Article II. DEFINITIONS  

Generally, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the term "used" includes the words arranged, designed or intended to be "used"; the term "occupied" includes the words "arranged, designed or intended to be occupied"; the word "structure" includes the word "building", "dwelling" or "unit"; the word "lot" includes the word "plot", "parcel" or "tract". Specific definitions include the following:

Accessory building. A subordinate building or a portion of the main building, the use of which is incidental to the primary use of the main building or land. An accessory use is one which is a necessary function of the main use of the building.

Adult day care. An establishment where care and therapy is provided to elderly persons during normal business hours.

Adult media store. An establishment having more than ten percent of its stock-in-trade books, magazines, publications, video tapes, or film that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

Adult movie theater. An enclosed building used for presenting film or video material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

Agriculture. The production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nut, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.

Alley. A public thoroughfare or way, not more than 30 feet in width except for necessary turnarounds, and which normally provides a secondary means of access to abutting property.

Alteration. Any change in size, shape, character, occupancy or use of a building or structure.

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

Animal hospital. A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

Arcades. A commercial use, open to the public, that contains coin-operated games, rides, shows, and similar entertainment facilities and devices.

Assisted living care. A long term care facility for 25 or more persons where housing is provided with services that include assistance with ADLs (bathing, dressing and medication administration).

Automobile repair and service station. A building and/or a lot in or upon which the business of general motor vehicle repair and service is conducted, but excluding a junk auto wrecking or salvage business.

Automobile sales. The use of property for the purpose of selling new or used vehicles.

Automobile wrecking. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Average adjacent grade. The average natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Bar. Any place devoted primarily to the retailing and drinking of malt, vinous, or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Blighted area. An area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of sanitation facilities, trash and junk accumulation, and impacted by adverse environmental nuisances, such as noise, heavy traffic, and odors.

Boardinghouse. A building other than a hotel or motel where for compensation and by arrangement for a definite period of time, meals or lodging or both are provided for three or more persons.

Buffer. Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use of property from another so as to visually shield or physically block noise, lights, or other nuisances.

Building. Any structure except a trailer, which has a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

Building official. The person or persons designated by the aldermanic board to enforce the provisions of this ordinance and charged with the responsibility for building inspection and construction permitting.

Building setback line (front yard). A line extending across the front of the lot from side lot line to side lot line, and lying between the property line and vertical wall of the structure or vertical plate line of porches or carports. (See illustration figures 2 and 3)

Business services. Any activity where the primary function is to support commercial office uses, such as secretarial, graphics, advertising, accounting and similar services.

Caretakers dwelling. An accessory building or portion of a primary structure used or designed for use as a residence, specifically, as an accessory use to the principle structure. Other terms for this type of dwelling unit includes: granny home, mother-in-law cottage and guest house. By no means shall such a use be considered a separate primary structure, eligible for a minor subdivision if either resulting lot created will be substandard in size.

Carports. A structure intended for vehicle storage not completely enclosed by walls and doors.

Child care center. An establishment which provides care for seven or more children, opened for a major portion of the day or night, and where meals may be served. A child care center is a land use that is predominantly commercial in nature.

Church. A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses that are non-commercial in nature.

Clinic. An establishment where patients who are not lodged overnight are admitted for examination and treatment.

Club, private. Associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include nightclubs, or other institutions operated for profit.

Club (country-club). 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.

Commercial use. Activity involving the sale of goods or services carried out for profit.

Condition of fact. Statement of [or] presentation including but not limited to drawings, planning data, and engineering data that the proposed use of land meets the intent of the zoning district for which it is proposed.

Conditional use. A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving agency.

Condominium: A building, or group of buildings, in which dwelling units, or floor area, are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

Convalescent home. A building, or portion thereof, wherein for compensation, living accommodation and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital other than a mental hospital.

Convenience store. Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches other than freshly prepared foods, such as salads, for off-site consumption.

Drive-in restaurant or refreshment stand. Any place or premises used for the sale, dispensing or serving of food, refreshments or beverages to patrons who enter upon the premises in automobiles, and for the consumption of food, refreshments or beverages in automobiles.

Drive-through. A facility designed to accommodate pickup of food, merchandise or services by motor vehicle momentarily at rest in a driveway expressly designed for that purpose.

Duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

Dust-free parking. An area with a constructed surface designed to support automobiles and trucks in a manner by which the surface material will not be carried away by wind, storm water, or normal use. Asphalt and cement serve as ideal materials for dust-free parking surfaces.

Dwelling. Any building or portion thereof which is designed for or used for residential purposes.

Dwelling, multifamily. A building designed for three or more families.

Dwelling, one-family. A building, designed for one family, not containing more than one dwelling unit intended for residential use.

Dwelling, two-family. A building designed for two families.

Dwelling unit. A space, area or portion of a building designed for and occupied by one family as a dwelling unit, with cooking facilities for the exclusive use of such family.

Easement. A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

Energy conservation device. Any device, such as a solar heating unit, which is designed to alter energy use patterns so as to provide the same level of services while requiring less total energy expenditures.

Erected. Built, constructed, reconstructed, moved upon or any physical operations on the premises required in building. Excavation, fill, drainage, and the like shall be considered a part of erection.

Essential services. Any structure, or facility (not including buildings over 200 square feet in interior area) required by a utility owned by the city or franchised to operate within the city limits, which by its nature, is customarily required to be located in a specific proximity to the area it services, as determined by the city engineer.

Expressway. See Street, expressway .

Family. One or more persons occupying a dwelling unit, living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Family day care home. A private residence operated by any person paid to supervise and care for three but not more than six children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence. This service may be provided for a duration of less than 24 hours per day. A certificate of registration for such activity issued by the Georgia Department of Human Resources is required.

Fences. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

Floor area. The area within the perimeter of the outside walls of the building with no deduction for corridors, stairs, closets, thickness of wall, columns or other features but excluding utility rooms not accessible from the interior of a dwelling, unenclosed porches, terraces or breezeways and carports or garages.

Flea-market (see also open-air market). An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

Fraternal organization. A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements.

Frontage of a building. The [length of the] side of [a] wall of a building approximately parallel [to] and nearest to a street.

Game rooms. An arcade that is secondary to the primary use of a commercial structure.

Garage apartments. An accessory building or portion of a primary structure used or designed for use as a residence, specifically, as an accessory use to the principle structure. Such use may be rented where permitted if it meets occupancy standards of a dwelling unit.

Gas station. Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels.

Governing body. The Pooler City Council.

Greenhouses. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

Guest home. Living quarters within a detached accessory building located on the same lot or parcel of land as the primary structure, used exclusively for housing members of the family occupying the main building and their non-paying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. By no means shall such a use be considered a separate primary structure and eligible for a minor subdivision if either resulting lot created will be substandard in size.

Hazardous substance. A substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury. Such substance is regulated by the federal government under the Resource Conservation and Recovery Act.

Hardship. See Variance, hardship .

Height of building. The vertical distance from the average adjacent grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Home business office. An office within a dwelling which is secondary to the use of the structure for dwelling purposes. The office may be for service or trade workers who customarily work at different locations, such as electricians, plumbers, appraisers, or individuals who work at home, such as writers or computer programmers. Home business (telephone use only) offices are not offices for customer servicing. Customers are prohibited from visiting the office and there may be no signs indicating the presence of such office on the premises.

Home occupations. An occupation customarily carried on within a home by the owner or spouse of the owner for gain or support, involving the sale of only those articles, products, or services produced on the premises, conducted entirely within a dwelling unit and conducted entirely by persons residing in that dwelling unit, using only that equipment as is customarily found in a home and involving no display of articles or products.

Hospital. Any institution receiving inpatients or a public institution receiving outpatients and authorized under state law to render medical, surgical, or obstetrical care.

Hotel. A building which is open to the public, for compensation, [providing] lodging or board, or both, for 20 or more persons and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times.

Impervious surface. Any permanent material that prevents absorption of stormwater into the ground at a percolation rate slower than 120 minutes per inch. This includes but is not limited to buildings, swimming pools, decks, patios, accessory structures, and asphalt, brick, or concrete surfaces.

Injunction. A writ granted by a court of equity whereby one is required to do or refrain from doing a specified act.

Junkyard. Use of property for indoor or outdoor storage, keeping, abandonment, sale or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials and equipment or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Kennel. Any place or premises where four or more dogs or cats over four months of age are kept.

Kindergartens. See Public school .

Land, developed. A lot for which building plans have been reviewed and approved by the city administration and physical construction has begun.

Land, improved. A lot which has usable water and sewer service immediately accessible to the site as determined by the city engineer.

Laundromat. A business that provides home type washing, drying and/or ironing machines for hire.

Live entertainment. Includes an event or series of events, or activities or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate (including dancing) or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to: live music, recorded music played by a disc jockey (DJ) or other performance which is knowingly permitted by an establishment and attended by members of the public whether or not said activities are compensated by the establishment. Live entertainment does not include person(s) meeting for the purpose of playing traditional board games, such as chess, checkers or other popular commercial board games. Person(s) gathering to compete in electronic video games or trivia type games are also excluded. Live entertainment does not include live adult entertainment as defined in this article.

Lot. A developed or undeveloped parcel or tract of land in one ownership, legally transferable as a single unit of land. The following provides a list of various lot descriptions:

1.

Corner lot. A lot abutting upon two or more streets at their intersection.

2.

Interior lot. A lot, the side lines of which do not abut on a street.

3.

Through lot. An interior lot having frontage on two or more streets.

4.

Flag lot. A lot with access provided to the bulk of the lot by means of a narrow corridor. (See figure 1)

Lot area, usable. The lot area less easements, setbacks, and areas not suitable for construction (e.g. wetland and floodways).

Lot, business. Front line of business lots shall have a five-foot plat provided for the purpose of beautification. This shall consist of plantings of shrubbery and grass for the enhancement of the location.

Lot depth. The average distance between the front and rear lot lines.

Lot line, rear. The lot line opposite or most distant from the lot line whichever is most compatible with setbacks of adjacent properties. In the case of triangular or gore-shaped lot wherein the two side plot lines coverage in the rear, the rear lot line shall be considered to be a line ten feet in length within the plot parallel to and at the maximum distance from the front plot line.

Lot line, side. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is a side lot line. A side lot line separating a lot from another lot or plots is an interior or side lot line.

Lot width. The horizontal distance between the side lot lines of a lot measured at the front yard building setback line.

Lots and their Frontage

Live adult entertainment. An establishment devoted to adult entertainment, either with or without a liquor license, presenting distinguished and characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas. Such entertainment includes but is not limited to wet T-shirt contests, bikini mud-wrestling, topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainment for observation by patrons.

Mandamus (writ of). A writ issued by a superior court commanding the performance of a specified official act or duty.

Marquee. A canopy or covered structure projecting from and supported by a building when such canopy or covered structure extends beyond the building, building line, or property line.

Manufactured housing. A factory-built, single family structure that is manufactured under the authority of 42 USC Sec. 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is designed to be used as a place of human habitation with or without a permanent foundation when connected to the required utilities. It is not constructed with a permanent hitch or other device allowing transportation of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

Medical center: A physical plant or campus composed of buildings in which inpatient and/or outpatient health care, health and wellness services, research, staff support, and ancillary medical products and services are provided.

Mini-warehouses (self-service storage facility). A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on an individual basis for varying periods of time. These storage spaces or units shall not exceed 2,500 square feet and shall not be used for any activity other than storage. There may be one caretaker's dwelling permitted for the entire facility.

Mobile home. A form of manufactured housing, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length. When erected on site, a mobile home is 320 or more square feet and is built on a permanent chassis. The finished structure is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. Mobile home structures include plumbing, heating, air-conditioning, and electrical systems contained therein and were manufactured prior to June 15, 1976.

Modular home. A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Southern Building Code Congress International, the Georgia Industrialized Building Act, or the National Manufactured Housing Construction Act as amended. For the purposes of this ordinance, modular home shall be construed to be a single family dwelling.

Motel. A building or group of buildings containing sleeping accommodations and customary accessory uses for rental primarily to automobile transients.

Neighborhood. An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers.

Net acre of residential land. Net acre of residential land shall be defined as any portion of lot area reserved for, or intended to be used for, residential buildings, open space, recreation space, and similar accessory uses, excluding areas devoted to streets, driveways, parking and loading facilities, and similar uses or structures. Net residential land shall further be fined as the difference between "gross land area" less "car area" and any area devoted to nonresidential uses of structures, offices, institutional uses, commercial uses, and similar uses.

Nightclub. A restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment are provided for guests.

Nonconforming use. A structure or land lawfully occupied by a use at the time of the adoption or subsequent amendment of this ordinance which is not permitted in the district in which such structure or land is located.

Non-profit military museum. A museum complex of at least 80,000 square feet which is organized and operated by a 501(c)(3) non-profit corporation in existence for at least ten years for the purpose of commemorating military service and educating younger generations, and any additional fixtures to the museum for the purpose of which is to commemorate such military history. Such fixtures may include columbaria exempt from registration with the Secretary of State under GA. COMP. R. & REGS. 590-3-3-.11 which house the remains of those whose inurnment would further the commemoration of military service.

Nursery school. A place for the day care and instruction of children not remaining overnight.

Nursing home. A home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Occupied. Arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Off-site parking. Any vehicular parking area located on a lot other than that which the parking serves.

Open air market. A principal commercial activity that occurs at a fixed location, where a proprietor, partnership, or corporation leases to vendors a booth or commercial stall from which the vendor markets his or her goods. Part or all of the open air market is conducted outside of an enclosed structure; sidewalk sales are not included under this definition. Each vending location shall have access via an internal walkway, courtyard, path, or common area.

Package store. A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

Park. A tract of land, designated and used by the public for active and passive recreation.

Parking. The temporary, transient storage of motor vehicles used for transportation, while their operators are engaged in other activities. It shall not include storage of new or used motor vehicles for sale, services, rental or any other purpose other than specified above. "Parking" as defined herein shall apply only to open-air storage of motor vehicles.

Parking space. The space required to park one automobile, which shall be a minimum of eight feet wide and 20 feet long, exclusive of passageways.

Person. Individual, association, firm, partnership, or corporation.

Personal and professional services. Any business activity of a personal or professional nature provided to the general public, such as banking, barbershops, beauty shop, dry cleaning pickup and medical or dental.

Personal care home. A building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals, and personal care for nonfamily ambulatory adults for compensation. The following are three specific types of personal care homes:

1.

Family personal care home. A home for adults in a family type residence, non-institutional in character, which offers care to two through six persons.

2.

Group personal care home. A home for adult persons in a residence or other type building(s), non-institutional in character, which offers care to seven through 15 persons.

3.

Congregate personal care home. A home for adults which offers care to 16 or more persons.

Planned Unit Development (PUD). Land under unified control to be planned and developed in single development operation or a definitely programmed series of development operations; such development may include a program for establishment, operation, and maintenance of common open spaces, areas, facilities, and improvements available for common use by occupants of the district; and a development consisting of principal and accessory structures and uses substantially related to the character of the district, which will be developed according to comprehensive and detailed plans for streets, utilities, lots, or building sites, and the like.

Preschool. A child day care facility specializing in preparing children for a formal education environment.

Private school. See School, Private .

Porch. A roofed-over space attached to the outside of an exterior wall of building, which has no enclosure other than exterior walls of such building.

Public use. Buildings, structures and uses of land owned, operated or maintained by a government unit or government agency, including but not restricted to public easements, public schools, fire stations, recreation sites and facilities and water treatment facilities.

Recreational vehicle. A vehicular type structure, primarily designed as temporary living quarters for recreation, camping, or travel use which either has its own power or is mounted on or drawn by another vehicle which is self-powered.

Recycling center.

(1)

Collection center. A site where recyclable goods are accepted and removed to a processing center on a semi-weekly basis at a minimum.

(2)

Materials recovery facility. A facility where recyclable materials are separated and processed from common household and commercial solid waste.

(3)

Processing center. A site where recyclable materials are separated and refined for shipment or delivery to a recycling plant.

(4)

Recycling plant. A site where recyclable materials are refined directly into raw materials.

Refuse. See Solid waste .

Remodeling, redecorating, or refinishing. Any change, removal, replacement or addition to walls, floors, ceilings, and roof surfaces or coverings which do not support any beam, ceiling, floor, load-bearing partition, columns, exterior walls, stairways, roofs or other structural elements of a building or a structure.

Restaurant. A building or part of a building where food is prepared and served for compensation for consumption on the premises.

Roof. Any structure or material serving as the top of an enclosure or protective of an area intended for occupancy by people or animals, or storage of goods or materials. A roof may be a permanent impervious structure or may be porous, such as screening or canvas.

Room. For the purpose of determining the required plot area, room shall mean an unsubdivided portion of the interior of a dwelling, having a floor area of 80 square feet or more intended or adaptable for living and/or sleeping purposes. Space in a dwelling used only for bathroom, storage, hallway, utilities or similar purposes shall not be included as a room under this definition.

School, public. Any building or part thereof which is designated, constructed, or used for education or instruction in any branch of knowledge.

School, private. Any building or group of buildings used which meet state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

How to Measure Setback Distance
(top view)

How to Measure Setback Distance
(sideview)

Setback. The minimum horizontal distance between the line of the building or structure measured perpendicular to the building at its closest point (including walls, balconies, car ports, and awnings) and the property line from which the setback distance is required.

Sewage. The total or [of] organic waste and wastewater generated by residential, industrial, and commercial establishments.

Shopping center. A group of commercial establishments, built on a site that is planned, developed, owned or managed as an operating unit related in location, size and type of shops to the trade areas that the unit serves; it provides on-site parking in definite relationship to the type and total size of the stores. The lower limit of a shopping center shall not be less than 40,000 square feet of gross leasable area.

Sign, principal use. A sign which directs attention to a business, commodity, service, or other activity, conducted upon the premises upon which such sign is located.

Sign, separate use. Any sign, including a standard poster panel sign or fabricated sign, which directs attention to a business, commodity, service, entertainment or other activity, conducted, sold or offered elsewhere than on the premises on which the sign is located.

Site-built dwelling. A residential structure built completely, at its original location, from the foundation to the eaves.

Site development plan. A detailed plan showing proposed buildings, uses or reuses of all land, open space, location of major structures, recreation areas, schools and public facilities and such other planning elements and reasonable design criteria as may be deemed necessary by the planning commission and the aldermanic board.

Solid waste. Unwanted or discarded material, including waste material with insufficient liquid content to be free flowing.

Stadium. A large open or enclosed place used for games and major events and partly or completely surrounded by tiers of seats for spectators.

Story. The portion of the building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between the floor and the ceiling next above.

Street. A public or private vehicular way, open to the general public use and having a pavement or roadbed width of not less than 24 feet, which affords the principal means of access to abutting property. Streets are divided into four classes: major arteries, collector streets, minor streets and expressways.

a.

Major arteries. Those streets which are designated as arterials on the major thoroughfare plan and which are used or intended primarily for fast or heavy traffic.

b.

Collector streets. Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principle entrance streets of a residential development and streets for circulation within such a development.

c.

Minor streets. All other public ways which provide a means of vehicular access to abutting properties.

d.

Expressway. A divided multi-lane major arterial street for through traffic with partial control of access and with grade separations at major intersections.

Structure. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. Among other things, structures include buildings, industrialized buildings, manufactured homes, billboards, swimming pools, advertising signs, satellite dishes, and fall-out shelters but does not include walls or fences.

Strip-commercial development. Commercial or retail uses, usually one-story high and one-story deep, that front on a major street.

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

Swimming pool. A water filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above surface pool having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.

Tattoo parlor. An establishment providing the service of body painting indelible marks, text, or figures that are fixed upon the skin through insertion of pigment or production of scars.

Townhouse. A dwelling unit located in a row of three or more attached dwelling units with no other dwelling unit located above or below another, and with each dwelling unit having at least one interior party wall and a private exterior entrance.

Trailer, utility. A vehicle with or without its own motive power, which is mounted on wheels or is designed to be so mounted and transported.

Use, principal. The principal purpose of which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used.

Use, temporary. A temporary use of building established in connection with a construction project or real estate development, excluding facilities for sleeping or cooking.

Variance. An authorization by the city council granting relief and doing substantial justice in the use of property, where literal enforcement of this ordinance will result in an unnecessary hardship upon the use of such property.

Variance, hardship. A departure from the provisions of a zoning ordinance relating but not limited to setbacks, side yards, frontage requirements, and lot size that, if applied to a specific lot, will significantly interfere with the permitted use of the property.

Vehicle. Any automobile, truck, bus, trailer, camper, motorcycle or motor home used to transport people or goods.

Vehicle repair. Repair of any vehicle less than 10,000 pounds gross weight not including major vehicle repair. Vehicle paint and body work, frame straightening and similar vehicular repair.

Warehouse. A building used primarily for the storage of goods and materials.

Water supply system. The system for the collection, treatment, storage, and distribution of potable water from the source of supply to the consumer.

Yard. An open space at grade between a building and the adjoining lot lines or road right-of-way, unoccupied and unobstructed by any portion of a structure from the ground upward.

Yard, front. A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at its closest point (including walls, balconies, car ports, and awnings) to the front lot line.

Yard, rear. A space extending the full width of the lot between any building and the rear lot line and measured perpendicular to the building at its closest point (including walls, balconies, car ports, and awnings) to the rear lot line.

Yard, side. A space extending from the front yard to the rear yard between the principle building and the side lot line and measured perpendicular from the side lot line to the closest point of the principle building (including walls, balconies, car ports, and awnings).

Zoning action. For the purpose of this ordinance, a zoning action includes a zoning map amendment, a text amendment, a variance, conditional use permission, site plan approval, or any other permitting process guided by the content of this ordinance.

(Ord. of 6-1-1998(2), §§ I, II; Ord. of 11-19-2001(2), § I; Ord. of 10-6-2003, § I; Ord. of 11-1-2004, § 3; Ord. of 2-19-2007, § I; Ord. of 3-18-2013, § I ; Ord. of 9-15-2014(3) , § I; Ord. of 3-6-2017, § I )