For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A subordinate building, structure or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use.
ALLEY. A public-right-of-way 30 feet or less in width, which affords secondary access to abutting property.
APARTMENT. A room or suite of rooms which is designed for, intended for or occupied as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, overall painting or paint job; vehicle steam cleaning.
AUTOMOBILE REPAIR - MINOR. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks.
BASEMENT. A portion of a building located partially underground by having more than one-half its floor to ceiling height below the average land grade.
BOARDING HOUSE. A building other than a hotel where, for compensation by pre arrangement for definite periods, meals or lodging and meals are provided to three or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more then ten persons.
BUILDING. Any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy.
BUILDING AREA. The portion of a lot remaining after required yards have been provided.
BUILDING HEIGHT. A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
CARPORT. A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on three sides.
CELLAR. The portion of a building having more than one-half of the floor to ceiling height below the average land grade.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CHURCH. A building together with its accessory building 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.
CLUB or LODGE. A club or lodge is a non-profit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on the premises providing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed; providing, the serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals; and, providing further that, the serving of alcoholic beverages is in compliance with the applicable federal, state and city laws.
CONDITIONAL USE. An activity or use of the land, which because of special problems of control intrinsic in the use, requires reasonable but special, unusual and extraordinary limitations for the protection of the public welfare and the integrity of the city’s land use plan.
CONDITIONAL USE PERMIT. A permit, issued by the Council in accordance with the procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
CONDOMINIUM. A multiple dwelling containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to applicable provisions of state statutes.
CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
DAY CARE CENTER (GROUP). A service provided to the public, in which children of school or pre-school age are cared for during established business hours. No overnight accommodations are provided and children are delivered and removed daily. At least 50 square feet of fenced play area per pupil shall be provided.
DAY CARE HOME. Restricted to a family dwelling in which foster care, supervision and training for children of school or pre-school age out of their own home is provided during part of the day (less than 24 hours) with no overnight accommodations or facilities and children are delivered and removed daily. The number to be cared for in one DAY CARE HOME shall not exceed ten, not including the family’s own children, and all licenses shall be obtained.
DETOXIFICATION FACILITY (SUB-ACUTE). A short-term health care and evaluation center designed for the safe, supervised withdrawal from alcohol and drugs, the evaluation of the patient’s involvement and possible dependency on chemical substances and to refer patient to appropriate programs.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.
DOG KENNEL. Any place where three dogs or more over six months of age are commercially board, bred and/or offered for sale, excluding a veterinary clinic.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding houses.
DWELLING, MANUFACTURED. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations; it shall be located on a permanent foundation constructed of block, poured concrete or wood in accordance with the Building Code standards so that the floor of the structure is no greater than 24 inches above exterior finished grade; and connected to utilities, and the like. The unit may be built under the state’s Mobile Home Code. In addition, the housing must have a shingled roof with a pitch of no less than two and one-half inches to 12 inches and house-type siding including simulated stucco, aluminum lap siding and simulated wood. No such house shall have a width of less than 20 feet at its narrowest point.
DWELLING, MOBILE HOME. A detached residential dwelling unit designed for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, it shall be located on jacks or other temporary or permanent foundations and connected to utilities and the like. A travel trailer is not to be considered as a MOBILE HOME.
DWELLING, MULTIPLE (APARTMENT). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.
DWELLING, SINGLE-FAMILY. A detached dwelling unit designed exclusively for occupancy for one family.
DWELLING, TWO-FAMILY. A dwelling designated exclusively for occupancy by two families living independently of each other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including, hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers.
EARTH SHELTERED. A building so constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth, and all applicable Building Code standards are satisfied. Partially-completed buildings shall not be considered EARTH SHELTERED.
ELECTRONIC SIGNS. A sign, display or device that changes message copy on the sign by means of light emitting diodes (LED), fiber optics, light bulbs, liquid crystal display or other illumination devices with the display area.
(Added 4-19-2008)
ESSENTIAL SERVICES. Gas, electric, steam, sewer, communication or water transmission collection, supply, disposal or distribution systems operated by public utilities, municipal or other governmental agencies.
FAMILY. One or more persons each related to the other by blood, marriage, adoption or foster care, or a group of not more than five persons not so related maintaining a common household and using common cooking and kitchen facilities.
FLOOR AREA (BUSINESS-COMMERCIAL). The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.
GARAGE - PRIVATE. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business or industry is carried on. The space can be rented to non-residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers or equipment; provided that, not more than one-half of the space is rented to persons not resident on the premises; except that, all the space in a garage of one- or two-car capacity may be so rented. PRIVATE GARAGES’ parking spaces and carports are to be used for licensed and operable passenger cars and trucks, not to exceed a gross capacity of 9,000 pounds as regulated by the off-street parking provisions of this chapter.
GARAGE - PUBLIC. A building or portion of a building, except any herein defined as a private garage or as a repair garage used for the storage of motor vehicles or where any such vehicles are kept for remuneration or hire, and in which any sale of gasoline, oil and accessories is only incidental to the principal use.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
HOME OCCUPATIONS. Any gainful occupation engaged in by the occupants of a dwelling at or from the dwelling. The activity shall be clearly incidental and secondary to the residential use of the premises. Permissible HOME OCCUPATIONS shall not include the conducting of a retail business other than by mail, manufacturing business or a repair shop of any kind on the premises, except television, shoe and small appliance repair, and no stock in trade shall be kept or sold, except that which is clearly accessory to the principal use. No other than persons residing on the premises shall be employed and no mechanical equipment shall be employed that is not customarily found in the home and no more than one room may be devoted to HOME OCCUPATION use. The HOME OCCUPATION shall not require internal or external alterations or involve construction features not customarily found in dwellings. The entrance to the space devoted to the occupations shall be within the dwelling. There shall be no exterior display, no exterior signs except as allowed in the sign regulations for the zoning district in which the HOME OCCUPATION is located. There shall be no exterior storage of equipment or materials used in the HOME OCCUPATIONS. No HOME OCCUPATION shall be permitted which results in or generates more traffic than one car for off-street parking at any one given point in time. Permissible HOME OCCUPATIONS include, but are not limited to the following: beauty shops; art studio; dressmaking; special offices of clergyman, lawyer, architect, engineer, accountant or real estate agent or appraiser, when located in a dwelling unit occupied by the same; and teaching, with musical, dancing and other instruction limited to one pupil at a time.
HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including but not limited to, scrap metals, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation, having not less than the minimum area required by this chapter for a building site in the district in which the lot is situated and having its principal frontage on a street, or a proposed street approved by the Council.
LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to the date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and open spaces as required by this chapter and having its principal frontage upon a street.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT LINE. A property boundary line of any lot held in single or separate ownership; except that, where any portion of the lot extends into the abutting street or alley, the LOT LINE shall be deemed to be the street or alley right-of-way.
LOT WIDTH. The horizontal distance between the side lot lines measured at the building setback line.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way (chord) within the lot boundaries.
LOT, FRONTAGE. The front of a lot shall be for the purposes of complying with this chapter, that boundary abutting a public right-of-way having the least width. The owner of a corner lot may select either street line as the front lot line; providing, the resulting setbacks will be compatible with the existing or future setbacks of the adjoining properties subject to approval by the Building Inspector or Zoning Administrator.
LOT, INTERIOR. A lot, other than a corner lot, including through lots.
LOT, THROUGH. A lot fronting on two substantially parallel streets.
MINING USE. Those uses commonly associated with excavating of natural earth-bearing ore or non-metallic or metallic metals. Uses subject to state’s pollution control standards.
MOBILE HOME, INDEPENDENT. A mobile home which is constructed to utilize a public water and sewer system, for external source of electric service and an external source for heating and shall be equipped with a stool, shower or tub, and laundry facilities.
MOBILE HOME PARK, DEPENDENT. An approved mobile home park which has underground utility service to each site and also restroom and washing facilities as specified by the state.
MOBILE HOME PARK, INDEPENDENT. An approved mobile home park which has underground utility service to each site and only permits independent mobile homes.
MOTEL - MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.
MOTOR FREIGHT TERMINAL (TRUCK TERMINAL). A building in which freight brought by motor truck is assembled and sorted for routing in intra-state and interstate shipment.
MOTOR FUEL STATION. A place where gasoline (stored only in underground tanks) kerosene, motor oil and lubricants are retailed directly to the public on premises. MOTOR FUEL STATION may include sale of vehicle related minor accessories and minor auto repair, but not automobile major repair.
NON-CONFORMING STRUCTURE OR USE. Any structure or use which on the effective date of this chapter does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.
NURSING HOME (REST HOME). A building having accommodations where care is provided for two or more invalids, infirm, aged convalescent or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums or similar institutions.
OFF-STREET LOADING SPACE. A space accessible from the street, alley or way, in a building or on the lot for the use of trucks while loading or unloading merchandise or materials. The space shall be of a size as to accommodate one truck of the type typically used in the particular business.
OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling and/or renting merchandise and for the storing of same prior to sale.
PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below and/or above grade.
PARKING SPACE. An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile, which has adequate access to a public street or alley and permitted satisfactory ingress for an automobile.
PERMITTED USE. A use which may be lawfully established in a particular district or districts; provided, it conforms with all requirements, regulations and performance standards (if any) of the districts.
PLANNED UNIT DEVELOPMENT. A tract of land developed as a unit rather than as individual development wherein buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries. The PLANNED UNIT DEVELOPMENT must be developed in compliance with the provisions of this chapter.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
PRODUCTION PHASE WECS. Professionally designed wind machines that are built in significant numbers on a continuing basis after testing. Wind machines made from professionally designed kits will be considered PRODUCTION PHASE WECS.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units.
RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24-hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person’s own home. RESIDENTIAL FACILITIES include, but are not limited to, state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs of schools for handicapped children.
RESTAURANT. An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.
SENIOR CITIZEN HOUSING. Multiple dwelling building with open occupancy generally governed by HRA regulations.
SETBACK. The minimum horizontal distance between a building and street or lot line. Distances are to be measured from the most outwardly extended portion of the structure at ground level.
SIGN - PORTABLE. A sign that is not solidly affixed to the ground, a building or any other structure and is capable of being easily and readily moved whether on wheels, skids or any other type of attachment to facilitate its movement or having thereon a base or method of bracing to facilitate and allow the sign to be easily and conveniently moved and displayed with the sign having no fixed or permanent place and/or location.
SINGLE-FAMILY ATTACHED. Two single-family dwellings with a zero lot line on one side sharing a common wall, with the common wall and all jointly owned or jointly utilized facilities including, but not limited to, decks, utility lines and driveways being governed under a declaration of covenants and restrictions approved by the city, and filed with the County Recorder.
STORY. The portion of a building included between the upper surface of a floor and upper surface of floor next above; except that, the topmost STORY shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar, or unused underfloor space is more than six feet above grade, as defined herein, for more than 50% of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, the basement, cellar or unused underfloor space shall be considered as a STORY.
STRUCTURE. Anything which is built, constructed or erected, an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character.
TOWNHOUSES. Structures housing three or more dwelling units of not more than two stories each and contiguous to each other only by the sharing of one common wall, the structures to be of the town or row house type as contrasted to multiple-dwelling apartment structures. No single structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of the activity, as defined by the standards of this chapter or by conditions imposed on particular uses.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute USABLE OPEN SPACE.
VARIANCE. The waiving by Council action of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.
WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use.
WIND ENERGY CONVERSION SYSTEM (WECS). Any device such as a wind charger, windmill or wind turbine which converts wind energy to a form of usable energy.
YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A YARD extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located.
YARD, FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the principal building.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the principal building and extending from the front line of the lot to the rear yard.