§ 154.016 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABUT. Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.
   ACCESSORY BUILDING.
      (1)   A subordinate building, the use of which is purely incidental to the main building, is less than 100% of the area of the largest floor of the principal building, and is unattached from the principal building by at least six feet.
      (2)   A conditional use permit may be granted for an ACCESSORY BUILDING to be built on a separate vacant lot if the lot is adjacent to (or across the street from) a lot with the principal building on it, and both lots are owned by the same party; or if the ACCESSORY BUILDING is to be built toward the rear of the otherwise vacant lot leaving sufficient area for a principal structure of equal or larger size to be placed on the lot in compliance with the requirements of this chapter. The conditional use permit must be applied for pursuant to §§ 154.490 through 154.494. Appropriate requirements, restrictions and/or conditions may be made a part of any approved conditional use. A building permit shall not be issued and construction of the ACCESSORY BUILDING may not commence or proceed unless and until the conditional use has been granted by the Board of Adjustment following proceedings before the Planning Commission.
      (3)   No bedroom or kitchen facilities are allowed in an ACCESSORY BUILDING unless it is attached to a dwelling and meets codes and ordinances pertaining to the same.
      (4)   Water and sewer lines may be connected to an ACCESSORY BUILDING, but if the ACCESSORY BUILDING is not attached to a principal structure that is already connected to water and sewer lines, then a separate meter shall be required for the hookup which shall be subject to all associated fees and charges according to this code.
   ACCESSORY USE. A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal uses.
   ACTUAL CONSTRUCTION. The placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially commenced, preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be ACTUAL CONSTRUCTION, provided that work shall be carried on diligently.
   ADDITION. Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room.
   AGRICULTURE.
      (1)   The planting, cultivating, harvesting and storage of grains, hay or plants, fruits or vineyards along with the raising and feeding of livestock and/or poultry shall be considered an AGRICULTURAL USE if:
         (1)   The volume of livestock does not constitute an animal feeding operation as defined in this section; and
         (2)   The proposed operation complies with §§ 90.55 through 90.59 of this code of ordinances.
      (3)   An animal feeding operation primarily for the growing and/or finishing of livestock is not considered an AGRICULTURAL USE. Grain elevators or agricultural product processing facilities shall not be considered an AGRICULTURAL USE if such use constitutes the main or principal use on a lot or parcel.
   AGRICULTURE PRODUCT PROCESSING FACILITY. A business activity customarily designed to process raw agricultural products into value added products. AGRICULTURAL PROCESSING FACILITIES include, but are not limited to, feed mills, ethanol plants, soybean processing, packing plants and rendering facilities.
   AIRPORT. The Winner Regional Airport located north of and owned by the City of Winner.
   AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area, which is established to be 2,032 feet above main sea level.
   AIRPORT HAZARD. Any structure or tree or use of land that obstructs the airspace required for, or is otherwise hazardous, to the flight of aircraft in landing or taking off at the airport. Any use of land that is hazardous to persons or property because of its proximity to the airport.
   AIRSPACE ZONE, CONICAL. All that land which lies directly under an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of 20 to one (20:1) for a horizontal distance of 4,000 feet.
   AIRSPACE ZONE, HORIZONTAL. All that land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 2,188 feet above mean sea level, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.
   AIRSPACE ZONE, NON-INSTRUMENT APPROACH. All that land which lies directly under an imaginary non-instrument visual approach surface longitudinally centered on the extended centerline at the end of each landing strip. The inner edge of the non-instrument approach surface is at the width and elevation as, and coincides with, the primary surface. The non-instrument approach surface inclines upward and outward at a slope of 20 to one (20:1), expanding uniformly to a width of 1,250 feet, and then continuing at the same rate of divergence to the periphery of the conical surface.
   AIRSPACE ZONE, PRIMARY. All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and extending 200 feet beyond each end of a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is 250 feet.
   AIRSPACE ZONE, TRANSITIONAL. All that land which lies directly under an imaginary transitional surface extending upward and outward and right angles to the runway centerline and the runway centerline extended at a slope of seven to one (7:1) form the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface.
   ALLEY. A platted 20-foot right-of-way, accepted by the city, that affords only a secondary means of access to abutting property and access for utilities.
   ANIMAL FEEDING OPERATION. A facility where more than 1,000 animal units are confined, stabled, fed or maintained in either an open or housed lot for a total of 45 days or more in any 12-month period. The open lot does not sustain crops, vegetation, forage growth or post-harvest residues in the normal growing season. Two or more facilities under common ownership are a single animal operation if they adjoin each other (within one mile), or if they use a common area or system for the disposal of manure.
   APARTMENT. A portion of a multi-family dwelling used as a separate housing unit and having cooking facilities and a private bath.
   APPLICANT. For purposes of this chapter a person shall be deemed to be an APPLICANT if he or she are the owner of the proposed facility; an officer or director of the owner thereof; or an owner of any interest, direct or indirect, in any company, except a publicly traded company, which is the owner of the proposed development.
   ARCADE. A place of business where an individual, association, partnership or corporation maintains four or more amusement devices for public use.
   BAR. A building or part thereof where, in consideration of payment therefor, liquor, beer or wine or any combination thereof are served for consumption on the premises, with or without food.
   BASEMENT. The portion of a building with the floor located below the mean grade level. For the purpose of this chapter, any such floor with more than four feet above grade level shall be counted as a story.
   BED AND BREAKFAST OPERATION. Any building or buildings run by an operator which is used to provide accommodation for a charge to the public, with at most five rental units for up to an average of ten guests per night and in which family style meals are provided.
      (1)   FAMILY STYLE MEAL. Any meal ordered by persons staying at a bed and breakfast establishment that is served from common food service containers, as long as any food not consumed by those persons is not reused.
      (2)   OPERATOR. The owner or the owner’s agent is required to reside in the bed and breakfast establishment or on contiguous property while occupied.
   BLOCK. The property abutting on one side of a street and lying within the two nearest intercepting or intersecting streets or lying within the nearest intercepting streets and unsubdivided acreage or railroad right-of-way.
   BOARD OF ADJUSTMENT. The City Council shall serve as the BOARD OF ADJUSTMENT.
   BUILDABLE AREA. The portions of a lot remaining after required yards and setbacks have been provided.
   BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by fire walls in compliance with the Building Code, each portion of such building so separated shall be deemed a separate building.
   BUILDING, HEIGHT OF. The vertical distance from the average elevation of the finished grade at the building line to the highest point of a flat roof, or the deck line of a mansard roof, or the average height of the highest gable or gambrel, hip or pitch roof.
   BUILDING LINE, FRONT. A line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.
   BUILDING, PRINCIPAL. A building in which is conducted the main use of the lot on which said building is located.
   BUILDING SETBACK LINES. A line parallel or approximately parallel to the lot lines at a specified distance therefrom, marking the minimum distance from the lot line that the building may be erected.
   BUS DEPOT. A building or premises where commercial motor vehicles pick up and discharge fare-paying, passengers. Accessory uses may include ticket offices, luggage checking facilities and similar uses.
   CAMPER. See TRAVEL TRAILER.
   CAMPGROUND. An area of land, managed as a unit, providing short-term accommodation for tents, tent trailers, travel trailers, recreational vehicles, campers and cabins.
   CANNABIS (or MARIJUANA). All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of 1% on a dry weight basis.
   CANNABIS CULTIVATION FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
   CANNABIS DISPENSARY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
   CANNABIS ESTABLISHMENT. A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
   CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
   CANNABIS PRODUCTS. Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
   CANNABIS TESTING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
   CAR WASH. An establishment having facilities for washing motor vehicles by production line methods which may include a conveyor system or similar mechanical devices. This definition may also include a self-service operation.
   CARPORT, DETACHED. A roof with no more than two walls used as a shelter or storage of vehicles that is not attached to any structure.
   CEMETERY. Land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. CEMETERY may include a structure for the purpose of the cremation of human remains and may include facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments.
   CHURCH. A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.
   CLINIC. A building or part of a building used solely for the purpose of consultation, diagnosis and treatment of patients by one or more legally qualified physicians, dentists, optometrists, podiatrists, chiropractors or drugless practitioners, together with their qualified assistants, and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associate with the clinic, but shall not include accommodation for in-patient care or operating rooms for major surgery.
   CLUB. A building owned, leased or hired by a non-profit association of persons the use of which is generally restricted to dues paying members and their guests. Such CLUB may periodically be rented, or leased, to non-members for gathering such as weddings, anniversaries and dances, but no portion of the building shall continuously be used for business purposes.
   COMPANY. Includes, but is not limited to, any corporation, partnership, limited liability company, limited liability partnership, limited partnership, business trust and any other business entity.
   COMPREHENSIVE PLAN. Any legally adopted part or element of the city’s COMPREHENSIVE PLAN or any subsequent amendment.
   CONDITIONAL USE. A use that would not be appropriate, generally or without restriction, throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, convenience, appearance, prosperity or general welfare. Such uses may be permitted in said zoning district as CONDITIONAL USES, if specific provision for such conditional use is made in this chapter. The term conditional use shall be synonymous with special exception, but shall no include the term variance.
   CONGREGATE HOUSING. A residential facility for elderly persons (age 60 or older) within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social, medical and counseling appointments.
   CONTIGUOUS. Next to, abutting or touching and having a boundary, or portion thereof, which is adjoining.
   CONTRACTOR. The person who contracts with an individual or developer to construct a building or structure on a parcel of land prepared by an individual or developer.
   CONVENIENCE STORE. A retail store in which articles for sale are restricted to a limited range of items such as milk, bread, soft drinks, malt beverages, include beer and wine coolers (on- and off- sale), ice cream, canned and bottled goods, snacks and candy, meat, and to complement such items may include the limited sale of magazines, books and records, housewares, toiletries, stationary, tobacco products and motor fuel.
   COURT. Any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on three or more sides by the walls of a building.
   COVENANT. An agreement, convention or promise of two or more parties, by deed in writing, signed and delivered, by which either of the parties pledges himself or herself to the other that something is either done, or shall be done, or shall not be done. The term is currently used primarily with respect to promises in conveyance or other instruments relating to real estate.
   DAY CARE. The providing of care and supervision of children or adults as a supplement to regular parental or home care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.
   DAY CARE CENTER. A facility for the care and supervision of 21 or more children on a regular basis for part of a day as a supplement to regular parental care. Any type of group day care programs including nurseries for children of working parents, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for pre-school children, programs covering after-school care for school children provided such establishment is licensed by the state and conducted in accordance with state requirements.
   DAY CARE, FAMILY. The provision of regular care and supervision of no more than 12 children including the provider’s own children who are under the age of six years for part of a 24-hour period as a supplement to regular parental care.
   DAY CARE, GROUP FAMILY HOME. The provision of regular care and supervision of 13 to 20 children either in the provider’s home or in a facility outside the provider’s home for part of a 24-hour period as a supplement to regular parental care.
   DECK. A structure abutting a dwelling with no roof or walls except for visual partitions and railings that is constructed on piers or a foundation above-grade for use as an outdoor living area.
   DEVELOPER. The owner of the property being platted or replatted or the person designated by the owner as being responsible for the development of the property. The terms SUBDIVIDER and DEVELOPER are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee and trustee thereof who does or participates in the doing of any act toward the subdivision of land within the intent, scope and purview of this chapter. The DEVELOPER shall also be defined as the builder or contractor if he or she is responsible for the construction of buildings and/or structures or permanent improvements.
   DORMITORY. A building or part of a building operated by an institution and containing a room or rooms forming one or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.
   DUE DILIGENCE. Such a measure of prudence, activity or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances; not measured by any absolute standard, but depending on the relative facts of the special case.
   DWELLING. A building or portion thereof, occupied exclusively as the residence of one or more persons with each family having individual sleeping, cooking and toilet facilities.
   DWELLING, EFFICIENCY UNIT. A dwelling unit having only one room exclusive of bathroom, compartments, kitchen, laundry, pantry, foyer, communicating corridor, closets or any dining alcove. An EFFICIENCY UNIT shall be permitted in a multiple-family dwelling.
   DWELLING, MULTI-FAMILY. A residential building designed for, or occupied by, three or more families living independently of each other with separate sleeping, cooking and toilet facilities. The number of families in residence not to exceed the number of dwelling units provided.
   DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a manufactured or modular home, designed for and occupied by one family.
   DWELLING, TWO-FAMILY. A residential building, other than a manufactured or modular home, designed for and occupied by two families living independently of each other with separate sleeping, cooking and toilet facilities. The number of families in residence not to exceed the number of dwelling units provided.
   DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities, which are used or intended to be used for living, sleeping, cooking and eating.
   EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of their property. For the purposes of this chapter, the term shall primarily be used to describe utility access.
   EMPLOYEE(S). In regard to off-street parking requirements, all who work in the enterprise, including owners.
   ESSENTIAL SERVICES. See UTILITY FACILITY.
   EXHIBITION AREAS. A building, group of buildings or place where art, objects, articles or livestock or agricultural projects are placed on display or sold to the public.
   EXISTING MOBILE HOME PARK. Any site, lot, field or tract of land upon which three or more occupied mobile homes are parked and connected to utilities, either free of charge or for revenue purposes, and shall include any buildings, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park.
   FAMILY. Any number of individuals living together as a single housekeeping unit, in which not more than five individuals are unrelated by blood, marriage or adoption. This definition shall not include foster families as regulated by the state.
   FARM, HOBBY. An activity carried out in rural residential areas, which includes the planting, cultivating, harvesting and storage of grains, hay, plants, fruits or vineyards.
   FARM, RANCH, ORCHARD. 
      (1)   An area of not less than 20 acres of unplatted land, or is a part of a contiguous ownership of not less than 80 acres of unplatted land, which is used for growing usual farm products, vegetables, fruits, trees and grain, and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, hogs and sheep, and including the necessary accessory uses for raising, treating and storing products raised on the premises; but excluding an animal feeding operation.
      (2)   The processing and storage of raw agricultural products, such as grain elevators and ethanol plants, shall not be considered a FARM, RANCH or ORCHARD if such constitutes the main or principal use on the lot or parcel.
   FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.
   FINANCIAL INSTITUTIONS. The premises of a bank, trust, finance, mortgage or investment company.
   FLAMMABLE OR COMBUSTIBLE LIQUIDS or HAZARDOUS MATERIAL.
      (1)   FLAMMABLE MATERIAL. Any material that will readily ignite from common sources of heat, or that will ignite at a temperature of 600°F or less. FLAMMABLE LIQUID is any liquid having a flash point below 100°F and having vapor pressure not exceeding 40 pounds per square inch (absolute) at 100°F.
      (2)   COMBUSTIBLE LIQUID. Any liquid having a flash point at or above 100°F.
      (3)   HAZARDOUS MATERIAL. Includes any flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, pyrophoric materials and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.
   FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of wetlands, lakes, streams, tributaries or other waterbodies; and/or
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.
   FLOOD HAZARD BOUNDARY MAP (FHBM). The official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated Zone A.
   FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without an accumulative increase in the water surface.
   FLOOR AREA. The square feet of floor space within the outside line of walls including the total of all space on all floors of a building. FLOOR AREA shall not include porches, garages or space in a basement or cellar, which is used for storage or incidental use.
   FOOD PRODUCT PROCESSING FACILITY. A commercial establishment in which food or food-related products are processed, packaged or otherwise prepared for human consumption but not consumed on the premises.
   GARAGE. An accessory building or portion of a building including a carport which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to the residential occupancy and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use.
   GARAGE, PUBLIC. A building or portion thereof used for the housing or care of motor vehicles for the general public or where such vehicles are equipped or repaired for remuneration or kept for hire or sale. This may include premises commonly known as GASOLINE STATIONS or SERVICE STATIONS.
   GASOLINE STATION. Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, and oil or other lubrication substances; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning such vehicles.
   GOLF COURSE. A public or private area operated for the purpose of playing golf, and includes a par 3 golf course, clubhouse and recreational facilities, accessory driving ranges and miniature golf courses, and similar uses.
   GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building except when any wall approximately parallels and is not more than five feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be GRADE.
   GRAIN ELEVATOR. Grain storage facilities, which are the principal and primary use of the lot. Said facilities are generally equipped with devices for housing and discharging significant quantities of grain. This definition does not include normal farm product storage and warehousing facilities such as grain bins and where such storage is an accessory use to the parcel.
   GREENHOUSE, COMMERCIAL. A building for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail.
   HEIGHT. For the purpose of determining the height limits in airport zones, the datum shall be mean sea level elevation, unless otherwise specified.
   HOME OCCUPATION. A business activity customarily carried on in the home by a member of the occupant’s family:
      (1)   That does not occupy more than 25% of the dwelling;
      (2)   Without structural alterations in the building or any of its rooms;
      (3)   Without the installation or outside storage of any machinery, equipment or material other than that customary to normal household operations;
      (4)   Without the employment of persons not residing in the home; and
      (5)   Which does not cause the generation of traffic in excess of that experienced on an average street of similar design, noise, electrical interference, fumes, odors and the like.
   HORTICULTURE. The science or art of cultivating fruits, vegetables, flowers and plants.
   HOSPITAL. An institution devoted primarily to the operation of facilities of the diagnosis, treatment and cure of disease, illness, injury or other abnormal physical conditions with provisions for keeping patients overnight.
   HOTEL. An establishment of transient guests having sleeping rooms for more than six persons for compensation and may or may not provide meals.
   INSTITUTION. A building or premises occupied by a non-profit corporation or establishment for public use.
   JUNK YARD. Any area, lot, or location where two or more junked vehicles, deteriorated, wrecked, dismantled or partially dismantled mobile homes, trailers, boats, machinery, refrigerators, washing machines and other appliances, furniture, building materials, plumbing fixtures, tires, plastic, wood, wastepaper, concrete rubble, green hides or other articles are loaded or stored. See also SALVAGE YARD.
   KENNEL. Any place where two or more dogs, cats or other domesticated animals of breeding age are housed, groomed, bred, boarded, trained, harbored, kept or sold for commercial purposes.
   LANDING AREA. The area of the airport used for landing, taking off or taxiing of aircraft.
   LANDING STRIP. Any grass or turf covered area of the airport specifically designated and used for the landing and/or take-off of aircraft. See RUNWAY.
   LOADING AREA. A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
   LOCKER. A meat processing plant and any other facility where meat, poultry or eggs are cooked, cured, smoked or otherwise processed or packed, provided that all activities are carried out indoors. This term shall not include a stockyard, slaughterhouse, tannery, a poultry-killing establishment, an animal food factory or an animal by-products plant.
   LOT. A tract, plot or portion of subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
   LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.
   LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
   LOT COVERAGE. The percent of the area of a lot occupied by buildings, or structures, including accessory building or structures.
   LOT, DEPTH. The horizontal distance between the midpoint of the front and rear lot lines.
   LOT, DOUBLE FRONTAGE. A lot having frontage on two non-intersecting streets, as distinguished from a corner lot.
   LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street or where addressed. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards as defined herein.
   LOT FRONTAGE, PIE SHAPED. A lot usually abutting a cul-de-sac. For the purpose of determining frontage, said distance shall be measured perpendicularly to the said lot lines at a point 30 feet from the front line.
   LOT, INTERIOR. A lot, other than a corner lot, with only one frontage on a street.
   LOT LINE. Any boundary line of a lot.
   LOT LINE, EXTERIOR. The side lot line, which abuts the street on a corner lot.
   LOT LINE, FRONT. Customarily defined by the street right-of-way.
   LOT LINE, REAR. The lot line or point of intersection of the side lot lines farthest from and opposite the front lot line.
   LOT LINE, SIDE. A lot line other than a front or rear lot line.
   LOT OF RECORD. A lot that is part of subdivision or otherwise legally approved and recorded in the office of County Register of Deeds.
   LOT, THROUGH. A lot, other than a corner lot, with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.
   LOT WIDTH. The average distance between the lot lines intersecting the addressed lot frontage.
   MAJOR STREET PLAN. The transportation plan in the adopted city’s comprehensive plan.
   MANUFACTURED HOME. Dwellings built according to the National Manufactured Housing Construction and Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq., (establishing and amending the Construction and Safety Standards codified in 24 C.F.R. part 3280). MANUFACTURED HOMES are not mobile homes.
   MANUFACTURED HOME PARK. Any premises where two or more manufactured homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for two or more manufactured homes for living or sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended wholly or in part, for manufactured homes.
   MANUFACTURING. The use of land, buildings or structures for the purpose of building, manufacturing, assembly, making, preparing, inspecting, finishing, treating altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article, thing or service.
   MASSAGE ESTABLISHMENT. Any premises or part thereof where massages are given, offered or solicited in pursuance of a trade or calling, business or occupation provided that the service is rendered by a person duly trained, licensed and registered under the appropriate statute.
   MOBILE HOME. A transportable, factory-built home, designed as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 16, 1976.
   MODULAR HOME. A structure or building module that is manufactured in accordance with the Building Code at a location other than the site upon which it is installed and used as a residence; transportable in one or more sections on a temporary chassis or other conveyance device; and to be used as a permanent dwelling when installed and placed upon a permanent foundation as defined in the Building Code.
   MOTEL. A building or group of buildings containing rooms that are offered for compensation for the temporary accommodation of transients.
   MUSEUM. A building or buildings used, or to be used, for the preservation of a collection of paintings and/or other works of art, and/or of objects of natural history, and/or of mechanical, scientific and/or philosophical inventions, instruments, models and/or designs and dedicated or to be dedicated to the recreation of the public, together with any libraries, reading rooms, laboratories and/or other offices and premises used or to be used in connection therewith.
   NONCONFORMING LOT. A lot of record existing prior to March 4, 2002, which does not have the minimum width or contain the minimum area for the zone in which it is located.
   NONCONFORMING STRUCTURE. A lawful structure which exists prior to March 4, 2002, which could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yard setbacks or other characteristics of the structure.
   NONCONFORMING USE. A lawful use of land, which exists prior to March 4, 2002, which would not be lawful in the district in which it is situated under the terms of this chapter.
   NOXIOUS. When used with reference to any use or activity in respect of any land, building or structure or a use or activity which, from its nature or from the manner of carrying on same, creates or is liable to create, by reason or destructive gas or fumes, dust, objectionable odor, noise or vibration or unsightly storage of goods, wares, merchandise, salvage, machinery parts, junk, waste or other material, a condition which may become hazardous or injurious as regards to health or safety or which prejudices the character of the surrounding are or interferes with or may interfere with the normal enjoyment of any use of activity in respect of any land, building or structure. Application of the term NOXIOUS shall be subject to the reasonable person standard.
   NUISANCE. Consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:
      (1)   Annoys, injures or endangers the comfort, repose, health or safety of others;
      (2)   Offends decency;
      (3)   Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or
      (4)   In any way renders other persons insecure in life, or in the use of property.
   NURSING HOME, REST HOME, CONVALESCENT HOME. A place which undertakes through its ownership or management to provide maintenance, personal or nursing care for three or more persons who by reason of illness, physical deformity or old age are unable to care for themselves.
   OBSTRUCTION. Any structure or vegetation that substantially blocks the vision of people.
   OFFICE. A building or part thereof, designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or the administration of an industry not conducted on the site thereof, but shall not include a retail commercial use, any industrial use, clinic, financial institution or place of amusement or place of assembly.
   OPEN SALES AREA. Any open land or area used or occupied for the purpose of displaying for sale new or secondhand merchandise, including, but not limited to, passenger cars or trucks, farm machinery, construction machinery, motor scooters or motorcycles, boats, trailers, aircraft and monuments. No repair work is done in such area except for incidental repair of items to be displayed and sold on the premises.
   OUTDOOR STORAGE AREA. Any open land or area used for the purpose of storage of any product or part of a product before, during or after manufacture, servicing or repair and not displayed for retail sale. This does not include open sales areas.
   OWNER. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.
   PARK. An area consisting largely of open space, which may include a recreational area, playground or similar use but shall not include a mobile home park, a campground or trailer park.
   PARKING LOT. A parcel of land devoted to unenclosed parking spaces.
   PARKING, OFF-STREET. Parking on or adjacent to the property on which the principal use is located and not located in the right-of-way.
   PARKING SPACE. A space available for parking of a motor vehicle with the dimensions of ten feet by 20 feet or covers 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
   PAWNSHOP. An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker.
   PERFORMANCE STANDARDS. Criterion established for the purposes of:
      (1)   Assigning proposed land uses to proper districts; and
      (2)   Controlling noise, odor, glare, smoke, toxic matter, vibration, fire or explosive hazards generated by, or inherent in, uses of land or buildings.
   PERMITTED USE. A use by right, which is specifically authorized in a particular zoning district.
   PERSON. Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, governmental or quasi-governmental entity.
   PLACES OF ASSEMBLY. Places where people gather or congregate for amusement, worship, learning and the like. This includes schools, churches, theaters, playgrounds and the like.
   PLANNING COMMISSION. The Planning Commission of the City of Winner. The term PLANNING COMMISSION shall be synonymous with Planning and Zoning Commission and Commission, but shall not include Board of Adjustment or Zoning Board.
   PLAZA. A public square or similar open area.
   PRINCIPAL USE. The main use of land or structures as distinguished from a secondary or accessory use.
   PUBLIC. Promotion of a public cause or service, including utilities having a franchise from the city, but excluding other for-profit organizations.
   PUBLIC BUILDING. Any building which is owned, leased, primarily used and/or primarily occupied by a school district or municipal, county, state or federal government, or any subdivision or agency of the school district, municipal, county, state or federal government.
   PUBLICLY TRADED COMPANY. A company, the shares or other interests in which are regularly traded on the New York Stock Exchange, the American Stock Exchange, NASDAQ or similar recognized security market.
   QUARRY. A place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine.
   RECREATIONAL BUILDING, COMMUNITY. Publicly owned or operated gymnasium or similar indoor facility including swimming pools, handball or tennis courts and related uses.
   RECREATIONAL EQUIPMENT. Includes boats and boat trailers, personal watercraft, snowmobiles, travel trailers, pick-up campers or coaches, designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, and case or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
   RECYCLING CENTER. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.
   RENT-ALL SHOP. A building or part of a building where residential and commercial equipment is kept for rental to the general public and includes such things as lawn and garden tools, floor cleaning equipment, masonry tools, painting and decorating equipment, moving tools, plumbing tools and power tools.
   REPAIR SHOP, AUTO BODY. A general industrial establishment for the repair of damage to a motor vehicle caused by collision, accident, corrosion or age, and, without limiting the generality of the foregoing, includes the reconstruction of motor vehicles, the painting or repainting of motor vehicles and the rebuilding or conversion of automotive engines or engine parts, but does not include a motor vehicle repair shop, an impounding yard, an automobile service station or a gas station.
   REPAIR SHOP, MOTOR VEHICLE. A service commercial or general industrial establishment for the repair or replacement of parts in a motor vehicle and without limiting the generality of the foregoing, shocks, transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling systems, ignition systems, mechanical or electrical parts or systems, the installation of undercoating, engine tuning, lubrication and engine conversion or replacement, but does not include an auto body repair shop, an impounding yard, an automobile service station or a gas station.
   RESIDENTIAL CARE FACILITY. A family home, group care facility or similar facility for 24- hour non-medical care of persons in need of personal services, supervision or assistance for sustaining the activities of daily living or for the protection of the individual.
   REST HOME. See NURSING HOMES.
   RESTAURANT. A business establishment consisting of a kitchen and dining room that has a primary purpose to prepare and serve food to be eaten by customers seated in the dining room.
   RESTAURANT, DRIVE-IN. A business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to eat either off or on the premises or within automobiles parked on the premises.
   RESTAURANT, IN-HOUSE. A private business establishment consisting of a kitchen, with or without a dining room, whose primary purpose is to prepare and serve food to be eaten by employees of the principal employer. For the purposes of this chapter, the term CAFETERIA shall be synonymous with RESTAURANT, IN-HOUSE.
   RETAIL STORE. A building where goods, wares, merchandise, substances, articles or items are offered or kept for sale at retail, including storage of limited quantities of such goods, wares, merchandise, substances, articles or items sufficient only to service such store.
   RETAINING WALL. A structure constructed to hold back or support an earthen bank.
   RIGHT-OF-WAY. An area of land that is legally described for the provision of public access.
   RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and the public right-of-way.
   ROAD OR STREET LINE. The dividing line between a lot, tract or parcel of land and a contiguous road, street or alley.
   ROADSIDE STAND. A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.
   RODEO GROUNDS. A building or place where rodeo events such as roping and riding are done for practice or competition.
   RUNWAY. Any paved surface of the airport that is specifically designated and used for the landing and/or take-off of aircraft.
   SALVAGE YARD. The use of more than 250 square feet of open storage on any lot, portion of lot or tract of land for the sale, storage, keeping or for the abandonment, dismantling or wrecking of automobiles or other vehicles, machines or parts thereof.
   SATELLITE DISH/RECEIVER. A device incorporating a reflective surface that is solid, open mesh or bar configured and is the shape of a shallow dish or cone designed and used for the reception of television signals related back to earth from a terrestrially and/or orbital based communications satellite.
   SCHOOL, BOARDING. A school under the sponsorship of a private agency, corporation or religious entity, having a curriculum generally equivalent to public elementary or secondary schools, accredited by the state and provides room and board for its students; but excluding private trade or commercial schools. Day care centers, as herein defined, shall not be considered schools as applicable to this definition.
   SCHOOL, DENOMINATIONAL OR PRIVATE. A school under the sponsorship of a private agency, corporation or religious entity, having a curriculum generally equivalent to public elementary or secondary schools and accredited by the state; but excluding private trade or commercial schools. Day care centers, as herein defined, shall not be considered schools as applicable to this definition.
   SCHOOL, PUBLIC. A school under the sponsorship of a public agency providing elementary or secondary curriculum, and accredited by the state; but excluding private trade or commercial schools.
   SCHOOL, TRADE OR COMMERCIAL. An establishment other than an accredited or licensed public, private or denominational school, offering training or instruction in art, occupation or trade.
   SCREENING. A continuous fence, wall, compact evergreen hedge or combination thereof, supplemented with landscape planting that would effectively screen the property, which it encloses and is broken only by access drives and walks.
   SECONDHAND SHOP. The use of land, or building or structure or part thereof where used goods, wares, merchandise, substances or articles are offered or kept for sale but shall not include a pawnshop.
   SECURITY DWELLING UNIT. A building or portion thereof designed for occupancy by a security employee.
   SELF-STORAGE WAREHOUSE. A building containing separate, individual self-storage units divided from the floor to the ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short-term basis to the general public for private storage of personal goods, materials and equipment.
   SERVICES. Establishments, primarily engaged in providing services for individuals, business and government establishments and other organizations, including hotels and other lodging places, establishments providing personal business, repair and amusement services, health, legal, engineering and other professional services, educational institutions, membership organizations and other miscellaneous services.
   SETBACK. The minimum horizontal distance from a lot line, to a wall of the building, exclusive of permitted projections. The SETBACK shall be measured at right angles to such lot lines.
   SIGHT TRIANGLE. The triangular space formed by the street lines of a corner lot and a line drawn from a point in one street line to a point in the other street line, each such point being 30 feet from the point of intersection of the street lines (measured along the street lines). Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. In the case of arterial highways intersecting with other arterial highways or railways, the distances establishing the SIGHT TRIANGLE shall be increased to 50 feet.
   SIGN. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
   SIGN, BANNER. A temporary sign, which has a maximum area of 12 square feet, composed of lightweight material either enclosed or not in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere (i.e., pennants, twirling signs, balloon or other gas-filled figures, ribbons or other similar moving devices) and intended to be displayed for a limited period of time.
   SIGN, BULLETIN BOARD. An exterior sign, which has a maximum area of 35 square feet, used by public, charitable and religious institutions for the purpose of informing the public about activities of their organization.
   SIGN, DIRECTIONAL OFF-SITE. An exterior sign that is generally informational, that has a purpose secondary to the use of the primary use on a property that is not adjacent to the property on which the directional off-site sign exists. Said sign shall include only those signs placed by a political subdivision and shall include those signs standardized by the State Department of Transportation.
   SIGN, DIRECTIONAL ON-SITE. An exterior sign that is generally informational, that has a purpose secondary to the use of the property on which it is located, such as “no parking”, “entrance” and “loading only”. Said sign shall conform to standards adopted or approved by the regulating public agency.
   SIGN, EASEMENT AND UTILITY. An exterior sign, which has a maximum area of five square feet, used to identify the location of easements, property lines, utilities, hazards or otherwise providing notice of restrictions on public access.
   SIGN, EXTERIOR ON-SITE. An exterior sign, which has a maximum area of 200 square feet, relating in subject to the premises upon which it is located, or to products, accommodations, services or activities on the premises. EXTERIOR ON-SITE SIGNS do not include signs erected by outdoor advertising industry in the conduct of the outdoor advertising business, such as billboards, which are off-site signs.
   SIGN, FLAG. Any fabric or bunting containing distinctive colors, patterns or symbols, which has a maximum area of 20 square feet and is used as a symbol of government, political subdivision or other entity.
   SIGN, GROUND AND MONUMENT.
      (1)   An exterior sign permanently attached to the ground to identify churches, schools, institutional and public uses. Said sign may also identify a specific neighborhood by displaying the name of the tract.
      (2)   GROUND AND MONUMENT SIGNS:
         (1)   Are generally constructed of concrete or other masonry material;
         (2)   Shall not exceed 20 feet in height above the mean centerline street or grade;
         (3)   Shall meet a minimum of one-half of the yard requirements for the district in which it is located; and
         (4)   Shall not exceed 100 square feet on one side or 200 square feet on all sides of any one premises.
   SIGN, MOUNTED WALL. A sign, which has a maximum area of 100 square feet, that is attached to or erected against a wall of a building and shall project no more than 12 inches from the wall of the building. Said sign is intended to be read from directly in front of the face of the building.
   SIGN, NAME AND ADDRESS PLATE. A sign, which has a maximum area of two square feet, that is affixed to the side of a building informing the public as to the residents, occupation and/or street address of the building.
   SIGN, OFF-SITE. A sign, which has a maximum area of 200 square feet, other than an exterior or interior on-site sign. OFF-SITE SIGNS are more conventionally known as BILLBOARDS regardless of size.
   SIGN, PORTABLE. Any sign, which has a maximum area of 20 square feet, not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T-frames; menu and sandwich board signs. Signs attached to or painted on vehicles parked and visible from the public right-of-way shall not be included in this definition and shall be prohibited unless said vehicle is used in normal day-to-day operations of the business. Said sign is intended to be displayed for a limited period of time.
   SIGN, PROJECTING. Any sign, which has a maximum area of 100 square feet and is a minimum of eight feet above the prevailing grade, that is affixed to a building or wall in such a manner that its face is perpendicular to the face of the building and the sign extends more than 12 inches beyond the surface of such building or wall.
   SIGN, REAL ESTATE. An exterior sign for the purpose of advertising the sale, rental, lease of real property. Said sign is located on the premises for sale, rental or lease and shall be of a temporary nature and shall have a maximum area of four square feet except in the commercial, highway commercial or industrial districts where the maximum area shall be 32 square feet.
   SIGN, ROOF. Any sign, which has maximum area of 300 square feet, that is erected upon, against or directly above a roof or on top of the parapet of a building.
   SLOPE. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude.
   STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
   STORY, HALF. A space under a sloping roof that has the line of intersection of roof decking and wall face not more than four feet above the top floor level.
   STREET. A right-of-way greater than 20 feet in width established by a recorded plat to provide the primary means of access to abutting property.
   STREET, ARTERIAL. A street to allow for traffic movement through the city.
   STREET, COLLECTOR. A street gathering traffic from local streets and providing access to arterial streets.
   STREET LINE. See ROAD OR STREET LINE.
   STREET, LOCAL. A street providing access to nearby areas within the city.
   STREET, PUBLIC. A platted right-of-way accepted by the city that is greater than 20 feet in width.
   STRUCTURAL ALTERATION. Any change or rearrangement of the supporting members (such as bearing walls, beams, columns, foundations, poles or girders) of a building, or addition to a building, or movement of a building, from one location to another.
   STRUCTURE. Anything constructed or erected, the use of, which requires location on the ground or that it be attached to something having a location on the ground but not including utility lines and their normal accessory equipment excluding sidewalks and driveways that conform to zoning regulations.
   SWIMMING POOL. A water-filled enclosure, permanently constructed or portable, having a depth of more than 24 inches below the level of the surrounding land, or an above ground pool, having a depth of more than 30 inches, designed used and maintained for swimming and bathing.
   TANK FARM. A facility having two or more storage containers for the transfer of inorganic liquids or gases and from which no retail sale of fuel to the public is or may be conducted.
   THRIFT SHOP. A shop operated by a charitable organization, which sells, donated and used merchandise only. All such merchandise shall be displayed and/or stored in an enclosed building.
   TOWER. A structure situated on a nonresidential site that is intended for transmitting or receiving television, radio or telephone communications, including those used exclusively for governmental dispatch communications.
   TRAILER CAMP OR TOURIST GROUND. See CAMPGROUND.
   TRAILER COURT OR PARK. The five trailer courts or parks that existed prior to March 4, 2002 legally described as:
      (1)   Lots 5, 6, 7, 8, Block 4, Original Town Addition;
      (2)   Lots 4, 5, Block 1, Cooper’s Addition;
      (3)   Lots A, B, C, E, F, less Lot 1 of Block E, Flynn’s Addition;
      (4)   Lots A and B, less the west 20 feet of Lot A and less the north 112.2 feet of the east 253.5 feet of Lot B, Dreyer’s Subdivision; and
      (5)   S. 100p of Lots 1-2, Eagleton’s Outlot B; E. 100 feet Lot A, Boreson’s Addition; Lots 7 and 8, Block 1, Eagleton’s 2nd Addition.
   TRAVEL TRAILER. An object designed for accommodation intended and used exclusively for travel, recreation and a vacation and which is capable of being drawn or propelled by a motor vehicle or is self-propelled and includes tent trailers or similar transportable accommodation, but does not include a mobile home.
   TRUCK OR EQUIPMENT TERMINAL. A building, structure or place where five or more commercially licensed trucks or trailers are rented, leased, kept for hire or stored or parked for compensation, or from which trucks or transports, stored or parked on the property, are dispatched for hire as common carriers, and which may include warehouse space.
   USE. The purpose for which a lot or a building or structure, or any portion thereof, is designed, arranged, intended, occupied or maintained, and “used” shall have a corresponding meaning.
   UTILITY FACILITY. Any above-ground structures or facilities, other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities, owned by a governmental entity, a non-profit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil or electronic signals.
   UTILITY SHED. A small moveable structure without a foundation separate from, but associated with, a main building used for storage of yard and garden equipment.
   VARIANCE. A relaxation of the terms of this chapter by the Board of Appeals where the literal enforcement of this chapter would deny to the property enjoyed as a right by other property owners within the same zoning district. VARIANCES shall be limited to height, bulk and yard requirements.
   VETERINARY CLINIC. A building or part of a building used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention. Such clinics may or may not provide long-term lodging for ill or unwanted animals, or lodging for healthy animals on a fee basis. No outside runs, pens or facilities shall be permitted.
   VETERINARY SERVICES. A building or part of a building used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention. Such clinics may or may not provide long-term lodging for ill or unwanted animals, or lodging for healthy animals on a fee basis.
   VIDEO RENTAL SHOP. The use of land, building or structure for the purpose of renting video cassette recorders and/or video disc players and/or the rental of video tapes and/or discs.
   VISION CLEARANCE. An unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. See SIGHT TRIANGLE.
   WAREHOUSE. A building or part of a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard.
   WHOLESALE. The sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business even if the said trade of business is the consumer or end user of the commodity.
   YARD. An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted, and except for permitted accessory buildings in rear yards.
   YARD, FRONT. A yard extending across the full width of a lot between the front lot line and the nearest portion of any structure serving or attached to any building or structure on the lot.
   YARD, REAR. An open, unoccupied space extending across the rear of a lot from one side lot line to the other side lot line.
   YARD, SIDE. A yard or open space on each side of the main building extending from the side lot line to the side wall of the building, exclusive of permitted projections and from the front yard to the rear yard, when an accessory building is constructed as part of the main building, the SIDE YARD requirements shall be the same for the accessory building as required for the main building.
   ZONE. An area within which, in accordance with the provisions of this chapter, certain uses of lands, buildings and structures are permitted and certain others are prohibited, where yards and other open spaces are required, where lot areas, building height limits and other requirements are established, all of the foregoing being identical for the zone and district in which they apply.
   ZONING ADMINISTRATOR. An official of the city hired by the city to administer and enforce the zoning regulations.
(Prior Code, Ch. 16, Art. 2) (Ord. 737, passed - -; Ord. 783, passed - -; Ord. 800, passed - -; Ord. 824, passed - -; Ord. 858, passed - -; Ord. 1014, passed 11-1-2021)