(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) Words used in the present tense shall include the future tense; words in the singular number include the plural, and words in the plural number include the singular; the word PERSON includes a firm, partnership, or corporation as well as an individual; the word STRUCTURE includes the word BUILDING; the term SHALL is always mandatory and not discretionary; and the word MAY is permissive. The words USED or OCCUPIED, as applied to any land or building, shall be construed to include the words INTENDED or DESIGNED to be used or occupied.
ACCESSORY. Incidental to another use or structure on the same lot.
ALLEY. A minor right-of-way dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
ALTERATION. Any change to a resource because of construction, repair, maintenance, or other means, except for maintenance and repair which does not involve a change in design, material, color, or outer appearance.
APARTMENT HOUSE. A residential building, or a portion of a building, containing three or more dwelling units for occupancy by three or more families living separately from each other.
APPEAL. Obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized.
APPLICANT. The owner of record of a particular property, the lessee thereof with the approval of the owner of record in notarized form, or a person holding a bona fide contract to purchase a particular property, who makes application under this chapter.
BASEMENT. The portion of a building between floor and ceiling that is located partly below and partly above grade and has more than half its clear floor-to-ceiling height below the average grade of the adjoining ground abutting the exterior walls of the dwelling unit.
BATHROOM. A room containing a toilet that may also contain a lavatory, shower, or bathtub.
BED AND BREAKFAST. A dwelling other than a hotel where meals or lodging and meals for one or more persons are provided for compensation.
BERM. A strip of mounded topsoil, which provides a visual screen.
BOARD OF APPEAL. The Planning and Zoning Board and the City Common Council.
BOARDING HOUSE. A residential building or structure, or portion thereof, other than a hotel, lodge, or multi-family dwelling, providing temporary or long-term lodging for six or more guests, serving meals to those guests on a continuing basis for compensation, and having a manager residing on the premises, but not providing a restaurant or bar, or accessory uses, such as recreational facilities, typically associated with a hotel or lodge.
BUFFER ZONE. An area between land uses providing fencing, berms, mounds, plant material, or any combination thereof to act as visual or noise buffers.
BUILDABLE AREA OF A LOT. The portion of a lot bonded by the rear and side yards and front yard or the building setback lines.
BUILDING. Any structure, either temporary or permanent, having a roof or other covering, and designed and used for the shelter or enclosure of any person, animal, or property of any kind, including vehicles situated on private property and used for purposes of a building.
BUILDING INSPECTOR. The Inspector, or his or her authorized representatives, appointed by the Common Council to issue building and occupancy permits.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated. In any Residential District, any dwelling shall be deemed to be the MAIN BUILDING on the lot on which it is situated.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in § 155.062. The BUILDING SETBACK LINE is parallel to, or concentric with, the street right-of-way.
BUSINESS. All activities in which a person engages, or in which such person causes another to engage, with the object to gain benefit or advantage, whether direct or indirect.
CAMPING AREAS. A platted parcel of land separately owned and developed for commercial use, offering to the traveling public overnight parking spaces for trailer campers and/or tent sites.
CAR WASH. A structure, or portion thereof, containing facilities for washing motorized vehicles, using production-line, automated or semi-automated methods for washing, whether or not employing a chain conveyor, blower, steam-cleaning, or similar mechanical devices.
CARPORT. A roof projecting from the side of a building used to shelter a vehicle, which has open ends.
CERTIFICATE OF OCCUPANCY. A document issued by the city which states that the described portion of a building has been inspected for compliance with the requirements of the Uniform Building Code and division of occupancy, and the use for which the proposed occupancy is classified.
CHARITABLE ORGANIZATION. Any entity organized and/or operated in the city exclusively for religious or charitable purposes, no part of whose net earnings inures to the benefit of any private shareholder or individual.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, such buildings being maintained and controlled by a religious body organized to sustain public worship.
CODE ENFORCEMENT OFFICER. Any city employee or person employed under independent contract by the city who is appointed to enforce the laws of the city.
COMPREHENSIVE PLAN. The official document or elements thereof, adopted by the city, and intended to guide the physical development of the city, or a portion thereof. Such plan may include maps, plats, charts, policy statements, and the like.
CONSTRUCTION PROJECT. The erection, installation, alternation, repair, or remodeling of a building or structure upon real estate or any other activity for which a building permit is required under this code or an ordinance of the city.
CONTIGUOUS. A sharing of a common border at more than a single point of intersection and in such a manner that the shared boundaries are touching and not separated except by boundaries or private rights-of-way, watercourses, or water bodies, or other minor geographical divisions of similar nature running parallel and between the shared boundaries. CONTIGUITY is not the mere touching of points at intersections.
CONVENIENCE STORE/FUEL RETAIL. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail.
CUL-DE-SAC. A local street, one end of which is closed and consists of a circular turn around.
DAY CARE FACILITY. Includes a center, home, day nursery, nursery school, or other place however styled and whether operated under public auspices or as a private business in which participants are received for temporary custodial care apart from parents or guardians.
DECK. An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports.
DEMOLITION. The complete or partial removal of buildings, structures, objects, or sites, including appurtenances.
DEMOLITION BY NEGLECT. Improper maintenance or lack of maintenance of any resource, which results in substantial deterioration of the resource and threatens its continued preservation.
DEVELOPER. Any person who participates in any manner in the development of land.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, without limitation, building, repairing, replacing, or expanding, or enlarging, but not maintaining a building or other structure, or portion thereof, or mining, dredging, filling, grading, paving, or excavation.
DEVELOPMENT PERMIT. Any permit or authorization issued by the city as a prerequisite for undertaking any improvement to real property including, without limitation, building permits, planned unit developments, variances, height or conditional use permits, and nonconforming permits.
DRIVEWAY. The space or area of a lot that is specifically designated and reserved for the movement of motor vehicles within the lot or from the lot to a public street.
DUPLEX. A structure containing two dwelling units, each of which has direct access to the outside.
DWELLING. One or more rooms and a single kitchen designed as a unit for occupancy by only one family for cooking, living, and sleeping purposes.
DWELLING, MULTIPLE-FAMILY. A residential building designed for, or occupied by, three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
EASEMENT. The authorization by a property owner of the use by another and for a specified purpose of any designated part of that owner’s property.
EFFICIENCY LIVING UNIT. A dwelling unit that contains a bathroom and kitchen, and does not exceed a maximum floor area of 400 square feet.
ENGINEER. A professional who is registered with the State Engineering and Architectural Department as a professional engineer.
EROSION. The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
EXCAVATION. The removal of surface vegetation or the excavation of more than ten cubic yards of soil in a one-year period.
EXPANSION OF A STRUCTURE. Any addition of an exterior wall to the structure or any addition to the floor area of the structure, whether under, at, or above grade, and whether or not the external dimensions of the structure are changed.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing manufactured homes, including, without limitation, installation of utilities, final site grading, pouring of concrete pads, or construction of streets.
FAMILY. An individual, or a group of two or more persons related by blood, marriage, or adoption, including foster children and domestic servants.
FENCE. A freestanding structure of metal, masonry, wood, or any combination thereof resting on, or partially buried in, the ground and rising above ground level, and used for confinement, screening, or partition purposes.
FESTIVAL. Any fair, festival, or similar activity where patrons are charged admission or other fees for the privilege of watching or participating in entertainment, including, but not limited to, music shows, concerts, and revivals.
FLOOR AREA. The total square footage of all levels included within the outside walls, as measured from the exterior face of the exterior walls of a building, or portion thereof, but excluding courts and uninhabitable areas below the first floor level.
FLOOR AREA RATIO (FAR). The ratio of the floor area of a building to the area of the lot on which the building is situated.
FOUNDATION, MOBILE HOME. As per specs of the mobile home manufacturer.
FOUNDATION, PERMANENT. A support structure for a building, wall, or fence which is capable of supporting the weight, extends to below frost depth, is capable of resistance to wind uplift of the highest recorded winds in the area, and includes, but is not necessarily limited to, concrete caisson/grade beam, caissons, and spread footer types.
FRONTAGE, BUILDING. The horizontal, linear dimension of the side of a building that abuts a street, a parking area, a mall, or other circulation area open to the general public and that has either a main window display of the enterprise of a public entrance to the building.
FRONTAGE, STREET. The linear frontage of a lot or parcel abutting a private or public street that provides principal access to, or visibility of, the premises.
GARAGE. A fully enclosed building for the storage of motor vehicles.
GARAGE, REPAIR. A building in which facilities are provided for the care, servicing, and repair of equipping of motor vehicles.
GOVERNMENTAL FACILITY. A municipal, county, state, or federal structure, building, or use.
GRADE. The average elevation of the finished ground level at the center of all walls of a building. When walls are parallel to, and within five feet of, a sidewalk, GRADE means the sidewalk level.
GROUP CARE FACILITIES. A facility, licensed by the appropriate state or local agency, which provides resident service to individuals of who one or more are unrelated. These individuals are handicapped, aged, disabled, or in need of adult supervision. They are undergoing rehabilitation or are provided services to meet their needs. This category includes uses, licensed or supervised by any federal, state, or county health/welfare agency, such as group homes (all ages), halfway houses, resident schools, resident facilities, and nursing homes.
GROUP HOME FOR THE DEVELOPMENTALLY DISABLED. A state licensed facility for the exclusive use of eight or fewer developmentally disabled persons.
HEIGHT. The vertical distance from grade plane to the average height of the highest roof surface.
HISTORICAL MONUMENTS AND/OR STRUCTURES. Any antique structure, building, or geographical location existing and commonly associated with an outstanding event or period of history, and any structure or building in which the relics or mementos of such event or period are housed and preserved.
HOME OCCUPATION. A use that employs no more than one person who is a nonresident of the building which is clearly incidental and secondary to residential occupancy and does not change the character thereof, provided that no display, except a regulated sign, will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of a dwelling.
ILLUMINATION. To supply or brighten with light, which could be by a direct, indirect, or internal lighting system.
IMPERVIOUS SURFACE. Surfaces which generally do not absorb water. For the purposes of this chapter, IMPERVIOUS SURFACES consist of buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt.
IMPROVEMENTS. Street grading and surfacing, curbs and gutters, sidewalks, water mains and lines, sanitary and storm sewer, culverts, bridges, and other related utilities.
INDOOR AMUSEMENT ESTABLISHMENT. A commercial operation open to the public without membership requirements, including, without limitation, bowling alleys, indoor arcades, movie theaters, pool halls, and skating rinks.
INTERGOVERNMENTAL AGREEMENT. An agreement between the County Board and the governing bodies of urban growth areas, or other special focus areas regulating development within specific boundaries, as identified in the comprehensive plan.
JUNK YARD. A building, structure, or parcel of land or portion thereof, used for the collection, storage, dismantling, salvaging, demolition, or sale of junk on the premises for more than one week, but excludes such uses within enclosed buildings.
LAND SURVEYING. The locating, establishing, or relocating of any land boundary line or the locating of any United States government, state, county, township, municipal, or governmental land survey lines of any public highway, street, or road.
LANDSCAPED AREA. Any land set apart for planting grass, shrubs, trees, or similar living materials, including, without limitation, land in an arcade, plaza, or pedestrian area, and of which fences and walls may be a part.
LEGAL DESCRIPTION. A description of real property by lots, blocks, subdivision, or metes and bounds, but excludes an assessor’s tract number.
LIGHT SOURCE. Neon, florescent, or similar tube lighting, and incandescent bulb, including the light-producing elements therein, and any reflecting surface that, by reason of its construction or placement, becomes the LIGHT SOURCE.
LOT. A parcel of land which is, or may be, occupied by a single main building and its accessory buildings.
LOT AREA. The total horizontal area included within lot lines.
LOT, BUILDING. A parcel of land, including, without limitation, a portion of a platted subdivision, that is occupied, or intended to be occupied, by a building or use and its accessory buildings and uses, together with the yards required under the provisions of this code; that has not less than the minimum area, usable open space, building area, and off-street parking spaces required by code for a lot in the district in which such land is situated; that is an integral unit of land held under unified ownership in fee or co-tenancy, or under legal control tantamount to such ownership; and that is precisely identified by a legal description.
LOT, CORNER. A lot of which at least two adjoining sides abut for their full lengths on a street.
LOT, COVERAGE. The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT, DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot.
LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street, and which has two non-intersecting sides abutting on two or more streets.
LOT, FRONTAGE. The dimension of a lot, or portion of a lot, abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE, FRONT. In the case of an interior lot, the line separating said lot from the street. In the case of a corner or double frontage lot, the one separating said lot from that street which is designated as the front street in the request for building permit.
LOT LINE, REAR. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to, and farthest from, the front lot line, not less than ten feet long and wholly within the lot.
LOT LINE, SIDE. A side lot line is any lot boundary line not a front lot line or a rear lot line.
LOT LINES. The lines bounding a LOT, as defined in this section.
LOT OF RECORD. A lot, if part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of the county.
LOT, PLATTED. A lot that has been subdivided pursuant to a legal subdivision approval process, and is precisely identified by reference to a block and lot.
MAINTENANCE. The replacing, repairing, or repainting of a portion of a sign structure, periodic changing of bulletin board panels, or renaming of copy that has been made unusable by ordinary wear and tear, by nature, or by accident.
MANUFACTURED HOME. A structure used exclusively for human habitation, which is constructed on a permanent chassis in compliance with the National Manufactured Home Construction and Safety Standards Act, being 42 U.S.C. §§ 5401 et seq., formerly known as the National Mobile Home Construction and Safety Standards Act, subsequent to June 15,1976 (the effective date of said National Manufactured Home Construction and Safety Standards Act) and which is transportable in one or more sections.
MANUFACTURED HOME COMMUNITY. A parcel of land which has been planned and improved for the placement of manufactured or mobile homes for residential use, with a single control or ownership.
MEDICAL FACILITY. A facility providing health services for human care, including hospitals, laboratories, medical or dental clinics, training facilities, and staff offices.
MOBILE HOME. A structure used exclusively for human habitation, constructed in a manufacturing facility prior to June 15,1976 (the effective date of the National Manufactured Home Construction and Safety Standards Act, being 42 U.S.C. §§ 5401 et seq., formerly known as the National Mobile Home Construction and Safety Standards Act) and which is transportable on a permanent chassis. A MOBILE HOME shall be construed to remain a mobile home subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. A MOBILE HOME shall not be construed to be a recreational vehicle.
MOBILE HOME PARK. Any tract, area, or site, or plot of land, whereupon a MOBILE HOME, as is herein defined, is placed, located, or maintained, or intended to be placed, located, or maintained, and shall include all accessory buildings used, or intended to be used, as part of the equipment thereof.
MOBILE HOME SPACE. A plot of ground within a mobile home park design for the accommodation of one mobile home and its accessory structures.
MODULAR HOME. A structure used exclusively for human habitation consisting of finished units composed of two or more components designed to be joined into one integral unit not capable of being separated into its components for moving and towing, and designed to be placed on a permanent foundation with or without a basement. To be classed as a MODULAR HOME, the completed unit must meet with the specifications of the following:
(a) International Building Code, as adopted;
(b) National Electric Code, as adopted;
(c) Uniform Plumbing Code, as adopted; and
(d) International Mechanical Code, as adopted.
MOTEL ROOM, HOTEL ROOM, OR OTHER ACCOMMODATION. Any room or other accommodation in any hotel, apartment-hotel, motel, guest house, trailer court, or any such similar place to any person who, for a consideration, uses, possesses, or has the right to use or possess such a room or other accommodation for a temporary period of time.
MUNICIPAL UTILITY SERVICES. Distribution, collections, communication, supply, or disposal systems, including, without limitation, poles, wires, transformers, disconnects, regulators, water meters, mains, drains, sewer, pipes, conduits, cables, fire alarms boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories that are reasonably necessary for public utilities for the city to furnish adequate service, or for the public health, safety, or welfare.
NONCONFORMING BUILDING. Any building that does not conform to the requirements of this chapter, unless the nonconformity was approved as part of a planned unit development, as a second principal building on a lot, or as a variance.
NONCONFORMING LOT. Any lot that does not conform to the minimum lot area or frontage upon a required public street, unless the nonconformity was approved as part of a planned unit development.
NONCONFORMING USE. A building, structure, or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the zoning district in which it is located.
NOTICE or LEGAL NOTICES. Any requirement for informing a person or persons, a segment of the public, or the public generally. A NOTICE required to be published must be published in the city’s legal newspaper and can be published in any other newspaper of general circulation unless otherwise required by this code or an ordinance of the city.
OCCUPANT. Any person living in, sleeping, possessing, or otherwise using any land, building, or part thereof.
OFFICE. The principal use of a room(s) for the conduct of business by persons, including, without limitation, accountants, architects, attorneys, consultants, engineers, insurance salespeople, investment consultants, real estate brokers, or therapists, where there is no display of merchandise and the storage and sale of merchandise is clearly incidental to the service provided, but excluding medical or dental clinics or offices.
ORDINANCE. A permanent legislative act of the Common Council of a municipality within the limits of its power.
OWNER. A PERSON, as defined in this section, who, alone, jointly, or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor, or trustee) has legal or equitable title to any property in question.
PARCEL. The area within the boundary lines of a development.
PARKING LOT. An area, not within a building or other structure, where motor vehicles may be stored for the purpose of temporary, daily, or overnight off-street parking. A PARKING LOT shall include a motor vehicle display lot and a commercial parking lot.
PARKING SPACE, OFF-STREET. Consists of a space adequate for parking a motor vehicle with room for opening doors on both sides, together with properly-related access to a public street or alley and maneuvering room.
PARTY. To a hearing, means any interested person who requests a hearing, appears at a hearing, or submits a written entry of appearance at or before a hearing.
PAWN BROKERS. Any person who loans money on deposit or pledge of personal property, or other thing of value, or who deals in the purchasing of personal property or other thing of value on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property and takes possession of the property so mortgaged, or any part thereof, is a PAWN BROKER.
PERSON. Includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
PERSONAL SERVICE OUTLET. An establishment that provides personal services for the convenience of the neighborhood, including, without limitation, barber and beauty shops, shoe repair shops, self-service laundries, travel agencies, photographic studios, and automatic teller machines.
PETITIONER. An applicant, proponent, landowner, or agent.
PLACE OR EVENT OPEN TO THE PUBLIC. Any place or event, the admission or access to which is open to members of the public upon payment of a charge or fee. This term includes, without limitation, the following places and events when a charge or fee for admission to such places and events is imposed upon members of the public:
(a) Any performance of a motion picture, stage show, play, concert, or other manifestation of the performing arts;
(b) Any sporting or athletic contest, exhibition, or event, whether amateur or professional;
(c) Any lecture, rally, speech, or dissertation;
(d) Any showing, display, or exhibition of any type, such as an art exhibition; and
(e) Any restaurant, tavern, lounge, bar, or club, whether the admission is called a “cover charge,” “door charge,” or any other such term.
PLAT. A drawing or map on which a subdivision plan is presented during various stages of approval.
(a) FINAL PLAT. A plat of a tract of land, which meets the requirements of those regulations and is in form for recording in the office of the Register of Deeds.
(b) PRELIMINARY PLAT. The map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of this chapter, to permit the evaluation of the proposal prior to detailed engineering and design.
(c) SKETCH PLAT. The sketch map or maps of a proposed subdivision, drawn and submitted in accordance with the requirements of this chapter, to evaluate feasibility and design characteristics at an early stage in the planning.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the city.
POSSESSOR. Of real property, means a person not the owner of the property but who is responsible as lessee, caretaker, or otherwise for its care and upkeep, and is in control of the property.
PREMISES. Only that property over which the owner or keeper has full possession and control. The unenclosed property of a condominium or townhouse, or the common passageway, parking facility, or unenclosed common yard of an apartment building or shopping center are not PREMISES of an owner or keeper.
PRINCIPAL USE. The primary purpose for which land or a building is used.
PROPERTY. Real, tangible, and intangible personal property.
PUBLIC ENTRANCE. An entrance to a building or premises that is customarily used, or intended for use, by the general public. Examples of PRIVATE ENTRANCES not intended for use by the general public are fire exits, special employee entrances, and loading dock entrances.
PUBLIC HEARING. Unless otherwise specifically redefined, shall mean a public hearing pursuant to a notice published, in an official newspaper of the city, at least ten days prior to the date of such hearing which notice shall specify the general purpose, time, and place of such hearing. Any such hearing, after publication, may be continued, recessed, or adjourned from time to time without any further publication or notice thereof.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board duly authorized to furnish and maintain installation for the supply of electricity, oil, gas, communications, transportation, and water.
PUBLIC RIGHT-OF-WAY. Any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare.
REAL PROPERTY, PREMISES, REAL ESTATE, OR LANDS. Lands, tenements, and hereditaments.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on, or drawn by, another vehicle. For example, travel trailer, camping trailer, truck camper, and/or motor home.
RECREATIONAL VEHICLE PARK. A parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles or tents of the general public as temporary living quarters for recreation or vacation purposes.
RECREATIONAL VEHICLE SITE. A plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
RENTAL PROPERTY. All dwellings, dwelling units, and rooming units located within the city and rented or leased for any valuable consideration, but the term excludes dwellings owned by the federal government or the state, or any of their agencies or political subdivisions and facilities licensed by the state as health care facilities.
RESIDENTIAL STRUCTURE. Any structure that is used for the temporary or permanent residence of persons, including, without limitation, a dwelling, a boarding house, a hotel, a motel, and similar structures.
RESOLUTION. Any determination, decision, or direction of the Common Council of a municipality of a special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions, under the laws and ordinances governing the municipality.
RESTAURANT. An establishment provided with special space, sanitary kitchen, dining room equipment, and persons to prepare, cook, and serve, in consideration of payment, meals and drinks to guests.
ROOF. The cover of any building, including the eaves and similar projections.
ROOFLINE. The highest point on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on a parapet wall.
RUBBLE. Large brush, wood, large cardboard boxes or parts thereof, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked motor vehicle bodies or parts thereof, scrap metal, bed springs, water heaters, discarded furniture and all other household goods or items, demolition materials, used lumber, and other discarded or stored objects three feet or more in length, width, or breadth.
SANITARY SEWER. A municipal, community, or individual sewage collection and disposal system of a type approved by the State Department of Environmental Protection.
SETBACK. The minimum distance in linear feet measured on a horizontal plane between the outer perimeter of a structure and each of its lot lines. Where a building is to be erected on multiple platted lots, SETBACKS shall be measured from the boundaries of the parcel, which shall be made up of the multiple lots considered as a whole.
SIDEWALK. The portion of the sidewalk area paved or otherwise improved, designed, or ordinarily used for pedestrians and every such walk parallel and adjacent to a roadway.
SIDEWALK AREA. The area between the curb or a street and the adjacent property lines.
SIGN. A structure or device designed or intended to convey information to the public in written or picture form. The word SIGN includes the word BILLBOARD, or any other type of advertising device, but does not include the flag, pennant, or insignia of any nation, state, city, or other political unit. Types of SIGNS are defined in the following categories.
(a) ADVERTISING SIGN. A sign which directs attention to a business commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises and only incidentally on the premises if at all.
(b) BILLBOARD. A type of advertising sign having more than 100 square feet of display surface which is either erected on the ground or attached to, or supported by, a building or structure.
(c) BUSINESS SIGN. A sign which directs attention to the business or profession conducted on the premises. A “For Sale,” “To Let,” or “Information” sign shall be deemed a BUSINESS SIGN.
(d) POLE SIGN. A type of ground sign at least ten feet above the ground supported on a single post or pole most commonly associated with gasoline service stations.
(e) ROOF SIGN. A detached sign erected, constructed, or maintained above the roof of any building.
TEMPORARY SIGN. Any sign, banner, pennant, valance, or advertising display constructed of wood, metal, cloth, canvas, light fabric, cardboard, wall board, or other light material, with or without frames, where either by reason of construction or purpose the sign is intended to be displayed for a short period of time only.
SINGLE-FAMILY DWELLING. A building designed to be occupied exclusively by one family.
SITE PLAN. A required submission, which is a detailed engineering drawing of the proposed improvements required in the development of a given lot.
STORAGE UNIT. An enclosed building for the storage and care of personal property on a commercial basis.
STORM WATER. Any flow occurring during or following any form of normal precipitation and resulting therefrom.
STREET. The entire width between the property boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and includes, without limitation, alleys, or the entire width of every way declared to be a public highway by any law.
STRUCTURE. Any construction or piece of work composed of parts joined together in some definite manner including, but not limited to, buildings, mobile homes, sheds, decks, signs, storage bins, and sidewalks, but excluding private walkways, driveways, parking areas, streets, and patios.
TAVERN. An establishment serving malt and vinous liquids for retail consumption on the premises.
TOWNHOUSE. A multi-unit dwelling in which the ownership of each dwelling unit consists of a separate fee simple estate on an individually platted lot, together with an undivided fee simple interest in the common elements, if any.
TRANSACTION. Any contract, any sale or lease of any interest in land, material, supplies, or services, or any granting of development right, license, permit, or application.
UNDERTAKING or PROJECT. Any demolition of any building or structure, or historic resource, and any other action or contemplated action which requires a permit under any ordinance adopted by the city, including the Uniform Building Code, as adopted and/or amended, by the Common Council.
UNIFORM BUILDING CODES. The Uniform Building Code as officially adopted by the city.
URBAN GROWTH AREAS. Areas with specific boundaries identified herein which may utilize negotiated intergovernmental agreements and supplemental ordinances to regulate development in accordance with the city’s comprehensive plan.
USE. The purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term PERMITTED USE or its equivalent shall not be deemed to include any nonconforming use.
USE ON REVIEW. A use not allowed within a given district unless certain conditions are met. The conditional use must be a use, which is desirable to the zone itself. The city may require substantial conditions to be met by the use to mitigate negative impacts. For example, a private nursery school in a residential area. The use is desirable within the district, but the nature of the use is such that special precautions need to be taken to protect neighbors from undue traffic, noise, and inconvenience.
WATERCOURSE. A portion of the floodway area functioning as a natural or improved channel carrying flows not constituting a flood, a stream, a creek, a pond, a sloughs, a gulch, an arroyo, a reservoir, or a lake. The term includes, without limitation, established natural and human-made drainage ways for carrying storm run-off, but does not include irrigation ditches.
YARD. An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that a building or structure may be located in a portion of a yard required for a main building. In measuring a YARD, for the purpose of determining the width of the side yard, the depth of a front yard, or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.
YARD, REAR. A space on the same lot with the principal building, between the rear line of the building and the rear line of the lot and extending the full width of the lot, which is unoccupied except for permitted accessory structures.
YARD, SIDE. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a sideline.
ZONING DISTRICT. Any portion of the city for which the regulations governing the use of land and structures are uniform.
ZONING MAP. The zoning district map of the city, adopted as a part of this chapter, as amended from time to time as provided therein.
(Prior Code, § 152.005) (Ord. 2018-01, passed 5-21-2018)