These regulations are adopted under the authority granted by Wis. Stats. § 62.23(7).

(Code 1993, § 17.01)

The purpose of this chapter is to promote the health, safety, prosperity, aesthetics and general welfare of this community.

(Code 1993, § 17.02)

It is the intent of this chapter to regulate and control the use of all structures, lands and waters, lot coverage, population density and the size and location of all structures so as to lessen congestion and promote safety from fire, flooding and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and implement the community comprehensive plan components. It is further intended to provide for the administration and enforcement of this chapter and penalties for its violation.

(Code 1993, § 17.03)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 1993, § 17.04)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other power granted by state statutes.

(Code 1993, § 17.05)

The jurisdiction of this chapter shall include all lands and water within the corporate limits of the city.

(Code 1993, § 17.10)

No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

(Code 1993, § 17.11)

Applications for a zoning/building permit shall be made in duplicate to the building inspector on forms furnished by the inspector and shall include the following, where applicable:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.

(2)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, regulated air space, uses and size of the subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street; and side and rear yards. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site. The plat of survey shall be required for all proposed construction, with the exception of the R-1 and R-2 districts as defined in this chapter. The plat of survey shall be required in R-1 and R-2 districts only for construction of new principal buildings.

(4)

Proposed sewage disposal plan if municipal sewerage service is not available. This plan shall be approved by the city engineer who shall certify in writing that satisfactory, adequate and safe sewage disposal is possible on the site as proposed by the plan, in accordance with applicable local, county and state health agency regulations.

(5)

Proposed water supply plan if municipal water service is not available. This plan shall be approved by the city engineer who shall certify in writing that an adequate and safe supply of water will be provided.

(6)

Additional information as may be required by the plan commission, city engineer and building, plumbing or health inspectors.

(7)

Receipt from the treasurer in the amount of the current permit fee set by resolution of the city council.

(8)

a.

Residential one- and two-family dwellings. The permit shall be granted or denied in writing by the building inspector within ten days. The permit shall expire within six months, unless substantial work has commenced as determined by the building inspector. Any permit issued in conflict with the provisions of this chapter shall be null and void.

b.

Commercial and industrial new construction. The permit shall be reviewed by the plan commission and granted or denied in writing within ten days of the review. The permit shall expire within six months, unless substantial work has commenced as determined by the building inspector. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(Code 1993, § 17.12; Ord. No. 2022-05-13-D, § 1, 5-17-2022)

(a)

No land shall be used or structure erected where the land is held to be unsuitable for such use or structure by the plan commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the community. The plan commission, in applying the provisions of this section shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability.

(b)

All lots shall abut upon a public street and each lot shall have a minimum frontage and area as set forth in the schedule of regulations, section 52-40 with the exception of subsection (b)(1) as follows:

(1)

The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for that district. Lots located on cul-de-sac turn-arounds or curves in the road or lots of unusual shape may have lot widths of less than those required provided that the average of the front and rear lot line is equal to or greater than the required lot width. In no case however, shall the front lot line have a width of less than 75 percent of the required width.

(c)

All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot.

(d)

No permits shall be issued for a lot abutting a public street that is dedicated to only a portion of its proposed width, if the lot abuts the side of the public street for which dedication has not been secured.

(e)

In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system, designed in accordance with Comm 85. In any district where the public water service or public sewerage service is not available, the lot width and area shall be determined in accordance with Comm 85, but for one-family dwellings, shall not be no less than 100 feet and no less than 20,000 square feet respectively.

(Code 1993, § 17.13; Ord. No. 2009-05-02-D, § 1, 52-9(b))

The following restrictions and regulations shall apply:

(1)

Principal uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district.

a.

Accessory uses and structures may be allowed where they comply with the following conditions and requirements:

1.

Size of accessory structures in residential districts. Accessory structures in residential districts on lots less than or equal to one acre in size may not occupy more than 1,200 square feet or ten percent of the lot area, whichever is smaller. Accessory structures in residential districts on lots greater than one acre in size may not occupy more than 2,400 square feet or ten percent of the lot area, whichever is smaller. The measurement of accessory structure size shall include the total of all detached accessory buildings on the lot.

2.

No detached accessory structure shall exceed 20 feet in height.

3.

Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction.

4.

All accessory structures which are attached to the principal building shall comply with the yard requirements of the principal building except for open decks. Open decks (without a roof or enclosure) may not exceed one-half the distance of the required front, side and rear yard setbacks for the zoning classification of the property.

b.

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the plan commission after the commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

c.

Temporary uses. Temporary uses, such as real estate sales field offices or shelters for equipment and materials being used in the construction of a permanent structure, may be permitted by the zoning inspector.

(2)

Performance standards. Performance standards as listed in section 52-208 shall be complied with by all uses in all districts.

(Code 1993, § 17.14; Ord. No. 2008-02-03-C, § 1, 2-12-2008; Ord. No. 2019-08-07-D, § 1, 8-13-2019; Ord. No. 2023-05-05-D, § 1, 5-16-2023)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Code 1993, § 17.15)

The provisions of this chapter shall be enforced by the building inspector, or any other code enforcement officer. The building inspector shall keep a record of all applications for zoning permits issued, with a notation of any conditions that may have been imposed by the board of appeals under the provisions of this Code. He shall file and safely keep copies of all plans submitted. He shall also keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint. All such records and plans shall form a part of the records of his office and shall be available for the use of the city council and/or other official agencies of the city.

(Code 1993, § 17.16;Ord. No. 2013-11-11-D, § 11-12-2013)

No person shall construct or use any structure, land or water in violation of any of the provisions of this chapter. In case of any violation, the city council, the zoning inspector, the plan commission or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

(Code 1993, § 17.17)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a subordinate building or portion of the main building, the use of which is purely incidental to that of the main building. Accessory structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory buildings include one-stall, two-stall or three-stall automobile garages commonly found on a residential lot, garden tool storage buildings, summer shelters, arbor, private swimming pools and private emergency shelters. Accessory structures are subject to size and clearance standards described in section 52-10(2).

Accessory use means a use subordinate in nature, extent or purpose to the principal use of the building or lot. A subordinate use shall not begin until the principal use has begun or the structure in which to do it is under construction.

Advertising sign, outdoor means a structural poster, panel or a painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public unrelated to the premises upon which it is located. Signs advertising business or industry located on the same site shall be subject to the provisions of article V of this chapter.

Advertising structure, outdoor means any constructed or erected structure, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.

Alley means a special public right-of-way which affords only a secondary means of access to abutting property and which is not more than 24 feet wide.

Animation. The use of movement or some element thereof, to depict action or create a special effect or scene.

Apartment means a portion of a residential or commercial building used as a separate housing unit.

Apartment house means the same as Dwelling, multiple.

Arterial street means a public street or highway used or intended to be used primarily for fast or heavy through traffic.

Awning means a movable device attached to a building, intended to provide shade or shelter and a device to permit ready removal or movement to a position on or close to the building. (See also Canopy or marquee.)

Basement means as defined in the state building code.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for not more than six persons not members of a family.

Buffer yards means horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required buffer yard shall be determined by the plan commission. The minimum width shall be ten feet.

Building means a structure having a roof and intended for the shelter, housing or enclosure of persons, animals, equipment, machinery or materials.

Building, alterations of, means any change or rearrangement of the supporting members, such as bearing walls, beams, columns or girders, of a building, or an addition to or movement of a building from one location to another.

Building area means the total living or commercial area bounded by the exterior walls of a building at the floor levels, not including basements, unheated porches and breezeways.

Building, front line of, means a line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.

Building, height of, means the vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof or to the mean height between eaves and ridge for gable, hip or gambrel roofs.

Building, principal means a building in which is conducted the main use of the lot on which it is located.

Butcher shop means a retail store supplying meat and poultry products where meat processing is limited to making cuts of meat from pre-processed carcasses.

Canopy or marquee means a permanent, roof-like device attached to or connected with a building, intended to provide shade or shelter. (See also Awnings.)

Carport. See Garage, private.

Clinic means a building used by a group of doctors for the medical or dental examination or treatment of persons on an out-patient or nonboarding basis only.

Club means a building owned, leased or hired by a nonprofit association of persons who are bona fide members paying dues, the use of which is restricted to members and their guests.

Conditional uses means uses of special nature, such as to make impractical their predetermination as a principal use in a district.

Conforming use means any lawful use of a building or lot which complies with the provisions of this chapter.

Court means an open, unoccupied space, other than a yard, on the same lot with a building and which is bounded on at least two sides by the building.

Curb break means any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.

Curb level means the level of the established curb in the front of the building, measured at the center of such front. Where no curb has been established, the city engineer shall authorize and approve the establishment of such curb or its equivalent for the purposes of this chapter.

Drive apron means the connection between a driveway and the traveled portion of a street in the public right of way, including any sidewalk area abutting thereon.

Driveway means an improved surface maintained for motor vehicle access and parking. Such surfaces include those located from street entrance to garage or parking area, and those used specifically for circular turnaround or circular through traffic.

Dwelling, group means a group of two or more multifamily dwellings occupying a lot in one ownership, with any two or more dwellings having a yard or court in common.

Dwelling, multiple, (multifamily dwelling) means a building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, apartment hotels, group houses, adult foster homes and boardinghouses.

Dwelling, one-family means a detached building designed, arranged or used for and exclusively by one-family.

Dwelling, two-family (duplex) means a building designed, arranged or used for and occupied exclusively by two families living independently of each other.

Dwelling unit means a building or portion thereof used exclusively for human habitation, including single-family, two-family and multifamily dwellings, but not including hotels, motels or lodginghouses.

Electronic message center. An on-premises sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.

Emergency shelter means a public or private enclosure designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots or invasions.

Family means any number of persons related by blood, adoption or marriage or not to exceed four persons not so related living together in one dwelling as a single housekeeping entity.

Farm means land consisting of two acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption or use.

Flashing. A pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to the sign.

Floor area means the sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

Frame effect. A visual effect on an electronic message center applied to a single frame to transition from one message to the next.

Front yard as it specifically relates to SECTION 52-206 means any area between the street and main building line.

Frontage means all of the property abutting on one side of a street between two intersecting streets measured along the street line.

Garage, private means an accessory building or portion of the principal building used for vehicular storage only and having a capacity of not more than six automobiles or not more than three automobiles per family, housed in the building to which such garage is accessory, whichever is the greater, and in which space may be used for not more than three vehicles of others not occupants of the building to which such garage is accessory. The term also includes carport and, when related to the context, shall relate to the storage of one or more vehicles.

Garage, public means a building, other than a private or storage garage, used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for enumeration, hire or sale. This includes premises commonly known as gasoline stations or service stations.

Garage, storage means a building or portion thereof, other than a private garage, used exclusively for parking or temporary storage of self-propelled vehicles.

Gasoline station means any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubrication substances, and sale of motor vehicle accessories and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.

Group houses means a group of detached or semi-detached dwellings, as defined in the state building code.

Home occupation means a business, occupation or trade that is conducted by a fulltime occupant of a dwelling unit as an accessory use to the principle use of such dwelling unit for dwelling purpose and where the public comes to purchase or sell items or deliveries are made by private companies and the address is used for advertising the business.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than six sleeping rooms, usually occupied singly, and no provisions made for cooking in the individual apartments.

Household occupation means any occupation for gain or support which is customarily incidental to the principal use of the premises and for which no stock in trade is kept or sold, except that made on the premises or except that which is incidental to the use of which the conditional use is granted.

Improved surface means a surface of hot mix/recycled asphalt, poured/precast concrete or other material that is dust-free. Grass, crushed rock, or gravel are prohibited. An improved surface shall provide a hard driving surface, resist rutting, provides for sufficient water runoff and is graded and surfaced. Alternative surfaces may be approved by the zoning administrator or public works director.

Junkyard means an open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. The term "junkyard" also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Loading areas means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley.

Lot means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.

Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot, reversed corner means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through means a lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.

Lot width means the width of a parcel of land measured at the front building setback line.

Lot, zoning means a single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control.

Manufactured dwelling means a structure or component thereof which is intended for use as a dwelling and:

(1)

Is of closed construction and fabricated or assembled on site or off site in manufacturing facilities for installation, connection or assembly and installation at the building site; or

(2)

Is a building of open construction that is made or assembled in manufacturing facilities away from the building site and for which certification is sought by the manufacturer.

The term "manufactured dwelling" does not include a building of open construction which is not subject to subsection (1) of this definition. A single-width or double-width manufactured (mobile) home is not considered a manufactured dwelling and is not subject to the Uniform Dwelling Code. (Definition pursuant to Wis. Admin. Code § Comm 20.07.)

Manufactured home is a structure, transportable in one or more sections, that in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and that 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 therein. This term includes all structures that meet the above requirements, except the size requirements, and for which the manufacturer voluntarily files a certification pursuant to 24 CFR 3282.13 and complies with the standards set forth in 24 CFR 3280. (Definition pursuant to Wis. Admin. Code § Comm 27.30(3).)

Mobile home means a manufactured unit which is or was as originally constructed designed to be transported by a motor vehicle upon a public highway on its own wheels, and is designed, equipped and used primarily for permanent, longterm sleeping, eating and living quarters or is intended to be so used, and includes all additions, attachments, annexes, foundations and appurtenances, and arrives at the site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations or connection to external water and sewer services. This definition is not intended to include those vehicles less than eight feet by 35 feet intended primarily for nonpermanent, recreational use as camper trailers or pickup campers.

Motel means a series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.

Motor freight terminal means a building or area in which freight brought by motor truck is assembled or stored or both for routing in intrastate and interstate shipment by motor truck.

Motor homes, camper trailers, pickup campers, recreational vehicles means and includes the following:

(1)

A vehicular, portable unit built on a chassis, designed as a temporary living unit for travel, recreation and vacation, having a body width not exceeding eight feet and body length not exceeding 35 feet.

(2)

A living unit designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

(3)

A portable, temporary living unit to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

(4)

A canvas folding unit mounted on wheels and designed for travel, recreation and vacation use.

Motor vehicle means any self-propelled land vehicle which can be used for towing or transporting people or materials, including but not limited to automobiles, trucks, buses, motorized campers, motorcycles, motor scooters, and tractors.

Nit means the term used to describe a metric unit of luminance. It is defined as candela per square meter (cd/m2). The unit is based on the candela, the modern metric unit of luminous intensity; and the square meter.

Nonconforming building or structure means any building or structure which:

(1)

Does not comply with all of the regulations of this chapter or of any amendment governing bulk for the zoning district in which such building or structure is located; or

(2)

Is designed or intended for a nonconforming use.

Nonconforming use means any use of land, buildings or structures which does not comply with all of the regulations of this chapter or of any amendment governing use for the zoning district in which such use is located.

Nursery means any building, lot or portion thereof used for the cultivation or growing of plants and including all accessory buildings.

Nursery school means any building used routinely for the daytime care and education of preschool-age children and including all accessory buildings and play areas, other than the child's own home or the homes of relatives or guardians.

Parking area, semi-public means an open area, other than a street, alley or place, used for temporary parking of more than four self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

Parking pad means an improved surface which is not a driveway or drive apron, connected to a driveway upon which vehicles are parked.

Parking space means an off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area nine feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

Place means an open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.

Planned development means a tract of land which contains or will contain two or more principal buildings developed under single ownership or control, the development of which is unique and of a substantially different character than that of the surrounding areas.

Planned unit development means a tract of land developed under single ownership or unified control, which includes one or more principal buildings or uses and is processed under the planned unit development provisions of this zoning code.

Professional home office means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professionals used to conduct their professions where the office does not exceed one-half of the area on only one floor of the residence and only one nonresident person is employed.

Property lines means the lines bounding a zoning lot.

Property survey. Property lines that have been determined and defined by a Wisconsin professional land surveyor, marked on the ground by monuments at the property corners and delineated on a signed and sealed map using minimum standards as defined by AE-7 of the Wisconsin Administrative Code.

Public way means any sidewalk, street, alley, highway or other public thoroughfare.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.

Recreational vehicle means a vehicle primarily used for leisure activities, including but not limited to all-terrain vehicles, boats, with or without trailers, camping trailers, jet skis, motor home, utility trailers, snow mobiles, and like motorized and non-motorized vehicles.

Residential work quarters means one or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for business owners actually engaged in the principal uses of a commercial property. Such users are clearly subordinate to the principle use of the property and may contain a kitchen, dining area, bathroom, living area, sleeping area, and laundry facilities.

School, commercial means a school limited to special instruction, such as business, art, music, trades, handcrafts, dancing or riding.

School, private means an elementary or intermediate school, other than a parochial school, giving regular instruction capable of meeting the requirement of state compulsory education laws and approved as such and operating at least five days a week for a normal school year, supported by other than public funds, but not including:

(1)

A school for the mentally handicapped.

(2)

A college or other institution of higher learning.

Screens means barriers located in a limited space (ten feet or less) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a yearround screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property upon which the screen is located, and any plant materials which die shall be replaced within six months of the date of death.

Signs means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between such floor and ceiling above it.

Story, half means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.

Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of standards of this chapter.

Use, conditional means a use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts. After due consideration in each case of the impact of such use upon neighboring land and of the public need for the particular location, such conditional use may or may not be granted.

Use, permitted means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.

Use, principal means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.

Vending machine means a retail business device, electrically or manually operated, used by the general public to obtain dairy products, foodstuffs or other merchandise without entering a public shop, store, market or other such building.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted. The front and rear yards extend the full width of the lot.

Yard, corner side means a side yard which adjoins a public street.

Yard, front means a yard extending along the full length of the front lot line between the side lot lines.

Yard, interior side means a side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.

Yard, rear means a yard extending along the full length of the rear lot line between the side lot lines.

Yard, side means a yard extending along a side lot line from the front yard to the rear yard.

Yard, transitional means that yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residence district or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residence or business district.

Zero lot line, means a lot created with no side yard setback on one side of the lot to create a shared building envelope between two lots sharing a single structure. The shared building envelope shall only be used to build or divide a duplex where the common wall between the two lots is built, or determined to be, the common boundary line between the two separate attached single-single family lots. Zero lot line land divisions require city approval of a certified survey map.

Zoning district means an area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

(Code 1993, § 17.19; Ord. No. 2007-09-08-C, § 1, 9-10-2007; Ord. No. 2014-09-10-D, § 1, 9-9-2014; Ord. No. 2014-11-11-D, § 1, 11-18-2014; Ord. No. 2017-12-17-D, § 1, 12-12-2017; Ord. No. 2020-10-13-D, § 1, 10-13-2020; Ord. No. 2022-03-7-D, § 1, 3-15-2022; Ord. No. 2022-05-14-D, § 1, 5-17-2022)