[CC 1964 §701.020; Ord. No. 2019-012, 8-8-2019]
Definitions of certain words and terms to be used in construing
the meaning of this Chapter are hereby defined. Words used in the
present tense include the future; the singular number includes the
plural, and the plural the singular; the word "shall" or the word
"must" is mandatory and not directory.
ACCESSORY USE OR BUILDING
A use or building customarily incident to the then actual
principal use or building and located on the same lot with such actual
principal use or building.
ALLEY
A public way which affords only secondary access to abutting
property.
AMUSEMENT PARK, CHILDREN'S
A group of not more than a total of twelve (12) amusement
devices for children only, including pony rings, and their necessary
accessory uses, located on a plot of ground with an area of not over
three (3) acres, which area shall include provision for off-street
parking.
APARTMENT
That portion of an apartment house or hotel designed or intended
for use by a single family unit.
APARTMENT HOTEL
An apartment house which furnishes services, for the use
of its tenants, which are ordinarily furnished by hotels but the privileges
of which are not primarily available to the public.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied
by five (5) or more families living independently of each other.
ATTACHED ACCESSORY BUILDING
An accessory building which has at least twenty-five percent
(25%) of any wall common with a wall or portion of a wall of a principal
building, or it is built as an integral part of the principal building,
or which is attached to the principal building in a substantial manner
by a roof.
AUTO WRECKING
The dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
BASEMENT HOUSE
A single-floor residence which has more than twenty-five
percent (25%) of the outer wall area below the mean level of the surrounding
ground.
BLOCK
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railway rights-of-way, or park, etc., or a combination
thereof.
BOARD
The word "Board" shall be construed to mean the Board of
Zoning Adjustment as now provided by Statute.
BUILDING
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels.
BUILDING LINE
A line established, in general, parallel to the front street
line between which and the front street line no part of a building
shall project, except as otherwise provided.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department of Health and Senior
Services to acquire, cultivate, process, package, store on-site or
off-site, transport to or from, and sell marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as clones) to a medical
marijuana facility, comprehensive marijuana facility, or marijuana
testing facility. A comprehensive marijuana cultivation facility need
not segregate or account for its marijuana products as either non-medical
marijuana or medical marijuana. A comprehensive marijuana cultivation
facility's authority to process marijuana shall include the creation
of pre-rolls, but shall not include the manufacture of marijuana-infused
products.
[Ord. No. 2024-001, 1-11-2024]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department of Health And Senior
Services to acquire, process, package, store on-site or off-site,
sell, transport to or from, and deliver marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as clones), marijuana-infused
products, and drug paraphernalia used to administer marijuana as provided
for in this Code to a qualifying patient or primary caregiver, as
those terms are defined in this Section, or to a consumer, anywhere
on the licensed property or to any address as directed by the patient,
primary caregiver, or consumer and consistent with the limitations
of this Code and as otherwise allowed by law, to a comprehensive facility,
a marijuana testing facility, or a medical facility. Comprehensive
dispensary facilities may receive transaction orders at the dispensary
directly from the consumer in person, by phone, or via the internet,
including from a third party. A comprehensive marijuana dispensary
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana, but shall collect
all appropriate tangible personal property sales tax for each sale,
as set forth in this Code and provided for by general or local law.
A comprehensive marijuana dispensary facility's authority to process
marijuana shall include the creation of prerolls.
[Ord. No. 2024-001, 1-11-2024]
COMPREHENSIVE MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
product manufacturing facility.
[Ord. No. 2024-001, 1-11-2024]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the DHSS to acquire, process, package,
store, manufacture, transport to or from a medical marijuana facility,
comprehensive marijuana facility, or marijuana testing facility, and
sell marijuana-infused products, pre-rolls, and infused pre-rolls
to a marijuana dispensary facility, a marijuana testing facility,
or another marijuana-infused products manufacturing facility. A comprehensive
marijuana-infused product manufacturing facility need not segregate
or account for its marijuana products as either non-medical marijuana
or medical marijuana.
[Ord. No. 2024-001, 1-11-2024]
CONSUMER
A person who is at least twenty-one (21) years of age.
[Ord. No. 2024-001, 1-11-2024]
CURB LEVEL
The mean level of the curb in front of the lot, or in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, but not including hotels.
DWELLING UNIT
A dwelling or portion thereof designed for occupancy by one
(1) family.
DWELLING, MULTIPLE
A building or portion thereof designed for occupancy by three
(3) or more families living independently of each other.
FAMILY
An individual, or two (2) or more persons related by blood
or marriage, or a group of not more than five (5) persons (excluding
servants) who need not be related by blood or marriage, living together
as a single housekeeping unit in a dwelling unit.
GARAGE, COMMUNITY
A building, or portion thereof, other than a public, private
or storage garage, providing storage for motor vehicles with facilities
for washing, but not other services, such garage to be in lieu of
private garages within a block or portion of block.
GARAGE, PRIVATE
An accessory building for the storage only of motor vehicles
owned by the residents of the property.
GARAGE, PUBLIC
A building or premises which is operated for commercial purposes
and used for the storage, care or repair of motor vehicles.
GARAGE, STORAGE
A building, or portion thereof, except those defined as a
private or a community garage, providing storage for motor vehicles,
with facilities for washing but no other services.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
GROUP HOUSING PROJECT
A building project, consisting of five (5) or more buildings
(whether separately located or separated only, but completely, by
fire walls) to be constructed on a plot of ground of three (3) or
more acres in one (1) ownership which is not subdivided into the customary
streets and lots, or where the existing or contemplated street or
streets and lot layouts make it impracticable to apply the requirements
of this order to the individual building units in such housing project.
HEIGHT OF BUILDINGS
The vertical distance measured from the highest of the following
three (3) levels:
1.
From the street curb level;
2.
From the established or mean street grade in case the curb has
not been constructed;
3.
From the average finished ground level adjoining the building
if it sets back from the street line;
To the level of the highest point of the roof beams of flat
roofs or roofs inclining not more than one (1) inch to the foot, and
to the mean height level of the top of the main plate and highest
ridge of other roofs.
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HEIGHT OF YARD OR COURT
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
HOME OCCUPATION
Any occupation which is customarily incidental to the main
use of the premises as a dwelling place, and is conducted by a member
of a family residing in the dwelling, and in connection with which
there is kept no stock in trade nor commodity sold upon the premises;
provided that no person is employed other than a member of the immediately
family, related by blood or marriage, residing on the premises; provided,
further, that no mechanical equipment is installed or used in excess
of one-quarter (1/4) HP per machine, or a total of one (1) HP, other
than machines used for domestic purposes.
HOTEL
A building occupied or used as a more or less temporary place
of residence by individuals or groups of individuals who are lodged,
with or without meals, and in which there are more than five (5) sleeping
rooms, and no provision made for cooking in any individual guest room.
HOUSE, BOARDING
A dwelling where meals are provided for five (5) or more
persons for compensation, pursuant to previous arrangements, but not
available to the public or transients.
HOUSE, LODGING
A dwelling where lodging is provided for five (5) or more
persons for compensation, pursuant to previous arrangements, but not
available to the public or transients.
HOUSE, ROW
A row of three (3) or more attached one-family dwellings
not more than two and one-half (2 1/2) stories in height.
JUNK YARD
A place where waste, discarded or salvaged metals, used plumbing
fixtures, and other materials are bought, sold, exchanged, stored,
baled or cleaned, and places or yards for the storage of salvaged
materials and equipment from house wrecking and salvaged structural
steel materials and equipment, but excluding pawn shops and establishments
for the sale, purchase or storage of used cars in operable condition,
salvaged machinery, used furniture and household equipment, and the
processing of used, discarded or salvaged materials as part of manufacturing
operations.
LOT
A plot, parcel or tract of land occupied or proposed to be
occupied by one (1) building and the accessory buildings or uses customarily
incident to it, including at least such open spaces as are required
by this Chapter, and such open spaces as are arranged and designed
to be used in connection with such building and having its principal
frontage on a street or place.
LOT DEPTH
The mean horizontal distance from the front street line to
the rear line of a lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH
The mean horizontal distance between the side lines measured
at right angles to the depth.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, THROUGH
An interior lot having frontages on two (2) streets, as distinguished
from a corner lot.
LOTS, BACK-TO-BACK
Lots or portions of lots shall be deemed "back to back" when
they are on opposite sides of the same part of a rear line common
to both, in whole or in part, and the opposite street lines on which
the lots front are parallel with each other or make an angle with
each other of not more than forty-five degrees (45°).
MARIJUANA OR MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" do not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
(3/10) of one percent (1%) on a dg weight basis, or commodities or
products manufactured from industrial hemp.
MARIJUANA ACTIVITIES
The cultivation, manufacturing, dispensing, selling, or testing
of marijuana.
[Ord. No. 2024-001, 1-11-2024]
MARIJUANA FACILITY
Any comprehensive marijuana facility, medical marijuana facility
or marijuana testing facility.
[Ord. No. 2024-001, 1-11-2024]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
MARIJUANA TESTING FACILITY
A facility certified by the DHSS to acquire, test, certify,
and transport marijuana.
[Ord. No. 2024-001, 1-11-2024]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department of Health and Senior
Services, to acquire, cultivate, process, store, transport, and sell
marijuana to a medical marijuana dispensary facility, medical marijuana
testing facility, or to a medical marijuana-infused products manufacturing
facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department of Health and Senior
Services, to acquire, store, sell, transport, and deliver marijuana,
marijuana-infused products, and drug paraphernalia used to administer
marijuana as provided for in this Section to a qualifying patient,
a primary caregiver, another medical marijuana dispensary facility,
a medical marijuana testing facility, or a medical marijuana-infused
products manufacturing facility.
MEDICAL MARIJUANA FACILITY
Any facility that engages in marijuana activities relating
to medical marijuana.
[Ord. No. 2024-001, 1-11-2024]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department of Health and Senior
Services, to acquire, store, manufacture, transport, and sell marijuana-infused
products to a medical marijuana dispensary facility, a medical marijuana
testing facility, or to another medical marijuana-infused products
manufacturing facility.
NON-CONFORMING USE, YARD OR BUILDING
A use, building or yard existing legally at the time of passage
of this order that does not by reason of design or use conform to
the regulations of the district in which it is situated.
OFF-STREET PARKING SPACE
A surfaced area, enclosed or unenclosed, sufficient in size
to store one (1) automobile, having the minimum dimensions of eight
(8) feet by eighteen (18) feet and a minimum area of one hundred forty-four
(144) square feet, together with a permanently surfaced driveway connecting
the parking space with a street or alley to permit the ingress and
egress of a motor vehicle.
PLACE
An open, unoccupied space, other than a street or alley,
at least ten (10) feet in width, permanently reserved as the principal
means of access to abutting or adjacent property.
REAR YARD DEPTH
The minimum horizontal distance from the rear line of the
principal building to the rear lot line.
SALVAGE YARD
A place where used parts of automobiles or other equipment
are collected and processed for resale.
STABLE, PRIVATE
A detached accessory building for the housing of horses,
ponies or mules owned by the occupants of the premises and not kept
for remuneration, exhibition, hire or sale.
STABLE, PUBLIC
A stable other than a private stable or riding stable as
defined herein.
STABLE, RIDING
A structure in which horses, mules or ponies used exclusively
for pleasure riding or driving are housed, boarded or kept for hire,
including riding tracts or academies.
STORY
That part of a building included between the surface of any
floor and the surface of the floor next above, or, if there be no
floor above, then the space between such floor and the ceiling next
above it. A top story attic is a half story when two (2) of its opposite
sides are situated in a sloping roof, and at least the floor area
of which does not exceed two-thirds (2/3) of a floor area immediately
below it.
STREET LINE
The dividing line between the street and the lot.
STREET OR ROAD
A public thoroughfare which affords principal means of access
to abutting property.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
structural change in the roof, but not including extension or enlargement.
STRUCTURE
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 advertising signs, billboards and poster
panels; but exclusive of customary fences or boundary or retaining
walls.
THEATER, DRIVE-IN
A "drive-in theater" is an open-air theater, without cover
or roof, operated in an area with established permanent service buildings
and structures, where the general public may view the performance
from motor vehicles.
TRUCK
The word "truck" shall include tractor and trailer trucks.
VARIANCE
A modification or variation of the provisions of this Chapter
as applied to a specific piece of property.
YARD, FRONT
An open space, unoccupied except as hereinafter provided,
on the same lot with a building, between the wall of the building
nearest the street on which the lot fronts and the line of that wall
extended, the side lines of the lot and the front street line of the
lot. The minimum depth of the front yard shall be the distance between
the nearest point of the street wall of the building and the front
line of the lot, or that line produced, measured at the right angles
to the front line of the lot. The front yard of a corner lot shall
be adjacent to that street on which the lot has its least dimension,
unless otherwise designated by the Commission.
YARD, REAR
An open space, unoccupied, except as hereinafter provided,
on the same lot with a building, between the rear line of a building
and that line extended, the side lines of the lot and the rear line
of the lot. Where no rear line exists, a line parallel to the front
street line and the distance as far as possible therefrom entirely
on such lot and no less than ten (10) feet long shall be deemed the
rear line. The depth of the rear yard shall be the distance between
the nearest point of the rear wall of the building and the rear line
of the lot, or that line produced, measured at right angles to the
rear line of the lot.
YARD, SIDE
An open space, unoccupied, except as hereinafter provided,
on the same lot with a building, situated between the building and
the side line of the lot and extending through from the front yard
to the rear yard.