Certain words in this section are defined for the purpose hereof
as follows:
Words in the present tense include the future; words in the
singular number include the plural number; words in the plural number
include the singular; the word “building” includes the
word “structure,” the word “lot” includes
the word “plot”; the word “shall” is mandatory
and directive.
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose.
A structure added to the original structure at some time
after the completion of the original; an extension or increase in
floor area or height of a building or structure.
A map created from a process involving the taking of photographs
from the air with predetermined reference points marked on the ground.
The perception of artistic elements or elements in the natural
or created environment that are pleasing to the eye.
Regulations that protect agricultural land base by limiting
nonagricultural uses, prohibiting high-density development, requiring
houses to be clustered on small lots, and restricting subdivision
of land into parcels that are too small to farm.
A service roadway providing a secondary means of access to
abutting property and not intended for general traffic circulation.
A method of eliminating nonconforming uses by requiring the
termination of nonconforming use after a specified period of time.
A facility, primarily outdoors, that may include structures
and building[s] where there are various devices for entertainment,
including rides, booths for the conduct of games or sale of items,
as well as buildings for shows, entertainment, restaurants, and souvenir
sales.
Any structure or premises, in which animals are boarded,
groomed, bred, or trained for commercial gain.
A facility used to house or contain stray, homeless, abandoned,
or unwanted animals and that is owned, operated, or maintained by
a public body, established humane society, animal welfare society,
or other nonprofit organization devoted to the welfare, protection,
and humane treatment of animals.
The incorporation of a land area into an existing community
with a resulting change in the boundaries of that community.
A device used to transmit and/or received [receive] radio
or electromagnetic waves between terrestrially and/or orbitally based
structures. See Satellite dish antenna; wireless telecommunications
towers and facilities.
A room or suite of rooms in an apartment house arranged,
designed or occupied as the residence by a single family, individual
or group of individuals.
Any building larger than an apartment house designed or built
to be occupied as a series of separate apartments and by persons living
independently of each other.
Any building or portion thereof which is designed, built,
rented, leased, let or hired out to be occupied as three (3) or more
apartments or which is occupied as the home or residence of three
(3) or more families living independently of each other and maintaining
separate cooking facilities.
A person submitting an application for development.
An estimate or opinion of the value of real or personal property
or an interest or estate in that property as determined by a qualified
appraiser.
An outdoor facility, which may include buildings or structures,
used for target practice with bows and arrows.
Public regulations of the exterior design of private buildings
to preserve, enhance, or develop the character of that particular
area.
A prominent or significant part or element of a building,
structure, or site.
The characteristics[,] form and detail of buildings or a
particular historic period.
The net area of the lot but not including portions of streets
and alleys.
A place of work for 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.
The value at which property is appraised for tax purposes.
Residences for the frail elderly that provide rooms, meals,
personal care, and supervision of self-administered medication. They
may provide other services, such as recreational activities, financial
services, and transportation.
A device designed or intended to attract by noise; sudden,
intermittent, or rhythmic movement; or physical change or lighting
change, such as banners, flags, streamers, balloons, propellers, whirligigs,
searchlights, and flashing lights.
A place where objects of art, furniture, and other goods
are offered for sale to persons who bid on the object in competition
with each other.
An automated device that performs banking financial functions
at a location that may be separate from the controlling financial
institution.
A structure containing facilities for washing automobiles
or semiautomatic application of cleaner, brushes, rinse water, and
heat for drying.
General repair, rebuilding, or reconditioning of engines,
motor vehicles, or trailers, including bodywork, welding, and major
painting service.
The replacement or repair of any automobile part that does
not require removal of the engine head or pan, engine transmission,
or differential but may include incidental body and fender work, minor
painting, and upholstering service.
The use of any building, land area, or other premise principally
for the display, sale, rental, or lease of new or used automobiles
(but may include light trucks or vans, trailers, or recreational vehicles),
and including any vehicle preparation, warranty, or repair work conducted
as an accessory use.
A map having sufficient points of reference, such as state,
county, or municipal boundary lines, streets, easements, and other
selected physical features, to allow the plotting of other data.
That portion of a building between floor and ceiling, which
is partly below and partly above grade, but so located that the vertical
distance from grade to the floor below is less than the vertical distance
from grade to ceiling.
Overnight accommodations and a morning meal in a dwelling
unit provided to transients for compensation.
A mound of earth or the act of pushing earth into a mound.
A corridor expressly reserved for bicycles, located on a
street or roadway in addition to any lanes for use by motorized vehicles.
An area within the city enclosed by streets and occupied
by or intended for buildings; or, if the word is used as a term of
measurement, it shall mean the distance along a side of a street between
the nearest two (2) streets which intersect the street on such side.
A building other than a hotel, where lodging and means [meals]
for five (5) or more persons are served for compensation.
An officially constituted body whose principal duties are
to hear appeals and, where appropriate, grant variances from the strict
interpretation of the zoning ordinance.
A covered passage one (1) story in height connecting a main
structure and an accessory building.
Open spaces, landscaped areas, fences, walls, berms, or any
combination thereof used to physically separate or screen one use
or property from another so as to visually shield or block noise,
lights, or other nuisances.
Any structure or building for the support, shelter and enclosure
of persons, animals, chattels or movable property of any kind.
Those sides of the building having the least dimensions and
in which doors or openings are not customarily provided for ingress
and egress.
The vertical distance from finished grade to the top of the
highest roof beams on a flat or shed roof, to the deck level on a
mansard roof, and the average distance between the eaves and the ridge
level for gable, hip, and gambrel roofs.
The individual designated by the appointing authority to
enforce the provisions of the building code.
A line parallel or approximately parallel to the street line
and beyond which buildings may not be erected.
Written permission issued by the proper municipal authority
for the construction, repair, alteration, or addition to a structure.
Includes retail, commercial and manufacturing uses and districts
as defined in this section.
The diameter of a tree trunk.
A plot of ground on which two or more campsites are located,
established, or maintained for occupancy by camping units as temporary
living quarters for recreation, education, or vacation purposes.
The grounds and buildings of a public or private college,
university, school, or institution.
A timetable or schedule of all future capital improvements
to be carried out during a specific period, listed in order of priority,
together with cost estimates and the anticipated means and sources
of financing each project.
An establishment that makes small consumer loans that leverage
the equity value of a car or other vehicle as collateral. Borrowers
who get title loans must allow a lender to place a lien on their car
title, and temporarily surrender the hard copy of their vehicle title,
in exchange for a loan amount. If the borrower defaults on their payments
then the lender is able to repossess the vehicle and sell it to repay
the borrower’s outstanding debt.
A roofed structure providing space for the parking of motor
vehicles.
Any building or premise used for washing motor vehicles.
That portion of a building between floor and ceiling which
is partly below and partly above grade but so located that the vertical
distance from grade to the floor below is greater than the vertical
distance from grade to ceiling.
Property used for the interment of the dead.
An official periodic enumeration of a designated geographic
area’s population, housing, and related characteristics.
Small areas into which large cities and adjacent areas have
been divided for statistical purposes.
A certificate issued by the approving authority on approval
of the exterior architectural features of any new building construction
or alterations to an existing building located within a historic zone.
A document issued by a governmental authority allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and will be used in compliance with all the
applicable requirements.
Any use that substantially differs from the previous use
of a building or land.
An establishment providing for the care, supervision, and
protection of children.
An institution or station for the examination and treatment
of ill and afflicted outpatients.
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees.
Activity involving the sale of goods or services carried
out for profit.
A facility used for recreational, social, educational, and
cultural activities.
An application for development completed as specified by
ordinance and the rules and regulations of the approving authority
and the provisions of all required documents.
A building, or group of buildings, in which dwelling units,
offices, or floor area are owned individually and the structure, common
areas, and facilities are owned by all the owners on a proportional,
individual basis.
A line on a map that connects all points of the same ground
elevation.
A facility that provides short-term, primarily inpatient
care, treatment, and/or rehabilitation services for persons recovering
from illness or injury who do not required [require] continued hospitalization.
shall mean any structure used for or occupied by persons
recovering from illness or suffering from the infirmities of old age.
A regional planning and review authority whose membership
includes representation from all communities in the designated region.
An open, unoccupied space bounded on more than two (2) sides
by the walls of the building. An inner court is a court entirely surrounded
by the exterior walls of a building. An outer court is a court having
one (1) side open to a street, alley, yard or other permanently open
space.
An occupation customarily carried on in the home by a member
of the occupant’s family without structural alterations in the
building or any of its rooms, without the installation of machinery
other than that customary to normal household operation or additional
equipment[,] without the employment of additional persons, without
the use of a sign to advertise the occupation and which does not cause
the generation of additional traffic in the street.
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for part of a 24-hour day.
A place where children are left for care between the hours
of 7:00 a.m. and 12:00 midnight.
The study of population and its characteristics.
Official authorization to remove part, or all, of a building
or structure.
The number of families, individuals, dwelling units, households,
or housing structures per unit of land.
The mean horizontal distance between the front and rear lot
lines.
The horizontal distance between the rear line of a building
other than an accessory building and the rear lot line.
A set of guidelines defining parameters to be followed in
site and/or building design and development.
A section of the city for which the regulations governing
the area, height or use of the building are uniform.
Is the disposal of waste (including but not limited to household
trash, tires, appliances, appliances, furniture, pallets, yard waste,
tires) at an approved location.
A detached building having accommodations for and occupied
by not more than one (1) family, or by one (1) family and not more
than four (4) boarders or lodgers.
A detached building having separate accommodations for and
occupied by not more than two (2) families, or by two (2) families
and not more than four (4) boarders or lodgers, two (2) boarders or
lodgers to each unit.
A building or portion of a building which is arranged, occupied
or intended to be occupied as living quarters.
An apartment having a combination living and bedroom with
no separate bedroom.
An exit.
An increase in the size of an existing structure or use,
including the physical size of the property, building, parking, and
other improvements.
A deed, bond, cash, or other security delivered to a third
person or agency and delivered by the third person or agency [sic]
and delivered by the third person to the grantee only upon fulfillment
of a condition.
The use of a lot or structure at the time of the enactment
of a zoning ordinance.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit, in which not more than four (4)
individuals are unrelated by blood. For purposes of this ordinance
“family” does not include any society, club, fraternity,
sorority, association, lodge, federations, or like organizations;
or any group of individuals who are in a group living arrangement
as a result of criminal offenses.
An area of two (2) acres or more, which is used for the growing
of the usual farm products such as vegetables, fruit trees and grain
and their storage on the area as well as the raising thereon of the
usual farm poultry and farm animals such as horses, cattle, sheep
and swine including dairy farms with the necessary accessory uses
and for treating and storing the produce; provided, however, that
the operation of such accessory use shall be secondary to that of
the normal activities; and provided further that it does not include
the commercial feeding of offal or garbage to swine or other animals.
An open unoccupied space on a lot facing a street and extending
across the front of the lot between the side yard lines and being
the minimum horizontal distance between the street line and the main
building or any projection thereof other than the projection of the
usual steps or eave overhang.
For buildings having walls adjoining one (1) street only,
the elevation of the sidewalk at the center of the wall adjoining
the street; for buildings having walls adjoining more than one (1)
street, the average of the elevation of the sidewalks at the center
of all walls adjoining the street; for buildings having no wall adjoining
the street, the average level of the finished surface of the ground
adjacent to the exterior walls of the building. Any wall approximately
parallel to and not more than five (5) feet from a street line is
to be considered as adjoining the street. Where no sidewalk has been
constructed, the city engineer shall establish such sidewalk level
or its equivalent for the purpose of these regulations.
Shall be measured from the average established grade at the
street lot line or from the average natural ground level, if higher
or, if no street grade has been established, to the highest point
of the roof’s surface if a flat surface; to the deck line of
mansard roofs; and the mean height level between eaves and ridge for
hip and gable roofs. In measuring the height of a building, the following
structures shall be excluded; chimneys, cooling towers, elevator bulkheads,
penthouses, tanks, water towers, radio and television towers, ornamental
cupolas, domes or spires, and parapet walls not exceeding four (4)
feet in height.
The maximum operating weight of a vehicle as specified by
the manufacturer including the vehicle's chassis, body, engine, engine
fluids, fuel, accessories, driver, passengers and cargo but excluding
that of any trailers.
Any retail establishment open to the public that presents,
displays, or offers for sale paraphernalia, items, equipment, or products
commonly used, intended to be used, or commonly known to be used,
for the ingestion, inhalation, preparation, or injection of illegal
substances, to include any device which has been fabricated, constructed,
altered, adjusted, or marked especially for use in the smoking or
ingestion of a Controlled Substance, notwithstanding that it might
also be possible to use the device for some other purpose.
A truck tractor, road tractor, semi-trailer, bus or truck
with a Gross Vehicle Weight Rating (GVWR) in excess of 14,000 lbs.
or a trailer over 20 foot [feet] long.
A district, zone, or area designed by a local, state, or
federal authority within which the buildings, structures, appurtenances,
and places are of basic and vital importance because of their association
with history; or because of their unique architectural style and scale,
including color, proportion, form, and architectural detail; or because
of their being a part of or related to a square, park, or area, the
design or general arrangement of which should be preserved and/or
developed according to a fixed plan based on cultural, historical,
or architectural motives or purposes.
An accessory use housed in a dwelling or in an accessory
building in which the residents of the premises engage in recreational
activities, none of which shall disturb the neighbors on either side
or in the rear thereof, and from which no revenue may be derived,
in which no goods may be publicly displayed, offered for sale or advertised
for sale, nor may any sign be used in connection therewith.
A temporary address which provides sleep-in facilities and/or
food for displaced persons.
Any occupation that is customarily performed at home that
does not involve a structural change in the building, require the
employment of help, the installation of equipment or the display of
a sign, and shall not include beauty culture schools, beauty parlors
or doctor’s offices for treatment of patients.
A community association, other than a condominium association,
that is organized in a development which individual owners share common
interest and responsibilities for costs and upkeep of common open
space or facilities.
See “Hobby shop.”
is a type of Tobacco Shop establishment where patrons share
shisha from a communal hookah or nargile which is placed at each table.
An institution or place where sick or injured inpatients
are given medical or surgical care either at public (charity) or private
expense.
A building or arrangement of buildings designed and occupied
as a temporary abiding place of individuals who are lodged with or
without meals, in which the rooms are usually occupied singly for
hire, in which there are no provisions for cooking in individual rooms
or apartments.
An area of three (3) or more acres arranged according to
a site plan to be submitted to and to be approved by the city planning
and zoning board and the city council on which is indicated the amount
of land to be devoted to housing facilities, their arrangement thereon,
together with the arrangement of access streets and alleys, and the
entire area is to be zoned as an apartment zone upon the recommendation
of the city planning and zoning board and the action of the city council,
and in which it shall not be necessary to subdivide the area into
lots and blocks. The site plan shall indicate that all access streets,
alleys, sidewalks, storm sewers and storm sewer inlets shall be provided
as required by the city and built in accordance with city specifications.
Is the disposal of waste generated at one location and disposed
of at another location without legal permission.
An area zoned and planned for the purpose of industrial development.
Usually located outside the main residential area of a city and normally
provided with adequate transportation access, including roads and
railroads.
The development of new housing or other uses on scattered
vacant sites in a built-up area.
Access or entry.
A stand-alone kiosk which features specialized hardware and/or
software designed within a public exhibit that provides access to
retail services including but not limited to movies, games, ice/water,
etc. Such Kiosks may only be installed directly adjacent to, or connected
to another building with a retail or commercial use.
Any lot, land, parcel, building, or structure, or part thereof,
used for the storage, collection, processing, purchase, sale, salvage,
or disposal of junk.
An establishment in which dogs or domesticated animals are
housed, groomed, bred, boarded, trained, or sold, all for a fee or
compensation.
A school for children of pre-public school age in which constructive
endeavors, object lessons and helpful games are prominent features
of the curriculum.
A basic element of the community master plan containing proposals
for the physical, economic, and social development of the community.
Land occupied or to be occupied by a building and its accessory
buildings, and including such open spaces as are required and having
its principal frontage upon a public street or officially approved
place.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street from any other public
space.
A lot which is part of a subdivision, the plat of which has
been recorded in the office of the county clerk, or a parcel of land,
the deed for which was recorded in the office of the county clerk.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
A comprehensive, long-range plan intended to guide the growth
and development of a community or region for a set period of time
and which typically includes inventory and analytic sections leading
to recommendations for the community’s land use, future economic
development, housing, recreation and open space, transportation, community
facilities, and community design, all related to the community’s
goals and objectives for these elements.
The development of a neighborhood, tract of land, building,
or structure with a variety of complementary and integrated uses,
such as, but not limited to, residential, office, manufacturing, retail,
public, and recreation, in a compact urban form.
The legally authorized delay of new construction or development.
A use or activity that was lawful prior to the adoption,
revision, or amendment of the zoning ordinance but that fails by reason
of such adoption, revision, or amendment to conform to the present
requirements of the zoning district.
An ordinance in map form adopted by the governing body that
conclusively shows the location and width of existing and proposed
streets, public facilities, public areas, and drainage rights-of-way.
A detached building having accommodations for and occupied
by one (1) family, or by one (1) family and not more than four (4)
boarders or lodgers.
Any parcel or area of land or water, essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants,
and their guests.
The location of any goods, merchandise, commodities, junk,
debris or any other item outside of a completely closed area for a
continuous period of longer than 24 hours on the owners property.
Joint utilization of a parking area for more than one use.
A space for the parking of a motor vehicle within a public
or private parking area.
A store which offers loans in exchange for personal property
as equivalent collateral. If the loan is repaid in the contractually
agreed time frame, the collateral may be repurchased at its initial
price plus interest. If the loan cannot be repaid on time, the collateral
may be liquidated by the pawn shop through a pawnbroker or secondhand
dealer through sales to customers.
An establishment that makes small consumer loans, short-term,
secured or unsecured loans that borrowers promise to repay out of
their next paycheck or regular income payment. Payday loans are usually
priced at a fixed-dollar fee, which represents the finance charge
to the borrower.
The proportional relationship between an individual and his
or her environment.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
An area of a minimum contiguous or noncontiguous size, planned,
developed, operated, and maintained as a single entity and containing
one or more structures to accommodate retail, service, commercial,
industrial, office, and residential uses or a combination of such
uses, and appurtenant common areas and accessory uses, customary and
incidental to the predominant uses.
An accessory building or portion thereof in which not more
than five (5) privately owned motor-driven vehicles are stored by
occupants of the premises, not more than one (1) of which may be a
truck of not to exceed one (1) or one and one-half (1-1/2) tons capacity.
A stable with a capacity for not more than four (4) horses
or mules.
A building or portion of a building used for repair, care
or servicing of motor-driven vehicles, or where motor-driven vehicles
are equipped for operation, or kept for hire or sale, but not including
the open storage of trucks, trailers and vans.
A meeting announced and advertised in advance and open to
the public, with the public given an opportunity to talk and participate.
The required rear yard is an open space unoccupied and unobstructed
Sdepth [sic] of twenty (20) percent of the depth of the lot.
Accessory buildings may occupy not to exceed fifty (50) percent
of the area of the required rear yard, except that in an apartment
district where access to accessory buildings is from a public alley,
more than fifty (50) percent of the required rear yard may be covered
by such buildings, provided that the minimum distance between the
rear of the main building and the accessory building equals at least
twenty (20) percent of the depth of the lot.
A strip of land required by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, crosswalk,
railroad, electric transmission lines, oil or gas pipeline, water
line, sanitary storm sewer, or other similar uses.
The distance between the building and any lot line.
An accessory building or portion of a main building located
on the same lot as the main building and used as living quarters for
servants employed on the premises and not rented or otherwise used
as a separate domicile.
An area consisting of three (3) acres or more arranged according
to a site plan to be submitted to and to be approved by the city planning
board and the city council, on which is indicated the amount of land
to be devoted to the shopping center, the detailed arrangement of
the various buildings, parking area, streets, and type of zoning desired.
It shall be required that the installation of all utilities, drainage
structures, the paving of streets, parking area, alley and sidewalks
be in accordance with the city specifications for each type of improvement.
An open, unoccupied space on the same lot with a building
situated between the building and side line of the lot and extending
through from the front yard to the required rear yard. Any lot line
not the rear line or a front line shall be deemed a side line.
A paved drive leading off a public street, to a point(s)
where service is provided while the individual is seated in a motor
vehicle, e.g., drive-thru bank teller window or carry-out food service
window; or for the purpose of loading and unloading passengers from
vehicles.
A building or portion thereof used for the storage of more
than five (5) passenger motor vehicles and trucks of not more than
one and one-half (1-1/2) tons capacity.
A story having an average height of not more than eight (8)
feet, covering a floor area of not more than seventy-five (75) percent
of the area of the floor of the first story below.
A story having eleven (11) feet six (6) inches between floors.
Any thoroughfare or public driveway, other than an alley,
and more than twenty (20) feet in width, which has been dedicated
or deemed to the public for public use.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting member of a building, such as
a bearing wall, column, beams or girders.
The workshop of a tattoo artist and/or a facility where the
piercing of body parts, other than ears, is performed for the purposes
of allowing the insertion of jewelry.
One (1) or more buildings designed or used as temporary living
quarters for automobile transients in which individual cooking facilities
may or may not be provided. If facilities are provided for individual
cooking so that the units may be occupied as dwelling units, the same
area, density and yard regulations as required in an apartment district
shall be observed. In all cases one (1) off-street parking space shall
be provided for each room or suite of rooms in the tourist court.
An area designed, arranged or used for the parking or storing
of one (1) or more auto trailers which are occupied or intended for
occupancy as temporary living quarters by individuals or families.
House trailers, auto trailers or manufactured homes shall not be considered
as dwellings, structures or buildings.
shall mean a detached building having separate accommodations
for occupancy by not more than two (2) families, or by two (2) families
and not more than four (4) boarders and lodgers.
A lot or portion thereof to be used only for the display
and sale of automobiles that are in condition to be driven on or off
the lot. A used car lot shall not be used for the storage of wrecked
automanufactureds, or the dismantling of automanufactureds, or the
storage of automanufactured parts.
is a type of Tobacco Shop establishment where patrons purchase
supplies or devices and/or inhale and exhale vapor from an electronic
cigarette or similar device.
The mean horizontal distance between a side wall of a building
and the side line of the lot.
An open unoccupied space, other than a court, on the lot
in which a building is situated and which is unobstructed from the
ground to the sky.
(Ordinance 1415 adopted 1/27/09; Ordinance 1437 adopted 7/28/09; Ordinance
1690 adopted 7/11/17; Ordinance 1736, sec. 1, adopted 3/26/19; Ordinance adopting Code)
