For the purpose of this ordinance, certain terms and words used herein shall be interpreted and defined as follows:

Words in the present tense include the future and vice-versa; words in the singular number include the plural number and vice-versa; the word "building" includes the word "structure" and vice-versa; the word "shall" is mandatory and not directory.

Accessory use. A use which is incidental to the main use of the premises.

Advisory plan commission. Shall mean the same as the plan commission or city plan commission of the City of Warsaw, Indiana.

Alley. A public thoroughfare, which affords only secondary means of vehicular access to abutting property, and less than 20 feet in width.

Apartment. A suite of rooms, or a room in a dwelling, apartment building, or commercial building, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals.

Apartment building. A building or structure arranged, intended or designed to be occupied by three or more families living independently of each other and with each including its own separate culinary accommodations. Rowhouses shall be considered as apartments.

Automobile wrecking yard. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

Basement. A story partly underground, but having less than one-half of its clear height below ground level which, unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurements.

Bed and breakfast facility. An owner occupied or resident manager employee occupied, architecturally or historically significant residence containing no more than 12 guestrooms for hire, for lodging by prearrangement or periods not to exceed three consecutive weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding[house] or lodginghouse.

Block. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.

Board. The board of zoning appeals of the City of Warsaw, Indiana.

Boardinghouse. A building not open to transients, where lodging and/or meals are provided for compensation for three or more, but not over 30 persons regularly; a lodginghouse.

Building. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without openings through such walls, each portion of such a building shall be considered a separate structure.

Building, accessory. A subordinate building or a portion of a main building, which is located on the lot of the main building, the use of which is incidental to that of the main building but such accessory building shall not be used as a separate family dwelling. A swimming pool building, the pool itself, or any similar structures, shall not be considered as accessory buildings.

Building area. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, and any architectural appurtenances.

Building, front line of. The line of that face of the building nearest the front lot line.

Building, principal. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of the wall of an accessory building is a part of the wall of the principal building or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as a part of the principal building.

Building, height of. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the height between eaves and ridges for gable; hip and gambrel roofs. Whenever a building is located upon a terrace or slope, the height may be measured from the average grade level of the building wall.

Building commissioner. The building commissioner of the City of Warsaw, Indiana.

Building permit (improvement location permit). A permit issued by the city building commissioner for the erection, placement or alteration of a structure or improvement.

Business. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.

Camp, public. Any area or tract of land used or designed to accommodate two or more automobile house trailers, or two or more camping parties, including cabins, tents or other camping units.

Church. A building used for the conduct of religious services, not including rescue missions or temporary structures used for revival activities.

Clean fill site. A facility or site specifically designed and restricted to the disposal, processing and/or reclamation of off-site generated, uncontaminated and untreated stone, bricks, concrete, or dirt; road demolition waste materials; natural growth including tree limbs and grass clippings; sawdust from untreated natural wood; and other items not included in the above definition if subsequently approved by the county solid waste management district and the Indiana Department of Environmental Management. Clean fill sites shall be classified into one of the following types:

a.

Longterm permitted clean fill disposal site.

b.

Temporary permitted clean fill disposal site.

c.

Longterm permitted clean fill processing site.

d.

Temporary permitted clean fill processing site.

e.

Temporary permitted clean fill land reclamation site.

Clinic. Medical, health and dental office and laboratory facilities in conjunction with normal clinic services. Board and room shall not be provided, and patients shall not remain on the premises of such facility overnight.

Clinic, veterinary. A medical facility for the treatment of domestic animals and birds; for the purposes of this ordinance, an animal hospital shall also be considered a veterinary clinic.

Commercial. See Business.

Comprehensive plan. A composite, or portion thereof, of the mapped and written proposals and recommendations relative to the growth and development of the City of Warsaw, Indiana.

Condominium. An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

Conservation easement. An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants or wildlife; or maintaining existing land uses.

Construction/demolition site. A solid waste land disposal facility, or site, designed and operated to accommodate large volumes of solid waste, having minimal potential for groundwater contamination. Further, a construction/demolition site is to be specifically designed and restricted to the disposal, processing, and/or reclamation of only construction or demolition waste to include bricks; concrete; stone; glass; wallboard; lumber; roofing materials; other items which are affixed to the structure being constructed or demolished including plumbing fixtures; wiring and nonasbestos insulation; and other items not included in the above definition if subsequently approved by the county solid waste management district and the Indiana Department of Environmental Management.

Day care center. A commercial facility licensed by the Indiana Department of Public Welfare for the care and education of children for less than 24 continuous hours at a location other than a residence. Day care centers include nursery schools, pre-schools, but not public or private schools of general education. A day care center shall not be considered a home occupation.

Day care home/child care home. As defined by IC 12-7-2-33.7 and 12-7-2-33.8 and any corresponding ammendments.

Development plan. A specific plan for the development of real property that:

a)

Requires approval by the plan commission under the 1400 series of IC 36-7-4;

b)

Include a site plan;

c)

Satisfies the development requirements specified in the ordinance regulating the development; and

d)

Contains the plan documentation and supporting information required by the ordinance regulating the development.

District. A section of the City of Warsaw for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open space about buildings, are herein established.

Drive-in restaurant. Any establishment serving food or drink, where provisions are made for customers to drive across curb or sidewalk lines and receive service in automobiles or other similar vehicles.

Dwelling. Any building or portion thereof which is designed or used exclusively for residential purposes.

Dwelling, duplex. A two-family dwelling in which living quarters are arranged side-by-side, or one over the other and having either separate or one common entrance.

Dwelling, multiple. A building designed for occupancy by more than two families.

Dwelling, single-family. A building designed for occupancy by no more than one family.

Dwelling unit. One room or rooms containing independent cooking and sleeping facilities and constituting an independent housekeeping establishment, physically separated from other dwelling units in the same structure.

Easement. A portion or strip of land which is part of a lot or parcel, but which has been reserved for a specific use for access by persons, or for utilities and/or services.

Family. A group of one or more persons related by blood, legal adoption or marriage, occupying a building and living as a single housekeeping unit. No unrelated group living as a single housekeeping unit shall consist of more persons than the number of individual bedrooms in the unit.

Garage, private. An accessory building with capacity for not more than three motor vehicles for storage only, not more than one of which may be a commercial vehicle of not more than three tons capacity; provided, however, that a garage designed to house one motor vehicle for each family housed in an apartment shall be classed as a private garage.

Garage, public. Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

Ground floor area. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground level, exclusive of open porches, breezeways, terraces, garages, exterior and interior stairways.

Group housing. One main building on one zoning lot, whose residents are under a contract or other arrangement with the state or local government human services agency to provide housing.

Hazardous waste. A solid waste or combination of solid wastes that, because of its quantity; concentration; or physical, chemical, and/or infectious characteristics may:

a.

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

b.

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

Hazardous waste landfill. A facility approved by the EPA and sited by the State of Indiana for the disposal of hazardous wastes as defined elsewhere in this ordinance.

Home occupation. An occupation, carried on by a member of the family residing on the premises, in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of said family; and no sign, other than a nameplate, not exceeding one square foot in area, is displayed, and no change in the external appearance of the building shall be caused thereby, and that no accessory building shall be used for such home occupation.

Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding[house] or lodginghouse.

Institution. A building or premises occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junkyard. Open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Kennel. Any lot or premises on which four or more dogs, at least four months of age, are kept.

Large retail sales establishment (LRSE). A large retail establishment (LRSE) is defined as single retail or wholesale user which occupies no less than 65,000 square feet of gross floor area, which offers for sale a wide variety but limited selection of consumer products; including but not limited to office supplies and equipment, consumer appliances, electronic equipment, furniture, house wares and home furnishings, tools, hardware, home improvement supplies, recreational and leisure products, automotive equipment and supplies, food and appeal. These establishments typically require high parking to building area ratios, and may have a regional sales market. Regional retail/wholesale sales includes but is not limited to membership warehouse clubs that emphasize bulk sales, discount stores, household appliance dealers, large retail sales/shops, hardware/home improvement stores, and department stores.

Lodge or club. An association of persons for some common purpose, but not including a group organized primarily or which is actually engaged to render a service which is customarily carried on as a business.

Lodginghouse (boardinghouse). A building other than a hotel in which more than two but less than ten persons, who are not members of the keeper's family, are given lodging or meals, or both, whether or not for compensation.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one principal building and its accessory buildings, and the open space required by this ordinance, and having its principal frontage on a street or an officially designated and approved public place.

Lot corner. A lot abutting upon two or more streets at their intersection.

Lot coverage. The percentage of the lot covered by impervious surfaces including, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces that impede the natural infiltration of stormwater.

Lot, depth of. The mean horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.

Lot, ground level.

a.

For buildings having walls adjoining one street only, the elevation of the ground at the center of the wall adjoining the street.

b.

For buildings having walls adjoining more than one street, the average of the elevation of the ground at the center of all walls adjoining the streets.

c.

For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.

Lot, interior. A lot other than a corner lot or through lot.

Lot lines. The boundary lines forming a lot as defined by this ordinance.

Lot line, front. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line, provided the restrictions shall not be less than required by this ordinance.

Lot line, rear. A lot line which is opposite and most distant from the front line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side. Any lot boundary line not a front lot line or a rear lot line.

Lot, through. A lot having frontage on two streets at opposite ends of the lot.

Lot, width of. If the side property lines are parallel, the shortest distance between these side lot lines; or if the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Refer to the 2000 International Residential Code, as amended from time to time and section 12.0.4.6, infra, of this ordinance for specific regualtions.

Manufacturing or industry. Any use, in which the major activity is the treatment, processing, rebuilding or repairing, or bulk storage of materials, products or items, and where the finished product is not acquired by the ultimate user on the premises.

Mobile home. A vehicular, portable structure, built on a chassis and designed to be used without a permanent foundation as a dwelling unit when connected to the necessary utilities; constructed after January 1, 1981. For the purposes of this ordinance, the term "mobile home" shall not include "manufactured home" or "modular home" units.

Mobile home/manufactured home community. A site with required improvements and utilities containing lots for mobile home/manufactured home units, on a minimum of a five acre parcel, meeting the requirements of section 13, of this ordinance, to be rented for occupancy and which may include services for its residents, and within which recreational vehicles and tents shall not be used for places of abode.

Mobile home/manufactured home subdivision. A mobile home/manufactured home development, designed and intended to provide lots for sale for the placement of mobile homes for residential purposes and meeting the requirements of section 13.9.1 of this ordinance.

Mobile home/manufactured home, used, sales and storage. A previously occupied mobile home/manufactured home unoccupied and moved to a location specifically for the purpose of sale or storage. The sale and/or storage of used mobile homes/manufactured homes is not allowed within the City of Warsaw.

Modular home. Any dwelling which is constructed in a manufacturing facility and transported to its final site by means completely separate from the dwelling and which meets the code requirements of the 2000 Indiana One and Two Family Residential Dwelling Code, as amended from time to time.

Motel. A building or group of buildings, in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.

Municipal uses. Any use, facility or building utilized by the city, county, state or federal governments.

Neighborhood center—Indoor. An indoor space together with accessory structures and uses used for recreational, social, educational, or cultural activities by and for the benefit of the community, which is not operated for profit. This includes City of Warsaw parks and recreation facilities.

Neighborhood center—Outdoor. An outdoor space together with accessory structures and uses used for recreational, social, educational, or cultural activities by and for the benefit of the community, which is not operated for profit. This includes City of Warsaw parks and recreation facilities.

Nonconforming use. Any building or land lawfully occupied by a use which at the time of the passing of this zoning ordinance or an, amendment thereto, does not conform with the regulations of the district in which it is located.

Official zoning map. The official map showing the location and boundaries established by this ordinance. The official zoning map, together with all explanatory matter thereon and all amendments thereto, is adopted by reference and is part of this ordinance.

Parking lot. A parcel of land with a durable, hard surface devoted to unenclosed parking space for five or more motor vehicles for compensation or otherwise.

Parking space, off-street. A space on a durable, hard-surfaced area of not less than 180 square feet per vehicle for parking automobiles, together with properly related access to a public street or alley and maneuvering aisle, as required by this ordinance for a particular use.

Plan director. The city planner of Warsaw, Indiana.

Professional office. An office used in the practice of a profession as listed in the Table of Permitted Uses.

Place. An open unoccupied public space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.

Private sewer. A sewage disposal system which is not constructed, installed, maintained, operated, and owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Service Commission of Indiana. Any such private system shall be in conformance with all local and state codes, ordinances and regulations.

Private water. A water supply which serves only the lot on which it is located.

Public sewer. A sewage disposal which is constructed, installed, maintained, operated and owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Service Commission of Indiana, but shall not include a sewer installed for the purpose of subsoil drainage.

Public water. A water supply which is constructed, installed, maintained, operated, and owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Service Commission of Indiana.

Recreation facilities—Indoor. Indoor commercial entertainment and recreation facilities together with accessory structures and uses, operated for a profit.

Recreation facilities—Outdoor. Outdoor commercial entertainment and recreation facilities together with accessory structures and uses, operated for a profit.

Recycling. A process by which materials that would otherwise become solid waste are collected, separated or processed, and converted into materials or products for reuse or sale.

Residential facility. Residential facility as defined in IC 12-7-2-165, refers to a residential facility for individuals with a developmental disability or a residential facility for individuals with a mental illness; however, a residential facility for individuals with a mental illness is not permitted within 3,000 feet (as measured from lot line to lot line) of another residential facility for individuals with a mental illness. A residential facility shall be permitted in the R-1, R-2, and R-3 districts, provided that the requirements of IC 12-28-4-7 (as amended from time to time) are satisfied.

Resource/material recovery facility. A solid waste processing facility designed and operated for the express purpose of processing solid waste into commercially valuable materials or energy. This type of facility also includes what is typically called a salvage yard.

Resource recovery. The processing of solid waste into commercially valuable materials or energy.

Resource recovery system. A solid waste management system which provides for collection, separation, recycling, and recovery of solid and/or nonhazardous wastes including the disposal of nonrecoverable waste residues.

Restricted waste site. A solid waste land disposal facility designed and operated to accommodate specific types of waste as specified in 329 IAC 2-9.

Sanitarium. A private hospital, whether or not such facility is operated for profit.

Sanitary landfill. Means a solid waste land disposal facility designed to accommodate general types of solid waste as elsewhere defined in this ordinance, excluding waste regulated by 329 IAC 3, and operated by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with cover material at the end of each working day. This definition does not include a clean fill site, or a construction/demolition site, which are defined elsewhere in the ordinance.

Setback. The minimum required horizontal distance between the front side or rear property line or the right-of-way and the building line. The setback line shall be parallel to the lot line, and no portion of the building shall be closer to the property line than the required minimum setback.

Sign. Any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising.

Solid waste. Garbage; refuse; sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility,, or other discarded materials including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining or agricultural operations or from community activities. However, the term "solid waste" does not include:

a.

Solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges, which are point sources subject to permits under section 402 of the Water Pollution Control Act Amendments (33 USC 1342);

b.

Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 USC 2011 et seq.); or

c.

Manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation.

Solid waste processing facility. A solid waste facility upon which is located a solid waste incinerator, transfer station, solid waste baler, solid waste shredder, resource recovery system, composting facility, garbage grinding facility, and other facilities, or recycling facilities, not included in the above definition if subsequently approved by the county solid waste management district and the Indiana Department of Environmental Management.

Solid waste transfer station. A facility for the collection, separation, compaction, processing and storage of solid waste until said waste can be transported or transferred to a sanitary landfill or other facility approved and licensed for the disposal of solid wastes by the State of Indiana.

Story. That portion of a building, included between the surface of any floor other than the basement and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.

Story, half. That portion of a building under a sloping gable, hip, or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such half-story.

Street. Any property or area between the lot lines abutting upon a right-of-way, which has been conveyed, dedicated, acquired or intended for public streets, highways, freeways or roadway purposes and which affords the principal access to abutting property subject to any easements therein.

Structure. Anything constructed or erected, the use of which requires a permanent location on the ground or which is attached to something permanently located on the ground.

Structural alteration. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior wall or the roof, excepting such alterations as may be required for the safety of the building.

Tattoo parlor. A place of business where tattooing is performed, also including the instruction, schooling, or education of tattooing. Tattooing means the placement in human tissue of any indelible design, letter, scroll, figure or symbol or other mark placed with the aid of needles or other instruments; or any design, letter, scroll, figure or symbol done by scarring upon or under the skin. However, cosmetic correction or enhancement of natural features (i.e. eyebrows, eyelids, lips, and nipples) is allowed within the context of the restrictions regarding the use of designs, letters, scrolls, figures, or symbols.

Variance. A variation of the lot size or width requirements, yard requirements, height restrictions, sign regulations, parking and loading requirements, or other development standards or uses from those set forth in the zoning ordinance, granted by the board of zoning appeals in accordance with the provisions of this ordinance where strict enforcement of the terms of the ordinance would create undue hardship, owing to the unique characteristics of the property for which the variance is sought.

Vision clearance on corner lots. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the height of 3½ and 12 feet above established grade, determined by a diagonal line connecting two points measured equidistant from the corner along each property line.

Waste.

a.

Industrial solid: Generally consists of such materials as wastewater treatment sludge (wastes with most of the water removed; semiliquid), agricultural wastes, plastics, oil, paint, metal, coal ash and is managed on-site in landfills, surface impoundments, land application units, and waste piles and/or to off-site land facilities, discharged to wastewater treatment plants and to surface waters.

b.

Hazardous: Regulated by the Resources Conservation and Recovery Act (RCRA, 1976) and its amendments, is any waste that is "corrosive, ignitable, reactive or toxic," or poses a substantial threat to human health and environment when improperly managed.

c.

Municipal solid: The refuse discarded by households, institutions and commercial establishments (as distinct from hazardous waste and sludge), and is disposed of in landfills, by incineration, is composted, recycled or re-used.

d.

Wastewater: The effluent (something that flows out) from industrial facilities, oil and gas operations, mining, agricultural runoff, municipalities, small businesses and households. When discharged from a pipe to surface water (point source), it is regulated under the Clean Water Act (CWA, 1972) and its amendments. Most wastewater from diffuse origins ("nonpoint" source), such as agricultural runoff or domestic septic systems, is not regulated.

e.

Yard: Plant clippings, pruning and other discarded materials from yards and gardens.

Waste disposal facility. A landfill, composting facility, incinerator, transfer station, or any similar use. This definition excludes salvaging, storage or processing of scrap, metal, paper, cloth or other material, and excludes junkyards.

Wireless communication facility. Any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions.

Yard, front. Horizontal space measured at 90 degrees with the property line between the front line of the principal building and the property line of the lot, unoccupied other than by a permitted vehicle parking space, architectural appurtenances, or accessory buildings which do not occupy more than 30 percent of the required rear yard.

Yard, rear. Horizontal space measured at 90 degrees to the rear lot line, between the rear of the principal building and the rear line of the lot, unoccupied other than by vehicle parking space, architectural appurtenances, or accessory buildings which do not occupy more than 30 percent of the required rear yard.

Yard, side. Horizontal space measured at 90 degrees to the side lot line between the side of a building and the adjacent side line of the lot, unoccupied other than by architectural appurtenances projecting not more than 24 inches, or open or lattice-enclosed fire escapes or fireproof outside stairways, projecting not over four feet.

Zone. Same as District.

(Ord. No. 01-06-02, § 3, 6-18-2001; Ord. No. 01-09-04, § 3, 9-17-2001; Ord. No. 2002-02-04, § 3, 2-18-2002; Ord. No. 2008-01-04, § 3, 2-4-2008; Ord. No. 2008-01-05, 1-22-2008; Ord. No. 2010-08-04, § 3, 8-2-2010; Ord. No. 2025-05-02, § 3, 5-19-2025)