§ 157.003  DEFINITIONS.
   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY STRUCTURE. A detached structure larger than 144 square feet, subordinate to and serving the principal structure on the same lot.
   ACCESSORY USE. A use incidental to, and on the same lot as, a principal use.
   ADULT DAY CARE FACILITY. Care facilities as licensed by the state.
   ASSEMBLY. The act of connecting together the parts of something (such as a machine).
   AUTOMOBILE REPAIR. General repair, rebuilding, body work, frame work, major painting service, replacement of or repair of parts, upholstering and other work similar to and incidental to the repair of automobiles, trucks and trailers.
   AUTO REDUCTION YARD. A lot or yard where three or more unlicensed vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts or scrap, storage or abandonment.
   BASEMENT. A portion of the building located wholly or partially underground, but having at least one-half of its floor to ceiling height below the grade of the adjoining ground.
   BLOCK. An area of land within a subdivision that is entirely bounded by streets, exterior boundary lines of the subdivision and/or bodies of water.
   BOARDING HOUSE. A building, other than a hotel or motel where, for compensation and pre-arrangement, meals and lodging are provided.
   BOULEVARD. The portion of a street right-of-way between the curb or curb line and the property line.
   BUILDING. A structure which may provide shelter and enclosure for persons, chattels or animals and, when such structure is divided by party walls without openings, each portion so formed and separated shall be deemed to be a separate BUILDING.
   BUILDING HEIGHT. The vertical distance from the average elevation of the adjoining ground level to the top of the highest point of the structure.
   CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
   COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the city.
   CONTRACTOR’S YARD. Storage of materials, equipment, machinery and the like for business use on or off site.
   DAY CARE NURSERY. A building or structure where care, protection and supervision of children are provided for a fee as licensed by the state and in accordance with this chapter.
   DECK. A structure which is either freestanding or attached to a principal or accessory building, constructed at grade or above grade, intended or designed for use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
   DRIVE-IN FACILITY. An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.
   DWELLING. A building or portion thereof used exclusively for residential purposes, including one-family, two-family, townhouse and multiple-family dwellings, but not including hotels and boarding and lodging houses.
   DWELLING, MOBILE HOME. A transportable, single-family dwelling suitable for year-round occupancy and containing the same water supply, waste disposal and electric conveniences as permanent housing.
   DWELLING, MULTIPLE-FAMILY. A building having three or more dwelling units.
   DWELLING, SINGLE-FAMILY. One dwelling unit having open space on all four sides.
   DWELLING, TOWNHOUSE. A dwelling unit attached to other dwelling units by common walls, side by side, extending from the foundation to the roof and with each dwelling unit having a separate entrance from outside the building.
   DWELLING, TWO-FAMILY. A building having two dwelling units.
   ENVIRONMENTALLY SENSITIVE AREAS. Areas that have 12% or greater slopes, land or soil subject to flooding, wetlands (including streams, ditches, drainage ways, ponds and marshes), high water tables and woods and soils that are unsuitable for building sites. In the areas where severe development limitations exist, as determined by the city, there shall be detailed examination and careful study before any type of development is allowed to proceed. The goal is to provide for the orderly and harmonious physical development of the city with respect to the natural amenities that nature has provided.
   FAMILY UNIT. An individual or two or more persons living together as a single housekeeping unit and maintaining a common household.
   FENCE. A structure, other than a building, which is a barrier and used as a boundary or means of protection or confinement.
   FINAL PLAT. The final map and/or plan and/or record of a subdivision and any accompanying material presented material to the City Council for approval and which, if approved, will be duly filed with the county’s Register of Deeds. Said plat must conform to all state laws.
   GARAGE. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
   GENERAL FARMING. A parcel of land, under one ownership, used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock. The term “one ownership” shall include an individual, corporation, business trust, estate, trust, partnership, association or two or more persons having a joint or common interest in the land.
   GENERAL FLOOR PLANS. A graphic representation of the anticipated utilization of the floor area within a building, but not necessarily being as detailed as are construction plans.
   HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises that meet the following criteria:
      (1)   The occupation is conducted within the principal structure;
      (2)   Evidence of the occupation is not visible from the street;
      (3)   Only signs permitted in the respective residential district are visible from the street;
      (4)   No stock in trade is stored on the premises;
      (5)   No over-the-counter retail sales are involved; and
      (6)   Entrance to the home occupation is gained from within the structure and no separate entrance is used.
   HOME OCCUPATION, CONDITIONAL. Any occupation or profession carried on by a member of the immediate family residing on the premises that meet the criteria of a home occupation and carry additional conditions as listed in §§ 157.055 through 157.058 of this chapter.
   HOTEL. A building containing guest rooms in which lodging is provided and which are open to either transient or permanent guests, in which no provision is made for cooking in the guest rooms and in which access is provided through an inside lobby or office supervised by a person in charge.
   IMPROVEMENTS. The construction or installation of public or private utilities including, but not limited to, potable water, sanitary sewer systems, storm sewers, roads and other barricades, trees and other plantings, lighting, fuel or energy and the transmission thereof, transportation systems or facilities connected therewith and communication systems which are necessary, desirable or convenient in the maintenance of the health, safety and the general welfare.
   JUNK YARD. A parcel of land on which waste material or inoperative vehicles and other machinery are collected, stored, salvaged or sold.
   LANDSCAPING. Plantings such as trees, grass, bushes and shrubs.
   LOT (OF RECORD). A lot that has had its existence, location and dimensions legally recorded or registered in a deed or on a plat.
   LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.
   LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street and, in the case of a corner lot, it shall be the shortest dimension on a public street.
   LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot, parallel to the front lot line.
   LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
   LOT WIDTH. The horizontal distance between side lot lines, measured at the required front setback.
   MINING. The extraction of sand, gravel, rock, soil or other material from the land in the amount of 400 cubic yards or more and the removal thereof from the site. The only exclusion from this definition should be removal of minerals associated with the construction of a building for which a building permit has been issued.
   MOTEL. A facility offering lodging accommodations for those traveling by car usually with easy access from each room to an area for cars.
   MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is transferred and/or stored for movement.
   MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels. Accessory services may include the sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services and the performance of minor automotive maintenance and repair.
   MOTOR FUEL STATION CONVENIENCE STORE. A store operated in conjunction with a motor fuel station offering a limited selection of food and other products and staying open for longer hours at a convenient location.
   NON-CONFORMING STRUCTURE. A structure that does not meet the requirements of the zoning district in which it is located due to the enactment of this chapter or any amendment thereto, but that lawfully existed as of the date of its construction or placement.
   NON-CONFORMING USE. A use that does not meet the requirements of the zoning district in which it is located due to the enactment of this chapter or any amendment thereto, but that was a lawful use as of the date it was first commenced.
   NOXIOUS MATTER. Any substance capable of causing injury to living organisms or of causing detrimental effects on the physical or economic well-being of individuals.
   OFF-STREET PARKING. A maintained area, other than on a public street or right-of-way, for the storage of an automobile.
   OPEN SALES LOT. Land devoted to the display of goods for sale, rent, trade or lease when such goods are not normally kept within a building during the business day.
   OWNER. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having proprietary interest in the land.
   PERFORMANCE STANDARDS. Standards that are established to assure that development will not be a detriment to the public health, safety and general welfare of the municipality.
   PLANNED UNIT DEVELOPMENT (PUD). A self-contained development, sometimes with a mixture of housing types and densities, in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots, as in most subdivisions. Therefore, densities are calculated for the entire development, usually permitting a trade-off between clustering of houses and provision of common open space.
   POLE BUILDING. A building that does not have a continuous foundation and employs posts or poles as columns embedded in earth or embedded in concrete footings as the primary foundation.
   PORTABLE STORAGE/SHIPPING CONTAINERS. Any container designed to store or ship personal property and which is typically rented to owners or occupants of residences and intended to be delivered, temporarily used, and removed by truck.
   PRINCIPAL STRUCTURE. A building in which the primary use of the lot on which the building is located is conducted.
   PUBLIC SERVICE INSTALLATION. Public utility structures including, but not limited to, transformers, lift stations, water towers and public utility buildings.
   PUMP SETBACK. The distance from the street right-of-way line to the center of a pump island at a motor fuel station measured as perpendicular from the right-of-way.
   RIGHT-OF-WAY. An area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both.
   SHELTER, FALLOUT. Any portion of a structure intended to provide human protection during periods of danger from nuclear radiation, blasts, storms or other emergencies.
   SETBACK. The minimum horizontal distance between a structure and the nearest property line or right-of-way line.
   SETBACK, FRONT. The shortest horizontal distance from the forward most point of a building to the nearest point on the front lot line.
   SETBACK, REAR. The shortest horizontal distance from any part of a building to the nearest point on a rear lot line.
   SETBACK, SIDE. The shortest horizontal distance from any part of a building to the nearest point on a side lot line.
   SETBACK, STREET SIDE. The shortest horizontal distance from any part of a building to the nearest point on a side lot line that adjoins a street.
   SIGN. Any written announcement used to advertise or promote the interest of any person when displayed or placed out of doors in view of the general public.
   SIGN, BILLBOARD. A sign that is not located on the premises containing the use or uses which are promoted by such sign.
   SIGN, BUSINESS. A sign which directs attention to a business or profession or to a commodity offered on the premises on which the sign is located, whether attached to or detached from a building.
   SIGN, FLASHING. An illuminated sign in which the light is not maintained constant in intensity or color at all times in which the sign is in use.
   SIGN, GROSS AREA. The total area, including the frame, if any, of the display. Each surface so utilized shall be measured as a separate sign; except that, only one face of a double-faced sign shall be measured in computing the gross area.
   SIGN, ILLUMINATED. Any sign which is illuminated by electric lights or luminous tubes as an integral part of the attractive effect.
   SIGN, NAMEPLATE. Any sign which states the name or address, or both, of the business where the sign is placed, or the name and address of the occupant or a directory listing the name, addresses and businesses of occupants.
   STREET. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
   STRUCTURE. Anything built or constructed, an edifice or building of any kind, or any piece of work composed of parts joined together in some definite manner, except parking lots and driveways.
   THROUGH LOT. Any lot which has a pair of opposite lot lines abutting two substantially parallel streets and which is not a corner lot. For purposes of applying this definition to this chapter, both street lines shall be considered as front lot lines.
   TRUCK STOP. Any motor fuel station devoted primarily to the needs of over-the-road trucking and which shall include eating and/or sleeping facilities and located within 500 feet of a major arterial road.
   USE, CONDITIONAL. Those occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district, which for the respective conduct or performance in such designated use districts may require reasonable, but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, conditions, modification or regulations in said district for the promotion and preservation of the general public welfare, health or safety therein and in the county and, therefore, may be permitted in said district only by a conditional use permit (CUP).
   USE, PERMITTED. A use which conforms with the requirements of the zoning district within which it is located.
   USE, PRINCIPAL. The primary use of land or structures as distinguished from accessory uses.
   UTILITY BUILDING. An accessory building which is not usable for the storage of vehicles, is one-story in nature, is used or intended for the storage of hobby tools, garden equipment and the like is detached from the principal structure, is 144 square feet or smaller, and which is naturally and normally incidental to the principal dwelling structure.
   VARIANCE. Any modification or variation of official controls where it is determined that because of hardship or practical difficulty, strict enforcement of official control is impractical.
   VEHICLE STORAGE. Storage of automobiles and/or recreational vehicles in a rented or leased space or in a display area when those automobiles and/or recreational vehicles are for sale on premises.
   WAREHOUSING. The storage of materials or equipment within an enclosed building.
   YARD. A required open space on a lot, which is unoccupied and unobstructed by any structure.
   ZONING DISTRICT. An area of the city designated in the chapter text and delineated on the zoning map, in which requirements for the use of land and building and development standards are prescribed.
(Ord. passed 12-17-2014; Ord. 4, passed 4-27-2016)