The following rules of construction apply to the text of this ordinance:

1.

The particular shall control the general.

2.

In case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, 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. Words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

5.

The word "building" includes the word "structure." A building or structure includes any part thereof.

6.

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

7.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

8.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "neither ... or," the conjunction shall be interpreted as follows:

a.

And. "And" indicates that all connected items, conditions, provisions, or events shall apply.

b.

Or. "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

c.

Either ... Or. "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

9.

Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. of 3-21-2005, § 200)

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

Accessory use or accessory means a use that is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When "accessory" is used in the text, it shall have the same meaning as "accessory use." An "accessory use" includes, but is not limited to, the following:

1.

Swimming pools for use of the occupants of a residence, or their guests;

2.

Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure;

3.

Home occupations when carried on by the owner resident of the dwelling and when no physical or visual affects are observed beyond the walls of the residence;

4.

A newsstand primarily for the convenience of the occupants of a building, located on the same lot as the principal use and within ten feet of the principal building;

5.

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations;

6.

Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations;

7.

Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located;

8.

Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located; and

9.

Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.

10.

Private solar energy collector systems, subject to the applicable zoning district regulations.

Aircraft landing strip means the use of land for the landing or taking off of aircraft, as an accessory use to a dwelling or housing unit on the same zoning lot, including facilities for the shelter of aircraft but not including the boarding or care of aircraft owned by others.

Airport and related facilities, commercial (public or private), means the use of land for the landing or taking off of aircraft, which provides facilities for shelter, supply or care of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or acquired for airport buildings or other airport facilities.

Alley means any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

Alterations means any change, addition, or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated acts of which may be referred to herein as "altered" or "reconstructed."

Automobile repair, general, includes engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.

Automobile repair, light, includes repair or replacement of automotive components for maintenance purposes, such as tires, mufflers, glass, etc. This does not include any item described by the definition of general automotive repair.

Basement means that portion of a building between the floor and ceiling, which is partly or wholly below grade, and located so that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be considered as a story.

Bed and breakfast means a secondary use that is subordinate to the principal use of a single-family dwelling where sleeping rooms and board are provided to transient guests.

Block means the property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the township.

Building means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. A "building" shall not include such structures as billboards, fences or radio towers, or structures with interior areas not normally accessible for human use, such as gas holders, tanks, smoke stacks, grain elevators, coal bunkers, oil cracking towers or similar structures.

Building envelope means the area defined by lines drawn parallel to the front, rear, and side area lines, at a distance designated by the setback requirements of the zoning district and within which the main building shall be located.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; or to the peak or ridge for all other roof types. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building line means a line formed by the face of the building, and for the purposes of this ordinance, a minimum building line is the same as a front setback line.

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

Building-mounted solar energy collector system means a solar energy collector system attached to the roof or wall of a building, or which serves as a roof, wall, or window or other element, in whole or in part, of a building.

Caliper means the diameter of a tree trunk measured six inches above ground level up to and including four-inch caliper size and 12 inches above ground level for larger sizes.

Clinic means an establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians, dentists or similar professions.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not for profit.

Collector road means roads that are designed to collect traffic from local or minor streets and carry it to major or secondary thoroughfares and indicated as collector roads in the township's master plan for future land use.

Condominium lot means all areas bounded by the front yard area line, the rear yard area line and the side yard area lines.

Convalescent or nursing home means a structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.

Court means an open space, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

Development means the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

Diameter breast height (DBH) means the diameter of a tree measured at four feet above the natural grade.

District means a portion of the unincorporated area of the township within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this ordinance.

Drive-in or drive through means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than while in a building or structure.

Dwelling includes the following:

1.

One-family dwelling means a building designed exclusively for and occupied exclusively by one family.

2.

Two-family dwelling means a building designed exclusively for occupancy by two families living independently of each other.

3.

Multiple-family dwelling means a building or portion thereof, designed exclusively for occupancy by three or more families, living independently of each other.

Dwelling unit means a building or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

1.

Manufactured dwelling unit. A dwelling unit that is substantially built, constructed, assembled, and finished off the premises upon which it is intended to be located.

2.

Site built dwelling unit. A dwelling unit that is substantially built, constructed, assembled, and finished on the premises that are intended to serve as its final location. Site built dwelling units shall include dwelling units constructed of pre-cut materials, and panelized wall, roof, and floor sections when such sections require substantial assembly and finishing on the premises that is intended to serve as its final location.

Elderly housing includes the following:

1.

Dependent means elderly housing provided in a multiple family housing form with central dining facilities provided as a basic service to each unit. Each dwelling unit may or may not contain cooking facilities. Includes assisted living.

2.

Independent means elderly housing provided for in a multiple family housing form with full facilities for self-sufficiency in each individual unit, and no central dining facility.

Erected means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like, shall be considered a part of erection.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhanging electrical, steam fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

Excavation means any breaking of ground, except common household gardening and ground care.

Exception. Exceptions are intended to accommodate instances where the provisions of this ordinance are not precise enough to cover all situations without interpretation. The granting of an exception does not require a finding of undue hardship but is permitted only when specifically referenced in the zoning ordinance and only after review of an application by the board of appeals or planning commission.

Facade means the exterior of the wall or all walls of a building extending in one direction. For purposes of sign regulation, there shall not be more than four facades for each building.

Family means:

1.

An individual or group of two or more persons related by blood, marriage or adoption, together with foster children or domestics of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or

2.

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are living and cooking as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.

Farm means all of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant-farmer, by such person's own labor or with the assistance of members of the household or hired employees: provided, however, that land to be considered a farm hereunder shall include a continuous parcel of more than ten acres in area: provided further, farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries; but establishments keeping fur-bearing animals, public riding or boarding stables, commercial dog kennels, shall not be considered farms hereunder unless combined with bona fide farm operations on the same continuous tract of land. No farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish or offal or as rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises prior thereto and for the use and consumption of persons residing on the premises.

Fence means a manmade, unroofed barrier which may act as an enclosure or which is decorative or ornamental.

Floor area means, for the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of the several floors of the building shall be measured from the interior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of basements, unfinished attics, attached garages, breezeways, unenclosed porches and enclosed porches.

Floor area, gross, means the sum of the horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls, including basements or mezzanines. Unfinished attics, attached garages, breezeways and areas included in structures or buildings providing parking for motor vehicles shall not be included.

Floor area ratio (FAR) means an intensity measured as a ratio derived by dividing the gross floor area of a building by the area of the zoning lot.

Floor area, usable, means, for the purposes of computing off-street parking requirements, the area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area that is used or intended to be used principally for the storage or processing of merchandise, for hallways or for utilities or sanitary facilities, shall be excluded from this computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal area of the several floors of the building, measured from the interior faces of the exterior walls.

Gasoline service station means a space, building or structure designed or used for the retail sales or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles.

General commons area means all areas outside of the condominium lots including right-of-way.

Grade means the ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building, and taking the average of the total averages.

Ground-mounted solar energy collector system means a solar energy collector system that is not attached to and is separate from any building on the parcel of land on which the solar energy collector system is located.

Home occupation means an occupation that is a secondary use, which is clearly subservient or incidental to the use of a one-family dwelling unit for residential purposes, subject to the conditions of section 410.

Industrial solar energy collector system means a utility-scale ground mounted solar energy collector system with the primary purpose of wholesale or retail sale of generated electricity, commonly referred to as solar farms.

Junkyard means an open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to: scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

Kennel, commercial, means any lot or premises on which four or more dogs, cats or other household pets are either permanently or temporarily boarded.

Limited commons area means the areas within a condominium lot that are outside of the building envelope.

Loading space means an off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lot means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records.

1.

Corner lot means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this ordinance if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

2.

Interior lot means any lot other than a corner lot.

3.

Through lot means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. Lot lines abutting streets shall be considered front lot lines and front yard setbacks shall be provided as required.

4.

Zoning lot means a single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A "zoning lot" shall satisfy this ordinance with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a "lot of record" as filed with the county register of deeds, but may include one or more lots of record.

Lot area means the total horizontal area within the lot lines of the lot.

Lot coverage means the part or percent of the lot occupied by buildings including accessory buildings.

Lot depth means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot lines means the lines defining the limits of a lot as described herein:

1.

Front lot line means, in the case of an interior lot, the line separating said lot from the street. In the case of a corner lot, or double frontage lot, is that line separating said lot from either street.

2.

Rear lot line means that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.

3.

Side lot line means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record means a parcel of land, the dimensions of which are described in a document or shown on a map on file with the county register of deeds or in common use by municipal or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot width means the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line, intersects the side lot lines.

Main use means the principal use to which the premises are devoted and the principal purpose for which the premises exist.

Major thoroughfare means an arterial street which is intended to serve as a large volume traffic way for both the immediate township area and the region beyond, and may be designated as a major thoroughfare, boulevard, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the major thoroughfare plan in the township master plan for future land use. Any street with a width, existing or proposed, of 120 feet or more shall be considered as a major thoroughfare.

Master deed means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the plan for the project.

Master plan for future land use means the comprehensive plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings, and all physical development of the township and includes any unit or part of such plan, and any amendment to such plan or parts thereof.

Mezzanine means an intermediate floor in any story occupying not to more than one-third of the floor area of such story.

Ministorage facility means self-storage spaces designed and used for the purpose of renting or leasing individual storage space to tenants who have access to such space for the purpose of storing and removing personal property.

Mobile home means a manufactured dwelling unit, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Mobile home does not mean a recreational vehicle.

Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose, regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use, incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.

Motel means a series of attached, semidetached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

Nonconforming building means a building or portion thereof lawfully existing at the effective date of this ordinance, or amendments thereto, and that does not conform to the provisions of the ordinance in the district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land at the effective date of this ordinance or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

Nuisance means an offensive, annoying, unpleasant, or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being; or the generation of an excessive or concentrated movement of people or things, such as:

(a)

Noise;

(b)

Dust;

(c)

Smoke;

(d)

Odor;

(e)

Glare;

(f)

Fumes;

(g)

Flashes;

(h)

Vibration;

(i)

Shock waves;

(j)

Heat;

(k)

Electronic or atomic radiation;

(l)

Objectionable effluent;

(m)

Noise of congregation of people, particularly at night;

(n)

Vehicular traffic;

(o)

Invasion of nonabutting street frontage by traffic.

Nursery, plant material, means a space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping.

Off-street parking lot means a facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles, except in one-family residential districts.

Open front store means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "open front store" shall not include automobile repair stations or automobile service stations.

Open space means the part of a zoning lot, including courts or yards, which is open and unobstructed from the ground upward, except as otherwise provided in this ordinance.

Parking space means an area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.

Principal use means the main use to which the premises are devoted and the principal purpose for which the premises exist.

Private solar energy collector system means a solar energy collector system used exclusively for private purposes and not utilized for any commercial resale of any energy except for the sale of surplus electrical energy back to the electrical grid.

Public utility means a person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under governmental regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.

Recreational equipment means travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, snowmobiles, horse trailers, dune buggies or other similar equipment.

Replacement tree means any woody plant having at least one well-defined stem at least three inches in caliper for deciduous trees and the ten-foot height for evergreen trees.

Restaurant means an establishment for serving food and beverages for immediate consumption.

1.

Restaurant, carryout, means a restaurant at which patrons are served from a counter and the food or beverage is served in disposable containers or wrappers for consumption off the premises.

2.

Restaurant, drive-in, means a restaurant at which any patrons are served from a drive-by window or while within a motor vehicle or where food is consumed within the motor vehicle on the premises.

3.

Restaurant, fast food, means a restaurant at which patrons are served from a counter and the food or beverage is served in disposable containers or wrappers for consumption on the premises.

Room means, for the purpose of determining lot area, requirements and density in a multiple-family district, a living room, dining room, and bedroom, equal to at least 80 square feet in area. A "room" shall not include the area in the kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing one, two, or three bedroom units and including a den, library or other extra room shall count such extra room as a "bedroom" for the purpose of computing density.

Secondary thoroughfare means a major street used primarily to carry intra-county or intra-township traffic and designated as such on the master plan for future land use.

Service drive means a service roadway parallel to a feeder road and which provides access to abutting properties and protection from through traffic.

Setback means the distance required to obtain minimum front, side or rear yard open space provisions of this ordinance. Setbacks from a public street shall be measured from the existing or proposed future right-of-way; whichever is greater. Setbacks from a private street or easement shall be measured from the easement or private right-of-way.

Site condominium means a single-family condominium where the condominium unit and adjacent limited common elements consist of a dwelling unit and exterior yards of a minimum size corresponding to the lot area requirements established in this ordinance for the district in which it is located.

Solar energy collector system means a panel or panels and/or other devices or equipment, or any combination thereof, that collect, store, distribute and/or transform solar, radiant energy into electrical, thermal, or chemical energy for the purpose of generating electrical power or other form of generated energy for use in or associated with a principal land use on the parcel of land on which the solar energy collector is located and, if permitted, for the sale and distribution of excess available electricity to an authorized public utility for distribution to other lands.

Special land use means a use permitted in a zoning district when the use is specified in article 22 as permitted at the discretion of the planning commission, provided that all review criteria are met.

Specified anatomical areas means:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region and buttock; or

b.

Female breast below a point immediately above the top of the areola;

2.

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

Specified sexual activities means:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy; or

3.

Fondling or other erotic touching of human genitals, public regions, buttocks or female breast.

Story means the part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above. A "basement" shall not be counted as a story.

Street means a dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property, or a freeway.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Temporary use or building means a use or building permitted by the board of appeals or building inspector to exist during a specified period of time.

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

Variance means a modification of the literal provisions of the zoning ordinance granted when strict enforcement of the zoning ordinance would cause undue hardship or practical difficulty owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are:

(a)

Undue hardship;

(b)

Unique circumstances; and

(c)

Applying to property.

A variance is not justified unless all three elements are present. A variance is not an exception.

Vienna Charter Township. Whenever in this ordinance reference is made to the "municipality," "Vienna Township," or the "township," it shall mean Vienna Charter Township.

Yard area lines means in reference to site condominium developments, yard area lines are considered equal to lot lines as defined in this ordinance.

Yards means the open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance, and as defined herein.

1.

Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. All yards abutting on a street shall be considered as front yards for setback purposes.

2.

Rear yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.

3.

Side yard means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

(Ord. of 3-21-2005, § 205; Ord. No. 449, §§ 2.1, 2.2, 8-12-2019)