City of Meriden, CT Article II Definitions

§ 213-7 Word usage; definitions.

A. Scope and meaning of certain words and terms.

(1) Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article.

(2) Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural and the plural includes the singular.

(3) The word "person" includes a profit or nonprofit firm, corporation, company, partnership, association or individual.

(4) The word "shall" is mandatory and not directory; the word "may" is permissive.

(5) The word "lot" includes the word "plot."

(6) The word "structure" includes the word "building."

(7) The word "use" and the word "used" refer to any purpose for which a lot or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for or erected, constructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.

B. As used in this chapter, the following terms shall have the meanings indicated:

ABUTTING PROPERTY OWNER

The owner of a property that adjoins or abuts subject property, including property directly across a street from a subject property.

ACCEPTED STREET

A street which has been accepted by the City Council as a part of the City street system.

ACCESSWAY FOR REAR LOTS

A portion of the rear lot at least 25 feet in width connecting the rear portion of the lot to a City accepted street. The accessway must be fee simple and shall only be used for driveway, landscaping or drainage.

[Amended 4-3-2006]

ACTIVE SOLAR ENERGY SYSTEM

A solar system, designed to provide heating, cooling, hot water or electricity, that requires external mechanical power for operation.

ADULT BOOKSTORE

See "sexually oriented business."

[Added 11-21-1994[1]]

ADULT ENTERTAINMENT

Any establishment featuring nude, topless or sexually oriented entertainment, including, but not limited to, dance halls, massage parlors, restaurants, taverns or clubs.

[Added 11-21-1994]

ALLEY

A dedicated public thoroughfare, other than a street, which affords a secondary means of access to the rear or side of abutting property and which is 20 feet or more in right-of-way width.

AQUIFER PROTECTION AREA, LEVEL A

An underground drinking water supply protection area shown on the Zoning Map, defined in Connecticut General Statutes § 22a-354h, approved by the Commissioner of DEP, and protected within Meriden by the City Aquifer Protection Agency (APA) regulations and the state. Within this area, certain land use activities that may affect groundwater are regulated independent of zoning; check the APA regulations on file with the City.

[Added 9-21-2009]

AUTOMOBILE RENTAL FACILITY

Any building and/or lot used exclusively for the renting and/or leasing of automobiles, provided that no repair or service work is performed on the premises.

[Added 3-5-1990]

AUTOMOBILE WASH

Any building and/or lot or portion thereof used for washing and/or cleaning of automobiles.

[Added 3-5-1990]

AWNING

A roof-like covering of metal, canvas or duck attached to a metal frame and attached or supported entirely from a building.

BAR

An establishment where the main use is to serve spirituous liquors to be consumed on the premises. Food may or may not be served. Usually a counter and stools are present.

[Added 3-4-2019]

BASEMENT

A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade, where such grade abuts the exterior wall of such building, and the floor level of which is below finished grade at any point on the periphery of the building.

BOARDINGHOUSE

A dwelling, other than a hotel or motel, where lodging or lodging and meals for three or more persons is provided for compensation.

BREWERY

A facility where beer is manufactured, stored, bottled and sold at wholesale or at retail in sealed containers for consumption off-premises or offered for on the premises tastings in accordance with § 213-51.

[Added 11-26-2019]

BREWPUB

A facility where beer is manufactured, stored, bottled, sold at wholesale or at retail in sealed bottles or other sealed containers for consumption off premises or sold to be consumed on the premises in a room that is ancillary to the production of beer, with or without the sale of food, and in accordance with § 213-51.

[Added 11-26-2019]

BREWPUB-RESTAURANT

A restaurant where beer is manufactured, stored, bottled, and sold to be consumed on the premises in accordance with § 213-51.

[Added 11-26-2019]

BUILDING

Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. This term shall not include mobile homes or trailers.

BUILDING LINE

A line established by this chapter which determines the minimum horizontal distance that a building or structure must be located from a lot line.

BUILDING, ACCESSORY

A building to which the use is subordinate and incidental to the main or principal use of a lot occupied by a main or principal building.

BUILDING, MAIN

A building in which is conducted the principal use of the lot and/or the building site on which it is situated.

BUILDING, RESIDENTIAL

A building designed or used exclusively for dwelling purposes.

BUILDING, SECONDARY

A detached nonaccessory building of 600 square feet or less gross floor area, located within a shopping center development or regional shopping mall with a primary use and larger building.

[Added 6-7-1999]

BUILDING SITE

A lot or parcel of land in single or joint ownership which is occupied or can be occupied by a building, together with such open spaces as are required by the terms of this chapter, and having its principal frontage on a public street, road or highway.

CELLAR

Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street.

CLUB, COMMERCIAL

A business enterprise conducting leisure-time activity, including tennis, swimming, ice skating, racquetball, health and exercise facilities and similar uses, which makes facilities available to members, customers or clients on a seasonal or hourly basis and which may include incidental sale of snacks, incidental sales or rental of sports equipment and clothing, and nursery facilities. Members of a commercial club do not have a voice in the management of the club.

CLUB, MEMBERSHIP

An unincorporated association of persons for common social purpose or an association incorporated under the Membership Association Law and which association or membership corporation is not conducted for profit and is not a part of, related to or associated with a profit-making venture and whose premises are available exclusively to members and their guests and which is managed by officers or directors serving without pay and chosen or elected directly by members who form such an association or membership corporation.

COMMERCIAL AMUSEMENT ARCADE

A business enterprise which houses three or more mechanical or electronic games or amusements as its principal activity. Picture-taking and laminating machines, merchandise vending machines or electronic reading or weight machines are not considered to be part of this definition.

COMMUNITY BUILDING

A building of not more than 25,000 square feet in size which is located on a parcel of land that is currently developed with a housing development of at least 75 residential units, is 20 acres or greater in area, and is under the ownership of one common, not-for-profit owner; the building will be used primarily by residents of the housing development in which it is located, except that, in emergency situations as declared by the City, residents of the City of Meriden may use it for purposes consistent with needs arising from the declared emergency; and the building may include (but not be limited to) management offices operated for the housing development, a gathering room with kitchen, a fuel cell energy area, various programs run by not-for-profit organizations, such as a child-care/day-care program, an after-school program, training program for resident job searches, game rooms, and leisure, health, and exercise programs using building facilities (i.e., swimming, skating, gym, racket games, etc.).

[Added 1-6-2014]

CONFERENCE CENTER HOTEL

A facility used in part for business or professional conferences and seminars and offering a minimum of 100 rooms for transient lodging accommodations and providing additional services such as restaurants, meeting rooms and recreation facilities. A building on site or a portion of a building must be designed to accommodate 300 or more people in assembly. Such place of assembly shall be in addition to restaurant and recreation facilities.

[Added 11-19-1984]

CONFERENCE HOTEL

A building or part thereof that offers a minimum of 75 rooms for transient lodging accommodations with or without kitchenettes and is located within 1/4 mile of an approved conference center hotel.

[Added 10-1-2001]

CONVALESCENT HOME

A building where two or more infirm or aged persons are housed for compensation and licensed by the State of Connecticut, including a convalescent hospital, home for the aged, rest home and similar uses.

CONVENIENCE STORE/GAS FACILITY

Any building and/or lot not used for repairing or servicing of motor vehicles but used in part for the retail sale of gasoline, methanol, diesel fuel or other common types of motor vehicle fuel, provided such use is in conjunction with the convenient dispensing of consumer goods items, i.e., prepackaged grocery and dairy products, reading and directional materials, hot snacks, small novelty items and tobacco products, etc.

[Added 3-5-1990]

CORRECTIONAL INSTITUTION

An institution or facility to correct illegal patterns of behavior.

COUNTY SOIL AND WATER CONSERVATION DISTRICT

The New Haven County Soil and Water Conservation District established under Subsection a of § 22a-315 of the Connecticut General Statutes.

[Added 2-3-1986]

COVERAGE

That portion of a lot that is covered by a building or buildings.[2]

DAY CARE

A program of supplementary care for related or unrelated children on a regular basis outside of their homes for a part of 24 hours in one or more days of the week.

(1) Child-care provider — Class I (family care provider*): A program of supplementary care for not more than six related or unrelated children in a private residence, carried out on a regular basis for a part of the 24 hours in one or more days of the week as an accessory use to the principal residential use. (*Definitions per State of Connecticut.)

(2) Child-care provider — Class II (group day-care home): A program of supplementary care for not less than seven nor more than 12 unrelated children on a regular basis, for a part of the 24 hours in one or more days in a week.

(3) Child-care provider — Class III (child day-care center): A program of supplementary care for 13 or more related or unrelated children outside their homes on a regular basis for a part of the 24 hours in one or more days of the week.

[Added 7-5-1988]

DEVELOPMENT

Any construction or grading activities to improved or unimproved real estate.

[Added 2-3-1986]

DISCONTINUANCE

Any cessation of a nonconforming use, whether such cessation is voluntary or involuntary, active or passive, and irrespective of the circumstances giving rise to such cessation or the reasons therefor.

DISTRICT, ZONING

A portion of the City within which certain uses of lands, buildings and/or structures are permitted or prohibited and wherein certain yards and other open spaces are required and certain height limits are established for the same; all as set forth and specified in this chapter.

DISTURBED AREA

An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

[Added 2-3-1986]

DRIVE-THROUGH FACILITY

A customer window or counter service designed for easy automobile access that must be an accessory and subordinate part of the primary bank or financial institution, pharmacy, bakery, or fast-food restaurant establishment catering to customers.

[Amended 6-2-2008]

DUSTLESS SURFACE

Adequately covered with concrete, asphalt or bituminous products, unless otherwise prescribed by the Planning Commission, and maintained in good condition at all times.

DWELLING

A structure containing one or more dwelling units.[3]

DWELLING UNIT

A group of rooms, including a kitchen and bathroom, designed for nontransient occupancy by one family.

DWELLING, GARDEN APARTMENT

A multiple dwelling, not more than 35 feet in height, with an entrance to each dwelling by direct access from the outside or through a common hall serving not more than four dwellings.

DWELLING, MULTIPLE-FAMILY

A building or portion thereof used and designed as a residence for three or more families living independently of each other and doing their own cooking in said building, including apartment houses, apartment hotels, flats and townhouses, but not including hotels, motels or boardinghouses.

DWELLING, SINGLE-FAMILY DETACHED

A detached building designed for and/or occupied exclusively by one family.

DWELLING, TWO-FAMILY or DUPLEX

A building designed and/or used to house not more than two families living independently of each other.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

[Added 2-3-1986]

EXTRACTION AND EXCAVATION

Removal or recovery (by any means whatsoever) of soil, rock, minerals, mineral substances or organic substances other than vegetation from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.

[Added 12-21-1998]

FAMILY

One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, boardinghouse, club, fraternity or sorority house.

FARMERS' MARKET

An occasional or periodic market held either on an open lot, within a building, or on a closed off street where three or more private sellers offer for sale to the general public such goods as fruits, vegetables, plants, flowers, eggs, honey and maple syrup. The sale of jams, jellies and baked or prepared foods may be permitted if such items are prepared in a kitchen facility licensed by the appropriate health department.

[Added 6-4-1990]

FRONT FACE

The primary outer surface of a building which is visible from any private or public street, particularly that surface which contains the original principal entrance.

[Amended 6-4-1990]

GRADING

Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

[Added 2-3-1986]

GROSS LEASABLE AREA

Total floor area exclusive of common areas, service corridors and mechanical rooms.

[Added 2-4-1991]

HEALTH CARE SERVICES

A combination of diagnostic, therapeutic and other health care professional service uses located in a separate building or buildings of a scale and character that is different from the traditional medical office use. Such uses include medical, dental, physical therapy, radiology, urgent-care, surgical center, occupational therapy and similar disciplines.

[Amended 4-21-2008]

HEIGHT OF BUILDING

The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof.[4]

HEIGHT RESTRICTED BAND

An area parallel to the minimum side yard setback requirement for a distance of five feet towards the center of the lot. (See Diagram 5B.[5])

[Added 1-3-2012]

HOME FOR SHELTERED CARE

A nonprofit home for the sheltered care of persons which provides food and shelter to four or more persons unrelated to the proprietor.

[Added 7-7-1986]

HOME OCCUPATION

A use other than a professional office customarily conducted within a dwelling, such as tutoring, music lessons, craft making, dressmaking, millinery and the like, and carried on by the inhabitants thereof, which use is secondary to the use of the dwelling for residential purposes.

HOOKAH LOUNGE

A commercial establishment where patrons share flavored tobacco, nontobacco and fruit that is heated and smoked through water. The establishment may also include the sale of hookah accessories and tobacco-related products.

[Added 9-19-2016]

HOSPITAL

An institution licensed and defined by the State of Connecticut as a general or special hospital.

HOTEL

A building or part thereof which has a common entrance and general dining room and which contains 10 or more living and sleeping rooms, designed to be occupied by individuals or groups of individuals for compensation. Hotel facilities may include a cocktail lounge or incidental retail and service uses.

INDOOR AUTOMOTIVE SALES AND SERVICE

Any building which is utilized by an automotive sales and service business for the sale of automobiles located within the structure. Said use may include maintenance, servicing, painting, repair, parts or motor replacements or body and fender work to or for motor vehicles accessory to the sale of motor vehicles.

[Added 7-16-2018]

INDUSTRIAL LAUNDRY

Establishment primarily engaged in supplying laundered or dry-cleaned work uniforms; laundered wiping towels; safety equipment (gloves, flame-resistant clothing, etc.); dust control items such as treated mats or rugs, mops, dust tool covers and cloths; and other selected items to industrial or commercial users only. These items may belong to the industrial launderers and be supplied to users on a rental basis, or they may be the customer's own goods.

[Added 9-2-1986]

INSPECTION

The periodic review of soil erosion and sediment control measures and other construction activities shown on the approved plan.

[Added 2-3-1986]

JUNKYARD

An area of land, with or without buildings, used for or occupied by the storage of used or discarded materials, such as wastepaper, rags or scrap metal, building materials, house furnishings, machinery and vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.

LOADING SPACE

An accessible space a minimum of 10 feet in width by 30 feet in length, adjacent to a street or alley, at the rear or side of a building, and used for loading or unloading of goods.

LOCAL ACCESS ROAD

A street giving direct access to individual properties. Such a road feeds into a collector (main interior street) and/or arterial street (main feeder streets).

[Added 9-5-1989]

LOT

Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or a group of buildings having any land in common with the buildings accessory thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings. Where a building is located on more than one lot of record, which lots are either owned by the same person or entity or are subjected to cross-easement or other similar recorded agreements, then the size, lot coverage, setback, yard and other bulk and area requirements shall not apply to each individual lot, provided the building and the lots, as a whole, comply with such requirements.[6]

[Amended 2-4-1991]

LOT AREA

The total horizontal area included within the lot lines.

LOT DEPTH

The horizontal distance between the midpoints of the front and rear lot lines measured in the general direction of the side lot lines. Minimum depth for a residential lot shall include amount of standard required front setback, amount of standard required rear setback, plus 30 feet in between to be reserved for building; use required front and rear setbacks specified in § 213-12B unless greater amount specified in § 213-48 is applicable.

[Amended 12-21-2009]

LOT LINE

A boundary of a lot other than a street line.

LOT LINE, FRONT

The street line along the principal street on which the lot abuts.

LOT LINE, REAR

The boundary opposite the front line, but should this be less than 10 feet in length or should the lot come to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet in length, lying wholly within the lot and farthest from the front line.

LOT LINE, SIDE

The lines separating the lot from the immediately adjacent lot.

LOT OF RECORD

A lot which is part of a subdivision recorded in the office of the City Clerk, or a lot or parcel described by metes and bounds which has been so recorded prior to the effective date of this chapter or any amendment thereof that would affect such lot.

LOT WIDTH

The distance between the side lot lines measured across the required front yard minimum setback line parallel with the street. Minimum lot width for a residential lot shall be maintained for a depth of 30 feet back from the front required building setback line per § 213-12B or § 213-48 as applicable.

[Amended 12-21-2009]

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. Any lot adjoining a curved street at a point where the street line describes an arc subtended by an angle of 135° or less shall also be considered a corner lot.

LOT, INTERIOR

A lot other than a corner lot or a through lot.

LOT, REAR

A lot located in such a position that it is to the rear of some other lot fronting on the same street and served by means of an accessway.

LOT, THROUGH

A lot which is not a corner lot and which has two street lines.

MANUFACTURING

Any process whereby the nature, size, shape, finish or appearance of articles is changed or where articles are assembled or packaged in quantity.

MOBILE HOME

Factory-produced housing which is designed and built for transportation to a site for installation and/or use. These units are mobile through a structurally integrated, wheeled chassis. When the wheels, axle and connecting apparatus of this chassis are removed and the unit is placed on a foundation, either permanent or temporary, the unit is still a mobile home. Recreational vehicles are not mobile homes.

[Amended 9-16-1985]

MOTEL

A building or group of buildings containing guest rooms designed and used primarily for the accommodation of transient automobile travelers for compensation.

MULTISCREEN THEATER

A building in which is located four or more motion-picture theaters.

[Added 6-17-1985]

NIGHTCLUB

An establishment engaged primarily in offering entertainment to the general public, in the form of music for dancing or live or recorded performances. The establishment may or may not engage in the preparation and retail sale of alcoholic beverages for consumption on the premises.

[Added 3-4-2019]

NONCONFORMING BUILDING OR STRUCTURE

A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails by reason of such adoption, revision or amendment to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building area or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc.

NONCONFORMING LOT

A lot legally existing on the effective date of this chapter or any applicable amendment thereto but which fails by reason of such adoption, revision or amendment to conform to the present district regulations for any prescribed lot requirement.

NONCONFORMING USE

A use, whether of a building, structure or lot, or combination thereof, legally existing on the effective date of this chapter or any applicable amendments thereto but which fails by reason of such adoption, revision or amendment to conform to the present district regulations pertaining to use.

OUTDOOR DINING

An accessory portion of a restaurant, fast-food restaurant, coffeehouse or other food service establishment for dining outdoors or under cover. Outdoor dining is limited to food service establishments in commercial districts only and in compliance with standards and procedures of § 213-23C(4).

[Added 6-7-2004]

PARKING SPACE

An accessible paved and usable space located off the street with proper access for parking of motor vehicles.

PASSIVE SOLAR ENERGY SYSTEM

A solar energy system which relies upon the design and elements of a building to enhance the use of natural forces, including solar radiation, winds and nighttime coolness, to provide heating, cooling or hot water and which is not primarily dependent upon mechanical power for operation.

POULTRY

Domestic fowl, such as chickens, turkeys, and ducks raised for meat, eggs, or show.

[Added 5-4-2020]

PRIVATE GARAGE

A detached accessory building or a portion of a main building for the parking or storage only of automobiles belonging to the occupants of the premises. One commercial vehicle which does not exceed 3/4 ton in capacity and which is used solely by the occupants may be stored in a private garage.

PROFESSIONAL OFFICES

An office for any one of the following, whether carried on in a home or a separate office: accountant, architect, attorney, chiropractor, professional engineer, dentist, doctor (except veterinarian), social worker or similar discipline requiring a combination of a special training and license or certification. The following or similar uses are not professional offices: contractor, pest control, beauty parlor or pharmacy.

PUBLIC PARKING LOT

Any lot or structure used for the storage of motor vehicles which contains space available to the general public by the hour, day, week, month or year.

RECREATION CENTER

A private, quasi-public or public facility designed to house passive and active recreation facilities, including athletics, swimming, games, meeting rooms and accessory food services and equipment rental, and designed to be generally available to the public at minimal cost.

REGIONAL SHOPPING MALL

A building or group of interconnected buildings containing not less than five retail facilities and 400,000 square feet of gross floor area located on a lot of 50 acres or greater which abuts or is within 1/2 mile of a state or interstate highway.

[Added 2-4-1991]

REPAIRER'S GARAGE

Any building and/or lot or portion thereof which is utilized by an automotive business, service or industry and involves major maintenance, servicing, painting, repair, parts or motor replacements or body and fender work to or for motor vehicles.

[Amended 3-5-1990]

RESTAURANT

An establishment where food and drink are regularly prepared, served and consumed primarily within the principal building, or in an outdoor seating area to the general public. The establishment may have a separate area, or lounge, where alcoholic beverages are served with or without full food service, provided the area is accessory to the primary use in: 1) square feet; or 2) sales.

[Amended 3-4-2019]

RESTAURANT, FAST-FOOD

Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposable containers, for consumption within the restaurant building, elsewhere on the premises or for carry-out for consumption off the premises.

SCHOOL

A public or private school teaching subjects required by the Education Code of the State of Connecticut.

SECONDARY BUILDING

See "building, secondary."

SEDIMENT

A solid material, either mineral or organic, that is in suspension, is transported or has been moved from its site of origin by erosion.

[Added 2-3-1986]

SERVICE STATION

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail, direct from pumps and storage tanks. A service station may include accessory facilities for rendering services, such as lubrication, washing and repairs, which are incidental to the principal use.

SEXUALLY ORIENTED BUSINESS

A business or commercial club having a significant portion of its stock-in-trade, books, magazines, periodicals, and videos which are distinguished or characterized by an emphasis on matter depicting, describing or related to sex acts or by an emphasis on exposure of male or female genitals, buttocks or female breasts.

[Added 11-21-1994]

SHOPPING CENTER DEVELOPMENT

A tract of land, buildings or structures planned as a whole and intended for one or more establishments for a commercial purpose on a site, whether built at one time as a unit or in two or more construction stages.

SIGN

Any structure or part thereof or any device attached to a building, pole, tree, structure or device or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol or representation which is in the nature of or which is used as an announcement, direction or advertisement, for commercial purposes or otherwise. A "sign" includes any message, neon tube, string of lights or similar device outlining, hung, painted upon or attached to part of a building or lot but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are signs not to exceed four square feet in area which are solely devoted to prohibiting trespassing, hunting or fishing.

(1) SIGN AREA Sign area shall be measured as follows:

(a) When such a sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline, including such frame or outline, shall be included.

(b) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area of the smallest triangle, rectangle or circle within which all of the matter of which such sign consists may be inscribed.

(2) BILLBOARD A sign, including any support structures, displaying a message not related to the use of the property on which it is located.

[Amended 9-16-2013]

(a) CONVENTIONAL BILLBOARD A billboard displaying a static message or copy which cannot be changed mechanically (for example, a tri-vision billboard) or electronically.

(b) DIGITIAL BILLBOARD A billboard utilizing digital message technology capable of changing the static message or copy electronically, but not displaying any movement, or the appearance or optical illusion of movement, or any flashing, scintillating or varying of light intensity during the static display periods.

(c) BILLBOARD OVERLAY DISTRICT Billboards must be oriented to limited access highways and are further restricted to the Billboard Overlay District as shown on the City’s Zoning Map.

(3) ILLUMINATED SIGN Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

(4) GROUND OR FREESTANDING SIGN A sign supported by uprights or braces in or upon the ground and not attached to any part of a building.

(5) HANGING SIGN A sign designed to project beyond the front face and perpendicular to it.

(6) MARQUEE SIGN A sign attached to a marquee, canopy or other covered structure projecting from and supported by the building.

(7) NONACCESSORY SIGN A sign advertising a product or service or carrying a message not related to the use on the property on which it is located.

(8) ROOF SIGN A sign which is erected, constructed or maintained on, above or as part of the roof of any building.

(9) TEMPORARY SIGN A sign which is designed to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items which will be available for a limited period.

(10) WALL SIGN A sign which is attached directly to the building and is parallel to the building.

SOIL

Any unconsolidated mineral or organic material of any origin.

[Added 2-3-1986]

SOIL EROSION AND SEDIMENT CONTROL PLAN

A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.

[Added 2-3-1986]

SOIL EROSION AND SEDIMENT CONTROL PLAN CERTIFICATION

An approval by the Planning Commission or its designated agent that a soil erosion and sediment control plan complies with the applicable requirements of this chapter.

[Added 2-3-1986]

SOLAR COLLECTOR

A device or structure designed to absorb incident solar radiation, to convert the solar radiation to thermal, chemical or electrical energy, and to transfer the converted energy to a medium passing through or in contact with it.

SOLAR ENERGY

Radiant energy (direct, diffuse and reflected) received from the sun.

SOLAR ENERGY SYSTEM

An arrangement or combination of components and structures designed to provide heating, cooling, hot water or electricity through the process of collecting, converting, storing, protecting against unnecessary dissipation and distributing solar energy.

SOLAR SKY SPACE

The space between a solar collector and the sun which must be free of obstructions for a solar energy system's effective operation.

SPECIAL EXCEPTION USE

A use of property that is basically appropriate to a given zoning district but which may be incompatible in some locations within the district, and therefore is not permitted by right everywhere within such district. A special exception use, therefore, is one which is allowable only when facts and conditions specified in the chapter as those upon which the use is permitted are found to exist.

SPECIALIZED AUTOMOBILE SERVICE

Any building and/or lot used to replace, repair or service specific automobile parts or provide lubrication or lubrication services to automobiles, i.e., brakes, mufflers, shock absorbers and/or the changing of lubricating fluids or greasing, etc.

[Added 3-5-1990]

STREET

Any dedicated public thoroughfare which affords principal access to abutting properties. This shall include street, highway, road, lane and drive but shall not include any unaccepted street for which the City has no maintenance responsibility.

STREET CENTER LINE

A line equidistant from each street line; or if no street line is established, the center line of the existing pavement; or if the street is unpaved, the center line of the existing traveled way.

STREET LINE

The right-of-way line of a street and the dividing line between a street and the abutting property.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

STRUCTURE

Anything constructed or erected, the use of which requires location on, under or above the ground or attachment thereto.

SWIMMING POOL, NONCOMMERCIAL

Any constructed body of water or structure to contain water and any accessory equipment pertaining thereto used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. Such noncommercial swimming pools shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling, motel, membership club or nonprofit organization.

TEMPORARY BUILDING

A building or structure which is constructed or located on a site and remains on said site for a period not longer than one year.

TOPSOIL

The original upper layer of soil material which is usually darker and richer than the subsoil and as certified by a soil scientist.

[Added 12-21-1998]

USE, ACCESSORY

A use incidental to the principal use of a lot or a building located on the same lot.[7]

USE, PRINCIPAL

The primary purpose for which land, premises or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.[8]

USE, TEMPORARY SALES

The exchange of goods or property for money or some other consideration for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

[Added 4-7-2008]

YARD, FRONT

A yard extending along the full length of the front lot line between the two side lot lines.

YARD, REAR

A yard extending along the full length of the rear lot line between the side lot lines.

YARD, SIDE

A yard extending along a side lot line from the front yard (or from the front lot line if there is no front yard) to the rear yard (or the rear lot line if there is no rear yard).

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: See Diagram 1, Building Area, included as an attachment to this chapter.

[3] Editor's Note: See Diagram 2, Dwelling Types, at the end of this chapter.

[4] Editor's Note: See Diagram 3, Measurements of Building Heights, Stories and Basements, included as an attachment to this chapter.

[5] Editor's Note: Diagram 5B, Various Lot and Bulk Definitions, is included as an attachment to this chapter.

[6] Editor's Note: See Diagram 4, Types of Lots, as well as Diagram 5, Various Lot and Bulk Definitions, included as an attachment to this chapter.

[7] Editor's Note: See Diagram 6, Principal and Accessory Uses, at the end of this chapter.

[8] Editor's Note: See Diagram 6, Principal and Accessory Uses, at the end of this chapter.