These regulations shall be known as the Uniform Zoning Code, may be cited as such and will be referred to herein as "this Code."

(Ord. of 11-8-99, § 101)

The purpose of this Code is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings through the regulated and orderly development of land and land uses within this jurisdiction. The provisions of this Code are to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements.

(Ord. of 11-8-99, § 102)

The provisions of this Code and the building regulations chapter shall apply within the corporate limits of the municipality and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of two miles in all directions, as established on the two maps entitled "Use and Height District Maps of South Sioux City," as the same may be amended by subsequent annexation. Said maps and amendments thereto and all explanatory matter thereof are hereby made a part of this chapter. Said maps shall be on file in the office of the register of deeds, and a certified copy thereof shall be furnished to the municipal clerk-treasurer. The council shall cause all amendments which are authorized by ordinance to be posted on said maps or supplements thereto, immediately upon the effective date of such ordinances, indicating the number of the ordinance by which the changes were made.

(Ord. of 11-8-99, § 103)

The provisions of this Code shall apply to the construction, alteration, moving, repair and use of any building, parcel of land or sign within a jurisdiction, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this Code.

Where, in any specific case, different sections of this code specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

In fulfilling these purposes, this ordinance is intended to benefit the public as a whole and not any specific person or class of persons. Although through the implementation, administration and enforcement of this code, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.

If any portion of this code is held invalid for any reason, the remaining herein shall not be affected.

(Ord. of 11-8-99, § 104)

A fee for services shall be charged. All fees shall be set by the jurisdiction and schedules shall be available at the office of the zoning code official.

(Ord. of 11-8-99, § 105)

(a)

General. Lawfully established buildings and uses in existence at the time of the adoption of this code may have their existing use or occupancy continued, if they are maintained with their conditions of approval, provided such continued use is not dangerous to life. It is the intent of this chapter to permit nonconforming uses to continue provided they conform to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

Exception. The board of adjustment may determine that the failure to allow such changes would bring hardship to the owner or occupant or such failure would be a miscarriage of justice.

(2)

When a nonconforming use of a structure or premise is discontinued or abandoned the structure or premise for a period of 12 months, or as otherwise indicated by this code, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(3)

Any use, which becomes a nonconforming use, may be extended throughout the building in which it is located; provided, no structural alterations, or additions are made to the building other than those required by law or ordinance.

(4)

Whenever a use district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to a use permitted in that district; provided, all other regulations governing the new use are complied with.

(5)

Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not hereafter be changed to a less restricted use.

(b)

Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the code official may cause any structure or use to be inspected.

(c)

Moved and temporary buildings. Buildings or structures moved into or within the jurisdictions shall comply with the provisions of this code for new buildings and structures.

(Ord. of 11-8-99, § 106)

(a)

General. This section establishes the duties and responsibilities for the zoning code official and other officials and agencies, with respect to the administration of this code. The zoning code official and/or designee shall be referred to hereafter as "the code official."

(b)

Deputies. The code official may appoint such number of technical officers and other employees as shall be authorized from time to time. The code official may deputize such employees as may be necessary to carry out the functions of the code enforcement agency.

(c)

Reviews and approvals. The code official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this code.

(d)

Comprehensive plan. The code official shall assist the planning commission in the development and implementation of the comprehensive plan.

(e)

Administrative reviews and permits.

(1)

Review of building permits. All applications for building permits shall be submitted to the code official for review and approved prior to permit issuance. Each application shall include a set of building plans and all data necessary to show that the requirements of this code are met.

(2)

Site plan reviews. The code official shall receive all submittals for a site plan review. Such submittals shall be reviewed for completeness and then forwarded to the appropriate body for review.

(3)

Conditional-use permits. The code official shall receive all applications for conditional use, review for completeness and prepare submittals for review by the appropriate body. The code official shall place on the property under consideration a notice 10 days prior to the public meeting. Such notice shall contain the date, time and location of the public meeting, a brief description of the proposed use, the address of the site location and legal description of the site.

(4)

Amendments. All requests for amendments or changes to the zoning code or map shall be submitted to the code official for processing.

(f)

Interpretations. The interpretation and application of the provisions of this code shall be by the code official. An appeal of an interpretation by the code official shall be submitted to the board of adjustments, who, unless otherwise provided, is authorized to interpret the code, and such interpretation shall be considered final.

(g)

Liability. The code official, or designee, charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties described in this code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the jurisdiction.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this code.

(h)

Cooperation of other officials and officers. The code official may request, and shall receive so far as is required in the discharge of the duties described in this code, the assistance and cooperation of other officials of the jurisdiction.

(i)

Authority, right of entry. The code official is hereby authorized and directed to enforce all the provisions of this code.

Whenever necessary to make an inspection to enforce any of the provisions of this code or whenever the code official or his authorized representative has reasonable cause to believe that there exists any condition which violates any portion of this code, the code official or his authorized representative may enter the premises or building at all reasonable times to inspect or perform any duty imposed upon the code official by this code. Provided, that he shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the land or premises and demand entry. If such entry is refused, the code official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the code official or his authorized representative for the purpose of inspection and examination pursuant to the code. Any person violating this subdivision shall be guilty of a misdemeanor.

(j)

Enforcement responsibility. No building permit shall be issued by the code official, for the erection or structural alteration of any building, unless the plans conform to this code.

(k)

Certificate of occupancy. A certificate of occupancy shall be required to erect, construct, reconstruct, alter, maintain, or use any building or structure, or to use any land as herein specified. If shall be the duty of the code official to issue a certificate to occupancy if the building or other structure and the proposed use thereof, or the proposed use of the land or premise, conforms with all of the requirements herein set forth and the same has been approved by the governing body.

(l)

Application for certificate of occupancy. To obtain a certificate of occupancy, the applicant shall follow the procedure hereinafter set forth. A. Certificate of occupancy of a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building shall have been completed in conformity with the provisions of this code and all other applicable codes. B. Certificate of occupancy for the use of vacant or the change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after the application has been made; provided, such use is in conformity with the provisions of this code. A record of all certificates shall be kept on file in the office of the clerk-treasurer, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or properly affected. No fee shall be charged for an original certificate applied for coincident with the application for a building permit. For all other certificates or for copies of the original certificate there shall be a fee.

No permit for excavation for any building shall be issued before application has been make for certificate of occupancy.

Certificate of occupancy for a nonconforming use existing on June 1, 1965 shall be issued by the code official and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this code.

(m)

Building permits. All applications for building permits shall be filed with the code official or other agent designated by the city council and be accompanied by a plat in duplicate to scale, showing the actual dimensions, radii and angles, of the lot to be build upon, with the exact size, dimensions, and locations of the buildings and accessory buildings to be erected, and the use for which designated. A careful record of such applications and plats shall be kept in the office of the code official.

(n)

Penalties and remedies. Any person, firm, or corporation violating any provision of this code shall be deemed guilty, and upon conviction thereof shall be fined as allowed by law. Each and every day which such illegal locating, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense. In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this code, the code official, or any other appropriate municipal authority, or any person who would be damaged by such violation in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation.

(Ord. of 11-8-99, § 201)

(a)

General. This section addresses the duties and responsibilities of a planning commission, hereafter referred to as "the commission," and other officials and agencies, with respect to the administration of this code.

(b)

Planning commission; members; term; vacancies; alternate members. The planning commission shall consist of nine regular members who shall represent, insofar as is possible, the different professions or occupations in the municipality and shall be appointed by the mayor, by and with the approval of a majority vote of the members elected to the council. Two of the regular members may be residents of the area over which the municipality is authorized to exercise extraterritorial zoning and subdivision regulations. When there is a sufficient number of residents in the area over which the municipality exercised extraterritorial zoning and subdivision regulations, one regular member of the commission shall be a resident from such area. If it is determined by the city council that a sufficient number of residents reside in the area subject to extraterritorial zoning or subdivision regulations, and no such resident is a regular member of the commission, the first available vacancy on the commission shall be filled by the appointment of such an individual. A number of commissioners equal to a majority of the number of regular members appointed to the commission shall constitute a quorum for the transaction of any business. All regular members of the commissions shall serve without compensation and shall hold no other municipal office except when appointed to serve on the board of adjustment. The term of each regular member shall be three years. Vacancies, occurring otherwise than through the expiration of term, shall be filled for the unexpired portion of the term of the mayor. A city of the first class may, by ordinance, provide for the appointment of one alternate member to the planning commission who shall be chosen by the mayor with the approval of a majority vote of the elected members of the council. The alternate member shall serve without compensation and shall hold no other municipal office. The term of the alternate shall be for three years and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the mayor with the approval of a majority vote of the elected members of the council. The alternate member may attend any meeting and may serve as a voting and participating member of the commission at any time when less than the full number of regular commission members is present and capable of voting.

(c)

Chairperson election and rules adoption. The commission shall elect from its membership a chairperson. It shall also establish and adopt rules for its organization and transaction of business and shall keep a public record of its proceedings.

(d)

Commission secretary. A secretary to assist the commission shall be elected by the commission. The secretary shall keep minutes of the commission meetings for public record and conduct all correspondence, including the notification of decisions. The secretary shall also certify records. The secretary shall prepare and submit the minutes of commission meetings to the chairperson and the commission.

(e)

Comprehensive plan; duties and powers. It shall be the duty of the commission, after holding public hearings, to create and recommend to the legislative body a comprehensive plan for the physical development of the jurisdiction, which may include areas outside of its boundaries which impact the planning of the jurisdiction. The comprehensive plan shall include at least the following elements:

(1)

Official maps.

(2)

Growth and land use.

(3)

Commercial/industrial uses.

(4)

Transportation and utilities.

(5)

Community facilities.

(6)

Housing.

(7)

Environmental.

(8)

Geologic/natural hazards.

The commission may also recommend amendments to the comprehensive plan.

(f)

Zoning code. It shall be the duty of the commission to create, adopt and recommend to the legislative body a zoning code in accordance with the guidelines of the comprehensive plan, establishing zones within the jurisdiction. Such code shall consider the character of each district and the most appropriate use of land within the jurisdiction.

The commission shall make periodic reports and recommendations to the legislative body.

(g)

Division of land regulations. It shall be the duty of the commission to create, adopt and certify regulations governing the division of land. All divisions of land shall be in accordance with the adopted regulations.

(h)

Conditional-use permits. It shall be the duty of the commission to review and comment on conditional-use permit applications. The application shall be accompanied by maps, drawings or other documentation in support of the request. The granting of a conditional-use permit shall not exempt the applicant from compliance with other relevant provisions of related ordinances.

(i)

Appeals and hearings. Any person with standing aggrieved by any decision of the commission shall have the right to appeal as provided by this code or state law. Such appeals shall be based on the record.

(Ord. of 11-8-99, § 202)

Upon adoption of the zoning code by the legislative body, no use, building or structure, and no public utility, whether publicly or privately owned, shall be constructed or authorized until the location and extent thereof conform to said plan.

(Ord. of 11-8-99, § 203)

(a)

General. This section addresses the duties and responsibilities of a board of adjustment, hereafter referred to as "the board," and other officials and agencies, with respect to the administration of this code.

(b)

Establishment of the board. The establishment of the board shall be in accordance with the procedures and policies set forth in state law. The board shall consist of the number of members as specified in state law. Additionally, one member of the commission shall be appointed as liaison to the board. Such member shall have the right to attend all meetings and take part in all discussions, but shall not vote on board decisions.

(c)

Terms for members. The terms of office for the members of the board shall be as set forth in state law. Members may be removed for cause upon written charges and after a public hearing before the legislative body of the jurisdiction, if such hearing is requested.

(d)

Selection of members. All members shall be appointed and approved by the legislative body of the jurisdiction served. The terms of office shall be staggered at intervals, so as to provide continuity in policy and personnel. Members of the board shall be residents of the jurisdiction served. Members shall serve without compensation. One member shall reside in the extraterritorial zoning jurisdiction. Any vacancy for the unexpired term of any member whose term is not completed shall be filled. A member shall continue to serve until a successor has been appointed and approved by the legislative body of the jurisdiction.

(e)

Chairperson election and rules adoption. The board shall elect from its membership a chairperson. It shall also establish and adopt rules for its organization and the transaction of business and shall keep a public record of its proceeding.

(f)

Board secretary. A secretary to assist the board shall be appointed by the code official. The secretary shall keep minutes of the board meetings for public record and conduct all correspondence, including the notification of decisions. The secretary shall also certify records. The secretary shall prepare and submit the minutes of board meetings to the chairperson and the board.

(g)

Duties and powers.

(1)

Errors. The board shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination or interpretation by the code official.

(2)

Variances. The board shall have the power to hear and decide on appeals wherein a variance to the terms of this code is proposed. Limitations as to the board's authorization shall be as set forth in this code.

(3)

Decisions. The board may decide in any manner it sees fit. Provided, however, that in interpreting and applying the provisions of this code the requirements shall be deemed to be the spirit and intent of the code and do not constitute the granting of a special privilege.

(Ord. of 11-8-99, § 204)

(a)

General. This section addresses the duties and responsibilities of the planning commission, hereafter referred to as the "commission" and other officials and agencies with respect to the administration of this code.

(b)

Duties and powers. The commission shall hear and consider all applications for discretionary land rezones and use decisions as authorized by the legislative body by resolution. Such considerations shall be set for public hearing.

(c)

Decisions and recommendations. The commission shall forward their decisions and recommendation to the city council. Notice in writing of decisions and recommendations shall be given to the city council, code official and each party of record. All decisions shall be kept in accordance with state regulations and such decisions shall be open to the public.

(Ord. of 11-8-99, § 205)

(a)

Public hearing. Before enacting an amendment to this code, the governing body shall hold a public hearing. Notice of the time and place of said hearing, shall be published in a newspaper of general circulation in the municipality at least ten days prior to such hearing. Additionally, notice shall be posted in a conspicuous place on or near the property on which action is pending. Such notice shall conform to the requirements of Nebraska Revised Statutes, Section 19-905 (Reissue, 1970). If the record title owners of any lots included in such proposed changed are nonresidents of the municipality, then a written notice of such hearing shall be mailed by certified mail to their last known addresses at least ten days prior to such hearing.

(b)

Removal of notice. It shall be unlawful for anyone to remove, mutilate, destroy or change a posted notice required by this code prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor.

(c)

City-wide rezoning. The provisions requiring that notice be posted on the premise to be rezoned shall not apply in the event of a proposed change in such regulations, restrictions and boundaries throughout the entire area of the municipality.

(d)

Protest. In case of a protest against such change signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent thereto, extending 300 feet therefrom, and of those directly opposite thereto extending 300 feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of three-fourths of all members of the governing body.

(e)

Code officials duties. It shall be the duty of the code official or his designee to prepare, publish, and post all notices, signs and placards required by this code relating to the rezoning of and public hearings on any land in the municipality or with in the zoning jurisdiction of the city.

(f)

Petition requirements. Whenever the owner or owners of lots in the municipality desire any amendment or supplement to this code, including the Use and Height District Map, their petition shall include an original survey plat, prepared by a professional land surveyor registered by the State of Nebraska. Such survey plat shall bear the original signature and seal of the registered land surveyor. Such survey plat shall indicate the area affected by the proposed change together with the names and addresses of all owners of record to lots therein.

(Ord. of 11-8-99, § 206)

(a)

Filing. Any person with standing, aggrieved or affected by any decision of the code official may appeal to the board of adjustment by written request with the code official. Upon furnishing the proper information, the code official shall transmit to the board all papers and pertinent data related to the appeal.

(b)

Time limit. An appeal can only be considered if filed within ten working days after the cause arises or the appeal shall not be considered. If such an appeal is not made, the decision of the code official shall be considered final.

(c)

Stays of proceedings. An appeal stays all proceedings from further action.

(d)

Amendments. This code may be amended, but all proposed amendments shall be submitted to the code official for review and recommendation to the commission.

(e)

Voting and notice of decision. There shall be a vote of a majority of the board or commission present to decide any matter under consideration. Each decision shall be entered in the minutes by the secretary. All appeals shall be kept in accordance with state regulations and such appeals shall be open to the public.

Notice in writing of the decision and the disposition of each appeal shall be given to the code official and each appellant by mail or otherwise.

(f)

Appeal to district court. The board of adjustment as established by the city of South Sioux City, Nebraska shall hear and decide appeals and requests for variances from the requirements of this code, unless other wise noted in this code.

The board of adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the code official in the enforcement or administration of this code.

Any person aggrieved by the decision of the board of adjustment, or city council, or any taxpayer may appeal such decision to the district court as provided in Nebraska Revised Statutes.

(Ord. of 11-8-99, § 207)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or land or cause or permit the same to be done in violation of this code. When any building or parcel of land regulated by this code is being used contrary to this code, the code official may order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the code official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this code.

(Ord. of 11-8-99, § 208)

(a)

General. All departments, officials and employees which are charged with the duty or authority to issue permits or licenses shall issue no permit or license for uses or purposes where the same would be in conflict with this code. Any permit or license, if issued in conflict with this code, shall be null and void.

(b)

Expiration or cancellation. Each license, permit or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this code, or unless an extension is granted by the issuing agency prior to expiration.

Failure to comply fully with the terms of any permit, license or approval may be grounds for cancellation or revocation. Action to cancel any license, permit or approval may be taken on proper grounds by the code official. Cancellation of a permit or approval by the commission or board may be appealed in the same manner as its original action.

(c)

Validity of licenses, permits and approvals. For the issuance of any license, permit or approval for which the commission or board is responsible, the code official shall require that the development or use in question proceed only in accordance with the terms of such license, permit or approval, including any requirements or conditions established as a condition of issuance.

Except as specifically provided for in this code and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval.

(Ord. of 11-8-99, § 209)

(a)

Municipal planning annexation resolution. The city council desiring to annex land under the authority of this section shall first adopt both a resolution stating that the city is considering the annexation of the land and a plan for extending city services to the land. The resolution shall state;

(1)

The time, date, and location of the public hearing required below;

(2)

A description of the boundaries of the land proposed for the annexation;

(3)

That the plan of the city for extension of city services to the land proposed for annexation is available for inspection during regular business hours in the office of the city clerk.

(b)

[Adoption of plan.] The plan adopted by the city council shall contain sufficient detail to provide a reasonable person with a full and complete understanding of the intentions of the city for extending city services to the land proposed for annexation. The plan shall;

(1)

State the estimated cost impact of providing the services to such land;

(2)

State the method by which the city plans to finance the extension of services to the land and how any services already provided to the land will be maintained;

(3)

Include a timetable for extending services to the land proposed for annexation; and

(4)

Include a map drawn to scale clearly delineating the land proposed for annexation, the current boundaries of the city, and the proposed boundaries of the city after the annexation, and the general land-use pattern in the land proposed for annexation.

(c)

Hearing. A public hearing on the proposed annexation shall be held within 60 days following the adoption of the resolution to allow the city council to receive testimony from interested persons. The city council may recess the hearing, for good cause, to time and date specified at the hearing.

A copy of the resolution providing for the public hearing shall be published in the official newspaper in the city at least once not less than ten days preceding the date of the public hearing. A map drawn to scale delineating the land proposed for annexation shall be published with the resolution. A copy of the resolution providing for the public hearing shall be sent by first class mail following its passage to the school board of any school district in the land proposed for annexation.

(Ord. of 11-8-99, § 210)

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter. Words used in the singular include the plural and the plural the singular.

Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings.

Accessory building is an incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage. In no case shall the area or height of the accessory building exceed that of the main use or building without first obtaining approval from the governing body.

Accessory use is a use conducted on the same lot as the primary use of the structure to which it is related; a use, which is clearly incidental to and customarily, found in connection with, such primary use.

Acreage, gross is the overall total area.

Acreage, net is the remaining area after all deductions are made; with deductions including streets, easements for access and street dedications.

Agriculture is the tilling of the soil, raising of crops, animals, horticulture, gardening, bee keeping and aquaculture.

Alley is any public way or thoroughfare, which is not a street right-of-way or bike/pedestrian pathway, which has been dedicated or deeded to the public for public use.

Alteration is any change, addition or modification in construction, occupancy or use.

Amusement center is an establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.

Apartment house is a residential building designed or used for three or more dwelling units.

Assisted living facility is a building or buildings containing dwellings and related facilities for individuals with impairments which are expected to be of an indefinite duration which substantially impede their ability to live completely independent, whereby requiring a level of assistance performed by an individual or individuals who do not reside with the permanent resident.

Automotive repair, major, is an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a completely enclosed building.

Automotive repair, minor, is an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, provided it is conducted within a completely enclosed building.

Automotive self-service station is that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed by the consumer from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity and may also include a freestanding automatic car wash.

Automotive service station is that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities may include automotive repair and maintenance, car wash service and food sales.

Awning is a shelter supported entirely from the exterior wall of a building.

Basement is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

Bed and breakfast facility is a limited commercial activity, occurring within a C or R zone conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging containing five or less guestrooms.

Bike/pedestrian pathway is a public way designated for public use which excludes motorized vehicles.

Block is land, or a group of lots, surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision tract.

Board is the board of adjustment of the adopting jurisdiction.

Boarding house is a dwelling containing a single dwelling unit and not more than ten guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.

Building is any structure used or intended for supporting or sheltering any use or occupancy.

Building code is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by the jurisdiction.

Building height is the vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height of any segment of the building.

Building line is the perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.

Building, main is a building in which the principal use of the site is conducted.

Building, temporary is a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

Business or financial services is an establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.

Canopy is a roofed structure constructed of fabric or other material supported by the building or by support extending to ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.

Carport is a roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.

Commercial center, community is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.

Commercial center, convenience is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.

Commercial center, neighborhood is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.

Commercial center, regional is a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings and other retail sales and services, in full depth and variety. The center includes at least one full-line department store as the principal tenant, and often includes two or three major department stores.

Commercial, heavy is an establishment or business, which generally uses open sales yards, outside equipment storage that is capable of being screened from neighboring properties, or outside activities or an open yard, that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumberyards, woodworking shops, distributors, major automobile repair shops, machine shops etc.

Commercial, light, is an establishment or business, which generally has retail or wholesale sales, office uses or services that do not generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.

Commercial parking garage is a building, other than a private garage, used for the parking of automobiles with or without a fee.

Commercial retail sales and services are establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in sale of either general merchandise or convenience goods.

Commercial school is a school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).

Commission is the planning commission of the adopting jurisdiction.

Community signs are temporary, on- or off-premises signs generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization.

Comprehensive plan is the declaration of purposes, policies and programs for the development of the jurisdiction. Also called the general plan.

Conditional use is a use, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.

Condominium is a single dwelling unit in a multiunit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

Congregate residence is any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, and fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.

Convalescent center is a facility that is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.

Court is a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

Dance hall, discotheque, is an establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.

Day care, family (including adult day care) is the keeping for part-time care and/or instruction, whether or not for compensation, of six or less individuals at any one time within a dwelling, not including members of the family residing on the premises.

Day care, group is an establishment for the care and/or instruction, whether or not for compensation, of seven or more individuals at any one time. Child nurseries and preschool facilities are included in this definition.

Density is the number of dwelling units, which are allowed on an area of land, which area of land may include dedicated streets contained within the development.

Driveway is a private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.

Dwelling, duplex is a building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.

Dwelling, multiple-unit is a building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.

Dwelling, planned group, is two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.

Dwelling unit is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for six or less persons.

Easement is that portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement may be for use under, on or above said lot or lots.

Face of building, primary is the wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.

Family One or more persons immediately related by blood, marriage, or adoption and living as a single housekeeping unit in a dwelling shall constitute a family. A family may include, in addition, not more than two persons who are unrelated for the purpose of this title. The following persons shall be considered related for the purposes of this title:

(1)

A person residing with a family for the purpose of adoption.

(2)

Not more than six persons under nineteen years of age, residing in a foster home licensed or approved by the State of Nebraska.

(3)

Not more than four persons nineteen years of age or older residing with a family for the purpose of receiving foster care licensed or approved by the state or its delegate.

(4)

Any person who is living with a family at the direction of a court.

Farm animals are animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchilla, chickens, turkeys, pheasants, geese, ducks and pigeons.

Floor area, gross is the sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.

Floor area, net is the gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.

Floor area ratio is the numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.

Frontage is the width of a lot or parcel abutting a public right-of-way measured at the front property line.

Garage, private (attached) is a portion of a building in which only private or pleasure-type motor vehicles used by the occupants of the building are stored or kept.

Garage, private (detached) is an independent accessory building not more than 1,000 square feet (93 m2) in area, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. In no case shall the area or height of an accessory building or garage exceed that of the main structure, without first obtaining approval from the governing body.

General plan is the declaration of purposes, policies and programs for the development of the jurisdiction. Also called the comprehensive plan.

Grade (Adjacent Ground Elevation) is the lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet (1524 mm) from building.

Graffiti is unauthorized marking on a structure.

Gross leasable area (GLA) is the total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet (m2) as measured from the center line of joint partitions and from outside wall faces.

Group care facility is a facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day-care centers, family day-care homes, foster homes, schools, hospitals, jails or prisons.

Guestroom is any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet (9.3 m2) of superficial floor area in a dormitory shall be considered to be a guestroom.

Habitable space (room) is space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

Home occupation is the partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes.

Hospital is an institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices, but not including clinics or health-care centers.

Household pets are dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens, etc. and shall not include pigeons or dangerous animals as defined by the municipal code.

Industrial or research park is a tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to ensure a harmonious integration into the neighborhood.

Jurisdiction, as used in this code, is any political subdivision, which adopts this code for administrative regulations within its sphere of authority.

Kennel is any lot or premises on which four or more adult dogs or cats are kept, for compensation or not.

Kitchen is any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.

Landscaping is the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth

Legislative body is the political entity of the adopting jurisdiction.

Livestock includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.

Lot (lot of record) is a single parcel of land.

Lot, corner, is a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed 135 degrees.

Lot, flag, is a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

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

Lot, irregular, is a lot whose opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.

Mobile home Any prefabricated structure, composed of one or more parts, used for living and sleeping purposes, shipped or moved in essentially a complete condition and mounted on wheels, skids or rollers and placed on block piers and finished with a skirting material or a permanent or temporary foundation, or any prefabricated structure which has been or reasonably can be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. (See § 130-91 for additional information.)

Manufactured home (modular home) 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 CFR 3280 et seq. promulgated by the United States Department of Housing and Urban Development, or a modular housing unit as defined in Neb. RS 71-1557, bearing a seal in accordance with the Nebraska Uniform Standards for Modular Housing Units Act. (Neb. RS 19-902)

A manufactured home may be used as a residential structure in any zone in which residential uses are permitted if such manufactured home bears an appropriate seal which indicates that it was constructed in accordance with the standards of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the Nebraska Uniform Standards for Modular Housing Units, Act, or the United States Department of Housing and Urban Development. Manufactured homes permitted pursuant to this section shall be located and installed according to the following standards which are applicable to site-built, single-family dwellings:

(1)

The home shall be located and installed on a permanent perimeter foundation.

(2)

The home shall be installed with permanent utility connections.

(3)

The home shall comply with all setback and lot requirements of the residential zone in which it is located.

(4)

The home shall comply with the minimum square footage requirements of the residential zone in which it is located.

Manufactured homes shall also meet the following standards:

(1)

The home shall have no less than 900 square feet of floor area.

(2)

The home shall have no less than an 18-foot exterior width.

(3)

The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run.

(4)

The exterior material shall be of a color, materials, and scale comparable with those existing in residential site-built, single-family construction.

(5)

The home shall have a non reflective roof material which is or simulates asphalt or wood shingles, tile or rock.

(6)

The home shall have wheels, axles, transporting lights, and removable towing apparatus removed.

Manufacturing, heavy, is all types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.

Manufacturing, light, typical uses are construction specialty services, heavy equipment suppliers or building contractors or other businesses involving the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage or which is capable of being screened from neighboring properties, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.

Manufacturing, medium, is the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard serviced by a modest volume of trucks or other vehicles.

Mobile home park is a tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes. (See § 130-91 for additional information).

Model home is a dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business.

Mortuary (Funeral Home) is an establishment in which the dead are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.

Motel (Hotel) is any building containing six or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

Natural waterways are those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction.

Nonconforming building is a building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the district in which it is located.

Nonconforming lot is a lot whose width, area or other dimension did not conform to the regulations when this code became effective.

Nonconforming sign is a sign or sign structure or portion thereof lawfully existing at the time this code became effective, which does not now conform.

Nonconforming use. See "use, nonconforming."

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

Park is a public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.

Park and ride facilities are parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.

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

Parking space, automobile, is a space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

Person is a natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

Planned unit development (PUD) is a residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other use regulations, may be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

Plot plan is a plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.

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

Public services are uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.

Public utility station is a structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.

Public way is any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

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

Quorum is a majority of the authorized members of a board or commission.

Recreation, indoor, is an establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller-skating or ice skating, billiards, pool, motion picture theaters, and related amusements.

Recreation, outdoor, is an area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures, used primarily for recreational activities.

Recreational camps, means an area where activities such as angling, boating, horseback riding, meditation, or similar activities are offered. Areas where activities such as educational classes, shooting or skeet ranges, or similar activities are offered shall not be construed to constitute such camps.

Recreational vehicle is a vehicular unit, other than a mobile home, whose gross floor area is less than 320 square feet (29.7 m2), which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.

Recycling facility is any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires, bottles and other such materials.

Rehabilitation center (halfway house) is an establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, halfway houses for prison parolees and juveniles.

Religious, cultural and fraternal activity is a use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.

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

Restaurant is an establishment, which provides food for on-premises consumption.

Restaurant, drive-in, is a restaurant, which serves food to customers seated in vehicles.

Salvage yard is any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.

Setback is the minimum required distance between the property line or right-of-way boundary line, and the building line.

Sign is an advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.

Site plan is a plan, which outlines the use and development of any tract of land.

Story is that portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet (1829 mm) above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet (3658 mm) above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.

Street is any thoroughfare or public way which is not considered an alley, which has been dedicated or deeded to the public for public use.

Street, private is a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Subdivision is the division of a tract, lot, or parcel of land into two or more lots, plats, sites or other divisions of land.

Swimming pool (See municipal code).

Theater is a building used primarily for the presentation of live stage productions, performances or motion pictures

Tow yard is a temporary storage area utilizing outside or inside storage of automobiles, trucks, semi trailers, or other vehicles towed from the scene of a traffic violation, accident, or breakdown at the direction of a saw enforcement officer, the owner, or operator of the vehicle, until the vehicle is reclaimed or disposed of by the owner. Tow yards with outside storage areas shall be screened as required by this code.

Townhouse is a single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.

Use is the activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

Use, change of, is the change within the classified use of a structure or premise.

Use, nonconforming, is a use which lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the use regulations.

Use, temporary, is a use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.

Variance is the means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges.

Warehouse, wholesale or storage, is a building or premises in which goods, merchandise or equipment are stored for eventual distribution.

Wrecking yard is any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.

Yard is an open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this code.

Yard, front, is a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.

Yard, rear, is a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line and a line parallel thereto.

Yard, side, is an open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line.

Zero lot line development is single-family dwellings arranged on individual lots as either attached or detached structures with one or more side walls on a property line.

(Ord. of 11-8-99, §§ 301—327; Ord. No. 2005-22, § 1, 7-11-05)