For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purposes of these regulations, certain terms or words used herein shall be interpreted as follows. The word PERSON includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural number, and the plural number includes the singular. The word SHALL is mandatory; the word MAY is permissive. The words USED or OCCUPIED include the words INTENDED, DESIGNED or ARRANGED TO BE USED OR OCCUPIED. The word LOT includes the words PLOT or PARCEL.
ACCESSORY BUILDINGS AND USES. A subordinate building, the use of which is incidental to that of the main building or to the main use of the premises. An ACCESSORY USE is one which is incidental to the main use of the premise.
ACREAGE. A parcel of land over one acre in size which is not used primarily for farm purposes.
AGRICULTURE. The use of land for the raising of field crops, horticulture, animal and poultry husbandry and kennels.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.
APARTMENT. A room or suite of rooms in a multiple dwelling or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family including culinary accommodations.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
BASEMENT. A story having more than one-half its height below grade. A BASEMENT is not counted as a story for the purpose of height regulations.
BLOCK. A parcel of land entirely surrounded by public highways, streets, railroads or unplatted land.
BLOCK FRONT. All of the property on one side of a street between two intersecting streets.
BOARDING HOUSE. A building other than a hotel where for compensations and by pre-arrangements for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.
BUILDABLE AREA. A portion of a lot remaining after required yards have been provided.
BUILDING. Any structure, including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property and forming a construction that is safe and stable.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
CHILD CARE CENTER. A facility which is or should be licensed by the State Department of Social Services under the authority of Neb. RS 71-1908 through 71-1918, as provided and defined under 474 N.A.C. Chapter 6, § 002.
CHILD CARE HOME. A private home providing care for children for compensation which is or should be licensed by the State Department of Social Services.
DRIVE-IN RESTAURANTS. Any place or premises used for sale, dispensing or serving food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premise.
DUPLEX. Residential building designed for or occupied by two families.
DWELLING, FARM. Residential dwellings including a mobile home appurtenant to agricultural operations, including living quarters for persons employed on the premises, guest houses not rented or otherwise conducted as a business, and private garages, out buildings and barns.
DWELLING, MOBILE HOME. See MOBILE HOME.
DWELLING, MULTIPLE FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of total dwelling units provided.
DWELLING, SEASONAL. Summer cabins, camps and cottages for seasonal and not permanent or year-round occupancy.
DWELLING, SECTIONAL. A detached single-family residential family unit designed to be transported on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks, or other temporary or permanent foundations, connections to utilities and the like.
DWELLING, SINGLE FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO FAMILY. A detached residential building unit containing two dwelling units, designed for and occupied by no more than two families.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis and physically separate from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
FAMILY. One or more person, related or unrelated, living together as a single housekeeping unit with or without domestic servants, caregivers, foster children and supervisory personnel in a group living arrangement. The term FAMILY shall not include occupancy of a residence by persons living in fraternities, sororities, clubs or transient or permanent commercial residential facilities catering to the general public. Also excluded are nursing and convalescent homes.
FARM. An area which is used for the growing and storing of agricultural crops as well as poultry or dairy farming and the raising and feeding of livestock.
FEED LOT. The confined feeding of livestock or poultry in buildings, lots, pens, pools or ponds, which normally are not used for the raising of crops or for grazing animals. For the purpose of this chapter, the term FEED LOT shall include the confined feeding of 50 or more beef cows, feeder or fat cattle, dairy cattle, swine, 100 or more sheep or 500 or more poultry.
FRONTAGE. All the property on one side of the street between two intersecting streets (crossing or termination) 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.
GARAGE/CARPORT, PRIVATE. An accessory building designed or used for the storage of not more than four motor driven vehicles owned and used by the occupants of the building to which it is accessory.
GARAGE, PUBLIC. A building or portion thereof, other than a private garage or storage garage, designed or used for equipment, repairing, hiring, servicing, selling or storing motor driven vehicles.
GARAGE, STORAGE. A building or portion thereof designed or used exclusively for housing five or more motor driven vehicles.
GASOLINE SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where other automotive services may be rendered and sales made except major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in gasoline stations. A GASOLINE SERVICE STATION is not a repair garage or a body shop.
GROUP HOUSING PROJECT. A dwelling project consisting of three or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where existing or contemplated street or streets or lot layouts make it impractical to apply the requirements of these regulations to the individual building units in the housing projects.
HOME OCCUPATION. A business, occupation or profession carried on within a residential dwelling or an accessory building by the resident thereof, which is incidental and secondary to the residential occupancy and does not change the residential character thereof. The regulations pertaining to HOME OCCUPATIONS are included in § 152.060.
HOTEL. A building used as a temporary abiding place of individuals or groups of individuals who are, for compensation, lodged with or without meals, and with no culinary provisions in individual units.
INSTITUTION. A building occupied by a non-profit corporation or a nonprofit establishment for public use.
JUNKYARD/SALVAGE YARD. Any area where waste, discarded or salvaged, is bought, sold, exchanged, bailed or packed, disassembled or handled, including the dismantling or “wrecking” of automobiles or other vehicles or machinery, house-wrecking and structural steel materials and equipment, but not including areas where the uses are conducted entirely within a completely enclosed building.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to the vehicles when required off-street parking spaces are filled. REQUIRED OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space.
LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide the yards and other open spaces as are herein required. The lot shall have frontage on an improved public street, or on an improved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots of records, of complete lots of record and portions of lots of record, or of portions of lots of record; and
(4) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT OF RECORD. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Clerk; or a parcel of land, the deed to which was recorded in the office of the County Clerk prior to the adoption of this chapter.
LOT WIDTH. The width of a lot measured at the front building line and at right angles to its depth.
MANUFACTURE. Any method of processing, developing, fabricating, assembling, either raw materials, semi-finished materials or parts into a semi-finished product.
MINI-WAREHOUSE. A storage facility designed to serve families and small businesses on a fee basis.
MOBILE HOME. Any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which has been, or reasonably may be equipped with wheels for transporting the structure from place to place. Each MOBILE HOME shall be at least eight feet in width and 40 feet in length.
MOBILE HOME PARK. Any lot or parcel used for one or more mobile homes, trailers, trailer coaches, camp cars, trailer houses or other portable or movable shelters, but not “travel trailers”.
MODULAR HOME. A dwelling structure designed to be transported after fabrication and located as a permanent addition to, and becoming part of, the real property. The structure must meet city building requirements and set on a permanent foundation and connected to public utilities.
MOTEL. A building containing one or more sleeping rooms to be rented on a daily basis, primarily to the motoring public together with a parking area, recreation space, vending machines, but not including restaurants, clubs or retail sales.
NONCONFORMING USE, LOT, BUILDING OR LAND. Any building or land lawfully occupied by a use at the time of passage of this chapter or amendment thereto, which does not conform after the passage of this chapter or amendment thereto with the use regulations of the district in which it is situated.
NON-FARM BUILDINGS. All buildings, except those buildings utilized for agricultural purposes on a farm.
NURSING HOME, CONVALESCENT HOME. A home for the aged or infirmary where residents are provided with food, shelter and care for hire or compensation.
PARKING SPACE, OFF-STREET.
(1) For the purposes of this chapter, an OFF-STREET PARKING SPACE shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. REQUIRED OFF-STREET PARKING AREAS for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking shall be on any paved or unused portion of a public street, walk or alley, and so that any automobile may be parked and unparked without unparking another.
(2) For the purposes of computation, an OFF-STREET PARKING SPACE and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met when only actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the use.
RECREATIONAL VEHICLE. A vehicular unit not exceeding 40 feet in overall length, eight feet in width or 12 feet in overall height, primarily designed as temporary living quarters for recreational camping or travel use having either its own motive power or designed to be mounted on or drawn by an automotive vehicle. RECREATIONAL VEHICLE includes motor homes, truck camper, travel trailer, camping trailer and fifth wheel. This definition shall include a boat mounted on a trailer, together not exceeding 40 feet in body length, eight feet in width or 12 feet in overall height.
RECYCLING CENTER. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. The facility is not a junkyard.
RECYCLING COLLECTION POINT. A collection point for small refuse items, such as bottles and newspapers, located either in a container or small structure.
SANITARY TRANSFER STATION. A collection point for temporary storage of refuse. No processing of refuse would be allowed. The TRANSFER STATION must be in conformance with the requirements of the State Department of Health.
SIGN. Any structure or part thereof or device attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. The word SIGN includes the word BILLBOARD, but does not include the flag, pennant or insignia of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
STREET or ROAD. All property dedicated to or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easement therefor.
STREET LINE. The right-of-way line of a street.
STORY.
(1) The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
(2) The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level, whichever is highest.
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 or may be finished off for use.
STRUCTURAL ABERRATIONS. Any change in the supporting members of a building such as bearing walls, or partitions, columns, beams or girders, or any rebuilding or alteration of the roof or the exterior walls.
STRUCTURE. Anything constructed or erected, excluding fences, the use of which requires permanent location on the ground or is attached to something having a permanent location on the ground.
TOWNHOUSE. A single-family house of two or sometimes three stories that is connected to a similar unit by a common wall. Sometimes called ROWHOUSE.
VARIANCE. Authorized only by height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district of uses in an adjoining zoning district as further set but herein after the powers and duties of the Board of Adjustment.
YARD. An open space on the same lot with the 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 minimum horizontal distant between the lot line and the nearest point of the foundation wall of the structure shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof, other than the projections of the usual steps, unenclosed balcony or open porch. The front yard setback shall apply on all street frontages.
YARD, REAR. A yard extending across the rear of a lot, measured between the side lot lines and the minimum horizontal distances between the rear lot line and the rear of the building or any projection other than the steps, unenclosed balcony or unenclosed porch.
YARD, SIDE. A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.
ZONING ADMINISTRATOR. The person authorized and empowered by the City Council having jurisdiction to administer the requirements of these zoning regulations.
(Prior Code, § 11-301)