The following words are used in this chapter in the following manner.

   MAY. A person, organization, board, or association may, but is not required, to act in the manner stated.

   SHALL and MUST. A person, organization, board, or association has a mandatory duty to act in the manner stated; such words are not used to declare a legal result.

   SHALL NOT, MAY NOT, and MUST NOT. A person, organization, board, or association has a mandatory duty to refrain from acting in the manner stated.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   ADULT BOOKSTORE. Any establishment in which the preponderance of the material offered for sale, rent, or display is characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as those terms are defined in this chapter.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

(Ord. 4270, passed 1-3-2022)

   ALLEY. A public way, usually situated at the rear of a lot, which serves as a secondary means of access to the abutting lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   ALL WEATHER SURFACING. A surface consisting of four inches of stabilized base overlaid with at least two inches of gravel, concrete, or asphaltic surfacing.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   APARTMENT. For purposes of a condominium property development, an enclosed space consisting of one or more rooms occupying all or part of a floor in a building of one or more floors or stories regardless of whether it be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use, provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   ARTERIAL STREET. A through street designed to carry the accumulated traffic of other streets feeding into it through the city.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   AUTOMOBILE SERVICE STATION. A business place, located on premises that abut on a street or highway, which supplies motorists with gasoline, oil, tires, and automobile accessories and services at retail direct to the motorist, including the making of minor repairs, but excluding making such major repairs as:

      (1)   Spray painting;

      (2)   Axle, body, clutch, differential, fender, frame, spring, and transmission repairs;

      (3)   Major engine overhaul requiring removal of the cylinder head or crankcase pan;

      (4)   Radiator repair requiring its removal; or

      (5)   Complete recapping or retreading of tires. The terms “filling station” and “service station” are included in this definition.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   AUTOMOBILE WRECKING YARD. An area outside a building:

      (1)   Where motor vehicles are disassembled, dismantled, wrecked, or junked;

      (2)   Where motor vehicles not in operating condition are stored; or

      (3)   Where used parts for motor vehicles are stored.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BASEMENT. Part of a building, wholly or partly below grade level, in which the greater part of the distance between its floor and ceiling is below grade level. A BASEMENT is not counted as a story in computing the number of stories a building has.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BILLBOARD. An advertising sign which directs the attention of the public to a business/activity conducted, or product sold or offered for sale at a location not on the same premises where such sign

is located.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BLOCK. An area enclosed by streets. When used as a term of measurement, it means:

      (1)   The distance measured along the centerline of a street between two intersecting streets; or

      (2)   If a dead-end street, the distance measured between the nearest intersecting street and the lot line abutting the dead end.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BOARDING, ROOMING, OR LODGING HOUSE. A building other than a hotel where either lodging or meals or both, for five or more persons are provided for compensation.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BODY PIERCING. Puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting removable jewelry or other objects through the human body, except that body piercing does not include puncturing the external part of the human ear lobe.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BRANDING. A permanent mark made on human tissue by burning with a hot iron or other instrument.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BREWERY. Any industrial use that brews ales, beers, meads, and/or similar beverages on site. BREWERIES are classified as a use that manufactures more than 10,000 barrels of beverage (all beverages combined) annually.

(Ord. 4208, passed - -2017)

   MICRO BREWERY. A facility for the production and packaging of malt beverages of low alcoholic content for distribution retail or wholesale, on- or off-premises, with a capacity of not more than 10,000 barrels per year. The development may include other uses, such as a standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district.

(Ord. 4208, passed - -2017; Ord. 4241, passed 12-17-2018)

   BREW PUB. A restaurant or hotel which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. By definition, these establishments produce no more than 10,000 barrels of beer or ale annually. The area, by definition, used for brewing, including bottling and kegging, shall not exceed 50% of the total floor area of the commercial space.

(Ord. 4208, passed - -2017)

   BUILDING. Any structure which has a roof supported by columns or walls, whether above or below ground level.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BUILDING COVERAGE. The percentage of the area of a lot or other tract of land which is covered by the maximum horizontal cross-section of a building or buildings located on it. Structures, including shelters for nuclear fallout, of which no part is above the grade of the lot, are not included in building coverage.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   BUILDING LINE. A line parallel, or nearly parallel, to either the street line or the lot line not abutting the street and at a specified distance from the street or lot line which marks the minimum distance from either line that a building may be erected. For buildings erected prior to June 10, 1974, the BUILDING LINE means the exterior wall or omitted wall line closest to the street or other lot line.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   The distance measured vertically at the front of the building from the mean grade to the highest peak

of the roof.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   See TRAVEL TRAILER. 

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CARPORT. A structure or a part of a structure, other than a garage, used to shelter motor vehicles.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CHILD CARE CENTER or PRESCHOOL. A place where care is provided:

      (1)   To four or more children under the age of 13 at any one time from families other than the provider’s own;

      (2)   Care may be provided any hour of the day, provided that any individual child may only be present for 12 hours or less per day;

      (3)   For compensation, either indirect or direct;

      (4)   On a regular basis;

      (5)   By a person other than their parents/guardians; and

      (6)   In full compliance with all of the applicable laws and regulations of the state pertaining to day care, whether such laws and regulations exist at the time of the passage of this chapter or are hereafter adopted.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CLINIC. A place where care, diagnosis, and treatment of sick, infirm, or injured persons or those needing medical or surgical attention is provided, but where board, room, or overnight lodging is not provided.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CLUB OR LODGE; PRIVATE. A building and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit nor to render a service customarily carried on as a business.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CLUSTER HOUSING DEVELOPMENT. A housing development comprising a group of tracts of real estate the areas of which are not required to comply individually within minimum lot area requirements, and which, for the purpose of compliance with minimum area requirements, may include the areas of common areas. Residential structures in such a development may have common walls, but the term does not include multi-story apartment type developments.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   COMMON AREAS. An entire planned unit development except all spaces therein granted or reserved to separate ownership.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a portion of a lot, block, or other tract of real estate, whether used for residential, business, commercial, or industrial purposes, together with a separate interest in a building on such tract. A CONDOMINIUM may include, in addition, a separate interest in other portions of such real property.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CONDOMINIUM DEVELOPMENT. An entire lot, block, or tract of land, and all structures thereon, which are or are to be, owned under a condominium regime.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CONDOMINIUM PROPERTY ACT. The Condominium Property Act of the state or the Nebraska Condominium Act as set forth in the state statutes, as now existing or hereafter amended.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CONVENIENCE WAREHOUSE STORAGE FACILITY. A series of storage spaces contained in one building or in a series of buildings which are designed and used for the purpose of renting or leasing individual storage spaces to persons in order that any person renting or leasing one or more of such individual storage spaces shall have access for the purpose of storing property therein.

(Ord. 3924, passed - -2006; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   CORRAL. An enclosure designed for the confinement of livestock, within which livestock in excess of 150 head at a particular time are confined.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   COURT. An open unoccupied space, other than a yard, on the same lot with a building or buildings and bounded on one or more sides by such building or buildings.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DAY CARE. The provision of care:

      (1)   To children under 13 years of age to four or more children at any one time from families other than the provider’s own;

      (2)   Care may be provided any hour of the day, provided that any individual child may only be present for 12 hours or less per day;

      (3)   For compensation, either direct or indirect;

      (4)   On a regular basis;

      (5)   By a person other than their parents/guardians;

      (6)   In a single-family detached dwelling unit; and

      (7)   In full compliance with all of the applicable laws and regulations of the state pertaining to DAY CARE whether such laws and regulations exist at the time of the passage of this chapter or are hereafter adopted.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DECORATIVE LANDSCAPE FEATURE. Any structure or object, composed of any material, natural or artificial, erected, planted, or positioned to enhance the visual or aesthetic value of the landscape of a tract of land.

(Ord. 3868, passed - -2005; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DISTILLERY. Any industrial use that distills on site. DISTILLERIES are classified as a use that manufactures more than 10,000 gallons annually.

(Ord. 4241, passed 12-17-2018)

   DISTILLERY; MICRO. A facility which distills and packages liquor for retail or wholesale on- or off-premises, produces 10,000 or fewer gallons of liquor annually, and is licensed by the state. The facility may include other uses such as a bar, tavern, tasting room, standard restaurant, or live entertainment as otherwise permitted in the zoning district.

(Ord. 4241, passed 12-17-2018)

   DOMESTIC VIOLENCE SHELTER. Any structure which is used primarily to provide temporary lodging and sanctuary for adult and child victims of domestic violence. No structure shall be considered a DOMESTIC VIOLENCE SHELTER unless the following conditions are met:

      (1)   The shelter must be staffed by at least one person during the hours of operation in which the structure is occupied by a victim or victims;

      (2)   No more than five adult victims may occupy the premises during a 24-hour period; and

      (3)   Occupancy by a victim of domestic violence shall not exceed seven consecutive days.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DORMITORY. A building or part of a building containing a room or rooms each designed or intended to be rented for occupancy by more than two persons.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DUPLEX. A dwelling consisting of two-family units split horizontally.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DWELLING. A building, or part thereof, designed for residential occupancy.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DWELLING UNIT. A room, or group of rooms with kitchen facilities intended to be occupied as separate living quarters by a family, a group of persons living together, or a person living alone.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DWELLING; ONE-FAMILY OR SINGLE-FAMILY. A building designed exclusively for occupancy by only one family.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DWELLING; TWO-FAMILY. A building designed exclusively for occupancy under one roof by two families living independently of each other.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   DWELLING; MULTIPLE-FAMILY. A building, or a part thereof, designed for occupancy under one roof by four or more families living independently of each other.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FAMILY.

   One or more persons living together and sharing common living, sleeping, cooking and eating facilities within an individual dwelling unit, no more than four of whom may be unrelated. The following persons shall be considered related for the purposes of this definition:

      (1)   Persons related by blood, marriage or adoption;

      (2)   Persons residing with a family for the purpose of adoption;

      (3)   Not more than eight persons residing in a foster house licensed and/or approved by the State of Nebraska; and

      (4)   Person(s) living with a family at the direction of a court.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017; Ord. 4264, passed 10-18-2021)

   FAMILY CHILD CARE HOME. A place where care is provided:

      (1)   To four or more, but not exceeding 12, children under age 13 at any one time from families other than that of the provider;

      (2)   For on the average of less than 12 hours per day;

      (3)   For compensation, either direct or indirect;

      (4)   On a regular basis;

      (5)   By a person other than their parents or guardians;

      (6)   In the home of the person providing the care; and

      (7)   In full compliance with all the applicable laws and regulations of the state pertaining to child care, whether such laws and regulations exist at the time of the passage of this chapter or are hereafter adopted.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FEEDLOT. An enclosure designed for the confinement of livestock or other commercially slaughterable animals or fowl, within which are confined at any particular time (not necessarily, repeatedly) animals or fowl, to which feed not grown within the enclosure is regularly provided, when a permit is required by NDEQ.

(Ord. 3951, passed - -2007; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FENCE. Any tangible barrier or obstruction composed of any material, natural or artificial, placed for the purpose, or having the effect, or preventing passage or view across the barrier or obstruction. The term includes “hedges” and “walls.”

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FENCE; PERIMETER. A fence which encloses, or substantially encloses, two or more contiguous or adjacent lots, blocks, or tracts of land.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FENCE; PRIVACY. Any fence erected or positioned to block a view of enclosed property.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FERTILIZER STORAGE AND MIXING PLANT. A facility where fertilizer or raw materials used in the mixing or manufacturing of fertilizer are stored and the component parts are mixed to make liquid and dry fertilizers or various combinations or blends of fertilizer. FERTILIZER STORAGE AND MIXING PLANT shall not include the storage or sale of prepackaged fertilizer which does not require any mixing or blending prior to sale or distribution.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FLOOR AREA. The total number of square feet of floor space within the exterior walls of a building, not including space in cellars and basements.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FLOOR AREA RATIO. The total floor area on a zoning lot divided by the lot area of that zoning lot. For example, a building containing 20,000 square feet of floor area on a zoning lot containing 10,000 square feet of area has a floor area ratio of two to one.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   FRONTAGE. The part of a lot which abuts a public right-of-way or the principal means of access to the lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   GARAGE. A structure, or part thereof, in which one or more motor vehicles are housed, stored, kept, or repaired. It does not include an exhibition room, show room, or warehouse where cars kept for sale are stored.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   GARAGE; PRIVATE. An accessory building, or an accessory part of a principal building, which is primarily intended and used for storage of privately-owned motor vehicles, boats, and trailers of the family or families residing on the premises where it is located but in which no business, service, or industry connected directly or indirectly with motor vehicles, boats, or trailers is carried on. It includes a carport.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   GARAGE; PUBLIC. A building where motor vehicles, boats, or trailers are painted, rebuilt, reconstructed, repaired, or stored for compensation.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   GROSS FLOOR AREA. The total area of floor space within the exterior walls of a building.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   HOME OCCUPATION. A business or profession, or an aspect thereof, which is carried on within a dwelling, or a building accessory thereto, and which by custom in the community constitutes a use of the premises which is incidental to use of the premises for dwelling purposes.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   EMERGENCY SHELTER. A residential facility operated by a government agency or by a private non-profit organization, which facility provides temporary accommodations to individuals or families who lack a fixed regular and/or adequate night-time residence.

(Ord. 3965, passed - -2008; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   HOTEL/MOTEL A building, or group of buildings, designed chiefly to provide for compensation for temporary lodging, with or without meals, containing individual sleeping units:

      (1)   Principally designed or used for temporary occupancy by tourists or transients;

      (2)   With convenient parking space for each unit; and

      (3)   With an entrance to each guest room or suite from an interior central hallway or independent exterior entrance.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   JUNKYARD. A space of 200 square feet or more located on a lot or tract of land which is used to store, dismantle, demolish, process, or abandon junk, or abandoned vehicles. The term “junk” shall have the meaning given to it in § 12-1-1 of this code of ordinances.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   KENNEL; DOG. A building, structure, or premises in or on which more than three dogs, at least five months of age, are harbored. The term does not include a dog pound operated by or under contract with the city.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LIVING QUARTERS. One or more rooms in a building designed for occupancy by one or more persons which may be used for living or sleeping purposes.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   See CLUB; PRIVATE. 

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   See CLUB; PRIVATE.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT. A single building site or a single parcel of land designated as a lot on a subdivision plat, a record of survey map, or described as such by metes and bounds, having sufficient area to accommodate a main building authorized, with respect to its location, by the municipal code. It includes two or more previously separate lots, or parts of lots, combined as a single building site for use as a single parcel of land.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT AREA. The total area of a lot lying within its lot lines.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT; CORNER. A lot situated at an intersection of two or more streets whose intersection angle does not exceed 135 degrees.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT COVERAGE. The percentage of lot area covered by the buildings and structures located on the lot. Buildings and structures include porches, breezeways, patio roofs, and like structures, but not fences or swimming pools.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT DEPTH. The average of the maximum and minimum distances between the front lot line and the rear lot line of the building site.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT; DOUBLE FRONTAGE. A lot which extends from street to street.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT; INTERIOR. A lot which is not a corner lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT; KEY. The first interior lot to the rear of a reversed corner lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT LINE. Any boundary line of a lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT LINE; FRONT.

      (1)   For an interior lot, the line separating the lot from the street or place on which it abuts; and

      (2)   For a corner lot, the line separating the lot from the street on which the majority of the lots in the block front.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT LINE; REAR. The lot line directly opposite most distant from the front lot line. In the case of an irregularly shaped lot, it is the lot line, at least ten feet long, which is parallel to, or most nearly so, and most distant from the front lot line.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT LINE; SIDE. Any lot line which is neither a front or rear lot line.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT OF RECORD. A lot whose separate entity has been established by a plat recorded in the office of the Register of Deeds.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT; REVERSED CORNER. A corner lot the rear lot line of which abuts on the side lot line of another lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   LOT WIDTH. The distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MAIN BUILDING. A building on a lot which is occupied by the primary use.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MANUFACTURED HOME.

      (1)   A factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. parts 3280 et seq., promulgated by the United States Department of Health and Urban Development; or

      (2)   A modular housing unit as defined in Neb. RS 71-1557 bearing the seal of the Department of Health and Human Services Regulation and Licensure.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MASTER DEED. A deed establishing a condominium property regime.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MOBILE HOME. 

      (1)   A movable or portable dwelling which:

         (a)   Is not less than eight feet in width;

         (b)   Is not less than 40 feet in length;

         (c)   Is so constructed as to be towable on its own chassis and to function without a permanent foundation;

         (d)   Can be connected to utilities; and

         (e)   Has kitchen and sanitary facilities.

      (2)   A MOBILE HOME may consist of one or more units which can be telescoped when being towed and later expanded to create additional capacity, or it may consist of two or more units which can be towed separately but are designed to be joined into an integral unit. A dwelling so constructed shall be deemed to be a MOBILE HOME whether or not mounted upon a temporary or a permanent foundation. MOBILE HOMES must meet HUD standards.

(Ord. 4072, passed - -2012; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MOBILE HOME PARK. A tract of land containing at least four and one-half acres owned by one legal entity and licensed as required by Article 9 of this chapter.

(Ord. 3992, passed - -2009; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MOBILE HOME PLANNED UNIT DEVELOPMENT. A mobile home development, on a lot or tract of land comprising not less than five acres, which is characterized by an integrated and coordinated arrangement under which the mobile home dwelling units are individually owned, and all of the common open space, including but not necessarily limited to, parking areas and drives, are owned in common by the owners of the mobile home dwelling units or by an incorporated or cooperative association of which such owners are the members.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MOBILE HOME PARK DRIVES. Privately-owned lanes and roadways within a mobile home park.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MOBILE HOME SPACE. A plot of ground within a mobile home park designated for the accommodation of one mobile home.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   MUNICIPAL USES. A use of the land, or buildings, for municipal purposes, such as water wells, parks, streets, alleys, and other public infrastructure operated and maintained by the city.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   NURSING HOME. A home for aged, chronically ill, or incurable persons in which three or more persons not of the immediate family are received, kept, and provided with food, or shelter and care for compensation.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   OCCUPANCY. The actual possession or use of a building, structure, lot, or tract of land.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   OPEN SPACE. Land areas which are not occupied by buildings, structures, streets, open visitor parking spaces, or alleys, except approved landscaped features and active recreational facilities that are part of a planned unit development.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   OPEN SPACE; COMMON. Open space which is suitably located and improved for common recreational purposes, active or passive, and is accessible to each lot or dwelling within a planned unit development through a system of public or private walkways.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   PHARMACY. Business premises wherein is carried on primarily the business of selling at retail of prescription and legal nonprescription drugs and medicines, and includes the selling at retail, as an incident to such business, of other medical supplies and equipment, personal care products and greeting cards.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   PERMANENT COLOR TECHNOLOGY. The process by which the skin is marked or colored by insertion of non-toxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human begin so as to form indelible marks for cosmetic purposes.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   PERMANENT COSMETIC FACILITY. A facility where procedures are performed in which permanent color technology is applied or pigment is applied with a needle, electronic machine, or other means to produce a permanent mark visible through the skin. Procedures include, but are not limited to the application of eyeliner, eyeshadow, lip, eyebrow, or cheek color for the purpose of enhanced aesthetic; scar concealment; and/or re-pigmentation of areas involving reconstructive surgery or trauma. A PERMANENT COSMETIC FACILITY must obtain appropriate licensure through the Nebraska Department of Health and Human Services for body art facilities.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   PERSON. An individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   PROPERTY. Land, leasehold interests in land, any building, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto or to any of such elements alone.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   PLANNED BUSINESS CENTER. Any business or commercial development on a lot or tract of land which contains not less than five acres and is characterized by an integrated or coordinated arrangement of stores, shops, offices, buildings, and facilities.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   RECREATION AREAS. The common open space which is usable for recreational purposes, whether or not developed with active facilities, such as swimming pools, tennis courts, recreational buildings, a clubhouse, or similar facilities located within a planned unit development.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   RECYCLING CENTER. A building in which aluminum and tin cans, glass and plastic containers, and newspapers and paper products, or any of these, are received, stored, and compacted for subsequent transportation to a processing facility.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   REVERSED FRONTAGE. The situation in which the rear lot line of a corner lot abuts the side lot line of the adjacent interior lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   See BOARDING HOUSE. 

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SATELLITE EARTH STATION; HEIGHT. The height of the dish measured vertically from the highest point of the dish, when positioned for operation, to the bottom of the base which supports the dish.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SCRAP METAL PROCESSING FACILITY. An establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap-for sale for remelting purposes.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SERVICE BUILDING. A building or buildings located in a mobile home park or trailer park which provide laundry and drying, toilet, or bathing facilities to occupants of the park.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SETBACK LINE. A line, as shown on a recorded plat or otherwise established by the City Council, beyond which no part of a main exterior wall of a building or structure may project.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SETBACK LINE; FRONT. The setback line at the front of the lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SETBACK LINE; REAR. The setback line at the rear of the lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SETBACK LINE; SIDE. The setback line at either side of the lot.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGHT TRIANGLE. An area at a street intersection in which no buildings shall be erected or placed and no trees, bushes, or shrubs shall be planted in a manner which impedes vision between a height of two and one-half 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, 50 feet in each direction along the centerline of the streets. At the intersection of major arterial streets, the 50-foot distance shall be increased to 100 feet for each leg of the intersection.

(Ord. 3931, passed - -2007; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN. Any device containing elements or symbols, organized or related, which is designed to inform or to attract the attention of persons not on the premises on which the SIGN is located; provided, however, that mailbox numbers or names, government flags or insignia, legal notices, governmental identification, information, or direction signs, shall not be included within this definition.

(Ord. 3931, passed - -2007; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; AREA OF. The entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character. The AREA OF A SIGN having no such perimeter or border shall be computed by enclosing the entire area with parallelograms, squares, rectangles, triangles, or circles of the smallest size sufficient to cover the entire AREA OF THE SIGN and computing the area of these parallelograms, squares, rectangles, triangles, or circles. The area computed shall be the maximum portion or portions which may be viewed from any one direction.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN STRUCTURE. The supports, uprights, bracing, guy rods, cables, and frame work of a sign or outdoor display.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; ACCESSORY. A sign which directs attention to a business, product, activity, or service conducted, sold, or offered for sale on the lot or tract of land where the sign is located.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; ATTACHED. A sign mounted flat against a wall or side of a building or structure.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; DETACHED. A freestanding sign, and includes such signs whether standing upon the ground or upon a building or structure, and whether permanently fixed or movable, but does not include mobile signs.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; MOBILE. A movable or portable sign that is so constructed as to be towable on its own chassis and to function without a permanent base or support.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; EXTENDING. A sign mounted perpendicularly to the wall of a building.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; POLITICAL. A sign, advertising structure, or display which communicates any message or idea identifying, supporting, opposing, promoting, conveying a position upon, or relating to any candidate for public office or proposition, amendment, or issue connected with any local, special, state, or national election. The term does not include political buttons, vehicle bumper stickers, signs on garments or hats, or political campaign memorabilia carried on the person.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SIGN; TEMPORARY DETACHED. A detached sign which meets one or more of the following criteria:

      (1)   Relates a message that changes frequently or becomes outdated;

      (2)   Made of materials of relatively low durability;

      (3)   Intended to be removed or replaced within a period of six months or less; or

      (4)   Is portable.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SOLID WASTE TRANSFER STATION. A building in which solid waste is deposited and sorted for recycling or disposal, and from which it is transported within ten days after initial deposit, to a recycling center or to a landfill site licensed by the state. The term SOLID WASTE means solid waste as defined in Chapter 19 of this code of ordinances, however, that anything which is a hazardous waste shall not be considered a SOLID WASTE which is allowed to be deposited and sorted in a SOLID WASTE TRANSFER STATION. The term HAZARDOUS WASTE means hazardous waste as defined in Chapter 19 of this code of ordinances. The term HAZARDOUS WASTE shall also include any substance which is defined as a hazardous waste by the Rules and Regulations of the Nebraska Department of Environmental Control, as such rules and regulations are or may become effective from time to time.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - - 2017)

   SPECIFIED ANATOMICAL AREAS.

      (1)   Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; or

      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SPECIFIED SEXUAL ACTIVITIES.

      (1)   Human genitals in a state of sexual stimulation or arousal;

      (2)   Acts of human masturbation, sexual intercourse, or sodomy; or

      (3)   Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STORE. To place or leave in a location for preservation or later use or disposal.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STORY. The part of a building, not including a basement:

      (1)   Between the surface of any floor and the surface of the next floor above it; or

      (2)   If there is no floor above, then the space between any floor and the ceiling next above it.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STORY; HALF. A story directly under a gable, hip, or gambrel roof whose wall plates on at least two opposite exterior walls are not more than two feet above the floor of that story.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STREET. A public way, road, or highway, furnishing the principal means of access to an abutting lot or tract of land.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STREET; FRONT. A street on which the majority of the lots in the block front.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STREET; SIDE. A street which intersects a front street.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STRUCTURE. Anything constructed or erected on the ground, or attached to something constructed or erected on the ground. The term includes manufactured homes, signs, billboards, and fences so constructed, erected, or attached.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   STRUCTURAL ALTERATION. A change in any supporting members, such as bearing wall, column, beam, or girder of any structure.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   SUBDIVISION. The dividing of any parcel of land into two or more parcels.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   TATTOOING. The process by which the skin is marked or colored by insertion of non-toxic dyes

or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for decorative or figurative purposes.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   TATTOO/BODY PIERCING ESTABLISHMENT. Any establishment where tattooing, branding, and/or body piercing is engaged in and where the business of tattooing, branding, and/or body piercing is conducted, or any part thereof. This definition does not include practices that are considered medical procedures, such as implants under the skin. Practices recognized as medical procedures by the State Medical Board shall not be performed in a TATTOO/BODY PIERCING ESTABLISHMENT. All TATTOO/BODY PIERCING ESTABLISHMENTS must obtain appropriate licensure through the Nebraska Department of Health and Human Services for body art facilities.

(Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   TEMPORARY. Less than 12 months.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   TOWNHOUSE. An arrangement of single-family dwelling units, joined by common walls on not more than two sides, with the uppermost story being a portion of the same dwelling located directly beneath at the grade of the first floor area, and having exclusive individual ownership and occupancy rights of each dwelling unit, including, but not limited to the land area directly beneath such dwelling unit.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   TRAVEL TRAILER. A portable vehicular structure built on a chassis which is designed to be used as a temporary dwelling while traveling, the body of which is not more than eight feet wide nor 32 feet long, and which usually contains bath or toilet facilities, or both. The term includes a camper.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   TRAILER PARK. A tract of land which is not a mobile home park but contains individual parking lots for travel trailers. It may have temporary hookup facilities for plumbing and electrical services.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   UNIT. The element of a planned unit development which is not owned in common with the owners of other elements in the development.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   USE; ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   USE; CONDITIONAL. A use classified as conditional may be appropriate or desirable in a specified zone, but requires special approval because if not carefully located or designed, it may create special problems, such as excessive bulk, height, or abnormal traffic conditions.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   USE; NONCONFORMING. Use of land, buildings, or structures legally existing at the effective date of this chapter which does not comply with all regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   USE; PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and performance standards of particular zoning district.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   USE; PRINCIPAL. The primary use of land or buildings as distinguished from accessory uses. A PRINCIPAL USE may be either permitted or conditional.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   USED CAR LOT. A lot or tract of land where second-hand automobiles, intact and ready for operation, are kept and offered for sale.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   VARIANCE. An authorization granted by the Board of Adjustment with respect to a lot, tract of land, building, or structure so as to permit the use of a lot or tract of land, or the construction, reconstruction, maintenance, repair, or use of a building or structure, which is otherwise prohibited by this chapter, because of peculiar and exceptional practical difficulties, or an exceptional and undue hardship of a type recognized by Neb. RS 19-910, as amended, as grounds for the granting of a variance.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   YARD. An open space, other than a court, on a lot or tract of land generally unobstructed, except as permitted in this chapter from the ground upward.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   YARD; FRONT. A yard extending the full width of a lot or tract of land between the front wall of the main building and the front lot line.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   YARD; REAR. A yard extending the full width of a lot, or tract of land, between the rear of the main building and the rear lot line. The depth of a required REAR YARD is measured from the nearest point of the rear lot line to the nearest point of the main building.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   YARD; SIDE. A yard between a side wall of the main building and the side lot line extending from the front yard to the rear yard.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - - 2017)

   ZONING DISTRICT. An area delineated on a zoning map for which uniform use regulations are specified.

(Ord. 3639, passed - -2000; Ord. 4187, passed - -2016; Ord. 4208, passed - -2017)

   ZONING MAP. A map or maps directly enacted by the City Council as a part of this chapter showing the boundaries of a zoning district or districts, a copy or copies of which, certified to have been enacted as provided by law, is filed in the office of the City Clerk as a direct record of the city, and a copy of which is attached to a copy of the text of this chapter.

(Ord. 3639, passed - -2000; Ord. 4208, passed - -2017)