HomeMy WebLinkAboutOrdinance 502.04 Rules and Definitions
ORDINANCE 502 – ZONING ORDINANCE
Section 502.04: RULES AND DEFINITIONS
For purposes of this Ordinance words used in the singular number include the plural, and
the plural the singular. The present tense includes the past and future tenses and the future the
present; the word "shall" is mandatory, the word "may" is permissive; all measured distances
shall be to the nearest integral foot; whenever a word or term defined hereinafter appears in the
text of this Ordinance its meaning shall be construed as set forth in such definition thereof.
For the purpose of this Ordinance, certain words and terms are herein defined as follows:
Subd. 1: Accessory Building. A subordinate building or structure on the same lot or
attached to the main building, occupied by or devoted exclusively to an accessory use.
Subd. 2: Accessory Use. A use naturally and normally incidental to, subordinate to, and
auxiliary to the principal permitted use of the premises.
Subd. 3: Adult Entertainment Establishment. A commercial operation or establishment
which provides adult sexual entertainment, specifically including but not necessarily limited to
an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or a
sexual encounter establishment as those terms are specifically defined in Section 502.15, Subd.
2(g) of this Ordinance.
Subd. 4: Alley. A public right-of-way usually twenty feet or less in width which
normally affords a secondary means of vehicular access to abutting property.
Subd. 5: Apartment. A room or suite of rooms located in one or two-family structure or
a multiple dwelling, which shall include a bath and kitchen accommodations intended or
designed for use as an independent residence by a single family or individual.
Subd. 6: Apartment Building. A multiple family dwelling originally designed and
constructed to accommodate three or more apartments, designed with more than one dwelling
unit connecting to a common corridor or entrance way, in contrast to single or two-family
dwellings converted for multiple family use or attached row dwelling (party wall type) as defined
herein.
Subd. 7: Automobile Wrecking or Junkyard. A place maintained for keeping, storing or
piling in commercial quantities, whether temporarily, irregularly, or continually; buying or
selling at retail or wholesale any old, used or second-hand material of any kind, including used
motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles,
rubber, iron or other metals or articles which from its worn condition render it practically useless
for the purpose for which it was made and which is commonly classed as junk. This shall
include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the
purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not
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prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in
residential districts or two unlicensed motor vehicles not including farm implements within a
farm in the agricultural district.
Subd. 8: Basement/Cellar. A story having part but not more than one-half its height
above the average level of the adjoining finished grade.
Subd. 9: Billboard. A poster panel board, painted bulletin board or other communication
device \[A sign\] which is used to advertise products, goods and /or services which are not
exclusively related to the premises on which the sign is located.
Subd. 10: Bed and Breakfast. An owner occupied single family residence that provides
overnight accommodations to a limited number of visitors for a charge, not to exceed a stay of
seven consecutive nights.
Subd. 11: Boarding House or Rooming House. See Lodging House.
Subd. 12: Building. Any structure, either temporary or permanent having a roof, and
used or built for the shelter or enclosure of any person, animal or chattel or property of any kind.
When separated by bearing walls without openings, each portion so separated shall be considered
a separate building.
Subd. 13: Buildable Area. That part of the lot remaining after required yards have been
provided.
Subd. 14: Building Principal. A building or structure in which is conducted the main or
principal use of the lot on which said building or structure is situated.
Subd. 15: Building Height. The vertical distance measured from the average ground
level adjoining the building to the highest point on the roof surface if a flat roof, to the deck line
of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and
gambrel roofs.
Subd. 16: Building Setback Line. The front line of the building or the legally established
line which determines the location of the building with respect to the right-of-way line.
Subd. 17: Carport. A structure having a roof supported by columns but not otherwise
enclosed and which is permanently attached to a dwelling.
Subd. 18: Church. Shall be as defined by the Internal Revenue Service.
Subd. 19: Clear-cutting. The removal of an entire stand of vegetation.
Subd. 20: Conditional Use. A use, which because of special problems, requires
reasonable, special, unusual or extraordinary limitations particular to the use for the protection of
the public welfare and integrity of the St. Joseph Comprehensive Plan.
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Subd. 21: Day Care- Home. A family dwelling in which foster care, supervision and
training for children is provided during part of the day with no overnight accommodations and
where children are delivered and removed daily.
Subd. 22: District. A section of the City of St. Joseph for which the regulations
governing the use of buildings and premises, the height of buildings, the size of yards, the
intensity of use are uniform.
Subd. 23: Duplex, triplex and quad. A dwelling structure on a single lot having two,
three and four units, respectively, being attached by common walls and each unit equipped with
separate sleeping, cooking, eating, living and sanitation facilities.
Subd. 24: Dwelling. A building or portion thereof, designed exclusively for a residential
occupancy, including one family, two family and multiple family dwellings but not including
hotels, motels and boarding house.
Subd. 25: Dwelling, Attached. A dwelling unit which is joined to another unit or
building at one or more sides by a party wall or walls.
Subd. 26: Dwelling, Detached. A dwelling unit which is entirely surrounded by open
space on the same lot.
Subd. 27: Dwelling - Multiple. A building used or intended to be used as a dwelling by
three or more families, where each dwelling unit is divided by wall extending the full height of
the ceiling. Each unit is capable of individual use and maintenance without trespassing upon
adjoining properties, and utilities and service facilities are independently serviceable.
Subd. 28: Dwelling - Single Family. A dwelling occupied by only one family and so
designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities
for one family only.
Subd. 29: Dwelling - Two Family. A dwelling so designed and arranged to provide
cooking and kitchen accommodations and sanitary facilities for occupancy by two families.
Subd. 30: Easement. A temporary or permanent grant by a property owner for the use of
a strip or area of land for purposes including but not limited to the constructing and maintaining
of utilities, sanitary sewer, water mains, electric lines, telephone lines, storm sewer or storm
water drainageway, and gas lines.
Subd. 31: Family.
a) A family is any number of persons living together in a room or rooms comprised
of a single housekeeping unit and related by blood, marriage, adoption, or any
unrelated person who resides therein as though a member of the family. Any
group of three persons not so related but inhabiting a single house shall, for the
purposes of this Ordinance, be considered to constitute one family.
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b) With respect to any property validly licensed as a rental unit pursuant to Section
505.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the
definition of "family" which existed prior to October 15, 1990, shall continue to
apply. This prior definition had defined "family" as up to five unrelated persons.
The application of this prior definition to existing rental units shall be construed
as a non-conforming use as limited by Section 502.08 of the St. Joseph Code of
Ordinances and shall be transferable. A lapse or revocation of the rental license
for any such property shall be considered as a discontinuance of a non-
conforming use and the property will thereinafter be required to conform with the
definition of "family" as set forth in paragraph (a) above.
502.29, Subd. 31 amended 3/2004.
Subd. 32: Farm. An area which is used for the growing of the usual farm products, such
as vegetables, fruit, trees, and grain and their storage.
Subd. 33: Farmers Market. Area used for the sale of produce grown by local and
regional producers.
Subd. 34: Flood. A temporary rise in stream flow or stage that results in inundation of
the area adjacent to the channel.
Subd. 35: Floodplain. The channel or beds proper and areas adjoining a watercourse
which have been or hereafter may be covered by a regional flood. Floodplain areas within the
City shall encompass all areas designated as such on the Federal Emergency Management
Agency’s Special Flood Hazard Boundary Map.
Subd. 36: Floodway. The channel of a watercourse, bed of a wetland or lake, and those
portions of the adjoining floodplains reasonably required to carry and discharge a regional flood.
Subd. 37: Floor Area Ratio. The numerical value obtained through dividing the gross
floor area of a building or buildings by the total area of the lot or parcel of land on which such
building or buildings are located.
Subd. 38: Frontage. All the property on one side of a street between two intersecting
streets (crossing or terminating) measured along the line of the street, or if the street is dead
ended, then all the property abutting on one side between an intersecting street and the dead end
of the street.
Subd. 39: Garage, Private. An accessory building designed or used for the storage of not
more than three power-driven vehicles owned and used by the occupants of the building to which
it is accessory.
Subd. 40: Garage, Public. Any premises, except those described as a private garage,
used for the storage or care of power driven vehicles or where any such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
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Subd. 41: Gasoline Service Station. A building or structure designed or used for the
retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor
vehicles, and including the customary space and facilities for the installation of such
commodities on or in such vehicles, but not including special facilities for the painting, major
repair or similar servicing thereof.
Subd. 42: Grade, Street. The elevation of the established street in front of the building
measured at the center of such front. Where no such street grade has been established, the City
Engineer shall establish such street grade or its equivalent for the purpose of this Ordinance.
Subd. 43: Home Occupation. Any occupation or profession engaged in by the occupant
of a residential dwelling unit, which is clearly incidental and secondary to the residential use of
the premises and does not change the character of said premises, in accordance with regulations
specified within this Ordinance.
Subd. 44: Hotel. A building in which lodging is provided and offered to the public for
compensation, and which is open to transient guests in contradistinction to a boarding house or
lodging house.
Subd. 45: Hydric Soils. Soils that are saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Subd. 46: Hydrophytic Vegetation. Macrophytic plant life growing in water, soil or on
substrata that is at least periodically deficient in oxygen as a result of excessive water content.
Subd. 47: Impervious Surface. An artificial or natural surface through which water, air
or roots cannot penetrate.
Subd. 48: Institution. A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Subd. 49: Intensive vegetation clearing. The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
Subd. 50: Interim Use. A use which requires an interim use permit. Interim Use Permits
are granted by the City Council for a specific period of time in accordance with procedures
specified in this Ordinance.
Subd. 51: Kennel. Any place where three or more dogs over six months of age are
boarded, bred and/or offered for sale, except a veterinary clinic. Dog kennels shall be permitted
only in areas specifically zoned for such use.
Subd. 52: Land Disturbing or Development Activities. Any change of the land surface
including removing vegetative cover, excavating filling, grading and the construction of any
structure.
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Subd. 53: Lodge. A building operated by a fraternal or veterans organization that is
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qualified as tax exempt under the Internal Revenue Code, operated for the use of members and
guests while in the company of a member.
Subd. 54: Lodging House Dormitories, Fraternities and Sorority Houses. A building or
place where lodging is provided (or which is equipped regularly to provide lodging) by
prearrangement for definite periods, for compensation, for three or more individuals, not open to
transient guests, in contradistinction to hotels open to transients. Lodging houses, dormitories,
fraternities, sorority houses, boarding houses and rooming houses shall only be permitted in R-3,
multiple dwelling districts, except within the boundaries of a college campus.
Subd. 55: Lot. A parcel of land occupied or intended for occupancy by a use permitted
in this Ordinance, including one main building together with its accessory buildings, the open
spaces and parking spaces required by this Ordinance, and having its principal frontage upon a
street or upon an officially approved place.
Subd. 56: Lot Area. The square footage contained within a particular parcel of real
property.
Subd. 57: Lot, Buildable. A buildable lot is that square footage required by this zoning
Ordinance for a particular zone.
Subd. 58: Lot, Corner. A lot situated at the intersection of two streets, the interior angle
of such intersection not exceeding 135 degrees.
Subd. 59: Lot, Coverage. The part or percentage of the lot occupied by buildings or
structures, including accessory building structures.
Subd. 60: Lot Depth. The mean horizontal distance between the front and rear lot lines.
Subd. 61: Lot, Double Frontage. A lot having a frontage on two non-intersecting streets,
as distinguished from a corner lot.
Subd. 62: Lot Frontage. The front of a lot shall be for purposes of complying with this
Ordinance, that boundary abutting a public right-of-way having the least width.
Subd. 63: Lot Line. A property line of any lot held in single or separate ownership;
except that where any portion of the lot extends into the abutting street or alley, the lot line shall
be deemed to be the street or alley right-of-way.
Subd. 64: Lot of Record. A lot which was part of a subdivision, the map of which has
been recorded in the office of the Stearns County Recorder or a lot described by metes and
bounds, the deed to which has been recorded in the Office of the Stearns County Recorder prior
to the effective date of this Ordinance.
Subd. 65: Lot Width. The horizontal distance between the side lot lines measured at
right angles to the lot and depth at the established front building line.
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Subd. 66: Manufacturing. Combining machinery, tools, power and labor to bring
material closer to a final state.
Subd. 67: Manufacturing - Heavy. The manufacture, compounding, processing,
packaging, treatment or assembly of products and materials that may emit objectionable,
hazardous and/or offensive influences; including but not limited to: odors, material/byproduct
discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on which the use is
located.
Subd. 68: Manufacturing – Light. Uses which include the manufacture, compounding,
processing, packaging, treatment or assembly of products and materials provided such use will
not generate objectionable and/or offensive influences; including but not limited to: odors,
material/byproduct discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on
which the use is located.
Subd. 69: Manufactured Home. A structure, transportable in one or more sections,
which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or
more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained therein; except that the
terms includes any structure which meets all the requirements with respect to which the
manufacturer voluntarily files a certification required by the City Administrator/Clerk and
complies with the standards established under this Ordinance and which meets the Manufactured
Home Builders Code as defined in Minnesota Statutes 327.32, Subd. 3.
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Subd. 70: Manufactured Home Park. Any site, lot, field or tract of land upon which two
or more occupied manufactured homes are located, either free of charge or for compensation,
and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of
the equipment of the manufactured home park.
Subd. 71: Modular Home. A non-manufactured housing unit that is basically fabricated
at a central factory and transported to a building site where final installations are made
permanently affixing the module to the site.
Subd. 72: Motel. See Hotel.
Subd. 73: Motor Vehicle Wrecking, Junkyard, or Recycling Centers. A place
maintained for keeping, storing or piling in commercial quantities, whether temporarily,
irregularly, or continually; buying or selling at retail or wholesale any old, used or second-hand
material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs,
clothing, paper, rubbish, bottles, rubber, iron or other metals or articles which from its worn
condition render it practically useless for the purpose for which it was made and which is
commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor
vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage
or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a
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garage or other structure in residential districts or two unlicensed motor vehicles not including
farm implements within a farm in the agricultural.
Subd. 74: Non-Conforming Lot. A lot which does not comply with the minimum lot
area or frontage requirements of the district in which it is located.
Subd. 75: Non-Conforming Use of Land. Any use of a lot which does not conform to
the applicable use regulations of the district in which it is located.
Subd. 76: Non-Conforming Use of Structure. A use of a structure which does not
conform to the applicable use regulations of the district in which it is located.
Subd. 77: Office Building. A building designed or used primarily for office purposes, no
part of which is used for manufacturing or for dwelling.
Subd. 78: Ordinary High Water Level. The elevation of the boundary of public waters,
watercourses and wetlands delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominately terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.
Subd. 79: Parking Lot. Three or more parking spaces, along with the driveway
connecting the parking spaces to the street or alley and permitting satisfactory ingress and egress
of an automobile and the driving lane between or servicing the parking spaces.
Subd. 80: Parking Space. A durably surfaced area enclosed in the main building, in an
accessory building or unenclosed, comprising an area of not less than 171 square feet, exclusive
of a durably surfaced drive-way connecting the parking space with a street or alley and
permitting satisfactory ingress and egress of an automobile.
Subd. 81: Patio Home. A single family attached or detached unit and structure
constructed on a relatively small parcel of property consisting of a one level living area.
Subd. 82: Permitted Use. A use which may be lawfully established in a particular
district or districts, provided it conforms with all requirements and performance standards (if
any) of such district.
Subd. 83: Person. Any individual, corporation, firm, partnership, association,
organization or other group acting as a unit. It also includes any executor, administrator, trustee,
receiver or other representative appointed by law. Whenever the word "person" is used in any
section prescribing a penalty or fine, it shall include partners, associates, or members of a
corporation, who are responsible for the violation.
Subd. 84: Planned Unit Development. A large lot or tract of land developed as a unit
rather than as individual development where in two or more buildings may be located in
relationship to each other rather than to lot lines or zoning district boundaries.
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Subd. 85: Principal Use. The main use of land or buildings as distinguished from
subordinate or accessory uses.
Subd. 86: Property Owner. Any person, group of persons, association, corporation, or
any other legal entity having a freehold estate interest, leasehold interest extending for a term, or
having renewal options for a term in excess of one year, a dominant easement interest, or an
option to purchase any of the same, but not including owners of interest held for security
purposes only.
Subd. 87: Public Waters. Any waters as defined in Minnesota Statutes, Section 105.37,
subdivisions 14 and 15.
Subd. 88: Recreational Vehicle. A vehicular or portable structure used for amusement,
vacation or recreational activities, including but not limited to travel trailers, motor homes,
camping trailers, boats, jet skis, ATV’s and snowmobiles.
Subd. 89: Rooming House. See Lodging House.
Subd. 90: Screening. The use of plant materials, fences or earthen berms to partially
conceal the separate land use from the surrounding land use.
Subd. 91: Semi public use. The use of land by a private, nonprofit organization to
provide a public service that is ordinarily open to some person outside the regular constituency
of the organization.
Subd. 92: Setback Line. The mean horizontal distance between the front street,
right-of-way line and the front line of the building or the allowable building line as defined by
the front yard regulations of this Ordinance.
Subd. 93: Shore impact zone. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure setback.
Subd. 94: Shoreland. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a
river or stream, or the landward extent of a floodplain designated by ordinance on a river or
stream whichever is greater. The shoreland limits may be reduced whenever the waters involved
are bounded by topographic divides which extend landward from the waters for lesser distances
and when approved by the Commissioner.
Subd. 95: Sign. A name, identification, description, display, illustration or device which
is affixed to or represented directly or indirectly upon a building, structure or land in view of the
general public and which directs attention to a product, place, activity, person, institution or
business.
Subd. 96: Special Use. A use, which because of unique characteristics, cannot be
classified as a permitted use in a particular district. Special use permits may be granted in
accordance with Section 502.07.03.
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Subd. 97: Stable. A building accommodating one or more horses.
Subd. 98: Story. That portion of a building other than a basement/cellar, including
between the surface of any floor and the surface of the floor next above it or if there be no floor
above it, then the space between the floor and a ceiling next above it.
Subd. 99: Story - Half. A space under a sloping roof which has the line of intersection of
roof decking and wall face not more than three feet above the top floor level and in which space
not more than 60% of the floor area is finished off for use. A half-story may be used for
occupancy only in conjunction with and by occupancy of the floor immediately below.
Subd. 100: Street. All property dedicated or intended for public street, highway, freeway
or road-way purposes and subject to public easements therefore.
Subd. 101: Street – Frontage. The proximity of a parcel of land to one or more streets.
An interior lot has one street frontage and a corner lot has two street frontages. For purposes of
addressing a building, the front shall be the street side in which the structure’s front door faces.
For setback regulations, both streets shall be considered frontages.
Subd. 102: Structure. Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a permanent location on the
ground, including but without limiting the generality of the foregoing advertising signs,
billboards, backstops for tennis courts and pergolas.
Subd. 103: Structural Alterations. Any change in the supporting members of a building
such as bearing walls or partitions, columns, beams or girders or any substantial change in the
roof or exterior walls.
Subd. 104: Townhouse and Condominium. Single family attached units and structures
housing three or more dwelling units contiguous to each other only by the share of one common
wall between each unit.
Subd. 105: Use. The purpose for which land or buildings thereon are designed, arranged
or intended to be occupied or used, or for which they are occupied or maintained.
Subd. 106: Use – Accessory. The use incidental or accessory to the principal use of the
lot or a building located on the same lot with a building but detached therefrom.
Subd. 107: Use – Incompatible. A use which is incapable of direct association with
other uses because it is contradictory, incongruent or discordant.
Subd. 108: Use – Special. A use either public or private, which, because of the unique
characteristics, cannot be properly classified as a permitted use in a particular district. After due
consideration each case, of the impact of such use upon a neighboring land, and of the public
need for the particular use at the particular location, such “ special use” may or may not be
granted.
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Subd. 109: Vacation. The act of relinquishing a recorded dedication or easement as in a
street right-of-way, utility easement, etc.
Subd. 110: Variance. The waiving of specific literal provisions of the zoning ordinance
in instances where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration. A change in the allowable use within a
district shall not be considered a variance.
Subd. 111: Waterbody. A body of water (lake, pond) in a depression of land or
expanded part of a river or an enclosed basin that holds water and is surrounded by land.
Subd. 112: Watercourse. A channel or depression through which water flows, such as
rivers, streams or creeks and may flow year around or intermittently.
Subd. 113: Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
Subd. 114: Wetlands. The City adopts the definition of a Wetlands as contained in
Minn. Stat. 103G.005, Subd. 19. Designations of the Stearns County Environmental Services
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office of wetlands shall be presumed as accurate when determining the location of wetlands.
Subd. 115: Yard. An open space on the same lot with a building, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of
a front yard or the depth of a rear yard, the mean and horizontal distance between the lot line and
the main building shall be used.
Subd. 116: Yard, Front. A yard extending across the front of the lot between the side lot
lines and lying between the front line of a lot and the nearest line of the building.
Subd. 117: Yard, Rear. A yard extending across the full width of a lot and lying between
the rear line of a lot and the nearest line of the building.
Subd. 118: Yard, Side. A yard between the side line of the lot and the nearest line of the
building and extending from the front line of a lot to the rear yard.
Subd. 119: Zoning District. An area or areas within the limits of the City for which the
regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
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