§ 137-4. Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Access means the way by which pedestrians or vehicles shall have adequate and suitable ingress and egress to and from a land use.

Accessory building or use .

(1)

The term "accessory building or use" means one which:

a.

Is subordinate to and serves a principal building or principal use;

b.

Is subordinate in area, extent, or purpose to the principal building or principal use served;

c.

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and

d.

Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

(2)

The term "accessory building" or "accessory use" includes, but is not limited to:

a.

A children's playhouse, garden house, gazebo, private greenhouse, and doghouse.

b.

A garage, shed, or building for domestic storage.

c.

Incinerators.

d.

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless that storage is prohibited by the district regulations.

e.

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with those activities, unless that storage is prohibited by the district regulations.

f.

A nonpaying guesthouse or rooms for guests within an accessory building, if those facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units.

g.

Servants' quarters if part of an accessory garage, and solely for occupancy by a servant or household employee of the occupants of the principal dwelling, and the family of that servant or employee.

h.

Off-street motor vehicle parking areas, and loading and unloading facilities.

i.

Signs, other than advertising signs as permitted and regulated in each district incorporated in this chapter.

j.

Carports.

k.

Boathouse, if not more than ten feet high as measured from normal water level.

l.

Swimming pool, if private, being incidental to use by the owner and guests.

m.

Public utility communication, electric, gas, water, and sewer lines, their supports and incidental equipment.

n.

Athletic courts such as volleyball, softball, tennis, badminton and horseshoe.

o.

Wood decks if detached from the principal building.

p.

Antennas, including, but not limited to, AM, FM, UHF, VHF, CB, HAM, microwave, satellite dish, and all devices used for the reception of electronic communications of whatever nature.

q.

Amateur radio antennas.

Adult bookstore means any establishment having as a substantial or significant portion of its stock in trade books, magazines, other periodicals, videotapes, or motion pictures which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale, rental, or display of such material.

Adult business means and includes the following:

(1)

Adult bookstore;

(2)

Adult mini motion picture theater;

(3)

Adult motion picture theater; and

(4)

Class B cabaret.

Adult care home means the legal residence of a person in which accommodation, board, care, supervision, instruction, and/or maintenance of adult people unrelated by blood or marriage to the owner of the residence is provided for any part of the day for two or more consecutive weeks; provided, however, that the number of adults so provided for does not exceed four; and the number of people employed on the premises, by the adult care home, shall not exceed one at any one specific time. All adult care homes shall be inspected annually by the fire department, building department, and health department for fire, structural, and health safety. The owner of an adult care home, upon passing inspections by the fire, building, and health departments, shall be registered and licensed by the controller's office. The city licensing fee of $75.00 shall be paid to the office of the city controller. Fees charged by the health department shall be paid directly to the health department.

Adult day care center means a commercial facility, other than an adult care home, which is used by a person to provide care and maintenance of adults, other than their own family for a part of the day for two or more consecutive weeks.

Adult mini motion picture theater means an enclosed building with a capacity of 150 or less persons, and predominantly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of more than 150 persons, and predominantly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Alley means a public right-of-way which affords only secondary means of vehicular access to abutting property, and which is not over 20 feet in width.

Amateur radio antennas means any system of electrical conductors designed to receive and transmit on amateur radio frequencies as described by the Federal Communications Commission.

Amusement device means any mechanical or electrical device, which upon insertion of money, token slug, plate, disc or coin may be operated for use as a game, contests of skill or amusement, whether or not registering a score and which is neither a gambling device nor a device which tends to encourage gambling. This definition shall include, but not be limited to electronic video games, football game machines, basketball game machines, bowling game machines, shuffleboard game machines, card game machines, skill ball game machines, marble game machines, mechanical grab machines, or devices similar thereto under whatever game they may be indicated. This definition does not include jukeboxes, public telephones, or machines that sell consumable merchandise.

Antenna means any system of electrical conductors designed to receive communications from a broadcasting transmitter, transmitter relay, or a transmitter relay located in planetary orbit.

Apartment means a suite of rooms in a two-family dwelling, duplex, apartment complex, apartment house, or commercial building, in which each suite is arranged, intended, and designed to be occupied as a residence of a single family or individual, and which has only one complete kitchen and at least one complete bathroom.

Apartment complex means two or more apartment houses which are built on the same parcel of land.

Apartment house means a building or structure arranged, intended, and designed to be occupied by three or more families living independently of each other, and each including its own separate kitchen and bathroom accommodations. Rowhouses shall be considered as an apartment house.

Assembly hall means a building or portion of a building used for the gathering together of 50 or more persons for such purposes as entertainment, amusement, drinking or dining. Assembly halls include, but are not limited to, auditoriums, clubs, lodges, community centers, gymnasiums, and places of worship.

Automobile body shop means a facility which provides collision repair services, including body frame straightening, replacement of damaged parts and painting.

Automobile detailing means a facility which provides automobile-related services such as applying paint protectors, interior and exterior cleaning and polishing as well as the installation of after-market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items. Engine degreasing or similar automobile cleaning services shall not be included under this definition.

Automobile maintenance facility (quick service) means a facility which provides engine tune-ups and servicing of brakes, air conditioning, exhaust systems, oil change or lubrication; wheel alignment or balancing; or similar servicing, rebuilding or repairs that normally do not require significant disassembly of automobiles or the overnight storage of automobiles.

Automobile service shop means a facility which provides general repair, rebuilding or reconstruction of engines, motor vehicles or trailers, collision services including body, frame, or fender straightening or repair, overall painting or paint shop, steam cleaning or detailing.

Awning means a rooflike cover which projects from the wall of a building.

Balcony means a raised, railed platform projecting from the wall of a building.

Basement means a portion of the building located below the main story, partly underground, but having more than half of its clear floor to ceiling height below the average grade of the adjoining ground. A basement shall not be counted as a story for the purpose of height regulations.

Bed and breakfast means a dwelling providing lodging with meals, and having accommodations for less than 25 guests.

Best practical technology means the best practical technology as defined by the state department of environmental management and/or the Environmental Protection Agency.

Beverage shop means a retail store which sells packaged alcoholic or packaged nonalcoholic beverages.

Block means a tract of land bounded by any combination of the following:

(1)

Streets.

(2)

Railroad rights-of-way, when located at or above ground level, but not including sidings or spurs in the same ownership as the zoning lot.

(3)

Corporate boundary lines.

(4)

Major natural features such as a river or lake.

Board of zoning appeals means the board of zoning appeals of the city.

Boiling point means the boiling point of a liquid at a pressure of 14.7 psia (pounds per square inch absolute) and as defined in the state fire prevention code, as may be amended from time to time.

Branding establishment means any room or space where strike or draw branding is performed for compensation. Strike branding means a placement in, upon or under the skin of any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of a steel or sheet metal pattern that is warmed, then struck against the skin. Draw branding means a placement in, upon or under the skin of any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of steel surgical wire that is warmed and then used to draw upon the skin.

Buffer means an opaque fence, wall, earthen berm, or dense landscaping that moderates possible adverse impacts between two differing land uses.

Building means any structure designed or intended for the shelter, support, or enclosure of persons, animals, or property of any kind. When separated by party walls, without openings, from the ground up, each portion of a building, so separated, shall be deemed a separate building.

Building area means that portion of a lot remaining after required setbacks have been provided.

Building, attached, means a building which has any part of its exterior or bearing wall in common with another building or which is connected to another building by a roof.

Building height means the vertical distance measured from the established grade opposite the middle of the front wall of the building to the highest point of the roof. Whenever a building is located upon a terrace or slope, height may be measured from the average grade level of the building wall.

Building permit means a permit issued by the building commissioner or his designated representative for the erection or alteration of a building or structure.

Bulk storage tanks means storage tanks used for dispensing of flammable or combustible liquids or gases into smaller containers or for use in industrial processes and distributed to the process by closed circuit piping. Storage and use of fuel oil tanks and containers connected with oil-burning equipment as defined in the state fire prevention code are exempt.

Business means engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services.

Business school means a privately-owned school, not conducted by or under the sponsorship of a charitable organization, which teaches secretarial, bookkeeping, accounting, or other similar office or clerical skills.

Cabaret.

(1)

Class A means any establishment, not including a class B cabaret, where persons congregate for the purpose of eating, drinking, dancing, or singing, and where musical or live entertainment is provided.

(2)

Class B means any cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

Campground means any tract of land used, designed, or designated to accommodate two or more camping parties, including cabins, tents, recreational vehicles, campers, or travel trailers.

Canopy means a rooflike cover which projects from the wall of a building.

Carport means a roofed structure designed and intended to shelter motor vehicles on residential property, with at least one of the four sides open to the weather.

Cellar means a portion of the building located below the main story, partly underground, but having more than half of its clear floor to ceiling height below the average grade of the adjoining ground. A cellar shall not be counted as a story for the purpose of height regulations.

Certificate of occupancy means a certificate issued by the building commissioner or his designated representative, authorizing occupancy of buildings or land under this chapter.

Child care home means a residential structure in which at least six children, not including the children for whom the provider is a parent, stepparent, guardian, custodian or other relative, at any time receive child care from a provider:

(1)

While unattended by a parent, legal guardian or custodian;

(2)

For regular compensation; and

(3)

For more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays.

A child care home shall be allowed any combination of up to 16 fulltime and parttime children at any one time. A child for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian or other relative, and is at least seven years of age, shall not be counted in determining whether the child care home is within the limit set forth in this definition.

Clinic for humans means a professional or medical office serving outpatients, and dealing with human physical, emotional, or psychological problems.

Clinic, medical, dental, or optical. See Clinic for humans.

Combustible liquid means a liquid having a flash point at or above 100 degrees Fahrenheit and as set forth in the state fire prevention code, as may be amended from time to time.

Commercial means engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services.

Commercial storage means the storage of goods or materials for sale in a business located on the premises.

Commission means the plan commission of the city.

Community center. See Community recreational building.

Community recreational building means a building built to the commercial building codes, which includes one or more of the following facilities: meeting rooms, recreation rooms, dining rooms, kitchen facilities, or day nurseries; all for the common use of the residents of the development.

Comprehensive car care center means a building which shall be fully enclosed and include full-service carwash, detailing, and lube/oil change combined under one contiguous roof with all washing, drying, detailing and lube/oil change performed inside the fully enclosed building. The facility is to consist of no less than 1.5 acres of land and at least 50 spaces of vehicle queuing before the carwash entrance. The carwash conveyor is to begin and end no closer than 40 feet from the inside of the entrance and exit doors of the facility so as to avoid unattractive display of washing and drying equipment and to assure appearance quality.

Comprehensive plan means a composite, or portion thereof, of the written and mapped proposals and recommendations relative to the growth and development of the city as adopted by ordinance of the common council.

Compressed gas means gas or mixture of gases or liquids as defined in the state fire prevention code, as may be amended from time to time.

Controlled uses means those uses of property which are recognized as having serious objectionable characteristics, particularly when several of them are concentrated, thereby having a deleterious effect upon the adjacent areas; and shall include the following:

(1)

Adult book store;

(2)

Adult motion picture theater;

(3)

Adult mini motion picture theater;

(4)

Class A cabaret;

(5)

Class B cabaret;

(6)

Establishment for the sale of beer or intoxicating liquor for consumption on the premises;

(7)

Pawnshop; and

(8)

Public dance hall.

Cul-de-sac means a street having one open end and being permanently terminated by a vehicle turnaround.

Curb means a structure located on either edge of the roadway, but within the right-of-way line, which is designed to channel stormwater to drainage inlets.

Curb cut means a lowered curb level which allows motorized vehicular ingress to, and egress from, property.

Day care center means a commercial facility, other than a child care home, which is run by a person licensed by a department of the state to provide care and maintenance for any number of children, other than the person's own children and the children of close relatives, for a part of the day for two or more consecutive days.

Development plan means a specific final site plan for the development of real property and approved in accordance with section 137-35 final site plan approval, as may be amended from time to time.

District means a section of the city for which uniform regulations governing the use, height, area, size, bulk, and density of buildings and land are herein established.

Drive-in restaurant means any establishment designed, constructed, altered, or used for the primary purpose of catering to those persons driving autos, where provisions are made for customers to drive across curb or sidewalk lines so as to be served food and beverages for consumption while seated in the auto on the drive-in restaurant premises. Inside restaurant facilities may be provided by drive-in restaurants.

Drive-through restaurant means any establishment wholly or partially designed, constructed, altered, or used for the purpose of catering to those persons driving automobiles, where provisions are made for customers to drive across curb or sidewalk lines so as to order and be served food or beverages while seated in the automobile; consumption takes place in the automobile on the drive-through restaurant premises or off the premises. Inside restaurant facilities may be provided by drive-through restaurants.

Dwelling means any building or portion thereof which is designed or used exclusively for residential purposes.

Dwelling, duplex, means a building designed for occupancy by no more than two families, in which separate living quarters are arranged side by side.

Dwelling, multiple, means an apartment house designed for occupancy by more than two families.

Dwelling, single-family, means a building designed for occupancy by no more than one family.

Dwelling, two-family, means an apartment house designed for occupancy by no more than two families, in which separate living quarters are arranged one over the other.

Easement means a portion or strip of land which is part of a lot or parcel, but which has been reserved for a specific use for access for persons, utilities, or services.

Erected means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises required for the construction. Excavation, fill, drainage, and the like shall be considered a part of erection.

Family means one or more persons living in the same housekeeping accommodations. The term "family" also means one or more individuals occupying premises as a single household with single kitchen accommodations.

Fence means a structure partially or completely surrounding a part of or the whole of a lot, which is intended to prevent intrusion from without and straying from within the area controlled.

Filling station means a building or other structure used primarily for the storage and sale of gasoline or other motor fuels, and for any uses accessory thereto.

(1)

The sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles, or the washing of motor vehicles are permitted accessory uses.

(2)

A public parking lot or public parking garage is not a permitted accessory use.

(3)

Uses permitted at a filling station do not include motor vehicle sales, major mechanical or body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in automotive service stations.

(4)

An automotive service station is not a body shop.

(5)

Aboveground storage tanks containing flammable liquids, LP gas and compressed gases for use as motor vehicle fuel and for uses other than motor vehicle fuels are permitted when constructed, installed and dispensed in accordance with the state fire prevention code and/or the National Fire Code, as may be amended from time to time.

Fire department means the fire department of the city.

Fixture means the assembly that houses the lamp or lamps, and can include all or some of the following parts: housing, mounting bracket or pole socket, lamp holder, ballast, reflector or mirror and/or refractor of lens.

Flammable liquid means any liquid having a flash point at or above 100 degrees Fahrenheit and as subdivided in the state fire prevention code, as may be amended from time to time.

Flash point means the minimum temperature at which a liquid gives off vapors in sufficient concentrations for an ignitable mixture with air near the surface of the liquid and as defined in the state fire prevention code, as may be amended from time to time.

Flood area ratio means the floor area of a building on a zoning lot divided by the area of the zoning lot, or, in the case of a planned unit development, by the net site area. The floor area ratio requirements set forth in each zoning district shall determine the maximum floor area allowable for the building.

Floodplain means land subject to inundation by the maximum flood of reasonable regional expectancy (100-year flood) as determined by the state department of natural resources, division of water.

Floodway means the channel of a river or stream and those portions of the floodplain which are reasonably required to efficiently carry and discharge the floodwater of the river or stream, so designated by the Federal Insurance Administration.

Floodway fringe means that portion of a flood hazard area outside the limits of the floodway, so designated by the Federal Insurance Administration.

Fraternity, sorority means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning, and when regulated by the institution.

Freestanding sign means any permanently installed sign which is supported wholly by a foundation, uprights, braces, or poles in the ground.

Frontage means, in the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, the line separating the narrowest street frontage dimension from the street.

Game arcade means any establishment, owned and/or operated by a person, in which the principal business is to provide a location for the operation of amusement devices.

Garage, commercial, means any building or premises, except those defined herein as a private garage, used for the storage or servicing of vehicles.

Garage, private, means an accessory building which is no greater than 24 feet by 30 feet and 720 square feet, which is used for storage of automobiles, and has at least one automobile access door.

Garage sale. See Rummage sales, private and Rummage sales, public.

Gas bulk storage and wholesale distributing means bulk storage tanks of flammable and combustible liquids, compressed gases or liquefied petroleum gas (LP gas) for business use, retail sale, wholesale, and/or wholesale distributing; and which tanks shall be installed in accordance with the state fire prevention code and/or the National Fire Code, as may be amended from time to time.

Glare means light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme cases to cause momentary blindness.

Grade, established, means the elevation of a street grade in front of a property as fixed by the city engineer.

Greenbelt or buffer strip means a strip of land of definite width and location reserved for the planting of shrubs or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.

Gross floor area means the sum of the gross horizontal areas of all the floors of all buildings on the lot, measured from the exterior walls or from the centerline of walls separating the buildings, including any area used for residential, commercial, or industrial purposes, but not including a basement or portion of a basement used for storage or housing of mechanical or central heating or air conditioning equipment, unfinished attics, garages, outside balconies, or any floor area within a building which is used for off-street parking.

Gross weight means the net weight of a vehicle plus the net design cargo weight from the manufacturer's specifications for the vehicle.

Group home means a residential facility licensed by a department of the state that provides residential services for not more than eight developmentally-disabled persons, and such staff, not to exceed two at any one time, as are necessary to adequately manage the home.

Half story means a story which is situated in a sloping roof; or a basement in which half of the vertical distance is below the established grade.

Hardwood trees includes oak, walnut, ash, hickory, beech, hard maple, sycamore, and birch trees.

Health facility.

(1)

The term "health facility" means any building, structure, institution, or other place for the reception, accommodation, board, care, or treatment extending beyond a continuous 24-hour period in any week of five or more individuals in need or desire of such services by reason of physical or mental illness, infirmity, or impairment.

(2)

For purposes of this chapter, the terms "health facility" and "adult care home" do not include the following uses:

a.

In the case of reception and accommodation, board, care or treatment in a household or family, for compensation, of a person related by blood to the head of household or family (or to the spouse of the head of household or family) within the degree of consanguinity of first cousins, the premises in which the person received, boarded, accommodated, cared for, or treated do not constitute a health facility;

b.

Hotels or motels when used as such;

c.

Hospitals;

d.

Day care centers; and

e.

Residential facility for the developmentally disabled.

Height of building means the vertical distance, measured from the established grade opposite the middle of the front wall of the building to the highest point of the roof. Whenever a building is located upon a terrace or slope, height may be measured from the average grade level of the building wall.

Historic review board means the historic review board of the city.

Home occupation means an occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a nameplate of no more than one square foot in area that is flush-mounted to an outside wall. A home occupation is one in which no commodity is stored or sold on the premises; no person is employed there other than a member of the immediate family residing on the premises; and no mechanical equipment is used, except such as is permissible for purely domestic or household purposes. A residential building shall not be structurally altered or physically altered in order to accommodate a home occupation. The exterior of a residential building shall not be painted, structurally altered, or physically altered to indicate from the exterior that the building is being utilized for any purpose other than that of a residential dwelling.

Hospital means a facility in which patients are rendered medical or surgical care on an episodic basis with the standard provision of continuous 24-hour medical care on an inpatient basis.

Hospital, animal, means a medical facility for the treatment of domestic animals and birds. For purposes of this chapter, an animal hospital shall also be considered a veterinary clinic.

Hotel means a building designed or occupied as a temporary abode and where lodging is provided with or without meals for 25 or more guests; a building in which lodging is provided and offered to the public for compensation and which is open to transient guests.

Improvement location permit means a permit issued by the city planner or his designated representative stating that the proposed erection, construction, enlargement, or moving of a building or structure referred to therein complies with the provisions of this chapter.

Indirect light means direct light that has been reflected or has scattered off other surfaces.

Indoor shooting gallery means a building open to the general public wherein the shooting of firearms is permitted for the practice of marksmanship, except indoor shooting galleries maintained or operated by any police department, which are not available to the general public.

Industry means any use in which the major activity is the treatment, processing, rebuilding, repairing, or bulk storage of material, products, or items, and where the finished product is not acquired by the ultimate user on the premises.

Institution means a building or premises occupied by a nonprofit corporation or a nonprofit establishment for public use.

Kennel means any lot or premises on which four or more animals, at least four months of age, are kept.

Lamp means the component of a luminaire that produces the actual light.

Light trespass means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Liquefied petroleum gas (LP gas) means any material which is composed predominantly of the following hydrocarbons or mixture of the following hydrocarbons: propane, propylene, butane (normal butane or isobutane) and butylenes.

Loading space, off-street, means space logically and conveniently located for both pick-ups and deliveries, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.

Lot means a parcel of land occupied or suitable for occupancy by one main building or use, together with its accessory buildings or uses, and including the open spaces required under these regulations. A lot shall be held under common ownership and shall be so recorded in the office of the county recorder. A lot may include contiguous parts of lots or a combination of more than one lot when contiguous to one another and used as one parcel. Open spaces necessary for compliance with these regulations for one building or use shall not be again counted as open space required for any other building or use. The word "lot" includes the words "parcel" and "tract."

Lot, corner, means a lot at the junction of two streets.

Lot depth means the mean horizontal difference between the front and rear lot lines.

Lot, interior, means a lot with frontage on one street.

Lot line means the property boundary lines of a lot. (See diagrams in the appendix to this chapter.).

Lot line, exterior side, means a lot line which is perpendicular or approximately perpendicular to the front lot line, which separates the longest street frontage dimension of a corner lot from the street.

Lot line, front, means, in the case of an interior lot, a lot line separating the lot from the street; and in the case of a corner lot, the lot line separating the narrowest street frontage of a lot from the street.

Lot line, interior side, means a lot line which is perpendicular or approximately perpendicular to the front lot line, which separates two lots.

Lot line, rear, means a lot which is opposite and most distant from the front lot line, and in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.

Lot of record no. means a lot which is a part of a subdivision, the map or plat of the subdivision having been recorded in the office of the county recorder, for which a deed has been recorded in the office of the county recorder.

Lot, through, means a lot having frontage on two parallel or two approximately parallel streets.

Luminaire means a complete lighting system and includes a lamp and a fixture.

Manufactured home means a residential dwelling unit which is fabricated in one or more modules at a location other than the homesite, by assembly-line type production techniques.

(1)

Manufactured home, type I. A manufactured home which is more than 23 feet wide, at least 950 square feet of occupied area, is installed on a permanent masonry foundation, meets the required aesthetic standards for roofing and siding, and exhibits stick-built single-family design characteristics.

(2)

Manufactured home, type II. A manufactured home which does not meet one or more of the requirements for a type I manufactured home as defined in this section.

(3)

Manufactured home, type III. A manufactured home which does not meet any of the requirements for a type I manufactured home as defined in this section.

Manufactured home park means a business which provides rented or leased space for the placement of type II and/or type III manufactured homes for residential purposes.

Manufactured home subdivision means a subdivision providing lots for sale for the placement of type II and/or type III manufactured homes for residential purposes.

Medical clinic means a professional or medical office serving outpatients and dealing with human physical, emotional, or psychological problems.

Mobile home. See Manufactured home .

Motel means a building designed or occupied as a temporary abode and where lodging is provided with or without meals for 25 or more guests. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests and catering primarily to the public traveling by vehicle.

Nonconforming means any building or land use which at the time of the passing of the ordinance from which this chapter is derived or an amendment thereto does not conform to the regulations of the zoning district in which it is situated.

Nonconforming lot means a lot of record which does not conform to the lot area or lot width regulations of this chapter.

Noxious matter means offensive to the human senses.

Nursing facility means a facility licensed by the state and/or the United States for the accommodation, board, care, supervision, instruction and/or maintenance of five or more people.

Official zoning map means the official maps showing the location and boundaries of the districts established by this chapter. The official zoning map, together with all the explanatory matter thereon and all amendments thereto, is adopted by reference and is a part of this chapter. The official zoning maps shall be quarter-section maps which are kept and maintained by the city planner or his designated representative.

Off-premises sign means any structure or part thereof on which lettered or pictorial matter is displayed for off-premises advertising purposes.

On-premises sign means any sign identifying or advertising a business, person, activity, good, product, or service located on the premises where the sign is installed and maintained; also known as appurtenant or accessory signs.

Open space means the portion of the lot that is landscaped or that is usable and maintained for recreational purposes, including lawns and patios.

Outdoor lighting means the illumination of an outside area or object by any manmade device located outdoors that produces light by any means.

Parking lot means a durable, paved parcel of land devoted to unenclosed parking spaces for vehicles for compensation or otherwise.

Parking space means a durable, paved, surfaced area enclosed in a principal building, in an accessory building, or unenclosed, which is sufficient in size to store one standard automobile, and which comprises an area of not less than 180 square feet.

Pavement means a uniform, hard, and durable material composed of cementations concrete or asphaltic concrete.

Plan commission means the plan commission of the city.

Planned unit development (PUD) means a residential, commercial, or industrial development unit, or combination thereof, of a tract of land under single ownership or management, according to an approved final site development plan.

Plot means a parcel of land occupied or suitable for occupancy by one main building or use, together with its accessory buildings or uses, and including the open spaces required under these regulations. A lot shall be held under common ownership and shall be so recorded in the office of the county recorder. A lot may include contiguous parts of lots or a combination of more than one lot when contiguous to one another and used as one parcel. Open spaces necessary for compliance with these regulations for one building or use shall not be again counted as open space required for any other building or use.

Pool hall or billiard hall means any establishment, the principal business of which is to provide a location for individuals to engage in the games or practice of the game of pool, billiards, or similar games played on a pool table or a billiard table.

Porch means a roofed-over structure projecting out from the wall of a principal structure and open to the weather.

Principal use means the main use of a building, distinguished from an accessory building or accessory use.

Professional office means an office used in the practice of a profession.

Public right-of-way means land which is subject to use by the general public for general transportation purposes or conveyance of utilities, including, but not limited to, streets, alleys, boulevards, highways and roads, and other easements and rights-of-way, whether or not, in fact, improved or actually used for such purposes.

Public utility means any person, firm, or corporation, municipal department, board, or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public natural gas, steam, electricity, sewage, communication, telegraph, transportation, or water.

Recreational vehicle includes boats, motor homes, travel trailers, campers, and other similar items designed and intended specifically for temporary living such as travelling, camping, and vacationing, whether self-propelled or towed. All recreational vehicles shall be stored in the rear yard area in all zoning districts, and shall not be used for residential purposes.

Right-of-way line means the dividing line between a lot and a right-of-way.

Rummage sales, private, means a temporary sale of used clothing or household items conducted only by the immediate members of one or two families, in a residence, private garage, porch, or yard.

Rummage sales, public, means a temporary sale, conducted by a nonprofit organization such as a church or club, where the members of the group bring articles or items to a central building to be sold to raise money for use by the organization.

Salvage material storage yard means an open-air lot where any solid waste, salvage metals, salvage electrical, plumbing, heating, or air conditioning equipment, salvage materials, house or building salvage materials, salvaged structural steel, vehicles in an inoperable condition, vehicle parts, and salvaged machinery is stored, bought, sold, exchanged, baled, cleaned, or processed.

Scarifying establishment means any room or space where scarifying is performed for compensation. Scarifying means a placement in, upon or under the skin of any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of a surgical scalpel or other instruments.

School means an elementary school, middle school, high school, college, or university.

Screening means a berm, hedge, fence, or wall, or any combination thereof, used to reduce visual and audible effects of adjoining uses.

Self-service storage facility, mini storage means a building consisting of individual, compartmentalized, self-contained and controlled-access stalls or lockers of various sizes that are leased or owned for the storage of business or household goods.

Setback line means lines which are parallel to the lot lines, in which no building may project closer to the lot lines. (See diagrams in the appendix to this chapter.)

Setback line, exterior side, means the minimum horizontal distance between the exterior side lot line and the facia board or parapet of the side wall of a building, excluding open steps and stoops.

Setback line, front, means the minimum horizontal distance between the front lot line and the facia board or parapet of the side wall of a building, excluding open steps and stoops.

Setback line, interior side, means the minimum horizontal distance between the interior side lot line and the facia board or parapet of the side wall of a building, excluding open steps and stoops.

Setback line, rear, means the minimum horizontal distance between the rear lot line and the facia board or parapet of the rear wall of a building, excluding open steps and stoops.

Shopping center means a group of three or more contiguous stores or buildings which are planned and developed, owned, or managed as a unit, with off-street parking and loading provided on the premises.

Should indicates a preferred requirement.

Sign means a name, identification, description, display, or illumination which is affixed to, painted, or represented directly or indirectly upon a building (including window area), structure, or land which is in view of the general public and which directs attention to a person, place, commodity, activity, institution, organization, or business.

Specified anatomical areas means and includes the following:

(1)

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

(2)

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

Specified sexual activities means and includes the following:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse, or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Story means that portion of a building between the surfaces of a floor and the surface of the floor above, and, if there is no floor above, to the ceiling above.

Story, half, means a story which is situated in a sloping roof; or a basement in which half of the vertical distance is below the established grade.

Street means a public right-of-way other than an alley.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or exterior walls.

Structure means an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Advertising signs, billboards, backstops, tennis courts, antennas, spires, belfries, cupolas, water towers and tanks, chimneys, ventilators, swimming pools, and other appurtenances shall be included in this definition.

Subdivision means all divisions of a tract or parcel of land into two or more lots, selling immediately or in the future.

Swimming pool means a structure built up as an artificial or semiartificial basin or tank, including all appurtenant equipment and facilities, for the purpose of impounding water to a depth of more than 2½ feet for the immersion or partial immersion therein of human beings.

Tattoo establishment means any room or space where tattoing is performed for compensation.

Tattooing means a placement in human tissue of any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of needles or other instrument; or any design, letter, scroll, figure or symbol done by scarring upon or under the skin.

Tavern means a public establishment where food is sold and served, but where the principal business is the selling and serving of alcoholic beverages for consumption on the premises.

Temporary means a period of time less than or equal to 365 consecutive days.

Temporary building means a building which is used by a contractor during the construction or reconstruction of a principal building, and which is located on the same lot as the principal building under construction or reconstruction.

Toxic materials means those pollutants or combinations of pollutants, including disease-causing agents as defined by the Environmental Protection Agency and/or the state, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in those organisms or their offspring.

Trade school means a privately-owned school not conducted by or under the sponsorship of an organization, which teaches industrial or technical arts.

Truck terminal means any place where trucks are stored, serviced, or dispatched, or where freight is brought and dispatched by truck.

Used or occupied includes the words, "intended, arranged, or designed to be used or occupied."

Variance means a variation of the use, lot size, or width requirements, yard requirements, height restrictions, sign regulations, parking and loading requirements, or other development standards from those set forth in this chapter, granted by the board of zoning appeals in accordance with the provisions of this chapter, where strict enforcement of the terms of this chapter would create undue hardship, owing to the unique characteristics of the property for which the variance is sought.

Vehicle means any device used for carrying passengers, goods, or equipment.

Vehicle wrecking yard means any place where two or more motor vehicles not in running condition or otherwise legally operable on public ways, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof, including farm machinery stored in the open and not being restored to operating condition.

Vehicles sales lot means any premises where three or more motor vehicles are offered for sale or sold during any calendar year.

Yard means an open space area between the lot lines and the required setback lines. (See diagrams in the appendix to this chapter.).

Yard, exterior side, means an open space area between the exterior side lot line and the required exterior side building setback line, extending between the front building setback line and the rear building setback line.

Yard, front, means an open space area between the front lot line and the required front building setback line, extending across the full width of the lot.

Yard, interior side, means an open space area between the interior side lot line and the required interior side building setback line, extending between the front building setback line and the rear building setback line.

Yard, rear, means an open space area between the rear lot line and the required rear building setback line, extending across the full width of the lot.

Yard sale. See Rummage sales, private and Rummage sales, public.

Zone means a section of the city for which uniform regulations governing the use, height, area, size, bulk, and density of buildings and land are herein established.

Zone map. See Official zoning map.

(Code 1985, § 159.012; Ord. No. 2988, 12-15-1986; Ord. No. 3160, 5-6-1988; Ord. No. 3263, 4-17-1989; Ord. No. 3466, 3-4-1991; Ord. No. 3614, 8-3-1992; Ord. No. 3662, 3-1-1993; Ord. No. 3686, 5-3-1993; Ord. No. 3698, 6-21-1993; Ord. No. 3725, 8-2-1993; Ord. No. 3838, 6-20-1994; Ord. No. 3934, 5-8-1995; Ord. No. 4020, 2-20-1996; Ord. No. 4078, 8-5-1996; Ord. No. 4098, 10-7-1996; Ord. No. 4170, 5-19-1997; Ord. No. 4302, 8-17-1998; Ord. No. 4303, 8-17-1998; Ord. No. 4401, 6-21-1999)