For the purpose of this ordinance, the following rules shall apply:

2.01.01.

Words and numbers used singularly shall include the plural. Words and numbers used in the plural shall include the singular. Words used in the present tense shall include the future.

2.01.02.

The word "persons" includes a corporation, members of a partnership or other business organization, a committee, board, council, commission, trustee, receiver, agent or other representative.

2.01.03.

The word "shall" is mandatory.

2.01.04.

The words "use," "used," "occupy" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed" to be used or occupied.

2.01.05.

The word "commission" shall refer to the planning commission of Syracuse, Nebraska.

2.01.06.

Undefined words or terms not herein defined shall have their ordinary meaning in relation to the context.

2.02.01.

Abandonment shall mean to cease or discontinue a use or activity without intent to resume as distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal periods of vacation or seasonal closure.

2.02.02.

Abut, abutting shall mean to border on, being contiguous with or have property or district lines in common, including property separated by an alley or a street.

2.02.03.

Access or access way shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this regulation.

2.02.04.

Access building. See Building, accessory.

2.02.05.

Accessory living quarters shall mean living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

2.02.06.

Accessory structure shall mean a detached subordinate structure located on the same lot with the principal structure, the use of which is incidental and accessory to that of the principal structure.

2.02.07.

Accessory use shall mean a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the district.

2.02.08.

Acreage shall mean any tract or parcel of land which does not qualify as a farm or development.

2.02.09.

Adjacent shall mean near, close, or abutting; for example, an industrial district across the street or highway from a residential district shall be considered as "adjacent."

2.02.10.

Adult companionship establishment shall mean an establishment which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

2.02.11.

Adult establishment shall mean any business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas," including, but without limitation, adult bookstores, adult motion picture theaters, saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.

2.02.12.

Adult hotel or motel shall mean a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

2.02.13.

Adult massage parlor, health club shall mean a massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

2.02.14.

Adult mini-motion picture theater shall mean a business premises within an enclosed building with a capacity for less than 50 persons used for presenting visual-media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

2.02.15.

Adult motion picture arcade shall mean any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

2.02.16.

Adult motion picture theater shall mean a business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction of description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

2.02.17.

Adult novelty business shall mean a business which has as a principal activity the sale of devices which simulate human genitals or devices, which are designed for sexual stimulation.

2.02.18.

Adult sauna shall mean a sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

2.02.19.

Advertising structure shall mean any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structure.

2.02.20.

Agricultural and farm building and structure shall mean any building or structure which is necessary or incidental to the normal conduct of a farm, including, but not limited to, residence of the operator, residence of hired men, barns, buildings and sheds for housing livestock, poultry and farm machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and water storage tanks.

2.02.21.

Agriculture shall mean the use of land for agricultural purposes, of obtaining a profit by raising, harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of, livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any other agricultural or horticultural use. Agricultural use shall not be construed to include any parcel of land of less than 20 acres or any non-agricultural commercial or industrial development.

2.02.22.

Airport shall mean any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways, and tie-down areas.

2.02.23.

Alley shall mean a minor public service street or public thoroughfare 20 feet or less in width, through a block of lots primarily for vehicular service access to the rear or side of properties otherwise abutting on another street. Buildings facing an alley shall not be construed as satisfying the requirements of this regulation related to frontage on a dedicated street.

2.02.24.

Alteration shall mean any change, addition or modification in construction or occupancy of an existing structure.

2.02.25.

Alteration, structural. See Structural alteration.

2.02.26.

Amendment shall mean a change in the wording, context, or substance of this Regulation, an addition or deletion or a change in the district boundaries or classifications upon the zoning map.

2.02.27.

Amusement arcade shall mean a building or a part of a building where five or more pinball machines, video games, or other similar player-orientated amusement devices are available and are maintained for use.

2.02.28.

Animal hospital shall mean a facility dedicated to treatment of animals, including, cats, dogs, bovine, swine, and other domestic and agricultural animals.

2.02.29.

Animals, domestic. See Household pet.

2.02.30.

Antenna shall mean any attached or external system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves. Also, see Satellite dish antenna and Tower.

2.02.31.

Antique shop shall mean a place offering primarily antiques for sale. An antique for the purpose of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of belonging to the past, at least 30 years old.

2.02.32.

Apartment shall mean a room or a suite of rooms within an apartment house or multiple-family dwelling arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit. Also, see Dwelling unit.

2.02.33.

Apartment house. See Dwelling, multiple.

2.02.34.

Appearance shall mean the outward aspect visible to the public.

2.02.35.

Appropriate shall mean sympathetic, or fitting, to the context of the site and the whole community.

2.02.36.

Appurtenances shall mean the visible, functional objects accessory to and part of buildings.

2.02.37.

Artisan production shop shall mean a building or portion thereof used for the creation of original handmade works of art or craft items by more than three but less than six artists or artisans, as either a principal or accessory use.

2.02.38.

Artist studio shall mean a place designed to be used, or used as, both a dwelling place and a place of work by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.

2.02.39.

Attached permanently shall mean attached to real estate in such a way as to require dismantling, cutting away, unbolting from permanent foundation or structural change in such structure in order to relocate it to another site.

2.02.40.

Automatic teller machine (ATM) shall mean an automated device that performs banking or financial functions at a location remote from the controlling financial institution.

2.02.41.

Automobile wrecking yard shall mean any lot, or the use of any portion of a lot, for the dismantling or wrecking of automobiles, tractors, farm machinery, or other motor vehicles, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking.

2.02.42.

Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises. Also, see Nightclub.

2.02.43.

Base flood shall mean any depression two feet or more below the land which serves to give direction to a current of water less than nine months of the year, and which has a bed and well-defined bank.

2.02.44.

Basement shall mean a building space partly underground, and having at least one-half of its height, measuring from its floor to its ceiling, above the average adjoining finished ground grade line.

2.02.45.

Beacon shall mean any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

2.02.46.

Bed and breakfast inn shall mean a house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises.

2.02.47.

Bedroom shall mean a room within a dwelling unit planned and intended for sleeping, separable from other rooms by a door.

2.02.48.

Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character.

2.02.49.

Best interests of community shall mean interests of the community at large and not interest of the immediate neighborhood.

2.02.50.

Billboard. See Sign, billboard.

2.02.51.

Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-of-ways, unplatted land, city-county boundaries, or adjoining property lines.

2.02.52.

Block frontage shall mean that section of a block fronting on a street between two intersecting streets or other block boundary.

2.02.53.

Board of adjustment shall mean that board that has been created by the city and which has the statutory authority to hear and determine appeals, interpretations of, and variances to the zoning regulations.

2.02.54.

Boarding or rooming house shall mean a building containing a single dwelling unit and provisions for not more than five guests, where lodging is provided with or without meals for compensation.

2.02.55.

Brew-on-premises store shall mean a facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Brew-on-premises stores do not include the sale of intoxicating liquor, unless the owner of the brew-on-premises store holds the appropriate liquor license.

2.02.56.

Brew pub shall mean 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 25 percent of the total floor area of the commercial space.

2.02.57.

Brewery shall mean an 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.

2.02.58.

Brewery, craft, shall mean a brew pub or a microbrewery.

2.02.59.

Brewery, micro, shall mean 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 standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district.

2.02.60.

Broadcasting tower shall mean a structure for the transmission or broadcast of radio, television, radar, or microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however, that noncommercial radio towers not exceeding 50 feet in height shall not be considered broadcast towers.

2.02.61.

Buffer shall mean a strip of land established to protect one type of land use from another incompatible land use or between a land use and a private or public road. Also, see Screening.

2.02.62.

Buffer zone shall mean an area of land that separates two zoning districts and/or land uses that acts to soften or mitigate the effects of one use on the other.

2.02.63.

Building shall mean any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in "Structure, Temporary." (sic) Trailers, with or without wheels, shall not be considered as buildings.

2.02.64.

Building, accessory, shall mean any detached subordinate building which serves a function customarily incidental to that of the main building or main use of the premises. Customary accessory building includes farm buildings, garages, carports, and small storage sheds.

2.02.65.

Building, area of, shall mean the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

2.02.66.

Building code shall mean the various codes of the city that regulate construction and requires building permits, electrical permits, mechanical permits, plumbing permits, and other permits to do work regulated by the Uniform Building Code, and other codes adopted by the city that pertain to building construction.

2.02.67.

Building height shall mean the vertical distance above grade to the highest point of the coping of a flat roof or to the highest point of the peak of a mansard roof, gable roof, or of any other type of pitched, hipped, or shed roof, measured from the highest adjoining sidewalk or ground surface within a five feet horizontal distance at the exterior wall of the building.

2.02.68.

Building and zoning inspector shall mean the building and zoning inspector of the City of Syracuse, Nebraska.

2.02.69.

Building, principal, shall mean a building within which the main or primary use of the lot or premises is located. Also, see Use, principal.

2.02.70.

Building setback line shall mean the minimum of distance as prescribed by this regulation between any property line and the closed point of the building line or face of any building or structure related thereto, excluding all overhangs two feet or less.

2.02.71.

Campground shall mean a parcel of land intended for the temporary occupancy of tents, campers, and major recreational vehicles and which primary purpose is recreational, having open areas that are natural in character.

2.02.72.

Car wash shall mean a building or structure or an area of land with machine or hand operated facilities for the cleaning, washing, polishing, or waxing of motor vehicles.

2.02.73.

Carport shall mean a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.

2.02.74.

Cellar shall mean a building space having more than one-half of its height below the average adjoining grade lines.

2.02.75.

Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, and mausoleums.

2.02.76.

Channel shall mean the geographical area within either the natural or artificial banks of a watercourse or drainway.

2.02.77.

Charitable shall mean a public or semi-public institutional use of a philanthropic, charitable, benevolent, religious, or eleemosynary character, but not including sheltering or caring of animals.

2.02.78.

Child care center shall mean an establishment other than a public or parochial school, which provides day care, play groups, nursery schools or education for 13 or more children under age 13 years, at any one time, from families other than that of the provider. In addition to these regulations, child care centers shall meet all requirements of the State of Nebraska.

2.02.79.

Child care home shall mean an operation in the provider's place of residence which serves at least four, but not more than eight children at any one time, from families other than that of the provider. A family child care home I provider may be approved to serve no more than two additional school-age children during non-school hours. A family child care home II operation may be either in the provider's place own residence or a site other than the residence, serving 12 or fewer children at any one time. In addition to these regulations, child care homes shall meet all requirements of the State of Nebraska.

2.02.80.

Church, storefront, shall mean a religious facility contained within a store or similar structure not typically used for religious activities that are now used as a meeting place for a congregation. Structures adapted for congregations including barns, stores, warehouses, old public buildings, and single-family dwellings.

2.02.81.

City shall mean the City of Syracuse.

2.02.82.

Clear view zone shall mean the area of a corner lot closest to the intersection that is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Also see Sight triangle.

2.02.83.

Club shall mean an association of persons (whether or not incorporated), religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

2.02.84.

Code shall mean the Municipal Code of the City of Syracuse.

2.02.85.

Coffee kiosk shall mean a retail food business in a freestanding building that sells coffee, or other beverages, and remade bakery goods from a drive-through window to customers seated in their automobiles for consumption off the premises and that provides no indoor or outdoor seating.

2.02.86.

Commission shall mean the Syracuse planning commission.

2.02.87.

Common area or property shall mean a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners of the individual building sites in a planned development or condominium development.

2.02.88.

Community center shall mean a place, structure, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve various segments of the community.

2.02.89.

Compatibility shall mean harmony in the appearance of two or more external design features in the same vicinity.

2.02.90.

Compatible uses shall mean a land use that is congruous with, tolerant of, and has no adverse effects on existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical interference, and radiation.

2.02.91.

Comprehensive development plan shall mean the comprehensive development plan of Syracuse, Nebraska, as adopted by the city council, setting forth policies for the present and foreseeable future community welfare as a whole and meeting the purposes and requirements set forth in R.R.S. 1943, § 19-903.

2.02.92.

Conditional use shall mean a use where allowed by the district regulations, that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relation to the neighborhood or other minimal protective characteristics would not be detrimental to the public health, safety, and general welfare.

2.02.93.

Conditional use permit shall mean a permit issued by the planning commission and city council that authorizes the recipient to make conditional use of property in accordance with the provisions of article 6 and any additional conditions placed upon, or required by said permit.

2.02.94.

Condominium shall mean real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, pursuant to the Nebraska Condominium Act, as set forth in R.R.S. 1943, §§ 76-825—76-894.

2.02.95.

Conflicting land use shall mean the use of property which transfers over neighboring property lines negative economic, or environmental effects, including, but not limited to, noise, vibration, odor, dust, glare, smoke, pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched layout of adjacent uses, loss of privacy, and unsightly views.

2.02.96.

Congregate housing shall mean a residential facility for four or more persons 55 years or over, their spouses, or surviving spouses, providing living and sleeping facilities including meal preparation, dining areas, laundry services, room cleaning and common recreational, social, and service facilities for the exclusive use of all residents including resident staff personnel who occupy a room or unit in the residential facility.

2.02.97.

Conservation shall mean the protection and care that prevent destruction or deterioration of historical or otherwise significant structures, buildings or natural resources.

2.02.98.

Conservation area shall mean environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance or character, except in overriding public interest, including, but not limited to, wetlands, floodways, flood plains, drainage ways, river or stream banks, and areas of significant biological productivity or uniqueness.

2.02.99.

Conservation easement shall mean an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition and retaining such areas as suitable habitat for fish, plants, or wildlife, or maintaining existing land uses.

2.02.100.

Convenience store shall mean a one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is dependent on, and is designed to attract and accommodate large volumes of stop-and-go traffic. Also, see Self-service station.

2.02.101.

Contiguous shall mean the same as "abut."

2.02.102.

Copy center shall mean a retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment, and may include the collating and binding of booklets and reports.

2.02.103.

Court shall mean an open, unoccupied space, other than a yard, on the same lot with a building or buildings and abounded on two or more sides by such buildings.

2.02.104.

Court, inner, shall mean a court enclosed on all sides by the exterior walls of a building or buildings.

2.02.105.

Court, outer, shall mean a court enclosed on all but one side by exterior walls of building or buildings or lot lines on which fences, hedges, or walls are permitted.

2.02.106.

Cul-de-sac shall mean a short public way that has only one outlet for vehicular traffic and terminates in a vehicular turn-around.

2.02.107.

Curve lot. See Lot, curve.

2.02.108.

Density shall mean the number of dwelling units per gross acre of land.

2.02.109.

Detention basin shall mean a facility for the temporary storage of stormwater runoff.

2.02.110.

Developer shall mean any person, corporation, partnership, or entity that is responsible for any undertaking that requires a building or zoning permit, conditional use permit or sign permit.

2.02.111.

Development shall mean any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations for which necessary permits may be required.

2.02.112.

Development concept plan. See Site plan.

2.02.113.

Development review shall mean the review, by the county of subdivision plats, site plans, rezoning requests, or permit review.

2.02.114.

Dog kennel. See Kennel, commercial.

2.02.115.

Domestic animal. See Household pet.

2.02.116.

Downzoning shall mean a change in zoning classification of land to a less intensive or more restrictive district such as from commercial district to residential district or from a multiple-family residential district to single-family residential district.

2.02.117.

Drainageway shall mean any depression two feet or more below the surrounding land serving to give direction to a current of water less than nine months of the year, having a bed and well-defined banks, provided that in the event of doubt as to whether a depression is a watercourse or drainway, it shall be presumed to be a watercourse.

2.02.118.

Drive-in facility shall mean an establishment where customers can be served without leaving the confinement of their vehicle.

2.02.119.

Driveway shall mean any vehicular access to an off-street parking or loading facility.

2.02.120.

Dump shall mean a place used for the disposal, abandonment, discarding by burial, incineration, or by any other means for any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. Such use shall not involve any industrial or commercial process.

2.02.121.

Duplex shall mean the same as Dwelling, two-family.

2.02.122.

Dwelling shall mean any building or portion thereof which is designed and used exclusively for single-family residential purposes, excluding mobile homes.

2.02.123.

Dwelling, manufactured home, shall mean a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure, except that manufactured home includes any structure that meets all of the requirements of this subdivision other than the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, as such act existed on September 1, 2001, 42 U.S.C. 5401 et seq.

2.02.124.

Dwelling, mobile home, shall mean a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit.

2.02.124.01.

Permanently attached. Attached to real estate in such a way as to require dismantling, cutting away, unbolting from permanent continuous foundation or structural change in such mobile home in order to relocate it on another site in accordance to manufacturers recommendations.

2.02.124.02.

Permanent foundation. Based on which building rests to be constructed from either poured concrete or laid masonry block or brick on a footing to be placed a minimum of 42 inches below the final ground level.

2.02.125.

Dwelling, modular, shall mean any dwelling whose construction consists entirely of or the major portions of its construction consist of a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities, pursuant to the Nebraska Uniform Standards for Modular Housing Units Act, as set forth in R.R.S. 1943, § 17-1555 et seq. Further, such dwelling must also meet or be equivalent to the construction criteria set forth in the Nebraska Uniform Standards for Modular Housing Units Act. Such dwelling is considered to be a conventional type single-family dwelling, and those that do not meet the above criteria shall be considered a mobile home.

2.02.126.

Dwelling, multiple, shall mean a building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family.

2.02.127.

Dwelling, seasonal, shall mean a dwelling designed and used as a temporary residence and occupied less than six months in each year.

2.02.128.

Dwelling, single-family, a building having accommodations for or occupied exclusively by one family which meet all the following standards:

2.02.128.01.

The home shall have no less than 900 square feet of floor area, above grade, for single story construction;

2.02.128.02.

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

2.02.128.03.

The roof shall be pitched with a minimum vertical rise of 2½ inches for each 12 inches of horizontal run;

2.02.128.04.

The exterior siding material shall be of a color, material and scale comparable with those existing in residential site-built, single-family construction and no ribbed metal with exposed fasteners shall be allowed in Low Density Residential, Medium Density Residential, High Density Residential, and Residential Transitioned Zoning Districts (R-1, R-2, R-3, and R-4);

2.02.128.05.

The home shall have a non-reflective roof material;

2.02.128.06.

The home shall be placed on a continuous permanent foundation and have wheels, axles, transporting lights, and removable towing apparatus removed; and

2.02.128.07.

The home shall meet and maintain the same standards that are uniformly applied to all single-family dwellings in the zoning district.

2.02.128.08.

Permanent foundation. Base on which building rests to be constructed from either poured concrete or laid masonry block or brick on a footing to be placed a minimum of 42 inches below the final ground level.

2.02.129.

Dwelling, single-family (attached), shall mean a one-family dwelling unit that is attached to one additional single-family dwelling. Said dwelling units are separated by an unpierced common wall through the center of the structure that also sits along the property line separating ownership of the structure.

2.02.130.

Dwelling, townhouse, shall mean a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical walls. Townhouse dwellings may or may not be of separate ownership.

2.02.131.

Dwelling, two-family, shall mean a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family.

2.02.132.

Dwelling unit shall mean one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or lease on a weekly, monthly, or longer basis, and physically separate from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, toilet and sleeping facilities.

2.02.133.

Easement shall mean a space or a lot or parcel of land reserved for or used for public utilities or public or private uses.

2.02.134.

Educational institution shall mean a public or nonprofit institution or facility which conducts regular academic instruction at preschool, kindergarten, elementary, secondary, and collegiate levels, including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions. Such institutions must either:

(1)

Offer general academic instruction equivalent to the standards established by the state board of education;

(2)

Confer degrees as a college or university or undergraduate or graduate standing;

(3)

Conduct research; or

(4)

Give religious instruction.

Private schools, academies, or institutes, incorporated or otherwise, which operate for a profit, commercial, or private trade schools are not included in this definition.

2.02.135.

Effective date shall mean the date that this chapter shall have been adopted, amended, or the date land areas became subject to the regulations contained in this chapter as a result of such adoption or amendment.

2.02.136.

Encroachment shall mean an advancement or intrusion beyond the lines or limits as designated and established be the regulation, and to infringe or trespass into or upon the possession or right of others without permission.

2.02.137.

Enlargement shall mean the expansion of a building, structure, or use in volume, size, area, height, length, width, depth, capacity, ground coverage, or in number.

2.02.138.

Erected shall mean constructed upon or moved onto a site.

2.02.139.

Expressway shall mean a street or road that provides fast and efficient movement of large volumes of vehicular traffic between areas and does not provide direct access to property.

2.02.140.

Extraterritorial jurisdiction shall mean the area beyond the corporate limits, in which the city has been granted the powers by the state to exercise zoning and building regulations and is exercising such powers.

2.02.141.

Facade shall mean the exterior wall of a building exposed to public view from the building's exterior.

2.02.142.

Factory shall mean a structure or plant within which something is made or manufactured from raw or partly wrought materials into forms suitable for use.

2.02.143.

Family shall mean a household head and one or more persons related to the head by blood, marriage or adoption living together in a single dwelling unit.

2.02.144.

Farm shall mean an area containing at least 20 acres or more and produces $1,000.00 or more per year in agricultural products and which is used for growing of the usual farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals. The term "farming" includes the operating of such area for one or more of the above uses with the necessary accessory uses for treating or storing the produce and the feeding of livestock as hereinafter prescribed provided such accessory uses do not include the feeding of garbage or offal to swine or other animals.

2.02.145.

Feedlot, commercial, shall mean a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetation cover cannot be maintained in the enclosure.

2.02.146.

Fence shall mean a structure serving as an enclosure, barrier or boundary.

2.02.147.

Fence, open, shall mean a fence, including gates, which has, for each one-foot-wide segment extending over the entire length and height of fence, 50 percent or more of the surface area in open spaces which affords direct views through the fence.

2.02.148.

Fence, solid, shall mean any fence which does not qualify as an open fence.

2.02.149.

Flood shall mean the water of any watercourse or drainage way which is above the banks or outside the channel and banks of such watercourse or drainageway.

2.02.150.

Flood plain shall mean the area adjoining a watercourse which has been or may be covered by flood waters.

2.02.151.

Floodway shall mean the channel of a watercourse or drainway and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water of any watercourse or drainway.

2.02.152.

Floor area. Whenever the term "floor area" is used in this regulation as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories of said structure. All horizontal dimensions shall be taken from the exterior faces of walls.

2.02.153.

Food sales shall mean establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

2.02.153.01.

Food sales (limited) shall mean food sales establishments occupying 10,000 square feet or less of space.

2.02.153.02.

Food sales (general) shall mean food sales establishments occupying more than 10,000 square feet of space. Typically a supermarket.

2.02.154.

Frontage shall mean that portion of a parcel of property which abuts a dedicated public street or highway.

2.02.155.

Garage, private, shall mean a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

2.02.156.

Garage, public, shall mean any garage other than a private garage.

2.02.157.

Garage, repair, shall mean a building designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work. Also, see Service station.

2.02.158.

Garbage shall mean any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.

2.02.159.

Gated communities shall mean residential areas that restrict access to normally public spaces. These are subdivisions of usually high-end houses. The type of gates can range from elaborate guard houses to simple electronic arms.

2.02.160.

Grade shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

2.02.161.

Greenhouse shall mean a building or premises used for growing plants, preparation of floral arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used for agricultural or horticultural purposes.

2.02.162.

Greenway shall mean a parcel or parcels of land, together with the improvements thereon, dedicated as an easement for access and/or recreation; usually a strip of land set aside for a walkway, bicycle trail, bridle path, or other similar access-way.

2.02.163.

Ground cover shall mean plant material used in landscaping which remains less than 12 inches in height at maturity. Also, see Landscaping.

2.02.164.

Ground water shall mean water occurring beneath the surface of the ground that fills available openings in the rock or soil materials such that they may be considered saturated.

2.02.165.

Group care home shall mean a home which is operated under the auspices of an organization which is responsible for providing social services, administration, direction, and control for the home which is designed to provide 24-hour care for individuals in a residential setting.

2.02.166.

Group home for the disabled shall mean a dwelling with resident staff shared by four or more disabled persons who live together as a single housekeeping unit and in a long term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. As used herein, the term " disabled shall mean having:

(1)

A physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; or

(2)

A record of having such an impairment.

2.02.167.

Group housing shall mean two or more separate buildings on a lot, each containing one or more dwelling units.

2.02.168.

Guest room shall mean a room which is designed to be occupied by one or more guest for sleeping purposes, having no kitchen facilities, not including dormitories.

2.02.169.

Half-story shall mean a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story.

2.02.170.

Halfway house shall mean a licensed home for individuals on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently.

2.02.171.

Hazardous waste shall mean waste products of industrial or chemical process including finished surplus, used, contaminated, or unwanted fertilizer, herbicide, petroleum products, or other such processed waste material.

2.02.172.

Health club shall mean privately owned for profit facilities such as gymnasiums, athletic clubs, health clubs, recreational clubs, reducing salons, and weight control establishments.

2.02.173.

Health recreation facility shall mean an indoor or outdoor facility including uses such as game courts, exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.

2.02.174.

Hedge shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.

2.02.175.

Height of building shall mean the vertical distance above grade to the highest point of the coping of a flat roof or to the highest point of the peak of a mansard roof, gable roof, or of any other type of pitched, hipped, or shed roof, measured from the highest adjoining sidewalk or ground surface within a five feet horizontal distance at the exterior wall of the building.

2.02.176.

Home improvement center shall mean a facility of more than 30,000 square feet of gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, paint and glass, housewares and household appliances, garden supplies, and cutlery.

2.02.177.

Home occupation shall mean an "in-home" or "home-based" or entrepreneurial business operating from a residential dwelling within Syracuse. Home occupations are considered accessory uses to properties in all zoning districts. Home occupations include, but are not limited to, art/craft making, seamstress services, professional offices (real estate/insurance/medical), multi-level marketing, vending services, service businesses (contracting/janitorial), instruction (music), consulting, wholesale/catalogue sales, personal service (beauty/barber), shops, and renting of rooms for residential purposes. Any portion of a residential property, including a home phone, computer, mailing address, etc., used in deriving income or sales, will require a resident to obtain a home occupation permit. Child care homes and child care centers are exempt from home occupation permits, except for any signage restrictions.

2.02.178.

Homeowners association shall mean a private, nonprofit corporation or association of homeowners of properties in a fixed area, established for the purpose of owning, operating, and maintaining various common properties and facilities.

2.02.179.

Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging accommodations on a daily rate to the general public and providing services associated with restaurants, meeting rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court, motor inn, motor lodge, motor court, tourist court, motor hotel.

2.02.180.

House trailer. See Dwelling, mobile home.

2.02.181.

Household pet shall mean an animal that is customarily kept for personal use or enjoyment within the home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, fish, and rodents.

2.02.182.

Impervious surface shall mean a surface that has been compacted or covered with a layer of material making the surface highly resistant to infiltration by water, such as compacted sand, rock, gravel, or clay and conventionally surfaced streets, roots, sidewalks, parking lots, and driveways.

2.02.183.

Incidental use shall mean a use which is subordinate to the main use of a premises.

2.02.184.

Industry shall mean the manufacture, fabrication, processing reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

2.02.185.

Infill development shall mean the construction of a building or structure on a vacant parcel located in a predominately built up area.

2.02.186.

Infill site shall mean any vacant lot, parcel, or tract of land within developed areas of the city, where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools, and fire protection have already been constructed or are provided.

2.02.187.

Inoperable motor vehicle shall mean any motor vehicle which:

(1)

Does not have a current state license plate; or

(2)

Which may or may not have a current state license plate, but is disassembled or wrecked in part or in whole, or is unable to move under its own power, or is not equipped as required by Nebraska state law for operation upon streets or highways.

A vehicle which is wholly or partially dismantled shall not be considered inoperable when said vehicle is inside a completely enclosed building.

2.02.188.

Intensity shall mean the degree to which land is used referring to the levels of concentration or activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime population and are less compatible with lower intensive uses.

2.02.189.

Intent and purpose shall mean that the commission and council by the adoption of this regulation, have made a finding that the health, safety, and welfare of the community will be served by the creation of the district and by the regulations prescribed therein.

2.02.190.

Juice bar. See Adult establishment.

2.02.191.

Junk shall be any worn-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel, rope, rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts thereof, and other old or scrap ferrous or nonferrous material.

2.02.192.

Junk yard shall mean any lot, land parcel, building, or structure or part thereof for storage, collection, purchase, sale, salvage, or disposal of machinery, farm machinery, and including motor vehicles, parts and equipment resulting from dismantling or wrecking, or keeping of junk, including scrap metals or other scrap materials, with no burning permitted. For motor vehicles, see Automobile wrecking yard.

2.02.193.

Kennel, boarding and training, shall mean any lot or premises on which four or more dogs or cats or any combination thereof, at least four months of age, are boarded, bred, or trained for a fee.

2.02.194.

Kennel, commercial, shall mean an establishment where four or more dogs or cats, or any combination thereof, other household pets, or non-farm/non-domestic animals at least four months of age are groomed, bred, boarded, trained, or sold as a business.

2.02.195.

Lagoon shall mean a wastewater treatment facility which is a shallow, artificial pond where sunlight, bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This includes both human and livestock wastes. All lagoons shall meet the minimum design criteria established by the Nebraska Department of Environmental Quality and the Nebraska Department of Health and Human Services. All lagoons shall have the proper permits approved prior to starting construction.

2.02.196.

Landfill shall mean a disposal site employing a method of disposing solid wastes in a manner that minimizes environmental hazards in accordance with state and federal requirements.

2.02.197.

Landscape shall mean plant materials, topography, and other natural physical elements combined in relation to one another and to man-made structures.

2.02.198.

Landscaping shall include the original planting of suitable vegetation in conformity with the requirements of this regulation and the continued maintenance thereof.

2.02.199.

Large box retail shall mean a singular retail or wholesale user that occupies no less than 30,000 square feet of gross floor area. These uses typically include: membership wholesale clubs emphasizing in large bulk sales, discount stores, pharmacies, grocery stores, especially warehouse style point of sale concepts and department stores.

2.02.200.

Laundry, self service, shall mean an establishment that provides home-type washing, drying, and/or ironing facilities for customers on the premises.

2.02.201.

Life care facility shall mean a facility for the transitional residency of the elderly and/or disabled persons, progressing from independent living to congregate apartment living where residents share common meals and culminating in full health and continuing care nursing home facility. Also, see Congregate housing.

2.02.202.

Limits of grading shall mean the outermost edge of the area in which the existing topography is to be altered by cutting and/or filling.

2.02.203.

Loading space shall mean an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.

2.02.204.

Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted, together with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a recorded subdivision plat or has been recorded prior to the adoption of the regulation, or a parcel of real property delineated on an approved record of survey, lot-split or sub-parceling map as filed in the office of the county recorder and abutting at least one public street or right-of-way, two thoroughfare easements, or one private road.

2.02.205.

Lot area shall mean the total area, on a horizontal plane, within the lot lines of a lot.

2.02.206.

Lot, corner, shall mean a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an "interior lot." The setbacks for a front yard shall be met on all abutting streets.

2.02.207.

Lot coverage shall mean the portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy or not.

2.02.208.

Lot, curve, shall mean a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of 300 feet or less.

2.02.209.

Lot depth shall mean the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

2.02.210.

Lot, double frontage, shall mean a lot having a frontage on two non-intersecting streets as distinguished from a corner lot.

2.02.211.

Lot, flag, shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor.

2.02.212.

Lot, frontage, shall mean the side of a lot abutting on a legally accessible street right-of-way other than an alley or an improved county road. For the purposes of this definition, on corner lots, all sides of a lot adjacent to streets or roads shall be considered frontage.

2.02.213.

Lot, interior, shall mean a lot other than a corner lot.

2.02.214.

Lot line shall mean the property line bounding a lot.

2.02.215.

Lot line, front, shall mean the property line abutting a street.

2.02.216.

Lot line, rear, shall mean a lot line not abutting a street which is opposite and most distant from the front lot line.

2.02.217.

Lot line, side, shall mean any lot line not a front lot line or rear lot line.

2.02.218.

Lot, nonconforming, shall mean a lot having less area or dimension than that required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county registrar of deeds, which does not abut a public road or public road right-of-way and which was lawfully created prior to the effective date of this regulation.

2.02.219.

Lot, through, shall mean a lot having frontage on two dedicated streets, not including a corner lot.

2.02.220.

Lot of record shall mean a lot held in separate ownership as shown on the records of the county registrar of deeds at the time of the passage of a regulation or regulation establishing the zoning district in which the lot is located.

2.02.221.

Lot width shall mean the average horizontal distance between the side lot line, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

2.02.222.

Manufactured home park shall mean a parcel of land under single ownership that has been planned and improved for the placement of manufactured housing used or to be used for dwelling purposes and where manufactured home spaces are not offered for sale or sold. The term "manufactured home park" does not include sales lots on which new or used manufactured homes are parked for the purposes of storage, inspection, or sale.

2.02.223.

Manufactured home subdivision shall mean any area, piece, parcel, tract or plot of ground subdivided and used or intended to be used for the purpose of selling lots for occupancy by manufactured homes.

2.02.224.

Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of materials or substances into new products. These uses are usually described as plants, factories, or mills and characteristically use power driven machines and materials handling equipment. Uses engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor other fixed improvement. Also included is the blending of material such as lubricating oils, plastics, resins, or liquors. Manufacturing production is usually carried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer.

2.02.225.

Map, official zoning district, shall mean a map delineating the boundaries of zoning districts which, along with the zoning text, is officially adopted by the Syracuse city council.

2.02.226.

Massage establishment shall mean any building, room, place, or establishment other than a regularly licensed and established hospital or dispensary where non-medical or non-surgical manipulative exercises or devices are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational and/or physical therapist, chiropractor, or osteopath with or without the use of therapeutic, electrical, mechanical, or bathing device. Said establishment shall comply with all state regulations as per R.R.S. 1943, § 38-1701 et seq.

2.02.227.

Massage parlor. See Adult massage parlor.

2.02.228.

Massage therapy establishment shall mean any duly licensed place in which a massage therapist practices his or her profession of massage therapy, as defined in R.R.S. 1943, § 38-1706.

2.02.229.

Mechanical equipment shall mean equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.

2.02.230.

Mini-storage or mini-warehouse. See Self-service storage facility.

2.02.231.

Miscellaneous structures shall mean structures, other than buildings, visible from public ways. Examples are: memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences, and walls, kennels, transformers, drive-up facilities.

2.02.232.

Mixed use shall mean properties where various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design.

2.02.233.

Mobile home. See Dwelling, mobile home.

2.02.234.

Mobile home park. See Manufactured home park.

2.02.235.

Mobile home subdivision. See Manufactured home subdivision.

2.02.236.

Motel. See Hotel.

2.02.237.

Motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds and self-propelled invalid chairs.

2.02.238.

Neb. Rev. Stat. shall refer to the Nebraska State Statutes.

2.02.239.

Nightclub shall mean a commercial establishment dispensing beverages for consumption on the premises and in which dancing is permitted or entertainment is provided. Also, see Bar.

2.02.240.

Noncommunity water supply system shall mean any public water supply system that is not a community water supply system.

2.02.241.

Non-conforming building shall mean a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.

2.02.242.

Non-conforming use shall mean a use lawful when established but which does not conform to subsequently established zoning or zoning regulation.

2.02.243.

Non-farm buildings are all buildings except those buildings utilized for agricultural purposes on a farmstead of 20 acres or more which produces $1,000.00 or more of farm products each year.

2.02.244.

Nuisance shall mean anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses such as noise, dust, odor, smoke, gas, pollution, congestion, lighting, and litter.

2.02.245.

Nursery shall mean the use of a premises for the propagation, cultivation, and growth of trees, shrubs, plants, vines, and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants, vines, and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizers as are intended to be used in preserving the life and health of the plants may be sold.

2.02.246.

Office shall mean a building or a portion of a building wherein services are performed involving, primarily, administrative, professional, or clerical operations.

2.02.247.

Official map. See Map, official zoning district.

2.02.248.

Off-street parking area for vehicular use shall refer to all off street areas and spaces designed, used, required, or intended to be used for parking, including driveways or access ways in and to such areas.

2.02.249.

Open lots shall mean pens or similar concentrated areas, including small shed-type areas or open-front buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry are substantially or entirely exposed to the outside environment except for possible small portions affording some protection by windbreaks or small shed-type areas.

2.02.250.

Open space shall mean a parcel or parcels of land, together with the improvements thereon, primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys, roads, driveways, parking areas, structures, and buildings.

2.02.251.

Open space, common, shall mean a separate and distinct area set aside as open space within or related to a development, and not on individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development. Rights-of-way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or required yards shall not be included as common open space.

2.02.252.

Outdoor advertising shall include the definitions of "advertising structure" and "sign."

2.02.253.

Overlay district shall mean a district in which additional requirements act in conjunction with the underlying zoning district. The original zoning district designation does not change.

2.02.254.

Owner shall mean one or more persons, including corporations, who have title to the property, building or structure in question.

2.02.255.

Paintball shall mean all guns and other devices used for the purpose of firing pellets containing a latex paint at a person or target.

2.02.256.

Paintball course, commercial, shall mean a commercial recreational park containing obstacle courses for the purpose of staging paintball battles. Said facility generally collects a fee, either as membership or on a visit by visit basis, that allows individuals to participate in paintball activities.

2.02.257.

Parcel shall mean a lot or a contiguous group of lots in single ownership or under single control, which may be considered as a unit for purposes of development.

2.02.258.

Park shall mean any public or private land available for recreational, educational, cultural, or aesthetic use.

2.02.259.

Parking area, private, shall mean an area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use.

2.02.260.

Parking area, public, shall mean an area, other than a private parking area or street used for the parking of vehicles capable of moving under their own power, either free or for remuneration.

2.02.261.

Parking space, automobile, shall mean an area, other than a street or alley, reserved for the parking of an automobile, such space having a dimension not less than nine feet by 20 feet, plus such additional area as is necessary to afford adequate ingress and egress.

2.02.262.

Parkway shall mean an arterial highway with full or partial control of access, and located within a park or ribbon of park-like development.

2.02.263.

Performance guarantee shall mean a financial guarantee to ensure that all improvements, facilities, or work required by this chapter will be completed in compliance with these regulations as well as with approved plans and specifications of a development.

2.02.264.

Permanent foundation shall mean a base constructed from either poured concrete or laid masonry block or brick and placed on a footing located below ground level to a point below the frost line upon which a building or structure is permanently attached.

2.02.265.

Permanent tree protection devices shall be structural measures, such as retaining walls or aeration devices that are designed to protect the tree and its root systems throughout its lifetime.

2.02.266.

Permanently attached shall mean connected to real estate in such a way as to require dismantling, cutting away, or unbolting in order to remove, relocate, or replace.

2.02.267.

Permitted use shall mean any land use allowed without condition within a zoning district.

2.02.268.

Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, county, special district or any other group or combination acting as an entity, except that it shall not include Syracuse, Nebraska.

2.02.269.

Planned development shall mean a development designed to provide for an unusual or different arrangement of residential, business, or industrial uses in accordance with an approved development plan.

2.02.270.

Planning commission shall mean the planning commission of Syracuse, Nebraska.

2.02.271.

Plant materials shall mean trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.

2.02.272.

Plat shall mean a map showing the location, boundaries, and legal description of individual properties.

2.02.273.

Policy shall mean a statement or document of the city, such as the comprehensive plan, that forms the basis for enacting legislation or making decisions.

2.02.274.

Premises shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or irregular tract, provided such lots or tracts are under common ownership, contiguous, and used as a single tract. A building or land within a prescribed area.

2.02.275.

Prohibited use shall mean any use of land, other than nonconforming, which is not listed as a permitted use or conditional use within a zoning district.

2.02.276.

Promotional device shall mean any sign intended to be displayed either with or without a frame, with or without characters, letters, illustrations, or other material, on a fabric of any kind. National flags, flags of political subdivisions, or symbolic flags of any institutions or business shall be considered a promotional device for the purpose of this definition. Banners, pennants, inflatable characters, streamers, or fringe-type ribbons or piping shall be considered as a promotional device.

2.02.277.

Protected zone shall mean all lands that fall outside the buildable areas of a parcel, all areas of a parcel required to remain in open space, and/or all areas required as landscaping strips according to the provisions of the zoning regulation.

2.02.278.

Public utility shall mean any business which furnishes the general public telephone service, telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state or federal government.

2.02.279.

Public water supply shall mean a water supply system designed to provide public piped water fit for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals. This definition shall include:

(1)

Any collection, treatment, storage, or distribution facilities under the control of the operator of such system and used primarily in connection with such system; and

(2)

Any collection or pretreatment storage facilities not under such control which are used primarily in the connection with such system.

2.02.280.

Railroad shall mean the land use including the right-of-way (R.O.W.) abutting railroad properties occupied by uses pertinent to the railroad operation and maintenance, but not including properties owned by the railroad and leased for use by others.

2.02.281.

Recreational facility shall mean facilities for the use by the public for passive and active recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming, or golf. This shall include country clubs and athletic clubs, but not facilities accessory to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events. In addition, recreational facilities shall mean museums, amphitheaters, race tracks (including all motor powered vehicles) and wildlife conservation areas (used for public viewing), and theme parks.

2.02.282.

Recreational vehicle (RV) shall a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which unit either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicle includes, but is not limited to, travel trailer, park trailer, camping trailer, truck camper, motor home, and van conversion.

2.02.283.

Recreational vehicle (RV) park shall mean a tract of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or travelers.

2.02.284.

Residence shall mean a building used, designed, or intended to be used as a home or dwelling place for one or more families.

2.02.285.

Restaurant shall mean a public eating establishment at which the primary function is the preparation and serving of food primarily to persons seated within the building.

2.02.286.

Restaurant, drive-in, shall mean an establishment that has the facilities to serve prepared food and/or beverages to customers seated within motor vehicles for consumption either on or off the premises.

2.02.287.

Restaurant, entertainment, shall mean an establishment where food and drink are prepared, served, and consumed, within a building or structure that integrally includes electronic and mechanical games of skill, simulation, and virtual reality, play areas, video arcades or similar uses, billiards, and other forms of amusement.

2.02.288.

Restaurant, fast food, shall mean an establishment whose principal business is the sale of food and/or beverages in ready-to-consume individual servings, for consumption either within the establishment, for carryout, or drive-in; and where food and/or beverages are usually served in paper, plastic, or other disposable containers.

2.02.289.

Retail trade shall mean uses primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of goods. Uses engaged in retail trade sell merchandise to the general public or to households for personal consumption.

2.02.290.

Retention basin shall mean a pond, pool, or basin used for the permanent storage of stormwater runoff.

2.02.291.

Reverse spot zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent with the comprehensive land use plan and that uniquely burdens an individual owner largely to secure some public benefit. Reverse spot zoning usually results from downzoning a tract of land to a less intensive use classification than that imposed on nearby properties.

2.02.292.

Rezoning shall mean an amendment to or change in the zoning regulations either to the text or map or both.

2.02.293.

Rezoning, piecemeal, shall mean the zoning reclassification of individual lots resulting in uncertainty in the future compatible development of the area.

2.02.294.

Right-of-way shall mean an area or strip of land, either public or private, on which an irrevocable right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or pedestrians or both.

2.02.295.

Road shall mean the same as "street."

2.02.296.

Road, private, shall mean a way, other than driveways, open to vehicular ingress and egress established for the benefit of certain, adjacent properties. Also, see Right-of-way and Street.

2.02.297.

Road, public, shall mean all public right-of-way reserved or dedicated for street or road traffic. Also, see Right-of-way and Street.

2.02.298.

Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.

2.02.299.

Satellite dish antenna shall mean a round, parabolic antenna incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to transmit and/or receive radio or electromagnetic waves.

2.02.300.

School, day, shall mean a preschool or nursery school for children.

2.02.301.

School, day, pre- or nursery, shall mean a school or center for children under school age, whether licensed as a day care center or not, shall be approved by the Nebraska state fire marshal as being in safety conformance with the National Fire Protection Association, Pamphlet 101, known as the Life Safety Code and shall be approved by the Nebraska Department of Health and Welfare as meeting their health and welfare standards.

2.02.302.

Screening shall mean a structure of planting that conceals from view from public ways the area behind such structure or planting.

2.02.303.

Selective clearing shall be the careful and planned removal or trees, shrubs, and plants using specific standards and protection measures.

2.02.304.

Self-service station shall mean an establishment where motor fuels are stored and dispensed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

2.02.305.

Self-service storage facility shall mean a building or group of buildings containing individual, compartmentalized, and controlled access stalls or lockers for storage.

2.02.306.

Separate ownership shall mean ownership of a parcel of land by a person who does not own any of the land abutting such parcel.

2.02.307.

Service station shall mean buildings and premises where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light maintenance activities such as engine tune-ups, lubrications, and washing may be conducted, but not including heavy maintenance and repair such as engine overhauls, painting, and body repair.

2.02.308.

Setback line, front yard, shall mean the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

2.02.309.

Setback line, rear yard or side yard, shall mean the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.

2.02.310.

Shopping center shall mean a group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated from customer access, aesthetic considerations, and protection from the elements.

2.02.311.

Shopping center, commercial strip, shall mean a commercial development, usually one store deep, that fronts on a major street for a distance of one city block or more. Includes individual buildings on their own lots, with or without on-site parking and small linear shopping centers with shallow on-site parking in front of the stores.

2.02.312.

Shrub shall mean a multi-stemmed woody plant other than a tree.

2.02.313.

Sidewalk cafe shall mean an area adjacent to a street level eating or drinking establishment located adjacent to the public pedestrian walkway and used exclusively for dining, drinking, and pedestrian circulation. The area may be separated from the public sidewalk by railings, fencing, or landscaping or a combination thereof.

2.02.314.

Sight triangle is an area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and ten feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 60 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 60-foot distance shall be increased to 90 feet for each arterial leg of the intersection.

2.02.315.

Sign shall mean and include any outdoor sign, display, declaration, device, figure, drawing, illustration, message, placard, poster, billboard, insignia, or other things which are designed, intended, or used for direction, information, identification, or to advertise, to inform, or to promote any business, product activity, service, or any interest, except the following:

2.02.315.01.

A name plate or sign designating location, direction, information, or identification, providing the surface area or face of such sign does not exceed ten square feet.

2.02.315.02.

Sign less than 25 square feet in surface area advertising activities conducted on the premise, products grown, made, or produced on the premise.

2.02.315.03.

Signs less than 50 square feet in area and less than 25 feet in height of a public or quasi-public nature or other official notices that are authorized by the State of Nebraska, City of Syracuse, or a federal government agency, directional, informational, or other official signs or notices authorized by law.

2.02.316.

Sign, advertising, shall mean a sign which directs attention to any product, activity, or service; provided, however, that such sign shall not be related or make reference to the primary use, business activity, or service conducted on the premises.

2.02.317.

Sign, animated, shall mean any sign that uses movement or change of lighting to depict action or create a special effect or scene.

2.02.318.

Sign, announcement, shall mean a small announcement or professional signs, not over six square feet in area, except that an announcement sign or bulletin board not over 32 square feet in area, set back at least 20 feet from any highway, street, road, or roadway easement may be erected in connection with any of the permitted principal uses of a nonresidential nature.

2.02.319.

Sign, architectural canopy, shall mean an enclosed, illuminated (backlit awning) or non-illuminated structure that is attached to the wall of a building with the face of the sign approximately parallel to the wall and with the sign's area integrated into its surface.

2.02.320.

Sign area shall mean the area of a sign on which copy can be placed, but not including the minimal supporting framework or bracing. The area of individually painted letter signs, individual letter signs or directly or indirectly illuminated individual letter signs, shall be calculated on the basis of the smallest geometric figure that will enclose the entire copy area of the sign. Any such calculation shall include the areas between the letters and lines, as well as the areas of any devices, illuminated or non-illuminated.

2.02.321.

Sign, awning or canopy, shall mean any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

2.02.322.

Sign, banner, shall mean any sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or official flag of any institution or business shall not be considered banners.

2.02.323.

Sign, billboard, shall mean a sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. A sign is not a billboard if a sign is located on property abutting the lot or parcel where the commercial or noncommercial activity is conducted, service is rendered, or commodity is sold and the abutting properties are owned by the same person or entity.

2.02.324.

Sign, building, shall mean any sign supported by, painted on or otherwise attached to any building or structure.

2.02.325.

Sign, building marker, shall mean any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

2.02.326.

Sign, changeable copy, shall mean a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without, altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance.

2.02.327.

Sign, closed, shall mean a sign in which more than 50 percent of the entire area is solid or tightly closed or covered.

2.02.328.

Sign, commercial message, shall mean any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

2.02.329.

Sign, destination, shall mean an off-premises sign used to inform and direct the public to important public places and buildings, landmarks, and historical sites in the most simple, direct, and concise manner possible and shall be limited only to the following non-commercial uses: hospital, church, library, school, museum, county fairgrounds or building, or city-owned facility.

2.02.330.

Sign, electronic message board, shall mean a sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

2.02.331.

Sign, flashing, shall mean a sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on or off.

2.02.332.

Sign, freestanding, shall mean any sign supported by uprights or braces placed on or in the ground, which is used principally for advertising or identification purposes and is not supported by any building.

2.02.333.

Sign, ground (low profile), shall mean a sign mounted directly to the ground with a maximum height not to exceed ten feet.

2.02.334.

Sign, illuminated, shall mean a sign illuminated in any manner by an artificial light source.

2.02.335.

Sign, incidental, shall mean a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

2.02.336.

Sign, marquee, shall mean any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

2.02.337.

Sign, nameplate, shall mean a sign not exceeding two square feet for each use.

2.02.338.

Sign, non-conforming, shall mean any sign that does not conform to the requirements of this ordinance.

2.02.339.

Sign, obsolete, shall mean a sign that advertises a business no longer in existence or a product no longer offered for sale and has advertised such business or product for a period of six months after the termination of the existence of such business or the termination of sale of the product advertised.

2.02.340.

Sign, off-premises, shall mean a sign including the supporting sign structure which directs the attention of the general public to a business, service, or activity not usually conducted, or a product not offered or sold, upon the premises where such sign is located.

2.02.341.

Sign, on-premises, shall mean a sign, display, or device-advertising activities conducted on the property on which such sign is located.

2.02.342.

Sign, open, shall mean a sign attached to or hung from a marquee, canopy, or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line, or street lot line.

2.02.343.

Sign, pennant, shall mean any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

2.02.344.

Sign, pole, shall mean a sign that is mounted on a freestanding pole, double legged support or other support so that the bottom edge of the sign face is six feet or more above grade.

2.02.345.

Sign, portable, shall mean a sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character. Examples are: menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

2.02.346.

Sign, projecting, shall mean a projecting sign attached to a building in such a manner that its leading edge extends more than eight inches beyond the surface of such building or wall.

2.02.347.

Sign, real estate, shall mean a temporary sign that identifies property or properties that are for sale or lease.

2.02.348.

Sign, roof, shall mean a sign identifying the name of a business, enterprise, or the product sold on the premises and erected on and over the roof of a building and extending vertically above the highest portion of the roof.

2.02.349.

Sign, roof (integral), shall mean any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

2.02.350.

Sign, setback, shall mean the horizontal distance from the property line to the nearest projection of the existing or proposed sign.

2.02.351.

Sign, subdivision, shall mean a sign erected on a subdivision, which identifies the platted subdivision where the sign is located.

2.02.352.

Sign, surface, shall mean the entire area of a sign.

2.02.353.

Sign, suspended, shall mean a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

2.02.354.

Sign, temporary, shall mean a sign constructed of cloth, fabric, or other material with or without a structural frame intended for a limited period of display, including displays for holidays or public demonstrations. Temporary signs shall include portable signs as defined in this section.

2.02.355.

Sign, wall, shall mean any sign attached parallel to, but within eight inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

2.02.356.

Sign, window, shall mean any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

2.02.357.

Similar use shall mean the use of land, buildings, or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public services requirements, aesthetics or other similarities.

2.02.358.

Site break shall mean a structural or landscape device to interrupt long vistas and create visual interest in a site development.

2.02.359.

Site plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, landscape features, and other principal site development improvements for a specific parcel of land.

2.02.360.

Site, septic, shall mean the area bounded by the dimensions required for the proper location of the septic tank system.

2.02.361.

Skate, in-line, shall mean a boot-type device, which is placed on an individual's feet. In-line skates contain wheels on the bottom of the boot, which are attached in linear fashion.

2.02.362.

Skate park shall mean a recreational facility containing skateboard ramps and other obstacle courses and devices for use with skateboards and in-line skates.

2.02.363.

Skateboard shall mean a foot board mounted upon four or more wheels and is usually propelled by the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.

2.02.364.

Skateboard pipe shall mean an outdoor structure which is shaped into a half circle or oval, that are designed and principally intended to permit persons on skateboards to move continuously from one side to the other.

2.02.365.

Skateboard ramp shall mean an outdoor structure with an upward inclined surface, essentially one of the sides of a pipe, which are designed and principally intended to permit persons on skateboards to move from horizontal to vertical and back to horizontal.

2.02.366.

Sludge shall mean solids removed from sewage during wastewater treatment and then disposed of by incineration, dumping, burial, or land application.

2.02.367.

Solid waste shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal, dead animals, or paunch manure.

2.02.368.

Specified anatomical areas shall mean anatomical areas consisting of:

2.02.368.01.

Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and

2.02.368.02.

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

2.02.369.

Specified sexual activities shall mean activities consisting of the following:

2.02.369.01.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts of conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

2.02.369.02.

Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;

2.02.369.03.

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;

2.02.369.04.

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s);

2.02.369.05.

Situation involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint or any such persons;

2.02.369.06.

Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or

2.02.369.07.

Human excretion, urination, menstruation, vaginal, or anal irrigation.

2.02.370.

Small wireless facility shall mean smaller antennas and compact radio equipment deployed in order to provide mobile voice and broadband services. Such facilities include distributed antenna systems (DAS), small cells, and other low-powered radio access nodes, including those that operate in licensed spectrum and unlicensed carrier-grade wi-fi. Small wireless facilities typically have a range from ten meters to several hundred meters and can be deployed on a variety of nontraditional structures such as utility poles, as well as on rooftops and inside buildings, to enhance capacity or fill in coverage gaps. The terms shall be construed to include supporting lines, cables, wires, braces, masts, or other appurtenances.

2.02.371.

Spot zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent with the comprehensive land use plan and primarily promotes the private interest of the owner rather than the general welfare. Spot zoning usually results from an upzoning to a more intensive use classification.

2.02.372.

Standard system shall mean a sewage treatment system employing a building sewer, septic tank, and a standard soil absorption system.

2.02.373.

State shall mean the State of Nebraska.

2.02.374.

Storage shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material, merchandise, or vehicles on the same tract or premises for more than 30 days.

2.02.375.

Storm drain shall mean a conduit that carries natural storm and surface water drainage but not sewage and industrial wastes, other than unpolluted cooling water.

2.02.376.

Stormwater detention shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination thereof.

2.02.377.

Stormwater management shall mean the collecting, conveyance, channeling, holding retaining, detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or runoff, together with applicable managerial (non-structural) measures.

2.02.378.

Stormwater retention area shall mean an area designed by a licensed professional engineer and approved by the city to retain water to control the flow of stormwater.

2.02.379.

Stormwater runoff shall mean surplus surface water generated by rainfall that does not seep into the earth but flows over land to flowing or stagnant bodies of water.

2.02.380.

Story shall mean a space in a building between the surface of any floor and the surface of the floor above, or if there is not floor above, then the space between such floor and the ceiling or roof above.

2.02.381.

Story, one-half, shall mean the same as "half-story."

2.02.382.

Street shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use as such, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this regulation.

2.02.383.

Street, arterial, shall mean a street designed with the primary function of efficient movement of through traffic between and around areas of a city with controlled access to abutting property.

2.02.384.

Street centerline shall mean the centerline of a street right-of-way as established by official surveys.

2.02.385.

Street, collector, shall mean a street or highway, which is intended to carry traffic from minor street to major streets. Collector streets are usually the principal entrance streets to residential developments and the streets for circulation within the development.

2.02.386.

Street, curvilinear, shall mean local streets that deviate from straight alignment and change direction without sharp corners or bends.

2.02.387.

Street frontage shall mean the distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

2.02.388.

Street, frontage access, shall mean a street parallel and adjacent to a major street, major inter-regional highway, or major collection road and primarily for service to the abutting properties, and being separated from the major street by a dividing strip.

2.02.389.

Street hardware shall mean man-made objects other than buildings that are part of the streetscape. Examples are lamp posts, utility poles, traffic signs, benches, litter containers, planting containers, letter boxes, fire hydrants.

2.02.390.

Street, local, shall mean a street designed for local traffic that provides direct access to abutting residential, commercial, or industrial properties.

2.02.391.

Street, looped, shall mean a continuous local street without intersecting streets and having its two outlets connected to the same street.

2.02.392.

Streets, major, shall mean a street or highway used primarily for fast or high volume traffic, including expressways, freeways, boulevards, and arterial streets.

2.02.393.

Street, private, shall mean an open, unoccupied space, other than a street or alley dedicated to the public, but permanently established as the principal means of vehicular access to abutting properties. The term "private street" includes the term "place."

2.02.394.

Street, side, shall mean that street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot.

2.02.395.

Streets line shall mean a dividing line between a lot, tract, or parcel of land and the contiguous street.

2.02.396.

Streetscape shall mean the scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, plantings, street hardware, and miscellaneous structures.

2.02.397.

Structure shall mean anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts, and similar recreation areas.

2.02.398.

Structure, advertising, shall mean the same as "advertising structure."

2.02.399.

Structural alteration shall mean any change in the support members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls or similar components.

2.02.400.

Subdivision shall mean the division of land, lot, tract, or parcel into two or more lots, parcels, plats, or sites, or other divisions of land for the purpose of sale, lease, offer, or development, whether immediate or future. The term shall also include the division of residential, commercial, industrial, agricultural, or other land whether by deed, metes, and bounds description, lease, map, plat, or other instrument.

2.02.401.

Surface waters shall mean all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal systems, drainage systems, and all other bodies or accumulations of water, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.

2.02.402.

Tanning studio shall mean any business that uses artificial lighting systems to produce a tan on an individual's body. These facilities may be either a stand-alone business or as an accessory use in spas, gymnasiums, athletic clubs, health clubs, and styling salons. This use is not included with any type of adult establishment.

2.02.403.

Tattoo parlor/body piercing studio shall mean an establishment whose principal business activity is the practice of tattooing and/or piercing the body of paying customers.

2.02.404.

Tavern. See Bar.

2.02.405.

Temporary use shall mean a use intended for limited duration to be located in a zoning district not permitting such use.

2.02.406.

Theater shall mean a building or structure used for dramatic, operatic, motion pictures, or other performance, for admission to which entrance money is received and no audience participation or meal service.

2.02.407.

Tower shall mean a structure situated on a site that is intended for transmitting or receiving television, radio, or telephone communications. Also, see Antenna.

2.02.408.

Trailer, automobile, shall mean a vehicle without motive power, designed and constructed to travel on the public thoroughfares and to be used for human habitation or for carrying property, including a trailer coach.

2.02.409.

Truck repair shall mean the repair, including major mechanical and body work, straightening of body parts, painting, welding, or other work that may include noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations, of trucks having a hauling capacity of over one ton and buses but excluding pickups and other vehicles designed for the transport of under eight passengers.

2.02.410.

Upzoning shall mean a change in zoning classification of land to a more intensive or less restrictive district such as from residential district to commercial district or from a single-family residential district to a multiple-family residential district.

2.02.411.

Use, best, shall mean the recommended use or uses of land confined in an adopted comprehensive plan. Such use represents the best use of public facilities, and promotes health, safety and general welfare.

2.02.412.

Use, highest, shall mean an appraisal or real estate market concept that identifies the use of a specific tract of land that is most likely to produce the greatest net return on investment.

2.02.413.

Use, principal, shall mean the main use of land or structure, as distinguished from an accessory use. Also, see Building, principal.

2.02.414.

Used materials yard shall mean any lot or a portion of any lot used for the storage of used materials. This shall not include junk yards or automobile wrecking yards.

2.02.415.

Utilitarian structure shall mean a structure or enclosure relating to mechanical or electrical services to a building or development.

2.02.416.

Utility easement shall mean the same as "easement."

2.02.417.

Utility hardware shall mean devices such as poles, crossarms, transformers and vaults, gas pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a building or a project.

2.02.418.

Utilities, overhead or underground local distribution system of, shall mean the local service distribution circuit or lines and related appurtenances served from a substation, town border station, reservoir, or terminal facility which is served from a main supply line, main transmission line, or main feeder line as may be applicable to electric, communications, gas, fuel, petroleum, fertilizer, or other chemical utilities. Local electric distribution systems shall be limited to include all lines and appurtenances carrying a primary voltage of less than 161 KV from an electric transformer substation to the consumer. The local telephone distribution system shall be limited to include the local exchange lines, the local toll lines, and the local communications equipment facilities structure.

2.02.419.

Utilities, overhead or underground transmission line, supply line, wholesale carrier or trunk line, main feeder line, or other applicable designation, shall mean the main supply or feeder line serving a local distribution system of utilities, and shall include, but is not limited to, pumping stations, substations, regulating stations, generator facilities, reservoirs, tank farms, processing facilities, terminal facilities, towers, and relay stations, and treatment plants.

2.02.420.

Utility service shall mean any device, including wire, pipe, and conduit, which carries gas, water, electricity, oil and communications into a building or development.

2.02.421.

Variance shall mean a relief from or variation of the provisions of this chapter, other than use regulations, as applied to a specific piece of property, as distinct from rezoning.

2.02.422.

Vegetation shall mean all plant life; however, for purposes of this zoning regulation it shall be restricted to mean trees, shrubs, and vines.

2.02.423.

Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails or tracks.

2.02.424.

Vehicle, motor. See Motor vehicle.

2.02.425.

Visual obstruction shall mean any fence, hedge, tree, shrub, wall or structure exceeding two feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys, or driveways. This does not include trees kept trimmed of branches below a minimum height of eight feet.

2.02.426.

Warehouse shall mean a building used primarily for the storage of goods and materials.

2.02.427.

Warehouse and distribution shall mean a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment.

2.02.428.

Wastewater lagoon. See Lagoon.

2.02.429.

Waters of the state shall mean all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water surface or underground, material or artificial, public or private, situated wholly within or bordering upon the state.

2.02.430.

Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soiled conditions, commonly known as hydrophytic vegetation.

2.02.431.

Wholesale establishment shall mean an establishment for the on-premises sales of goods primarily to customers engaged in the business of reselling the goods.

2.02.432.

Wholesale trade shall mean a use primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. The principal types of establishments included are merchant wholesalers; sales branches and sales offices (but not retail stores) maintained by manufacturing enterprises apart from their plants for the purpose of marketing their products; agents, merchandise or commodity brokers, and commission merchants; petroleum bulk storage, assemblers, buyers, and associations engaged in cooperative marketing of farm products. The chief functions of uses in wholesale trade are selling goods to trading establishments, or to industrial, commercial, institutional, farm and professional; and bringing buyer and seller together. In additional to selling, functions frequently performed by wholesale establishments include maintaining inventories of goods; extending credit; physically assembling, sorting and grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery; refrigeration; and various types of promotion such as advertising and label designing.

2.02.433.

Yard shall mean any open space on the same lot with a building or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or for accessory buildings or structures permitted by this regulation.

2.02.434.

Yard, front, shall mean a space between the front yard setback line and the front lot line or highway setback line, and extending the full width of the lot.

2.02.435.

Yard, rear, shall mean a space between the rear yard setback line and the rear lot line, extending the full width of the lot.

2.02.436.

Yard, side, shall mean a space extending from the front yard, or from the front lot line where no front yard is required by this regulation, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. There shall be only one required side yard on a corner lot.

2.02.437.

Zone lot shall mean a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations.

2.02.438.

Zoning administrative officer shall mean the person or persons authorized and empowered by the city to administer and enforce the requirements of this chapter.

2.02.439.

Zoning district shall mean the same as "district."

2.02.440.

Zoning district, change of, shall mean the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the zone map of the city.

2.02.441.

Recreational vehicle shall mean a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which unit either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicle includes, but is not limited to, travel trailer, park trailer, camping trailer, truck camper, motor home, and van conversion.

2.02.442.

Dwelling, special type, shall mean a dwelling type that does not meet the typical construction style of traditional dwellings, including, but not limited to, stick built, modular, manufactured, single-family, or mobile, which such special type dwelling is further defined below.

2.02.442.01.

Shouse shall mean a combination of a dwelling unit and machine shed under a common or connecting roofing system. When a shouse is constructed in a Transitional Agriculture District (TA-1) or Low Density Residential District (R-1), the structure shall not be classified as an agricultural building (see section 4.06.02.06). A shouse shall be considered the principal building for the lot. The residential portion of the structure shall have a minimum of 400 square feet; a functioning bathroom and kitchen; and other rooms meeting the minimum room size required by the International Residential Code, as adopted by the City of Syracuse. The residential portion of the structure shall also meet all other requirements of the International Residential Code, as well as requirements of the International Energy Conservation Code, as adopted by the City of Syracuse.

2.02.443.

Shipping container shall mean a six-sided steel unit originally constructed as a general cargo container used for the transportation of goods or materials and includes a product brand, portable on demand storage (PODS). Shipping container does not include a similar structure such as a railroad car, recreational vehicle, bus body, semi-trailer, or similar fabricated items.

(Ord. No. 766, 10-20-2004; Ord. No. 775, 8-1-2005; Ord. No. 790, 1-9-2006; Ord. No. 854, 12-8-2008; Ord. No. 975, § 1, 8-12-2015; Ord. No. 1022, § 1, 10-11-2017; Ord. No. 1100, § 1, 4-14-2021; Ord. No. 1103, § 1, 6-16-2021; Ord. No. 1108, § 1, 9-8-2021; Ord. No. 1145, § 1, 8-16-2023)