations. (See illustration appendix for examples of various types of lots defined herein.)

Lot area means the area contained within an individual parcel of land shown on a subdivision plat or survey. Lot area excludes any area within an existing or future street right-of-way or any area devoted to common open space.

Lot, corner means a lot abutting on two or more streets at their intersections. Front yard building setbacks shall be observed on all sides abutting streets or rights-of-way. (See illustration appendix for examples of various types of lots defined herein.)

Lot, double frontage means an interior lot having right-of-way frontage both at the front and the rear of said lot. Front yard setbacks shall be observed on all sides abutting rights-of-way. Access to the lot may be restricted to only one of the right-of-way frontages. (See illustration appendix for examples of various types of lots defined herein.)

Lot, flag means a parcel of land which does not have the required minimum lot width at the road frontage, but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the flagpole) are parallel or nearly parallel and shall have a minimum width of 25 feet on the public road. These provisions are intended for tracts with limited road frontage, but having sufficient area for more than one lot. These tracts would be limited in the number of lots having the required minimum width at the building line, but have sufficient width at the building line for the lot at the end of the flag pole. The building setback line on a flag lot shall be measured from the intersection of the flagpole with the main body of the lot. (See illustration appendix for examples of various types of lots defined herein.)

Lot frontage means the lot width measured at the street line. When a lot has more than one street line, the minimum lot width required by this appendix shall be provided at each such line.

Lot, interior means a lot other than a corner lot. (See illustration appendix for examples of various types of lots defined herein.)

Lot, irregular means a lot whose opposing property lines are generally not parallel or a lot that follows certain topographical features. (See illustration appendix for examples of various types of lots defined herein.)

Lot line means each line bounding a lot which divides one lot from another or from a street or from any public or private place.

Lot line, front means the lot line the principal structure parallels or faces shall be considered the front. In cases where structures face two or more streets, the owner shall specify which shall be considered the front at the time the structure is permitted. Notwithstanding the above, structures shall observe front setback lines on all sides of the lot having street frontage as measured from the outermost front wall or from any appurtenance thereto to the nearest point on the property line. (See illustration on lot lines/setback lines following this appendix.)

Lot line, rear means that lot line which is parallel to and/or most distant from the front lot line. In the case of an irregular or triangular lot, the rear lot line shall be considered a line parallel to or closely parallel to the rear of the structure or a line running diagonally behind the rear of the structure. Notwithstanding the above, structures must be situated upon the lot in such a manner so as to provide the required rear set back from the outermost rear wall of the structure or from any appurtenance thereto to the nearest point on the property line. (See illustration on lot lines/setback lines following this appendix.)

Lot line, side means any lot line other than a front lot line or a rear lot line. Structures shall be situated upon a lot in such a manner so as to provide the required side set back from the outermost side wall of the structure or from any appurtenance thereto to the nearest point on the property line. (See illustration on lot lines/setback lines following this appendix.)

Lot of record means a lot that is a part of a subdivision, the map or plat of which has been recorded in the office of the judge of probate, which at the time of its recording, complied with all applicable laws, ordinances, and regulations.

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

Maintenance service means an establishment providing building and yard maintenance services, such as janitorial services, exterminating services, landscaping services, window cleaning services, office cleaning services and similar uses.

Manufactured home (mobile home) means a structure transportable in one or more sections, which when transported, is eight body feet or more in width or 40 body feet or more in length, or when erected on the site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The structure, if constructed on or after June 15, 1976, meets or exceeds the manufactured home construction and safety standards of the U.S. Department of Housing and Urban Development.

Manufactured home (mobile home) park means a tract of land used or designed to accommodate a manufactured (mobile) home community of multiple spaces for rent or lease. (See article VI, section 33.0.)

Manufactured (mobile) office means a temporary, nonresidential, portable, mobile, or transportable factory-built building or structure, the use of which may be the principal building or as an accessory building to an existing operation on the same lot or tract. Said structures may be allowed upon special approval by the board of zoning adjustment for an individual use for a specified period of time in all zoning districts except residential districts. Temporary construction trailers used during the construction of permanent buildings may be approved by the engineering and inspections department.

Mezzanine means an intermediate or fractional story between the floor and ceiling or a main story occupying not more than one-third of the floor area of such main story.

Mini-warehouse means a structure or group of structures that is partitioned for leasing of individual storage spaces and is exclusively used for the storage of non-volatile, non-toxic and non-explosive materials. The facility shall not be used for retail or wholesale sales operations. However, such facility may be permitted to hold periodic auctions to dispose of unclaimed materials and goods that are stored and not reclaimed by the party or parties signing the lease agreement.

Model home means a dwelling temporarily used as a sales office for a residential development under construction, said home being used for on-site sales and not for general real estate business. This home will revert to a residential use once the development is substantially completed.

Modular home means a dwelling constructed on site in accordance with the Southern Standard Building Code. It is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home is not a manufactured home or mobile home in that the latter is constructed in a plant in accordance with the manufactured home construction and safety standards of the U.S. Department of Housing and Urban Development and does not meet the construction standards of the Southern Standard Building Code.

Motel or hotel means a commercial facility offering transient lodging accommodation on a daily or weekly basis, which may include as an integral part of the facility, such additional services as restaurants, meeting rooms, banquet rooms, gift shops, and recreational facilities.

Motor vehicle means every vehicle which is self-propelled, but not operated upon rails.

Natural waterways/natural drainage area means those areas, varying in width along streams, creeks, springs, gullies, washes, or waterways which are natural drainage channels as determined and identified by the city.

Nonconforming use means a use of any structure or land which though originally lawful does not conform with the provisions of this appendix or any subsequent amendments thereto for the district in which it is located.

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

Nursing home/nursing care facility means a licensed institution maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that provided in a hospital, but at a higher level than provided in a domiciliary care facility or assisted living facility.

Occupancy approval means an inter-office form (certification) transmitted from the various departments to the engineering and inspections department certifying that the applicant has complied with all regulations including but not limited to land use, set backs, zoning, parking requirements, landscape requirements, and life safety codes.

Occupancy load means the maximum number of persons which may be accommodated by the use as determined by its design or by fire code standards.

Office means space or room for professional, administrative, clerical, and similar uses.

Office building means a building whose predominant use is for offices.

Open space means land areas within a development that are not occupied by buildings, structures, parking lots, streets, alleys or required yards. A vacant lot platted as a building site shall not be considered open space, unless a subsequent declaration is made. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities and the limited parking associated with these uses.

Outside storage means the keeping in an unenclosed or fenced area, of any goods, materials, products, merchandise or vehicles in the same place for more than 72 hours. Outdoor storage shall not include open retail display areas such as vehicle sales, nursery product sales, and similar activities.

Park means a public or private area of land, with or without buildings, intended for active or passive recreational uses.

Park and ride facilities means parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage car pooling for purposes of commuting, or for access to recreation areas.

Parking aisle means that portion of the parking area consisting of lanes providing access to parking spaces.

Parking area means space which is surfaced by either bituminous pavement or concrete, used or intended to be used for parking of vehicles, with or without charge, and in which no other business is conducted.

Parking, commercial means parking area used for the parking of motor vehicles on a temporary or contractual basis within a commercially operated, off-street parking lot or garage.

Parking garage, commercial means a building containing parking area, other than a private garage, used for the parking of vehicles on a temporary or contractual basis, with or without a fee.

Parking lot means an open area, other than a street, used for the parking of vehicles, with or without fee.

Parking space means a parking area surfaced by either concrete or bituminous pavement, enclosed or unenclosed, not less than nine feet wide and 18 feet long, exclusive of driveways, ramps, columns, and toll booth/work/storage areas, for the parking of one vehicle.

Parking space, stacking means an off-street space for the temporary stacking of vehicles within an aisle intended to serve a drive-in teller window, take-out food window, dry cleaning/laundry pickup or similar type activity station.

Person means any association, club, corporation, firm, individual, or partnership.

Place of worship means buildings arranged for religious service purposes, such as churches and synagogues, including related facilities for instruction, meetings, recreation, eating, and other integrally related activities.

Planned unit development (PUD) means a residential or commercial or combination development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

Plot plan means a plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or structures, or proposed buildings or structures, along with any easements and building setbacks, and the location of the lot in relation to abutting streets or rights-of-way, and similar information.

Porch means a roofed open area, which may be screened, attached to and with direct access to or from a building.

Porte-cochere means a driveway covering at a building entrance to protect persons entering and exiting the building from the elements, and consisting of a structural canopy which is attached to and an integral part of the building.

Premises means a lot, together with all buildings and structures existing thereon.

Principal building means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building. In a commercial or business complex constructed upon a single tract of land, there may be more than one principal building.

Printing establishment (major) means an establishment which provides blueprinting, copying, printing, engraving or other reproduction services on a large-scale basis for distribution.

Printing establishment (minor) means an establishment which provides blueprinting, copying, printing, or other reproduction services on a small-scale or walk-in basis.

Property line means the lot line or boundary line.

Public assembly center means buildings arranged for the general assembly of the public at-large for community events including civic centers, coliseums, stadiums, and similar uses.

Public buildings means buildings arranged for the purpose of providing public services, not otherwise listed in this section, including museums, government offices, post offices, transit stations, police stations, fire stations, emergency medical service stations, civil defense operations, and similar uses.

Public facility means buildings and structures arranged for the purpose of providing public services, not otherwise listed in this section, including libraries, museums, recreation, government offices, post offices, transit stations, police stations, fire stations, emergency medical service stations, civil defense operations, and similar uses.

Public improvement means any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established.

Public services means uses operated by a unit of government to serve public needs, such as police (with or without a jail), fire service, ambulance service, judicial court or government offices, park and recreation facilities, and library services, and may include public utility stations or maintenance facilities.

Public utility means a municipal or county department or board duly authorized to provide utility services to the public at large, including water facilities and distribution, sewerage facilities, gas distribution facilities, electric transmission and distribution facilities and cable transmission and distribution facilities, and may include telephone and telecommunications and similar facilities.

Public utility facility means a facility that provides public utility services to the public at large, including water and sewer facilities, gas distribution facilities, electric transmission and distribution facilities, and cable, telephone, and telecommunications facilities and/or transmission facilities.

Public utility service means essential utility services which are necessary to support development and which involve only minor structures such as lines, poles, and piping.

Recreation, indoor means an establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, indoor pool, health clubs, billiards parlors, motion picture theaters, and related amusements and games of skill.

Recreation, outdoor means an area providing outdoor recreation activities, such as athletic playing fields, golf courses, swimming pools, and tennis courts; which may include buildings or structures such as restrooms, concession areas, dressing rooms, equipment storage or sale of equipment related to the use, maintenance buildings, open-air pavilions, go-carts, and batting cages.

Recycling facility means a facility that is not a junk yard and in which recoverable resources (such as newspapers, magazines, books and other paper products; glass; plastics; metal cans; and other products) are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.

Rehabilitation facility means an institutional facility providing residential and custodial care for the rehabilitation of physically or socially impaired individuals who are recovering from accident, medical disability, or addiction to drugs or alcohol.

Renovation means interior or exterior remodeling of a structural nature.

Rental establishment means a commercial establishment engaged in the rental of a wide variety of goods, including but not limited to furnishings, appliances, audio/video equipment, and meeting, wedding, or party supplies, and which may also include tools or equipment.

Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Resource extraction means the removal of soil, sand, clay, gravel, minerals, or similar materials for commercial purposes, including quarries, sand and gravel operations, gas extraction, and mining operations.

Restaurant, fast food means an establishment where food and drink are rapidly prepared for carry out, fast delivery, drive-through or drive-in, walk up, or service to customers in vehicles, and may include standard sit-down consumption.

Restaurant, standard means an establishment where food is cooked, patrons dine on or off the premises, and where there is no drive up or walk up window service or service to customers in their vehicles, which may include alcohol sales as an incidental service, but derives the majority of its income from food service.

Restaurant, take-out or catering means an establishment where food is cooked or prepared exclusively for customer pickup or delivery off the premises by employees.

Retail establishment means the provision of services or the sale of goods and merchandise for a profit to the general public at large for use, benefit or consumption.

Safety fan/backstop means an area on a shooting range facility designed to contain all projectiles fired from a shooting range.

Salvage yard or junk yard means a lot or structure or part thereof used primarily for the collection, storage and sale of scrap metal or discarded material or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.

Sanitary landfill means a state-approved site for solid waste disposal employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day.

NOTE: A sanitary landfill should not be confused with a dump. Solid waste at a dump is disposed of without being compacted and covered. A sanitary landfill presents fewer health and aesthetic problems and has the potential of being reclaimed for other land uses later. Hazardous or radioactive waste material disposal is not permitted in a sanitary landfill.

Satellite dish antenna means an accessory structure designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.

School means a public or non-profit educational facility.

School, commercial means private, gainful business providing instructional service in general education, arts, business, crafts, trades, and professions.

Screen means to visually shield or obscure one abutting or nearby structure or use from another by means of opaque fencing, walls, berms, or densely-planted vegetation.

Semi-public means essentially a public use, although under private ownership or control.

Service station means a full-service or self-service facility where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles or gas cans. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity, and shall be permitted also to include a freestanding automatic car wash. Such facility may include automotive repair and maintenance. See article VIII, section 2.0.

Setback means the minimum required distance between the property line and the building line.

Shooting range facility means a public or private facility, including individual shooting ranges, safety fans or, structures, parking areas, and other associated improvements, designed for the purpose of providing a place for the discharge of various types of firearms that is located either above or below ground.

Shooting range (range) means an area designed and improved to encompass shooting stations or firing lines, target areas, baffles, and other related components that is located either above or below ground.

Shooting station means a fixed point from which firearms are discharged.

Shopping center means a group of commercial establishments located on a tract of land, planned and developed in a unified manner and design, with shared parking and driveway facilities and under a common ownership or management authority. A shopping center may also include out parcels under separate ownership which share entrances and/or parking with the shopping center.

Sidewalk means the improved portion of a public right-of-way that is intended for use by pedestrians or other improved area designated for pedestrian use.

Sight triangle means a triangular area established at the intersection of two streets or a street and a driveway where clear sight distance is maintained for motorists. In the case of two intersecting streets having a total of two lanes (a single lane in each direction), the sight triangle is formed by connecting two legs extending 75 feet from the center of an intersection along the center line of the street rights-of-way. In the case of a driveway, or other channel for vehicle entrance or exit, intersecting a street, each leg of the triangle shall be 15 feet along the street right-of-way and driveway edge. Roads with multiple lanes may require additional sight distance. This shall be determined by the engineering and inspections department or by a traffic survey. (See illustration appendix.)

Single-family residence means a detached single-family dwelling constructed on site in accordance with the Standard Building Code.

Site area means a minimum land area required to qualify for a particular use or development. Site area is taken from an actual survey of the subject tract and excludes land within an existing or future street right-of-way or utility right-of-way; land which is not contiguous or is cut off by a major barrier such as a street, stream or gully; land which is part of a previously approved development; and land which is zoned for another use.

Site plan means a plan which outlines the use and development of any tract of land.

Special exception use means a use which is permitted in a particular zoning district only by special application and approval by the board of zoning adjustment on such special exception as they are authorized to rule on by the terms of this appendix, and which is subject to restrictions and safeguards as to number, area, character, location or relation to the neighborhood. This use is permitted further subject to appropriate permits and/or licenses being issued in accordance with the provisions of the ordinances of the city.

Specialty shop means a small-scale retail business concentrated on a particular activity or product.

Stacking space, (parking) means an off-street space for the temporary stacking of vehicles within an aisle intended to serve a drive-in teller window, take-out food window, dry cleaning/laundry pickup or similar type activity station.

Story means the portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. A mezzanine or partial floor shall be counted as a story if the vertical distance from the floor next below to the floor or ceiling next above is 24 feet or more. If the finished floor level directly above a usable or unused under-floor space is more than seven feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.

Story, half means a half story is a story situated within a sloping roof, the floor area of which has a minimum ceiling height of five feet above the floor and in which the sloped ceiling does not exceed one-half of the floor area, and the height above at least one-half of floor space is seven feet six inches.

Street means any vehicular way which has been dedicated to the public use including all land within the right-of-way.

Street, private means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

Structure means anything constructed or erected with a fixed location on the ground or below the ground or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.

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

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. Such term includes resubdivision of land, and when appropriate to the context, relates to the process of subdivision or to the land or territory subdivided.

Telecommunications facility means a facility owned or operated by a public utility or a business that transmits and/or receives electromagnetic waves, digital transmissions or pulses of light, and may include antennas, microwave dishes, horns, fiber optic lines, cellular towers and other types of equipment for the transmission or receipt of such signals, and may include telecommunications towers or alternative supporting structures and uses.

Theater means a building used primarily for the presentation of live stage productions, performances, or motion pictures, excluding adult entertainment.

Thrift store means a building, property, activity, or establishment where the principal use or purpose is the sale of donated articles directly to consumers. Articles will be considered donated articles whether donated to the operator of the establishment or to an organization from which the articles are acquired.

Townhouse means two or more attached, single-family dwellings within a building of six or less units in which each unit shares a common wall, and in which each unit occupies its own individual lot. Each unit has a separate outdoor entrance with property lines, lot lines, and a one-hour fire resistant wall or a two-hour fire-resistant-rated party wall separating such units.

Travel trailer means a structure that is intended to be transported over the streets either driven as a motor vehicle or attached to or hauled by a motor vehicle and is designed for temporary recreational use as sleeping quarters, but does not meet the definition criteria of a manufactured (mobile) home.

Travel trailer park/campground means a three-acre or larger tract of land used or designed to accommodate a travel trailer or campground community of multiple spaces for short-term lease.

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

Variance means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the specific property and not the result of the action of the applicant, a literal enforcement of the zoning ordinance would result in unnecessary and undue hardship. As used in this appendix, a variance is authorized only for height, area, and the size of a structure or the size of yards and open spaces. Establishment or expansion of a permanent use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining zoning districts.

Vehicle and equipment sales or rental, major means a place of business engaged in the sale or rental of heavy trucks, construction equipment, tractors and farm implements and equipment, including the storage, maintenance and servicing of such vehicles and equipment.

Vehicle and equipment sales or rental, minor means a commercial establishment engaged in the sale or rental of automobiles, light trucks, travel trailers, recreational vehicles, motorcycles, boats or other watercraft, including the incidental parking, storage, maintenance, servicing and repair of such vehicles. All servicing and repair work shall be performed within an enclosed building, with the exception of the washing and waxing or such vehicles.

Vehicle repair (major) means a place of business engaged in the repair and maintenance of vehicles including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities in which all work is performed entirely within an enclosed building.

Vehicle repair (minor) means a place of business engaged in sales, installation and servicing of mechanical equipment and parts, including audio equipment and electrical work, lubrication, tune-ups, front-end alignment, tire balancing, brake and muffler work, battery recharging and/or replacement, and similar activities, and in which all work is performed entirely within an enclosed building.

Warehouse, wholesale or storage means a building or premises in which goods, merchandise or equipment are stored for eventual distribution or for short or long-term storage.

Wholesale establishment means an establishment which exclusively sells goods for resale by a retailer.

Wrecker service yard means a lot or parcel of land used for the placement and/or outside storage of vehicles awaiting final disposition. Disabled vehicles shall not be placed or stored on the premises unless the property is properly zoned and all pertinent licenses maintained. Vehicles shall not be stored on the premises for a time period to exceed 120 days. This definition shall not be applicable to junk yards or salvage yards as defined in this appendix.

Yard means the ground area of a lot left open, unoccupied, and unobstructed by buildings from the ground to the sky except as otherwise provided in this appendix.

Yard, front means the minimum yard or yards in the case of a corner or double frontage lot, extending across the entire width of the lot between the front setback line or lines and the front lot line. A corner lot is deemed to have a front yard on all sides abutting street rights-of-way. (See illustration appendix.)

Yard, rear means the minimum yard between a rear setback line and a rear lot line and extending the entire length of the rear lot line. In the case of a double frontage lot, there is no rear yard, but only front and side yards. In the case of a corner lot, the rear yard shall be opposite the front yard to which the main structure faces. (See illustration appendix.)

Yard, side means the minimum yard between a side setback line and a side lot line, extending from the front yard to the rear yard. In the case of an odd-shaped lot, any yard that is not a front yard or a rear yard is a side yard. In the case of a double frontage lot, any yard that is not a front yard is a side yard. A corner lot is deemed to have a front yard on all sides abutting street rights-of-way, and a rear yard opposite the front yard to which the main structure faces; and any remaining yard shall be a side yard. (See illustration appendix.)

Zero lot line development means single-family dwellings arranged on individual lots which allow the structure or an appurtenance thereto to abut the setback line on one or more sides dependent upon the zoning district in which it is located. Examples are garden homes, townhomes, cluster homes or duplexes.

Zoning means the use classification assigned to a tract or parcel of land or the process of determining the use classification to be assigned to a tract or parcel of land. Land annexed into the city shall be placed into the nearest comparable city zoning district to that existing on the property prior to annexation.

(Ord. No. 2011-022-PZ, § 2, 11-8-11; Ord. No. 2016-004-PZ, § 4, 2-9-16; Ord. No. 2018-037-P&Z, § 1, 12-11-18; Ord. No. 2023-004-PZ, 4-25-23)