For the purposes of this title, certain words and terms are defined as follows. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included herein but defined in the building code shall be construed as defined therein.
ACCESSORY USE OR BUILDING: A subordinate use or building, customarily incidental to and located upon the same lot occupied by the main use or building.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals or similar uses.
ALLEY: A public thoroughfare less than twenty feet (20') wide.
APARTMENT HOTEL: Any building or group of buildings which contains dwelling units, and also satisfies the definition of a "hotel", as defined in this section.
APARTMENT HOUSE: See definition of Dwelling, Multiple.
APARTMENT MOTEL: Any building or group of buildings which contains dwelling units, and also satisfies the definition of a "motel", as defined in this section.
BASEMENT: A story partly underground. A basement shall be counted as a story for purposes of height measurement if its height is one-half (1/2) or more above grade.
BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used on an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located.
BUILDING: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property.
BUILDING, ACCESSORY: A detached subordinate building incidental to and located upon the same lot occupied by the main building.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of roof.
BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing a principal use upon a lot.
CARPORT: A private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all of the regulations prescribed for a private garage.
CITY COUNCIL: The governing body of elected officials for the city.
CORRAL: A space, other than a building, less than one acre in area, or less than one hundred feet (100') in width, used for the confinement of animals.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same general direction as the yard or lot line on which the court opens. The length of a court is its least horizontal dimension measured at right angles to its width.
DAYCARE CENTER: A building in which the principal use gives group care to children who need daytime care away from home. The department of human services is responsible for the licensing of persons and organizations providing daycare for children. Licensed centers will not be permitted to take "drop ins", as defined in this section, on an hourly basis. Children under two (2) years of age shall not be accepted for care.
DROP IN: A child who is not in regular attendance at least one day per week, and/or who does not have a current medical and daycare register form on file.
DWELLING: Any building, or portion thereof, which is designed for use for residential purposes, except hotels, apartment hotels, boarding houses, lodging houses, tourist courts and apartment courts.
DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by more than two (2) families.
DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.
DWELLING UNIT: One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having one but not more than one kitchen.
FAMILY: Any number of individuals related by blood, marriage or adoption within two (2) degrees of consanguinity, or up to and including two (2) unrelated individuals. A "family" is further defined to include one unrelated individual living with the family.
FRONTAGE: All the property fronting one side of the street between intercepting streets, or between a street and right of way, waterway, and of dead end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than four (4) automobiles, owned and used by the occupants of the building to which it is necessary; provided, that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of one and one-half (11/2) times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common.
GARAGE, PUBLIC AND SERVICE STATIONS: A building or portion thereof, other than a private garage designed or used for servicing, repairing, equipping, selling or storing motor driven vehicles.
GRADE: The average level or slope of ground (finished surface) adjacent to the exterior walls of the building.
HOME OCCUPATION: An occupation carried on by the occupant of a dwelling, as a secondary use of the dwelling, in connection with which there is no display other than an unlighted nameplate, not more than two (2) square feet in area, no stock in trade, and no person employed other than members of the family residing in the dwelling.
HOTEL: A building designed for or occupied as the more or less temporary abiding place of sixteen (16) or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite.
HOUSEHOLD PETS: Animals ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a "kennel", as defined in this section.
JUNK YARD OR AUTO WRECKING: The use of any lot, portion of a lot or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material; any place where two (2) or more motor vehicles not in running condition or parts thereof are stored in the open and not being restored to operation or are kept; provided, that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone.
KENNEL: The keeping of three (3) or more dogs, at least four (4) months old.
LOT: A parcel of land occupied or to be occupied by a building or a group of buildings, together with such yards, open spaces, lot width and lot area as are required by this title, having frontage upon a street or upon a right of way as defined on the city street plan or master plan. Not more than one dwelling structure shall occupy any one lot. Except for two-family or group dwellings, where more than one dwelling is placed on a lot, each dwelling structure shall be provided with the minimum lot frontage, lot area, front yard, rear yard and side yards as are required for any one such dwelling structure in the same zone.
NATURAL WATERWAYS: Those areas (varying in width) along streams, creeks, gulleys, springs or washes which are natural drainage channels as determined by the building inspector and in which areas no buildings shall be constructed.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure, or portion thereof, lawfully existing at the time the ordinance became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time the ordinance became effective and which does not conform with the current use regulations of the zone in which it is located.
NURSING HOME: A nursing home is a private home or private institution which is established for or gives care, treatment or nursing service to persons ill, who are crippled, infirm or in any way afflicted, and who are in need of at least some assistance in bathing, dressing, other personal attention and/or some type of supervision. Nursing homes have been classified by the welfare department as licensed nursing homes and nonlicensed nursing homes.
A. Licensed Nursing Homes: The state department of health as authorized by law to establish standards for and to license and inspect all nursing homes when there are two (2) or more patients unrelated to the proprietor. A licensed nursing home is one which meets requirements of the state department of health and has been issued a license to operate as a licensed nursing home.
B. Nonlicensed Nursing Home: One which has not been licensed by the state department of health. Such homes are usually those which care for only one patient.
PARKING LOT: An open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients and customers.
STORY: The space within a building included between the surface of the floor, and the surface of the ceiling next above.
STORY, HALF: A story with at least two (2) of its opposite sides situated under a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it.
STREET: A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare, not less than twenty three feet (23') wide, which has been made public by right of use and which affords the principal means of access to abutting property.
STRUCTURE: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground.
TOURIST COURT (MOTEL): Any building or group of buildings containing sleeping rooms, with or without fixed cooking facilities, designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels or motor lodges.
TRAILER COURT: Any area or tract of land used to accommodate two (2) or more trailers designed to be lived in.
USE: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
USE, ACCESSORY: A subordinate use customarily incidental to and located upon the same lot occupied by a main use.
WIDTH OF LOT: The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard.
YARD: A space on the same lot, other that a court, unoccupied and unobstructed from the ground upward by buildings except as otherwise provided herein.
YARD, FRONT: A space on the same lot with a building, between the front line of the building and the front lot line, and extending across the full width of the lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the building.
YARD, LIVESTOCK FEED AND SALES: A yard kept and maintained by the owner or owners for the commercial feeding of livestock as a business, where livestock may be bought or sold or fattened and prepared for commercial market or sales.
YARD, REAR: A space on the same lot with a building, between the rear line of the building and rear lot line, and extending the full width of the lot. The "depth" of the rear yard is the minimum distance between the rear line of the property and the rear line of the building.
YARD, SIDE: A space on the same lot with a building, between the side line of the building and side lot line and extending from the front yard to the rear yard. The width of the side yard shall be the minimum distance between the side lot line and the side line of building. (Ord., 9-3-1996; amd. Ord. 98-3, 4-29-1998)