03 - RULES AND DEFINITIONS
The following rules shall apply in interpreting this title unless the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and words used in the plural shall include the singular, and words in the present tense shall include the past.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is discretionary and not mandatory.
D.
The word "lot" shall include the words "piece" and "parcel".
E.
The word "building" shall include all structures of every kind.
F.
The phrase "used for" shall include the phrases "arranged for", "intended for", "maintained for", and "occupied for".
G.
The word "council" is the Mayor and the Council.
(Ord. 4-1995 § 2, 1995)
Accessory Structure or Use: A building or use which:
A.
is subordinate to and separate from and serves a principal building or principal use;
B.
is subordinate in area, extent or purpose to the principal building or use served;
C.
is located on the same zoning lot as the principal structure or use.
Accessory uses or buildings include, but are not limited to, the following:
1.
Home occupations;
2.
Household pets;
3.
Satellite dishes;
4.
Private swimming pools;
5.
Greenhouses;
6.
Storage sheds;
7.
Garages, automobile parking;
8.
Storage of trailers, campers, motor homes, boats, snow vehicles, and other similar recreational vehicles located in rear yard.
Addition: An extension or increase in floor area or height of a building or structure.
Adult Business: A commercial establishment having as a principal activity an adult business. "Principal activity" is a use accounting for 20 percent or more of the business's stock in trade, display space, floor space or movie display time per month for adult activities characterized by an emphasis on matter depicting, describing or relating to the following exposed bodily parts: buttocks, genitals, pubic area or female breasts. Intended to include massage parlors as defined by state statute.
Adult Daycare: Both health and social services provided on a regularly scheduled basis (less than 24 hours) in an environment to ensure optimal functioning of the client. Adult daycare is further defined as follows:
A.
Maintenance model: One which provides services in health monitoring and individual and group therapeutic and psychological activities which serve as an alternative to long term nursing care.
B.
Restorative model: One which provides intensive health supportive services prescribed to serve as an alternative to rehabilitation hospitalization.
Note: State rules and regulations governing adult daycare facilities may be amended from time to time and must be complied with before a facility shall be licensed.
Advertising Sign: See definition of Sign.
Alley: A minor public way which is used primarily for secondary vehicular service access to the rear of or side of properties otherwise abutting a street.
Alteration: See definition of Structural Alteration.
Arcade: A commercial establishment having as a principal activity electronic games, pinball machines and video games. "Principal activity" is a use accounting for 20 percent or more of the business's floor space for electronic games, pinball machines and video games.
Assisted Living: A facility which provides room and board, personal care, and homemaker, social and health services to the aged or infirm.
Automobile Service Station: See definition of Gasoline Service Station.
Awnings: A structure which may overhang a public or private pedestrian walkway to provide protection from the elements.
Block: A piece of land usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open space and not traversed by a through street.
Boarding, Lodging, Rooming, or Tourist Home: A dwelling other than a motel or hotel in which accommodations with or without meals are provided for not more than four guests, exclusive of the occupant's family, for compensation.
Building: Any structure used or intended for supporting or sheltering any use or occupancy.
Building Coverage: The amount of land covered or permitted to be covered by a building usually measured in terms of percentage of lot.
Building Height: The vertical distance from the established grade elevation to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of the structure:
A.
The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the structure when such sidewalk or ground surface is not more than ten feet above lowest grade;
B.
An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection A of this definition is more than ten feet above lowest grade. The height of a stepped or terraced structure is the maximum height of any segment of the structure.
Building, Principal: A structure which contains the main or principal use of the lot and which does not meet the definition of "accessory structure or use".
Building, Temporary: A structure not permanently attached to a foundation during the construction of a permanent structure on the same site for a period not exceeding one year.
Bulk: The term used to indicate size, setback, and location of structures with respect to each other on a single zoning lot, including the following specifications:
A.
Size of structures;
B.
Location of exterior walls at all levels in relation to lot lines, streets, or other structures;
C.
Gross floor area of structures in relation to a lot area;
D.
Amount of lot area provided per dwelling unit.
Camper: See definition of travel trailer.
Camper Trailer: See definition of travel trailer.
Certificate of Occupancy: Official certification that a premises conforms to provisions of this title, Building Code and all other applicable City ordinances, and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued, a structure cannot be occupied.
Clinic: An institution associated with a hospital or medical school that deals mainly with outpatients or a medical institution run by several specialists working cooperatively.
Club or Lodge, Private: A nonprofit association of persons which owns or leases a building, or portion thereof, and uses such structures by members and their guests only.
Commercial Zones: Zoning districts designated for commercial uses including C-1 and C-2 on the Yuma zoning map.
Common Wall: A wall which physically binds together two or more units or spaces within the same building which are owned or occupied by separate interests.
Comprehensive Master Plan: A document approved by the City Council and which may include, among other things, the general location, character and extent of streets, parks, playgrounds, airports, and other public spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; the general location, character, layout and extent of community centers and neighborhood units; and the extent and layout of the replanning of blighted areas.
Conditional Use: The use of land, structure, or both that may be allowed with conditions deemed necessary upon approval of the City Council.
Condominium: An individual air space unit together with the interest in the common elements appurtenant to such unit.
Construction, New: Structures for which the "start of construction" commenced on or after the effective date of this title.
Cul-de-Sac: A dead end street terminating in a vehicular turnaround area.
Density: A measure of the number of dwelling units or principal buildings per acre allowed in each zone district. "Gross density" is the maximum allowable density in each zone and is calculated by dividing the total number of dwellings or buildings by the overall site acreage, not including streets or public ways.
Development: Any manmade change to improved or to unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
Drive-in Establishment: A commercial establishment arranged so that traffic circulates on site, and some or all patrons may remain in their vehicles.
Dwelling: Any structure used or intended for supporting or sheltering human habitation.
Dwelling, Mobile Home, Special Purpose: A mobile home of any class, which is used to support the use of certain property for schools, churches, hospitals, and nursing homes. For the purpose of this definition, the mobile home shall not be considered an additional principal building as pertains to section 17.06.607.3 of this title.
Dwelling, Multiple: A building used exclusively for three or more families living independently in separate dwelling units with common walls but not including motels, hotels, and resorts.
Dwelling, Single-Family: A building used exclusively for one family and containing one dwelling unit.
Dwelling, Two-Family (Duplex): A building used exclusively for two families and containing two separate dwelling units separated by a common wall on a single lot.
Dwelling Unit: One or more rooms connected together which may be in the same building but which constitute a physically separate, independent housekeeping establishment for owner occupancy, rental, or lease; but not including hotels, motels, structures not attached to permanent foundations, or units not constructed in full compliance with the Building Code as adopted by the City of Yuma.
Easement: A right given by the owner of land to another party for specific limited use of that land.
Extension: An increase in the amount of existing use within an existing building or an increase in one area of land occupied or developed to a use.
Family: An individual, or two or more persons related by blood, marriage, or legal adoption, or a group of not more than four persons who are not related by blood, marriage or legal adoption, living together in a dwelling unit.
Fence: A structure of fencing material and/or plants used to enclose any lot or part of a lot with the purpose and intent of preventing passage or causing privacy.
Fifty Foot Line of Sight Clearance: The triangular area formed by:
A.
The lines extending from any corner of a corner lot adjacent to two intersecting public roadways to a distance of 50 feet along both curb lines from the corner (constituting two sides); and
B.
The diagonal connecting such lines (constituting the third side).
Final Plat: A map or chart of the subdivision, which shows boundaries of said lots, tracts or parcels and original parcel from which they were created, as a result of a monumented land survey.
Flea Market: The sale of merchandise by several businesses as part of an open market operation. Approved as a conditional use only.
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waves and/or the unusual and rapid accumulation or runoff of surface waters from any source.
Floor Area, Minimum: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, courts, basement and additional floors, but including garages. The floor area of a structure, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
Garage, Motor Vehicle Repair and Service: A business establishment used for repair, rebuilding, reconstruction, painting, inside storage, and/or servicing of vehicles which includes towing and wrecker service, but which does not include the storage or dismantling of wrecked motor vehicles or storage of junk.
Garage Sale: A retail sale conducted by the occupant of a single-family residence, or mobile home, or the owner/manager of a multi-family residence, or several families together. No garage sale shall be held longer than a 72-hour period and no property shall be the site of a garage sale more than one time per month.
Gasoline Service Station: A structure or property on or in which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles and which may include, as an incidental use, the retail sale and installation of vehicle accessories, the making of minor repairs, and facilities for washing and servicing of not more than three vehicles if completely enclosed in a structure.
Grade: The lowest point of elevation of the finished surface of the ground paving or sidewalk within the area between the structure and the property line, or when the property line is more than five feet from the building between the structure and a line five feet from the structure.
Group Home: No more than eight nonrelated persons living together in a dwelling unit with an adult(s) acting as surrogate parent(s), guardian(s), or caretaker residing on the premises.
Home Occupation: An activity for gain conducted within a dwelling (or building or structure), carried on by the inhabitants of said dwelling and which is clearly incidental and secondary to the use of the dwelling for residential purposes. Additional regulations governing home occupations are located in chapter 17.06 of this title.
Hospital: A building used for the diagnosis, treatment and care of human ailments, but not including medical clinics, rest homes, convalescent homes, nursing homes, and retirement homes.
Hotel or Motel: A building or group of buildings containing guestrooms designed to be rented for temporary occupancy on a transient basis for compensation but not meeting the definition of Boarding, Lodging, Rooming, or Tourist Home.
Industrial and Business Classifications: For purposes of further defining industrial and business operations, the following terms have the following meanings:
Extraction: Removal of physical matter in a solid, liquid, or gaseous state from its naturally occurring location; the initial step in the utilization of a natural resource.
Manufacture/Fabrication: Change in the physical shape of matter; the final step in the utilization of a natural resource.
Material: The substance or substances out of which a thing is or may be constructed or manufactured.
Processing: Change in the physical state or chemical composition of matter; the second step in the utilization of a natural resource.
Repair: Restoration of a damaged or nonoperating object to its original physical shape or operational function.
Storage: The retention and safekeeping of goods in a warehouse or depository, including open storage.
Industrial Zones: Zoning districts designated for industrial uses including I-1 and I-2 on the Yuma zoning map.
Junkyard and Recycling Facilities: An area where scrap metal, paper, rags, tires and/or used materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, or where machinery or motor vehicles not in running condition are collected, dismantled, stored, or sold for parts. Any use conducted entirely within an enclosed building is not a junkyard.
Kennel: Any building, structure, or open space devoted wholly or partly to the raising, breeding, or harboring of four or more animals that are more than four months old.
Livestock: Any goat, sheep, swine, cattle, buffalo, cattalo, horse, mule, ass, ducks, geese, turkeys, chickens, domestic fowl, or alternative livestock as defined in Colorado Revised Statutes § 35-41.5-102(1), as amended.
Loading Berth: A space for truck traffic to maneuver on private property to utilize the loading dock.
Lot: Any continuous parcel of land legally defined by survey abutting a dedicated public way, except that a lot in a residential district need not abut a dedicated public way where access is provided by reservation, deed, covenant, or contract. Types of lots:
Corner Lot: A lot abutting two or more streets at their intersection or upon two parts of the same street and where, in either case, the interior angle formed by the intersection of street lines does not exceed 135 degrees.
Interior Lot: A lot other than a corner lot with one frontage on a street other than the alley.
Reversed Corner Lot: A corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.
Through Lot: A lot which has public streets adjoining both front and back lot lines.
Lot Area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. The lot area required for zoning compliance shall be land other than that under any water body or wetland. Lot area shall be calculated on a square footage basis with an acre equaling 43,560 square feet.
Lot Coverage: The percentage of total lot area covered by structures, roofs, and/or used for vehicular access and storage.
Lot Frontage: That portion of a lot fronting upon and providing rights of access to a dedicated street. Lot frontage shall be measured continuously along only one street.
Lot Line: The lines bounding a lot as defined below:
Front Lot Line: The line separating the lot from the street on the narrow side.
Rear Lot Line: The line opposite the front lot line.
Side Lot Line: Any lot line other than front lot line or rear lot line.
Lot of Record: A lot for which a recorded plat or deed shows that it was owned separately and individually from adjoining tracts of land at a time when the recording of a lot of such area, depth and width in the same location would not have been prohibited by the ordinance in effect at the time.
Lot Width: The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.
Manufactured Home: See definition of mobile home: mobile home, Class A.
Mobile Home: For the purposes of construction inspection and certification, a structure, transportable in one or more sections, which is eight feet or more in width and which is built on a permanent chassis and designed to be used as a dwelling without permanent foundation when connected to required utilities and has the plumbing, heating, and electrical systems contained therein.
Mobile Home, Class A: New mobile homes certified as meeting the manufactured home construction and safety standards of the Department of Housing and Urban Development and approved as meeting "acceptable similarity" appearance standards.
"Acceptable similarity" defined:
A.
Is partially or entirely manufactured in a factory.
B.
Is not less than 28 feet in width and 40 feet in length.
C.
Is installed on an engineered permanent foundation.
D.
Has brick, wood, or cosmetically equivalent exterior siding.
E.
Has a minimum roof pitch of 4:12.
F.
Is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 USC 5401 et seq., as amended.
The standards for acceptable similarity will be enforced by the City Manager or designee.
Mobile Home, Class B: New mobile homes certified as meeting HUD manufactured home construction and safety standards, but not approved as meeting "acceptable similarity" appearance standards. Must be a minimum of 24 feet in width and 36 feet in length.
Mobile Home, Class C: New mobile homes certified as meeting acceptable prior code or codes, or used mobile homes certified as meeting either the HUD standards specified above or such prior code, found on inspection to be safe and fit for residential occupancy. Must be a minimum of 24 feet in width and 36 feet in length.
Mobile Home, Class D, E: Used mobile homes, whether or not certified as meeting HUD or prior codes, found on inspection to be safe and fit for residential occupancy.
Mobile Home Park: A parcel of land which has been planned, designated and developed for long term residential use and intended for rent or lease exclusively for mobile homes.
Mobile Home Park Permit: A permit granted under this title by the City Council, after review by the City Manager; authorizing the operation, establishment, installation, or expansion of a mobile home park. This permit is in addition to and not in lieu of building permits that may be required for construction, alteration or expansion of a mobile home park.
Mobile Home, Permanent Addition: Any structural extension from any portion of a mobile home, not including temporary canvas or aluminum awning.
Mobile Home Space: A parcel of ground within a mobile home park designed for accommodation of a mobile home dwelling together with accessory structures.
Mobile Home Subdivision: A parcel of land which has been subdivided into lots, designated and developed for long term residential use and intended for sale where the residences are comprised of mobile homes.
Modular Home: A manufactured, factory or site assembled structure designed as a dwelling unit or units to be placed upon a permanent foundation constructed in accordance with the building code adopted by the City of Yuma, Colorado, and meeting acceptable similarity standards.
Motor Home: See definition of Travel Trailer.
Nonconforming Building: Includes any legally existing structure which does not conform to the applicable regulations of the zoning district in which such "nonconforming building" is located, either at the effective date of this title or as a result of subsequent amendments which may be incorporated into this title.
Nonconforming Lot: A legally created lot not conforming to current lot areas or requirements resulting from subsequent adoption or amendment of such requirements.
Nonconforming Use: Includes any legally existing use whether within a structure or on a tract of land which does not conform to the use regulations of this title for the zoning district in which such nonconforming use is located either at the effective date of this title or as a result of subsequent amendments which may be incorporated into this title.
Nursing Home; Convalescent Home: An establishment with continuous day and night facilities providing room and board, personal service, and nursing care for the aged or infirm.
Occupancy: The purpose for which a building, or part thereof, is used or intended to be used.
Off Street Parking: Any parking area surfaced with gravel, concrete or asphalt located wholly within the limits of one or more lots.
Open Space: Land that is intentionally left free of development for recreation, resource protection, amenities, aesthetics, hazard avoidance, or buffering purposes and that is protected by the provisions of this and/or other ordinances to ensure that such lands remain in such uses. Any development which is necessary to or customarily associated with open space uses shall be permitted only upon compliance with the provisions of this and other governing ordinances.
Outdoor Storage: The storage of materials, equipment, or commodities exterior of a walled structure. Such materials, equipment or commodities shall not include operable vehicles such as those stored as part of a new or used car lot or a parking lot.
Park: Land retained in an open condition for recreational use which may be improved with facilities associated with outdoor recreational activities. All facilities shall be built and maintained by either a unit of government, by a nonprofit corporation, or by private interest(s) as a part of a larger subdivision or development of land for use by the inhabitants thereof. Ownership of the land may be deeded or reserved to a property owners' association or it may be dedicated to the public.
Petroleum and Agricultural Product Fuel Production, Distribution and Storage: The production of fuel from petroleum and agricultural sources, to include the manufacturing, storage and distribution of ingredients, products and byproducts.
Preliminary Plat: The map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.
Preschool: Educational facilities for any children not old enough to be in kindergarten.
Professional Office: An office for professions, such as physicians, dentists, lawyers, architects, engineers, artists, designers, teachers, musicians, accountants, and others, who through training are qualified to perform services of a professional nature and where no storage or sales of merchandise exists.
Projections (into Yards): Parts of structures such as architectural features which are exempted to a specified amount from the "yard" requirements of the zoning ordinance. This refers to bay windows, eaves, uncovered porches, and chimneys.
Public Building or Use: Any structure open to the general use, participation, or enjoyment of the public and used by the municipality, county, state, or federal government, or any subdivision thereof.
Public Notice: A legal notice published in a newspaper of general circulation and/or mailed to property owners and interested parties which informs the public of the date, time, place, items of discussion and their location, where pertinent, which are to be acted upon in a public hearing.
Public Utility: Those facilities customarily utilized by a public utility corporation, municipality, or municipal authority such as substations, pumping stations, reservoirs and transmission lines.
Replat: The platting of a previously platted subdivision where lot lines are adjusted but where easements and public dedicated property lines remain unaltered.
Residential Zones: Zoning districts designated for residential uses, including R-1, R-2, and R-3 on the Yuma zoning map.
Retirement Home: An establishment used as a multiple dwelling residence for retired persons in separate dwelling units with limited accessory services such as recreation and other common facilities, but not including nursing or hospital care.
Right-of-Way: Land set aside for use as a street, alley, or space for utility lines.
Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, satellite dishes, and satellite microwave antennas.
Schools, Colleges: A public or private institution of higher learning (beyond grade 12) providing courses as approved by the Colorado Department of Education or licensed by any agency of the State of Colorado.
Schools, Commercial: A building or group of buildings where instruction is given to pupils in arts, crafts, or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.
Schools, Public, Private, and Parochial: A school for any grades between kindergarten and twelfth teaching accredited courses of instruction as approved by the Colorado Department of Education.
Setback: The distance between any property line and wall or support of structure not to include projections; however, no projection shall be over a property line. Setbacks are not applicable for fences except where specifically indicated.
Sign: Any device for visual communication which is intended to, or in fact does, direct attention of the public whether by means of words, letters, trademarks, pictures, designs, objects, or by any other means.
Solid Waste: Garbage, refuse, sludge of sewage disposal plants, and other discarded solid materials resulting from industrial, commercial, and community activities, but does not include agricultural waste.
Standards of Development: Regulations pertaining to the physical development of a site including requirements pertaining to yards, heights, lot area, fences, walls, landscaping area, open space, access, parking, signs, setbacks, and other physical requirements.
Street: Any public or private right of way used for or intended to be used for passage or travel by motor vehicles and affording a principal means of access to abutting property. "Street" shall include such terms as highway, road, avenue, boulevard, lane, place, or however otherwise designated.
Street, Arterial: A limited access street of great continuity, existing or planned which serves as a principal trafficway carrying traffic volumes from one side of the City to the other.
Street, Collector: A street carrying traffic from local streets to arterial streets within the community.
Street, Local: A street of very limited continuity which serves or is intended to serve a small number of dwelling units.
Street Plan: A part of the extraterritorial agreement with Yuma County showing location and dimensions of principal streets.
Structural Alteration: Any change, addition, or modification in construction.
Structure: A purposeful combination of materials fixed to the ground, or to some other structure. Structures include buildings, towers, masts, sheds, roofed storage areas, mechanical equipment, and signs. Structures do not include fences, walls, driveways, walkways, other paved areas or public utility lines and cables.
Structure, Permanent: A structure which is built of such materials and in such a way that it would commonly be expected to last and remain useful for an indefinite period of time given proper maintenance and repair.
Structure, Temporary: A structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short, useful life, or is intended to be used for a short term only.
Subdivider: Any person, group or corporation acting as a unit, or any agent thereof, dividing or proposing to divide land so as to constitute a "subdivision" as defined in this section.
Subdivision: 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 building development.
Tower (Radio and TV): The structure on which transmitting and/or receiving antennas are located.
Trailer: Any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways.
Trailer Park: An area clearly defined and separate from a mobile home park area, with individual parking lots, which may or may not have facilities for temporary connection with electrical and plumbing outlets to travel trailers, campers and motor homes.
Travel Trailer: A vehicle portable structure built on a chassis (other than a "mobile home" as defined in this section) designed to be used as a temporary dwelling for travel, recreational and vacation use and equipped for the road. It may be a self-propelled motor home or designed to be towed or carried by a separate vehicle, and may be self-contained with bath and toilet facilities or classified as a dependent type without bath and toilet facilities. Except as otherwise specifically provided, the provisions of this definition will also apply to campers mounted on a truck chassis, tent type trailers, and all such vehicles and equipment shall be considered to fall within the definition of travel trailer.
Twenty Foot Line of Sight Clearance: The triangular area formed by:
A.
The lines extending from any corner of a corner lot adjacent to two intersecting public roadways to a distance of 20 feet along both curb lines from the corner (constituting two sides); and
B.
The diagonal connecting such lines (constituting the third side).
Use: Goal, object, purpose or activity of property allowed to be carried on under the zoning regulations in that particular district.
Veterinary Hospital: A building used for the diagnosis, treatment and care of animals or pets, including the boarding of animals for limited periods of time. It may include outdoor runs and pens.
Yard: An open, unoccupied space, other than court, unobstructed from the ground to the sky, except where specifically provided by this title, on the lot on which a structure is situated.
Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the structure.
Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.
Yard, Side: A yard extending across the full width of the lot between the front lot line and the line created by the front walls of the principal building, not to include on ground projections.
Zoning Compliance Permit: An official finding that a planned use of a property, as indicated by an application, complies with the requirements of the zoning ordinance or meets special requirements of a conditional use permit.
Zoning Lot: Is either:
A.
A lot of record existing on the effective date of this title or any applicable subsequent amendment thereto, or
B.
A tract of land either unsubdivided or consisting of two or more contiguous lots of record which, on the effective date of this title or any applicable subsequent amendment thereto, was in single ownership, or
C.
A tract of land, located within a single block, which at the time of filing for a building permit (or if no building permit is required, at the time of filing for a zoning compliance permit), is designated by its owner or developer as a tract all of which is to be used, developed, or built upon as a unit under single ownership.
Zoning Yard: A setback concerning parking spaces to keep cars from protruding beyond parking lots into public right-of-way or street.
(Ord. 4-1995 § 2, 1995; Ord. 20-1996 §§ 2, 13, 1996; Ord. 2-1997 § 1, 1997; Ord. 3-1997 § 1, 1997; Ord. 7-1997 §§ 1, 15, 1997; Ord. 5-1999 § 1, 1999; Ord. 4-2003 § 1, 2003; Ord. 16-2005 § 2, 2006; Ord. 21-2006 § 1, 2006; Ord. 12-2010, 2010; Ord. 20-2018, 2018; Ord. 2-2019, 2019)
03 - RULES AND DEFINITIONS
The following rules shall apply in interpreting this title unless the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and words used in the plural shall include the singular, and words in the present tense shall include the past.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is discretionary and not mandatory.
D.
The word "lot" shall include the words "piece" and "parcel".
E.
The word "building" shall include all structures of every kind.
F.
The phrase "used for" shall include the phrases "arranged for", "intended for", "maintained for", and "occupied for".
G.
The word "council" is the Mayor and the Council.
(Ord. 4-1995 § 2, 1995)
Accessory Structure or Use: A building or use which:
A.
is subordinate to and separate from and serves a principal building or principal use;
B.
is subordinate in area, extent or purpose to the principal building or use served;
C.
is located on the same zoning lot as the principal structure or use.
Accessory uses or buildings include, but are not limited to, the following:
1.
Home occupations;
2.
Household pets;
3.
Satellite dishes;
4.
Private swimming pools;
5.
Greenhouses;
6.
Storage sheds;
7.
Garages, automobile parking;
8.
Storage of trailers, campers, motor homes, boats, snow vehicles, and other similar recreational vehicles located in rear yard.
Addition: An extension or increase in floor area or height of a building or structure.
Adult Business: A commercial establishment having as a principal activity an adult business. "Principal activity" is a use accounting for 20 percent or more of the business's stock in trade, display space, floor space or movie display time per month for adult activities characterized by an emphasis on matter depicting, describing or relating to the following exposed bodily parts: buttocks, genitals, pubic area or female breasts. Intended to include massage parlors as defined by state statute.
Adult Daycare: Both health and social services provided on a regularly scheduled basis (less than 24 hours) in an environment to ensure optimal functioning of the client. Adult daycare is further defined as follows:
A.
Maintenance model: One which provides services in health monitoring and individual and group therapeutic and psychological activities which serve as an alternative to long term nursing care.
B.
Restorative model: One which provides intensive health supportive services prescribed to serve as an alternative to rehabilitation hospitalization.
Note: State rules and regulations governing adult daycare facilities may be amended from time to time and must be complied with before a facility shall be licensed.
Advertising Sign: See definition of Sign.
Alley: A minor public way which is used primarily for secondary vehicular service access to the rear of or side of properties otherwise abutting a street.
Alteration: See definition of Structural Alteration.
Arcade: A commercial establishment having as a principal activity electronic games, pinball machines and video games. "Principal activity" is a use accounting for 20 percent or more of the business's floor space for electronic games, pinball machines and video games.
Assisted Living: A facility which provides room and board, personal care, and homemaker, social and health services to the aged or infirm.
Automobile Service Station: See definition of Gasoline Service Station.
Awnings: A structure which may overhang a public or private pedestrian walkway to provide protection from the elements.
Block: A piece of land usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open space and not traversed by a through street.
Boarding, Lodging, Rooming, or Tourist Home: A dwelling other than a motel or hotel in which accommodations with or without meals are provided for not more than four guests, exclusive of the occupant's family, for compensation.
Building: Any structure used or intended for supporting or sheltering any use or occupancy.
Building Coverage: The amount of land covered or permitted to be covered by a building usually measured in terms of percentage of lot.
Building Height: The vertical distance from the established grade elevation to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of the structure:
A.
The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the structure when such sidewalk or ground surface is not more than ten feet above lowest grade;
B.
An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection A of this definition is more than ten feet above lowest grade. The height of a stepped or terraced structure is the maximum height of any segment of the structure.
Building, Principal: A structure which contains the main or principal use of the lot and which does not meet the definition of "accessory structure or use".
Building, Temporary: A structure not permanently attached to a foundation during the construction of a permanent structure on the same site for a period not exceeding one year.
Bulk: The term used to indicate size, setback, and location of structures with respect to each other on a single zoning lot, including the following specifications:
A.
Size of structures;
B.
Location of exterior walls at all levels in relation to lot lines, streets, or other structures;
C.
Gross floor area of structures in relation to a lot area;
D.
Amount of lot area provided per dwelling unit.
Camper: See definition of travel trailer.
Camper Trailer: See definition of travel trailer.
Certificate of Occupancy: Official certification that a premises conforms to provisions of this title, Building Code and all other applicable City ordinances, and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued, a structure cannot be occupied.
Clinic: An institution associated with a hospital or medical school that deals mainly with outpatients or a medical institution run by several specialists working cooperatively.
Club or Lodge, Private: A nonprofit association of persons which owns or leases a building, or portion thereof, and uses such structures by members and their guests only.
Commercial Zones: Zoning districts designated for commercial uses including C-1 and C-2 on the Yuma zoning map.
Common Wall: A wall which physically binds together two or more units or spaces within the same building which are owned or occupied by separate interests.
Comprehensive Master Plan: A document approved by the City Council and which may include, among other things, the general location, character and extent of streets, parks, playgrounds, airports, and other public spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; the general location, character, layout and extent of community centers and neighborhood units; and the extent and layout of the replanning of blighted areas.
Conditional Use: The use of land, structure, or both that may be allowed with conditions deemed necessary upon approval of the City Council.
Condominium: An individual air space unit together with the interest in the common elements appurtenant to such unit.
Construction, New: Structures for which the "start of construction" commenced on or after the effective date of this title.
Cul-de-Sac: A dead end street terminating in a vehicular turnaround area.
Density: A measure of the number of dwelling units or principal buildings per acre allowed in each zone district. "Gross density" is the maximum allowable density in each zone and is calculated by dividing the total number of dwellings or buildings by the overall site acreage, not including streets or public ways.
Development: Any manmade change to improved or to unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
Drive-in Establishment: A commercial establishment arranged so that traffic circulates on site, and some or all patrons may remain in their vehicles.
Dwelling: Any structure used or intended for supporting or sheltering human habitation.
Dwelling, Mobile Home, Special Purpose: A mobile home of any class, which is used to support the use of certain property for schools, churches, hospitals, and nursing homes. For the purpose of this definition, the mobile home shall not be considered an additional principal building as pertains to section 17.06.607.3 of this title.
Dwelling, Multiple: A building used exclusively for three or more families living independently in separate dwelling units with common walls but not including motels, hotels, and resorts.
Dwelling, Single-Family: A building used exclusively for one family and containing one dwelling unit.
Dwelling, Two-Family (Duplex): A building used exclusively for two families and containing two separate dwelling units separated by a common wall on a single lot.
Dwelling Unit: One or more rooms connected together which may be in the same building but which constitute a physically separate, independent housekeeping establishment for owner occupancy, rental, or lease; but not including hotels, motels, structures not attached to permanent foundations, or units not constructed in full compliance with the Building Code as adopted by the City of Yuma.
Easement: A right given by the owner of land to another party for specific limited use of that land.
Extension: An increase in the amount of existing use within an existing building or an increase in one area of land occupied or developed to a use.
Family: An individual, or two or more persons related by blood, marriage, or legal adoption, or a group of not more than four persons who are not related by blood, marriage or legal adoption, living together in a dwelling unit.
Fence: A structure of fencing material and/or plants used to enclose any lot or part of a lot with the purpose and intent of preventing passage or causing privacy.
Fifty Foot Line of Sight Clearance: The triangular area formed by:
A.
The lines extending from any corner of a corner lot adjacent to two intersecting public roadways to a distance of 50 feet along both curb lines from the corner (constituting two sides); and
B.
The diagonal connecting such lines (constituting the third side).
Final Plat: A map or chart of the subdivision, which shows boundaries of said lots, tracts or parcels and original parcel from which they were created, as a result of a monumented land survey.
Flea Market: The sale of merchandise by several businesses as part of an open market operation. Approved as a conditional use only.
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waves and/or the unusual and rapid accumulation or runoff of surface waters from any source.
Floor Area, Minimum: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, courts, basement and additional floors, but including garages. The floor area of a structure, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
Garage, Motor Vehicle Repair and Service: A business establishment used for repair, rebuilding, reconstruction, painting, inside storage, and/or servicing of vehicles which includes towing and wrecker service, but which does not include the storage or dismantling of wrecked motor vehicles or storage of junk.
Garage Sale: A retail sale conducted by the occupant of a single-family residence, or mobile home, or the owner/manager of a multi-family residence, or several families together. No garage sale shall be held longer than a 72-hour period and no property shall be the site of a garage sale more than one time per month.
Gasoline Service Station: A structure or property on or in which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles and which may include, as an incidental use, the retail sale and installation of vehicle accessories, the making of minor repairs, and facilities for washing and servicing of not more than three vehicles if completely enclosed in a structure.
Grade: The lowest point of elevation of the finished surface of the ground paving or sidewalk within the area between the structure and the property line, or when the property line is more than five feet from the building between the structure and a line five feet from the structure.
Group Home: No more than eight nonrelated persons living together in a dwelling unit with an adult(s) acting as surrogate parent(s), guardian(s), or caretaker residing on the premises.
Home Occupation: An activity for gain conducted within a dwelling (or building or structure), carried on by the inhabitants of said dwelling and which is clearly incidental and secondary to the use of the dwelling for residential purposes. Additional regulations governing home occupations are located in chapter 17.06 of this title.
Hospital: A building used for the diagnosis, treatment and care of human ailments, but not including medical clinics, rest homes, convalescent homes, nursing homes, and retirement homes.
Hotel or Motel: A building or group of buildings containing guestrooms designed to be rented for temporary occupancy on a transient basis for compensation but not meeting the definition of Boarding, Lodging, Rooming, or Tourist Home.
Industrial and Business Classifications: For purposes of further defining industrial and business operations, the following terms have the following meanings:
Extraction: Removal of physical matter in a solid, liquid, or gaseous state from its naturally occurring location; the initial step in the utilization of a natural resource.
Manufacture/Fabrication: Change in the physical shape of matter; the final step in the utilization of a natural resource.
Material: The substance or substances out of which a thing is or may be constructed or manufactured.
Processing: Change in the physical state or chemical composition of matter; the second step in the utilization of a natural resource.
Repair: Restoration of a damaged or nonoperating object to its original physical shape or operational function.
Storage: The retention and safekeeping of goods in a warehouse or depository, including open storage.
Industrial Zones: Zoning districts designated for industrial uses including I-1 and I-2 on the Yuma zoning map.
Junkyard and Recycling Facilities: An area where scrap metal, paper, rags, tires and/or used materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, or where machinery or motor vehicles not in running condition are collected, dismantled, stored, or sold for parts. Any use conducted entirely within an enclosed building is not a junkyard.
Kennel: Any building, structure, or open space devoted wholly or partly to the raising, breeding, or harboring of four or more animals that are more than four months old.
Livestock: Any goat, sheep, swine, cattle, buffalo, cattalo, horse, mule, ass, ducks, geese, turkeys, chickens, domestic fowl, or alternative livestock as defined in Colorado Revised Statutes § 35-41.5-102(1), as amended.
Loading Berth: A space for truck traffic to maneuver on private property to utilize the loading dock.
Lot: Any continuous parcel of land legally defined by survey abutting a dedicated public way, except that a lot in a residential district need not abut a dedicated public way where access is provided by reservation, deed, covenant, or contract. Types of lots:
Corner Lot: A lot abutting two or more streets at their intersection or upon two parts of the same street and where, in either case, the interior angle formed by the intersection of street lines does not exceed 135 degrees.
Interior Lot: A lot other than a corner lot with one frontage on a street other than the alley.
Reversed Corner Lot: A corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.
Through Lot: A lot which has public streets adjoining both front and back lot lines.
Lot Area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. The lot area required for zoning compliance shall be land other than that under any water body or wetland. Lot area shall be calculated on a square footage basis with an acre equaling 43,560 square feet.
Lot Coverage: The percentage of total lot area covered by structures, roofs, and/or used for vehicular access and storage.
Lot Frontage: That portion of a lot fronting upon and providing rights of access to a dedicated street. Lot frontage shall be measured continuously along only one street.
Lot Line: The lines bounding a lot as defined below:
Front Lot Line: The line separating the lot from the street on the narrow side.
Rear Lot Line: The line opposite the front lot line.
Side Lot Line: Any lot line other than front lot line or rear lot line.
Lot of Record: A lot for which a recorded plat or deed shows that it was owned separately and individually from adjoining tracts of land at a time when the recording of a lot of such area, depth and width in the same location would not have been prohibited by the ordinance in effect at the time.
Lot Width: The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.
Manufactured Home: See definition of mobile home: mobile home, Class A.
Mobile Home: For the purposes of construction inspection and certification, a structure, transportable in one or more sections, which is eight feet or more in width and which is built on a permanent chassis and designed to be used as a dwelling without permanent foundation when connected to required utilities and has the plumbing, heating, and electrical systems contained therein.
Mobile Home, Class A: New mobile homes certified as meeting the manufactured home construction and safety standards of the Department of Housing and Urban Development and approved as meeting "acceptable similarity" appearance standards.
"Acceptable similarity" defined:
A.
Is partially or entirely manufactured in a factory.
B.
Is not less than 28 feet in width and 40 feet in length.
C.
Is installed on an engineered permanent foundation.
D.
Has brick, wood, or cosmetically equivalent exterior siding.
E.
Has a minimum roof pitch of 4:12.
F.
Is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 USC 5401 et seq., as amended.
The standards for acceptable similarity will be enforced by the City Manager or designee.
Mobile Home, Class B: New mobile homes certified as meeting HUD manufactured home construction and safety standards, but not approved as meeting "acceptable similarity" appearance standards. Must be a minimum of 24 feet in width and 36 feet in length.
Mobile Home, Class C: New mobile homes certified as meeting acceptable prior code or codes, or used mobile homes certified as meeting either the HUD standards specified above or such prior code, found on inspection to be safe and fit for residential occupancy. Must be a minimum of 24 feet in width and 36 feet in length.
Mobile Home, Class D, E: Used mobile homes, whether or not certified as meeting HUD or prior codes, found on inspection to be safe and fit for residential occupancy.
Mobile Home Park: A parcel of land which has been planned, designated and developed for long term residential use and intended for rent or lease exclusively for mobile homes.
Mobile Home Park Permit: A permit granted under this title by the City Council, after review by the City Manager; authorizing the operation, establishment, installation, or expansion of a mobile home park. This permit is in addition to and not in lieu of building permits that may be required for construction, alteration or expansion of a mobile home park.
Mobile Home, Permanent Addition: Any structural extension from any portion of a mobile home, not including temporary canvas or aluminum awning.
Mobile Home Space: A parcel of ground within a mobile home park designed for accommodation of a mobile home dwelling together with accessory structures.
Mobile Home Subdivision: A parcel of land which has been subdivided into lots, designated and developed for long term residential use and intended for sale where the residences are comprised of mobile homes.
Modular Home: A manufactured, factory or site assembled structure designed as a dwelling unit or units to be placed upon a permanent foundation constructed in accordance with the building code adopted by the City of Yuma, Colorado, and meeting acceptable similarity standards.
Motor Home: See definition of Travel Trailer.
Nonconforming Building: Includes any legally existing structure which does not conform to the applicable regulations of the zoning district in which such "nonconforming building" is located, either at the effective date of this title or as a result of subsequent amendments which may be incorporated into this title.
Nonconforming Lot: A legally created lot not conforming to current lot areas or requirements resulting from subsequent adoption or amendment of such requirements.
Nonconforming Use: Includes any legally existing use whether within a structure or on a tract of land which does not conform to the use regulations of this title for the zoning district in which such nonconforming use is located either at the effective date of this title or as a result of subsequent amendments which may be incorporated into this title.
Nursing Home; Convalescent Home: An establishment with continuous day and night facilities providing room and board, personal service, and nursing care for the aged or infirm.
Occupancy: The purpose for which a building, or part thereof, is used or intended to be used.
Off Street Parking: Any parking area surfaced with gravel, concrete or asphalt located wholly within the limits of one or more lots.
Open Space: Land that is intentionally left free of development for recreation, resource protection, amenities, aesthetics, hazard avoidance, or buffering purposes and that is protected by the provisions of this and/or other ordinances to ensure that such lands remain in such uses. Any development which is necessary to or customarily associated with open space uses shall be permitted only upon compliance with the provisions of this and other governing ordinances.
Outdoor Storage: The storage of materials, equipment, or commodities exterior of a walled structure. Such materials, equipment or commodities shall not include operable vehicles such as those stored as part of a new or used car lot or a parking lot.
Park: Land retained in an open condition for recreational use which may be improved with facilities associated with outdoor recreational activities. All facilities shall be built and maintained by either a unit of government, by a nonprofit corporation, or by private interest(s) as a part of a larger subdivision or development of land for use by the inhabitants thereof. Ownership of the land may be deeded or reserved to a property owners' association or it may be dedicated to the public.
Petroleum and Agricultural Product Fuel Production, Distribution and Storage: The production of fuel from petroleum and agricultural sources, to include the manufacturing, storage and distribution of ingredients, products and byproducts.
Preliminary Plat: The map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.
Preschool: Educational facilities for any children not old enough to be in kindergarten.
Professional Office: An office for professions, such as physicians, dentists, lawyers, architects, engineers, artists, designers, teachers, musicians, accountants, and others, who through training are qualified to perform services of a professional nature and where no storage or sales of merchandise exists.
Projections (into Yards): Parts of structures such as architectural features which are exempted to a specified amount from the "yard" requirements of the zoning ordinance. This refers to bay windows, eaves, uncovered porches, and chimneys.
Public Building or Use: Any structure open to the general use, participation, or enjoyment of the public and used by the municipality, county, state, or federal government, or any subdivision thereof.
Public Notice: A legal notice published in a newspaper of general circulation and/or mailed to property owners and interested parties which informs the public of the date, time, place, items of discussion and their location, where pertinent, which are to be acted upon in a public hearing.
Public Utility: Those facilities customarily utilized by a public utility corporation, municipality, or municipal authority such as substations, pumping stations, reservoirs and transmission lines.
Replat: The platting of a previously platted subdivision where lot lines are adjusted but where easements and public dedicated property lines remain unaltered.
Residential Zones: Zoning districts designated for residential uses, including R-1, R-2, and R-3 on the Yuma zoning map.
Retirement Home: An establishment used as a multiple dwelling residence for retired persons in separate dwelling units with limited accessory services such as recreation and other common facilities, but not including nursing or hospital care.
Right-of-Way: Land set aside for use as a street, alley, or space for utility lines.
Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, satellite dishes, and satellite microwave antennas.
Schools, Colleges: A public or private institution of higher learning (beyond grade 12) providing courses as approved by the Colorado Department of Education or licensed by any agency of the State of Colorado.
Schools, Commercial: A building or group of buildings where instruction is given to pupils in arts, crafts, or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.
Schools, Public, Private, and Parochial: A school for any grades between kindergarten and twelfth teaching accredited courses of instruction as approved by the Colorado Department of Education.
Setback: The distance between any property line and wall or support of structure not to include projections; however, no projection shall be over a property line. Setbacks are not applicable for fences except where specifically indicated.
Sign: Any device for visual communication which is intended to, or in fact does, direct attention of the public whether by means of words, letters, trademarks, pictures, designs, objects, or by any other means.
Solid Waste: Garbage, refuse, sludge of sewage disposal plants, and other discarded solid materials resulting from industrial, commercial, and community activities, but does not include agricultural waste.
Standards of Development: Regulations pertaining to the physical development of a site including requirements pertaining to yards, heights, lot area, fences, walls, landscaping area, open space, access, parking, signs, setbacks, and other physical requirements.
Street: Any public or private right of way used for or intended to be used for passage or travel by motor vehicles and affording a principal means of access to abutting property. "Street" shall include such terms as highway, road, avenue, boulevard, lane, place, or however otherwise designated.
Street, Arterial: A limited access street of great continuity, existing or planned which serves as a principal trafficway carrying traffic volumes from one side of the City to the other.
Street, Collector: A street carrying traffic from local streets to arterial streets within the community.
Street, Local: A street of very limited continuity which serves or is intended to serve a small number of dwelling units.
Street Plan: A part of the extraterritorial agreement with Yuma County showing location and dimensions of principal streets.
Structural Alteration: Any change, addition, or modification in construction.
Structure: A purposeful combination of materials fixed to the ground, or to some other structure. Structures include buildings, towers, masts, sheds, roofed storage areas, mechanical equipment, and signs. Structures do not include fences, walls, driveways, walkways, other paved areas or public utility lines and cables.
Structure, Permanent: A structure which is built of such materials and in such a way that it would commonly be expected to last and remain useful for an indefinite period of time given proper maintenance and repair.
Structure, Temporary: A structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short, useful life, or is intended to be used for a short term only.
Subdivider: Any person, group or corporation acting as a unit, or any agent thereof, dividing or proposing to divide land so as to constitute a "subdivision" as defined in this section.
Subdivision: 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 building development.
Tower (Radio and TV): The structure on which transmitting and/or receiving antennas are located.
Trailer: Any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways.
Trailer Park: An area clearly defined and separate from a mobile home park area, with individual parking lots, which may or may not have facilities for temporary connection with electrical and plumbing outlets to travel trailers, campers and motor homes.
Travel Trailer: A vehicle portable structure built on a chassis (other than a "mobile home" as defined in this section) designed to be used as a temporary dwelling for travel, recreational and vacation use and equipped for the road. It may be a self-propelled motor home or designed to be towed or carried by a separate vehicle, and may be self-contained with bath and toilet facilities or classified as a dependent type without bath and toilet facilities. Except as otherwise specifically provided, the provisions of this definition will also apply to campers mounted on a truck chassis, tent type trailers, and all such vehicles and equipment shall be considered to fall within the definition of travel trailer.
Twenty Foot Line of Sight Clearance: The triangular area formed by:
A.
The lines extending from any corner of a corner lot adjacent to two intersecting public roadways to a distance of 20 feet along both curb lines from the corner (constituting two sides); and
B.
The diagonal connecting such lines (constituting the third side).
Use: Goal, object, purpose or activity of property allowed to be carried on under the zoning regulations in that particular district.
Veterinary Hospital: A building used for the diagnosis, treatment and care of animals or pets, including the boarding of animals for limited periods of time. It may include outdoor runs and pens.
Yard: An open, unoccupied space, other than court, unobstructed from the ground to the sky, except where specifically provided by this title, on the lot on which a structure is situated.
Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the structure.
Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.
Yard, Side: A yard extending across the full width of the lot between the front lot line and the line created by the front walls of the principal building, not to include on ground projections.
Zoning Compliance Permit: An official finding that a planned use of a property, as indicated by an application, complies with the requirements of the zoning ordinance or meets special requirements of a conditional use permit.
Zoning Lot: Is either:
A.
A lot of record existing on the effective date of this title or any applicable subsequent amendment thereto, or
B.
A tract of land either unsubdivided or consisting of two or more contiguous lots of record which, on the effective date of this title or any applicable subsequent amendment thereto, was in single ownership, or
C.
A tract of land, located within a single block, which at the time of filing for a building permit (or if no building permit is required, at the time of filing for a zoning compliance permit), is designated by its owner or developer as a tract all of which is to be used, developed, or built upon as a unit under single ownership.
Zoning Yard: A setback concerning parking spaces to keep cars from protruding beyond parking lots into public right-of-way or street.
(Ord. 4-1995 § 2, 1995; Ord. 20-1996 §§ 2, 13, 1996; Ord. 2-1997 § 1, 1997; Ord. 3-1997 § 1, 1997; Ord. 7-1997 §§ 1, 15, 1997; Ord. 5-1999 § 1, 1999; Ord. 4-2003 § 1, 2003; Ord. 16-2005 § 2, 2006; Ord. 21-2006 § 1, 2006; Ord. 12-2010, 2010; Ord. 20-2018, 2018; Ord. 2-2019, 2019)