The following words, terns; and phrases are defined and shall be interpreted in the same fashion throughout this title. The word "including" shall mean "including but not limited to." The word "shall" is mandatory. The word "may" is permissive. Words used in the present tense shall include the future. Words and numbers used singularly shall include the plural and the plural shall include the singular. The word "person" includes a corporation, members of a partnership, or other business organization, a committee, board, trustee, receiver, agent, or other representative. The words "use," "used," "occupy," or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied. Words or terms not herein defined shall have their ordinary meaning in relation to the context.

(Ord. 304, Art. 4(part), 1990)

"Abut" means to physically touch or border upon; to share a common property line.

(Ord. 304, Art. 4(part), 1990)

"Access" means a way or means of approach to provide physical entrance to property.

(Ord. 304, Art. 4(part), 1990)

"Accessory buildings and uses" means a subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the main use on the premises. An accessory use is one which is incidental to the main use of the premises.

(Ord. 304, Art. 4(part), 1990)

"Adult bookstore" means an enclosed building having as a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

(Ord. 304, Art. 4(part), 1990)

"Adult cinema" means an enclosed building used on a regular basis for presenting pictorial materials or other visual images by way direct, or indirect projection, which materials are distinguished or characterized by an emphasis on the depiction of specified sexual activities or specified anatomical areas, for observation by patrons therein in return for the payment of a consideration, irrespective of the number of patrons who may be able to view the presentation at one time.

(Ord. 304, Art. 4(part), 1990)

"Adult entertainment center" means an adult bookstore or adult cinema, or both.

(Ord. 304, Art. 4(part), 1990)

"Alley" means a way which affords only a secondary means of access to abutting property.

(Ord. 304, Art. 4(part), 1990)

"Alteration" means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions; any change in doors, windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another.

(Ord. 304, Art. 4(part), 1990)

"Animal hospital or clinic" means a place where animals or pets are given medical treatment and the boarding of animals is limited to short term care incidental to the hospital or clinic use.

(Ord. 304, Art. 4(part), 1990)

"Annexation" means the incorporation of land area into the city with a resulting change in the boundaries of the city.

(Ord. 304, Art. 4(part), 1990)

"Apartment" means a room or suite of rooms in a multiple-family dwelling used or designed for occupancy by a single-family unit.

(Ord. 304, Art. 4(part), 1990)

"Basement" means a story having part, but not less than one-half, of its height below grade.

(Ord. 304, Art. 4(part), 1990)

See "lodging house."

(Ord. 304, Art. 4(part), 1990)

"Building" means a structure having a roof supported by columns or walls.

(Ord. 304, Art. 4(part), 1990)

"Accessory building" means a subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.

(Ord. 304, Art. 4(part), 1990)

"Height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof or the deck lines of a mansard roof or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

(Ord. 304, Art. 4(part), 1990)

"Building official" means the person or persons designated by the governing body to administer this zoning title, whether such person or persons be entitled building official, building inspector, administrative official, administrative officer or enforcing officer.

(Ord. 304, Art. 4(part), 1990)

"Car wash" means an establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

(Ord. 304, Art. 4(part), 1990)

See "basement."

(Ord. 304, Art. 4(part), 1990)

"Child care center" means a child care facility where supplemental parental care is regularly provided to nineteen or more children which is subject to requirements as set forth in Section 50-11.1 of the North Dakota Century Code.

(Ord. 304, Art. 4(part), 1990)

"Child care facility (public or private)" means any facility where supplemental parental care is regularly provided, whether the facility is known as a day care home, day care center, day nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known by any other name.

(Ord. 304, Art. 4(part), 1990)

"Clinic" means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, or social workers and where patients are not usually lodged overnight.

(Ord. 304, Art. 4(part), 1990)

"Comprehensive plan" means the duly adopted comprehensive plan for the development of the community.

(Ord. 304, Art. 4(part), 1990)

"Conditional use" means a use which generally would not be suitable in a particular zoning district, which would be acceptable under certain circumstances. The permit shall be granted for a particular use and not for a particular person or firm.

(Ord. 304, Art. 4(part), 1990)

"Development" means any manmade change to improved or unimproved real estate.

(Ord. 304, Art. 4(part), 1990)

"Developmentally disabled person" means a person with a severe, chronic disability which:

(1)

Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2)

Is manifested before the person attains age twenty-two;

(3)

Is likely to continue indefinitely;

(4)

Results in substantial functional limitations in three or more of the following areas of major life activity:

(A)

Self-care;

(B)

Receptive and expressive language;

(C)

Learning;

(D)

Mobility;

(E)

Self-direction;

(F)

Capacity for independent living;

(G)

Economic sufficiency; and

(5)

Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are lifelong or extended duration and are individually planned and coordinated.

(Ord. 304, Art. 4(part), 1990)

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

(Ord. 304, Art. 4(part), 1990)

"Dormitory" means a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

(Ord. 304, Art. 4(part), 1990)

"Driveway" means a private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

(Ord. 304, Art. 4(part), 1990)

"Driving aisle" means in a parking lot that portion of a lot which allows ingress and egress of vehicles from a public or private right-of-way to the parking stall.

(Ord. 304, Art. 4(part), 1990)

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

(Ord. 304, Art. 4(part), 1990)

"Multiple-family dwelling" means a building having accommodations for and occupied exclusively by more than two families.

(Ord. 304, Art. 4(part), 1990)

"Single-family dwelling" means a building having accommodations for and occupied exclusively by one family.

(Ord. 304, Art. 4(part), 1990)

"Two-family dwelling" means a building having accommodations for and occupied exclusively by two families.

(Ord. 304, Art. 4(part), 1990)

"Dwelling unit" means one or more rooms in a dwelling designed for occupancy by only one family unit.

(Ord. 304, Art. 4(part), 1990)

"Family" means one or more persons related by blood, marriage, or adoption occupying a dwelling unit as members of a single housekeeping organization.

(Ord. 304, Art. 4(part), 1990)

"Family child care home" means an occupied private residence in which supplemental parental care is regularly provided for no more than seven children from more than one family or no more than four children ages two and under.

(Ord. 304, Art. 4(part), 1990)

"Farm" means a parcel of land used for agricultural purposes.

(Ord. 304, Art. 4(part), 1990)

"Farm residence" means a residential dwelling located on and directly associated with a farm.

(Ord. 304, Art. 4(part), 1990)

"Floor area" means the total number of square feet of floor space within the existing walls of a building, not including basements, carports, or garages.

(Ord. 304, Art. 4(part), 1990)

"Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the property 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.

(Ord. 304, Art. 4(part), 1990)

"Private garage" 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.

(Ord. 304, Art. 4(part), 1990)

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

(Ord. 304, Art. 4(part), 1990)

"Storage garage" means a building, or portion thereof, designed or used exclusively for housing four or more motor-driven vehicles.

(Ord. 304, Art. 4(part), 1990)

"General agricultural or farm operations" means the current employment of land for the purposes of obtaining a profit in money by the raising, harvesting, and selling crops or by the feeding, breeding, management and sale of, or the produce of livestock, poultry, fur-bearing animals or honey bees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or combination thereof. Farm use includes the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise. It includes the construction and use of dwellings and other buildings customarily provided in conjunction with the farm use.

(Ord. 304, Art. 4(part), 1990)

"Governing body" means the city council of the city of Rugby, North Dakota.

(Ord. 304, Art. 4(part), 1990)

"Group child care home (facility)" means a child care facility where supplemental parental care is regularly provided for eight to eighteen children, which is subject to requirements as set forth in Chapter 50-11.1 of the North Dakota Century Code.

(Ord. 304, Art. 4(part), 1990)

"Home occupation" means an occupation or activity carried on in the principal building which meets all the following conditions:

(1)

The occupation is carried on by a member or members of the immediate family residing on the premises;

(2)

The occupation is customarily incidental to the use of the premises as a dwelling place;

(3)

Not more than one nonilluminated nameplate is used. The nameplate shall be attached to the building and shall not exceed two square feet in area;

(4)

The occupation does not occupy more than twenty-five percent of the floor area of one floor of the principal building;

(5)

No display will indicate from the exterior of the building that the premises are being used in part for any purpose other than a dwelling;

(6)

There is no commodity displayed or stored on the premises except that which is prepared on the premises;

(7)

No mechanical equipment is used except of a type that is normally used for purely domestic or household purposes;

(8)

No alteration of the principal building changes the character thereof as a dwelling;

(9)

The following are declared to be customary home occupations as intended by this section:

(A)

Office for the emergency consultation and treatment but not the general practice of a physician, surgeon, dentist, lawyer, clergyman and other recognized professions;

(B)

Office for the general practice of a lawyer, clergyman, accountant, and other recognized professions;

(C)

Office for the emergency consultation and treatment but not for the general practice of a physician, surgeon, dentist, or other medical professions;

(D)

Office and equipment storage area for electricians, plumbers, carpenters, and other such occupations in which the work is performed off-site from the office;

(E)

Dressmaking, sewing, millinery and similar occupations; artist, sculptor and similar occupations;

(F)

The giving of voice, piano or other musical instrument lessons;

(10)

The determination as to whether or not a particular profession or occupation is similar to those enumerated herein and is permissible as a home occupation shall be made by the planning commission, after notification by the individual requesting such determination to all property owners located within three hundred feet of the property where the home occupation will be conducted. Evidence of such notification shall be presented to the planning commission prior to consideration of the request for determination of home occupation;

(11)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(Ord. 304, Art. 4(part), 1990)

"Hospital" means an establishment used primarily for in-patient care and provides health, medical, mental, and surgical care of the sick or injured.

(Ord. 304, Art. 4(part), 1990)

"Hotel or motel" means a building used as a transient abiding place for persons who are lodged for compensation.

(Ord. 304, Art. 4(part), 1990)

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

(Ord. 304, Art. 4(part), 1990)

"Junk yard" means an area of more than two hundred square feet or any area not more than fifty feet from any street, used for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials or goods, used for dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

(Ord. 304, Art. 4(part), 1990)