§ 122-2. Definitions.

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

Abutting and adjoining mean having property or district lines in common.

Access control plan means a comprehensive drawing showing the roadway access design plan, including existing and future access locations and all roadway access design elements, including traffic signals, acceleration and deceleration lanes, and any off-site road improvements.

Access point means a point at which a curb cut, driveway or interior road intersects with a roadway segment.

Accessory building or structure means a subordinate building or structure on the same lot with or a part of the main building, which is occupied by or devoted to an accessory use.

Accessory use means a use naturally subordinate and subservient to the principal use or structure. A private swimming pool in connection with any residential use and designed for the primary use of the residential occupants shall be considered an accessory use. Accessory use shall also mean those uses defined in the O-1 and OP districts.

Activity center means coordination of land uses in areas with the appropriate infrastructure to support development or redevelopment.

Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing structure has been substantially begun preparatory to new construction, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until the completion of the new construction involved. Excavations, fill, drainage and the like shall be considered a part of construction.

Adult booth means a separate enclosure inside an adult use establishment, accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes but is not limited to, a peep show booth, adult arcade booth or other booth used to view adult material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult material means any one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter, paintings, drawings, or other publications or graphic media or photographs, films, motion pictures, videocassettes, or disks, slides or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to a specified sexual activity or specified anatomical area; or

(2)

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Alleys means minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Apartment house means the same as "multiple dwelling."

Arterial road means a roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. Every U.S. numbered highway is considered an arterial road.

Balloon means an airtight bag filled with air, helium, hydrogen or any other gas lighter than air which is tethered to the ground or any other stationary object for the primary purpose of attracting attention to its site, whether or not the bag displays characters, ornamentation or letters.

Banner means any sign with characters, letters, illustrations or other ornamentation applied to or integrated in any cloth, paper, fabric, plastic or similar material that is not permanently attached to a solid backing wood, metal or masonry.

Blank panel means a sign or portion of a sign having no identifiable copy, letters, numbers, symbols, graphics, pictures or figures, or combination thereof; the blank panel of the sign must be constructed of or consist of the same, similar or like materials as being removed or replaced.

Building means any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This definition shall include tents, awnings, cabanas or vehicles situated on private property and serving in any way the function of a building.

Building department means the city building, zoning and licensing department.

Building, front foot means each foot, or fraction thereof, measured along the main entry of a building. Where buildings form an "L" or "U," all main entry sides are measured.

Building official means the director of building, zoning and licensing for the city.

Caliper is a method of measuring tree trunk diameter accepted by the American Association of Nurserymen. Trunk diameter for trees up to four inches is to be measured six inches above the soil line. All trees over four inches in diameter will be measured 12 inches above the soil line.

Certificate of capacity means the document issued by the city indicating the quantities of the various required public facilities that are available and reserved for the property described in the certificate, including any limits on uses, densities and intensities of the approved development of the property, and containing an expiration date.

Change of occupancy means a discontinuance of an existing use and the substitution therefor of a use of a different kind. Change of occupancy shall include a change of tenants or proprietors.

Collector street means a street with a right-of-way width of normally 80 feet which, in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within a development.

Commercial vehicle means any vehicle designed, intended or used for transportation of people, goods or things for profit. Private passenger vehicles, mobile homes or trailers being used for private nonprofit transport of people, animals, goods or boats are not commercial vehicles.

Completed enclosed building means a building separated on all sides from adjacent open space, or from other buildings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Comprehensive plan means the Ocala Comprehensive Plan, adopted October 22, 1991, and subsequently amended.

Conceptual site plan, shopping center has the meaning assigned to it in subsection 122-908(3).

Corner lot means a lot of which at least two adjacent sides abut for their full length upon a street, provided that two sides intersect at an interior angle of not more than 135 degrees. Where a lot is on a curve, if tangents through the intersection of the lot lines with the street lines make an interior angle of not more than 135 degrees, such lot is a corner lot. In the case of a corner lot with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents described.

Coverage means that percentage of the lot area covered or occupied by buildings or roofed portions of structures.

Cul-de-sac means a minor street intersection with another street at one end and terminating at the other end in a vehicular turnaround.

Day labor means labor or employment that is occasional or irregular at which a person is employed for not longer than the time period required to complete the assignment for which the person is hired. Wage payments are made directly or indirectly by the day labor service establishment or the third party employer for work undertaken by day laborers pursuant to a contract between the day labor service establishment with the third party employer. "Day labor" does not include labor or employment of a professional or clerical nature.

Day laborer means a person who contracts for employment as an employee with a day labor service establishment.

Density means the number of dwelling units per acre.

Department means any law enforcement officer, departments or divisions of the city municipal government, including the respective director, employees, officers and agents thereof.

Developer means a person, or his agent, who undertakes the activities covered by this chapter, particularly the preparation and presentation of a subdivision plat showing the layout of the land and the improvements involved thereon. Inasmuch as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development, the term "developer" includes the term "subdivider," even though the identity of persons involved in successive stages of a project may vary.

Developer's agreement means the agreement entered into between the developer and the city, defining in detail the responsibility of both parties and the conditions for acceptance and recording of the plat.

Developer's agreement (for a plat) means the agreement entered into between the developer and the city, pursuant to subsection 114-37(f), defining in detail the responsibility of both parties and the conditions for acceptance and recording of the plat.

Developer's agreement (for a shopping center or single retail store development) has the meaning assigned to it in section 122-910.

Donation boxes means any receptacle used for the collection of used clothing, shoes, books or small household items donated by the public for redistribution. A donation box shall not include a truck used to collect charitable items or any small box that is attached to a drive-thru window or building used to collect money for charities.

Dripline means the ground area surrounding the trunk of a tree that is described by the vertical plane enclosing the outermost branches of the tree. For asymmetrical specimens, or those with unusually small crown spread, the dripline area shall in no case be less than that area described by a radial dimension of one foot for each one inch of trunk radius.

Drought-tolerant vegetation means vegetation that, once established, will thrive in the local climate without additional irrigation other than normal rainfall.

Dwelling means any building, or part thereof, occupied in whole or in part as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently, with cooking facilities.

Dwelling unit means one room, or rooms connected together, physically separated from other structures or from any other rooms in the same structure, and containing independent cooking and sleeping facilities.

Easement means a right-of-way granted for limited use of private property for a public or quasipublic purpose.

Electronic plans (ePlans) means a web-based product (ProjectDox) that allows drawings and documents for building permits/plans, site plans and subdivision plans to be submitted electronically, replacing the traditional paper-based review method.

Embellishments means extensions of the major graphic area of a sign face for integral copy or design, the area of which extensions does not exceed ten percent of the area of the sign face. Additional panels for supplementary copy are not embellishments.

Engineer means an engineer licensed in the state and qualified to perform duties for a developer under the terms of the subdivision regulations (chapter 114).

Family means one person, or a group of two or more persons living together, occupying the whole or part of a dwelling unit as a single housekeeping unit, who are living together as a stable and long-term unit, being a traditional family or the functional equivalent thereof.

Flag means any cloth, paper, fabric, plastic or similar material, usually rectangular in shape, whether or not the material displays characters, ornamentation or letters, attached to any staff, cord, building or other structure, that hangs loosely or blows in the wind.

Floor area. See Gross floor area .

Floor area ratio is determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Frontage of a building means the side or wall of a building approximately parallel and nearest to a street.

Frontage road. See Service road, general meaning, and Marginal access street .

Gross floor area means the area within the exterior walls of a building.

Gross leasable area means the total floor area designed for tenants' exclusive use, including basements, mezzanines and upper floors. Gross leasable area does not include public or common areas such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, either open or enclosed.

Ground cover means low-growing plants planted in such a manner as to form a continuous cover.

Guesthouse means a dwelling unit on the same plot as, but separate from and in addition to, the main residential building, intended for intermittent or transient occupancy by a gratuitous guest.

Half or partial street means a street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width and improvement than required for a full width of the type involved.

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

Height of sign, for on-site signs, means the distance between the top of a sign and the average grade elevation below it. For off-site signs, height of sign means the distance between the top of the sign, excluding embellishments, and the roadway centerline grade perpendicular to that point of the sign closest to the road right-of-way.

Home occupation has the definition assigned to it in article IX, division 4 of this chapter.

Hot tub means a type of spa.

Individual parcel of record means a parcel, tract or lot whose location and dimensions can be ascertained by reference to a recorded subdivision plat or to a recorded deed or other instrument of conveyance.

Infill development, general meaning means the development of new buildings on scattered vacant sites within a built-up area. Infill development may also refer to redevelopment in built-up areas that have vacant buildings.

Infill development, specific meaning as designated on Future Land Use Map #8 of the comprehensive plan.

In-line buildings and in-line building portion of a shopping center mean the portion of a shopping center consisting of two or more buildings that are physically attached by common walls, or two or more buildings that are contiguous through being structurally connected in any manner.

Intensity means the degree of impact that a use would have on surrounding uses.

Interior lot means a lot other than a corner lot with only one frontage.

Internal trips means motor vehicle or bicycle travel between two or more destinations that is accomplished without entering onto a public road.

ITE Manual means Institute of Transportation Engineers (ITE) Trip Generation Manual, fifth edition (1991).

Land development regulations. The land development regulations consist of the following: chapter 86, pertaining to concurrency management; chapter 90, pertaining to flood prevention and protection; chapter 98, pertaining to mobile homes and mobile home parks; chapter 102, article II, pertaining to potable water wellhead protection; chapter 110, pertaining to signs; chapter 114, pertaining to subdivisions; chapter 118, pertaining to tree protection and preservation and open space requirements; and chapter 122, pertaining to zoning.

Leasable area. See Gross leasable area .

Level of service (LOS), public roads is a qualitative measure of the effect of a number of connected factors, which includes speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operation cost. There are six levels of service, designated A through F. Level of service standards for transportation are contained in Objective 3 of the transportation element of the comprehensive plan and section 86-5.

Livestock means domestic animals such as equine (e.g. horse, mule, donkey etc.), bovine (e.g. cattle, bison, etc.), porcine (e.g. pigs, hogs, etc.), caprine (e.g. goats), ovine (e.g. sheep), lama (e.g. llama, alpaca, etc.) and poultry (e.g. chicken, duck, turkey, geese, quail, pheasant, etc.).

Lot means a parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the files of the clerk of the court for the county. See also the definition of "plot."

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

Lot line or property line means the boundary line of a lot.

(1)

Front lot line means that property line which abuts a public street. On through or corner lots, the front lot line shall be that property line abutting a street, which has been so designated by the owner at the time of an application for a building permit, provided such lot is not thereby made nonconforming. On through or corner lots developed prior to August 27, 2001, which contain structures or buildings, any abutting street may be designated as the front lot line provided such lot is not thereby made nonconforming. On nonconforming, developed through or corner lots, the front lot line will be the line that creates the least nonconformity as determined by the building official.

(2)

Side lot line means any property line that is not a front lot line or a rear lot line.

a.

Interior side lot line means a side lot line separating a lot from another lot or lots.

b.

Street side lot line means a side lot line that abuts a street.

(3)

Rear lot line means that property line which is most distant from and is, or is most nearly, parallel to the front lot line.

a.

Street rear lot line means a rear property line that abuts a street on a through lot.

Lot width means the horizontal distance between the side lines of a lot at the depth of the required front yard, or at the front lot line where no building setback is required.

Major arterial street means a street or highway used primarily for fast and heavy traffic traveling considerable distances, with a width of right-of-way of normally 100 feet or more.

Manufactured building means any factory built structure, building assembly, or system of subassemblies manufactured or constructed under the authority of F.S. §§ 553.35—553.42. All such manufactured buildings must meet the requirements of, and bear the insignia of approval of, the state department identified by F.S. §§ 553.35—553.42.

Manufactured home means a dwelling unit fabricated in a manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards (24 CFR 3280) HUD Code.

Marginal access street means a minor street parallel to and adjacent to arterial streets or highways and which provides access to abutting property and protection from through traffic. A marginal access street may also be called a frontage road.

Minor street means a street used primarily for access to abutting properties and not for through traffic with a right-of-way width of at least 60 feet.

Mobile home park means premises where lots are offered for rent for the parking and accommodation of mobile homes for living and sleeping purposes, including any land, building, structure or facility used by the occupants of mobile homes on such premises.

Mobile home subdivision means a parcel of land meeting the requirements for subdivision under regulations of the city where lots are sold to mobile home owners for the purpose of placing mobile homes on such lots for living and sleeping purposes, including any land, building, structure or facility used for common purposes by the residents of such mobile home subdivision. A mobile home subdivision must meet the standards of chapter 114.

Mobile vendor means any person traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, or street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, farm products or provisions, offering articles to purchasers, or who, without traveling from place to place, sells or attempts to sell such article from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, or from any other nonpermanent structure or stand.

Multiple-frontage property means a lot or parcel that is contiguous to more than one public right-of-way, being either a corner lot or parcel or a through lot or parcel.

Multiuse complex means any development of two or more business or industrial uses that are under common land ownership or that share common property frontage.

Nonconforming lot. Refer to section 122-172.

Nonconforming structures. Refer to section 122-174.

Nonconforming use. Refer to section 122-173.

Occupied includes arranged, designed, built, altered, converted to, rented or leased, or intended to be used or occupied.

Official zoning map. Refer to section 122-242.

Off-site access means the road network beyond the boundary of a shopping center or single retail store development which provides motor vehicle and bicycle access to the shopping center or single retail store development.

On-site circulation means a motor vehicle network which primarily accommodates site-generated traffic within the site boundary and includes parking spaces, internal drive lanes, and recorded or platted cross easements to adjoining developments.

Open space means an area reserved for passive recreation that may include water retention areas which have a 3:1 slope or less and do not exceed 2½ feet in depth. These areas include a combination of grass, shade trees and shrubs.

Outdoor display and sales area means an area set aside outside of a building or structure, used in conjunction with a business located within the building or structure on the same site, for the display or sales of merchandise.

Outdoor display area means a portion of a site used for exhibiting, in an orderly manner, completely assembled or finished products sold by a retail business located on the same site.

Outdoor sales means the display and sale of products to the public on a continuous basis outside of a completely enclosed building.

Outdoor storage means the keeping of any goods, junk, vehicles, materials or merchandise outside of a completely enclosed building for more than 24 hours. This definition does not include outdoor sales or temporary outdoor sales as defined in this section.

Outparcel means a separate tract of land which was included as a part of a shopping center or single retail store development approved by the city. The outparcel is a part of the development, regardless of platting.

Owner/developer, as used in article V, division 29 of this chapter (the shopping center ordinance), means the owner of the real property, or the developer of a shopping center or single retail store development, or both of them.

Parcel. See Individual parcel of record .

Parking means the temporary transient storage of private passenger motor vehicles used for personal transportation. The term shall not include storage of new or used cars for sale, service, rental or any other purpose other than that specified in this definition.

Peak hour. For motor vehicle traffic, the peak hour is determined by first identifying the 15-minute period that has the highest traffic volume during an observation period composed of 24-hour counts taken over seven days. The peak hour consists of four consecutive 15-minute periods, one of which is the 15-minute period with the highest traffic count.

Peak-hour trips applies to the busiest hour of the roads and the busiest hour of motor vehicle traffic generated by a development. The peak hour traffic level shall, without exception, be obtained from 24-hour traffic counts taken over a seven-day period. The peak hour shall be the hour within that seven days with the highest vehicle count.

Pennant. Any long, narrow, usually triangular, flag-like piece of cloth, plastic, paper or other similar material, whether or not the material displays characters, ornamentation or letters, attached to any staff, cord, building or other structure, that hangs loosely for the primary purpose of attracting attention to its site.

Planned unit development. Refer to section 122-822.

Plat means a map, diagram or graphic representation of real property which has been subdivided into lots, plots or parcels and showing such facilities and public improvements as may be required under subpart B of this Code. The verb "to plat" shall mean to make or prepare a plat.

Plot means a clearly defined piece of land sufficient in area and dimensions to meet minimum zoning requirements for width, area, use and coverage, and to provide such yards and other open spaces as are required in this chapter; provided that certain nonconforming lots of record at the time of passage of the ordinance from which this chapter is derived or at the time of amendment of this chapter are exempt from certain provisions under the terms of section 122-249. A plot may consist of all portions or combinations of lots of record and plots described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

Portable storage container means a weather-resistant enclosed receptacle without wheels designed and used for the storage or shipment of goods, wares, materials or merchandise that resides on the property.

Pre-conceptual site plan, shopping center or single retail store development has the meaning assigned to it in section 122-908(1).

Premises means portions or combination of lots or parcels of land considered a unit for a single development or structure.

Principal use means the main use of land or buildings as distinguished from an accessory use. A house is a principal use in a residential neighborhood; a pool is an accessory use.

Property front foot means each foot, or fraction thereof, measured along the public right-of-way where the subject property abuts the right-of-way.

Public facilities include roads, potable water, sanitary sewer, solid waste, drainage, and public parks and recreation facilities for which level of service standards are adopted in the comprehensive plan.

Rear lot line means the lot line opposite and most distant from the front lot line. In the case of a triangular or corner shaped lot wherein the two side lot lines converge in the rear, the rear lot line shall be considered to be a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.

Required yard means the minimum yard required by this chapter. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard.

Rezoning means an amendment to or change in the zoning code (i.e., the official zoning map).

Right-of-way means lands conveyed or dedicated to the public to be used for a street, alley, walkway, drainage facility or other public purpose.

Room means an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways and service porches.

Schedule of district regulations means a series of tables and diagrams incorporated in this chapter, which identifies for each zoning district the major requirements (permitted uses, accessory uses, special exceptions, yard requirements, building height, floor area ratio and building coverage).

Screen pool enclosure. A screen structure with no solid vertical or horizontal panels shall be considered a screen swimming pool enclosure.

Secondary arterial street or section line road means a street or highway used primarily for through traffic with a width of right-of-way of normally 100 feet.

Service road, general meaning means a public street or road auxiliary to and normally located alongside and parallel to an arterial road. Service roads are used to intercept motor vehicle traffic generated by a development or a group of developments and give that traffic a common point of access to an arterial road. The through character of the arterial road is protected by minimizing the driveway impacts from subsequent development along the arterial road.

Setback means the minimum distance between the street line, or base building line, and the front line or side line of the building or any projection thereof, excluding projections specifically permitted under section 122-252.

Shade tree means any tree which shall have a mature crown in the ratio of two feet for every inch of DBH (diameter at breast height). Shade trees will attain a combination height and crown spread sufficient to shade large areas. Acceptable shade trees are as follows:

Common Name	Botanical Name
Live Oak	Quercus virginiana
Laurel Oak	Quercus laurifolia
Shumard Oak	Quercus shumardi
Southern Red Oak	Quercus falcata
Red Maple	Acer rubrum
Silver Maple	Acer saccharinum
Drake Elm	Ulmus parvifolia
Magnolia	Magnolia grandiflora
Sycamore	Plantanus occidentalis
Ash	Fraxinus
Hickory	Carya
Pecan	Carya illinoiensis
River Birch	Betula nigra
Tulip Tree	Liriodendron tulipifera

 

Shopping center means any multiuse, primarily retail, facility developed on four or more acres, provided that the facility will have, at a minimum, an in-line building that will have a minimum gross leasable area of 25,000 square feet.

Shrub means any perennial, low, several-stemmed woody plant that grows to a height of at least two feet.

Side lot line means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot is called an interior or side lot line.

Sidewalk sales means having a commercial sale or display of goods, products, wares, merchandise, services or material related to services, provided and sold by the business immediately adjacent to the sidewalk sale and leaving a minimum of 36 inches in width of unobstructed area for unimpeded pedestrian access through the area.

Sight distance means the maximum extent of unobstructed vision (in a horizontal plane) along a street located at any given point on the street.

Sign means any letters, numbers, symbols, graphics, pictures or figures, or combination thereof, which are erected, constructed, placed, attached or painted on a structure or the ground, which identify, advertise or direct attention to a product, business, institution, place, person or event which can be seen from the public right-of-way. When not modified by the term "structure" or "face," the term "sign" shall include all parts of the sign and its supporting structure.

Sign, abandoned means any conforming or nonconforming sign and/or sign structure, which advertises a business no longer conducted or product no longer sold, or any previously permitted portable or temporary sign for which the permitted time has expired. In making the determination that a sign advertises a business no longer being conducted, the building official shall consider the existence or absence of a current occupational license or utility service deposit or account, use of the premises, and relocation of the business.

Sign, animated means a sign depicting or involving action, motion, light, or color changes through electrical or mechanical means. This type of signage is not only recognized by type but also may be recognized by its display, which may be regulated by city Code, zoning regulations, or other agreements. Animated signs may contain lists of specific products and auxiliary services. Animated signs are not identified as illuminated signs. An animated sign's display shall be limited to four differing levels of regulation which are defined as such:

Level 1 static display only (messages changed with no transition).

Level 2 static display with "fade" or "dissolve" transitions, or similar subtle transitions and frame effects that do not have the appearance of moving text.

Level 3 static display with "fade", "dissolve", "travel", or "scrolling" transitions, or similar transitions and frame effects that have text or animated images that appear to move or change in size, or be revealed sequentially rather than all at once.

Level 4 full animation, flashing and video.

Sign, changeable copy means a sign or portion thereof on which the copy or symbols change either manually, or through mechanical means, changing the placement of letters or symbols on a panel mounted in or on a track system. Changeable copy signs may contain lists of specific products and auxiliary services.

Sign, construction means a sign announcing and identifying the construction project scheduled or underway on the site where the sign is located.

Sign, directional means any sign used to indicate the direction to entrances, exits, parking areas, restrooms or other non-business-related facilities on the site.

Sign, directory means a sign which gives the names of the businesses or individuals located in the building or complex where the sign is located. A directory sign shall be of a unified design and common material, and shall allow for a uniform size sign for each business or unit of space in the development. Directory signs shall be limited to the name and type of business and its location within the building or complex.

Sign, double-faced means a sign with two faces which are no more than three feet apart at their closest point, and which describe an internal angle between face planes extended no more than 60 degrees.

Sign, fascia means a sign located on the fascia of a roof or canopy, including signs that extend from the plane of the structural fascia such that the vertical dimension of the sign is not more than one-third the distance from the ground to the bottom of the fascia, where no lateral supports are used.

Sign, freestanding means any sign with vertical supports placed upon or in the ground and architecturally and aesthetically integrated with the overall development. A freestanding sign shall include a ground or pole sign as defined in this section.

Sign, ground means the total square footage of a sign where the bottom of the sign face either 1) rests upon the ground; 2) extends above the ground with vertical supports a maximum of four feet; or 3) rests upon a base that is embellished to conceal all structural vertical supports. A monument sign is considered a ground sign.

Sign, identification means a sign that indicates the name and business type or service or the name of the development located on the site where the sign is located. Identification signs shall be limited to the name of the business or service, street address, phone number, and graphic of business logo.

Sign, illuminated means a sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

Sign, internally illuminated means a sign that uses artificial light from behind the sign face to increase its visibility.

Sign, membership means a sign identifying affiliation with a travel club, business association, credit card company or professional association.

Sign, nonconforming means any sign or sign structure that does not conform to the requirements of this chapter.

Sign, off-site advertising means any sign which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where such sign is located or to which it is affixed.

Sign, on-site means a sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located.

Sign, parasite means any sign not exempted by chapter 110, for which no permit has been issued, and which is attached to another sign.

Signs, permitted. All signs permitted under chapter 110, except those specifically designated as off-site signs, shall be located on the lot or parcel of the business, service or facility identified or advertised on the permitted sign.

Sign, pole means a sign that is supported by a pole (sometimes more than one).

Sign, projecting means a sign supported by a wall of a building, projecting away from that wall 12 inches or more, designed with a face or faces reading at an angle to that wall.

Sign, real estate means a sign erected by the owner, or his agent, advertising the real property where the sign is located for sale, lease or rent.

Sign, roof means a sign located on the roof of a building and primarily supported by that roof structure, which extends above the top of the parapet or ridge line in the area where the sign is located, except fascia signs as defined in chapter 110.

Sign, temporary means a sign used to advertise or identify transitory events of two weeks' or less duration, unless specifically permitted for a longer period by chapter 110.

Sign, trespassing or caution means a sign intended to warn off trespassers or to point out a hazard on the premises upon which the sign is located.

Sign, wall means a sign painted on or affixed to the structural wall of a building, with a sign face approximately parallel to the wall, perpendicular to the ground, and projecting no more than 12 inches from the wall. The term "wall sign" shall also include window signs and fascia signs.

Sign, window means a permanent sign fixed to, suspended behind or painted on either face of a window or glass door that reads to the exterior of the building.

Sign area means the total surface of a sign, including the background and frame but not structural supporting elements of its frame. Where a sign is of skeleton letters, characters or symbols applied to a frame or to a background which is not a structural part of the sign, the area of the sign shall be the smallest rectangle, triangle or circle which will include the display. Where a sign is built with two faces back to back, the area of the sign shall be the larger of the areas of the two faces computed as specified in this definition.

Sign face means that portion of a sign containing advertising copy, excluding embellishments. The term shall not include non-copy trim, identification plates of the owner of the sign, or any other part of the sign structure.

Sign setback. The setbacks for signs specified in chapter 110 shall be measured horizontally from the vertical plane of the property line to the closest point of the sign.

Sign structure means any structure, which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure.

Signalized intersection means a junction of two public roads where there is an electric traffic signal to control traffic. The electric traffic signal shall have at least three lights per traffic direction, these being green for go, yellow for caution, and red for stop.

Single retail store development means a retail store that has 35,000 or more square feet of gross floor area and is located on five or more acres.

Site plan, as referenced in article IV of this chapter, means the proposed development plan provided to the city to obtain a building permit.

Site plan, minor, as referenced in subsection 122-213(b) of this chapter.

Site plan review committee. The site plan review committee consists of representatives from the building, engineering, electric utilities, fire, planning, public works, water and sewer, zoning and any other concerned departments.

Site work includes those construction activities that are done to the ground surface of a construction site to prepare a site for the construction of a structure, or that are done in conjunction with the construction of a structure. Site work includes but is not limited to changing the grade of the ground surface; excavation; adding earth material fill; compaction; constructing parking lots and driveways; striping or painting directional arrows in parking and driveway areas; constructing sidewalks or walkways; erecting walls or fences; installing utility poles, or running the wires from pole to pole or from a pole to a structure; installing underground utilities, including electric, gas, phone, sewer or water lines; erecting signs; installing trash dumpster pads; and removing trees.

Sketch plan means a drawing of a proposed development with sufficient detail to convey an understanding of the project, but without the exactness required in a scaled site plan prepared by a professional.

Spa means a water-filled structure, accommodating two or more people, containing hot, aerated water, often equipped with a thermostat, usually with a whirlpool or other hydromassage feature, used for recreation or physical therapy, and often placed out of doors.

Special exception has the meaning assigned to it in article II, division 3 of this chapter.

Specified anatomical area means:

(1)

Less than completely or opaquely covered:

a.

Human genitals or pubic region;

b.

Cleavage of the human buttocks; or

c.

That portion of the human female breast below a point immediately above the top of the areola; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not so exposed.

(2)

Human male genitals in a discernible turgid state, even if completely or opaquely covered.

Specified sexual activity means:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

Acts of anilingus, bestiality, buggery, cunnilingus, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy or urolagnia;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) through (3) of this definition.

Street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane or place, or however otherwise designated. Where width is designated, such width is right-of-way width.

Street or alley lot line means a lot line separating the lot from a street or alley.

Structural alteration means any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

Subdivision means any tract of land as it existed when it became a part of the city, when divided into three or more lots, sites or parcels, any one of which contains two acres or less in area, or if a new street or easement for street purposes or the establishment or dedication of a highway, street or alley is involved. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered a subdivision of land.

Subdivision improvements means any of the following, which are listed only for the purpose of illustration and emphasis: streets and pavements, with or without curbs and gutters; sidewalks, alleys and alley pavement; water mains; sanitary sewers, storm sewers or storm drainage; street name signs; street trees; streetlights; etc.

Surveyor means a land surveyor registered in the state, and engaged by the developer to survey and prepare the plat of the land proposed for subdivision.

Swimming pool means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches, designed, used and maintained for swimming and bathing.

Swimming pool, aboveground means a swimming pool with an aboveground height of 30 inches or more.

Swimming pool, in-ground means a permanent swimming pool, some portion of which is lower than the surrounding ground surface.

Temporary outdoor sales means the temporary display and sale of products to the public outside of a completely enclosed building. Temporary outdoor sales are limited to the hours of operation of the business or a maximum of 12 hours in a 24-hour daily period. Temporary outdoor sales may not be located in the required parking, open space, setbacks or buffers.

Tent means any structure or enclosure, the roof of which and/or one-half or more of the sides of which are of silk, cotton, canvas, fabric or a light material.

Third party employer means any person that contracts with a day labor service establishment for the employment of day laborers.

Through lot means a lot that has frontage on two non-intersecting streets. A corner lot with such characteristic may also be a through lot.

Traffic study and comprehensive traffic study have the meaning assigned in section 122-911.

Travel or camping trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation purposes.

Tree means any self-supporting woody plant which has at least one main trunk and is normally grown to an overall height of a minimum of 15 feet.

Use of land includes the use of land, water surface, and land under water to the extent covered by zoning districts, and over which the city has jurisdiction.

Variance has the meaning assigned in article II, division 4 of this chapter.

Vested rights. Refer to section 106-34.

Walk-up service window means an opening in a wall of a commercial structure that allows pedestrian customers to obtain goods and services without entering into the interior of the structure.

Walkway means a right-of-way intended primarily for pedestrians, excluding self-propelled vehicles.

Work includes all construction shown or required on the plat as approved, as well as all required construction as shown on approved plans and specifications for all facilities and features of any kind.

Yard means a space on the same lot with a structure or use; open and unobstructed from the ground to the sky except by encroachments specifically permitted in section 122-252. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective lot lines.

(1)

Front yard means a yard extending across the full width of the lot between the front lot line and the nearest line of the main use or main building on the lot.

(2)

Rear yard means a yard extending across the full width of the lot between the rear lot line and the nearest line of the main building.

a.

Interior rear yard means a rear yard that does not abut a street.

b.

Street rear yard means a rear yard that abuts a street.

(3)

Side yard means a yard extending from the front yard to the rear yard between the side lot line and the nearest line of any buildings or use on the lot. The width of a side yard shall be the shortest distance between the side lot line and the nearest use or building on the lot.

a.

Interior side yard means a side yard that does not abut a street.

b.

Street side yard means a side yard that abuts a street.

Zero lot line. Zero lot line construction permits the location of a detached single-family structure on one side property line to promote maximum use of the lot.

Zoning district means a portion of the city designated in the zoning text and delineated on the official zoning map, in which requirements for the use of land, building and development standards are identified.

(Code 1961, § 22-3; Ord. No. 1589, § 2, 8-2-83; Ord. No. 1616, § 1, 12-13-83; Code 1985, § 7-602; Ord. No. 1768, § 2, 8-6-85; Ord. No. 1880, § 1, 11-4-86; Ord. No. 1969, § 1, 11-3-87; Ord. No. 2075, § 1, 11-7-89; Ord. No. 2216, § 1, 6-4-91; Ord. No. 2226, § 2, 8-6-91; Ord. No. 2239, § 3, 11-5-91; Ord. No. 2275, § 1, 5-5-92; Ord. No. 2401, § 1, 9-7-93; Ord. No. 2436, § 3, 1-4-94; Ord. No. 2513, § 1, 3-21-95; Ord. No. 2547, § 1, 8-15-95; Ord. No. 2608, § 1, 6-11-96; Ord. No. 2649, §§ 1, 2, 9-27-96; Ord. No. 2751, § 3, 8-19-97; Ord. No. 4073, §§ 1—3, 8-21-01; Ord. No. 5043, § 1, 4-9-02; Ord. No. 5406, § 1, 7-12-05; Ord. No. 5419, § 1, 8-3-05; Ord. No. 5745, §§ 3, 4, 11-6-07; Ord. No. 5746, §§ 3, 4, 11-6-07; Ord. No. 2012-20, § 1, 3-7-12; Ord. No. 2012-58, §§ 3, 4, 9-18-12; Ord. No. 2013-10, §§ 1, 2, 1-22-13; Ord. No. 2014-30, § 2, 4-1-14; Ord. No. 2014-45, § 1, 8-19-14; Ord. No. 2015-3, § 6, 11-4-14; Ord. No. 2016-15, § 1, 1-5-16; Ord. No. 2017-58, § 3, 6-20-17; Ord. No. 2018-42, § 15, 9-25-18)

Cross reference

Definitions generally, § 1-2.