Legal Documents of Sweetwater

For the purpose of this zoning code and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular; the word "person" includes a firm, partnership, or corporation as well as an individual; the term "shall" is always mandatory and not directory; and the word "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

The following words, terms, and phrases are hereby defined as follows and shall be interpreted as such throughout the zoning code. Terms not herein defined shall have the meaning customarily assigned to them.

1. "Accessory apartment." A smaller dwelling unit that has been added onto, or created within, a single-family dwelling.
2. "Accessory building." A subordinate building, the use of which is incidental to that of a main building and located on the same lot therewith.
3. "Accessory use." A use customarily incidental, appropriate, and subordinate to the principal use of land or buildings and located upon the same lot therewith.
4. "Agriculture use." This includes all forms of agriculture, including the growing of crops in the open, dairying, grazing, the raising and maintaining of poultry and other livestock, horticulture, forests, and woods, however, feed lots and other similar large-scale operations are prohibited and all health ordinances of Sweetwater shall be complied with.
5. "Alley." A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
6. "Area, building." The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps.
7. "Assisted living facility." Residences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may also provide other services such as recreational activities and transportation.
8. "Automobile wrecking." The dismantling, storage, sale or place which is exposed to the weather and upon which more than five (5) motor vehicles of any kind incapable of being operated, and are placed, located, or found.
9. "Bed and breakfast establishment." A private home, inn, or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and have four (4), but no more than twelve (12), guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property. Guest rooms shall be established and maintained distinct and separate from the innkeeper's quarters.
10. "Bed and breakfast homestay." A private home, inn, or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and having less than four (4) guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property. Guest rooms shall be established and maintained distinct and separate from the innkeeper's quarters.
11. "Boutique hotel." A small hotel which strives to be one-of-a-kind and typically has between ten (10) and one hundred (100) rooms in unique settings with upscale accommodations and individualized unique selling points. A "boutique hotel" often conveys a strong sense of place and pride in its location's heritage.
12. "Building." Any structure intended for shelter, housing, or enclosure of persons, animals, or chattels, including tents, lunch wagons, dining cars, mobile homes, and similar structures whether stationary or mobile.
13. "Building area of a lot." That portion of a lot bounded by the required rear yard, side yards, and the front building set back lines.
14. "Building, principal." A building in which is conducted the principal or main use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building of the lot on which it is situated.
15. "Building setback line." A line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.
16. "Building setback line, front." A line delineating the minimum allowable distance between the street right-of-way, or if an official future street right-of-way line, and the building on a lot. The front building setback line extends the full width of the lot and is parallel to or concentric with the street right-of-way.
17. "Building setback line, rear." A line delineating the minimum allowable distance between the rear property line and a building on a lot (other than for permitted accessory structures). The rear setback line extends the full width of the lot.
18. "Building setback line, side." A line delineating the minimum distance between the side property line and a building on a lot. The side setback line extends from the front building setback line to the rear building setback line.
19. "Business services." Establishments primarily engaged in rendering services primarily to other commercial enterprises and business establishments, or which services and/or repairs appliances and machines used in a home or business.
20. "Cultural facilities." Establishments relating to cultural, historic, educational, or natural interests, such as theaters, museums, art galleries, libraries, and other such similar facilities.
21. "Dwelling." A building or portion thereof used for residential purposes.
22. "Dwelling, multiple." A building designed for occupancy by three (3) or more families living independently of each other.
23. "Dwelling, single-family." A freestanding building designed for occupancy by one (1) family.
24. "Dwelling, two-family." A building containing two (2) single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
25. "Dwelling unit." One (1) or more rooms and a single kitchen designed as a unit for occupancy by only one (1) family for cooking, living, and sleeping purposes.
26. "Engineered fall zone." The area a telecommunication tower may be expected to fall in the event of a structural failure, as measured by engineering standards.
27. "Excessive noise levels." Continuous or episodic noise levels beyond a normal or acceptable limit. Excessive continuous noise levels can be heard indoors on neighboring properties or creates an annoyance outdoors on neighboring properties. Excessive episodic noise levels would startle the average person when awake or waken the average sleeping person.
28. "Flood." An overflow of lands not normally covered by water that results in significant effects in the vicinity. For the purpose of chapters 2 through 6 of this title, land subject to flood shall be considered to be land which is at an elevation lower than the elevation of the regional flood.
29. "Floodway." The channel of the stream and that portion of the adjoining floodplain designed by the mayor and board of commissioners to reasonably provide for the passage of flood flows.
30. "Floodway fringe areas." Areas lying outside the floodway district but within the area which would be flooded by the regional flood.
31. "General offices." A room or a group of rooms used for conducting the affairs of a business, dental, government, veterinary, medical or professional office and generally furnished with desks, tables, files, and communication equipment.
32. "Group home." A nonprofit or for-profit boarding home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, also provides some combination of personal care, social or counseling services, limited medical services, and transportation.
33. "Height of building." The vertical distance from the established average sidewalk grade, street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.
34. "Junkyard or salvage yard." A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.
35. "Loading space." A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of a truck or other vehicle.
36. "Lot." A piece, parcel, or plot of land in one (1) ownership, which may include one (1) or more lots of record, occupied or to be occupied by one (1) principal building and its accessory building including the open spaces required under chapters 1 through 8 of this title.
37. "Lot lines." The boundary dividing a given lot from the streets, an alley, or adjacent lots.
38. "Lot of record." A lot which is part of a subdivision recorded in the office of the county register of deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the county register of deeds.
39. "Medical facilities." Hospitals, specialized treatment facilities, surgical centers, twenty-four (24) hour emergency center, heliports for emergency transport, medical laboratories, and other similar facilities that provide for medical care outside a standard doctor's office.
40. "Mental health related facilities." See "Group home."
41. "Minimum floor elevation." The lowest elevation permissible for the construction, erection, or other placement of any floor including a basement floor.
42. "Mobile home (trailer)." A detached single-family dwelling unit with the following characteristics:
    
    1. Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
    2. Designed to be transported after fabrication on its own wheels, or on a flatbed or other trailers or detachable wheels.
    3. Arriving at the site where it is to be occupied as a complete dwelling including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
43. "Mobile home or trailer park." Any area, tract, site, or plot of land whereupon mobile homes as herein defined are placed, located, or maintained, or intended to be placed, located, or maintained, and shall include all accessory buildings used or intended to be used as part of the equipment thereof.
44. "Nonconforming use." A building, structure, or use of land existing at the time of enactment of the zoning code which does not conform to the regulation of the district in which it is situated.
45. "Noxious matter." Material (in gaseous, liquid, solid, particulate, or any other form) which is capable of causing injury to living organisms, chemical reactions, or detrimental effects upon the social, economic, or psychological well-being of individuals.
46. "Office warehouses." Offices with indoor warehouse space, which are often used for construction trades, such as contractors, plumbers, and electricians, and house care services, such as termite and pest control services.
47. "Opacity (screening)." The degree of openness for which light or views are blocked or obscured by fencing or vegetative landscaping when viewed horizontally from grade level.
48. "Open space." Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space.
49. "Parking lot." An off-street facility including parking spaces along with adequate provisions for drives and aisles for maneuvering and getting access, and for entrance and exit, designed so as to be usable.
50. "Parking space." A temporary storage space for the parking of a motor vehicle within a public or private parking area that is directly accessible to an access aisle and that is not located on a street right-of-way.
51. "Personal services." Establishments primarily engaged in providing services involving the care of a person or of his or her personal goods or apparel. Such services include funeral services, beauty and barber shops, shoe repair, laundry and associated services, salons and health clubs, diaper service, clothing rental, and other similar activities.
52. "Principal use." The specific primary purpose for which land or a building is used.
53. "Public safety facility." A facility operated by and for the use of public safety agencies, such as the fire department and the police department, including the dispatch, storage, and maintenance of police and fire vehicles. "Public safety facilities" include shelter and training facilities for canine units of public safety agencies.
54. "Public works facility." A facility operated by the municipal public works departments to provide municipal services, including dispatch, storage, and maintenance of municipal vehicles.
55. "Recreational Vehicle (RV)." A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
56. "Recreational vehicle park." Any lot or parcel of land upon which two (2) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
57. "Research, development, and/or testing laboratories/facilities." Facilities where research, development, and/or testing is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication and information technology, electronics and instrumentation, and computer hardware and software. Such an establishment often includes pilot plant operations to create prototypes of products, but may not manufacture products for direct sale and distribution from the premises.
58. "Residential treatment facilities." See "Group home."
59. "Retail sales." Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. These establishments are a place of business and are engaged in activity to attract the general public to buy.
60. "Shelter, fallout." A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms, or other emergencies.
61. "Short-term rental unit." A residential dwelling that is rented wholly or partially for a fee for a period of less than thirty (30) continuous days and does not include a hotel, a bed and breakfast establishment, or a bed and breakfast homestay.
62. "Sign, billboard, or other advertising device." Any structure or part thereof or device attached thereto or represented thereon, which shall display or include any letter, words, model, banner, flag, pennant, insignia, or representation used as, or which is in the nature of, an announcement, direction, or advertisement. The word "sign" includes the word "billboard" or any other type of advertising device, but does not include the flag, pennant, or insignia of any nation, state, city, or other political unit.
63. "Solar farm." An energy system operated as a principal use for the generation, transmission, distribution, storage, or processing of solar energy for the purposes of electricity generation, heating, and cooling, and/or water heating.
64. "Storage yard." The storage of materials outdoors as a principal use of land for more than twenty-four (24) hours. May include such items as mulch, landscape materials, lumber, building materials, construction block, and other similar items.
65. "Story." That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; or any portion of a building between the topmost floor and the roof which is used for human occupancy or in which the floor area with eight feet (8') or more of head clearance equals fifty percent (50%) or more of floor area of the next story below. Provided it is not used as a dwelling unit, a top floor in which the floor area with eight feet (8') or more of head clearance equals less than fifty percent (50%) of the floor area of the story next below shall be a "half-story." A basement shall be considered as a story if its ceiling is more than five feet (5') above the level from which the "height of building" is measured or if it is used for residential purposes other than for a janitor or domestic servant, including the families of the same, employed in the building.
66. "Street." A public thoroughfare which affords the principal means of access to abutting property.
67. "Structure." Any combination of materials, including buildings, constructed or erected, the use of which requires location on the ground or attachment to anything having location on the ground and including, among other things, signs and billboards.
68. "Swimming pools." All outdoor swimming pool shall be any pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet (1-1/2).
69. "Travel trailer." See "Recreational vehicle."
70. "Travel trailer park." See "Recreational vehicle park."
71. "Use." The purpose for which land or a building or other structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.
72. "Vehicle operations facility." A facility for the dispatch, storage, and maintenance of emergency medical care vehicles, vehicles for hire, school buses, utility vehicles, and other similar vehicles.
73. "Warehouse and distribution." An enclosed facility for the storage and distribution of manufactured products, supplies, and/or equipment.
74. "Wholesale establishment." A business where goods are sold to either retailers, or to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinate services. (1982 Code, § 11-203, modified, as amended by Ord. #922, May 2015, Ord. #957, Feb. 2018, and Ord. #983, Dec. 2020 Ch7_02-07-22)