As used in the Subdivision Regulations, codified as Title Four of this Part Twelve of these Codified Ordinances, and as used in this Zoning Code:
(1) Accessory building. "Accessory building" means a building detached from the main building which is located on a lot or tract of land, the use of which is subordinate to and appropriate and customarily incidental to the use of the main building.
(2) Adult day care facility. "Adult day care facility" means a facility that provides care or supervision for five or more persons eighteen years of age or older who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers.
(3) Alley. "Alley" means a public way, usually situated at the rear of a lot, which serves as a secondary means of access to the abutting lot.
(4) All weather surfacing. "All weather surfacing" means a surface consisting of a minimum of four inches of stabilized base overlaid with at least two inches of concrete or asphaltic surfacing.
(5) Alcohol beverage establishment. "Alcohol beverage establishment" means a bar, lounge, tavern, or private club establishment principally for the sale and consumption of alcoholic beverages on the premises that derives seventy-five percent or more of its gross revenue on an annual basis from the sale or service of alcoholic beverages.
(6) Alcohol & drug treatment center. "Alcohol & drug treatment center" means a licensed facility that specializes in the evaluation and treatment of drug addiction, alcoholism and associated disorders. This facility may provide residential treatment, partial hospital treatment or outpatient treatment services.
(7) Ambulance service. "Ambulance service" means a facility for the housing, maintenance, and dispatch of vehicles designed to transport sick or injured persons to medical facilities.
(8) Apartment. "Apartment" means an enclosed space consisting of one or more rooms occupying all or a part of a floor in a building of one or more floors or stories, regardless of whether it is designed for a residence, an office, the operation of any industry or business or any other type of independent use, provided that it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare.
(9) Arterial street. "Arterial street" means a through street designed to carry the accumulated traffic of other streets feeding into it through the City.
(10) Basement. "Basement" means that part of a building, wholly or partly below grade level, in which the greater part of the distance between its floor and ceiling is below grade level. A basement is not counted as a story in computing the number of stones a building has.
(11) Bed and breakfast inn. "Bed and breakfast inn" means an owner-occupied house, or portion thereof, where short-term lodging rooms and meals are provided for compensation.
(12) Billboard. "Billboard" means a sign having more than 260 square feet of display surface that identifies or communicates a commercial message related to an activity conducted, a service rendered or a commodity sold at a location other than where the sign is located.
(13) Block. "Block" means an area enclosed by streets. When used as a term of measurement, the term "block" means:
A. The distance measured along the centerline of a street between two intersecting streets; or
B. If a dead-end street, the distance measured between the nearest intersecting street and the lot line abutting the dead end.
(14) Boarding, rooming or lodging house. "Boarding, rooming or lodging house" means a building, other than a hotel, where lodging or meals, or both, for five or more persons, are provided for compensation.
(15) Building. "Building" means any structure which has a roof supported by columns or walls, whether above or below ground level.
(16) Building coverage. "Building coverage" means the percentage of the area of a lot or other tract of land which is covered by the maximum horizontal cross-section of a building located on it. Structures, including shelters for nuclear fallout, of which no part is above the grade of the lot, are not included in building coverage.
(17) Building, height of. "Height of a building" means the distance measured vertically at the front of the building from the grade to the highest point of the roof.
(18) Building line. "Building line" means a line parallel or nearly parallel to either the street line or the lot line not abutting the street and at a specified distance from the street or lot line, which marks the minimum distance from either line that a building may be erected.
(19) Camper. See "Travel trailer."
(20) Cargo container. "Cargo container" includes any ocean/ground transportation container, box of semi trailer, railcar box or any other transportation container used for the transportation of goods and material from one point to another by sea, air or land.
(21) Carport. "Carport" means a structure with a minimum of two open sides used to shelter motor vehicles.
(22) Car wash. "Car wash" means a facility for the washing or steam cleaning of passenger vehicles. A car wash may be a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only, or a tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure.
(23) Catering service. "Catering service" means a facility for the preparation and storage of food and food utensils for off-premise consumption and service.
(24) Child-care facility. "Child-care facility" means a private residence of the provider or site, other than the private residence of the provider, where care, protection and supervision are provided to four or more children under age thirteen at any one time, which children are not the children of the provider, on a regular basis for compensation, either direct or indirect.
A. Family child-care home I. "Family child-care home I" means a child-care operation in the provider's place of residence which serves between four and eight children under age thirteen at any one time, said children not being the children of the provider, and said services being provided on a regular basis for compensation, either direct or indirect. A child care home I provider facility may also serve two additional school-age children, not the children of the provider, during non-school hours.
B. Family child-care home II. "Family child-care home II" means a child-care operation either in the provider's place of residence or at a site other than the provider's residence, serving twelve or fewer children under age thirteen at any one time, which children are not the children of the provider, on a regular basis for compensation, either direct or indirect.
C. Child-care center. "Child-care center" means a child-care operation at a site other than the residence of the provider, serving thirteen or more children under age thirteen at any one time, which children are not the children of the provider, on a regular basis for compensation, either direct or indirect.
(25) Club or lodge, private. "Private club or lodge" means a building and facility owned or operated by a person for a social, educational or recreational purpose, but not primarily for profit nor to render a service customarily carried on as a business.
(26) Cluster housing development. "Cluster housing development" means a housing development comprising a group of tracts of real estate, the areas of which are not required to comply individually with minimum lot area requirements, and which, for the purpose of compliance with minimum area requirements, shall include designated common areas. Residential structures in such a development may have common walls, but the term does not include apartment type developments.
(27) Communications towers and antenna's. "Communications towers and antenna's" mean:
A. A mounted cellular antenna means a cellular antenna that is attached to an existing structure, that complies with the requirements of the additional provisions, and that is part of a cellular system authorized by the Federal Communications Commission. An auxiliary building housing electronic and communication equipment is permitted as part of this use.
B. Monopole cellular tower means a single pole structure that supports a platform and cellular antennas, that complies with the requirements of this paragraph and that is part of a cellular system authorized by the Federal Communications Commission. An auxiliary building housing electronic and communication equipment is permitted as part of this use.
C. Other cellular communication tower/antenna means any cellular communication tower or antenna that is part of a cellular system authorized by the Federal Communications Commission, but that is not covered by the definitions contained in this paragraph.
D. Platform means that portion of a monopole cellular tower that is located on top of the pole and that supports directional, transmitting, and receiving antennas.
(28) Conditional use permit. "Conditional use permit" means: A permit which allows the city to consider special uses which may be essential or desirable to a particular zoning district through a public hearing process. A conditional use permit can provide flexibility within a ordinance and enable a municipality to control certain uses which could have detrimental effects on the community.
(29) Condominium. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a lot, block or other tract of real estate, whether used for a residential, business, commercial or industrial purpose, together with a separate interest in a building on such tract. A condominium may include, in addition, a separate interest in other portions of such real property.
(30) Condominium development. "Condominium development" means an entire lot, block or tract of land, and all structures thereon, which are owned under a condominium regime.
(31) Condominium Property Act. "Condominium Property Act" means the Condominium Property Act of the State as set forth in Article 8 of Chapter 76, R.R.S 1943, as amended.
(32) Corral. "Corral" means a pen designed for the confinement of livestock.
(33) Court. "Court" means an open unoccupied space, other than a yard, on the same lot with a building or buildings and bounded on one or more sides by such building or buildings.
(34) Decorative landscape feature. "Decorative landscape feature" means any structure or object composed of any material, natural or artificial, erected, planted or positioned to enhance the visual or aesthetic value of the landscape of a tract of land. The term "decorative landscape feature" does not include trees.
(35) Dormitory. "Dormitory" means a building or part of a building containing a room which is designed or intended to be rented for occupancy by more than two persons.
(36) Duplex. "Duplex" means a dwelling consisting of two dwelling units.
(37) Dwelling. "Dwelling" means a building or part thereof designed for residential occupancy.
(38) Dwelling, multifamily. "Multifamily dwelling" means a building or part thereof designed for occupancy under one roof by more than one family living independently of each other.
(39) Dwelling, one-family. "One-family dwelling" means a building designed exclusively for occupancy by only one family.
(40) Dwelling unit. "Dwelling unit" means a room or group of rooms with kitchen facilities intended to be occupied as separate living quarters by a family, by a group of persons living together or by a person living alone.
(41) Family. "Family" means:
A. A group of natural persons consisting of a man, his wife and any children born to either him or his wife, legally adopted by either him or his wife or placed with either him or his wife as foster children, or any combination of these persons;
B. A group of natural persons as defined in paragraph (41)A. hereof, plus not more than six other persons, at least three of whom are related to one of the persons described in paragraph (41)A. hereof, by blood, marriage or legal adoption; or
C. A group of not more than three natural persons living together who are not related.
(42) Feedlot. "Feedlot" means an animal, poultry or fowl confinement facility which is used or is capable of being used for such confinement, and where the feeding of confined animals, poultry or fowl is other than by grazing. Furthermore, to be classified as a feedlot, the maximum number of animals in confinement at any one time since the construction of such lot must exceed ten or more beef or dairy cattle; ten or more swine; twenty or more sheep; or twenty or more chickens, turkeys, ducks or geese.
(43) Fence. "Fence" means a structure or objects composed of various material, natural or artificial, erected or positioned to screen or serve as a barrier to the passage of persons, animals or vehicles. The term "fence" includes screening walls and hedges which serve as such a barrier.
(44) Fence, perimeter. "Perimeter fence" means a fence which encloses or substantially encloses two or more contiguous or adjacent lots, blocks or tracts of land in an area zoned for residence use.
(45) Fence, privacy. "Privacy fence" means any fence erected or positioned to block a view of enclosed property.
(46) Floor area. "Floor area" means the total number of square feet of floor space within the exterior walls of a building, not including space in cellars and basements.
(47) Floor area ratio. "Floor area ratio" means the total floor area on a zoning lot divided by the lot area of such zoning lot. For example, a building containing 20,000 square feet of floor area on a zoning lot containing 10,000 square feet of area has a floor area ratio of two to one.
(48) Frontage. "Frontage" means that part of a lot which abuts a public right-of-way or the principal means of access to the lot.
(49) Garage, private. "Private garage" means an accessory building for the private use of the owner or occupant of a principal building, situated on the same lot as the principal building, for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature.
(50) Garage, public. "Public garage" means a building designated and used for the storage of motor vehicles, operated as a business enterprise, with a service charge or fee being paid to the owner or operator for the parking or storage of privately-owned vehicles.
(51) Garage, repair. "Repair garage" means a building in which a business, service or industry involving the maintenance, servicing, repair or painting of motor vehicles for commercial purposes, which meets the requirements of the Occupational Safety and Health Administration (OSHA), the Life Safety Code, the International Building Code, the National Electrical Code and any other applicable technical code adopted by the City.
(52) Garage sale (occasional). "Garage sale" means a sale of used household belongings typically held outdoors or in a garage of a person's home. Not to exceed four consecutive days and not more than six per year.
(53) Grade. "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
(54) Gross floor area. "Gross floor area" means the total area of floor space within the exterior walls of a building.
(55) Halfway house. "Halfway house" means a facility for the housing, rehabilitation, and training of persons on probation, parole, or early release from correctional institutions, or other persons found guilty of criminal offenses.
(56) Health related offices and clinics. "Health related offices and clinics" means offices and clinics for licensed professional for but not limited to the following: audiology, cardiology, chiropractic, dental, dialysis treatment, ear nose & throat, family practice, gynecology, internal medicine, oncology, ophthalmology, orthopedics, outpatient surgery, pathology, pediatrics, physical therapy/ rehabilitation, podiatry, proctology, prosthetics and orthotics, professional counseling, psychiatric, pulmonary medicine, urology, radiology, sleep disorders, sports medicine.
(57) Helistop or port. "Helistop" or "heliport" means a landing pad for occasional use by rotary wing aircraft.
(58) Home occupation. "Home occupation" means a business or profession, or an aspect thereof, which is carried on within a dwelling or a building accessory thereto, and which by custom in the community constitutes a use of the premises which is incidental to the use of the premises for dwelling purposes. See Use Chart, Section 1262.03(f)
(59) Hotel. "Hotel" means a building designed chiefly to provide, for compensation, for the temporary lodging, with or without meals, of persons, in which:
A. There are six or more guest rooms;
B. No provision is made for cooking in any guest room or suite; and
C. There is an entrance to each guest room or suite from an interior central hallway.
(60) Junk. "Junk" means scrap or recyclable ferrous and nonferrous metals, rope, rags, paper, trash, rubber debris, waste or junked, dismantled, or wrecked motor vehicles, trailers, machinery, or equipment, or parts thereof.
(61) Junkyard. "Junkyard" means an establishment or place of business which is maintained, operated, or used to buy, sell, store, keep, disassemble, dismantle, demolish, process or abandon junk or waste materials. "Junk" and "waste materials" include, but are not limited to, scrap metals, other scrap or recyclable materials, fluids, motor vehicles or trailers which have been abandoned, as defined by State Statute, or which are not in operating condition, machinery and equipment which has been abandoned or which is not in operating condition and parts for motor vehicles, trailers, machinery, or equipment not stored within a building. Junkyard shall mean and include motor vehicle wrecking yard and scrap metal processing facility, but shall not include a recycling center. Junkyard means an industrial use which is not permitted in any other zoning district.
(62) Kennel. "Kennel" means a building, structure or premises in or on which more than three breeding dogs or three breeding cats, at least six months of age, are harbored. A breeding animal is a dog or cat, either male or female, which is sexually intact. The term "kennel" does not include an animal control impound facility operated by or under contract with the City.
(63) Landscaping, sand/gravel/material sales. "Landscaping and sand/gravel material sales" means a facility for the sale of various landscaping materials such as trees, sand, stone, gravel, bricks, sprinkler system supplies, and similar materials in harmony with landscaping.
(64) Lodge, private. See "Club or lodge, private."
(65) Lodging house. See "Boarding house."
(66) Lot. "Lot" means a single building site or a single parcel of land designated as a lot on a subdivision plat or survey map of record, or described as such by metes and bounds, having sufficient area to accommodate a main building authorized, with respect to its location, by this Zoning Code. The term "lot" includes two or more previously separate lots or parts of lots combined as a single building site or for use as a single parcel of land.
(67) Lot area. "Lot area" means the total area of a lot lying within its lot lines.
(68) Lot, corner. "Corner lot" means a lot situated at an intersection of two or more streets whose intersection angle does not exceed 135 degrees.
(69) Lot coverage. "Lot coverage" means the percentage of the lot area covered by buildings and structures located on the lot. Buildings and structures include porches, breezeways, patio roofs and like structures, but not fences or swimming pools.
(70) Lot depth. "Lot depth" means the average of the maximum and minimum distances between the front lot line and the rear lot line of a building site.
(71) Lot, double frontage. "Double frontage lot" means a lot which extends from street to street.
(72) Lot, interior. "Interior lot" means a lot which is not a corner lot.
(73) Lot, key. "Key lot" means the first interior lot to the rear of a reversed corner lot.
(74) Lot line. "Lot line" means any boundary line of a lot.
(75) Lot line, front. "Front lot line" means:
A. For an interior lot, the line separating the lot from the street or place on which it abuts; and
B. For a corner lot, the line separating the lot from the street on which the majority of the lots in the block front.
(76) Lot line, rear. "Rear lot line" means the lot line directly opposite and most distant from the front lot line. In the case of an irregularly shaped lot, it is the lot line at least ten feet long, which is parallel to or most nearly so and most distant from the front lot line.
(77) Lot line, side. "Side lot line" means any lot line which is neither a front lot line nor a rear lot line.
(78) Lot of record. "Lot of record" means a lot whose separate entity has been established by a plat recorded in the office of the County Clerk.
(79) Lot, reversed corner. "Reversed corner lot" means a corner lot, the rear lot line of which abuts on the side lot line of another lot.
(80) Lot width. "Lot width" means the distance between the side lot lines measured at right angles to the lot depth at a point midway between the front lot line and the rear lot line.
(81) Lumber yards and building material centers. "Lumber yards and building material centers", mean a facility for the sale of home, lawn, and garden supplies, brick, lumber, and other similar building materials.
(82) Machine and welding shop. "Machine and welding shop" means a facility where material is processed by machining, cutting, grinding, welding, or similar processes.
(83) Main building. "Main building" means a building on a lot which is occupied by the primary use.
(84) Major motor vehicle repair. "Major motor vehicle repair" means a facility for major repair of motor vehicles, boats, recreational vehicles (RV's), over-the-road (OTR) trucks, etc., including overhaul of engines or vehicle restoration, electrical motors, or other similar items in a facility not less than but greater than 1,200 square feet.
(85) Manufactured home. "Manufactured home" means a factory-built structure which is to be used as a place for human habitation, built on a permanent chassis and not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to its permanent site. A manufactured home does not have permanently attached to its body or frame any wheels or axles. The definition of the term in the United States is regulated by federal law (Code of Federal Regulations, 24 CFR 3280).
(86) Master deed. "Master deed" means a deed establishing a condominium property regime.
(87) Minor motor vehicle repair. "Minor motor vehicle repair" means a facility for the repair, maintenance, service, or restoration of motor vehicles, motor vehicle engines, electrical motors, or other similar items in a facility of less than but not more than 1,200 square feet. All repairs must be conducted wholly inside the building.
(88) Mobile home. "Mobile home" means a movable or portable manufactured home which:
A. Has a permanent hitch; and
B. Does not bear a label certifying that it was built in compliance with 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.
(89) Mobile home park. "Mobile home park" means a tract of land containing at least four and one-half acres owned by one legal entity and licensed as required by the Nebraska Department of Health.
(90) Mobile home park drive. "Mobile home park drive" means a privately owned lane or roadway within a mobile home park.
(91) Mobile home space. "Mobile home space" means a plot of ground within a mobile home park designated for the accommodation of one manufactured home, certified or noncertified.
(92) Modular home. "Modular home" means any dwelling whose construction consists entirely of, or the major portions of whose construction consists of, a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. "Modular home" differs from a manufactured home in that its parts are moved to a permanent site where it is assembled, whereas a manufactured home is towed to the permanent site in whole or in part on its own chassis and wheels by means of its own temporary or permanent hitch. These homes must meet the requirements of the International Building Code, the National Electrical Code and any other applicable technical code adopted by the City.
(93) Motel. "Motel" means a building or group of buildings containing individual sleeping units:
A. Principally designed or used for temporary occupancy by tourists or transients;
B. With convenient parking space for each unit; and
C. With an independent outside entrance for each unit.
(94) Motor home/recreational vehicle (RV). "Motor home/recreational vehicle (RV)" means a licensed self propelled vehicle which normally includes a kitchen, a self contained bathroom, a bedroom and a living room. These vehicles vary in size and can be driven on public roads. Normally used for vacation touring of the countryside.
(95) Motor home/recreational vehicle (RV) park. See "travel trailer".
(96) Motor vehicles sales, new and used. "Motor vehicles sales, new and used" means a facility for the display and sales of new or used motor vehicles, trucks, motorcycles, motor scooters, or trailers or boats.
(97) Motor vehicles sales, service and storage of new and used recreational vehicles (RV's). "Motor vehicles sales, service and storage of new and used recreational vehicles (RV's)" means a facility for the display and sales of new or used recreation vehicles (RV's) or trailers.
(98) Motor vehicle service center. "Motor vehicle service center" means facility for the servicing or minor mechanical repair of motor vehicles. This use may include the retail sale of lubricating oils, tires, or parts for use in motor vehicles. This use does not include as its primary function the disassembly, rebuilding, and replacement of motor vehicle engines, transmissions, or other major machinery components, nor collision repair or painting.
(99) Motor vehicle wrecking yard. "Motor vehicle wrecking yard" means any establishment or place of business which is maintained, operated or used where:
A. The premises are required to comply with Chapter 60, Article 14, R.R.S. 1943, as amended and be operated by a licensed motor vehicle wrecker or salvage dealer who acquires one or more motor vehicles or trailers for the purpose of dismantling them for the purpose of reselling the parts or reselling the vehicles as scrap;
B. Motor vehicles or trailers are acquired in order that they may be disassembled, dismantled, wrecked or junked;
C. Motor vehicles scrapped, ruined, junked or not in operating condition for any reason are stored or kept externally; or
D. Used parts for motor vehicles or trailers are stored.
A conditional use permit issued by the Planning Commission required.
(100) Occupancy. "Occupancy" means the actual possession or use of a building, structure, lot or tract of land.
(101) Open space. "Open space" means land areas which are not occupied by buildings, structures, streets, open visitor parking spaces or alleys, except approved landscaped features and active recreational facilities when developed in accordance with Chapter 1260.
(102) Open space, common. "Common open space" means open space which is suitably located and improved for common recreational purposes, active or passive, and is accessible to each lot or dwelling within a planned unit development through a system of public or private walkways.
(103) Pawn shop. "Pawn shop" means a facility for loaning money on the security of personal property and the sale of unclaimed property.
(104) Person. "Person" means an individual, firm, corporation, partnership, limited liability company, association, trust or other legal entity, or any combination thereof.
(105) Planned business center. "Planned business center" means a business or commercial development on a lot or tract of land which contains not less than five acres and is characterized by an integrated or coordinated arrangement of stores, shops, offices, buildings and facilities.
(106) Plat. "Plat" means, depending upon the context, a map, drawing or chart showing a lot, tract of land or subdivision of a lot or tract of land, or a proposed lot, tract of land or subdivision of a lot or tract of land.
(107) Professional pharmacy. "Professional pharmacy" means business premises wherein the business of selling at retail of prescription and legal nonprescription drugs and medicines is carried on exclusively, and includes the selling at retail, as an incident to such business, of other medical supplies and equipment, personal care products and greeting cards.
(108) Property. "Property" means and includes, unless a different meaning is clearly implied in the context, land, leasehold interests in land, buildings, improvements and structures thereon, and easements, rights and appurtenances belonging thereto or to any of such elements alone.
(109) Recreation area. "Recreation area" means the common open space which is usable for recreational purposes, whether or not developed with active facilities such as swimming pools, tennis courts, recreational buildings, clubhouses or similar facilities.
(110) Recycling center. "Recycling center" means an establishment, place of business, or operation that collects and processes recyclable materials and scrap limited to paper, cardboard, aluminum, glass, plastic, metal, and similar household or business wastes. No hazardous material, as defined by State and Federal law, shall be accepted. No salvage material shall be stored or kept outside a building unless authorized by the Planning Commission. "Recyclable" shall mean suitable for any process of separating, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of recovering or reusing the resources contained therein.
(111) Recycling collection point. "Recycling collection point" means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items shall be allowed. This facility shall generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.
(112) Retirement housing. "Retirement housing" means a residential facility principally designed for persons fifty-five years of age or older. This use does not include convalescent and nursing homes, hospice care, and related institutional uses.
(113) Reversed frontage. "Reversed frontage" means the situation in which the rear lot line of a corner lot abuts a side lot line of an adjacent interior lot.
(114) Rooming house. See "boarding house."
(115) RV/motor home. See "motor home/recreational vehicle (RV)".
(116) Sanitary landfill. "Sanitary landfill" means a solid waste disposal area on a discrete area of land or excavation which receives solid waste and includes all contiguous land and structures within the surveyed legal description of the permitted area, other appurtenances and improvements on the land used for the disposal of solid wastes or improvements necessary to carry out the disposal of solid wastes. Solid waste disposal areas shall include, but not be limited to the following disposal areas: municipal solid waste disposal areas, construction and demolition disposal areas, fossil fuel combustion ash disposal areas, industrial disposal areas, delisted hazardous waste disposal areas and land application units for repeated disposal or treatment of special wastes. (NE-DEQ, Title 132, Ch-1 Definition #120, 6/9/2008)
(117) Scrap metal processing facility. "Scrap metal processing facility" means any establishment or place of business which is maintained, operated, or used which has facilities and equipment for processing ferrous and nonferrous metals and scrap and whose principal product is nonferrous scrap for sale.
(118) Scrap metal processing. "Scrap metal processing" means compacting, cutting, chopping, grinding, shredding, shearing, baling, bundling, mechanical sorting or cleaning, or other work on ferrous and nonferrous metals and scrap that prepares a product suitable for sale and subsequent use as a raw material by a foundry or mill.
(119) Service building. "Service building" means a service building located in a mobile home park or travel trailer park which provides laundry, drying, toilet or bathing facilities to occupants of the park.
(120) Service station. "Service station" means a business place, located on premises that abut on a street or highway, which supplies motorists with gasoline, oil, tires and motor vehicle accessories and services at retail direct to the motorist, including the making of minor repairs, but excluding the making of major repairs such as:
A. Spray painting,
B. Complete recapping or retreading of tires.
The term "filling station" is included in this definition.
(121) Set-back area. "Set-back area" means the area lying between a set-back line and the nearest parallel property line.
(122) Set-back line. "Set-back line" means a line, as shown on a recorded plat or otherwise established by Council, beyond which no part of a main exterior wall of a building or structure may project.
(123) Set-back line, front. "Front set-back line" means the set-back line at the front of a lot.
(124) Set-back line, rear. "Rear set-back line" means the set-back line at the rear of a lot.
(125) Set-back line, side. "Side set-back line" means the set-back line at either side of a lot.
(126) Shall, must and may.
A. "Shall" and "must" mean that a person, organization, board or association has a mandatory duty to act in the manner stated. Such words are not used to declare a legal result.
B. "Shall not," "may not" and "must not" mean that a person, organization, board or association has a mandatory duty to refrain from acting in the manner stated.
C. "May" means that a person, organization, board or association may, but is not required to, act in the manner stated.
(127) Sign. "Sign" means a structure or object placed, arranged, colored, designed or constructed to advertise or to attract attention to a building, structure, business, product, activity or service. The term "sign" includes a mobile signs.
(128) Sign, accessory. "Accessory sign" means a sign, including a mobile sign, which directs attention to a business, product, activity or service.
(129) Sign, attached. "Attached sign" means a sign mounted flat against a wall or side of a building or structure.
(130) Sign, detached. "Detached sign" means a free-standing sign and includes such signs, whether standing upon the ground or upon a building or structure and whether permanently fixed or movable, but does not include mobile signs.
(131) Sign, lawn. "Lawn sign" means a small temporary sign designed to be placed upon the ground to advertise a specific service, organization, or person. Includes but not limited to political candidates.
(132) Sign, mobile. "Mobile sign" means a movable or portable sign that is so constructed as to be towable on its own chassis and to function without a permanent base or support.
(133) Sign, projecting. "Projecting sign" means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of the wall.
(134) Storage units/warehouse. "Storage units/warehouse" means a building or buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.
(135) Story. "Story" means the part of a building included:
A. Between the surface of any floor and the surface of the next floor above it; or
B. If there is no floor above, then the space between any floor and the ceiling next above it.
(136) Street. "Street" means a way, other than an alley, for vehicular traffic. The term "street" includes a street, avenue, boulevard, thoroughfare, highway, parkway, throughway, road and lane.
(137) Street, arterial. See "arterial street".
(138) Street, collector. "Collector street" means a street carrying vehicular traffic from a minor street to an arterial street. The term "collector street" includes principal entrance streets and streets for the circulation of vehicular traffic within a residential development.
(139) Street, front. "Front street" means a street on which the majority of lots in a block front.
(140) Street, frontage. "Frontage street" means a local street that parallels an expressway or through street and that provides access to property near the expressway - called also service road.
(141) Street, marginal access. "Marginal access street" means a minor street that is parallel with and adjacent to an arterial street.
(142) Street, minor. "Minor street" means a street used primarily for access to abutting lots or tracts.
(143) Street, side. "Side street" means a street which intersects a front street.
(144) Structural alteration. "Structural alteration" means a change in any supporting members, such as a bearing wall, column, beam or girder, of any structure.
(145) Structure. "Structure" means anything constructed or erected on the ground or attached to something constructed or erected on the ground. The term "structure" includes signs, billboards and fences.
(146) Studio, group instructions for various classes. "Studio, group instructions for various classes" means a location for the instruction of various classes which may include but not limited to: music, dance, painting, pottery, self-defense, weight loss, dietary, self improvement.
(147) Subdivision. "Subdivision" means, depending upon the context, a lot, tract or parcel of land that has been, or is proposed to be, divided into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of ownership or building development. The term "subdivision" includes a re-subdivision of a lot or tract of land.
(148) Subdivision regulations. "Subdivision regulations" means Ordinance 1049, passed February 26, 1985, codified herein as Title Four of Part Twelve - the Planning and Zoning Code, as amended.
(149) Temporary. "Temporary" means less than twelve months.
(150) Townhouse. "Townhouse" means an arrangement of single-family dwelling units, joined by common walls on not more than two sides, with the uppermost story being a portion of the same dwelling located directly beneath at the grade of the first floor area, and having exclusive individual ownership and occupancy rights of each dwelling unit, including, but not limited to, the land area directly beneath such dwelling unit.
(151) Travel trailer. "Travel trailer" means a portable vehicular structure built on a chassis which is designed to be used as a temporary dwelling while traveling, the body of which is not more than eight feet wide nor more than thirty-two feet long, and which usually contains bath or toilet facilities, or both. The term "travel trailer" includes a camper.
(152) Travel trailer/motor home/recreational vehicle (RV) park. "Travel trailer/motor home/recreational vehicle (RV) park" means a tract of land which is not a mobile home park, but contains individual parking lots for travel trailers, motor homes or recreation vehicles (RV's). Such park may have temporary hook-up facilities for plumbing and electrical services.
(153) Truck wash. "Truck wash" means a facility for the washing or steam cleaning of OTR single and dual axle, or tractor trailer vehicles. A wash may be a single unit type which has a single bay or an enclosed bay with each bay to accommodate one vehicle only, or a tunnel unit type which allows washing of multiple vehicles while moving through the structure.
(154) Unit. "Unit" means the element of a planned unit development which is not owned in common with owners of other elements in the development.
(155) Used car lot. "Used car lot" means a lot or tract of land where second-hand motor vehicles, intact and ready for operation, are kept and offered for sale.
(156) Yard. "Yard" means an open space, other than a court, on a lot or tract of land generally unobstructed, except as permitted in this Zoning Code, from the ground upward.
(157) Yard, front. "Front yard" means a yard extending the full width of a lot or tract of land between the front wall of the main building and the front lot line.
(158) Yard, rear. "Rear yard" means a yard extending the full width of a lot or tract of land between the rear wall of a main building and the rear lot line.
(159) Yard, side. "Side yard" means a yard between a side wall of the main building and the side lot line extending from the front yard to the rear lot line. For purposes of determining a side setback or a required side yard, a side yard may overlap a rear yard. The width of a required side yard is measured from the nearest point of the main building to the point of the side lot line opposite such side of the main building.
(160) Zoning Code. "Zoning Code" means Ordinance 1049, passed February 26, 1985, codified herein as Title Six of Part Twelve - the Planning and Zoning Code, as amended.
(161) Zoning district. "Zoning district" means an area delineated on a zoning map for which uniform use regulations are specified.
(162) Zoning Map. "Zoning Map" means the Map officially enacted by Council as a part of this Zoning Code showing the boundaries of zoning districts, a copy of which, certified to have been enacted as provided by law, is filed in the office of the Clerk-Treasurer as an official record of the City.
(Ord. 1347. Passed 9-10-96; Ord. 1619. Passed 12-23-08; Ord. 1658. Passed 8-9-11; Ord. 1672. Passed 2-14-12.)