This Code is adopted for the following purposes:

(1)

To promote the health, safety, morals, comfort, convenience and general welfare of the inhabitants of the City;

(2)

To minimize congestion in the public rights-of-way, securing safety from fire, panic and other dangers, provide for adequate light and air, and prevent the overcrowding of land;

(3)

To avoid undue concentration of population, and facilitate the adequate provision for transportation, water, sewage, schools, parks, and other public requirements;

(4)

To divide the City into zones or districts as to the compatible use of land and structures for residences, business, and industrial purposes;

(5)

To prohibit the use of buildings, structures, and lands that are incompatible with the intended use or development of lands within the specified zones;

(6)

To provide for the compatible and appropriate use of land throughout the City;

(7)

To promote orderly development of residential, commercial, and industrial areas;

(8)

To provide for the administration of this Code and amendments thereto;

(9)

To define the powers and duties of the administrative officers and bodies; and

(10)

To describe penalties for the violation of provisions of this Code or any amendment thereto.

(Code 1977, § 20.01(1))

State law reference—Purpose of zoning ordinances, Wis. Stats. § 62.23(7)(c).

It is not intended by this Code to repeal, abrogate, annul, impair or interfere with any existing easement, covenant or agreement between parties or with rules, regulations or permits previously adopted or issued pursuant to law. Where this Code imposes a greater restriction upon the use of buildings or premises, or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits, or easements, covenants or agreements, the provisions of this Code shall govern.

(Code 1977, § 20.01(2))

The following words and terms, wherever they occur in this Code, shall be construed as herein defined. Words not defined shall be interpreted in accordance with definitions found in any standard dictionary.

Abutting means making contact with or separated only by public thoroughfare, railroad, or public utility right-of-way.

Accessory building means a subordinate building, or a portion of the main building which is located on the same lot or parcel as the main building and the use of which is clearly incidental to that of the main building or to the use of the premises. This definition includes boathouses but excludes a private garage.

Accessory use means a use on the same lot and with and of a nature customarily incidental and subordinate to the principal building or use.

Adult establishments means establishments which include bookstores, motion picture theaters, mini-motion picture theaters, bath houses, massage parlors, modeling and body painting studios, and cabarets whose principal use is to depict, describe, engage in or relate to, "specified anatomical areas" or "specified sexual activities."

Airport or heliport means any land or structure which is used or intended for use, for the landing and takeoff of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.

Alley means a public right-of-way not less than 24 feet in width, which has been dedicated or deeded to the public for public use and designed to provide secondary access to abutting property.

Animals, domestic means dogs, cats, birds, and other commonly known house pets.

Apartment means a room or suite of rooms rented, leased, or granted similar tenancy, with cooking facilities available which is occupied as a residence by a single family, or a group of individuals living together as a single-family unit. This includes any unit in buildings with more than two dwelling units.

Apartment building means three or more dwelling units or apartments grouped in one building.

Automobile means a self-propelled passenger vehicle, van or lightweight truck designed for operation on ordinary roads.

Automobile/truck wash means a building, or portion thereof, containing facilities for washing automobiles or trucks, using production line methods, including, but not limited to, steam cleaning devices or other mechanical devices.

Automobile wrecking means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, or wrecked vehicles or their parts. (See also junk yard).

Basement means a portion of a building located partially underground, but having half or more of its floor to ceiling height below the average grade of the adjoining building.

Bed and breakfast inn means a house, or portion thereof, providing six or fewer rooms for rent and providing no meals, other than breakfast, to renters of the place. The facility shall be the owner's personal residence, and shall be occupied by the owners at the time of rental.

Block means the property abutting one side of a street lying between the two nearest intersecting streets (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdividable acreage, lake, river, or live stream, or between any of the foregoing and any other physical barrier to the continuity of development, or corporate boundary line of the municipality.

Boarder means a person who regularly receives lodging with or without meals at another's home for pay or services.

Boardinghouse means boarding or dwelling unit other than a motel, hotel, tourist house, or bed and breakfast inn, where, for compensation and by prearrangement, lodging is provided with or without meals for three or more persons.

Boarding unit means any room or group of rooms forming a habitable unit used or intended to be used for living and/or sleeping but not used for cooking or eating purposes.

Boathouse means a structure used for the storage of watercraft and associated materials and placed over a Wisconsin Department of Natural Resources approved slip.

Broadcasting antenna, radio and television means commercial, public or private broadcasting towers exceeding the district height limitations, or more than one tower of any height located on the same lot or parcel.

Buffer means the use of land, topography, difference in elevation, space, fences, or landscape planting to screen or partially screen a use or property from another use or property, and thus reduce undesirable influences, such as site, glare, noise, dust, and other external affects.

Buffer yard means a landscaped side or rear yard where physical space and vertical elements such as plants, berms, and fences combine to separate and screen commercial, institutional, and industrial uses from adjacent residential uses or residential zoning districts.

Buildable area means the space remaining on a lot after the minimum yard requirements, drainage provisions, open space and other site constraint requirements of this Code have been met.

Building means any structure having a roof which may provide shelter, support, protection, or enclosure of persons, animals, property of any kind, and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

Building height means the vertical distance to be measured from the grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

Building line means an imaginary line separating buildable area and the required yards as defined herein.

Business means any occupation, employment or enterprise, wherein merchandise is exhibited or sold, or where services are offered for compensation.

Caliper means trunk diameter of a tree measured six inches above ground for trees up to a four-inch caliper and 12 inches above ground for larger trees.

Cemetery means site set apart for burial or interment of the human dead.

Club or lodge means a nonprofit association of persons who are bona fide members paying dues, with the use of premises being restricted to members and their guests. The serving of food and meals on such premises is permissible providing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, provided such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable federal, State and municipal laws.

Commercial vehicle means any vehicle subject to registration fees under Wis. Stat. § 341.25(2) or intended primarily for commercial purposes, including trailers, semi-tractors/trailers and school buses.

Communications antenna means any system of wires, poles, rods, reflective discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building or structure.

Community living arrangement means facilities licensed or operated, or permitted under the authority of the Wisconsin Department of Health and Family Services including child welfare agencies, group foster homes for children and community based residential facilities (as per Wis. Stats. § 46.03(22)).

Condominium means a form of individual ownership within a building which may entail joint ownership and responsibility for maintenance and repairs of the land and other common property of the building.

Day care center means a licensed facility in which care and supervision is provided for four or more children under the age of seven years for less than 24 hours per day.

Deciduous means a plant with foliage that is shed annually.

Density means a number expressing the relationship of the number of dwellings to an acre of land.

Development, existing occupied means a lot on which there has been occupancy of land and buildings within the last 12 months.

Development, existing vacant means a lot on which there has been no occupancy of land and buildings for a period of more than 12 months.

Drive-in means any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is offered regardless of whether the service is provided within the building.

Driveway means a graveled or paved access from a street to a private structure or parking area; or a continuous access to a street.

Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, detached means a dwelling which is entirely surrounded by open space on the same lot.

Dwelling unit means a residential building or portion thereof intended for occupancy by a single family, but not including hotels, motels and boardinghouses.

Easement means a grant by a property owner for use of a strip of land by the public or any person for any specific purpose or purposes of construction and maintaining utilities, including, but not exclusive of the following: sanitary sewers, water mains, electric lines, telephone lines, other transmission lines, storm sewer, storm drainage ways, gas lines, other service utilities, etc.

Elderly housing means multifamily dwelling units occupied by independent or semi-independent persons 55 years or older in age. In the case of double occupancy of a unit, only one resident is required to be at least 55 years of age.

Electric substation means an assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public; provided that in residence districts an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities, housing or repair crews, or office or place of business.

Evergreen means a plant with foliage that persists and remains green yearround.

Exterior storage means the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Family means any number of persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household, and using common cooking and kitchen facilities.

Family day care home means a licensed facility located in a residential dwelling and operated by a resident family, providing care and supervision for four to eight children.

Fence means any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary, or within the required yard.

Floor area means the net area of any floor space enclosed by exterior walls, fire walls, or absolute fire separation exclusive of open spaces.

Floor area, publicly used means all occupied areas within a building except for: All rooms with ceiling less than six inches—eight inches at their lowest point, toilet rooms, furnace and mechanical rooms, identified exit corridors, exit stairs, permanent fixtures, and janitors or other small closets.

Frontage means that boundary of a lot which abuts an existing or dedicated public or private street.

Garage, private means a detached or attached building or a portion of the principal building, including a car port, which is used primarily for the storing of motor vehicles, by the tenants of the building or buildings.

Garage, public means any premises, except those described as a private garage, used for the storage or care of power driven vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Gasoline station means any building or premises used for the dispensation, sale or offering for retail sale any motor fuels, oils, or lubricants. The building or space may also be used for the repair or maintenance of vehicles.

Gazebo, or similar detached structure means small open structure, usually round, octagonal or of similar shape having a roof structure. Walls, if any, will not be greater than 30 percent enclosed excluding glass or screen material.

Greenspace means the total land area of all pervious surfaces on a lot that is integrated into the landscape element, including all plant materials (living or nonliving) and associated ornamental materials (landscape rock, brick and tile).

Home occupation means any business or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use.

Hotel means any building or portion thereof providing provisions for nine or more guests or having more than five rooms, in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guestroom, and in which ingress and egress to and from all rooms is through an inside lobby or office, supervised by a person in charge.

Junkyard means land or buildings where waste, discarded or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, rubber products, plastics, glass products, lumber products and products resulting from wrecking or salvage of automobiles or other vehicles, outdoor storage of two or more unregistered vehicles, except as otherwise authorized. Such use shall not include sanitary landfill, and organic waste or material.

Kennel, commercial means any structure or premises on which four or more licensable animals of one type over five months of age are boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising.

Landscaping means alteration of the natural terrain, including the planting of trees, grass, shrubs, and ground cover.

Landscaping, frontage means treatment of grade, ground cover, vegetation, and ornamentation within the portion of a lot which abuts existing or dedicated road rights-of-way

Landscaping, interior means treatment of grade, ground cover, vegetation, and ornamentation within the off-street parking and maneuvering area on a lot.

Landscaping, perimeter means treatment of grade, ground cover, vegetation, and ornamentation between an off-street parking area and the side or rear lot line, but excluding landscaping between an off-street parking area and buildings on the same lot.

Lot means a tract of land, designated by metes and bounds, registered land survey, or plat, and separated form other tracts of land by legal description approved by the City and recorded in the office of the County Registrar of Deeds.

Lot area means area within a lot, including land over which easements have been granted, but not including any land within the limits of a public street upon which such lot abuts. If a corner lot has its corner bounded by a curved line connecting other street lines, which, if extended, would intersect, the area may be computed as if such boundary lines were so extended.

Lot area per unit means the lot area required by this Code to be provided for each dwelling unit.

Lot, corner means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

Lot, coverage means percentage of lot area used for a defined purpose.

Lot depth means the minimum horizontal distance between the front lot line and the rear lot line of a lot.

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

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

Lot line means a lot line is the property line bounding a lot, except where any portion of a lot extends into a public right-of-way or a proposed right-of-way, the line of such public right-of-way shall be the lot line.

Lot line, front means that boundary of a lot which abuts an existing or dedicated public street.

Lot line, rear means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point in the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance form the front lot line.

Lot line, side means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means any lot which is one unit of a plat duly approved and filed, or one unit of an Assessor's subdivision or a registered land survey, that has been recorded in the office of the County Registrar of Deeds prior to the effective date of this Code.

Lot, reversed frontage means a corner lot whose rear lot line coincides with any part of the side lot line of an abutting interior lot.

Lot, substandard means any platted lot less than 7,200 square feet in lot area.

Lot width means the maximum horizontal distance between the side lot lines of a lot measured on or within the front yard setback requirements.

Manufactured home means a manufactured home as defined by the U.S. Department of Housing and Urban Development.

Manufactured home park means any site, lot, field, or tract of land under single ownership, designed, maintained or intended for the placement of two or more occupied manufactured homes. Manufactured home parks shall include any buildings, structures, vehicles, or enclosure intended for use as part of the equipment of such manufactured home park.

Manufactured home site means a parcel of land for the placement of a single mobile home for the exclusive use of the occupants of said manufactured home.

Manufactured home stand means that part of an individual manufactured home lot which has been reserved for placement of the manufactured home, appurtenant structures or additions.

Mobile service facility means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

Motel means a building or group of detached, semi-detached, or attached buildings containing guestrooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.

Multiple residence means three or more dwelling units in one structure.

Noise means one, or a group of, loud, harsh nonharmonious sounds or vibrations that are present and irritating to the ear.

Nonconforming structure means any structure whose lot area, yard and/or height regulations permitted or existing at the time of adoption of this Code, now do not comply with the provisions of this Code.

Nonconforming use means any use of a lot or structure permitted or existing at the time of adoption of this Code, which now does not comply with all of the regulations of this Code, or any amendments hereto, governing the zoning district in which such use is located.

Noxious means matter which is capable of causing injury or is in any way harmful to living organisms, or is capable of causing detrimental effect upon the health, the physiological and social or economic well-being of human beings.

Nursery, landscape means a business engaged in growing and selling trees, flowering and ornamental plants, grasses, shrubs, and other ground covers, which may be conducted within a building or without, for the purpose of landscape construction.

Nursery school means a use where care is provided for four or more children under kindergarten age.

Nursing home, rest home or convalescent home means a building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder, but not containing equipment for surgical care or for treatment of disease or injury. Said nursing home shall be licensed by the State Board of Health.

Occupancy means continuous, on going, and permanent use of land and buildings in a manner in which they are intended to be used. The term shall include the building or rooms housing each use. Change in occupancy is not intended to include change of tenants or proprietors of a substantially similar use to that which previously existed.

Office uses means those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired. These include: banks, general offices, professional offices, governmental office, insurance office, real estate office, travel agency or transportation ticket office, utility office, radio broadcasting and similar uses.

Open space means any open area not covered by a structure.

Open space, common means a parcel or parcels of land and/or an area of water not required for storage for the "regional flood"; within a site designated for private open space for the sole benefit, use, and enjoyment of the homeowners within a planned unit development or similar developments associated with common open space area.

Open storage means storage of any material outside of the building and/or structure.

Ordinary high water mark means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, back waters, and sloughs.

Parcel. See Lot.

Parking space means a suitably surfaced and permanently maintained area either within or outside of a building of sufficient size to store an automobile.

Parking structure means any building either above grade, below grade, or both, which is used for parking of motor vehicles.

Pedestrian way means a public or private right-of-way across or within a block, to be used by pedestrians.

Person means an individual, firm, partnership, association, corporation or organization of any kind.

Plan, comprehensive means comprehensive plan shall mean a compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, and recommendations for plan implementation. A comprehensive plan represents the planning agency's recommendations for the future development of the community.

Plan, site means a map or graphics prepared to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of the structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, existing and proposed grading, walk ways, and other site development information as related to a proposed development.

Planned unit development means a development, having two or more principal uses or structures on a single tract or tracts of land, developed according to a plan approved by the City, under single ownership or unified control. A planned unit development allows for flexibility not available under normal zoning district requirements. A planned unit development may include a combination of land uses.

Planting island means an interior landscaping feature surrounded on all sides by driving and/or parking surfaces.

Planting peninsula means an interior landscaping feature attached on only one side to perimeter landscaping, sidewalk area, buildings, etc., and surrounded on all other sides by off-street parking areas.

Portable storage container means a portable receptacle designed and used for the storage or shipment of household goods, refuse, building material or merchandise, including, but not limited to, dumpsters, construction trailers, shipping containers, semi-trailers, and portable on demand storage units (PODS) or other similar containers on wheels, or placed on the ground, and typically used for transportation or storage purposes.

Prevailing means the predominant or most frequent occurrence.

Principal structure or use means one which determines the predominant use as contrasted to accessory use or structure.

Property line means the legal boundaries of a parcel of property which may also coincide with the right-of-way of a road or ordinary high water mark.

Public land means land owned or operated by a municipality, school district, county, State, federal or other governmental unit.

Public building means a building owned and operated by a governmental unit including, but not limited to, fire stations, wells, City Hall, public works, senior citizen facility and police facilities.

Recreation, commercial means includes all uses such as bowling alleys, driving ranges and movie theaters, that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.

Recreation, public means includes all uses such as tennis courts, ball fields, picnic areas, and the like, that are commonly provided for the public at parks, playgrounds, community centers, and other sites, owned and operated by a unit of government for the purpose of providing recreation.

Recreational vehicle means any motorized or non-motorized vehicle, other than passenger vehicles and trucks, primarily manufactured for the express purpose of providing recreational activities, including, but not limited to, motor homes, trucks with camper shells, unmounted camper shells, camper and travel trailers, horse trailers, all-terrain vehicles, boats, jet skis, snowmobiles, ice shanties, utility trailer, and any trailer used to transport recreational vehicles.

Recreational vehicle, large means any recreational vehicle, including any trailer used for transport, that exceeds any of the following dimensions: height of seven feet, length of 20 feet, or width of ten feet. A trailer carrying multiple vehicles is considered a single unit. Recreational vehicles over 40 feet in length are not allowed in R-1 or R-2 Districts.

Recreational vehicle, small means any recreational vehicle, including any trailer used for transport, that does not exceed any of the following dimensions: height of seven feet, length of 20 feet, or width of ten feet. A trailer carrying multiple vehicles is considered a single unit.

Religious institution means a building, together with its necessary buildings and uses, where persons regularly assemble for religious worship and which buildings, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Restaurants, drive-in means restaurants in which customers are served food at a carryout counter or service window.

Restaurants, traditional means restaurant where food is served by a waitress or waiter to a customer and consumed while seated at a counter or table. Food is served in nondisposable containers.

Road means public or private right-of-way affording primary access by pedestrians and vehicles to abutting property whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, or however otherwise designated. Egress and ingress easements shall not be considered roads.

Room means a space within a building completely enclosed, except for openings for light, ventilation, ingress or egress.

Self-Storage facility means a building or a group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal items.

Setback, actual means the area between the abutting street right-of-way and the front of a principal dwelling, structure or use.

Setback, average means the mean setback of all principal dwellings along a block face.

Setback, shoreyard means the minimum horizontal distance between the structure and the ordinary high water mark.

Shrub means a woody plant, smaller than a tree, which consists of a number of small stems from the ground or small branches near the ground, may be deciduous or evergreen.

Sign means a name, identification, description, display, illustration, or device which is affixed to or represented directly or indirectly on a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution, or business.

Solar energy system means, equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttocks, female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state even if completely or opaquely covered.

Specified sexual activities means activities where human genitals are in a state of sexual arousal; acts of masturbation, sexual intercourse or sodomy; and fondling, or other erotic touching of human genitals, pubic region, buttocks or female breast.

Street means a public or private right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road, or way.

Structure means anything constructed, the use of which requires more or less permanent location on the ground.

Telecommunication tower means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure (as per Wis. Stats. § 66.0404). This definition excludes Amateur Radio Antennas (as per Wis. Stats. § 62.23(7)(hf)).

Tourist housing means any property used as a single-family residential or two-family residential dwelling unit which is rented fully (the entire dwelling unit) or partially (a bedroom or bedrooms) to guests under one contract on a short-term basis (less than 30 consecutive days), excluding boardinghouses and bed and breakfast inns, more than once per calendar year.

Tree means a large, woody plant having one or several self-supporting stems or trunks and numerous branches, may be deciduous or evergreen.

Tree, ornamental means a deciduous tree planted primarily for its decorative value or for screening, may be any size at maturity, but will tend to be smaller than a shade tree.

Tree, shade means a deciduous tree planted primarily for its high crown of foliage or overhead canopy.

Undue hardship means undue hardship as used in connection with the recommending of the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property not created by the landowner; and the variance, if recommended, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Code.

Use, accessory means a use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

Use, ancillary means a use which, while normally a principal use, serves a subordinate and complimentary role to the principal uses in the building in which it is located.

Use, permitted means a public or private use which of itself conforms with the purposes objectives, requirements, regulations and performance standards of a particular district.

Use, principal means the main use of land or buildings as distinguished from subordinate or accessory uses.

Use, special means a public or private use which possesses unique characteristics that may affect the community or the surrounding area; and therefore deserves special consideration and permission before being established.

Variance means a modification or variation of the provisions of this Code where it is determined that by reason of special and unusual circumstances relating to a specific lot, strict application of the Code would cause an undue hardship.

Vision clearance area means an unoccupied space extending along the full width of the front lot line between side lot lines and extending ten feet from the abutting street right-of-way. Such space shall remain clear of obstructions between three and ten feet above grade.

Vision clearance triangle means an unoccupied triangle space at the street corner of a corner lot. The triangle is formed by connecting the point where each street line intersects and two points located 25 feet along each street line. Such space shall remain clear of obstructions between three and ten feet above grade.

Yard means a required open space on the lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this chapter. A yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

Yard, front means a yard extending along the full width of the front lot line between the side lot lines and extending from the abutting street right-of-way to the depth required in the setback regulations for the zoning district in which such lot is located. Where irregular lot lines exist, the front yard shall be determined by the Department of Community Development.

Yard, rear means that portion of the yard on the same lot with the principal building located between the rear of the building and the rear lot line extending along the full width of the lot. Where irregular lot lines exist, the rear yard shall be determined by the Department of Community Development.

Yard, side means the yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. Where irregular lot lines exist, the side yard shall be determined by the Department of Community Development.

Yard sale (also referred to as a "garage" or "rummage sale") means a temporary activity that is conducted in whole or part within a residential property and involves the outdoor display and sale of the occupant's household goods.

Zoning district means an area or areas within the limits of the City for which the regulations and requirements governing use are uniform.

Zoning map means the map incorporated into this Code as a part thereof, designating the zoning districts.

(Code 1977, § 20.28; Ord. No. 1285, § 1, 3-2-2005; Ord. No. 1384, § 1, 12-3-2008; Ord. No. 2011-9, § 1, 5-4-2011; Ord. No. 2012-8, § 1, 7-18-2012; Ord. No. 2013-5, § 1, 2-20-2013; Ord. No. 2014-14, § 1, 8-6-2014; Ord. No. 2017-09, § 1, 6-21-2017; Ord. No. 2019-08, § 1, 2-27-2019; Ord. No. 2023-04, § 1, 4-4-2023)

The following miscellaneous regulations shall apply throughout the City:

Yard sales. Yard sales shall comply with the following standards: yard sales may only be held where permitted as an accessory use; yard sales shall be held no more than three times per year per address; yard sales may last no longer than three consecutive days; goods may not be displayed in the public right-of-way; no consignment goods or goods purchased for resale may be offered for sale; signage for yard sales are subject to Subsection 24-132(5); and all items offered for sale, display racks or stands, and signs shall be removed within 24 hours of completion of the sale.

(Ord. No. 2013-5, § 2, 2-20-2013)