[Ord. No. 111808 §1(400-200), 11-18-2008]
A.
For
the purpose of this code, the following rules shall apply:
1.
Words used in the present tense include the future.
2.
Words in the singular number include the plural and words in the
plural number include singular.
3.
The word "shall" or the word "must" is mandatory and not discretionary.
4.
The words "used for" includes the meaning "arranged for", "designed for", "occupied or intended to be occupied for".
5.
The particular controls the general.
6.
In case of a difference of meaning or implication between the text
of the code and the captions for each Section, the text shall control.
7.
All references to City personnel shall include the person identified
or their designee.
8.
Unless the context clearly indicates a different meaning was
intended, all words, terms and phrases not otherwise defined herein
shall first be defined in accordance with the definitions set forth
in "A Planners Dictionary" (APA, American Planning Association, PAS,
Planning Advisiory Service Report Number 521/522). If no such definition
is available, any words, terms, and phrases shall be given their usual
and customary meaning as defined in any recognized standard English
dictionary.
[Ord. No. 03032014A §I, 3-3-2014]
9.
Computation of time. Unless otherwise specifically
provided, the time within which an act is to be completed shall be
computed by excluding the first (1st) day and including the last day,
unless it is Sunday, which shall be included in the computation of
time. All acts must be completed within the time frame specified subject
to extension periods provided herein.
[Ord. No. 111808 §1(400-201), 11-18-2008]
Words contained in this Article are those having a special meaning
relative to the purposes of this code. The following words and terms,
as used herein, are defined to mean the following:
To cease or discontinue a use or activity not to be construed
as short-term interruptions such as during periods of remodeling,
maintenance or normal periods of vacation or seasonal closure.
To border on, be contiguous with or have property or district
lines in common, including property separated by a right-of way or
railroad.
The place, means or way by which pedestrians and vehicles
shall have safe, adequate and usable ingress and egress to a property
or use as required by this code.
Living quarters within an accessory building located on the
same premises with the main building, for use by temporary guests
of the occupant of the premises, such quarters having no kitchen facilities
and not rented or otherwise used as a separate dwelling unit.
See "ABUT".
An establishment having at least ten percent (10%) of its
stock in trade, books, photographs, magazines, films for sale or viewing
on the premises by use of motion picture devices or other coin-operated
means or other periodicals which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas".
An establishment which contains or is used entirely or partially
for commercial entertainment, including theaters used for presenting
live presentations, videotapes or films predominantly distinguished
or characterized by their principal emphasis on matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" and exotic dance facilities, regardless of whether
the facility provides a live presentation, videotape or film presentation,
where the patrons either:
Engage in personal contact with or allow personal contact by
employees, devices or equipment or by personnel provided by the establishment
which appeals to the prurient interests of the patrons; or
Observe any live presentation, videotape or film presentation
of persons engaged in "specified sexual activities" or displaying
"specified anatomical areas".
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture
and animal and poultry husbandry and the necessary accessory uses
for storing the products. The term shall include incidental retail
sales by the producer of products raised on the farm.
Any area of land or water designed and set aside for the
landing and takeoff of aircraft, including all necessary facilities
for the housing and maintenance of aircraft.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a thoroughfare.
Any addition, removal, extension or change in the location
of any exterior surface of a main building or accessory building.
A change in the supporting members of a building, such as
bearing walls, columns, beams or girders, except for repair or replacement.
A change in the wording, context or substance of this Chapter,
an addition or deletion or a change in the district boundaries or
classifications upon the Zoning Map.
An establishments providing multiple coin-operated amusement
or entertainment devices or machines as other than an incidental use
of the premises. Such devices may include pinball machines, video
games and other games of skill or scoring, including pool or billiard
tables, whether or not they are coin operated.
An establishment where animals or pets are given medical
or surgical treatment and are cared for and may be boarded during
the time of such treatment.
Any structure that includes a system of wires, poles, rods,
reflecting disks or similar devices used for the transmission or reception
of television, radio, data, communications or other signals from other
antennas, satellites or other similar equipment.
A place offering primarily antiques for sale. An "antique", for the purpose of this code, shall be a work
of art, piece of furniture, decorative object, or the like, of or
belonging to the past, at least thirty (30) years old.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families living independently of
each other.
A place where bee colonies are kept.
Portable or non-portable equipment used for domestic functions
including, but not limited to, vacuums, toasters, mixers, radios,
washers, dryers, refrigerators, freezers and stoves.
An establishment engaged in the sale, loan or display of
art, books, paintings, sculpture or other works. Art gallery does
not include libraries or museums.
A building or portion thereof used for the creation of original
handmade works of art or craft items by artists or artisans, as either
a principal or accessory use.
A place designed to be used or used as a place of work or
a combination of both a dwelling place and a place of work by an artist,
artisan or craftsperson, including persons engaged in the application,
teaching or performance of fine arts such as, but not limited to,
drawing, vocal or instrumental music, painting, sculpture and writing.
A building or portion of a building in which facilities are
provided for civic, educational, political, religious or social purposes.
The Cass County Assessor.
Any premises licensed as such by the State, other than a
residential care facility, intermediate care facility or skilled nursing
facility, that is utilized by its owner, operator or manager to provide
twenty-four (24) hour care and services and protective oversight to
five (5) or more residents who are provided with shelter, board and
who may need and are provided with assistance or supervision in accordance
with their State license.
A building or structure designed or intended for use for
the gathering of people as an audience to hear music, lectures, plays
and other presentations.
A stand alone, automated device that performs banking or
financial functions, which may be placed at a location remote from
the controlling financial institution.
An establishment engaged the business of buying motor vehicles,
motorcycles, motorized bicycles or parts thereof or tires for resale
in whole or in part as junk or as used parts.
The dismantling or wrecking of used motor vehicles or trailers
or the storage, sale or dumping of dismantled or wrecked vehicles
or their parts.
A place for keeping birds confined for the purpose of raising,
exhibiting or selling.
A place for preparing, cooking, baking and selling baked
good products intended for off-premise distribution.
An establishment primarily engaged in the retail sale of
baked products for consumption on or off site. The products may be
prepared either on or off site. Such use may include incidental food
service.
A financial institution that is open to the public and engaged
in deposit banking and that performs closely related functions such
as making loans, investments and fiduciary duties. Bank, savings and
loan or credit union shall not include check-cashing establishments,
title loan establishments or short-term loan establishments.
Any establishment whose principal business is serving alcoholic
beverages at retail for consumption on the premises.
Any establishment or place of business within which the practice
of barbering is engaged in or carried on by one (1) or more barbers.
That portion of a building located entirely or partially
underground, but having at least one-half (½) of its floor-to-ceiling
height located below grade.
An industrial facility used for the production of asphalt
or concrete or asphalt or concrete products, used in building or construction
and the stockpiling of bulk materials used in the production process
or of finished products manufactured on the premises and the storage
and maintenance of required equipment, but does not include the retail
sale of finished asphalt or concrete products.
A structure containing a single dwelling unit with a full-time
resident owner or resident manager, which provides lodging and breakfast
to overnight guests only and has no more than five (5) sleeping rooms
available. Each sleeping room shall be at least one hundred forty
(140) square feet in area.
A parcel of land platted into lots and bounded by public
streets or by waterways, rights-of-way, unplatted land, City or County
boundaries or adjoining property lines.
The Peculiar Board of Aldermen.
A building, other than a hotel, occupied as a single housekeeping
unit where lodging or meals are provided for compensation, pursuant
to previous arrangement.
Any establishment engaged in tattooing, body piercing or
branding human tissue for a non-medical purpose and operated in accordance
with State law.
The perforation of human tissue other than an ear for a non-medical
purpose.
A building used for bottling, canning or preserving of food
items for storage and distribution.
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
A restaurant or hotel which includes the brewing of beer
as an accessory use. These establishments produce no more than ten
thousand (10,000) barrels of beer or ale annually. The area used for
brewing, including bottling and kegging, shall not exceed twenty-five
percent (25%) of the total floor area of the commercial space.
A facility engaged in the production and packaging of ales,
beers, meads and/or similar beverages on site. Breweries manufacture
more than ten thousand (10,000) barrels of beverage (all beverages
combined) annually.
A facility engaged in the production and packaging of ales,
beers, meads and/or similar beverages on site. Micro-breweries manufacture
no more than ten thousand (10,000) barrels of beverage (all beverages
combined) annually. A micro-brewery may include other uses such as
a standard restaurant, bar or live entertainment as an accessory use.
A building used for commercial and public communications
uses including radio and television broadcasting and receiving stations
and studios, with all facilities located entirely within buildings.
A structure for the transmission or broadcast of television,
radio, data, communications or other signals, provided however, those
non-commercial radio towers not exceeding one hundred (100) feet in
height shall not be considered broadcast towers.
A strip of land established to protect one (1) type of land
use from another incompatible land use or located between a land use
and a private or public road.
An area of land that separates two (2) zoning districts and/or
land uses that acts to soften or mitigate the effects of one use on
the other.
The sum in square feet of the ground areas that may be occupied
by buildings and structures on a lot.
A structure built, erected and used for the purpose of housing
or enclosing persons, animals or chattels.
A subordinate building having a purpose customarily incident
to and located on the lot occupied by the main building. An accessory
building is considered an integral part of the main building when
it has any part of a wall in common with the main building, is under
an extension of the main roof and designed as an integral part of
the main building or is located within six (6) feet thereof.
The various codes of the City that regulate construction
and require permits to do work regulated by the adopted Building Code
and other codes adopted by the City that pertain to building construction.
The vertical distance above grade measured to the level of
the highest point of the roof beams of flat roofs and roofs inclining
not more than one (1) inch to the foot or to the level of the top
of the highest ridge on other roofs. The measurement may be taken
from the average finished ground level adjoining the building or from
the average adjacent sidewalk or curb level when such is not more
than five (5) feet above grade.
The line delineating the location at which a building may
be erected. The building line is measured at the required setback
distance from the property line and is considered a vertical surface
intersecting the ground on such line.
The Peculiar Codes Enforcement Officer.
A building within which the main or primary use of the lot
or premises is located. Also see "USE, PRINCIPAL".
An indication of size and setback of buildings and their
location with respect to one another including lot area, lot frontage,
lot coverage, required front yard, required side yard, required rear
yard and building height.
The storage of petroleum products in above ground or below
ground storage containers designed for wholesale distribution or mass
consumption.
Any premises for the transient housing or parking of motor-driven
buses and the loading and unloading of passengers.
A school established to provide for the teaching of business,
professional, clerical, managerial or administrative skills, which
may be owned and operated for profit or nor for profit and generally
do not offer a complete educational curriculum.
Uses providing services to people, groups, businesses, dwellings
and other buildings. Business services shall include janitorial services,
carpet and upholstery cleaning, painting and decorating, building
maintenance, swimming pool maintenance, security service, graphics/advertising
agency, photocopying/duplication, quick print shops, printing, blueprinting,
sign painting, non-vehicle equipment rental, photographic studios
and similar uses.
A parcel of land intended for the temporary occupancy of
tents, campers and recreational vehicles, the primary purpose of which
is recreation and provides open areas that are natural in character.
An establishment engaged in woodworking trades ranging from
millwork, cabinetry, furniture making, etc.
A permanent roofed structure with not more than two (2) enclosed
sides used or intended to be used for vehicle shelter and storage.
A building or section thereof containing facilities for washing,
waxing and vacuuming motor vehicles, except heavy trucks and buses,
using production line methods or mechanical devices or providing spaces,
water and hand-held equipment for use by the customer.
A building or section thereof containing facilities for washing,
waxing and vacuuming heavy trucks and buses, using production line
methods or mechanical devices or providing spaces, water and hand-held
equipment for use by the customer.
A place used for interment of human or animal remains or
cremated remains, including a burial park for earth interments, a
mausoleum for vault or crypt interments, a columbarium for cinerary
interments or a combination thereof.
The area within either the natural or artificial banks of
a watercourse or drainageway.
A business engaged in cashing checks for members of the general
public as a principal purpose of its operation and which is not a
bank, savings and loan or credit union.
The City of Peculiar, Missouri.
A facility operated by one (1) or more physicians, dentists,
chiropractors or other licensed practitioners of the healing arts
for the examination and treatment of persons solely on an outpatient
basis.
An association of persons (whether or not incorporated),
religious or otherwise, for a common purpose, but not including groups
which are organized primarily to render a service carried on as a
business for profit.
A privately owned membership facility providing gymnasiums
and athletic, health improvement, recreational and/or similar services.
A non-profit voluntary association of persons for the promotion
of same purposes or philosophy. The permitted uses of a building owned
or leased by such an association shall include all customary club
activities such as lectures, discussions, meetings, social or recreational
events and similar activities and shall also include as an accessory
use the sale of food or beverages, but only where limited to club
members and guests and only in conformance with all State and Federal
regulations.
A development designed to concentrate buildings in specific
areas on a site to allow the remaining land to be used for recreation,
common open space and the preservation of environmentally sensitive
areas.
A facility for the storage of perishable items in a refrigerated
storage space.
A post-secondary institution for higher learning that grants
associate or bachelor degrees and may also have research facilities
and/or professional schools that grant master and doctoral degrees.
This may also include community colleges that grant associate or bachelor
degrees or certificates of completion in business or technical fields.
The Peculiar Planning Commission.
A parcel or parcels of land, together with the improvements
thereon, the use and enjoyment of which are shared by the owners of
the individual building sites in a clustered, mixed use or condominium
development.
A land use which is congruous with, tolerant of and has limited
adverse effects on existing neighboring uses.
The adopted Comprehensive Plan of the City of Peculiar.
A multiple-family dwelling in which title to individual dwelling
units is held in separate ownership and the real estate on which the
units are located is held in common ownership solely by the owners
of the units.
A land use which transfers over neighboring property lines
negative economic or environmental effects.
A residential facility for persons age fifty-five (55) years
or over, their spouses or surviving spouses, providing four (4) or
more individual living and sleeping units, as well as offering meal
preparation, dining areas, laundry services, room cleaning and common
recreational, social and service facilities for the exclusive use
of all residents.
The protection and care that prevent destruction or deterioration
of historical or otherwise significant structures, buildings or natural
resources.
An easement granting a right or interest in real property
that is appropriate to retaining land or water areas predominantly
in their natural, scenic, open or wooded condition and retaining such
areas as suitable habitat for fish, plants or wildlife or maintaining
existing land uses or preserving the ability of said land to be used
for specific purposes.
See "ABUT".
A retail establishment less than five thousand (5,000) square
feet in area offering for sale a limited line of groceries and household
items intended for the convenience of the neighborhood, which may
include the sale of fuel for automobiles, but shall not include any
automobile repair or service functions.
An unoccupied open space, other than a yard, located on the
same lot with a building, which is bounded on two (2) or more sides
by the walls of such building.
A facility containing properly installed, certified apparatus
intended for use in the act of cremation.
See "STREET, CUL-DE-SAC".
A facility providing care or supervision for elderly or disabled
adults in a protective setting for periods of less than twenty-four
(24) hours per day per adult.
A facility providing care or supervision for up to ten (10)
children by a person other than a parent, guardian or custodian for
periods of less than twenty-four (24) hours per day per child on a
regular basis.
A facility providing care or supervision for ten (10) or
more children by a person other than a parent, guardian or custodian
for periods of less than twenty-four (24) hours per day per child
on a regular basis.
The number of dwelling units per acre of land allowable on
a given tract or parcel of land.
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, being regarded
as having such an impairment or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with performing the job, utilizing the place of public accommodation
or occupying the dwelling in question. The term "disability" does not include current, illegal use of or addiction to a controlled
substance as such term is defined by State law, however, a person
may be considered to have a disability if that person:
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
An establishment engaged in making alcoholic drinks and spirits
through the distillation process.
An outdoor structure used for the display of motion pictures,
where the performance is viewed by all or a part of the patrons from
motor vehicles.
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry cleaning equipment or machinery on
the premises.
A building or premises used or intended to be used for cleaning
fabrics, textiles, wearing apparel or articles of any sort using only
the non-flammable dry cleaning solvent perchloroethylene (PERC) or
similar non-flammable solvents approved for use in dry cleaning plants
by the Federal Environmental Protection Agency and disposes of all
dry cleaning process by-products in conformity with Federal Environmental
Protection Agency requirements.
A building or portion thereof designed and used exclusively
for residential occupancy, including single-, two- and multiple-family
dwellings, boarding and lodging houses and manufactured homes, but
not including hotels, house trailers or mobile homes.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families living independently of
each other and providing separate kitchen and living spaces for each
family.
A detached building arranged, intended or designed for occupancy
by one (1) family.
A building arranged, intended or designed for occupancy by
two (2) families living independently of each other and providing
separate kitchen and living spaces for each family.
A building having one (1) room or rooms connected together,
intended or designed for residential occupancy.
An authorization, by a property owner, providing for the
use of a designated portion of the property by another for a specified
purpose.
A facility engaged in the plating of metal products with
a continuous coating by electrodeposition or immersion in molten zinc.
An advancement or intrusion beyond the lines or limits as
designated and established by a Statute, ordinance or other law.
The expansion of a building, structure or use in volume,
size, area, height, length, width, depth, capacity, ground coverage
or number.
Constructed upon or moved onto a site.
A use involving on-site extraction of surface or subsurface
mineral sand, gravel or soil resources. Typical uses include borrow
pits, but do not include grading and removal of dirt associated with
an approved site plan or subdivision or excavations associated with
and for the improvement of an agricultural use.
One (1) or more persons who are related by blood, marriage
or adoption, including not more than three (3) additional persons
not so related, living together and occupying a single dwelling unit.
Foster children shall be considered family.
An establishment devoted to hatching, raising or rearing
fish for sale or use elsewhere.
Whenever the term "floor area" is used in
this code as a basis for requiring off-street parking for any structure,
it shall be assumed that, unless otherwise stated, said floor area
applies not only to the ground floor area but also to any additional
stories of said structure. All horizontal dimensions shall be taken
from the exterior faces of walls.
The interior floor area of a dwelling, including stairways,
hallways and closets, but not including basements, garages, breezeways,
porches, patios or decks.
A building with a furnace and other necessary equipment designed
and used to produce wrought iron products and where iron is made malleable.
A building with furnace and other necessary equipment designed
and used to cast metals and metal products.
A building or area in which freight brought by motor truck,
barge, air or rail is received, assembled or stored and dispatched
for routing and may include storage.
That section of a block fronting on a street between two
(2) intersecting streets or other block boundary.
Those sides of a lot abutting a street, measured along the
front property line as it abuts the street right-of-way or easement
line.
A street parallel and adjacent to, but separated from, an
arterial or collector and primarily used for access to the abutting
properties.
See "COLD STORAGE FACILITY".
An establishment selling various household furnishing goods,
such as furniture, refrigerators, washing machines, etc.
A structure or building or portion thereof in which one (1)
or more cars are parked or stored. For purposes of this Chapter, garages
include carports.
A business engaged in making or altering outer clothing garments,
including shoe repair.
A building and/or premises where gasoline, oil and minor
auto accessories may be supplied and dispensed at retail, but not
including automobile repair or services.
A tract of land laid out with at least nine (9) holes for
playing a game of golf and improved with tees, greens, fairways and
hazards. A golf course may include a clubhouse, restrooms, a driving
range and shelters as accessory uses.
The average elevation of the finished ground level along
a building wall.
A building or premises used for the cultivation of plants,
preparation of floral arrangements, cold storage of flowers or dry
storage of materials used and sold for agricultural or horticultural
purposes.
A building constructed for the cultivation of plants not
for sale on the premises.
A store where most of the floor area is devoted to the sale
of food products for home preparation and consumption, which typically
also offer other home care and personal care products and which are
substantially larger and carry a broader range of merchandise than
convenience stores.
Any home in which eight (8) or fewer unrelated developmentally
disabled persons reside and may include up to two (2) additional persons
acting as houseparents or guardians who need not be related to each
other or to any of the developmentally disabled persons residing in
the home.
A building or premises where there are facilities of any
sort for the firing of handguns, rifles, other firearms or archery.
An area used or intended to be used for the landing and takeoff
of helicopters and may include any or all of the areas of buildings
appropriate to accomplish these functions.
A defined area designated by ordinance which contains properties
or buildings that may or may not be recognized landmarks but which
contribute to the overall historic character of the designated area.
An establishment engaged in the retail sale of various materials
and supplies used for home repair or construction, including hardware,
tools, building materials, paint and glass, housewares, household
appliances and fixtures and garden supplies.
Any occupation or activity conducted within a dwelling unit
which is clearly incidental and subordinate to the use of the premises
for dwelling purposes.
A private, non-profit corporation or association of homeowners
of properties in a fixed area established for the purpose of owning,
operating and maintaining various common properties and facilities.
The use of land for the growing or production for income
of fruits, vegetables, flowers, nursery stock, including ornamental
plants and trees and cultured sod.
A coordinated program of palliative and supportive services
provided in both home and inpatient settings which provides for physical,
psychological, social and spiritual care for dying persons and their
families where services are provided by a medically directed interdisciplinary
team of professionals and volunteers and bereavement care is available
to the family following the death of the person.
A building or institution licensed by the State and designed
and used for the medical and surgical diagnosis, treatment and housing
of persons under the care of doctors and nurses.
A building or portion thereof, including more than twelve
(12) sleeping rooms, offering transient lodging accommodations at
a daily rate to the general public and may provide associated services
such as restaurants, meeting rooms and recreational facilities. The
word "hotel" includes motels and inns.
The construction of a building or structure on a vacant parcel
located in a predominately built up area.
Any motor vehicle which:
Does not have a current State license plate, or
Which may or may not have a current State license plate, but
is disassembled or wrecked in part or in whole or is unable to move
under its own power or is not equipped as required by State law for
operation upon streets or highways.
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A vehicle which is wholly or partially dismantled shall not
be considered inoperable when said vehicle is inside a completely
enclosed building.
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Any change, alteration, extension, expansion or enlargement
of a use or use and structure in combination where the off-street
parking requirements of this code would be calculated at a higher
ratio and/or would require that additional off-street parking spaces
be provided.
Any premises licensed as such by the State, other than a
residential care facility, assisted living facility or skilled nursing
facility, which is utilized by its owner, operator or manager to provide
twenty-four (24) hour accommodation, board, personal care and basic
health and nursing care services under the daily supervision of a
licensed nurse and under the direction of a licensed physician to
five (5) or more residents dependent for care and supervision in accordance
with their State license.
A parcel of land that has not been subdivided through adopted
plat procedures, but nonetheless has been assigned a lot or tract
number for identification purposes.
Any lot, land parcel, building or structure or part thereof
for storage, collection, purchase, sale, salvage or disposal including,
but not limited to: machinery, appliances, farm equipment and including
motor vehicles, parts and equipment that are a result of the dismantling
or wrecking or keeping of junk, including scrap metals or other scrap
materials.
Any structure, land or combination thereof used, designed
or arranged for the boarding, breeding or care of dogs, cats, pets,
fowl, horses or other domestic animals on a not-for-profit basis or
for educational activities.
Any structure, land or combination thereof used, designed
or arranged for the keeping of horses only, when permitted as accessory
to a residential use.
An enclosed building or structure for the commercial keeping,
sheltering, training or selling of dogs, cats or other small domestic
animals with attached outdoor runs or exercise areas permitted for
use by animals.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
A facility for scientific laboratory analysis of natural
resources, medical resources and manufactured materials. The scientific
analysis is generally performed for an outside customer to support
the work of that customer.
A disposal site employing a method of disposing solid wastes
in a manner that minimizes environmental hazards in accordance with
State and Federal requirements.
Plant materials, topography and other natural physical elements
combined in relation to one another and to manmade structures.
An establishment providing for the self-service washing,
drying and cleaning of clothes or linens.
A facility for the transitional residency of the elderly
and/or disabled persons, progressing from independent living to congregate
apartment living where residents share common meals and culminating
in full health care and dependant nursing services. A life care facility
may include services provided through any combination of assisted
living facility, hospice, intermediate care facility, residential
care facility and skilled nursing facility.
Buildings or spaces within buildings that are used jointly
for commercial and residential purposes.
An off-street space located on the same lot with a main building
or contiguous to a group of buildings, provided for the temporary
parking of vehicles while loading or unloading and which abuts a street,
alley or other appropriate means of ingress and egress.
A tract of land intended as a unit of transfer of ownership
or development.
The total area within the boundary lines of a lot.
A lot abutting upon two (2) or more thoroughfares at their
intersection. A corner lot shall provide a front yard setback along
each street frontage.
That portion of a lot covered by principal and accessory
structures and/or buildings, expressed as a percentage of the lot
area.
The average distance from the front property line to the
rear property line measured in the general direction of the side property
lines.
A lot having a frontage on two (2) non-intersecting streets.
A lot with frontage and access provided to the bulk of the
lot by means of a narrow corridor.
A lot whose boundary lines, along their entire length, touched
lands under other ownership as indicated by plat or deed recorded
in office of Recorder of Deeds of Cass County since on or before December
3, 1979.
Any lot other than a corner lot.
The lines bounding a lot as defined herein.
The property line abutting a street right-of-way or roadway
easement line.
A property line which does not abut a street right-of-way
or roadway easement line and is opposite and most distant from the
front lot line.
Any lot line not a front lot line or rear lot line.
A lot which is part of a recorded plat recorded in the office
of the County Recorder or lot or parcel described by metes and bounds,
the description to which has been so recorded.
See "LOT, DOUBLE FRONTAGE".
The average horizontal distance between side lot lines measured
at right angles to the depth of the lot.
A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage and area and to provide such
yards and other open spaces as are herein required. Such lot shall
have frontage on an improved public street or on the approved private
street and may consist of:
A single lot of record;
A portion of a lot of record;
A combination of complete lots of record and portions of lots
of record or of portions of lots of record; or
A parcel of land described by metes and bounds; provided that
in no case of division or combination shall any residual lot or parcel
be created which does meet the requirements of this code.
The manufacturing, processing and sales uses involving the
milling of forest products to produce rough and finished lumber and
other wood materials for use in other manufacturing, craft or construction
processes.
Shops where lathes, presses, grinders, shapers and other
wood- and metal-working machines are used such as blacksmith, tinsmith,
welding and sheet metal shops; and plumbing, heating and electrical
repair shops.
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their own running gear and designed to be used as a dwelling
unit or units with or without a permanent foundation and identified
by a seal as required under State law. The phrase "without
a permanent foundation" indicates that the support system
is constructed with the intent that the manufactured home placed thereon
may be moved from time to time at the convenience of the owner.
A parcel of land which has been planned and improved for
the placement of manufactured homes for residential use on single
lots.
The initial manufacture, compounding and processing of raw
or unprocessed materials or the manufacture of component parts that
require additional processing, fabrication or assembly prior to use
by the consumer.
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts and the blending of materials, such as lubricating oils, plastics,
resins or liquids, for final use or consumption.
A novelty version of golf played with a putter and a golf
ball on a miniature course, typically with artificial playing surfaces
and including obstacles.
A building or group of buildings containing individual, compartmentalized
and controlled access stalls or lockers for storage.
Properties where various uses, such as office, commercial,
institutional and/or residential, are combined in a single building
or on a single site in an integrated development project with significant
functional interrelationships and a coherent physical design.
Any structure not defined as a manufactured home used for
sleeping purposes, having no foundation other than wheels, blocks,
skids, jacks, horses or skirting and which have been or reasonably
may be equipped with wheels or other devices for transporting the
structure from place to place.
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes, but not including structures under six hundred
fifty (650) square feet used temporarily and exclusively for construction
site office purposes.
See "HOTEL".
A specialized structure for showing movies or motion pictures
in one (1) or more auditoriums.
An institution devoted to the procurement, care, study and
display of objects of lasting interest or value.
A building or portion thereof which was lawful when established
but which does not conform to subsequently established zoning or zoning
regulations because it does not meet the height, setback or other
requirements of the district in which it is located.
A lot that was lawful when created, but which does not conform
to subsequently established zoning or subdivision regulations because
it does not meet the area, dimension, parking, minimum improvement
or other requirements of the district in which it is located.
A use that was lawful when established, but which does not
conform to subsequently established zoning regulations because it
no longer appears in the list of uses allowed in the district in which
it is located or has not been issued a required permit.
The use of a premises for the propagation, cultivation and
growth of trees, shrubs, plants, vines and the like from seed or stock
and the sale thereof and including the sale of trees, shrubs, plants,
vines and the like purchased elsewhere and transplanted into the soil
of the premises. In connection with the sale of plants, such fungicides,
insecticides, chemicals, peat moss, humus, mulches and fertilizers
as are intended to be used in preserving the life and health of the
plants may be sold.
A business establishment or portion thereof where consulting,
record keeping, bookkeeping and clerical work are performed, but not
to include medical offices or clinics.
A business establishment or portion thereof furnishing medical,
surgical or other service to individuals, including the offices of
physicians, dentists and other health practitioners, medical and dental
labs, outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
A development on a tract of land that contains a number of
separate businesses, offices, light manufacturing facilities, accessory
and supporting uses and common open space designed, planned and constructed
on an integrated and coordinated basis.
A fence that completely screens the property beyond the fence,
including wood stockade or privacy fences when all pickets are free
of holes and gaps and solid walls. Chain link fences with slats are
not considered to be opaque fences.
That part of a lot or parcel not devoted to buildings, structures,
parking or loading areas, driveways or any principal or accessory
use.
A separate and distinct area set aside as open space within
or related to a development and not on individually owned lots or
dedicated for public use, but which is designed and intended for the
common use or enjoyment of the residents of the development. Rights-of-way,
private streets, driveways, parking lots or other surfaces designed
or intended for vehicular use or required yards shall not be included
as common open space.
The establishment, care and harvesting of more than twenty-five
(25) fruit-bearing trees for the purpose of selling the fruit to others.
An area of designated size used as a seating area with tables
and chairs for the contiguous restaurant. This seating may be in addition
to the indoor seating or it may be the only seating available for
the restaurant.
A lot or parcel of land which is intended for other designated
smaller uses and/or open space.
A district in which additional requirements act in conjunction
with the underlying zoning district.
A lot or a contiguous group of lots in single ownership or
under single control.
Any public or private land available for recreational, educational,
cultural or aesthetic use.
An off-street, surfaced, ground level open area for the temporary
storage of five (5) or more motor vehicles.
All hard-surfaced areas other than public rights-of-way for
the purpose of parking vehicles.
The space designated for parking a vehicle within the paved
portion of the street right-of-way.
A structure or portion thereof composed of one (1) or more
levels or floors used exclusively for the parking or storage of motor
vehicles. A parking structure may be totally below grade (as in an
underground parking garage) or either partially or totally above grade
with those levels being either open or enclosed.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
The location at which or premises in which a pawnbroker regularly
conducts business.
A facility for the detention, confinement, treatment or rehabilitation
of persons who are in the custody of law enforcement officials and
have been arrested or convicted for the violation of civil or criminal
law.
A financial guarantee to ensure that all improvements, facilities
or work required by this code will be completed in compliance with
these regulations as well as with approved plans and specifications
of a development.
An enclosed or open-air space suitable for a variety of arts
performances, the principal use of which space shall be for public
performing arts presentations, although incidental use for private
meetings, exhibits and presentations shall be permitted.
See "USE, PERMITTED".
An establishment where a household pet may be left for a
period of time less than twenty-four (24) hours, where kenneling does
not occur.
A retail sales establishment primarily involved in the sale
of supplies and goods used for domestic animals, which may be secondarily
involved in the sale or grooming of domestic animals, such as dogs,
cats, fish, birds and reptiles, but excluding exotic animals and farm
animals such as horses, goats, sheep and poultry.
A map showing the location, boundaries and legal description
of individual lots.
A lot or zoning lot, together with all improvements thereon.
A commercial printing operation involving a process that
is considered printing, imprinting, reproducing or duplicating images
and using printing methods including, but not limited to, offset printing,
lithography, web offset, flexographic and screen process printing.
An establishment in which the principal business consists
of duplicating and printing services using photocopy, blueprint or
offset printing equipment, including publishing, binding and engraving.
A building or structure used for the sale of fresh fruits,
vegetables, flowers, herbs or plants. May also involve the accessory
sales of other unprocessed foodstuffs, home processed food products
and homemade handicrafts.
The legal, platted boundary of a lot or tract of land.
Any building, location or structure owned by a public entity
such as a library, fire station, school, park and other similar facilities
and uses.
A specified activity or area that either through actual public
ownership or through dedication of easements allows the general public
access and use.
Any business which furnishes telephone service, cable, fiber
optic, electricity, natural gas, water, sewer or services to the general
public.
An excavation activity designed to mine, extract or remove
specific natural resources from the earth's surface for commercial
purposes. This does not include underground mining and extraction.
The Cass County Recorder of Deeds.
Indoor and outdoor facilities for the use by the public for
passive and active recreation including tennis, handball, racquetball,
basketball, track and field, jogging, baseball, soccer, skating, swimming
or golf. This shall include country clubs and athletic clubs, but
not facilities accessory to a private residence used only by the owner
and guests, nor arenas or stadiums used primarily for spectators to
watch athletic events.
A vehicular unit designed for recreational camping or travel
use having either its own power or designed to be mounted on or drawn
by a motor vehicle. Recreational vehicle includes motor home, truck
camper, travel trailer, camping trailer and fifth wheel.
A tract of land upon which two (2) or more recreational vehicle
sites are located, established or maintained for occupancy by recreational
vehicles of the general public as temporary living quarters for recreation
or vacation purposes by campers, vacationers or travelers.
The act of rehabilitation or demolition of existing buildings
and/or land area irrespective of whether a change occurs in land use.
A site used by a bona fide religious group primarily or exclusively
for religious worship and related religious services, including a
place of worship, retreat site or religious camp.
Any premises licensed as such by the State, other than an
assisted living facility, intermediate care facility or skilled nursing
facility, which is utilized by its owner, operator or manager to provide
twenty-four (24) hour care to five (5) or more residents, who need
or are provided with shelter, board and with protective oversight,
which may include storage and distribution or administration of medications
and care during short-term illness or recuperation in accordance with
their State license.
Any premises where a group of individuals (who are not mentally
ill or developmentally disabled) reside while receiving treatment
for alcohol or other drug abuse. Such facility shall not include residents
with a current or ongoing addiction to alcohol or other drugs.
Any business establishment or portion thereof where food
is prepared for sale for consumption off the premises and served in
disposable containers or wrappers, including all fast-food restaurants
equipped with a drive-through service or having a carry-out service
and having no customer seating.
Any business establishment or portion thereof where food
is prepared for sale for consumption on or off the premises and/or
served in disposable containers or wrappers, including all fast-food
restaurants equipped with a drive-through service and/or having a
carry-out service.
Any business establishment or portion thereof where food
is prepared for sale for consumption on the premises, including all
sit-down restaurants, where food and beverage are served in non-disposable
containers and which may involve carry-out service and the serving
of beer, wine and alcoholic beverages on the premises of a limited
nature as an accessory use to the restaurant.
A stand alone building with a large parking lot or a part
of a larger commercial center with a gross floor area of sixty thousand
(60,000) square feet or more including, but not limited to: department
store, supermarket, wholesale club operation, discount store, general
merchandise retailer, specialized product store (i.e., electronics,
building materials or pet supplies), outlet store, general merchandise
wholesaler open to the public, warehouse club and similar uses.
Establishments less than sixty thousand (60,000) square feet
engaged in selling goods or merchandise to the general public for
personal or household consumption and/or services in conjunction or
separate to the sale of such goods. Retail sales/service establishments
shall not include eating and drinking places, uses defined as adult
entertainment, vehicle sales or service or wholesale, processing or
manufacturing operations with an accessory retail outlet on the premises.
An age restricted development limited to residents who are
fifty-five (55) years old or more, which may be in any housing form,
including detached and attached dwelling units, apartments and residences,
offering private and semi-private rooms.
An amendment to or change in the official Zoning Map.
An area or strip of land, either public or private, on which
an irrevocable right of passage has been dedicated, recorded or otherwise
legally established for the use of vehicles, utilities and/or pedestrians.
The travel surface of a street located between the curbs
or pavement edges when curbs are not present.
An engineered land burial facility for the disposal of solid
waste which is so located, designed, constructed and operated to contain
and isolate the solid waste so that it does not pose a substantial
present or potential hazard to human health or the environment.
Proportional relationship of the size of parts to one another
and to the human figure.
Public and other non-profit institutions conducting regular
academic instruction at kindergarten, elementary and secondary levels.
Such institutions shall offer general academic instruction equivalent
to the standards prescribed by State law.
A school where classes in the various arts (e.g., dancing,
painting, sculpting, singing) are taught to four (4) or more persons
at a time.
A school or center for children under school age.
A structure of planting that conceals from view from public
ways the area behind such structure or planting.
The careful and planned removal of trees, shrubs and plants
using specific standards and protection measures.
Ownership of a parcel of land by a person who does not own
any of the land abutting such parcel.
A building and premise where the primary use is the supply
and dispensing at retail of motor fuels, lubricants, batteries, tires
and motor vehicle accessories and where light maintenance activities
such as engine tune-ups, lubrications and washing may be conducted,
but not including heavy maintenance and repair such as engine overhauls,
painting and body repair.
The distance required between a property line or roadway
easement line and the placement of a building or structure on a lot.
A line which defines the depth of the required front yard
between the front of a building or structure and the street right-of-way.
Corner lots and through lots shall have a front yard setback along
both street frontages.
The minimum distance as prescribed by this code between any
property line or roadway easement line and the closest point of the
building line or face of any building or structure related thereto.
A line which defines the depth of the required rear yard
between the rear of a building or structure and the property line
opposite the front yard. Said setback line shall be parallel with
the rear property line except for corner lots and through lots.
A line which defines the depth of the required side yard
between the side of a building or structure and an interior property
line, extending between the established front and rear setback lines.
Said setback line shall be parallel with the interior property line.
For purposes of accessory buildings/structures, the side yard setback
shall be extended to the rear property line.
A group of commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on-site, provisions for goods delivery that is separated from customer
access, aesthetic considerations and protection from the elements.
A group of commercial establishments with off-street parking
on the property that are generally planned and developed as an architectural
unit, with a primary trade area of the neighborhood(s) in which it
is located.
A group of commercial establishments with off-street parking
on the property that are planned and developed as an architectural
unit, a centrally managed facility requiring a highway or arterial
location for their most beneficial operation; the market area of which
includes the metropolitan area.
A business engaged in providing short-term loans to members
of the general public and which is not a bank, savings and loan association
or other financial institution as defined in this Chapter. Short-term
loan establishments shall include businesses offering payday loans,
signature loans, small loans, consumer installment loans and other
similar loans, but the term does not include pawnshops or title loan
establishments.
See "OUTDOOR DINING AREA".
See "VISIBILITY TRIANGLE".
The use of land, buildings or structures of like kind or
general nature with other uses within a zoning district as related
to bulk, intensity of use, traffic generation and congestion, function,
public services requirements, aesthetics or other similarities.
A plan, prepared to scale, showing accurately and with complete
dimensioning the boundaries of a site and the location of all buildings,
structures, uses, drives, parking, drainage, utilities, landscape
features and other principal site development improvements for a specific
parcel of land.
A recreational facility containing ramps and other obstacle
courses and devices for use with skateboards and skates.
A structure which is shaped into a half circle or oval, that
is designed and principally intended to permit persons on skateboards
to move continuously from one side to the other.
A structure with an upward inclined surface, essentially
one (1) of the sides of a pipe, which are designed and principally
intended to permit persons on skateboards to move from horizontal
to vertical and back to horizontal.
An establishment that provides facilities for participant
skating on ice skates, roller skates or inline skates.
Any premises licensed as such by the State, other than a
residential care facility, an assisted living facility or an intermediate
care facility, which is utilized by its owner, operator or manager
to provide for twenty-four (24) hour accommodation, board and skilled
nursing care and treatment services to at least five (5) residents.
Skilled nursing care and treatment services are those services commonly
performed by or under the supervision of a registered professional
nurse for individuals requiring twenty-four (24) hours a day care
by licensed nursing personnel including acts of observation, care
and counsel of the aged, ill, injured or infirm, the administration
of medications and treatments as prescribed by a licensed physician
or dentist and other nursing functions requiring substantial specialized
judgment and skill in accordance with their State license.
A facility for the slaughtering and processing of animals
and the refining of their by-products.
An establishment engaged in the repair of small electric
items such as radios, televisions, computers and small appliances
such as toasters and microwave ovens, but not including large electrical
items or appliances such as ranges, refrigerators, washers or dryers.
A retail commercial use less than five thousand (5,000) square
feet that merchandises a limited amount of products of a similar nature
such as, but not limited to, jewelry, vintage clothing, imported goods,
home furnishings, greeting cards, ice cream and candy, books, art
supplies, coffee or health food.
The showing of:
Less than completely and opaquely covered human genitals, pubic
region, anus or female breast below a point immediately above the
top of the areola, but not including any portion of the cleavage of
the female breast exhibited by a dress, blouse, shirt, leotard, bathing
suit or other wearing apparel, provided the areola is not exposed,
or
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered or any device covering that, when worn, simulates
male genitals in a discernibly turgid state.
Activities which include:
Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts, or
Sex acts normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy, or
Masturbation, actual or simulated, or
Human genitals in a state of sexual stimulation, arousal or
tumescence, or
Excretory functions as part of or in connection with any of
the activities set forth above.
The zoning of a small land area for a use which differs measurably
from the zoned land use surrounding this area. Land may not merely
be so zoned in the interest of an individual or small group, but must
be done in the general public interest.
An accessory building for the keeping of ponies, horses or
mules owned by occupants of the premises and not kept for remuneration,
hire or sale.
A stable other than a private or riding stable as defined
herein.
A structure in which horses or ponies, used exclusively for
pleasure riding or driving, are housed, boarded or kept for hire;
including riding tack.
A structure used for the temporary keeping of livestock for
slaughter, market or shipping and may include animal sales in auction
yards.
The keeping, in a roofed or unroofed area, of any goods,
material, merchandise or vehicles.
A use where goods are received and/or stored for delivery
to the ultimate customer at remote locations.
A conduit that carries natural storm and surface water drainage
but not sewage and industrial wastes, other than unpolluted cooling
water.
Any storm drainage technique that retards or detains runoff,
such as a detention basin, parking lot storage, rooftop storage, porous
pavement, dry wells or any combination thereof. Said detention shall
be designed by a licensed professional engineer and approved by the
City.
The collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating or filtering of surface
water or ground water and/or runoff, together with applicable managerial
(non-structural) measures.
An area designed by a licensed professional engineer and
approved by the City to retain water to control the flow of stormwater.
Surplus surface water generated by rainfall that does not
seep into the earth but flows over land.
That part of a building included between the surface of one
floor and the surface of the floor next above or if there be no floor
above, that part of the building which is above the surface of the
next highest floor thereof. A top story attic is one-half (½)
story when the main line of the eaves is not above the middle of the
interior height of such story. The first (1st) story is the highest
story having its interior floor surface not more than four (4) feet
above the average grade or established curb level.
A public or private thoroughfare, right-of-way or roadway
easement dedicated, deeded or recorded for use as such, other than
an alley, which affords principal means of access to property abutting
thereon.
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STREET, ARTERIAL — A street primarily intended
to carry traffic from one part of the City to another and secondarily
intended to provide access to abutting properties.
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STREET, COLLECTOR — A street primarily intended
to gather traffic from a subdivision and carry it to an arterial street,
but also intended to provide direct access to abutting properties.
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STREET, CUL-DE-SAC — A street having one (1)
end open to traffic and being permanently terminated by a vehicle
turnaround.
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STREET, LOCAL — A street intended to provide
direct access to abutting properties.
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STREET, PRIVATE — A platted and recorded lot
of common ownership, usually by a property-owner association, not
dedicated to the City but providing an access easement for use of
the public, giving access to the other lots of the subdivision and
to the adjoining street pattern.
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STREET, PUBLIC — A dedicated, platted, recorded
and accepted passageway for public travel.
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The centerline of a street right-of-way as established by
official surveys.
See "FRONTAGE, ROAD".
See "ALTERATION, STRUCTURAL".
Anything constructed or erected, which requires location
on the ground or attached to something having a location on the ground
including, but not limited to, buildings, manufactured or mobile homes,
advertising signs, billboards, poster panels, fences or boundary or
retaining walls.
The division of a lot, block, tract or parcel of land into
two (2) or more lots, parcels, plats or sites or other divisions of
land, including all changes in street lines or lot lines, for the
purpose of sale, lease, offer or development, whether immediate or
future. The term shall also include the division of residential, commercial,
industrial, agricultural or other land whether by deed, metes and
bounds description, lease, map, plat or other instrument. The division
of land into lots two (2) or more in number, each lot with area greater
than five (5) acres and not involving any new street, alley, easement
or other means of access, shall not be deemed a subdivision for the
purpose of this Chapter.
A retail establishment primarily selling prepackaged and
perishable food as well as convenience and household goods and having
a gross floor area of sixty thousand (60,000) square feet or more.
The act of creating one (1) or more of the following:
A structure used as a day facility or temporary dwelling
for abuse victims, transient or homeless individuals, but not including
orphanages or foster homes, operated by a non-profit religious, educational
or philanthropic institution.
See "USE, TEMPORARY".
The entire width of the public right-of-way, as distinct
from the roadway.
An establishment primarily engaged in the sale of used clothing,
household goods, furniture or appliances. This classification does
not include antique shops.
A business engaged in providing title loans to members of
the general public as an element of its operation and which is not
a bank, savings and loan or credit union. "Title loans" are defined as a transaction between a borrower and a lender for
which the borrower pledges any titled personal property to the lender
as security for a loan received from the lender.
A one-family dwelling unit, with a private entrance, in a
group of two (2) or more units laterally connected and having a totally
exposed front and rear wall to be used for access, light and ventilation.
A facility engaged primarily in the fueling, servicing, repair
or parking of tractor trucks or similar heavy commercial vehicles.
A truck stop may also include a convenience store, restaurant, overnight
parking and shower facilities.
The purpose or activity for which land or buildings are designed,
arranged or intended or for which land or buildings are occupied or
maintained.
A use customarily incidental, related, appropriate and clearly
subordinate to the main use of the property, which does not alter
the principal use of the lot or affect other properties in the district.
Any land use allowed without condition within a zoning district.
The main use of land or structure, as distinguished from
an accessory use. Also see "BUILDING, PRINCIPAL".
Any use of land, other than non-conforming, which is not
listed as a permitted use or conditional use within a zoning district.
A use where allowed by the district regulations, that would
not be appropriate generally throughout the zoning district without
restrictions, but which, if controlled as to number, size, area, location,
relationship to the neighborhood or other minimal protective characteristics,
would not be detrimental to the public health, safety and general
welfare.
Impermanent uses of an occasional nature not exceeding six
(6) months maximum duration. Temporary uses shall not involve the
use of permanent structures, permanent signs or portable signs. Uses
of a seasonal nature that recur periodically on a regular basis on
the same site and reoccupy the same permanent building shall not be
considered temporary uses.
A relief from, modification of or variation from the strict
application of the provisions of this Chapter, as applied to a specific
piece of property, as distinct from rezoning.
A vehicle shall be broadly interpreted to mean any implement
of conveyance designed or used for the transportation of people or
materials on land or water including, but not limited to, automobiles,
trucks, bicycles, motorcycles, snowmobiles, boats, trailers, campers,
wagons, etc.
A facility which provides vehicle collision repair services,
including body frame straightening, replacement of damaged body or
frame parts and painting, but does not include mechanical engine or
powertrain repair.
The storage and display for the retail or wholesale sale,
rental or lease of more than two (2) new or used vehicles and which
may include facilities for the incidental repair or body work of vehicles.
A facility providing major vehicle repair, bodywork, frame
straightening, welding, painting, temporary storage of non-operable
vehicles and the sale of motor fuels, tires and lubricants for retail
sale directly to the motorist/consumer.
An area at a street intersection in which nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
materially impede visibility.
A use devoted to the distribution and sale of information
for visitors and other travelers.
A building used primarily for the storage of goods and materials.
Use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment.
A use engaged in the process of joining that uses heat, pressure
and/or chemicals to fuse two (2) metal materials together permanently.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas.
An establishment for the on-premises sales of goods primarily
to customers engaged in the business of reselling purchased goods.
An agricultural processing facility used for the fermenting
and processing of fruit juice into wine, the refermenting of still
wine into sparkling wine.
A required open space at grade between a building and the
adjoining lot lines, unoccupied and unobstructed by any portion of
a structure from the ground upward, except as otherwise provided by
this code. In measuring a yard for the purpose of determining the
width of the side yard, the depth of a front yard or the depth of
a rear yard, the average horizontal distance between lot lines and
the main building shall be used.
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YARD, FRONT — A required yard across the full
width of the lot extending from the front setback line to the front
lot line and extending between side lot lines.
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YARD, REAR — A required yard across the full
width of the lot extending from the rear lot line to the rear setback
line and extending between side lot lines.
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YARD, SIDE — A required yard across the depth
of the lot between the front and rear yard lines extending from the
side setback line to the adjacent side lot line.
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The Peculiar Zoning Board of Adjustment.
A section of the City with defined boundaries in which zoning
regulations and standards are uniform.
An officially adopted map depicting the boundaries of the
various zoning districts described in this code.
