Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this article shall have the meaning indicated when used in this chapter.

"Accessory use or building." A use or building on the same lot with and of a nature customarily incident and subordinate to those of the main use or building.

"Adjacent." Having a common border or being separated from such a common border by a right-of-way, alley or easement; abutting.

"Alley." Any public or private way affording a secondary means of access to abutting property.

"Alterations." Any change, addition, or modification in construction or type or occupancy and change in the structural members of a building such as walls or partitions, columns, beams, or girders. This definition includes the enlargement of a building or structure whether by extending a side or increasing the height.

"Apartment." A suite of rooms or a room in a multifamily building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

"Automobile repair facility." A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.

"Automobile service stations." A place where gasoline, or any other automobile engine fuel, stored only in underground tanks, kerosene, or motor oil, lubricants, or grease, for operation of motor vehicles, are retailed directly to the public on the premises including the sale of minor accessories and the servicing and minor repair of automobiles.

"Basement." That portion of a building which is partly or entirely below grade.

"Bed and breakfast." An owner-occupied dwelling unit having not more than five bedrooms used to provide transient lodging accommodations to the public as a commercial use.

"Bedroom." The term includes any room used principally for sleeping purposes, as an all-purpose room, a study or a den.

"Buffer area." A strip of land established to protect one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space use.

"Building." Any structure used or intended for supporting or sheltering any use or occupancy. To determine the number of buildings on a zoning lot, each building shall be considered a separate building when they are not joined by a common wall, roof, ceiling and floor assemblies.

"Building height." The vertical distance measured from the established grade to the highest point of the roof building. Where a building is located on sloping terrain the height may be measured from the average ground level of the grade at the building wall.

"Building line." (See "Setback.")

"Building, principal." A building or structure in which a principal use is conducted.

"Building, nonconforming." A building or portion thereof lawfully existing on or before the date of the ordinance codified in this chapter or amendments thereto, and that does not conform to the conditions, area requirements, lot width requirements, yard requirements, height limitation, bulk regulations or off-street parking and loading requirements of the zoning district in which said building is located by reason of the adoption or amendment of said ordinance.

"Car wash." A building, structure or portion thereof containing facilities for washing motor vehicles.

"Church." An institution that people regularly attend to participate in or hold religious services, meetings and other related activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

"Clinic." An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professionals.

"Club." An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like but not operated for profit.

"Community residence." A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.

"Comprehensive plan." A document containing both written and graphic information concerning the future development of the city and its environs. It is an officially adopted policy guide for locating land uses and other community development issues.

"Conditional uses." Uses which will be permitted in specified zoning districts only after a public hearing before the PZC and the approval of the city council in accordance with the provisions of Section 150.18 (Procedures for Variances, Map Amendments, and Conditional Uses).

"Conditional use permit." A permit issued by the PZC to allow certain specific developments that would not otherwise be allowed in that particular zoning district where the land is located. These permits are issued only after the applicant has followed the procedures as stated in this code. Development under a conditional use permit differs from a zoning change in that it is much more specific. The applicant submits plans and if approved, must follow those plans exactly or reapply for a permit before deviating from the plan, whereas, if given a zoning change, the applicant can then proceed to develop whatever he/she wishes to, subject only to the provisions of the new zone district designation.

"Condominium." An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

"Day care center." A facility which exclusively provides supplemental parental care and supervision, recreation and/or educational instruction to children or adults during the entire or any portion of the day.

"Density." The number of dwelling units per net acre of land. Net acreage is defined as the site area less all land allocated to street rights-of-way.

"District, zoning." A portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

"Dwelling." A building, structure or a portion thereof designed exclusively for residential occupancy, including single-family detached dwellings, two-family dwellings, duplexes, single-family attached dwellings and multiple-family dwellings.

"Dwelling, multiple-family." A building, structure or portion thereof containing three or more dwelling units where the units are primarily connected vertically.

"Dwelling, single-family attached." A building, structure or portion thereof containing three or more attached single-family dwellings where the units are primarily connected horizontally and are not more than two dwelling units deep.

"Dwelling, single-family detached." A building or structure containing one dwelling unit which is entirely surrounded by open space, but not including mobile homes.

"Dwelling, two-family." A detached or semidetached building or structure containing two dwelling units designed for and occupied by two families.

"Dwelling unit." A room or group of rooms forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking and/or eating.

"Family." Two or more persons related to each other by blood, marriage, adoption or other means of legal custody, plus not more than two unrelated lodgers or guests, living together as a single housekeeping unit in a dwelling unit.

"Farming." The use of land for agricultural purposes, including agriculture, floriculture, forestry, grazing of dairy animals, greenhouses, hatcheries, horticulture, nurseries, orchards, paddocks, truck farming, viticulture, and raising of fur-bearing animals and poultry.

"Floor area." For the purpose of computing the minimum allowable floor area in a building or structure, the sum of the horizontal areas of each story of the building shall be measured from the interior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breeze-ways, and enclosed and unenclosed porches, except basement areas designated and used for dwelling or business purposes.

"Floor area ratio (FAR)." The gross floor area of the building or buildings on a lot divided by the area of the lot.

"Garage, parking (parking structure)." A building designed and used for the storage or four or more vehicles. Such a building may be operated as a business enterprise or as a public service, with or without charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

"Garage, private." An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory. Facilities for mechanical service or repair of a commercial or public nature are prohibited.

"Garage, service." (See "Automobile repair facility.")

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

"Home occupation." An accessory use of a dwelling unit which is utilized for gainful employment involving the manufacture, provision or sale of commodities and/or services by a member of the family who is residing in the dwelling unit in which the home occupation is being conducted. Such use is clearly incidental and secondary to the residential dwelling unit in which it is located and does not alter the exterior of the building or lot or affect the residential character of the neighborhood.

"Hotel." A facility offering transient lodging accommodations at a daily rate to the public and providing additional services, such as, meeting rooms, and recreational facilities.

"Junkyard." A parcel of land on which waste material or inoperative vehicles and other machinery are collected, stored, salvaged or sold.

"Kennel." Any dwelling unit or a nonresidential building, structure, parcel of land or portion thereof in which four or more dogs, cats or other household domestic animals are maintained, boarded, bred, cared for or kept for the purpose of sale, but not including veterinary care or treatment.

"Loading space." An off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

"Lot area." The total area circumscribed by the boundaries of a lot.

"Lot, corner." A lot of which at least two adjacent sides abut for their full lengths upon street rights-of-way. The point of intersection of the right-of-way lines is the corner. For the purpose of establishing of building setbacks, a corner lot is determined to have two front yards.

"Lot depth." The average horizontal distance between the front lot line and the rear lot line measured along the side lot lines.

"Lot, flag." A lot with access provided to the bulk of the lot by a narrow corridor of property.

"Lot line." A line dividing one lot from another, or from a street or any public place.

"Lot line, front." In the case of an interior lot, is that line separating the lot from the street. In the case of a corner lot or double frontage lot, is that line separating the lot from either street. In the case of a flag lot, is that line most parallel to and nearest the street providing access.

"Lot line, rear." The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three sides will not have a rear lot line.

"Lot line, side." Any lot line other than the front or rear lot line.

"Lot of record." A lot which is part of a subdivision or a parcel of land whose boundaries have been established by some legal instrument, and is shown on a map or plat thereof. A "lot of record" may or may not coincide with a zoning lot.

"Lot, through." Any interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of the lots adjacent to streets shall be considered frontages. Front yards shall be provided as required.

"Lot width." The horizontal distance between the side lot lines, measured at the front lot line.

"Lot, zoning." A single tract (or combination of tracts) of land located within a single block, which (by filing and recording an affidavit for the use of more than one lot at the time of application for a building permit) is designated by the owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot or lots may or may not coincide with a "lot of record."

"Mezzanine." An intermediate floor in any story occupying not to exceed one-third of the floor area of the story.

"Mobile home." Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways, and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

"Mobile home park." Any parcel or parcels, under single ownership or control, with spaces designated for long-term residential use and intended for rent or lease where the residences are comprised of mobile homes.

"Motel." A series of attached, semidetached, or detached guest rooms or suites for the accommodation primarily of automobile transient guests which does not include individual cooking or kitchen facilities and which provides the unit with convenient access to off-street parking spaces for the exclusive use of guests or occupants of the premises.

"Nonconforming lot." A lot of record existing at the effective date of the ordinance codified in this chapter, or amendment thereto, (and not created for evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which it is located.

"Nonconforming situation." A situation that occurs when, on the effective date of the ordinance codified in this chapter, or amendment thereto, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. A nonconforming situation may arise because a lot does not meet minimum size requirements, exceeds maximum height limitations, violates bulk and density requirements, or because land or buildings are used for purposes made unlawful by this chapter.

"Nonconforming use." A use which lawfully occupied a building or land on or before the date of the ordinance codified in this chapter or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

"Nursery, plant material." A space, building, or structure, or combination thereof for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. Nursery does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees.

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

"Open space." An area that provides light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but not be limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and water courses. Open space shall not include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

"Parking lot, off street." An area not within a building where motor vehicles may be stored for temporary, daily or overnight off-street parking.

"Parking space, off street." An area on a lot and/or within a parking structure intended for the use of temporary parking of a personal vehicle.

"Parking structure." (See "Garage, parking.")

"Pilot plant." A building or structure used for the testing of commercial or industrial processes and products and for the manufacturing or products for testing purposes.

"Public or private utility." Any person, firm, corporation, municipal department, board, or commission duly authorized to furnish and furnishing under state or municipal regulations to the public gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.

"Recycling center." A facility that is not a junkyard and which recoverable resources such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed or bundled within a completely enclosed building.

"Restaurant." An establishment whose principal business is the selling of unpackaged food to the customer in a ready to consume state, where the customer consumes these foods while seated at tables or counters located within the building or at supplemental outdoor seating areas.

"Restaurant, drive-through." A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to either serve patrons while in the motor vehicle or else intended to permit consumption in the motor vehicle of food or beverage obtained by a patron from the business establishment.

"Right-of-way." Any existing or dedicated sidewalk, street, alley, highway or other thoroughfare.

"Screening." The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms or other features.

"Self-service storage facility." A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customer's goods.

"Setback (building line)." The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the related front, side or rear lot line.

"Site coverage." The part or percent of the lot occupied by buildings, including accessory buildings.

"Stable, private." A stable for the keeping of horses for the use of the residence of the principal use and shall not include the keeping of horses for others or for commercial boarding and with a capacity for not more than two horses. However, the capacity of a private stable may be increased if the lot on which the stable is located contains at least one acre of land for each additional horse stabled thereon.

"Stable, public." A stable other than a private stable with a capacity for more than two horses and carried on within a tract of land of not less than 40 acres.

"Story." That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above.

"Story, half." That portion of a building or structure under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of each story.

"Street." A public thoroughfare which affords the principal means of access to abutting property.

"Structure." Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having location on the ground. The term "structure" is intended to include, but not be limited to buildings, fences, parking lots, concrete or asphalt slabs, decks and patios.

"Townhouse." (See "dwelling, single-family attached").

"Use." The purpose or activity for which the land or building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained.

"Use, permitted." A use which may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations and standards of such zoning district.

"Use, principal." The principal use to which the premises are devoted and the principal purpose for which the premises exist.

"Variance." A waiver of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship.

"Yard." The open space on the same lot with a main building unoccupied and unobstructed from the ground upward, except as otherwise provided in this code and as defined herein.

"Yard, front." An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

"Yard, rear." An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

"Yard, side." An open space between a main building and the side lot line extending from the front yard to the rear yard the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.

(Ord. 1324, passed 1-4-00)