Specific Definitions
2.2 SPECIFIC DEFINITIONS
- Abutter
One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.
- Accessory Dwelling Unit (ADU)
A residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.
- Accessory Use of Structure
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use shall not include the storage of flammable, toxic, hazardous or explosive materials. Such accessory use shall not be permitted without the principal use to which it is related.
- Adaptive reuse.
The conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use.
- Adult Entertainment
- A. Any commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. This shall also include any commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
- B. Any bookstore, novelty store, video store, or any commercial establishment in which 25 percent of the in-store inventory contains, for sale or rental only, for any form of consideration, any books, magazines, periodicals, or other printed material, or photographs, films, motions pictures, video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- C. Any store or commercial establishment in which the in-store inventory contains for sale or rental any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
- D. "Specified anatomical areas" means any of the following:
- The human males genitals in a discernibly turgid state, even if completely and opaquely covered; or
- Less than completely and opaquely covered human genitals, pubic regions, buttocks, or a female breast below a point immediately above the areola.
- E. "Specified sexual activities" means any of the following:
- The fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breasts; or
- Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
- F. An adult entertainment business may have other principal purposes that do not involve the activities or materials described above. However, such purposes shall not have the effect of preempting the commercial businesses from being categorized as adult entertainment so long as the depiction or description of specified sexual activities or specified anatomical areas remains one of the principal purposes.
- Aggrieved Party
An aggrieved party, for purposes of this Ordinance shall be (a) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this Ordinance; or (b) Anyone requiring notice pursuant to this Ordinance.
- Alter, Alterations
Any change involving the structural frame of a building or the use of a building or lot.
- Alteration, Exterior
An action that changes one (1) or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.
- Animal Kennel
Facilities for keeping three (3) or more animals three (3) months old or older on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where animals are customarily kept for sale.
- Applicant
An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.
- Application
The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by an approving authority for development review, approval, or permitting purpose.
- Appurtenances
Features other than primary or secondary structures which contribute to the exterior appearance of a property including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and landscape features.
- Auto Body Shop
A building or portion of a building in which major repairs are performed on automobile, truck or motorcycle bodies or chassis, including body repair, painting or priming.
- Automotive Filling Station
Building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied or dispensed at retail, and where in addition, the following services may be rendered and sales made, and no other.
- A. Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
- B. Tire servicing and repair, but not recapping or regrooving;
- C. Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, window wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
- D. Radiator cleaning and flushing;
- E. Greasing and lubrication;
- F. Providing and repairing fuel pumps, oil pumps, and lines;
- G. Minor servicing and repairing of carburetors;
- H. Emergency wiring repairs;
- I. Adjusting and repairing brakes;
- J. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
- K. Provision of road maps and other informational material to customers;
- L. Provision of restroom facilities.
Uses permissible at a filling station do not include major mechanical or any body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, o