[Ord. No. 161 §1, 10-5-1971; Ord. No. 412 §1, 9-9-2002]
For the purpose of this Chapter, the following words and terms, as used herein, are defined to mean the following:
Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure", the word "shall" or the word "must" is mandatory; the term "used for" includes the meaning "designed for" or "intended for".
ACCESSORY BUILDING OR USEA subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
ALLEYA minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
ALTERATIONAny addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.
APARTMENTA room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.
APARTMENT HOTELAn apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
APARTMENT HOUSEA building arranged, intended or designed for more than two (2) families.
BASEMENTA story below the first (1st) story, as defined under "story", counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
BLOCKA piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Building Inspector shall determine the outline of the block.
BOARDING HOUSE or LODGING HOUSEA building, other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
BUILDINGAn enclosed structure, anchored to permanent foundation and having exterior or party walls and a roof, designed for the shelter of persons, animals or property. When divided by other than common or contiguous walls, each portion or section of such building shall be regarded as a separate building, except that two (2) buildings connected by a breezeway shall be deemed as one (1) building.
COURTAn open, unoccupied space, other than a yard, bounded on three (3) or more sides by exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable.
CURB LEVELThe mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest.
DWELLINGA building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not motels, hotels, house trailers or mobile homes.
DWELLING, MULTIPLE-FAMILYA building or portion thereof arranged, intended or designed for occupancy by three (3) or more families, including apartment houses, row houses and apartment hotels.
DWELLING, SINGLE-FAMILYA detached building arranged, intended or designed for occupancy by one (1) family, but not including house trailers or mobile homes.
FAMILY1. One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit cost-sharing basis.
2. A family shall not include a group home managed by a for-profit or a not-for-profit organization whereby released convicts or prisoners receive counseling, training or rehabilitation.
GARAGE, COMMUNITYA building or portion thereof, other than a public, private or storage garage as defined below , providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of block.
GARAGE, PUBLICA building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.
GARAGE, STORAGEA building or portion thereof, except those defined as a private, a public or a community garage, providing storage for more than four (4) motor vehicles with facilities for washing but no other services.
GROUP HOMEAny home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
GROUP HOUSING PROJECTA dwelling project consisting of three (3) or more buildings to be constructed on a plot of ground which is not subdivided into customary streets or lots or where the existing or contemplated street or streets or lot layouts make it impractical to apply the requirements of this Chapter to the individual building units in such housing project.
HEIGHT OF BUILDINGSThe vertical distance measured from the highest of the following two (2) levels:
1. From the established or mean street grade.
2. From the average finished ground level adjoining the building if it sets back from the street line to the level of the highest point of the roof beams of flat roofs or roofs including not more than one (1) inch to the foot or to the mean height level of the top of the main plates and highest ridge for other roofs.
HEIGHT OF YARD OR COURTThe vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
HOTELA building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms and no provisions for cooking in individual rooms.
LOTA parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this Chapter and having its principal frontage upon a public street or approved place. A lot, as used herein, may consist of one (1) or more platted lots or tract or tracts, as conveyed, or parts thereof.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector.
LOT DEPTHThe mean horizontal distance from the front street line to the rear line.
LOT, INTERIORA lot whose side lot lines do not abut upon any street.
LOT LINE, FRONTThe boundary between a lot and the street on which it fronts.
LOT LINE, REARThe boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Inspector shall determine the rear line.
LOT LINE, SIDEAny lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.
LOT LINESThe lines bounding a lot as defined herein.
LOT, REVERSE CORNERA corner lot whose front lot line faces at right angles to the front lot lines of the interior lots or whose rear lot line abuts the side lot lines of interior lots.
LOT, THROUGHAn interior lot having frontage on two (2) streets.
LOT WIDTHThe horizontal distance between side lines, measured at the front building line.
NON-CONFORMING USE, BUILDING OR YARDA use, building or yard which does not, by reason of design, use, or dimensions, conform to the regulations of the district in which it is situated. It is a legal non-conforming use if established prior to the passage of this Chapter (October 5, 1971).
PLACEAn open, unoccupied space other than a street or alley permanently established, or dedicated as the principal means of access to property abutting thereon.
PORTABLE BUILDING OR STRUCTUREA portable building or structure shall mean any structure which meets any of the following criteria:
[Ord. No. 605, 10-12-2015]
1. Is originally designed to be moved from place to place by any means whatsoever, whether on wheels, skids or otherwise.
2. Any structure which is not originally designed to be permanently attached to the real property on which it sets by means of a permanent foundation.
3. No water or sewer connections can be made to the structure.
4. Must meet the same setback codes of the zone in which the structure is set.
5. An application for a permit to assemble, place, or locate such structure shall be completed and signed by the applicant and shall thereafter be filed with the City Clerk, together with the prescribed fees as set forth in the codes of the City of Lincoln.
SERVICE FLOOR AREAThe total floor area of a building exclusive of stairways, rest rooms, storage rooms, hallways, or other areas which are not regularly used by inhabitants, visitors, employees, clients, customers, patients or patrons in their normal everyday use of the building.
SIGNAny words, numerals, figures, devices, designs or trademarks by which information is made known, such as are used to identify a building, structure or object or designate or mention an individual, profession, firm, business or commodity.
STABLE, PRIVATEAn accessory building for the keeping of horses, ponies or cows, owned by occupants of the premises and not kept for remuneration, hire or sale.
STABLE, PUBLICA stable other than a private or riding stable as defined herein.
STABLE, RIDINGA structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for remuneration, hire or sale.
STORYThat part of a building included between the surface of one (1) finished floor and the surface of the finished floor next above or, if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or mean street grade or average ground level as mentioned in "Height of Buildings" of this Section.
STREETA right-of-way which affords principal means of vehicular access to property abutting thereon.
STREET LINEThe dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONSAny alteration involving a change in or addition to the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected which requires location on the ground or attached to something having a location on the ground including, but not limited to, signs and excepting utility poles, fences and retaining walls.
TOURIST COURT OR MOTELA tract or parcel of land upon which two (2) or more tourist sleeping units and the required parking areas are located.
TRAILER OR MOBILE HOME COURTLand used or intended to be used, let or rented for occupancy by two (2) or more house trailers or mobile homes.
VARIANCERelief from or variation of the provisions of these regulations, other than use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in Powers and Duties of the Board of Adjustment.
YARDAn open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard or the depth of a front yard or a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONTA yard across the full width of the lot from the front line of the main building to the front line of the lot.
YARD, REARA yard between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDEA yard between the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard.