Chapter 10.01
GENERAL PROVISIONS
Sections:
10.01.015 Conformity with regulations required.
10.01.035 Conflicts with other regulations.
10.01.005 Title.
This title shall be known and cited as the “Land Use Regulations of the City of Houston, Alaska.” (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly 10.41.005)
10.01.010 Purpose.
A. The purpose of this title is to regulate the use of land and improvements, in accordance with the City of Houston Comprehensive Plan. This title is designed:
1. To provide for orderly development;
2. To promote fire safety and public order;
3. To protect the public health and general welfare; and
4. To stimulate systematic development of transportation, schools, parks, and other public facilities. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly 10.41.010)
10.01.015 Conformity with regulations required.
No building or land within the City of Houston shall hereafter be occupied or used and no building or part thereof shall be erected, moved or altered unless in conformity with applicable provisions specified in this title.
A. Development by agencies of the federal government, the state of Alaska, the Matanuska-Susitna Borough and the City of Houston shall be in conformance with the regulations of this title.
B. When private use is made of any public land or public structures, such private use shall fully conform to this title. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(1), 2011. Formerly 10.41.015) (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(1), 2011; Ord. 12-18 § 4, 2012. Formerly 10.41.015)
10.01.030 Severability.
Should any word, phrase, paragraph, subsection, section, or provision of this title be found by a court of competent jurisdiction to be invalid, such findings shall not affect the validity of this title as a whole or any part thereof other than the part so found to be invalid. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(1), 2011. Formerly 10.41.030)
10.01.035 Conflicts with other regulations.
Whenever the regulations of this title are at variance with the requirements of any other lawfully adopted rule, regulation or ordinance of the City of Houston or the Matanuska-Susitna Borough, then the most restrictive or those imposing the higher standards shall apply. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly 10.41.035)
10.01.040 Definitions.
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Abatement” means the elimination of a problem once identified as such.
“Accessory building” means a detached building, the use of which is appropriate, subordinate, and customarily incidental to the main building or the main use of the land, and which is located on the same lot as the main building or main use of the land. An accessory building shall be considered to be part of the main building when joined to the main building by a common wall not less than four feet long, or when any accessory building and the main building are connected by a breezeway which shall not be less than eight feet in width.
“Accessory use” means a use customarily incidental or subordinate to the principal use of a parcel of land (building) or structure, and located on the same lot or parcel or tract of land as the principal use.
“Adult bookstore” means a commercial establishment where at least 25 percent of its interior floor area or retail merchandise is devoted to the sale, rent, lease, inspection, or viewing of books, films, video cassettes, magazines, or other periodicals whose dominant theme is the actual or simulated specified sexual activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity.
“Adult business” means any adult bookstore, adult cabaret, adult mini-theater, or adult motion picture theater.
“Adult cabaret” means a restaurant, coffee house, or cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers who provide live adult entertainment for commercial purposes.
“Adult entertainment” means any motion picture, live performance, display, or dance of any type whose dominant theme is actual or simulated specified sexual activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity, offered for commercial purposes.
“Adult mini-theater” means an enclosed building with a capacity of less than 50 persons used for the purpose of displaying adult entertainment through films, video, or other motion pictures for commercial purposes.
“Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons used for the purpose of displaying adult entertainment through films, video, or other motion pictures for commercial purposes.
“Agriculture” means 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, exotic animals or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
“Alteration” means any change, addition, or modification in the construction, location, occupancy or use classification of any building or land use.
“Apartment” means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied as an independent housekeeping unit with its own cooking facilities and which is contained within a multifamily dwelling.
“Appeal” means the process whereby decisions of a lower administrative or judicial body may be taken in a timely fashion to a body of higher jurisdiction.
“Basement” means that portion of a story partially underground and having at least 50 percent of its height below the existing grade.
“Boarding house” means a dwelling in which not more than six roomers and/or boarders are housed, or fed, and where lodging with or without meals is provided for compensation other than on a day-to-day basis.
“Buffer” means a method of protection against negative impacts, which provides a physical separation or barrier.
“Building” means any structure built for the support or enclosure of persons, animals, chattels or property of any kind.
“Building area” means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls.
“Building height” means the vertical distance measured from the average elevation of the existing grade of the area to be covered by the building to the highest point of the roof, for houses without basements. Houses with basements shall be measured from the basement floor to the highest point of the roof.
“Building line” means the line of that face or a corner or a part of the building nearest the property line.
“Business” means an activity involving wholesale or retail sales, or the rental of any articles, substance, or commodity, including, but not limited to, building materials, vehicles, and the provision of all commercial services, including financial institutions and personal services.
“Campground” means a tract of land, managed as a unit, providing temporary (no longer than 30 days) overnight accommodations for tents and recreational vehicles.
“Church” means an establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanctuary or principal place of worship, and including Sunday school rooms for religious education, assembly rooms, a common kitchen, a library or reading room, and a recreational hall. A single-family dwelling (parsonage) is included in this definition, with its use for the pastor or caretaker. Additional on-site quarters for clergy or nuns, facilities for training of religious orders, or for K-12 daily educational purposes are excluded from this definition.
“Circulation” means systems, buildings, and physical improvements for the movement of people, goods, water, air, sewage, or power by such means as streets, highways, railways, waterways, and airways.
“City administration” means an official of the City of Houston appointed by the City Administrator to administer and enforce this title.
“Collector street” means a street designed and intended to carry traffic from residential street systems to arterial street systems or state highways.
“Commercial” means a land use, business enterprise, or vehicle maintained for the purpose of buying and/or selling goods and/or services.
“Commission” means the City of Houston Planning Commission.
“Community civic use” means any use by a public agency or a nonprofit organization for purposes of education, community meetings, performing arts, library, or comparable civic activity.
The “Comprehensive Plan” is a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the first or second class borough, and may include, but is not limited to, the following:
1. Statements of policies, goals, and standards;
2. A land use plan;
3. A community facilities plan;
4. A transportation plan;
5. Recommendations for implementation of the Comprehensive Plan.
“Conditional use” means a use of a structure or land which may be allowed by the City Council after a public hearing and review, and subject to certain prescribed or imposed conditions.
“Construction” or “commencement of construction or placement” means the first placement of permanent construction of a building on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a building upon a foundation.
“Corner lot” means a lot situated at the junction of, and bordering on, two intersecting streets.
“Correctional community residential center” (CCRC) means a community residential center, other than a correctional institution, for the short-term or temporary detention of prisoners in transition from a correctional institution, performing restitution, or undergoing rehabilitation or recovery from a legal infirmity.
“Day care facility” – sometimes referred to as “nursery” – means a home or institution used and maintained to provide care, supervision, education, and/or guidance for more than six, but less than 12, children or adults, unrelated to the care provider, for less than 24 hours per day.
“Depth of lot” means the average distance between front and rear lot lines.
“Developer” means the legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such lands.
“Development” means the construction, reconstruction, conversion, structural alteration, relocation, placement or enlargement of any building.
“Director” means the Director of Public Works.
“Duplex” means a structure containing two dwelling units, each of which has direct access to the outside.
“Dwelling unit” means one or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one family for sleeping and living purposes.
“Elementary,” “junior high,” or “high school” means public or private institutions of learning offering instruction from kindergarten through grade 12, as described by the Education Code of the State of Alaska. Care or education of children under kindergarten age is defined under this section.
“Existing building” means a building erected before the effective date of the ordinance codified in this title, or one for which a legal zoning permit has been issued.
“Family” means any number of individuals related by blood or marriage, or an unrelated group of not more than five persons living together in a single dwelling unit.
“Fence” means a barrier which is constructed of one or more of the following materials or combination thereof: wood, metal, plastics, or other masonry materials for the purpose of enclosing space or separating parcels of land.
“Fireworks stand” means any structure used for the sole purpose of fireworks sales.
“Front lot line” means the lot line adjacent to a public street.
“Front yard” means a yard extending the full width of a lot across the front of a lot adjoining a public street and measured horizontally at right angles from the front lot line or future street right-of-way line.
“Garage” means a building or portion thereof in which motor vehicles containing gasoline distillate or other volatile flammable liquids are stored.
“Gasoline service station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oil, lubricants, and auto accessories, and which may or may not include washing, lubricating and other minor servicing, but not painting, body work, or major engine overhaul facilities or activities.
“Gravel pit” means an area of land greater than 20,000 square feet from which truckloads of sand, pebbly rock, riprap, and/or other indigenous materials are extracted and hauled off site for commercial and/or development purposes.
“Home occupation” means a business, profession, occupation or trade located upon a residentially developed lot, the main business area being located within the residence, or within an accessory structure which use is clearly accessory, incidental and secondary to the use of the building for dwelling purposes, which does not change the essential residential character or appearance of such building or neighborhood, and which does not involve more than two paid employees other than the permanent residents of the dwelling.
“Hosting platform” means any electronic or other operating system, functioning in the nature of a marketplace by which an operator markets, advertises, offers, solicits customers for, or makes available for commercial use a residential dwelling unit as a short-term rental.
“Hotel” means any building or group of buildings in which there are six or more guest rooms designed or intended to be used for the purpose of offering to the general public lodging with or without food on a day-to-day basis.
“Housing for the elderly” means multifamily housing especially designed for occupancy by persons 55 years old or older and requires 25 percent of the units within the facility to be handicapped accessible with accommodations for wheelchairs. The facility may include as accessory uses: central recreation or dining areas and/or health services.
“Industrial hemp” has the same meaning as contained in AS 03.05.100(5).
“Industrial use, heavy” means the use of land, buildings or structures for the manufacturing, processing, fabricating, or assembly of raw materials or goods, warehousing, or bulk storage of goods and related accessory uses.
“Institutional use” means a nonprofit, religious, public use, or government-owned or operated building, structure or land use used for public purpose, i.e., church, public or private school, hospital or library.
“Interior lot” means any lot other than a corner lot.
“Junk” means any worn out, wrecked, scrapped, partially or fully dismantled, discarded tangible material, combination of materials or items, including motor vehicles and machinery missing major component parts, metal, rags, rubber, paper, plastics and building materials. For the purpose of this title, buildings, walls, fences, yard furnishings, towers, and other structures which have been damaged by dismantling, fire, wind, water erosion, subsidence, snow load, vandalism, neglect, collision, or any other cause to such an extent that they cannot be used for their original purpose without significant structural repair or alteration, or are declared to be unsafe in accordance with the code by the Mayor or Mayor’s designee, are declared to be junk. The above-listed materials are not intended to be exclusive; “junk” may include any other materials which are not being altered or reconditioned to be used for their original purposes.
“Junkyard” or “salvage yard” means 1,000 or more square feet of a lot or contiguous parcels under common ownership which are used for the purpose of the outdoor storage, handling, dismantling, wrecking, keeping, and/or sale of used, discarded, wrecked, or abandoned airplanes, appliances, vehicles, boats, buildings, building materials, recyclable materials, machinery, equipment or parts thereof, including, but not limited to, scrap metals, wood, lumber, plastic, fiber, or other tangible materials which cannot, without further alteration or conditioning, be used for their original purpose, and the collection, dismantlement, storage, and/or salvage of four or more unlicensed or inoperative vehicles in areas visible from any right-of-way or lot line; or 3,000 or more square feet of a lot or contiguous parcels under common ownership which are used for the purpose of the outdoor storage, handling, dismantling, wrecking, keeping and/or sale of used, discarded, wrecked or abandoned airplanes, appliances, vehicles, boats, buildings, building materials, recyclable materials, machinery, equipment or parts thereof, including, but not limited to, scrap metals, wood, lumber, plastic, fiber, or other tangible materials which cannot, without further alteration or conditioning, be used for their original purpose, and the collection, dismantlement, storage and/or salvage of 12 or more unlicensed or inoperative vehicles not visible from a right-of-way or lot line.
“Light industrial” means a land use, business activity or structure for the purpose of light manufacturing, processing, warehousing, storage, disposal, distribution, shipping, wholesale, merchandising and other related uses which are not characteristically associated with the production of noise, smoke, glare and other characteristics that could be detected off site.
“Lot” means the least fractional part of subdivided lands having limited fixed boundaries and having an assigned number, or other name through which it may be identified.
“Lot line” means the property lines bounding a lot.
“Major kennel” means an establishment or place other than an animal or veterinary hospital, where more than 18 dogs or cats over six months of age are housed, groomed, bred, boarded, trained and/or sold, for more than a 24-hour period.
“Marijuana” has the same meaning as contained in AS 17.38.900(10).
“Marijuana cultivation facility, limited” has the same meaning as contained in AS 17.38.900(12), 3 AAC 306.400(a)(2) and 3 AAC 306.410.
“Marijuana cultivation facility, standard” has the same meaning as contained in AS 17.38.900(12), and 3 AAC 306.400 through 306.405.
“Marijuana establishment” has the same meaning as contained in AS 17.38.900(13).
“Marijuana product manufacturing facility” has the same meaning as contained in AS 17.38.900(14) and 3 AAC 306.500.
“Marijuana retail store” has the same meaning as “retail marijuana store” contained in AS 17.38.900(18) and 3 AAC 306.300.
“Marijuana social club” means a place where marijuana or marijuana products are received or kept, or to which marijuana or marijuana products are brought for consumption by the public or members of a club, association or corporation. This includes maintaining, operating, or leasing a premises for the purpose of providing a place for consuming marijuana or marijuana products for consideration by the public or members of a club, association or corporation. Consideration includes a membership fee, a cover charge, the sale of food, ice, mixers, or other drinks, or the furnishing of marijuana accessories for use in the consumption of marijuana or any marijuana product.
“Marijuana testing facility” has the same meaning as contained in AS 17.38.900(16) and 3 AAC 306.600.
“Medium security incarceration facility” means any prison, detention center, jail, pre-trial facility, or similar type of facility for either temporary, short-, medium- or long-term incarceration of humans and for which the lowest level of security provided conforms with the State of Alaska Department of Corrections medium security standards.
“Minor kennel” means an establishment or place other than an animal or veterinary hospital, where more than five but less than 18 dogs or cats over six months of age are housed, groomed, bred, boarded, trained and/or sold, for more than a 24-hour period.
“Mixed use development” means the development of a neighborhood commercial, retail, public, recreation, in a compact urban form.
“Mobile home” means a detached single-family dwelling designed for long-term human habitation and having complete living facilities, originally designed to be capable of being transported to a location of use on its own chassis and wheels, identified by a model number and serial number by its manufacturer, and designed primarily for placement on an impermanent foundation. “Travel trailers,” as defined in this title, are not to be construed as mobile homes.
“Mobile home park” means any area, lot, or portion of a lot where space for two or more mobile homes or travel trailers is leased, rented or held out for rent for occupancy, but not camper parks in which travel trailers are permitted for temporary occupancy of less than 30 days.
“Modular home” means a home which is constructed of premade parts and unit modules, and is transported from the factory to the building site where it is anchored permanently onto the foundation.
“Motel” means a group of one or more attached or detached buildings containing two or more dwelling units and/or guest rooms designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located for each unit, and offered to the general public as lodging, with or without food, on a day-to-day basis.
“Multifamily dwelling unit” means a residential building designed for or occupied by three or more families living independent of each other with the number of families in residence not exceeding the number of dwelling units provided on each lot.
“Native vegetation” means trees, shrubs, and groundcovers that grow naturally within 100 miles of Houston.
“Natural resource extraction” means commercial or industrial operations involving the removal of timber, native vegetation, peat, coal, natural gas, oil, topsoil, fill, sand, gravel, rock or any operations having similar characteristics.
“Neighborhood” means an area of a community with characteristics that distinguish it from other areas and that may include distinct social or economic characteristics, housing types, schools, or boundaries defined by physical barriers such as major highways, and railroads, or natural features such as water bodies or topography.
“Nonconformity” means any lot, structure, use of land, use of structure, or characteristic of use which was lawful at the time of first construction or use, but which does not conform to the terms of the ordinance codified in this title, or future amendment.
“Open market” means a place where individual vendors operate from stalls, booths, trailers, or other similar defined areas, offering items for sale such as but not limited to goods, food items, clothing, arts and crafts, second hand items, etc.
“Operator” or “manager” means any natural person responsible for the actual operation and management of an adult business.
“Ornamental vegetation” means trees, shrubs, and groundcovers that are not found naturally occurring within 100 miles of Houston.
“Overburden disposal site” means a dumpsite where only natural, organic materials such as tree stumps, brush and/or topsoil, which are refuse from land development efforts, can be dumped or disposed. Hazardous waste materials are not intended to be allowed in overburden disposal sites.
“Owner” means the person or entity that has the right to possess, use, and convey title to the property for which the short-term rental permit is sought and is responsible for compliance with these provisions, regardless of whether an agent or property manager is used to manage the short-term rental.
“Ownership interest” in any unincorporated business means any interest in real or personal property used in connection with the business, coupled with any degree of exercise of management, supervision, direction, or control of the business. In any incorporated business, the term “ownership interest” means ownership of any stock of the corporation.
“Parcel” and “lot” are interchangeable and defined under “Lot” in this section.
“Park” means an area consisting largely of open space, which may include a recreational area, playground, playfields or similar use, but does not include a campground, mobile home park, or RV park.
“Parking space” means a space located off any street, alley or any other right-of-way which is adequate for parking an automobile, with room for opening doors on both sides, adequate maneuvering room, and access to a public street or alley.
“Parsonage” means the permanent place of residence of the pastor of a church or religious organization who provides housing as an allowance.
“Permit” means written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
A “permitted use,” sometimes called “use-by-right,” means a use of land or structure which is allowed unconditionally within a certain zoning district according to the regulations in this code.
“Playground” means an area of landscaped open space equipped with children’s equipment such as slides and swings.
“Primary dwelling residence” means an owner’s permanent residence or usual place of return for housing as documented by at least two forms of identification (e.g., state of Alaska driver’s license, utility bills, Matanuska-Susitna property tax bill). A person may have only one.
“Principal building” means the building which contains the principal use of the lot.
“Principal use” means the single primary use to which a parcel of land or a building is being devoted, as distinguished from an accessory use.
“Private garage” means an accessory building, or any portion of a main building, used in connection with residential purposes for the storage of passenger motor vehicles.
“Profession” means an occupation or calling requiring the practice of a learned art of specialized knowledge based upon a degree issued by an institute of higher learning; for example, doctor of medicine, engineer, lawyer, planners, registered land surveyors, and the like.
“Property line” means a demarcation limit of a lot dividing it from other lots or parcels of land.
“Public housing” means housing that is constructed, bought, owned, or rented and operated by a local government or not-for-profit type housing authority and limited to households meeting designated income limits.
“Public parking” means a structure or an open area other than the street, alley, or other right-of-way used for the temporary parking of automobiles, and available for public use free, for compensation, or as an accommodation for clients or customers.
“Rear lot line” means the lot line opposite and most distant from the front lot line, and in the case of an irregular or triangular shaped lot, a lot line not less than 10 feet in length parallel to, and at a maximum distance from, the front lot line.
“Rear yard” means a yard extending the full width of a lot across the rear of the lot and measured horizontally at right angles to the rear lot line, future alley right-of-way line or access easement.
“Recreational or educational camp” means an organized, often seasonal retreat with or without overnight accommodation, which is operated as a profit or nonprofit business with planned recreational or educational activities, and to which people come for scheduled visits.
“Recreational vehicle (RV)” means a vehicle which provides sleeping and other facilities for short periods of time, while traveling or vacationing, designed to be towed behind a motor vehicle, or self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes, or other similar vehicles.
“Recreational vehicle park” means a tract of land upon which two or more recreational vehicle spaces are located, established, or maintained for temporary (no longer than 30 days) overnight accommodations for recreational vehicles.
“Registered hemp grower” has the same meaning and restrictions contained in 11 AAC 40.
“Registered hemp processor” has the same meaning and restrictions contained in 11 AAC 40.
“Registered hemp retailer” has the same meaning and restrictions contained in 11 AAC 40.
Residence. See “Dwelling unit” defined in this section.
“Residential use” means the use of land, buildings or structures for human habitation.
“Right-of-way” means a strip of land reserved or dedicated, used or to be used for a street, alley, walkway, trail, airport, or circulation related purpose.
“Salvage” means:
1. Used material which is saved from disposal for future use or recycling (when used as a noun).
2. The act of saving material from waste or disposal for the purpose of reuse or recycling (when used as a verb).
“Setback” means the distance between the lot line and the closest portion of any building on the same lot.
“Short-term rental” means the commercial use, or the making available for commercial use, of an entire residential dwelling unit for transient rental, dwelling, overnight lodging or sleeping purposes, wherein any individual occupant rents or occupies the entire dwelling unit for a period of 30 days or less, with or without financial compensation, for a minimum of one night, but no more than 30 consecutive calendar days in duration. May also be referred to as VRBO, AirBnB, etc., and may be advertised on a hosting platform. A business license issued pursuant to Chapter 5.04 HMC is required. Note: This term does not include hotel, motel, dormitory, public or private club, recreational vehicle park, hospital and medical clinic, nursing home, convalescent home, foster home, halfway house, transitional housing facility, any housing operated or used exclusively for religious, charitable or educational purposes, group living facility, or any housing owned by a governmental agency and used to house its employees for governmental purposes.
“Shrubs” means any vegetation that would reach a maximum height of 25 feet when mature.
“Side lot line” means any lot line that is not a front lot line or a rear lot line.
“Side yard” means a yard extending from the front yard to the rear yard and measured horizontally at right angles to the side lot line.
“Sign” means any device, flag, light, figure, picture, letter, work, message, symbol, plaque or poster, or building face, visible outside the lot on which it is located and which is designed to inform or attract the attention of the public through visual communication, excluding murals or architectural designs which do not advertise a business product or service.
“Single-family dwelling unit” means a detached building constructed on a permanent foundation designed for long-term human habitation, exclusively by one family, having complete living facilities, including a kitchen, and constituting one dwelling unit. For the intent and purpose of this title, the following two types of buildings are among those classed as single-family dwellings:
1. “Factory built dwellings” means detached single-family dwellings designed for long-term human habitation and having complete living facilities constructed and fabricated into one or more sections at a factory, designed to be joined together at the location of use on a permanent foundation.
2. “Prefabricated dwellings” means detached single-family dwellings designed for long-term human habitation and having complete living facilities, fabricated at a factory into component parts which are assembled at location of use on a permanent foundation.
“Site area” means the total area within the property line excluding dedicated rights-of-way but including easements and property under water.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a state of sexual stimulation or arousal.
“Specified sexual activities” means simulated or actual:
1. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio, or cunnilingus; and
2. Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
“Story” means that portion of a building between any floor and the next floor above, except that the topmost story shall be that portion of a building between the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement, cellar or unused floor space is more than six feet above grade for more than 50 percent of the total perimeter of the building or is more than 12 feet above grade at any point, such as basement, cellar or unused floor space shall be considered a story.
“Street” means a street, road, highway or other right-of-way for vehicle or pedestrian travel, created by dedication, easement, grant, or operation of law.
“Structural alteration” means any change, other than incidental repair, in the load or stress of the loaded or stressed structural members of the building, designed to prolong the life of a building or structure.
“Structure” means a combination of materials constructed or erected, located on or under the ground, or attached to something fixed to the ground, excluding residential fences, retaining walls, rockeries, and similar improvements of a minor character.
“Telecommunications tower” shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common carrier towers, cellular telephone towers, and the like. This definition does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes, or amateur radio antennas.
“Through lot” means an interior lot fronting on two streets.
“Tower height” means the vertical distance measured from the base of the tower to the highest point of the structure. Measurement of tower height shall include antenna, base pad, structure supporting the tower, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
“Tract” means an area which has been delineated on a recorded plat, but has not been designated by lot and block numbers.
“Transient rental” means the occupancy of a residential dwelling unit for compensation on less than a month-to-month basis.
“Trash” means any garbage, damaged, spoiled, discarded, or waste tangible organic or inorganic material including, but not limited to, food containers, paper products, cloth, fabrics, plastics, woods, or metal household items, waste by-products, manure, liquids or other effluents which are not intended for reuse or are no longer suitable for their original use without major repair or reprocessing, including any tangible material that is, by evidence of its location or disposition, discarded or treated as waste.
“Travel trailer” means a motor vehicle or portable vehicular structure capable of being towed on the highways by a motor vehicle designed or intended for casual or short-term human occupancy for travel, recreational or vacation uses, identified by a model number, serial number, or vehicle registration number, equipped with limited water storage and other self-contained living facilities.
“Trees” means any vegetation that would reach a height over 25 feet when mature.
“Trimming” means the pruning or removal of tree limbs up to a height of 15 feet on existing trees or down to a height of four feet on shrubs.
“Two-family dwelling unit,” often referred to as a “duplex,” means a detached building designed for and occupied by two families containing at least two kitchens and constituting two independent dwelling units.
“Unencumbered building space” is the distance on the lot between the furthest extension of any front and rear setback, buffers or easements.
“Used car lot” means an open area, other than a right-of-way or public parking area, used for display, sale, or rental of new or used vehicles, registered and in operable condition, and where no repair work is done.
“Utility facilities” means buildings, structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, radio stations, and public transit.
“Variance” means specific permission from the City Zoning Board to relax the minimal dimensional requirements of this title. Such relaxation shall not apply to use of land, use of structure, or minimum lot size that is prohibited by district in this title.
“Yard” means a required open space on the same lot with the principal use, unoccupied or unobstructed by any structure or portion of a structure; provided, however, that paved terraces, fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility at intersections. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(1), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 4, 2021; Ord. 22-08 § 4, 2022. Formerly Ch. 10.41 Art. II)