The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABUT. To border on, be contiguous with or have common property or district lines, including property separated by a public street or alley.
ACCESSORY APARTMENT. A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provisions within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling.
ACCESSORY BUILDING or STRUCTURE. A detached subordinate building or structure located on the same lot with the principal building or structure, the use of which is incidental and accessory to that of the principal structure. Customary ACCESSORY BUILDINGS AND STRUCTURES include farm buildings, garages, carports, and storage sheds but not portable storage containers.
ACCESSORY DWELLING UNIT. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure, also referred to as "granny flats".
ACCESSORY LIVING QUARTERS. Living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
ACCESSORY USE. A use incidental, related, appropriate and clearly subordinate to the main use of the lot or building.
AGRICULTURE. The planting, cultivating, harvesting and storage of grains, hay or plants, commonly grown in the vicinity. The raising and feeding of livestock and poultry shall be considered as an AGRICULTURAL venture if the area in which the livestock or poultry is kept is 10 acres or more in area and if the raising of livestock and poultry is incidental or supplemental to the raising of crops.
ALLEY. A public or private thoroughfare, which affords only a secondary means of access to property abutting thereon.
ALTERATION. Any change, addition or modification to the construction or occupancy of an existing structure.
ANTENNA HEIGHT. The height of an antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base, which supports the antenna.
APARTMENT. A room or a suite of rooms within an apartment house or multiple family dwelling arranged, intended or designed as a place of residence for a single family or group of individuals living together as a single housekeeping unit, including culinary accommodations. Also, see DWELLING UNIT.
APARTMENT COMPLEX. A building or buildings containing apartments used as a place of residence for more than 2 households.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
BASEMENT. The substructure or foundation of a building; the lowest habitable story of a building, usually below ground level. A BASEMENT used for independent dwelling or business purposes shall be considered a story for the purposes of height measurement.
BED AND BREAKFAST GUEST HOME.
(1) A dwelling in which no more than 4 rooms or suites of rooms are made available for use as transient lodging.
(2) The remainder of the dwelling is used solely as a principal residence of the host family, who shall be the owners of the dwelling.
(3) Breakfast is the only meal served and it is served only to overnight guests. Rental of guestrooms is by advance reservations only; no walk-in guests are permitted.
(4) BED AND BREAKFAST GUEST HOMES are allowed as home occupation conditional uses in the agricultural district (A-1) and all residential districts (R-1, R-2 and R-3), upon obtaining and possessing the required permits pursuant hereto.
BLOCK. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Building Inspector shall determine the outline of the BLOCK.
BOARDINGHOUSE. A building, other than a hotel, where, for compensation and by prearrangement for definite periods, meals or lodging and meals, are provided for 3 or more persons, but not exceeding 20 persons.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure, excluding fences, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
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 the mean height level between eaves and ridge for gable, hip and gambrel roofs.
CARGO CONTAINER. A standardized, reusable vessel that is or appears to be originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; or designed for or capable of being mounted or moved on a rail car; or designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
CHILD CARE CENTER. A child care center operation licensed by the State of Nebraska in a provider's place of residence or a site other than the residence serving 13 or more children at any one time for on the average of less than 24 hours per day, for compensation, either indirect or direct, and on a regular basis.
COLUMBARIUM. Structure or vaults lined with recesses for cinerary urns.
CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, pursuant to the Nebraska Condominium Act, as set forth in Neb. RS §§ 76-825 to 76-894 (R.R.S.1997).
CREMATORY. An establishment with furnace for the cremation of dead animal bodies or dead human bodies.
COURT. An open, unoccupied space, other than a yard, bounded on 3 or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.
CURB LEVEL. The mean level of the curb in front of the lot, or, in the case of a comer lot, along that abutting street where the mean curb level is the highest.
DISTRICT. A section of the city and the area within 2 miles thereof for which regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
DISTRICT or ZONE. A section or sections of the Zoning Area for which uniform regulations governing the use of land, the height, use, area, size, and intensity of use of buildings, land, and open spaces are established.
DRIVE-IN ESTABLISHMENT. Any establishment such as a restaurant, financial institution or product vending enterprise where the patron does not enter and remain within a building during the transaction of his or her business. Food vending establishments where the food is not normally consumed within a building, or where numerous facilities are provided for eating outside a building, shall be included in this definition.
DWELLING. Any building or portion thereof, which is designed and used exclusively for single-family residential purposes, excluding mobile homes.
DWELLING, MANUFACTURED HOME (PERMANENT FOUNDATION).
(1) A factory-built structure which is to be used as a place for human habitation, which bears a label certifying that it was manufactured or constructed in compliance with the National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et seq., promulgated by the United States Department of Housing and Urban Development, constructed on a permanent chassis or undercarriage, is not equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, does not have permanently attached to its body or frame any wheels or axles. For the purpose of any of these regulations, a MANUFACTURED HOME shall be considered the same as a single-family detached dwelling on a permanent foundation, attached to the foundation with permanent connections.
DWELLING, MOBILE (MANUFACTURED) HOME (SKIRTED).
(1) A factory-built structure which is to be used as a place for human habitation, which bears the label certifying that it was manufactured or constructed in compliance with the National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et seq., promulgated by the United States Department of Housing and Urban Development. The home is designed to be transportable in 1 or more sections, constructed on a permanent chassis or undercarriage, and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. The MOBILE HOME shall be no less than 8 feet wide and 40 feet in length.
(2) MOBILE HOMES may be placed in an R-M Mobile Home Park District providing the home meets the standards in § 150.008.
DWELLING, MODULAR HOME (CONSIDERED A CONVENTIONAL TYPE SINGLE- FAMILY DWELLING). Any prefabricated structure, used for dwelling purposes, moved on to a site in an essentially complete constructed condition, in one or more parts, and when completed is a single family unit on a permanent foundation, attached to the foundation with permanent connections. A MODULAR HOME shall be equivalent to or exceed the construction criteria as defined by the Nebraska State Department of Health and Human Services or the Public Service Commission under the authority granted by Neb. RS §§ 71-1557 through 71-1567, in addition to any amendments thereto.
DWELLING, MULTIPLE. A building or buildings designed and used for occupancy by 3 or more families, all living independently of each other, and having separate kitchen and toilet facilities for each family.
DWELLING, SEASONAL. A dwelling designed and used as a temporary residence and occupied less than 6 months in each year.
DWELLING, SINGLE-FAMILY. A building having accommodations for or occupied exclusively by 1 family, which meets all the following standards. This definition applies to all "double-wide" mobile or manufactured homes that meet the following standards.
(1) The home shall have no less than 800 square feet of floor area, above grade, for single story construction;
(2) The home shall have no less than an 18 feet exterior width;
(3) The roof shall be pitched with a minimum vertical rise of 21/2 inches for each 12 inches of horizontal run;
(4) The exterior material shall be of a color, material and scale comparable with existing site-built, single-family residences;
(5) The home shall have a non-reflective roof material that is or simulates asphalt or wood shingles, tile, or rock. However, standing seam roofs are allowable provided it is non-reflective;
(6) The home shall be placed on a continuous permanent foundation and have wheels, axles, transporting lights, and removable towing apparatus removed;
(7) The home shall meet and maintain the same standards that are uniformly applied to all SINGLE-FAMILY DWELLINGS in the zoning district; and
(8) The home shall have a permanent foundation, to be constructed from either poured concrete or laid masonry block or brick on a footing to be placed a minimum of 42 inches below the final ground level.
DWELLING, SINGLE-FAMILY ATTACHED. A portion of a residential building having accommodations for and occupied exclusively by 1 family, and which is located on a separate lot of record apart from the remaining portions of the building. Each such dwelling may be sold independently of other portions.
DWELLING, TOWNHOUSE. A one-family dwelling in a row of at least 2 such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by 1 or more vertical wall(s).
DWELLING, TWO FAMILY. A building designed or used exclusively for the occupancy of 2 families living independently of each other and having separate kitchen and toilet facilities for each family.
DWELLING UNIT. One or more rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy 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, toilet and sleeping facilities.
DWELLING UNIT, SPECIAL TYPES. Any dwelling type consisting of single-family detached; single-family attached, multi-family, mobile home that is not meet the typical construction style of traditional stick framed structures.
(1) CARGO CONTAINER DWELLING. A dwelling unit constructed of 1 or more new or used cargo containers used for multi-modal shipping and meeting the definition of dwelling unit above.
(2) GRAIN BIN DWELLING UNIT. A dwelling unit constructed of 1 or more grain bins, new or used meeting the definition of dwelling unit above.
(3) QUONSET HOME. A home constructed beneath and in a structure referred to as a Quonset.
(4) SHOUSE. A combination of a dwelling unit and machine shed under a common or connect roofing system. For purposes of a SHOUSE, these structures when on a farm, agricultural operation, or acreage shall not be classified as a farm building. In addition, the residence portion of the facility shall meet the definition of dwelling unit above.
(5) TINY HOUSE. A structure containing living spaces including sleeping and kitchen areas which measure 500 square feet or less in area. TINY HOUSES can be either portable, on wheels similar to a recreational vehicle, or on a permanent foundation.
EARTH STATION or DISH ANTENNA. A combination of:
(1) An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; and
(2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to carry the signals into the interior of the building.
EASEMENT. A grant by the property owner to the public, a corporation or persons for the use of a tract of land for a specific purpose or purposes.
FAMILY. A single person or a collective number of individuals domiciled together in 1 dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.
FAMILY CHILD CARE HOMES. A child care operation defined, and controlled by Nebraska state law and licensed by the state of Nebraska, including a family child care home I and family child care home II.
(1) FAMILY CHILD CARE HOME I. A child care operation in the provider’s place of residence, which serves at least 4, but not more than 8, children at any one time. A FAMILY CHILD CARE HOME I PROVIDER may be approved by the state to serve no more than 2 additional school age children during non-school hours.
(2) FAMILY CHILD CARE HOME II. A child care operation either in the provider s place of residence or a site other than the residence serving 12 or fewer children at any one time.
FLOOR AREA. The area included within surrounding walls of a building.
FRONTAGE. All the property on one side of a street between 2 intersecting streets (crossing or terminating) measured along the property line of the street, or, if the street is dead-ended, then all of the property abutting on 1 side between an intersecting street and the dead end of the street.
FUNERAL HOME or MORTUARY. An establishment with facilities for the preparation of the dead for burial, for the viewing of the body, and for funerals.
GARAGE, PRIVATE. An accessory building or portion of a main building designed or used for the storage of not more than 4 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 or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storage of vehicles.
GARAGE, STORAGE. A building or portion thereof designed or used exclusively for housing more than 4 vehicles.
GRADE.
(1) For buildings having walls adjoining 1 street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(2) For buildings having walls adjoining more than 1 street, the average of the elevations of the sidewalk at the center of all walls adjoining the streets.
(3) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(4) Any wall approximately parallel to and not more than 5 feet from a street line is to be considered as adjoining the street. Where no sidewalk exists, the GRADE shall be established by the City Engineer.
GROUP HOME. A facility in which persons who are unrelated by blood, marriage or adoption reside while receiving therapy, counseling or refuge, but not including nursing care, for any of the following purposes:
(1) Adaptation to living with, or rehabilitation from, the handicaps of physical disability;
(2) Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder, or mental retardation;
(3) Rehabilitation from the effects of drug or alcohol abuse;
(4) Supervision while under a program of alternatives to imprisonment, including but not limited to prerelease and probationary programs; and
(5) Out-of-home placement of youth who have been taken out of their primary residence to provide a safe, home-like environment in which each individual can learn or relearn positive interaction skills that will allow the individual to be reunified with his or her family and become productive within the community.
HOME OCCUPATION. Any occupation or activity carried on in a dwelling by a member of the immediate family residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof. Additional requirements for HOME OCCUPATIONS are found herein.
HOSPITAL FOR HUMAN CARE. An institution licensed by the state as a hospital, having facilities to house inpatients overnight and give around-the-clock care by licensed physicians, health professionals and their supporting staff, providing medical and surgical care, with facilities that handle emergency treatment on a regular basis; and which may include accessory facilities as described in this chapter.
HOTEL. A building used as a transient abiding place of more than 20 persons who are, for compensation, lodged with or without meals.
INSTITUTION. A use, generally for the public including, but not limited to, community services, schools, colleges, medical centers, and religious institutions.
JUNK YARD or SALVAGE YARD. A place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, abandoned or inoperable motor vehicles or parts thereof, and other used materials are bought, sold, exchanged, stored, baled or cleaned; and places or yards for the storage of salvaged metal, materials and equipment; but not including pawn shops and establishments for the sale, purchase or storage of used cars or trucks presently in operable condition, boats or trailers presently in operable condition, and used furniture and household equipment in usable condition and not including the processing of used, discarded or salvaged material as part of manufacturing operations.
LIVESTOCK COMMERCIAL FEEDING OPERATION. Any building(s), lot(s), pen(s), pool(s) or pond(s) or other confined spaces, which normally are not used for raising crops or grazing animals, which are designed and/or used for on-going confined raising, feeding or management of animals for more than 180 consecutive days.
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.
LODGINGHOUSE. A building or place where lodging is provided (or equipped to provide lodging regularly) by prearrangement for definite periods, for compensation, for 3 or more persons, in contradistinction to hotels open to transients.
MANUFACTURED HOME. see DWELLING, MANUFACTURED HOME.
MAUSOLEUM. A large tomb or building with places for entombment of the dead.
MINIWAREHOUSE. A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual storage cubicles, compartmentalized stalls or lockers for the dead storage of customers' goods or wares. Additional requirements for these facilities when permitted as a conditional use are found in § 156.298.
MOBILE HOME. see DWELLING, MOBILE HOME.
MOBILE HOME PARK or MANUFACTURED HOME PARK. A parcel of land under single ownership that has been planned and improved for the placement of manufactured or mobile home used or to be used for dwelling purposes and where manufactured or mobile home spaces are not offered for sale or sold. The terms MANUFACTURED HOME PARK or MOBILE HOME PARK do not include sales lots on which new or used manufactured or mobile homes are parked for the purposes of storage, inspection, or sale.
MODULAR HOME. see DWELLING, MODULAR and DWELLING, MODULAR (HOME SEAL).
MOTEL. A building containing 1 or more sleeping rooms to be rented on a daily basis, primarily to the motoring public, together with any parking area, and may include recreation space and vending machines, but not including restaurants, clubs or other retail sales.
NONCONFORMING BUILDING/DEVELOPMENT. A building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.
NONCONFORMING LOT. A lot which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance. No action can be taken which would increase the nonconforming characteristics of the lot.
NONCONFORMING SIGN. A sign that was legally erected prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.
NONCONFORMING STRUCTURE. A structure which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance. No action can be taken which would increase the non-conforming characteristics of the structure.
NONCONFORMING USE. Any use existing and lawful at the time of adoption of these regulations occupying a building, structure or land but is no longer allowed.
NURSING HOME and CONVALESCENT HOME. A home for the aged or infirm where occupants are provided with food, shelter and care for hire or compensation.
PARKING SPACE, OFF-STREET. 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 3 or more automobiles shall have individual spaces marked, and shall be so designated, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another. For purposes of computation, an OFF-STREET PARKING SPACE and necessary access maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements in this definition are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city.
PRESCHOOL. A business which is educational only for 4 or more children from at least 2 different families. Such preschool programs will accept a child 3 to 5 years of age for a maximum of 3 hours per session, 1 session per day, 5 days a week.
PRINCIPAL STRUCTURE. The main building or structure on a lot, within which the main or primary use of the lot or premises is located.
PRINCIPAL USE. The main use of land or structure, as distinguished from an accessory use.
PRIVATE CLUB. A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or premises, or portion thereof, the use of the building or premises being restricted to members and their guests. The affairs and management of the PRIVATE CLUBS are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on the premises, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests maybe allowed; provided, it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that the sale of alcoholic beverages is in compliance with the applicable federal, state, county and city laws.
RECREATION BUILDINGS OR BUILDINGS FOR TRAINING FACILITIES FOR HUMANS AND ANIMALS. An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized or franchised sports or other recreational activities.
RECREATIONAL VEHICLE (RV). A vehicular unit primarily designed as a temporary living quarters for recreational camping or travel use having either its own power or designed to be mounted on or drawn by a motor vehicle. RECREATIONAL VEHICLE includes motor home, truck camper, travel trailer, camping trailer, and fifth wheel.
RECREATIONAL VEHICLE (RV) PARK. A tract of land under single ownership upon which 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 by campers, vacationers, or travelers.
SANITARY LANDFILL. A type of operation in which garbage and refuse or garbage or refuse is deposited by a plan on a specified portion of land, is compacted by force applied by mechanical equipment, and then is covered by suitable covering material compacted to a depth of at least 6 to 12 inches over individual cells of garbage and refuse or garbage or refuse, which are closed at the end of each day, and to a depth of at least 24 inches over the finished landfill. This use is also required to meet all state and federal laws.
SERVICE STATION.
(1) Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories maybe supplied and dispensed at retail, and where in addition the following services maybe rendered and sales made, and no other:
(a) Sale and servicing of spark plugs, batteries and distributors and distributor parts;
(b) Tire servicing and repair, but not recapping or regrooving;
(c) Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
(d) Radiator cleaning and flushing;
(e) Washing and polishing, and sale of automotive washing and polishing materials;
(f) Greasing and lubrication;
(g) Providing and repairing fuel pumps, oil pumps and lines;
(h) Minor servicing and repair of carburetors;
(i) Emergency wiring repairs;
(j) Adjusting and repairing brakes;
(k) Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
(l) Sales of cold drinks, packaged foods, tobacco and similar convenience goods for filling station customers, as accessory and incidental to principal operation; and
(m) Provision of road maps and other informational material to customers and provision of restroom facilities.
(2) Uses permissible at a SERVICE STATION do not include 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 service stations. A SERVICE STATION is not a repair garage or a body shop.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult novelty store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio or sexual encounter center.
SHOPPING CENTER. An area of not less than 3 acres in size, not including dedicated streets, alleys, highways or other public ways or property, whereupon are located 2 or more retail shops where merchandise is offered for sale.
STORY. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between the floor and the ceiling next above.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than 3 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.
STREET. All property dedicated or intended for public or private vehicular access, including public or private easement therefor; or a public or private thoroughfare which affords a means of access to abutting property.
STREET LINE. A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION. Any change in the support members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls or similar components.
STRUCTURE. Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts, and similar recreation areas.
TEMPORARY BUILDING. Any non-permanent structure, excluding fences, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property for a period of time not to exceed 6 months.
TEMPORARY USE. A use intended for limited duration to be located in a zoning district not permitting such use.
TRUCK GARDENS. The growing and sale of agricultural and horticultural products for local consumption. The products for sale have to be grown on-site.
USE. The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
USE, CONDITIONAL. A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving agency.
VARIANCE. A variance is authorized only for height and area of a structure and height and area of signs, or for size of lots, yards and open spaces, or for off-street parking and loading regulations. 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 or uses in an adjoining zoning district.
YARD. Any open space on the same lot with a building or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or for accessory buildings or structures permitted by this regulation.
YARD, FRONT. A space between the front yard setback line and the front lot line or highway setback line, and extending the full width of the lot.
YARD, REAR. A space between the rear yard setback line and the rear lot line, extending the full width of the lot.
YARD, SIDE. A space extending from the front yard or from the front lot line where no front yard is required by this regulation, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.
Example of Different Yard Requirements:
ZONING DISTRICT. A map or maps officially enacted by the City Council as part of this chapter showing the boundaries of a zoning district or districts, a copy or copies of which, certified to have been enacted as provided by law, is filed in the office of the City Clerk, as an official record of the city.
(Prior Code, § 56-3) (Ord. 3102, § 1, 2-4-1997; Am. Ord. 3175, § 1, 7-7-1998; Am. Ord. 3247, § 1, 9-7-1999; Am. Ord. of 12-4-2001; Am. Ord. 3414, § 1, 4-2-2002; Am. Ord. 3689, § 1, 5-1-2007; Am. Ord. 3703, § 1,10-2-2007; Am. Ord. 3721, § 1, 3-18-2008; Am. Ord. 3758, 5-5-2009; Am. Ord. 3840, § 1, 4-3-2012; Am. Ord. 4092, § 1, 6-7-2022)