DEFINITIONS NOT LISTED. The Land Code Administrator shall decide the definition of any word or phrase not defined in this Article. Any disagreement with the Land Code Administrator's interpretation shall be handled by formal appeal.

ANIMAL KENNEL: An establishment housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

ANIMAL SHELTER: The keeping of five (5) or more animals on any property not classified as an animal kennel or farm. This shall not apply to household pets kept inside a dwelling unit occupied by the owner.

AMUSEMENT ESTABLISHMENT: An establishment offering sports, theatrical productions, game playing, or similar amusements to the public within a fully enclosed building. This shall include but is not limited to bowling alleys, billiard parlors, and skating rinks. This shall not include recreation centers or such amusements which are accessory to churches, schools, or colleges.

ASSISTED LIVING FACILITY: A facility which offers non-convalescent nursing care by providing a special combination of housing, personalized assistance and limited health care designed to respond to the needs of those requiring assistance with activities of daily living. The facilities typically offer private rooms and may include communal dining halls, fitness centers, gift shops, barber/beauty salons, and medical examination rooms.

AUTOMOBILE SERVICE STATION: Any building, structure, or lot used for one or more of the following:

(1)

Dispensing, selling, or offering for retail sale, gasoline, kerosene, lubricating oil, or grease for the operation and maintenance of automobiles, including the sale and installation of tires, batteries and other minor accessories and services for automobiles; or

(2)

The business of repairing automobiles. This shall not include car washes, the rethreading and/or recapping of tires, or convenience stores which also sell gasoline or lubricating oil, but not other automotive accessories or services.

BED AND BREAKFAST INN: An operator-occupied residence where eight or fewer rooms are rented on an overnight basis, guests are served no more than one meal per day, no cooking facilities are provided in the rooms, and the length of stay does not exceed 14 consecutive days.

CAR WASH: A commercial establishment which washes automobile or other motor vehicles, whether or not in conjunction with other goods or services provided to customers.

CLINIC: Any building or portion thereof, the principal use of which is for offices of one or more licensed physicians, ophthalmologists, dentists, veterinarians, physical or occupational therapists, psychologists, or the like for the examination and treatment of persons or animals on an out-patient basis only.

CLUBS AND LODGES, CIVIC OR FRATERNAL: Private not-for-profit associations, corporations, or other entity consisting of persons who are bona fide paying members and which own, lease, or use a building, a parcel of land, or a portion thereof, the use of such premises being restricted primarily to members and their guests, including offices for local, state and regional officials of that organization.

CONVENIENCE STORE: A retail store with a floor area of less than 5,000 square feet, which sells groceries, gasoline, and/or beer and light wine, and is open 15 to 24 hours a day, but not including an automobile service station

DAY CARE FACILITY, LARGE: A day care facility for the care and keeping of five or more persons regardless of age.

DAY CARE FACILITY, SMALL: A day care facility for the care and keeping of less than five persons regardless of age.

DWELLING: A building or portion thereof which is designed, arranged, or used for permanent living quarters for one or more families. This term shall not include a motel, hotel, guest house or other structure designed for transient residence.

DWELLING, DUPLEX: A building which contains two dwelling units which share a common wall and sit on the same lot, with open yards on all sides and not being attached to any other building.

DWELLING, GARAGE APARTMENT: A dwelling unit erected above a private garage adjacent to a single-family dwelling on the same lot. No more than one dwelling unit may be included in a garage apartment.

DWELLING, MANUFACTURED OR MOBILE HOME: A structure, transportable in one or more sections, which in the traveling mode is at least eight (8) feet wide or 40 feet long, or which when erected on site is at least 250 square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation. This term does not include a recreational vehicle. In case of a conflict regarding this definition, the current definition adopted by the State Fire Marshal shall govern.

DWELLING, MIXED USE: One to three dwelling units located in a building which is used and zoned commercially. At least 90% of the first floor facade facing the street must be used for commercial purposes. No more than 60% of the first floor space may be used for dwellings.

DWELLING, MODULAR HOME: A structure which is:

(i)

Transportable in two or more sections;

(ii)

Designed to be used as a dwelling when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems with the home; and

(iii)

Certified by its manufacturers as being constructed in accordance with a nationally recognized building code; and

(iv)

Designed to be permanently installed at its final destination on an approved foundation constructed in compliance with a nationally recognized building code.

The term "modular home" does not include manufactured housing as defined by the National Manufactured Housing Construction Safety Standards Act of 1974 nor any dwelling meeting the definition of a manufactured or mobile home given herein. In case of a conflict regarding this definition, the current definition adopted by the State Fire Marshal shall govern.

DWELLING, MULTI-FAMILY: A building, other than a townhouse, which contains three (3) or more dwelling units. The land underneath the individual units is not divided into separate lots. This shall include any such building regardless of the form of ownership (condominium or rental) of the individual dwelling units therein and does not include a duplex, townhouse or any other type of dwelling where each unit is located on its own individual lot.

DWELLING, SINGLE-FAMILY: A building containing one dwelling unit and located on an individual lot that is not attached to any other dwelling by any means and is surrounded by open space or yards. This term shall not include any type of dwelling otherwise defined herein.

DWELLING, TOWNHOUSE: A two-story single-family dwelling attached to one or more such units. Each unit has its own front and rear access to the outside. No unit is located over another unit. Each unit is separated by fire-resistant walls that extend through the roof line so as to create separate roofs for each townhouse.

DWELLING UNIT: A building, or portion of a building, designed, occupied or intended for occupancy as a separate living quarter, with sleeping, cooking, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. This term shall not include a motel, hotel, guest house or other structure designed for transient residence.

GUEST HOUSE: A dwelling unit located on the same lot as a principal single-family dwelling unit which is occupied by the property owner, members of his family, or caretaker and which is served by the same water, electric and gas meter as the main structure.

GOLF COURSE: A course with nine or more holes for playing golf, including any accessory driving range, clubhouse, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term shall not include miniature golf courses as a principal or accessory use, nor shall it include driving ranges which are not accessory to a golf course.

GROUP CARE FACILITY: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. A group care facility may include half-way houses, recovery homes, and homes for orphans, foster children, the elderly, battered children and women. It would include a specific treatment providing less than primary health care.

HOME BUSINESS: A home business which allows customers and other activities as specified herein.

HOME OCCUPATION: An occupation or profession which involves the rendering of a service in exchange for monetary fees or other remuneration, is conducted wholly within a dwelling unit by a member of the family residing therein, and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. This occupation can in no way be apparent from the outside by signs, traffic generation, etc.

JUNKYARD: Any land used, in whole or in part, for the storage, dismantling, or sale of waste paper, rags, scrap metal, inoperable motor vehicles, inoperable machinery, or other junk. This shall not include operations totally conducted within an enclosed building or the exterior storage of equipment (not vehicles) in an industrial area. This shall not include a publicly owned landfill, solid waste transfer facility, or other public utility facility, or a recycling and salvage operation.

LABORATORY, RESEARCH: A facility which is designed or equipped for basic or applied research or experimental study, testing, or analysis in the natural sciences or engineering, including any educational activities associated with and accessory to such research.

MANUFACTURING, HEAVY: The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of other properties in terms of noise, smoke, fumes, odors, glare, or health or safety hazards, or that otherwise do not constitute light manufacturing. [The term] "heavy manufacturing" shall include, but not be limited to, the following: enameling, lacquering, or the plating or galvanizing of metals; foundries producing iron and steel products; industrial chemical manufacture; meat packing plants; mixing plants for concrete or paving materials, and manufacture of concrete products; oxygen manufacture and/or storage; pottery, porcelain, and vitreous china manufacture; poultry dressing for wholesale; pressure treating of wood; stonecutting; and tire recapping and rethreading. This shall not include resource extraction or recycling and salvage operations.

MANUFACTURING, LIGHT: The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building. This shall not include uses that constitute heavy manufacturing, resource extraction, or recycling and salvage operations.

NURSING HOME: A home for elderly, chronically ill, or incurable persons, or a place of rest for those suffering bodily disorders, in which three or more persons, not members of a family, residing on the premises, are provided with food, lodging, and primary health care, including congregate care facilities but not including clinics or group care facilities.

OFFICE: A use or building where business is conducted which does not primarily involve the sale or transfer of goods by the business to the customer at that location. This includes, but is not limited to, general business offices, government offices, insurance offices, law offices and real estate sales and management offices.

OFF-STREET PARKING:

PERSONAL SERVICE ESTABLISHMENTS: A business which provides personal services directly to customers at the site of the business, or which receives goods from or returns goods to customers which have been treated or processed at that location or another location. This includes, but is not limited to, travel agencies, dry-cleaners, laundries, tailors, cosmeticians, toning or tanning salons, package delivery drop-off and pick-up stations, photocopy centers, shoe repair shops, appliance repair shops, interior design studios, martial arts studios, and domestic pet services. This shall not include automobile service stations.

RECREATIONAL CENTER: A building, enclosed structure, or facility for use by the public for recreational clubs and activities, such as country clubs, tennis courts, swimming pools, and/or gymnasiums. This shall include outdoor amphitheaters.

RECREATIONAL VEHICLE: A vehicle which is:

(a)

Built on a single chassis;

(b)

400 square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or towable by a light-duty truck; and

(d)

Designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use.

RECYCLING OR SALVAGE OPERATION: A facility, other than a recycling drop-off station, for the collection, handling, sorting, storage, processing, compaction, purchase, and/or resale of paper, metal, plastic, glass, or cloth materials that are disposed of by households or by nonresidential uses. This shall not include junkyards.

RECYCLING DROP-OFF STATION: One or more outdoor containers designed and intended for the depositing of clean, separated, and recyclable paper, metal, glass, or plastic materials and the collection of such materials for processing at another location, but itself having no mechanical facilities for the processing of such materials.

RESOURCE EXTRACTION: Extraction of minerals, ores, soils, and any other solid matter from its original location, including but not limited to quarrying, open-pit mining, drilling, tunneling, strip mining and any other such activities.

RETAIL STORE: A building used for the sale of goods, products, or materials directly to the consumer. This includes but is not limited to clothing stores, appliance stores, bakeries, food stores, grocers, caterers, pharmacies, book stores, florists, furniture stores, hardware stores, pet stores, toy stores, and variety stores. It does not include restaurants, personal service establishments, convenience stores, or amusement establishments.

UTILITY SUBSTATIONS: Water storage tanks, electric or gas substations, water or wastewater pumping stations, telephone repeater stations, or similar structures used as an intermediary switching, boosting, distribution, or transfer station of electricity, natural gas, water, wastewater, cable television, or telephone services between the point of generation or treatment and the end user.

WAREHOUSING OR DISTRIBUTION ESTABLISHMENT: A business or government agency operation for which the primary purpose is:

(1)

The storage of goods, materials, vehicles, trailers, or boats; or

(2)

The distribution of goods and materials to another location for the purposes of resale or use at the place distributed to.

This shall include offices located on the same property in conjunction with such uses. This shall not include heavy manufacturing, resource extraction, scrap operations, or salvage operations.