For the purpose of interpreting the provisions of these regulations, certain terms or words used in this chapter shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

Accessory building means a subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises. For the purposes of this chapter, the term "accessory building" includes dish antennas and similar structures.

Accessory use means a use of land customarily incidental and subordinate to the principal building's use on the same lot or tract.

Agriculture means the use of a tract of land where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feedlots. The term "agriculture" includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling of those owning and/or operating the premises. The retail sale of items produced as part of the farming operation is permitted, including the operation of commercial greenhouses and hydroponic farming.

Alley means a strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

Alley line means the line of division between the public travelway comprising the alley and the private lot.

Alteration, as applied to a building or structure, means a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height or moving from one location or position to another shall be considered an alteration.

Alterations. See Structural alterations.

Animal hospital or clinic.

(1)

The term "animal hospital or clinic" means an establishment where a doctor of veterinary medicine admits animals principally for examination, treatment, board or care. The boarding of animals shall be limited to that necessary for the treatment of sick animals.

(2)

The term "animal hospital or clinic" does not include open kennels or runs.

Apartment. See Dwelling, multiple.

Approved public sanitary sewer system means a sewage disposal plant, main sanitary sewer lines and other lines approved by the governing body and the state department of health.

Approved public water system means a water treatment plant and service lines approved by the governing body and state department of health.

Art studio means an artist's workroom.

Automobile service station.

(1)

The term "automobile service station" means a structure and surrounding land used for:

a.

The storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories or supplies; and

b.

The incidental washing of motor vehicles and the performing of minor repairs.

(2)

The term "automobile service station" does not include tire recapping, body repairs, major overhaul, provision for rental equipment or open sales lots.

Basement means a story of a building having more than one-half of its height below grade and which serves as substructure or foundation for the remainder of the building.

Bed and breakfast home means a private, owner/manager-occupied dwelling, where for compensation not more than four guestrooms are available for transient lodging with or without meals.

Bed and breakfast inn means a building other than a dwelling, where for compensation guestrooms are available for transient lodging with or without meals.

Block means a series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park, greenstrips, open land or waterways.

Board of zoning appeals means the legally appointed municipal board empowered to hear and decide appeals from, and to provide interpretations of, the terms of these regulations, the official map as defined in this chapter and in accordance with state law.

Boardinghouse means a building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.

Buildable area means that area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these regulations.

Building means any structure designed or intended for the enclosure, shelter or protection of persons, animals or property. When a structure is divided into separate parts by unpierced walls from the ground up, each part is deemed a separate building.

Building height means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof:

(1)

To the deck line of a mansard roof; and

(2)

To the average height between the plate and ridge of a gable, hip or gambrel roof.

Building official means the person designated to administer this chapter, whether such person is entitled city administrator, building official, building inspector, administrative official, city engineer, city clerk or zoning official.

Building,principal, means a building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in a residential district is a principal building.

Business and professional office means the office of an architect, engineer, dentist, doctor, attorney, real estate or insurance agent or other similar professional person and any office used primarily for accounting, correspondence, research, editing or administration.

Canopy means any structure, movable or stationary, attached to and deriving its support from framework, posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

Carwash means an establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

Cellar means a room having more than one-half of its height below grade.

Child care means the process of caring for minor children unrelated to the caregiver as a service with or without financial arrangements.

(1)

The term "child care" includes the term "babysitting."

(2)

The term "child care" does not include preschools.

Child care center means a day nursery providing care for four or more children for part or all of a day or night away from the home of the parent or legal guardian. The term "child care center" includes full day group care, nursery schools, play groups, preschools giving emphasis to special programming for children, kindergartens not operated by the public schools, and other establishments offering care to groups of children. Such centers shall meet all the requirements of the state department of health and environment for registration and/or licensing.

Clinic. See Medical, dental or health clinic.

Club or lodge means a nonprofit association or organization formed for fraternal, social, educational, philanthropic or other similar purposes, including unions and professional organizations.

Common open space means an area of land or water or combination thereof planned for passive or active recreation.

(1)

The term "common open space" includes the area of recreational activities, such as swimming pools, tennis courts, shuffleboard courts, etc.

(2)

The term "common open space" does not include areas utilized for streets, alleys, driveways, private roads or off-street parking or loading areas.

Condominium means a multiple-family dwelling structure wherein the separate dwelling units are individually owned as opposed to rental units in an apartment.

Density means restrictions on the number of dwelling units that may be constructed per acre or per square foot of a zoning lot area.

Developer means the legal owner of all of the land proposed to be included in a planned development or the duly authorized agent thereof. The term "developer" includes:

(1)

The holder of an option or contract for purchase;

(2)

A lessee having a remaining term of not less than 40 years; or

(3)

Any person having an enforceable proprietary interest in such land.

District means a section of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity or use are uniform.

Domestic fortified wine means wine which contains more than 14 percent, but not more than 20 percent, alcohol by volume and which is manufactured from agricultural products grown in the state without rectification.

Domestic table wine means wine which contains not more than 14 percent alcohol by volume and which is manufactured without rectification for fortification from agricultural products grown in the state.

Dwelling means any building or portion thereof that is designed and used exclusively for residential purposes.

Dwelling, attached, means a residential building that is joined to another dwelling at one or more sides by a party wall.

Dwelling, detached, means a residential building that is entirely surrounded by open space on the same lot.

Dwelling, multiple-family, means a building or portion thereof designed with accommodations for or occupied by three or more families living independently of each other who may or may not have joint services or facilities or both.

(1)

The term "multiple-family dwelling" includes dormitories, lodginghouses and roominghouses.

(2)

The term "multiple-family dwelling" does not include hotels, motels and tourist courts.

Dwelling, single-family, means a detached building or portion thereof designed for or occupied exclusively by one family.

Dwelling, two-family, means a building or semidetached building or portion thereof designed or occupied exclusively by two families living independently of each other.

Dwelling unit means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

Exception means a use that is not permitted outright within a district, but is only allowed by a special use permit granted by the board of zoning appeals when such exception is clearly and specifically listed in the district regulations.

Fabrication means that part of manufacturing that relates to stamping, cutting or otherwise shaping processed materials into objects.

(1)

The term "fabrication" includes the assembly of standard component parts.

(2)

The term "fabrication" does not include extracting, refining or other initial processing of basic right-of-way materials.

Family means one or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, fraternity or sorority house, lodginghouse, hotel or motel.

Farm means any parcel of land containing at least ten acres that is used for gain in the raising of agricultural products, livestock, poultry or dairy products.

(1)

The term "farm" includes necessary farm structures within the prescribed limits and the storage of equipment used.

(2)

The term "farm" does not include the raising of fur-bearing animals, riding academies, livery or boarding stables, dog kennels and commercial feedlots.

Farm winery means a winery licensed by the state director of alcoholic beverage control to manufacture, store and sell domestic table wine and domestic fortified wine.

Fence means a freestanding structure of metal, masonry, glass or wood or any combination thereof resting on or partially buried in the ground and rising above ground level and used for confinement, screening or partition purposes.

Fence, site obstructing, means a freestanding structure of metal, masonry, glass or wood or evergreen plantings, or any combination thereof resting on or partially buried in the ground which shall be of such height and of such construction as necessary to block the view from outside by motorists and pedestrians. Visual density of the fence shall be at least 90 percent.

Floodplain means land area subject to inundation from surplus stormwater as defined by the Housing and Urban Development (HUD) Flood Insurance Study and as depicted on the flood insurance rate map.

Floor area means the gross floor area of all floors in the building, including attached garages, stoops, porches and balconies.

Foster home means a residence or building in which more than 12-hour care is provided to no more than five children, two or more of which are unrelated to the foster parents. Foster homes shall be permitted in all residential structures, the same as would a family.

Fraternal and civic organizations means an association formally organized for either fraternal, social, educational, philanthropic or other similar purposes, including union and professional organizations, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises provided adequate dining space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests provided such service is secondary and incidental to the promotion of some other common objective of the organization; and further provided that such sale or service of alcoholic beverages is in compliance with all federal, state, county and local laws.

Frontage means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street. Where a street is dead-ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead-end of the street.

Garage, private, means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, public, means a building, or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.

Garage, storage, means a building or portion thereof designed or used exclusively for housing four or more motor-driven vehicles.

Grade.

(1)

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.

(2)

For buildings having walls facing more than one street, the grade shall be the average of the grades, as defined in subsection (1) of this definition, of all walls facing each street.

(3)

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.

(4)

Any wall on the street side and approximately parallel to a street line is considered as facing the street.

Group homes means any dwelling occupied by not more than ten persons, including eight or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of the state.

Home occupation means an accessory occupational use conducted entirely within a dwelling unit by the occupants thereof, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site. (See section 50-886).

Hospital means an establishment used primarily for inpatient care and to provide health, medical, mental and surgical care of the sick or injured, excluding animal hospitals.

Hotel or motel means a commercial building used as a temporary abiding place for persons who are being lodged for compensation with or without meals.

Inoperable motor vehicle means a motor vehicle that is wrecked, dismantled, unable to move under its own power, impounded by a governmental agency or not currently licensed.

Institution,nonprofit, means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Institution of higher learning means a college, university or incorporated academy providing general academic instruction equivalent to the standards prescribed by the state board of education. Dormitories, fraternity houses, sorority houses, and other student housing that are constructed on campus shall be considered accessory buildings.

Junkyard or salvage yard means a lot, parcel or tract of land, including buildings, used primarily for:

(1)

The collection, storage and sale of wastepaper, rags, scrap metal or other discarded material; or

(2)

The collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

Kennel means any place, area, building, structure or enclosure where more than two domesticated animals, commonly considered to be household pets, more than three months old, are boarded, cared for, housed, fed, trained or bred. The term "kennel" includes both private and commercially operated facilities.

Landscaping means the improvement of a lot, parcel or tract of land with grass, shrubs or trees. The term "landscaping" includes pedestrian walks, flowerbeds and ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Laundry means an establishment where commercial laundry and dry cleaning work is undertaken.

Laundry, self-service, means an establishment equipped with individual coin-operated washing, drying or dry cleaning machines.

Liquor store means a retail sales outlet for package alcoholic beverages and related items for consumption off the premises.

Livestock.

(1)

The term "livestock" means animal species commonly raised, bred and managed for economic gain as a normal aspect of an agricultural operation.

(2)

The term "livestock" does not include animal species commonly raised, bred and managed as household pets.

Loading or unloading space means an off-street space or berth, on the same tract and contiguous with the principal building or group of buildings for the temporary parking of commercial vehicles for the loading and unloading merchandise or materials.

Lodginghouse means a building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for definite periods, for compensation, for three or more persons in contradistinction to hotels open to transients.

Lot or plot means a parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings, including the open spaces required by this chapter. A lot or plot may include more than one plotted lot.

Lot area means the total horizontal area within the lot lines of a lot.

Lot, corner or external, means a lot abutting upon two or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension.

Lot coverage means the total area of the building expressed as a percentage of the total lot, plot or tract. The term "lot coverage" includes both principal and accessory buildings.

Lot, depth of, means a mean horizontal distance between the front and rear lot lines, measured in the general direction of the sidelines of the lot.

Lot, double frontage, means an internal lot having a frontage on two streets.

Lot, interior, means any lot that does not constitute a corner lot.

Lot line, front.

(1)

The term "front lot line" means a boundary line of a lot that coincides with a street boundary line.

(2)

The term "street," as used in this definition, does not include an alley.

Lot line, rear (internal), means a boundary line of a lot that does not coincide with a street boundary line, but may coincide with an alley line.

Lot line, side (internal).

(1)

Term "side lot line" means a boundary line of a lot that does not coincide with a street boundary line.

(2)

The term "street," as used in this definition, does not include an alley.

Lot of record means:

(1)

A lot which is a part of a subdivision, the map of which has been recorded in the register of deeds' office; or

(2)

A lot described by metes and bounds, the description of which has been recorded in the register of deeds' office.

Lot, reversed corner, means a corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.

Lot width means the mean horizontal distance between the side lot lines, measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than 35 feet in width.

Lot, zoning, means a parcel or tract of land used, developed, or built upon under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot of record or any combination thereof.

Manufactured home lot means a designated plot of ground within a manufactured home park designed to provide the utility service facilities and accommodation of one manufactured home and its accessory buildings, off-street parking and recreational areas for the exclusive use of its occupants.

Manufactured home park.

(1)

The term "manufactured home park" means any area, parcel or tract of land which has been planned or designed and used, or intended to be used, by one or more occupied manufactured homes not placed on permanent concrete footings and foundations. Manufactured home parks are under one ownership and control and under no circumstances shall the individual manufactured home spaces or lots be sold or offered for sale.

(2)

The term "manufactured home park" does not include sales lots on which occupied or unoccupied manufactured homes, whether new or used, are parked for the purpose of storage inspection or sale.

Manufactured home, residential design, means a manufactured home on a permanent foundation that has:

(1)

Minimum dimensions of 22 body feet in width;

(2)

A pitched roof; and

(3)

Siding and roofing materials which are customarily used on on-site homes.

Manufactured home space means a plot of ground within a manufactured home park that can accommodate one manufactured home and which provides the necessary utility services for water, sewerage, gas and electricity.

Manufactured housing means any factory-assembled structure equipped with the necessary utility service connections and made so as to be readily movable or transportable as a unit on its own running gear and designed to be used as a yearround single-family residential dwelling.

(1)

The term "manufactured housing" includes singlewide, doublewide and multiwide units.

(2)

The term "manufactured housing" does not include modular homes.

Manufacturing means any method of processing, developing, fabricating or assembling raw materials, semifinished materials, or parts into a semifinished or finished produce.

Medical clinic means any building designed for use by more than one person lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings. The term "medical clinic" includes, but is not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists, and in which no patients are lodged overnight, but which may include a pharmacy.

Modular home.

(1)

The term "modular home" means a dwelling structure located on a permanent foundation with permanently connected utilities, consisting of preselected, prefabricated units or modules designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent foundation.

(2)

The term "modular home" does not include:

a.

A dwelling structure that is custom built on the site of its permanent location.

b.

A manufactured home, either singlewide, doublewide, or of multiple width.

Motel means a group of buildings, including either separate cabins or a row of connected cabins or rooms that contain individual sleeping accommodations for transient occupancy and have individual entrances.

Motor vehicle repair shop means a building or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.

Nonconforming lot of record means a platted lot that does not comply with the lot size requirements for any permitted use in the district in which it is located.

Nonconforming structure or use means a lawfully existing structure or use as of the effective date of the ordinance from which this chapter is derived which does not conform to the requirements of the zone in which it is located.

Nursing home means an establishment or agency licensed by the state for the reception, board, care or treatment of three or more unrelated elderly individuals.

Open space means a parcel of land that is not occupied by buildings, structures, parking area, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities.

Owner means any person, agent, firm or corporation having a legal or equitable interest in the property.

Parcel means all contiguous lands, including lots and parts of lots, held in one ownership.

Park means a public or private area of land, with or without buildings, intended for outdoor activities or passive recreational areas.

Parking lot means an open area, other than a street, used for the parking of automanufactureds.

Parking space means an area surfaced for the purpose of storing one parked automanufactured. For the purpose of this chapter, one parking space shall have a minimum width of nine feet and a minimum length of 20 feet. In computing off-street parking, additional space shall be required off-street for access drives to each parking space.

Paved parking means a vehicular parking area that has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free, all-weather condition.

Permanent foundation means a foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

Person means any natural individual, firm, trust, partnership, association or corporation.

Pharmacy means a place or premises used solely for the preparation, compounding and dispensing of drugs, medicines, medical-surgical supplies and prosthetic devices.

Place or court means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

Planned unit development means a tract of land meeting specified minimum site size whereon all elements of development may be designed as interrelated aspects of an overall improvement concept in accordance with the provisions of article X of this chapter.

Planning commission means the city planning commission.

Plat means a layout of a subdivision indicating the location and boundaries of individual properties.

Platting. Whenever the term "platting," "platted" or "subdivided" is used in this chapter, it shall refer to the process established by the duly adopted subdivision regulations.

Premises means a parcel together with all buildings and structures thereon.

Private club means an organization licensed under state statutes to which the club members shall be permitted to consume alcoholic beverages. The term "private club" includes "Class A" clubs unless otherwise permitted and "Class B" as defined by state statutes.

Professional office means any building or part thereof used by one or more persons engaged in the practice of a recognized profession.

Public improvement means any work within dedicated rights-of-way or easements.

Quasi-public means essentially a public use, although under private ownership or control.

Quorum means a majority of the authorized members of a board or commission as defined by the organizational bylaws.

Recreational vehicle means a vehicular unit, other than a manufactured home, whose gross floor area is less than 320 square feet (29.7 m ² ), which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. The term "recreational vehicle" includes, but is not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheeler trailer or van.

Recycling facility means any location where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled. The term "waste or scrap metals" includes, but is not limited to, scrap metals, paper, rags, tires, bottles and other such materials.

Renovation means the interior or exterior remodeling of a structure, other than ordinary repair.

Restaurant means a public eating establishment except drive-ins in which the primary function is the preparation and serving of food on the premises.

Restaurant, drive-in, means an eating establishment whose primary purpose is the sale, dispensing or serving of food, refreshments or beverages.

(1)

The term "drive-in restaurant" includes those establishments where customers may serve themselves.

(2)

The term "drive-in restaurant" does not include what is commonly called a cafeteria.

Roominghouse means a building or place where lodging is provided, or which is equipped regularly to provide lodging, by prearrangement for definite periods, for compensation, for four or more persons in contradiction to hotels open to transients.

Salvage yard means a building or premises where junk, waste and inoperable motor vehicles are discarded and salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, handled or prepared for recycling.

Septic system means a method of disposing of sewage in a safe and sanitary manner. All such septic systems shall conform to all the requirements of the state department of health and environment and the county health department.

Sight triangle means an area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and ten feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 90-foot distance shall be increased to 120 feet.

Sign means any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual firm, profession, business or a commodity and which are visible from any public street or air.

Site. See Parcel.

Special use permit means a written permit issued by the zoning administrator with the written authorization of the zoning board of appeals. This special use permit provides permission under special conditions to make certain special uses of land in certain zoning districts as stipulated in each of the district zoning regulations.

Story means that 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, then the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof that has the line of intersection of the roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street means a right-of-way other than an alley dedicated to the public use that provides principal access to adjacent properties.

Street line means a dividing line between a lot, tract or parcel of land and the contiguous street.

Street network includes the following:

(1)

Arterial street. The term "arterial street" means a street which provides for through traffic movement between and around areas and across the city with direct access to abutting property; subject to the necessary control of entrances, exits and curb uses.

(2)

Collector street. The term "collector street" means a street which provides for traffic movement between arterial and local streets with direct access to abutting property.

(3)

Local street. The term "local street" means a street which provides direct access to abutting land and for local traffic movement, whether in business, industrial or residential areas.

Structural alterations.

(1)

The term "structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

(2)

For the purpose of these regulations, the term "structural alterations" does not include the following:

a.

The attachment of a new front where structural supports are not changed.

b.

The addition of fire escapes where structural supports are not changed.

c.

The new windows where lintels and support walls are not materially changed.

d.

The repair or replacement of nonstructural members.

e.

The alterations for the safety of the building and normal repairs and maintenance.

Structure.

(1)

The term "structure" means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

(2)

The term "structure" does not include fences, driveways, hard surfaced walk and terraces or public items, such as utility poles, streetlight fixtures and street signs.

Subdivision means the division of a tract of land into one or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term "subdivision" includes the term "resubdivision," and the term "resubdivision" includes any further subdivision of a lot or parcel of land previously subdivided for sale, use or other purpose that varies from the latest, approved subdivision of the same.

Subdivision plat means a plan or map prepared in accordance with the provisions of the duly adopted subdivision regulations and recorded with the register of deeds.

Tavern means an establishment in which the primary function is the public sale and serving of cereal malt beverages.

Temporary structure means a building, shed or other enclosure not permanently attached to the ground intended to be used for short periods of time.

Tourist cabins. See Motel.

Tourist home means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

Townhouse.

(1)

The term "townhouse" means a multiple-family dwelling unit that is individually owned along with a lot or other tract of land.

(2)

The term "townhouse" does not include a condominium.

Tract means a plot or parcel of land other than a lot in a subdivision that is recorded in the register of deeds' office.

Use means:

(1)

Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; and

(2)

Any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.

Use regulations means the provisions of these regulations that identify permitted, special and conditional uses, impose use limitations and regulate accessory and temporary uses and home occupations.

Variance means a modification or variation of the provisions of these regulations as applied to a specific parcel of property as distinct from rezoning.

Way means a street or an alley or other thoroughfare or easement permanently established for the passage of persons or vehicles.

Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products. The term "wine" includes such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies.

Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter. In measuring a yard, the depth of the front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard extending along a full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard. Each yard that abuts a street shall be considered a front yard.

Yard, rear, means a yard extending along the full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard.

Yard, side.

(1)

The term "side yard" means a yard extending along a side lot line parallel to the side lot line at a distance therefrom equal to the width of a required minimum side yard.

(2)

The term "side yard" does not include any area encompassed within a front yard or rear yard.

Zone or district means a portion, area or section of the city's zoning jurisdiction for which uniform regulations governing the use, height, area, size and intensity of use of the buildings, land and open spaces about buildings are established.

Zoning administrator means the person authorized and empowered by the governing body having jurisdiction to administer the requirements of these zoning regulations.

Zoning area means the area to be zoned as set out on the official zoning map filed of record.

Zoning regulation s means the requirements stipulated in the provisions of this chapter.

(Ord. No. 4272, § 1(22-6.02), 4-7-2003; Ord. No. 4438, § 1, 6-5-2006)

State Law reference— Similar definitions, K.S.A. 12-742.

Except where clearly required to be otherwise by the context, the rules of construction shall include:

(1)

Words or numbers used singularly or plurally shall include both singular and plural interpretation.

(2)

The term "may" is permissive. The term "shall" is mandatory.

(3)

The present tense includes the past and future tenses and the future the present.

(4)

The term "used for" includes the terms "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(5)

The term "person" includes individuals, firms, corporations, associations, governmental bodies and other legal entities.

(6)

The terms "use," "used," "occupy," or "occupied," as applied to any land or building, includes the terms "intended," "arranged," or "designed" to be used or occupied.

The revised zoning ordinance for the city, as recommended by the planning commission, meeting the conditions for adoption prescribed in K.S.A. 12-757, as set forth in this chapter is hereby adopted and declared to be the official zoning regulations for the zoning jurisdiction of the city.

(Ord. No. 4272, § 1, 4-7-2003)

The zoning provisions set forth in this chapter shall constitute the basis for the determination of zoning district regulations within the city's zoning jurisdiction.

(Ord. No. 4272, § 2, 4-7-2003)

The provisions of these regulations are adopted for the purpose and intent of providing for the health and welfare of the citizens of the city's zoning jurisdiction through the promotion of appropriate patterns and practices of urban development. Within this general purpose, these zoning regulations are intended to:

(1)

Promote the health and general welfare of the citizens.

(2)

Provide for adequate light and air and acceptable noise levels.

(3)

Encourage the most productive use of urban land resources through the promotion of compatible land use patterns.

(4)

Prevent the overcrowding of land and undue concentration of population.

(5)

Facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements.

(6)

Protect property values and encourage the conservation of energy resources.

(7)

Regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial and other purposes.

(8)

Regulate and restrict:

a.

The height, number of stories and size of buildings;

b.

The percentage of the lot that may be occupied by buildings and other structures; and

c.

The size of yards and other open spaces.

(9)

Guard against the loss of life and damage to property due to flooding through the protection of natural drainage features.

(10)

Preserve features of historical significance and encourage the conservation of natural resources.

(11)

Implement goals, policies and proposals of the comprehensive plan for the zoning jurisdiction.

(Ord. No. 4272, § 1(22-3.01), 4-7-2003)

The regulations set forth in this chapter are adopted under authority of state statutes (K.S.A. 12-741 et seq.) and in accordance with the adopted Land Use Plan for the City of Lindsborg, Kansas.

(Ord. No. 4272, § 1(22-4.01), 4-7-2003)

State Law reference— Municipal zoning authority, K.S.A. 12-753, 12-755.

These regulations shall apply to all structures and land within the incorporated area of the city, plus such unincorporated area as may be added to the zoning jurisdiction by ordinance.

(Ord. No. 4272, § 1(22-4.02), 4-7-2003)

State Law reference— Extraterritorial jurisdiction of city regarding building and zoning regulations, K.S.A. 12-751.

Whenever amendments to the text of these regulations or to the zoning district map are proposed which will affect property located outside the corporate city boundary, a written notice of such proposed action shall be given to the county governing body at least 20 days prior to the proposed action.

(Ord. No. 4272, § 1(22-4.03), 4-7-2003)

State Law reference— Notice of zoning regulations to other units of government required, K.S.A. 12-743.

Except for the floodplain regulations in areas designated as a floodplain district, the regulations in this chapter shall not apply to land and buildings under one ownership which are used exclusively for agricultural purposes, so long as such land and buildings are used for agricultural purposes and not otherwise.

(Ord. No. 4272, § 1(22-4.04), 4-7-2003)

State Law reference— Exemption of agricultural lands, K.S.A. 12-758.

When interpreting the provisions of these regulations, the following shall govern:

(1)

Minimum requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare of the citizens of the city.

(2)

Overlapping or contradictory regulations. Where the conditions imposed by the provisions of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

(3)

Private agreements. The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement; provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement the requirements of these regulations shall govern.

(4)

District boundary lines. Interpretation of zoning district boundary line locations shall be governed by the following:

a.

Where district boundary lines are indicated as approximately following streets and alleys, highways or railroads, such boundaries shall be construed as following the centerlines thereof.

b.

Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.

c.

Where a boundary of a district appears to follow a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the governing body's jurisdiction, unless otherwise indicated.

d.

Where a district boundary line divides a lot or unsubdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the zoning map.

(Ord. No. 4272, § 1(22-5.01), 4-7-2003)

Unless otherwise specified all distances shall be measured horizontally.

(Ord. No. 4272, § 1(22-5.02), 4-7-2003)

(a)

Fine and imprisonment. The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation, or who maintains any building or premises in or upon which a violation has been committed or shall exist, shall be punished by a fine not to exceed $500.00, or imprisonment for not more than six months for each offense, or both such fine and imprisonment. Each and every day that such violation continues shall constitute a separate offense.

(b)

Injunction, writs of mandamus, etc. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the appropriate authorities of said area, in addition to other remedies, may institute an injunction, writ of mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation or to prevent the occupancy of said building, structure, or land.

(Ord. No. 4272, § 1(22-8.09), 4-7-2003)

The city has created a planning commission, a board of zoning appeals and a design review board, all of which are fully described in chapter 2, article IV.