§ 40-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to stop the use of property or the occupancy of a building intentionally. Abandonment is presumed when the use of a property or building has ceased and the property or building has been vacant for 12 months or more.

Abutting means having property lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting.

Accessory dwelling unit, attached, means a second dwelling unit that is added to the structure of an existing site-built, single-family dwelling, for use as a complete, independent living facility for a single household, with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use to the principal dwelling.

Accessory dwelling unit, detached, means a second dwelling unit that is added to an existing accessory structure (e.g., residential space above a detached garage), or as a new freestanding accessory building, for use as a complete, independent living facility for a single household, with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use to the principal dwelling. The term "detached accessory dwelling unit" includes the term garage apartment.

Adaptive reuse means rehabilitation or renovation and occupancy of an existing buildings or structures for uses other than the present uses.

Agricultural facility includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, timber, forest products, or products which are used in commercial aquaculture. The term "agricultural facility" does not include any farm labor camp or facilities for migrant farm workers.

Agricultural operation.

(1)

The term "agricultural operation" means:

a.

Those practices involving the establishment, cultivation, or harvesting of products of the field or orchard;

b.

The preparation and planting of pasture land;

c.

Farm ponds;

d.

Dairy operations;

e.

Livestock and poultry management practices;

f.

The construction of farm buildings;

g.

The plowing, tilling, or preparation of soil at an agricultural facility;

h.

The planting, growing, fertilizing, harvesting, or otherwise maintaining of crops;

i.

The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, timber, livestock, animals, or poultry;

j.

The breeding, hatching, raising, producing, feeding, keeping of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes, but not the regular slaughtering, or processing of such animals;

k.

The production and keeping of honeybees; the production of honeybee products;

l.

The production, of eggs or egg products;

m.

The manufacturing of feed for poultry or livestock;

n.

The rotation of crops, including without limitation, timber production;

o.

Commercial aquaculture; and

p.

The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation.

(2)

The term "agricultural operation" does not include a roadside stand or agricultural processing.

Agricultural processing means activities distinguished from the raising, cultivating, harvesting of food and fiber products (i.e., agriculture) because they go beyond the basic production cycle and involve significant manufacturing or processing operations so that the naturally grown or raised product is changed for consumer use, or where some physical, chemical, or similar change of an agricultural product occurs. Such activities include but are not limited to: cotton ginning, grist mills, milling of flour, feed, or grain, packaging of fresh or dried foods and fibers for wholesale or retail sale, slaughterhouses, refineries, wineries, canneries, and milk processing plants. Agricultural processing is considered a manufacturing use.

Agriculture.

(1)

The term "agriculture" means:

a.

Farming, including plowing, tilling, cropping, utilization of best management practices, seeding, cultivating or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations);

b.

Aquaculture;

c.

Sod production;

d.

Orchards;

e.

Christmas tree plantations;

f.

Nurseries; and

g.

The cultivation of products as part of a recognized commercial enterprise.

(2)

The term "agriculture" specifically includes horticulture, or the growing of fruits, vegetables, herbs, flowers or ornamental plants.

(3)

The term "agriculture" also includes plant nurseries and greenhouses, where lands or structures are used primarily to cultivate trees, shrubs, flowers or other plants for sale.

Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.

Alteration means:

(1)

Any change in the supporting members of a building or structure such as bearing walls columns, and girders, except such emergency change as may be required for safety purposes;

(2)

Any addition to a building;

(3)

Any change in use; or

(4)

Any movement of a building from one location to another.

Amenity means aesthetic or other characteristics that increase a development's desirability to a community or its marketability to the public. Amenities may differ from development to development but may include such things as recreational facilities, pedestrian plazas, views, streetscape improvements, special landscaping, or attractive site design.

Animal hospital means an establishment designed or used for the care, observation, or treatment of domestic animals.

Animal quarters means any structure which surrounds or is used to raise, breed (husbandry), house, shelter, care for, feed, exercise, train, exhibit, display, or show any animals or livestock other than domestic pets. The term "animal quarters" is not intended to apply to nonstructural, fenced land for grazing. The term "animal quarters" includes the term "barn" when used to shelter livestock or other animals.

Annexation means the process by which a parcel of land is transferred from the jurisdiction of the unincorporated County to the jurisdiction of the City.

Apartment means a building, distinguished from a duplex or two-family dwelling, designed for or occupied exclusively by more than two families or households with separate housekeeping facilities for each family for rent or lease. The term "apartment" includes triplex and quadraplex.

Appeal means a request for a review of an administrative official's interpretation of any provision of this chapter, or a request for a review of an action taken by an administrative official in the application or enforcement of this chapter.

Applicant means a property owner or his authorized representative who has petitioned the City for approval of an application under the terms of this chapter.

Architectural appearance, exterior , means the architectural character and general composition of the exterior of a structure, including but not limited to the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.

Architectural features means ornamental or decorative features attached to or protruding from an exterior wall or roof, including cornices, eaves, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

Architectural recesses means portions of a building wall at street level which are set back from the street line so as to create articulation of the building wall or to provide space for windows or doors.

Assisted living facility means residences for the elderly who are in need of assistance, that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services incidental to the services numerated herein. For purposes of this chapter, assisted living facilities are considered institutionalized residential living and care facilities.

Auction house or auction yard means any building, structure, enclosure, or place where goods or livestock are sold by auction (i.e., through bid in competition with others). This use is a wholesale trade establishment.

Automated teller machine means a mechanized consumer device that is operated by a customer and which performs banking and financial functions. An automated teller machine is an accessory use.

Automobile sales or service establishment means new or used car, truck, tractor, trailer, boat, recreational vehicle, camper, motorcycle, and other motorized vehicle sales, leasing, rental, or service, including manufactured home and modular building sales, agricultural implements and equipment, and similar pieces of equipment or vehicle. The term "automobile sales" or "service establishment" includes automotive services such as rental car facilities, top and body, paint, automotive glass, transmission, and tire repair shops, carwashes, and oil change and lubrication facilities.

Awning means a roof-like cover, often made of fabric or metal, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk or door.

Awning, internally illuminated, means a fixed awning covered with a translucent membrane that is, in whole or part, illuminated by light passing through the membrane from within the structure.

Bank or financial establishment means a business that accepts money for deposit into accounts from the general public or other financial institutions, and which may include personal or business loans, wire transfers and safe deposit boxes. Such uses include but are not limited to banks, savings and loan institutions and credit unions, and security and commodity exchanges.

Basement means that portion of a building having its lowest floor subgrade (below ground level) on two or more sides.

Batching plant means a plant for the manufacture or mixing of asphalt, concrete, cement, or concrete or cement products, including any apparatus incidental to such manufacturing and mixing.

Bed and breakfast inn means a facility where overnight accommodations for not more than ten residents are provided to transients for compensation, with or without a morning meal. The term "bed and breakfast inn" does not include retail uses, public bar, conference center, or special event facilities.

Berm means an earthen mound or embankment, usually less than three feet if designed to provide visual interest only, and usually six feet or more in height if intended to screen views or reduce noise.

Block means a piece or parcel of land entirely surrounded by roads.

Brewery means an industrial use that brews ales, beers, or similar beverages on site.

Broadcasting studio means a room or suite of rooms operated as a radio or television broadcasting studio or station with local broadcast capability or intended for satellite distribution of programs, and usually including satellite dishes, microwave dishes, or other communications equipment.

Buffer, natural vegetative, means a strip of land of specified width located between a side or rear property line and a building, structure, or use, intended to separate and obstruct the view of the site on which the buffer is located from an abutting property, and which contains a natural area consisting of trees or other vegetation, undisturbed except for approved access and utility crossings, and replanted where sparsely vegetated.

Building includes the term "structure."

Building, accessory, means a building subordinate to the main building on a lot and used for purposes incidental to the main or principal building and located on the same lot therewith.

Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor (i.e., footprint) of all principal buildings, accessory buildings, and accessory structures on the lot, not including steps, terraces, and uncovered porches.

Building coverage, maximum, means the highest percentage of a given lot that may be occupied by all principal and accessory buildings and structures on the lot, measured within the outside of the exterior walls of the ground floor (i.e., footprint) of all principal and accessory buildings and structures on the lot, not including steps, terraces, and uncovered porches.

Building footprint means the horizontal area of a building as seen in plan view, measured from the outside of all exterior walls and supporting columns.

Building frontage means the width in linear feet of the front exterior wall of a particular building, as measured more or less parallel to the front property line.

Building, height of, means the vertical distance measured from the finished grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. In this context finished grade is determined as the average elevation of the ground on all sides of a building.

Building Inspector means the City's official, or designee, responsible for implementing and enforcing building codes applicable in the City.

Building materials sales means an establishment offering lumber or other construction materials used in buildings for sale to contractors or the general public. When operated in whole or part outside the confines of a building, a building materials sales establishment is an open air business.

Building, principal, means a building in which is conducted the principal use of the lot on which the building is situated. In any residential zoning district, any structure containing a dwelling unit shall be defined to be the principal building on the plot on which same is situated, except for detached accessory apartments. When an accessory building is attached to a principal building by a breezeway, passageway, or similar means, the accessory building shall be considered part of the principal building and shall comply with the yard requirements for a principal building.

Building setback line means a line establishing the minimum allowable distance between the front wall of a principal building and the street right-of-way line or another building wall and a side or rear property line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into beyond a required building setback line. For purposes of this chapter, a minimum required building setback line and minimum required yard shall be considered the same.

Build-to-line means a front building setback line applied to a principal building on a particular property so that a continuous and consistent building setback will be achieved considering the front building setbacks of buildings on abutting or adjacent lots on the same side of the street or right-of-way.

Bulk storage means the storage of chemicals, petroleum products, or similar materials in above ground or below-ground storage containers designed for wholesale distribution or mass consumption. The term "bulk storage" includes fuel oil distributors with storage of products.

Business service establishment means a business activity engaged in support functions to establishments operating for a profit on a fee or contract basis, including but not limited to: advertising agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art and graphic design, personnel supply services and employment agencies, computer and data processing services, detective, protective, and security system services, accounting, auditing, and bookkeeping services, messenger services and couriers, publications and business consulting firms, food catering, interior decorating, and locksmiths.

Camp or campground means any place established or maintained for two or more individual spaces or sites for temporary living quarters in cabins, structures, or tents for recreation or vacation purposes for a fee.

Canopy means a roof-like structure, supported by a building or columns, poles, or braces extending from the ground, including an awning, that projects from the wall of a building over a sidewalk, driveway, entry, window, or similar area, or which may be freestanding. The term "canopy" does not include carport, as defined in this section.

Carwash means the use of a site for washing and cleaning of passenger vehicles, other vehicles, or other light duty equipment. Carwashes consist of self-service, staffed, or mechanically automated facilities. For purposes of this chapter, a carwash is considered an automobile service establishment whether it is a principal use or accessory to another use or building.

Caretaker's residence means a dwelling unit within a principal building or any freestanding building or structure that is accessory to an institutional, commercial, or industrial use, and located on the same lot therewith, which is used for occupancy as a dwelling by an owner, security agent, or caretaker.

Carport means a roofed, accessory building or structure, not necessarily fully enclosed on the sides and usually open on two or more sides, made of canvas, aluminum, wood, or any combination thereof, including such materials on movable frames, for the shade and shelter of private passenger vehicles or other motorized or non-motorized equipment such as tractors and boats.

Catering service means an establishment that serves and supplies food to be consumed off-premises. A catering service is a business service establishment.

Cemetery means the use of property as a burial place.

Certificate of occupancy means a document issued by the Building Inspector indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.

Character means those attributes, qualities and features that make up and distinguish a development project or area of the City and give such project or area of the City a sense of purpose, function, definition, and uniqueness.

Church means a building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious services. Associated accessory uses include but are not limited to: schools, meeting halls, indoor recreational facilities, day care, counseling, and kitchens. The term "church" includes synagogues, temples, and places of worship.

Clinic means an institution or professional office, other than a hospital or nursing home, where persons are counseled, examined, or treated by one or more persons providing any form of healing or medical health service. Persons providing these services may offer any combination of counseling, diagnostic, therapeutic or preventative treatment, instruction, or services, and which may include medical, physical, psychological, or mental services and facilities for primarily ambulatory persons.

Club or lodge, nonprofit, means a building or premises, used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. Representative organizations include American Legion, Elks, Rotary, Lions, and Veterans of Foreign Wars. The term "nonprofit club" or "nonprofit lodge" does not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.

Club, private, means buildings and facilities owned or operated by a corporation, association, person, or persons, and used for assembly of members for a social, educational, or recreational purpose, to which membership is required and where use of premises is restricted to members and their guests. The term "private club" also includes a bona fide private club as that term is defined in O.C.G.A. § 3-7-1.

Co-generation facility means an installation that harnesses energy that normally would be wasted to generate electricity, usually through the burning of waste, and which may use, distribute through connection, or sell the energy converted from such process.

College or university means an educational use that provides training beyond and in addition to that training received in the 12th grade (i.e., undergraduate and graduate), and which has students regularly attending classes, and which confers an associate, bachelor, master, professional or doctoral degrees.

Commercial recreational facility, indoor, means a use that takes place within an enclosed building that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: assembly halls, auditoriums, meeting halls, for-profit art galleries, billiard halls and pool rooms, amusement halls, video arcades, ice and roller skating rinks, bowling alleys, fully-enclosed theaters.

Commercial recreational facility, outdoor, means a use of land or buildings that involves the provision of sports and leisure activities to the general public for a fee, and which all or part of the activities occur outside of a building or structure, including but not limited to the following: amusement parks, stadiums, amphitheaters, fairgrounds, drive-in theaters, golf driving ranges, miniature golf courses, batting cages, race tracks for animals or motor-driven vehicles, archery ranges, unenclosed firearms shooting ranges and turkey shoots, fish ponds, botanical and zoological gardens, ultra-light flight parks, and bungee jumping. A golf course and private club that is built as part of a single-family residential subdivision and that operates in a quasi-public manner is not considered to be an outdoor commercial recreational facility.

Common area means land within a development, not individually owned or dedicated to the public, and designed for the common usage of the development. These areas include green open spaces and yards and may include pedestrian walkways and complimentary structures and improvements for the enjoyment of residents of the development. Maintenance of such areas is the responsibility of a private association, not the public.

Community living arrangement means any residence, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designated through the state department of human resources, division of mental health, developmental disabilities, and addictive diseases or such similar state agency as may be reorganized. A community living arrangement with four or fewer adults is considered a household for purposes of this chapter and thus allowed the same as a single family. A community living arrangement with more than four adults is considered a group home for purposes of this chapter.

Community recreation means a private recreational facility for use solely by the residents and guests of a particular (usually residential) development, including indoor facilities such as community meeting rooms and outdoor facilities such as swimming pools, tennis courts, and playgrounds. These facilities are usually proposed, planned, and provided in association with a development and are usually located within the boundaries of such development.

Compatibility means with regard to development, the characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict with regard to buildings, harmony in appearance of architectural features in the same vicinity.

Condition of zoning approval means a requirement adopted by the City Council at the time of approval of a rezoning, zoning amendment, or conditional use, placing greater or additional requirements or restrictions on the property than provided in this chapter in order to mitigate or reduce an adverse impact of the request and to further protect the public health, safety, or general welfare. The term "condition of zoning approval" is not intended to be construed as limiting the legislative powers of the City Council in any way.

Comprehensive plan means any plan adopted by the City Council, or any plan adopted by a regional development center covering the local jurisdiction, or portion of such plan or plans. The term "comprehensive plan" is construed liberally to include the major thoroughfare plan, master parks and recreation plan, or any other study, document, or written recommendation pertaining to subjects normally within the subject matter of a comprehensive plan as provided by the Georgia Planning Act of 1989, if formally adopted by the City Council.

Condominium means a form of ownership as defined by state law in which common elements are jointly owned.

Condominium building means a building containing one or more individually owned units or building spaces situated on jointly owned, common areas as defined by laws of the State. When a building on property under condominium ownership contains only one dwelling unit, that building is considered a detached, single-family condominium building. When a building on property under condominium ownership contains two or more dwelling units, that building is considered an attached, multifamily condominium building.

Conservation means the management of natural resources to prevent waste, destruction, or degradation.

Conservation areas, primary, means any property qualifying as conservation use property under O.C.G.A. § 48-5-7.4; and any steep mountain slopes, floodplains, wetlands, water bodies, upland buffers around wetlands and water bodies, critical wildlife habitat, and sites of historic, cultural, or archaeological significance, located outside of building envelopes and lots established for building purposes.

Conservation areas, secondary, means prime farmland, natural meadows, mature woodlands, farm fields, localized aquifer recharge areas, and lands containing scenic views and sites, located outside of building envelopes and lots established for building purposes.

Conservation easement.

(1)

The term "conservation easement" means a non-possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include:

a.

Retaining or protecting natural, scenic, or open-space values of real property;

b.

Assuring its availability for agricultural, forest, recreational, or open-space use;

c.

Protecting natural resources;

d.

Maintaining or enhancing air or water quality; or

e.

Preserving the historical, architectural, archeological, or cultural aspects of real property.

(2)

The term "conservation easement" means a legally enforceable agreement between a property owner and the holder of the easement, in a form acceptable to the governing body and recorded in the office of the Clerk of Superior Court of the County.

(3)

A conservation easement restricts the existing and future use of the defined tract or lot to conservation use, agriculture, passive recreation, or other use approved by the governing body and prohibits further subdivision or development. Such agreement also provides for the maintenance of open spaces and any improvements on the tract or lot. Such agreement cannot be altered except with the express written permission of the easement holder and any other co-signers. A conservation easement may also establish other provisions and contain standards that safeguard the tract or lot's special resources from negative changes.

Conservation subdivision means a subdivision, as defined by this Code, where open space is the central organizing element of the subdivision design and that identifies and permanently protects all primary and all or some of the secondary conservation areas within the boundaries of the subdivision.

Construction field office means a structure used as an office in conjunction with a project while it is being constructed. A construction field office is a temporary use. It may be an industrial building, as defined herein.

Construction yard means an area on or immediately adjacent to a construction site used on a temporary basis for the parking and storage of equipment used in a construction project, and the storage and preparation of materials and other items used in the construction project. Such yards may include one or more construction field offices.

Continuing care retirement community means a residential facility providing multiple, comprehensive services to older adults. Such facility normally contains a combination of independent living units, assisted living, and skilled nursing care units, as defined herein.

Continuing education means formal lectures, courses, seminars, webinars, or any other similar type of educational program designed to educate an individual and give the individual further skills or knowledge to be applied to the individual's line of work.

Contractor's establishment means an establishment engaged in the provision of construction activities, including but not limited to, plumbing, electrical work, building, grading, paving, roofing, carpentry, and other such activities, including the storage of material and the overnight parking of commercial vehicles. Also, the term "contractor's establishment" includes landscaping companies, as defined herein.

Convenience store means a retail store, usually with a floor area usually no more than 5,000 square feet that sells convenience goods, such as prepackaged food items and a limited line of groceries. Convenience stores may or may not sell gasoline, diesel, and kerosene, but do not include automotive services.

Cornice means any horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roofline.

Crisis center means a facility or portion thereof and premises that are used for the purposes of emergency shelter, crisis intervention, including counseling, referral, hotline response, and similar human social service functions. The facility may include meal preparation, distribution, or service for residents of the center as well as nonresidents, merchandise distribution, or shelter, including boarding, lodging, or residential care. The term "crisis center" includes domestic violence centers, homeless shelters, and halfway houses.

Cul-de-sac means a road having one end open to traffic and being permanently terminated at the other end by a vehicular turn-around.

Curb means a boundary, usually constructed of concrete, usually marking the edge of a roadway or paved area, which is designed to channel stormwater to drainage inlets or prevent or deter access.

Custom order shop means a business establishment that offers merchandise but which maintains no merchandise inventory on site other than display items (which are not visible from the exterior of the building). This use is an enclosed retail trade establishment.

Day care center means any place operated by a person, society, agency, corporation, institution or group, and licensed or registered by the State as a group day care home or day care center, wherein are received for pay for group supervision and care, for fewer than 24 hours per day, seven or more persons.

Density means the quantity of buildings per unit of area; for example, the number of dwellings per area (gross square foot or per acre).

Detail means a small feature or element that gives character to a building.

Detention means the temporary retaining of stormwater on site.

Detention pond means a pond or pool used for the temporary storage of stormwater runoff and which provides for the controlled release of such stormwater.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials; any activity which alters the elevation of the land, removes or destroys plant life, or causes structures of any kind to be erected or removed.

Developmentally disabled person means a person with a disability resulting in substantial functional limitations in such person's major life activities which disability is attributable to mental retardation, cerebral palsy, epilepsy, or autism or is attributable to any other condition related to mental retardation because such condition results in impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons.

Dormer means a window projecting from a roof.

Dormitory means a building designed for a long-term stay by students of a college, university, or nonprofit organization for the purpose of providing rooms for sleeping purposes, and which may include common kitchen or common gathering rooms for social purposes.

Drive through means a retail or service enterprise wherein service is provided or goods are sold to the customer within a motor vehicle and outside of a principal building.

Dry cleaning plant means a building, portion of a building, or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion or agitation, or by immersions only, in volatile solvents included, but not limited to, solvents of the petroleum distillate type, or the chlorinated hydrocarbon type, and the processes incidental thereto.

Dumpster means a container designed to hold refuse that has a hooking connection that permits it to be raised and dumped into a sanitation truck for disposal, or a container (excluding temporary placements) designed to hold refuse that is loaded onto a truck.

Dwelling means a building or portion of a building arranged or designed to provide living quarters for one or more families or households on a permanent or long-term basis.

Dwelling, single-family detached, means a site-built residential building, or an industrialized building, designed for occupancy by one family or household. The term "single-family detached dwelling" does not include manufactured homes or mobile homes. The term "single-family detached dwellings" may be under fee simple (i.e., individual lot) ownership or on a condominium basis.

Dwelling, single-family detached, fee simple, means a building designed or arranged to be occupied by one family or household only, and where such dwelling is located on its own lot in fee simple title.

Dwelling, multifamily, means a building other than a duplex, designed for or occupied exclusively by three or more families or households with separate housekeeping facilities for each family.

Dwelling unit means a building, or portion thereof, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.

Easement means:

(1)

Non-possessory interest in land;

(2)

Grant by a property owner for the use by the public, a corporation or persons, of a portion of land for a specified purpose or purposes.

Easement, access, means an easement devoted to vehicular access which affords a principal means of access to abutting property or properties, but which is not necessarily open to the general public and which is not necessarily improved to standards of the City.

Elevation drawing means an architectural drawing of a building or building facade, intended to illustrate its design, characteristics and major features. (See example below.)

END ELEVATION — UNIT

Exterminator means an establishment engaged in pest control for businesses, institutions, residences, or industries. Such a use is a business service establishment.

Extractive industry means removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged. The term "extractive industry" includes gravel pits, mines, quarries, and similar operations.

Facade means the face (exterior elevation) of a building, especially the face parallel to or most nearly parallel to a public street.

Family means an individual; or two or more persons related by blood, marriage, or guardianship.

Family day care home means a private residence in which a business, registered by the State, is operated by any person who receives therein (for pay) for supervision and care for fewer than 24 hours per day, not more than six persons who are not residents in the same private residence. For purposes of this chapter, a family day care home may be operated as a home occupation, subject to the requirements of this chapter.

Fee simple means a form of ownership where the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.

Fence means an enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls, but not including hedges, shrubs, trees, or other natural growth.

Fence, barbed wire, means one or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals, including vertical supports.

Fence, chain link, means an open mesh fence made entirely of wire woven in squares of approximately 1.5 inches with vertical supports, usually spaced at an interval of six feet, usually at a height of three or more feet.

Fence, solid, means a fence, including entrance and exit gates where access openings appear, through which no visual images can be seen.

Finance, insurance, and real estate establishments include, but are not limited to, banks, savings and loan institutions and credit unions, security and commodity exchanges, insurance agents, brokers, and service, real estate brokers, agents, managers, and developers, trusts, and holding and investment companies.

Flea market means the use of land, structures or buildings for the sale of produce or goods, usually second-hand or cut-rate. A flea market is considered an open air business.

Forestry means an operation involved in the growing, conserving, and managing of forests and forest lands. Forestry operations or practices include the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, the construction of roads, insect and disease control, fire protection, and may include the temporary operation of a sawmill or chipper to process the timber cut from the parcel or parcels. The term "forestry" does not include the cutting of timber associated with approved land development.

Funeral home means a building used for human funeral services. Such building contains a chapel and may include space and facilities for embalming and the performance of other services used in the preparation of the dead for burial or cremation, the performance of autopsies and other surgical procedures, the indoor storage of caskets, funeral urns, and other related funeral supplies, or the indoor storage of funeral vehicles.

Gable means the triangular upper portion of an end wall, underneath a peaked roof.

Gas tank sales means the retail sale of bulk storage tanks for flammable and combustible liquids, compressed gases or liquefied petroleum (LP) gas. Gas tank sales are considered open air business uses.

Grade, finished, means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and includes the land in its cut or filled condition.

Greenhouse means a building designed or used for growing or propagating plants, with walls or roof usually designed to transmit light.

Group home means a single housekeeping unit of more than six unrelated persons, whether or not they are developmentally disabled.

Guesthouse means a lodging unit for temporary guests in an accessory building. No guesthouse shall be rented or otherwise used as a separate dwelling.

Harmony means a quality that represents an attractive arrangement and agreement of parts of a composition, as in architectural elements.

Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations promulgated by the government of the United States or the State.

Health spa.

(1)

The term means an establishment which for profit or gain provides as one of its primary purposes, services or facilities which are purported to assist patrons improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise.

(2)

The term "health spa" includes establishments designated as reducing salons, exercise gyms, health studios, health clubs, fitness studios, and other terms of similar import.

(3)

Not included within the term "health spa" are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility.

Hedge means a row of closely planted shrubs, bushes, or any kind of plant forming a boundary.

Helicopter landing pad means any structure or area which is designed or constructed for use, or used, as a helicopter landing area or any structure or area which is used as a helicopter landing area.

Home occupation means any use, occupation or activity conducted on the same site as a dwelling which is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof, as may be lawfully established under the terms of this chapter.

Hospital means an institution licensed by the state and providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, and including as an integral part of the institution, such related facilities as laboratories, outpatient facilities, or training facilities.

Hotel means a commercial lodging service with one or more buildings devoted to the temporary shelter for the traveling public, and where entry to individual guest rooms is via a central lobby. A hotel is a lodging service for purposes of this chapter.

Household means a family, as defined herein, or a group of not more than four persons, including developmentally disabled persons and their caretakers, who need not be related by blood, marriage, or guardianship, living together in a dwelling unit as a single-housekeeping unit.

Impact means the effect of any direct manmade actions or indirect repercussions of manmade actions on existing physical, social, or economic conditions.

Impervious surface means a manmade structure or surface, which prevents the infiltration of water into the ground below the structure or surface. Examples are buildings, structures, roads, driveways, parking lots, decks, swimming pools, and patios.

Improvements means the physical additions and changes to land that may be necessary to produce usable, desirable and acceptable lots or building sites.

Incinerator means a facility with equipment that uses a thermal combustion process to destroy or alter the character or composition of medical waste, sludge, soil, or municipal solid waste, not including animal or human remains.

Industrialized building means any structure or component thereof which is designed and constructed in compliance with the state minimum standards codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.

Industrialized building, residential.

(1)

The term "residential industrialized building" means any dwelling unit designed and constructed in compliance with the State Minimum Standard One- and Two-Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to a permanent load-bearing foundation.

(2)

The term "residential industrialized building" does not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Institution means a nonprofit corporation or a nonprofit establishment.

Institutional residential living and care facilities means an umbrella term that encompasses the following uses as specifically defined in this chapter: assisted living facility, intermediate care home, nursing home, skilled nursing care facility, and personal care home.

Intermediate care home.

(1)

The term "intermediate care home" means a facility which admits residents on medical referral; it maintains the services and facilities for institutional care and has an agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the state department of human resources or state agency with jurisdiction as may be reorganized.

(2)

The term "intermediate care" means the provision of food, including special diets when required, shelter, laundry and personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, medications and similar assistance, such services being under appropriate licensed supervision.

(3)

Intermediate care does not normally include providing care for bed patients except on an emergency or temporary basis.

Junk means scrap or waste material of any kind or nature collected for resale, disposal, or storage, or by accumulation.

Kennel means any facility used for the purpose of commercial boarding or sale of domestic animals or pets such as dogs and cats, and any other customarily incidental treatment of the animals such as grooming, cleaning, selling of pet supplies, or otherwise. The term "kennel" includes animal grooming services and pet psychologists.

Kitchen means any room or part of a room designed, built, used, or intended to be used for cooking, the preparation of food, or dishwashing. The presence of a range, oven, or dishwasher, or utility connections suitable for serving a range or oven, shall normally be considered as establishing a kitchen.

Land-disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including practices specifically exempt from the City's soil erosion, sedimentation, and pollution control regulations (article III of chapter 14) unless the context clearly indicates otherwise.

Landfill, construction and demolition, means a disposal facility accepting waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures. Such wastes include, but are not limited to, asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material and other inert wastes which have a low potential for groundwater contamination.

Landfill, inert waste, means a disposal facility accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves, and specifically excluding industrial and demolition waste.

Landfill, sanitary, means the burial of nonhazardous waste where such waste is covered on a daily basis, as distinguished from a construction and demolition landfill.

Landscape strip means an area of landscaping of specified width.

Landscaping means the modification of the landscape for an aesthetic or functional purpose. The area within the boundaries of an individual lot that includes the preservation of existing vegetation and the continued maintenance thereof, as well as the installation of trees, shrubs, ground covers, grass, and flowers. Landscaping areas may also include decorative rock, bark, mulch and other similar approved materials in addition to vegetation and live plant material.

Landscaping company means a business engaged in the provision of landscaping services or the wholesale or retail sale of landscaping products, including but not limited to sod, trees, landscaping timbers, and earth covering materials. The processing of wood into timbers, mulch, or chips is considered an incidental use of a landscaping company whose primary purpose is the wholesale or retail sale of landscaping products.

Laundromat means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron. A laundromat is considered a personal service establishment.

Lighting, neon outline, means outline lighting formed in whole or in part with neon.

Live-work unit means buildings or spaces within buildings that are used jointly for commercial and residential purposes where the two uses are physically connected in one unit and residential use of the space is accessory to the primary use as a place of work. The term "live-work unit" is distinguished from a home occupation and from a mixed-use building. Live-work units may have larger work spaces than permitted by home occupation, and live/work units design the floor space for both living and working areas. Live-work units are distinguished from mixed-use buildings in that a mixed-use building has residential and nonresidential uses in the same building, but the residential and nonresidential spaces are not necessarily connected or used by the same person.

Livestock means cattle, horses, pigs, sheep, goats, llamas, emus, ostriches, donkeys, mules, goats, sheep, chickens, ducks, geese, and other fowl, rabbits, minks, foxes and other fur or hide-bearing animals, customarily bred or raised in captivity, whether owned or boarded, whether kept for pleasure, utility, or sale.

Lodging service means a facility that offers temporary shelter accommodations, or place for such shelter, open to the public for a fee, including hotels and motels. A bed and breakfast inn is defined separately and is not considered a lodging service for purposes of this chapter.

Lot means a parcel of land occupied or capable of being occupied by a use, building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same. The term "lot" includes the term "plot" or "parcel."

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot, double frontage, means any lot, other than a corner lot, which has frontage on two streets.

Lot, flag, means a tract or lot of land of uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure on that lot. A flog lot is also called a panhandle lot.

Lot area, minimum means minimum lot area means the smallest permitted total horizontal area within the lot lines of a lot, exclusive of street and alley right-of-ways but inclusive of easements.

Lot depth means the mean horizontal distance between front and rear lot lines.

Lot frontage means the width in linear feet of a lot where it abuts the right-of-way of any street.

Lot of record means a lot which is part of a subdivision, a plat of which has been lawfully recorded in the records of the Clerk of Superior Court of the County; or a parcel of land, the deed of which has been lawfully recorded in the same office as of the effective date of the zoning ordinance from which this chapter is derived.

Lot width means the distance between side lot lines measured at the front building line.

Lumber yard means a facility where wood materials such as lumber, plywood, panels or other wood products are processed and sold for retail sale or wholesale. Such use may involve performing millwork, planing, cutting, or other customizing processes.

Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length, when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to utilities, and includes the plumbing, heating, and electrical systems contained therein; or a structure that otherwise comes within the definition of the term "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USC 5401—5445).

Manufacturing, processing or assembling means the mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included in the term "manufacturing, processing" or "assembling" is the blending of materials such as lubricating oils, plastic resins, or liquors.

Marquee means a roofed structure attached to and supported by a building and projecting over public or private sidewalks or rights-of-way.

Massing means the overall visual impact of a structure's volume; a combination of height and width and the relationship of the heights and widths of the building's components.

Materials recovery facility means a solid waste handling facility that provides for the extraction from solid waste of recoverable material, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

Metes and bounds means a system of describing and identifying land by a series of lines around the perimeter of an area; the term "metes" means bearings and distances, and the term "bounds" refers to physical monuments.

Mini-warehouse . See Self-service storage facility.

Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length, when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; and which has not been inspected and approved as meeting the requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USC 5401—5445).

Model home means a dwelling temporarily used as a sales office or demonstration home for a residential development under construction, the dwelling being used as an example of a product offered for sale to purchasers (by a realtor, building developer, or contractor). The dwelling may be furnished but is not occupied as a residence while being used as a model home.

Motel means a commercial lodging service with one or more buildings devoted to the temporary shelter for the traveling public, and where entry to individual guest rooms is via the exterior of the building rather than through a central lobby.

Museum means a building having public significance by reason of its architecture or former use or occupancy, or a building serving as a repository for a collection of natural, scientific, literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be viewed by members of the public with or without an admission fee, and which may include as an accessory use the sale of snacks and goods to the public as gifts or for their own use.

Natural drainage means channels formed by the existing surface topography of the earth prior to changes made by unnatural causes.

Nonconforming building or structure means a building or structure, which may be principal or accessory, that does not meet one or more applicable setbacks for the zoning district in which the building or structure is located, or a building or structure that exceeds the maximum height or building coverage for the zoning district in which the building or structure is located, or a building or structure that otherwise does not comply with dimensional requirements established by this chapter for the particular principal building or accessory structure or for the zoning district in which the nonconforming building or structure is located.

Nonconforming lot means a lot which does not conform to the minimum lot frontage requirements of this chapter or the minimum lot size and minimum lot width requirements of the zoning district in which the lot is located as established by this chapter, but which was a lot of record prior to the effective date of the ordinance from which this chapter is derived or its amendment.

Nonconforming situation means any development, land improvement, or activity, not otherwise included within the definition of nonconforming lot, nonconforming building or structure, nonconforming use, or nonconforming sign which does not meet the provisions of this chapter at the time of its adoption or amendment. Examples of nonconforming situations include but are not limited to, noncompliance with off-street parking regulations or access requirements, failure to adhere to landscape strip requirements, tree protection, and insufficient landscaping requirements.

Nonconforming use means any building or use of land or building lawfully existing on or before the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the ordinance from which this chapter is derived, which does not conform to the use provisions of the zoning district in which it is located.

Nursery or kindergarten school means any building used routinely for the daytime care or education of preschool age children and including all normal accessory and play areas. For the purpose of this chapter, a nursery or kindergarten school is considered to be a day care center.

Nursing home means a facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has an agreement with a physician and dentist who will be available for any medical or dental emergency and who will be responsible for the general medical and dental supervision of the patients; it complies with rules and regulations of the state department of human resources or state agency with jurisdiction as may be reorganized.

Occupied, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Office means a building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations and not involving retail sales or other sales of any kind on the premises.

Office/warehouse means a building that combines office and warehouse or storage functions, where the majority of the area of the building is devoted to warehouse or storage functions, and which does not involve retail sales.

Opaque means impenetrable to view, or so obscuring to view that features, buildings, structures, and uses become visually indistinguishable.

Open air business means any commercial establishment with the principal use of displaying products in an area exposed to open air on three or more sides, including but not limited to rock yards, nurseries and garden centers and garden supply stores, lumber and building materials yards, flea markets, statuaries and monument sales establishments, liquid petroleum dealers and tank sales. A roadside stand is not considered to be an open air business.

Open space means land and water areas retained for use as passive recreation areas or for resource protection or conservation in an essentially undeveloped state.

Open space, landscaped, means that portion of a given lot, not covered by buildings, parking, access and service areas, that is designed to enhance privacy and the amenity of the development by providing landscaping features, screening and buffering for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. The term "landscaped open space" may include, but need not be limited to, grass lawns, decorative planting, berms, walls and fences, ornamental objects such as fountains, statues and other similar natural and manmade objects, wooded areas, and watercourses, any or all of which are designed and arranged to produce an aesthetically pleasing effect within the development.

Orchard means an establishment which cares for and harvests fruit or nut-bearing trees, bushes, or vines.

Outdoor recreation includes greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, swimming pools, clubhouses, toilets, dressing rooms, lockers, bicycle facilities, equestrian facilities, beaches, docks, seating areas, amphitheaters, stages, bandshells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters and picnic areas, landscaping and other land containing outdoor recreation structures and facilities.

Outdoor storage means the keeping of any goods, junk, material, merchandise or commercial vehicles in the same outdoor place for more than 24 hours.

Overlay district means a defined geographic area that encompasses one or more underlying zoning districts and that imposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with existing zoning districts or contain only parts of one or more such districts.

Parapet means that portion of a wall which extends above the roofline.

Park means a public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.

Parking space means an area having dimensions of not less than 300 square feet, including driveway and maneuvering area, to be used as a temporary storage space for a private motor vehicle.

Parking structure means a structure or portion thereof composed of one or more fully or partially enclosed levels or floors used for the parking or storage of motor vehicles. The term "parking structure" includes parking garages, deck parking, and underground parking areas under buildings.

Pedestrian-scale development means development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. In the case of pedestrian retail districts, there are generally windows or display cases along building facades which face the street.

Permit means the authorization necessary to conduct an activity under the provisions of this chapter.

Permit, development, means an official authorization issued by the Planning Commission in accordance with this chapter to proceed with land disturbance and grading and site development, as set forth in this chapter. A development permit is separate from but coordinated with the land disturbance permit required under this Code (soil erosion, sediment, and pollution control). A development permit may be required even when a land disturbance permit is not required.

Personal care home means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. Personal care tasks include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating.

Personal service establishment means a facility engaged in the provision of services to persons and their apparel, including but not limited to barber and beauty shops, coin-operated laundromats, full service laundries, dry cleaners, photographic studios, shoe repair and shoeshine shops, travel agencies, massage parlors, escort services, fortune-telling, psychics, clothing or costume rental, dating service, hair removal or replacement, or tanning salon.

Pet, household, means any animal other than livestock or wild animals, which is kept for pleasure and not sale, which is an animal of a species customarily bred and raised to live in the habitat of residential dwellings or on the premises thereof and is dependent upon residents of the dwelling for food and shelter. The term "household pet" includes but is not limited to dogs, cats, rodents, common cage birds, aquarium-kept fish, and small amphibians and reptiles.

Plan, concept, means a graphic drawn to an engineering scale and submitted with an application for a rezoning, zoning amendment, annexation, or other type of application upon which the applicant has shown the intended development and its design. Approval of such an application containing a concept plan does not constitute approval of the concept plan in terms of authorizing development or building, which is subject to development and building permitting.

Plan, site, means a drawing of a residential, institutional, office, commercial, or industrial development, showing the general layout of a proposed development including, among other features, the location of existing streams, existing and proposed roads and driveways, buildings, parking areas, and open spaces or landscaped open spaces. The site plan is the basis for the approval or disapproval of the general layout of a development in the case of a multiple-family residential, institutional, office, commercial, or industrial development. The site plan drawn to an engineering scale and is distinguished from a concept plan which is submitted with zoning and special use applications.

Planning Commission means the City Planning Commission.

Porch means a projection from a building wall which is covered but enclosed on all sides by a vertical wall.

Portico means an exterior appendage to a building, normally at the entry, usually roofed.

Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The term "recreational vehicle" includes motorized homes, motorized campers, pick-up campers, travel trailers, camping trailers, and tent trailers, among others.

Recycling processing center means any facility utilized for the purpose of collecting, sorting and processing materials to be recycled, including, but not limited to, plastics, glass, paper and aluminum materials.

Relocated residential structure means a detached, single-family dwelling, site-built (i.e., excluding a manufactured home or mobile home) that is moved or disassembled into more than one structure and moved to another site, whether temporarily or permanently.

Research laboratory means a facility for scientific laboratory research in technology-intensive fields, including but not limited to biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities, computer software, information systems, communication systems, transportation, geographic information systems, multi-media and video technology. Also included in the term "research laboratory" are facilities devoted to the analysis of natural resources, medical resources, and manufactured materials, including environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products; and forensic laboratories for analysis of evidence in support of law enforcement agencies.

Restaurant means any establishment in which the principal business is the sale of foods and beverages to customers in a ready-to-consume state, and in which customers are served their food or beverages by a restaurant employee at the same table or counter at which the items are consumed, or customers are served their food or beverages by means of a cafeteria-type operation where the food or beverages are consumed within the restaurant building. The term "restaurant" includes taverns, bars, pubs, and sidewalk cafes.

Restaurant, drive-through, means any establishment in which the principal business is the sale of foods and beverages to customers in a ready-to-consume state and in which the principal or accessory method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.

Retail trade establishment, enclosed, means any business offering goods and products for sale to the public, which may include the incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. The term "enclosed retail trade establishment" includes but is not limited to the following: convenience stores including the sale of gasoline, hardware, paint, glass and wallpaper stores, grocery and miscellaneous food stores including retail bakeries, apparel, shoe, and accessory clothing stores, furniture, upholstery, floor covering, household appliance and home furnishing stores, musical instrument stores, radio, television, and computer stores, record, tape, and compact disc stores, eating and drinking places not involving drive-in or drive-through facilities, drug stores, apothecaries and proprietary stores, used merchandise stores and pawn shops, sporting goods stores and bicycle shops, art and stationery stores, hobby, toy, and game shops, jewelry, gift, novelty, souvenir and antique shops, camera and photographic supply stores, luggage and leather goods stores, sewing, needlework, and piece goods stores, catalogue and mail order stores, newsstands, florists, tobacco shops, automotive parts stores not involving repair, video rental and sales stores, and watch and clock sales and repair shops.

Retaining wall means a wall or similar structure used at a grade change to hold soil on the up-hillside from slumping, sliding, or falling.

Retention means the permanent maintenance of stormwater on site.

Retention pond means a pond or pool used for the permanent storage of stormwater runoff.

Retreat center means a facility used for professional, educational, or religious meetings, conferences, or seminars and which may provide meals in a single building, lodging, and recreation for participants during the period of the retreat or program only. Such center may not be utilized for the general public for meals or overnight accommodations. Housing is usually in lodges, dormitories, sleeping cabins or other such temporary quarters, which do not contain kitchens.

Rezoning means an amendment to the official zoning map, or an amendment to an overlay zone boundary, that changes the zoning district or overlay zone of one or more properties specified in an application.

Riding academy or equestrian center means an establishment where horses are kept for riding or are kept for competition or educational purposes incidental to a club, association, ranch, educational institution or similar establishment, but which does not involve commercial sales and is not open to the general public for a fee.

Riding stable means an establishment where horses or other animals that can be ridden by humans are kept for riding and which offers the general public rides for a fee.

Right-of-way, public , means that area, distinguished from an easement or private road right-of-way, which is owned in fee simple title by the City or other government, for the present or future use of alleys, roads and highways, together with any drainage facilities and other improved ancillary structures.

Road means a state highway, a county road, a road adopted as a county-owned right of way approved for county maintenance, a street owned or maintained by a municipality, a street approved for city maintenance, or where permitted, a private road. Roads afford the principal means of access to abutting property or properties. The term "road" includes street, but does not include access easement.

Road, private, means an improved road, distinguished from a public road in that the right-of-way which affords a principal means of access to abutting property or properties is privately owned and maintained.

Roadside stand means a use offering either farm-grown, prepared food products such as fruits, vegetables, canned foods, or similar agricultural products for sale on the premises within or without a temporary structure on the premises with no space for customers within the structure itself.

Roof means the cover of a building, including the eaves and similar projections.

Roof, flat, means a roof having no pitch or a pitch of not more than 2:12.

Roof, pitched, means a shed, gabled, or hipped roof having a slope or pitch of at least one foot rise for each four feet of horizontal distance.

Salvage yard means a place of business primarily engaged in the storage, sale, dismantling or other processing of uses or waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, used tire storage yards, or retail or wholesale sales of used automobile parts and supplies. The term "salvage yard" includes junkyards.

Sidewalk means a hard-surfaced pedestrian access area adjacent to or within the right-of-way of a public road or private road.

Sawmill means a facility where logs or partially processed wood are sawn, split, shaved, stripped, chipped, or otherwise processed to produce wood products. The term "sawmill" does not apply to the processing of timber for use on the same lot by the owner or occupant of that lot.

School for the arts means an educational use not operated by the County Board of Education that offers or provides instruction to more than two students at a time in dance, singing, music, painting, sculpting, fine arts, or martial arts.

School, private, elementary, middle, or high, means an educational use for students in grades one through 12 or for only certain ranges of grades one through 12, not operated by the county board of education, which has a curriculum at least equal to a public school with regard to the branches of learning and study required to be taught in the public schools of the State.

School, public, means an educational use for students in grades one through 12 or for only certain ranges of grades one through 12, operated by the County Board of Education.

School, special, means an educational use not operated by the County Board of Education that provides special education to more than two students at a time, including but not limited to the training of gifted, learning disabled, and mentally or physically handicapped persons.

School, trade, means an educational use not operated by the County Board of Education and having a curriculum devoted primarily to business (including barbers and beauticians), industry, trade, or other vocational-technical instruction.

Self-service storage facility means miniwarehouse, a structure, building or group of buildings divided into separate compartments, spaces, or stalls, which may be of different sizes and which may or may not be climate controlled, and which are leased or rented on an individual basis to businesses and residents for temporary storage needs, but where no commercial transactions or activities take place other than the rental of the storage units for exclusively storage purposes.

Service and fuel filling station means any building, structure or land use for the retail sale of motor vehicle fuel and oil accessories, and which may include the servicing of motor vehicle, except that major repairs, body repairs and painting of motor vehicles shall not be considered servicing of motor vehicles.

Shall. The term "shall" is mandatory, not discretionary.

Showroom means a principal or accessory use where wholesale or retail goods are displayed.

Sight visibility triangle means the areas at the corners of an intersection of two streets, or at an intersection of a street and driveway, that must be kept free of shrubs, ground covers, berms, fences, structures, or other materials or items that would obstruct views at heights between 30 inches to 12 feet as measured from the ground.

Skilled nursing care facility means a facility which admits residents on medical referral; it maintains the services and facilities for skilled nursing care and has an agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the state department of human resources or state agency with jurisdiction as may be reorganized. The term "skilled nursing care" means the application of recognized nursing methods, procedures, and actions directed toward implementation of the physician's therapeutic and diagnostic plan, detection of changes in the human body's regulatory system, preservation of such body defenses, prevention of complications and emotional well-being.

Slaughterhouse means a facility for the slaughtering and processing of animals and the refinement of their byproducts. The term "slaughterhouse" includes rendering plants.

Solid waste transfer facility means a fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.

Special event facility means a facility or assembly hall available for lease by private parties or special events such as weddings. The term "special event facility" includes wedding chapels.

Street furniture means those features associated with a street that are intended to enhance the street's physical character and use by pedestrians, such as benches, trash receptacles, planting containers, pedestrian lighting, kiosks, etc.

Streetscape means an area that may either abut or be contained within a public or private street right-of-way or access way that may contain sidewalks, street furniture, trees and landscaping, and similar features. The term "streetscape" also includes the visual image of a street, including the combination of buildings, parking, signs, and hardscapes.

Structure means anything built, constructed or erected, or established or composed of parts joined together in some definite manner, the use of which requires location on the ground or which is attached to something having permanent location on the ground. For purposes of this chapter, swimming pools, and tennis courts, are considered structures. Tents, vehicles, trailers, and play equipment attached to the ground in some permanent or temporary way shall be considered structures. A structure may or may not be easily moved from a given location on the ground. Walls and fences are considered structures, but are subject to setback regulations for walls and fences rather than principal or accessory building setback regulations.

Subdivision means the division of a tract or parcel of land into two or more lots, building sites, lease lots, or other divisions for the purpose, whether immediate or future, of sale, lease, legacy, or building development. The term "subdivision" includes the opening of a new road, a change in existing roads, or divisions of land involving the extension of water, sewer, or gas lines. The term "subdivision" includes resubdivision and, where appropriate to the context, relates to the process of subdivision or to the land or area subdivided.

Substantial accordance means strong, yet not precise, conformity such that an ordinary person would conclude that all essential elements are met.

Taxicab or limousine service means any place used to dispatch motor vehicles with drivers for hire.

Tow service means an establishment that dispatches towing vehicles and which provides for the temporary storage of vehicles but does not include disposal, disassembly, salvage, or accessory storage of inoperable vehicles. The term "tow service" is distinguished from wrecked motor vehicle compound and salvage yard as defined herein.

Townhouse means one of a group of three or more single-family, attached dwelling units under fee simple ownership.

 

Trail means a way designed for and used by equestrians, pedestrians, or cyclists using non-motorized bicycles.

Trash enclosure means an accessory use of a site where trash or recyclable material containers, or any other type of waste or refuse container is stored.

Truck stop means an establishment engaged primarily in the fueling, servicing, repair, or parking of tractor trucks or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. The term "truck stop" may also include overnight accommodations, showers, or restaurant facilities primarily for the use of truck drivers.

Use, accessory , means a use of land subordinate to the principal building or use on a lot for purposes incidental and related to the principal building or use and located on the same lot therewith.

Use, conditional, means a use that would not be appropriate generally or without restriction throughout a particular zoning district and is not automatically permitted by right within the zoning district, but which, if controlled as to number, area, location, relation to the neighborhood or other pertinent considerations, may be found to be compatible and approved by the City Council after review and recommendation by the City Planning Commission within that particular zoning district as provided in certain instances by this chapter. An approved conditional use runs with the property.

Use, permitted, means a use by right which is specifically authorized in a particular zoning district.

Use, public, means any building, structure, or use owned or operated by the federal government, the State, the County or other county, a municipality, or any authority, agency, board, or commission of the governments mentioned herein, that is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, post offices, police and fire stations, libraries and publicly operated museums, public health facilities and public hospitals, public works camps, parks and community centers, public roads and streets, water and sanitary sewerage intake, collection, pumping, treatment, and storage facilities, emergency medical facilities, and jails and correctional facilities.

Use, temporary, means a use or structure is in place for only a short period of time.

Used , as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

Variance means a grant of relief from the requirements of this chapter which permits construction or use in a matter otherwise prohibited by this chapter; a minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading, or other regulations which are dimensional in nature as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship or practical difficulty upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Variance, administrative, means a variance which is authorized to be approved by the Zoning Administrator under the terms of this chapter.

Vehicle emission testing facility means a building, structure, or use which is specifically designed to test the vehicle emissions of vehicles for compliance with air quality standards.

Warehouse means a use involving the storage of products, supplies, and equipment, and which typically involve truck transportation to and from the site.

Wetlands means those areas that are inundated or saturated by surface or groundwater 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.

Wastewater treatment plant means a facility or group of units used for the treatment of industrial or domestic wastewater for sewer systems and for the reduction and handling of solids and gasses removed from such waste, whether or not such facility is discharging into state waters.

Wholesale trade establishment means an establishment engaged in the selling or distribution of merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers.

Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. The term "wireless telecommunication equipment" also includes a ground mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

Wireless telecommunication facility means any freestanding facility, building, pole, tower, or structure used to provide wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.

Wrecked motor vehicle compound means an area used to store disabled or impounded motor vehicles until such time as their disposition (either by junk, salvage, repair, etc.) has been determined by the insurance company, the owner of the vehicle, or his legal representative.

Xeriscaping means landscaping characterized by the use of vegetation that is drought-tolerant or a low water use in character.

Yard means a space on the same lot with a principal building, open unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. For corner and double frontage lots, front yard requirements apply to all road frontages. Where build-to line requirements are specified in this chapter, they supersede front yard requirements.

Yard, rear, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard sale means the temporary sale of home furniture, appliances, clothing or domestic items owned by an occupant of a residential dwelling and taking place on the premises on which such occupant resides, whether in the yard or in a carport or garage. Yard sales which do not take place on the premises on which such occupant resides are considered open-air businesses, except that this shall not be construed to prevent the sale of such items by another family or household in connection with an event where such items are sold by the occupant of a residence on the premises where the yard sale occurs. The term "yard sale" includes garage sales.

Yard, side, means an open, unoccupied space on the same lot with the principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zoning Administrator. The functions of the Zoning Administrator shall be as assigned by Mayor and City Council and may principally include the administration, interpretation, and enforcement of zoning, sign, soil erosion, flood damage prevention, subdivision, land development, and related regulations adopted and enforced by the City.

Zoning map means the official zoning map or maps of the City.

(Code 1997, ch. 40, art. XVII; Ord. of 2-6-2012, ch. 40, art. XVII)