The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or structure subordinate to the principal use of a building, located on the same lot and serving a purpose customarily incidental to the use of the principal building.

Agent of owner means any person who can show written proof that he is acting for the property owner.

Alley means a public or private way, not more than 30 feet wide, affording only a secondary means of access to abutting property.

Automobile or trailer sales area means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

Automobile service station or filling station means a building or place of business where gasoline, oil and grease, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where the following services may be rendered:

(1)

Minor repairs.

a.

Sale and servicing of sparkplugs and batteries.

b.

Tire repair and servicing, but no recapping.

c.

Replacement of mufflers and tailpipes, water hoses, fan belts, brake and transmission fluids, lightbulbs, floor mats, seat covers (where it shall not be the principal use), windshield wipers, grease retainers and wheel bearings.

d.

Radiator cleaning and flushing.

e.

Washing and polishing, not including mechanical or automatic carwash establishments.

f.

Greasing and lubrication.

g.

Installation of fuel pumps and fuel lines.

h.

Minor servicing and replacement of carburetors.

i.

Emergency wiring repairs.

j.

Adjustment and installation of brakes.

k.

Tuning engines, except grinding valves, cleaning carbon or removing the heads of engines or crankcases.

l.

Any similar minor service or repair not listed under subsection (2) of this definition.

(2)

Major repairs. In addition to the repairs and services listed under subsection (1) of this definition:

a.

Any general repair, rebuilding or reconditioning not listed under subsection (1) of this definition.

b.

Collision service, including body, frame or fender straightening or repair.

c.

Painting or paint shop.

d.

Mechanical carwash establishments.

Major repairs shall not include any operations which require the heating or burning of rubber.

Automobile wrecking means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Bakery means and includes, in the M-1 and M-2 districts only, such baking establishments which manufacture quantities of goods for retail sale elsewhere than on the premises.

Basement means a story whose floor is more than 12 inches, but not more than half of its story height, below the average level of the adjoining ground (as distinguished from a "cellar," which is a story more than one-half of its story height below such level). Any portion of a basement, when used as a dwelling, shall be counted as a story for purposes of height measurement.

Board means the board of appeals of the city.

Building means any structure having a roof supported by columns or walls, used, or intended to be used, for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part shall be deemed as a separate building, except for minimum side yard requirements.

Building commissioner means the commissioner of buildings and public property of the city.

Building group means any building, such as a store group, which is divided into separate parts by one or more unpierced walls extending from the ground up.

Building height means the vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections, except as provided in the definition of Basement in this section.

Building, principal, means a building in which is conducted the principal use of the building site on which the building is situated. In any residential district, any dwelling shall be deemed to be a principal building on the zone lot on which the building is located.

Commission means the city planning commission.

Court means any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings and which is not a required front, side or rear yard.

District means a portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

District map means the district map of the city, dated January 1961, together with all amendments subsequently adopted.

Dwelling means any building, or portion thereof, designed or used exclusively as the residence or sleeping place of one or more persons, except as provided in this definition.

(1)

Dwelling, multiple, means a building, or portion thereof, used or designed as a residence for three or more apartment or dwelling units, including apartment houses, garden apartments, apartment hotels and flats.

(2)

Dwelling, row house, means a row of three or more attached one-family dwellings which are not more than 2½ stories in height.

(3)

Dwelling, single-family, means a detached building, designated for or occupied exclusively by one family, containing one dwelling unit.

(4)

Dwelling, two-family, means a detached or semidetached building, where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common cellar.

Dwelling group means a group of two or more detached dwellings, located on a single zone lot, in one ownership, and having any yard or court in common.

Dwelling structure means any structure which shall contain one or more rooms providing sleeping and sanitary facilities, not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house, roominghouse, boardinghouse, house trailer or similar structure.

Dwelling unit means one or more rooms, including a kitchen or kitchenette, and sanitary facilities in a dwelling structure, designed as a unit for living and sleeping purposes for occupancy by not more than one family.

Essential services means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.

Family means one or more persons related by blood or marriage, occupying any premises and living together as a single housekeeping unit.

Floor area, for the purposes of applying the requirements in this chapter for off-street parking and loading, in the case of offices, merchandising or service types of uses, means the gross floor area used, or intended to be used, by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. Such term shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, shop windows, offices incidental to the management or maintenance of stores or buildings, toilet rooms or restrooms, utilities, dressing rooms, fitting rooms or alteration rooms.

Garage, private parking, means a detached accessory building or a portion of the principal building used only for the storage of automobiles by the families who reside upon the premises, provided that such garage shall not be used for storage of more than one commercial vehicle of greater than 1½-ton rated capacity per family resident upon the premises, except on farms.

Garage, public parking, means a structure, or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of automobiles, not including a structure, or part thereof, used only for storage or display of automobiles for persons other than transients.

Hotel means a building designed for occupancy as the temporary residence of individuals who are lodged with or without meals, and in which no provision is made in any individual room or suite for cooking.

Junk means scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc, all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipes or pipe fittings, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled.

Junkyard means buildings, structures or premises where junk, as such term is defined in this section, waste, or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.

Large-scale development means a tract of land of at least four acres in area which is planned for development as a unit under single ownership or control and which includes two or more principal buildings and which, because of its unique nature and in the interest of promoting an integrated site plan, shall require some deviation from the strict application of the regulations set forth in this chapter.

Limited access highway means a highway designed in a manner so as to provide no direct access to properties abutting its right-of-way, and including all highways designated as limited access highways in the master plan as adopted by the city plan commission.

Lot and zone lot mean a piece or parcel of land occupied, or intended to be occupied, by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.

Lot area means the computed area contained within the lot lines.

Lot, corner, means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street, which streets or parts of the same street form an interior angle of less than 135 degrees. The point of intersection of the street lot lines shall be known as the "corner."

Lot, depth, means the mean horizontal distance between the front and the rear lot lines.

Lot lines means the property lines bounding a lot.

(1)

Lot line, front, means the line separating the lot from a street.

(2)

Lot line, rear, means the lot line opposite and most distant from the front lot line.

(3)

Lot line, side, means any lot line, other than a front or rear lot line. A side lot line separating a lot from a street is known as a "side street lot line."

(4)

Lot line, street or alley, means a lot line separating the lot from a street or alley.

Lot width means the mean width of a lot, measured at right angles to its depth.

Nonconforming lot means any zone lot in single ownership, where the owner of such lot does not own any adjoining property, the subdivision of which could create one or more conforming lots, and which does not conform with the minimum area or dimensions required in the district where such lot is situated or for any special use, as the case may be.

Nonconforming structure means a structure or sign, the design or size of which does not conform to the regulations of this chapter for the district in which it is located. No structure shall be considered nonconforming if the yards do not conform to the regulations of this chapter.

Nonconforming use means a building, structure or premises legally existing or used on January 18, 1961, or at the time of adoption of any amendment to this chapter, and which does not conform with the use regulations of the district in which it is located.

Nursing home means any premises with less than 15 sleeping rooms where persons are lodged and furnished with meals and nursing care.

Office building means a building comprised of more than 50 percent offices, as compared with offices which are permitted in the C-1 district and home occupations where offices are considered as a secondary or incidental use.

Parking area, private, means an open area for the same uses as a private garage.

Parking area, public, means an open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.

Public way means any right-of-way open to the public for vehicular or pedestrian access.

Recreation means as follows:

(1)

Commercial recreation means recreation facilities operated as a business and open to the general public for a fee.

(2)

Private, noncommercial, recreation means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

(3)

Public recreation means recreation facilities operated as nonprofit enterprises by the city, any other governmental entity or nonprofit organization, and open to the general public.

Residential street means a street, between two intersecting streets, upon which an R district abuts, or where 50 percent or more of the abutting street frontage is in predominantly residential use.

Roominghouse means a building containing a single dwelling unit and rooms for the rooming or boarding of at least three, but not more than 25 persons, by prearrangement for definite periods of not less than one week.

Sign means a name, identification, description, display or illustration which is affixed to, or painted or represented, directly or indirectly, upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.

Sign, advertising, means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

Sign, business, means a sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.

Sign, flashing, means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purposes of this chapter, any revolving, illuminated sign shall be considered to be a flashing sign.

Sign, gross surface area of, means the entire area within a single continuous perimeter enclosing the extreme limits of a sign, and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. A double-faced or V-type sign shall be considered as one structure.

Special use means a use which, because of its unique characteristics, requires individual consideration in each case by the board and the plan commission, as specified in article VI of this chapter, before it may be permitted in the districts enumerated in article II, division 2, of this chapter. In accordance with the provisions of this chapter, the board may require, and the commission may recommend, certain conditions and safeguards before such use is permitted.

Story means the portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it the space between the floor and the ceiling next above it.

Story, first, means the lowest story or ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed to be the first story.

Story, half, means a partial story under a gable, hip or gambrel roof, the wallplates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, provided that any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed to be a full story.

Street means a public or private thoroughfare not less than 30 feet in width if in existence prior to January 18, 1961, or not less than 50 feet in width if established subsequent to such date, which affords the principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley.

Street, side, means any street, the length of which shall not be more than 50 percent of the length of the largest street line of the city blocks of which it is a part.

Structural alteration means any change in the structural members of a building, such as walls, columns, beams or girders.

Structure means any construction, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including stationary and portable carports.

Usable open space means required open space which is entirely undeveloped, except for planting, landscaping and recreational equipment, and is available for the sole enjoyment of the occupants of the zone lot on which such space is a part, and does not include any side yard, driveway and accessway.

Variance means the board's authorized departure, to a minor degree, from the terms of this chapter in direct regard to a hardship peculiar to an individual lot, in accordance with the procedures set forth in this chapter for variances.

Yard means an open space, as may be required by this chapter, of uniform width or depth, on the same lot with a building or group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as permitted in this chapter.

Yard, front, means an open space, extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.

Yard, rear, means an open space, extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.

Yard, side, means an open space, extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.

(Code 1975, § 68-1)

Cross reference— Definitions generally, § 1-2.

(a)

The intent of this chapter is to establish a precise and detailed plan for the use of land within the city, based on the master plan for the city.

(b)

This chapter is enacted in order to promote and protect the public health, safety, morals, comfort, convenience and general welfare of the people.

(Code 1975, § 68-2)

This chapter has been adopted in order to:

(1)

Establish zoning districts and regulate the use of land and structures in such districts for residential, commercial, manufacturing and other purposes.

(2)

Regulate the location, height, bulk and size of buildings and structures, the size of yards, courts and open spaces, the percentage of a lot which may be occupied by a building or a structure and the density of population.

(Code 1975, § 68-3)

The regulations set forth in section 122-3 are deemed necessary to achieve the following purposes:

(1)

Protect the character and maintain the stability of residential, business and manufacturing areas within the city, and promote the orderly and beneficial development of such areas.

(2)

Regulate the intensity of use by zoning lots, and determine the area of open spaces surrounding buildings necessary to provide adequate light, air, privacy and convenience of access and protect the public health.

(3)

Establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such lines.

(4)

Fix reasonable standards to which buildings or structures shall conform.

(5)

Prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.

(6)

Prevent additions to, and alterations or remodeling of, existing buildings or structures that would not comply with the restrictions and limitations imposed under this chapter.

(7)

Limit congestion in the public streets and protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and the loading and unloading of commercial vehicles.

(8)

Provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare.

(9)

Prevent the overcrowding of land and undue concentration of structures, as far as possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding such buildings.

(10)

Conserve the taxable value of land and buildings throughout the city.

(Code 1975, § 68-4)

The city council, from time to time, on its own motion or on petition, after a report by the city planning commission and a hearing and public notice of such hearing given by one publication in the city at least 15 days before the time of the hearing, may amend, supplement or change by ordinance the regulations and districts established in this chapter or subsequently established. In case of written protest against any proposed amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered by the owners of 20 percent of the frontage immediately adjoining or across an alley from the frontage proposed to be altered by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered by such regulations or district, filed with the city clerk, such amendment shall not be passed, except by the favorable vote of two-thirds of all the members of the city council.

(Code 1975, § 68-5)

Any person who has petitioned for an amendment to this chapter for the purpose of permitting construction of a specific type of improvement, and who fails to commence construction within 12 calendar months after approval of such amendment by the city council and fails to conform to the provisions of development plans and supporting data presented at the time of the public hearing upon which basis such amendment was recommended for approval, shall have such amendment revoked.

(Code 1975, § 68-6)

In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreement between parties, provided that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other chapters, rules, regulations, easements, covenants or agreements, the provisions of this chapter shall govern.

(Code 1975, § 68-7)