§ 155.004 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESS. The primary means of ingress and egress to abutting property from a dedicated right-of-way.
   APARTMENT. See DWELLING, MULTIPLE-FAMILY.
   AUTOMOTIVE REPAIR FACILITIES. See Appendix B, § 5.
   BOARDING HOUSE. See Appendix B, § 2.
   BUILDABLE AREA. The portion of a lot remaining after the required yard setbacks have been provided.
   BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials or property of any kind. This definition shall include tents, dining cars, trailers, manufactured homes, sheds, garages, carports, animal kennels, storerooms or vehicles serving in any way the function of a building as described herein.
      (1)   BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of the principal building on the same lot.
      (2)   BUILDING, PERMANENT. A building that is not equipped with wheels, or provisions for attachment for wheels, or skids for easy movement but is on pier and beam or concrete foundation(s), except that this does not include metal or similar type buildings used for storage even when attached to concrete.
      (3)   BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of the principal building and structurally dependent, totally, or in part, on the PRINCIPAL BUILDING, shall comprise a part of the principal building and be subject to all regulations applicable to the principal building. A detached and structurally independent carport, garage or other structure shall conform to the requirements of an accessory building.
      (4)   BUILDING, TEMPORARY. A building that is equipped with wheels, or provisions for attachment for wheels, or skids for easy movement but does not include manufactured homes, mobile homes, travel trailers or recreational vehicles. A TEMPORARY BUILDING may be an accessory building as defined by this chapter.
   BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building except that the distance shall be measured to the average height between the eaves and ridge for gable, hip, or gambrel roofs and to the deck line of a mansard roof.
   BUILDING LINE. The line established by yard or setback requirements outside of which no principal building may be erected.
   BUSINESS SERVICE ESTABLISHMENTS. See Appendix B, § 6.
   CENTERLINE. The line midway between the street right-of-way lines or the surveyed and prescribed centerline established by the city, which may not be the line midway between the existing or proposed street right-of-way lines.
   CHILD CARE CENTER. See Appendix B, § 3.
   CLINICS. See Appendix B, § 6.
   CONTRACTOR SHOPS AND YARDS. See Appendix B, § 7.
   COURT, GENERAL. An open space, other than a yard, on the same lot with a building or structure, which is bounded on two or more sides by the walls of such building or structure.
      (1)   INNER COURT. A court that is completely surrounded by a building or buildings.
      (2)   OUTER COURT. A court enclosed on three sides by exterior walls of a building or structure, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
   DENSITY. The relationship between the allowable lot area per dwelling unit for a district and the land area zoned in each zoning district. The number of dwelling units is found by dividing the total land area zoned in each zoning district by the allowable lot area for that district.
   DWELLING UNIT. Consists of one or more rooms arranged, designed or used as living quarters, including permanently installed individual bathrooms and kitchen facilities.
      (1)   DWELLING, MULTI-FAMILY. Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in Independent dwelling units.
      (2)   DWELLING, SINGLE-FAMILY ATTACHED. A dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of 20 feet, in which each dwelling is located on a separate platted lot.
      (3)   DWELLING, SINGLE-FAMILY DETACHED. A detached building designed exclusively for occupancy by one family, excluding manufactured housing and modular homes.
   EATING ESTABLISHMENT RESTAURANT. See RESTAURANT in Appendix B, § 6.
   FAMILY. One or more persons occupying a single dwelling unit provided that unless all members are related by law, blood or marriage, no such family shall contain over three persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families.
   FLOOD HAZARD AREAS. An area subject to inundation by flood waters of the 100-year frequency as delineated by the most recent flood hazard boundary map or flood insurance rate map, as the case may be, issued by or on behalf of the Federal Insurance Administration, and approved by the Planning and Zoning Commission and City Council.
   FOOD STORES. See Appendix B, § 6.
   FRONTAGE. Distance measured along an abutting public street right-of-way.
   FURNITURE AND APPLIANCE STORES. See Appendix B, § 6.
   GARAGE SALE. An activity conducted by an individual on the individual’s residential property for the purpose of selling their personal property.
   HOME OCCUPATION. See CUSTOMARY HOME OCCUPATION in Appendix B, § 1.
   LIVING UNIT. See DWELLING UNIT.
   LOT. A piece, parcel, tract or plot of land.
      (1)   LOT AREA. The total horizontal area included within lot lines.
      (2)   LOT COVERAGE. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
      (3)   LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
      (4)   LOT LINE. The boundary line of a lot.
         (a)   FRONT. The property line which abuts on a public street, or in the event the property abuts on two or more streets it shall mean that property line abutting on a street which has been designated as the front by the owner at the time of his application for a building permit.
         (b)   REAR. The boundary of a lot that is most distant from and is, or is most nearly, parallel to the front lot line.
         (c)   SIDE. Any property line not a front or rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
      (5)   LOT OF RECORD. A lot whose existence, location and dimensions have been/legally recorded or registered in a deed or on a plat prior to the effective date of this chapter.
      (6)   LOT, CORNER. Lot bounded by more than one intersecting street.
      (7)   LOT WIDTH. The mean horizontal distance between the side lot lines measured at the required front property line.
   MANUFACTURED HOME. See Appendix B, § 2.
   MANUFACTURED HOME PARK. See Appendix B, § 2.
   MANUFACTURED HOME SUBDIVISION. See Appendix B, § 2.
   MOBILE HOME. See Appendix B, § 2.
   NONCONFORMING BUILDING OR STRUCTURE. A building or structure existing at the time of passage or amendment of this chapter which does not conform to the property development and regulations of area, height, lot coverage, yard setbacks or other like requirements of the district in which it is located.
   NONCONFORMING LOT. Any single lot, tract or parcel of land in existence at time of passage or amendment of this chapter which does not meet the minimum dimensions, area or other regulations of the district in which it is located.
   NONCONFORMING USE. Any land use existing at the time of passage or amendment of this chapter which does not conform to the provisions, requirements and regulations of the district in which it is located.
   ON-SITE CONSTRUCTION. Buildings that are primarily constructed upon the premises where they are to stand permanently (i.e., the foundation, walls, siding, roof and floor covering must be constructed on the said premises).
   PARKING SPACE, OFF-STREET. An area of not less than 162 square feet, surfaced with a suitable, dust-free surface, enclosed or unenclosed, exclusive of driveways and alleys, and adjacent to a driveway or alley, with the minimum dimensions of nine feet by 18 feet, designed so as to be used for parking of a motor vehicle.
   PORTABLE BUILDING. A movable structure constructed on skids or wheels that is capable of being transported. A PORTABLE BUILDING shall be an accessory structure as defined by this chapter.
   PREFABRICATED STRUCTURE. A structure made or built In standard-sized sections for shipment and quick assembly. A PREFABRICATED STRUCTURE may be preassembled or assembled on the site.
   PROFESSIONAL SERVICES. Services offered by doctors, lawyers, accountants, real estate brokers, insurance agents, land developers, engineers, architects, planners, computer systems analysts and any other individuals or groups offering professional services of a similar nature.
   PROPERTY LINE. See LOT LINE.
   PUBLIC BODY. Any government or governmental agency, board, commission or authority of the city, or the U.S. government, or any legally constituted special district.
   PUBLIC USE. The use of any land, water or building by a public body for a public service or purpose.
   RECREATIONAL VEHICLE. Any vehicle designed and intended for recreational purposes, and shall include trailers, travel trailers, camp-cars, pick-up campers, buses, tent trailers or any other similar vehicles with or without motive power, designed and constructed to travel on public thoroughfares.
   RESIDENCE. See DWELLING UNIT.
   RIGHT-OF-WAY. A strip of land dedicated or deeded to the perpetual use of the public.
   SEMI-PUBLIC BODY. Churches and organizations operating as a nonprofit activity serving a public purpose of service and includes such organizations as noncommercial clubs and lodges, theater groups, recreational and neighborhood associations, and cultural activities.
   SEMI-PUBLIC USE. The use of any land or building by a semi-public body.
   SPECIFIC USE PERMIT. A permit allowing a use that would not be appropriate generally or without restriction throughout a zoning district, but which, if controlled as to number, area, location, condition of operation, construction or arrangement, would be beneficial in a specific instance to the general welfare of the community. Such permit may be issued after public hearing of the Planning and Zoning Commission and approval by the City Council in districts in which a specific use permit for a use is permitted in Appendix A.
   STORAGE BUILDING. See STRUCTURE, ACCESSORY.
   STORY. The portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between the floor and the ceiling next above it.
   STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.
   STREET. A public or private right-of-way which affords a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, place or however otherwise designated, but does not include driveways to buildings.
   STREET; ALLEY. A public right-of-way, not more than 30 feet in width, which affords a secondary means of public or private access to property abutting thereon.
   STREET RIGHT-OF-WAY. The property line that bounds the right-of-way set aside for use as a street. Where sidewalks exist and the exact location of the right-of-way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as the right-of-way line.
   STRUCTURAL ALTERATION. Any change except for repair or replacement in the supporting members of a structure such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior of a structure.
   STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, and having a height of four inches or more except for patios, parking and loading facilities, walls, or fences.
   STRUCTURE, ACCESSORY. A structure incidental and subordinate to the principal use of the property and located on the same lot as the principal use.
   TRAILER OR MOTOR HOME. See RECREATIONAL VEHICLE.
   USABLE OPEN SPACE. The part of the ground area (improved or unimproved), roof, balcony, or porch which is designed or intended for outdoor living, recreation or utility space and may include recreational buildings or structures, but shall not include streets, driveways, parking and loading areas, or any other paved vehicular ways and facilities, as well as all required minimum front yard areas.
   USE. Any activity, functions or purpose to which a parcel of land or building is put and shall include the words used, arranged or occupied for any purpose, including all residential, commercial, business, industrial, public or any other use.
      (1)   USE, ACCESSORY. A use which is wholly incidental to and supportive of the principal use on the same lot.
      (2)   USE, PRINCIPAL. The primary purpose for which land or building is used as permitted by the applicable zoning district.
   VARIANCE. A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where a literal enforcement of this chapter would result in unnecessary and undue hardship.
   VEHICLE. Any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters, but shall not include tractors, construction equipment or machinery.
   YARD. The open space existing on the same lot with a principal building, unoccupied and unobstructed by buildings from the ground upward, between the lot line and the building line.
      (1)   YARD, FRONT. A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the principal building.
      (2)   YARD, REAR. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the principal building. On both corner and interior lots, the REAR YARD shall in all cases be at the opposite end of the front yard.
      (3)   YARD, SIDE. A yard extending from the front yard to the rear yard and being the minimum horizontal distance from the side lot line to the principal building.
      (4)   YARD, SIDE STREET. A yard adjacent to a street between the front and the rear lot line and being the minimum horizontal distance from the side lot line to the principal building.
(Ord. passed 4-4-2000)