For the purpose of interpreting this Chapter, certain terms are herein defined. Except as defined herein, all other words used in this Chapter shall have their customary dictionary meanings. Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is always mandatory. The word "lot" includes the word "plot" or "parcel". The word "building" includes the word "structure". The word "used" or "occupied", as applied to any land or buildings, shall be construed to include the words "intended, arranged, or designed to be used or occupied". The word "Maps" or "Zoning Maps", "Dakota City Zoning Maps" or "Official Zoning Maps of Dakota City", shall mean the "Official Zoning Maps of the City of Dakota City, Nebraska" and the area comprising its one mile extra territorial zoning jurisdiction.

The following definitions shall be applied throughout this Chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.

Accessory use or structure. A use or structure on the same lot with and of a nature customarily incidental and subordinate to, the principal use or structure.

Alley. A minor public thoroughfare within a block on which the rear of building lots generally abut and which is generally used for service purposes.

Apartment. A part of a building consisting of a room or rooms intended, designed, or used as a residence for three or more families or house-holds; also known as multi-family residence.

Automobile service station. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:

A.

Sale and servicing of spark plugs, batteries, and distributors and distributor parts;

B.

Tire servicing and repair, but not recapping or re-grooving;

C.

Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;

D.

Radiator cleaning and flushing;

E.

Washing and polishing, and sale of automotive washing and polishing materials;

F.

Greasing and lubrication;

G.

Providing and repairing fuel pumps, oil pumps, and lines;

H.

Minor servicing and repair of carburetors;

I.

Emergency wiring repairs;

J.

Adjusting and repairing brakes;

K.

Minor motor adjustments not involving removal of the head or crank-case or racing the motor;

L.

Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for automobile service stations; and

M.

Provision of road maps and other information material to customers; provision of restroom facilities.

Uses permissible at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in automobile service stations. An automobile service station is not a repair garage nor a body shop.

Automobile wrecking yard. Any lot, or the use of any portion of a lot, for the dismantling or wrecking of automobiles, tractors, farm machinery, or other motor vehicles, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking.

Boarding house. A residential establishment other than a hotel or motel where sleeping and eating accommodations are offered to four or more persons, not members of a family, for compensation.

Building, height. The vertical distance from the established curb level to the highest point of the building.

Building setback line. A line indicating the minimum horizontal distance permitted between the front of a building or structure and a street right-of-way line.

City. The City of Dakota City, Dakota County, Nebraska.

Court. An open space on the same lot within a building, unoccupied and unobstructed from its lowest level upward.

Court, inner. A court surrounded on all sides by walls, or walls and an inside lot line.

Court, outer. A court extending to an opening upon a street, alley or yard.

Curb level. The level of the established curb in front of the building.

District. A section or sections of the zoning area for which these regulations governing the use of land, the height of buildings, the size of yards and the intensity of use are uniform.

Dwelling, single-family. A building having one dwelling unit and having independent and outside access.

Dwelling, two-family. A building having two dwelling units and also known as a duplex.

Dwelling, multi-family. A building used by or designed for three or more dwelling units, each independently containing cooking facilities.

Dwelling unit. A building, or portion thereof, providing complete and permanent living facilities for one family.

Exception. An exception is 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, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning districts as exceptions, if specific provision for such exceptions is made in this Ordinance.

Family. One or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit; or a group of not more than four unrelated persons living together as a single housekeeping unit; plus, in either case, usual domestic servants. A family shall under no circumstances be construed as a boarding house, fraternity or sorority house, club, lodging house, hotel or motel.

Farmstead. An area of 20 acres or more on which is located at least one farm residence and on which farm products of a value of $1,000.00 or more are normally produced each year.

Farm residence. Residential dwellings located on a farmstead including mobile homes appurtenant to agricultural operations including the living quarters for persons employed on the premises.

Feedlot. A feedlot shall mean the confinement of horse and food animals in building lots, pens, pools, or ponds which normally are not used for raising crops or grazing animals.

Frontage. The length of the property abutting on one side of a street measured along the dividing line between the property and the street.

Garage. A building used only for the housing of private motor vehicles, not used for repair, hire or sale.

Garage, community. A series of private garages located jointly on a common lot having no public shop or service in connection therewith and with a capacity of not more than five automobiles. Community garages may exceed five automobile capacity, provided the lot whereon such community garage is located shall contain 500 square feet for each automobile stored.

Garage, private. A garage with a capacity for not more than three motor-driven vehicles for storage only.

Garage, public. A garage other than a private garage used for housing or care of more than three self-propelled vehicles, where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

Grade.

A.

For buildings having walls facing one street only, the elevation of the sidewalk at the center of the wall facing the street shall be the grade.

B.

For buildings having walls facing more than one street, the grade shall be the average of the grades (as defined in A above) of all walls facing each street.

C.

For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade. Any wall approximately parallel to and not more than five feet from a street line is considered as facing the street.

Home occupation. An occupation conducted in a dwelling unit, provided that:

A.

No more than one other person in addition to members of the family, residing on the premises shall be engaged in such occupation.

B.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 30 percent of the floor area of the dwelling shall be used in the conduct of the home occupation.

C.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building.

D.

The home occupation shall be carried on entirely within the principal residential structure and under no circumstances shall the home occupation be carried on within a detached accessory building.

E.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

F.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

G.

No mechanical or electrical equipment shall be used other than that which is normally used for purely domestic or household purposes.

H.

No outdoor storage of materials or equipment used in the home occupation shall be permitted.

Hotel. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, and in which there are more than 12 sleeping rooms usually occupied singly, and no provision made for cooking in any individual room or apartment.

Junk yard. (See Salvage Yard).

Lodginghouse. A building, other than a hotel, where lodging is provided for four or more persons, not members of a family, for compensation.

Lot. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.

Lot, corner. A lot at the junction of and fronting on two or more intersecting streets.

Lot depth. Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot frontage. The front of a lot shall be construed to be the portion nearest the street. For the purposes 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" in this article.

Lot, interior. A lot other than a corner lot.

Lot lines. The legal division between two lots.

Lot of record. A lot which is part of a subdivision recorded in the office of the Registrar of Deeds or a lot or parcel described by metes and bounds the description of which has been so recorded.

Lot, through. An interior lot having frontage on two parallel, or approximately parallel streets and also known as a double fronted lot.

Lot width. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points where they intersect with the street line, shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, or on loop streets, where the 80 percent requirement shall not apply.

Major recreation equipment. Major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches, designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not, and shall include the term Recreational Vehicle.

Mobile home. Any transportable dwelling unit designed and constructed on a chassis that is capable of being transported after fabrication on its own wheels, or detachable chassis and wheels. This shall include double-wide mobile homes.

A.

Permanently Attached. Attached to real estate owned by the title holder of the mobile home in such a way as to require dismantling, cutting away, unbolting from foundation or structural change in such mobile home in order to relocate it on another site.

B.

Modular Home. (Does not include double-wide mobile homes.) Any prefabricated structure of conventional construction used for dwelling purposes moved on to a site in essentially complete constructed condition, in one or more parts and when completed is a single-family unit on a permanent foundation, attached to the foundation with permanent connections. Modular homes shall be considered single-family dwellings for purposes of this Ordinance.

Mobile home park. Any area of land upon which one or more mobile homes are parked, connected to utilities and used by one or more persons for living or sleeping purposes. A mobile home parked in the area can either be placed on a permanent foundation or supported only by its wheels, jacks, blocks, or skirtings or a combination of these devices. A mobile home park includes any premises set apart for supplying to the public parking space, either free of charge or for revenue purposes for one or more mobile homes, connected to utilities and used by one or more persons for living or sleeping purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park; and shall include any buildings, structures, tents, vehicles, or enclosures used or intended for use or intended wholly or in part for the accommodation of automobile transients.

Nonconforming structure. A structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district which it is located.

Nonconforming use. An existing use of a structure or land which does not conform with the regulations of the district in which it is situated as established by this regulation or any amendments thereto.

Parking space. A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile not less than 160 square feet, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of that automobile without the necessity of moving another automobile.

Place. An open unoccupied space permanently reserved for purposes of access for abutting property.

Permanent foundation. The masonry or concrete substructure of a structure which directly supports the structure around its entire perimeter and at points within its perimeter where needed.

Recreational vehicle. (See Major Recreational Equipment).

Salvage yard. Any lot, or the use of any portion of a lot, for the dismantling of machinery, farm machinery, and including motor vehicles or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk including scrap metals or other scrap materials, with no burning permitted.

Service station. (See Automobile Service Station).

Sign. Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business but shall not include any display of official notice or official flag.

Signs, on-site. A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Signs, off-site. A sign other than an on-site sign.

Stable, private. A stable with a capacity for not more than three horses or mules.

Stable, public. A stable with a capacity for more than three horses or mules.

Story. That portion of a building, other than a basement, included between a floor and the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

Story, half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story.

Street. A public thoroughfare or road 40 feet or more in width.

Structural alteration. Any addition to or subtraction from any building, including walls, columns, beams, girders, foundations, porches, garages, rooms, doors and windows.

Structure. Anything constructed or erected, including a building which has permanent foundations on the ground, or anything attached to something having a permanent location on the ground.

Tourist court, motor court, or motel. A single building with two or more sleeping rooms or apartments, or a series of buildings containing one or more sleeping rooms or apartments each, which are, at any time, held out to the public for rent on a daily basis, and the primary purpose therefore being the accommodation of transient guests or tenants.

Traveled way. The portion of a roadway of a street or highway used for the movement of vehicles, exclusive of shoulders, and auxiliary lanes.

Variance. A variance is a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district or because of conditions created by the landowner.

Yard. An open space, unoccupied and unobstructed by a structure of any sort from the ground upward.

Yard, front. A yard extending from the front lot line adjoining a public street to the front of the building between side lot lines.

In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 30 inches, and no hedge or other vegetation shall be permitted which materially impeded vision across such yard between the heights of 30 inches and ten feet.

In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage unless otherwise provided in the district regulations.

In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations: 1) at least one front yard shall be provided having the full depth required generally in the district; 2) no other front yard on such lot shall have less than half the full depth required generally.

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. The front lot line and the inner edge of the front yard shall be parallel.

Yard, rear. The open space, unoccupied except by an accessory building between the rear line of the lot and the rear line of the main building.

Yard, side. An open, unoccupied space between the closest portion of the building to the side line and said side line of the lot.

Zone or district. A section of the Zoning Area for which uniform regulations governing the use, height, area, size and intensity of the use of buildings, land, and open spaces about buildings are herein established.

Zoning administrator. The person or persons authorized and empowered by the Governing Body having jurisdiction to administer the requirements of these zoning regulations.