§ 46-1. Definitions.
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 building means a subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominate use of the building or premises.
Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.
Advertising sign or structure.
(1)
The term "advertising sign or structure" means any cloth, card, paper, metal, glass, wooden, plastic, stone sign or other sign, device or structure of any character whatsoever, including a statuary, place for outdoor advertising purposed on the ground or on any tree, wall, bush, rock, post, fence, erecting, constructing, posting, painting, tacking, nailing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross section of such structure.
(2)
The term "advertising sign or structure" does not include either directional, warning or other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale.
Alley means a minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
Apartment house. See Multiple-family dwelling.
Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: passenger cars, trucks, busses, motor scooters and motorcycles.
Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
Bed and breakfast means single-family dwelling in which the principal use is permanent residential quarters; and in which, as an accessory use, no more than three bedrooms are made available for transient occupancy, generally for not more than seven days, by no more than five guests for compensation.
Boardinghouse means a dwelling other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more, but not exceeding 20 persons on a weekly or monthly basis.
Brick means and includes fired clay or shale brick manufactured to ASTM C216 or C652. Grade WS, can include concrete brick if the coloration is integral, shall not be painted, and is manufactured to ASTM C1634 with a minimum thickness of 2¼ inches when applied as a veneer, and shall not be included under fired clay or shale brick.
Building means any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.
Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of the mansard roof or to the average height of the highest gable of a pitch or hip roof.
Building, main, means a building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated, and shall be located upon a street approved and accepted by the city.
Building setback line means the distance that a building must be placed back from a designated boundary, such as street, alley or property line (also called a building line).
Business shall be as defined in the International Building Code, 2006 edition, or other building code as adopted by the city and additionally shall be defined as the use of any building or structure, or any portion thereof, including residences, wherein any merchandise, including goods, wares or merchandise incidental to such purpose, is sold or displayed for the purpose of being sold on more than eight days during any 12-month period.
Child care center.
(1)
The term "child care center" means any place, home or institution which receives three or more children under the age of 16 years, and not of common parentage, or care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation.
(2)
The term "child care center" does not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or the churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or other church activities.
Coverage means the lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
District means any section of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for class or kind of buildings therein.
Dwelling means any building or portion thereof, which is designed or used as living quarters for one or more families, but not including trailer homes. All dwellings shall comply with the requirements in masonry construction. See Trailer home.
Dwelling, multiple-family, means detached dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels or motels.
Dwelling, single-family, means a detached dwelling designed to be occupied by one family. See Family.
Dwelling, two-family, means a detached dwelling designed to be occupied by two families living independently of each other.
Family means any number of individuals living together as a single housekeeping unit, in which not more than three individuals are unrelated by blood, marriage, adoption or guardianship and occupying a dwelling unit.
Family group use means one or more persons related by blood, marriage, or adoption, or a group of not exceeding five persons not all related by blood or marriage, occupying a boarding or lodginghouse, hotel, club or similar dwelling for group use.
Garage apartment means a dwelling unit for one family erected above a private garage or a multifamily dwelling unit, with not more than three stories. The building has private outdoor space, either on grade, or a private balcony.
Garage, parking, means any building, or portion thereof, used for the storage of four or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.
Garage, private, means an accessory building or part of a main building used for storage purposes and for automobiles used solely by the occupants and their guests of the building to which it is accessory.
Garage, repair, means a building in which are provided facilities for the care, services, repair, or equipping of automobiles.
Gasoline service or filling station means any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic washing or the sale of butane or propane fuels.
Home occupation.
(1)
The term "home occupation" means any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided, that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building, and no mechanical equipment is used except such as is customary for purely domestic or household purposes.
(2)
The term "home occupation" does not include a beauty or barbershop, tea room or restaurant, rest home, doctor's or dentist's office, child care center, or cabinet, metal or auto repair shop.
Hotel means a building or group of buildings (not apartments) contain six or more sleeping rooms occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
HUD-CODE manufactured home.
(1)
The term "HUD-CODE manufactured home" means a structure constructed on or after June 15, 1976, according to the rule of the United States Department of Housing and Urban Development, transportable in one or more sections., which, 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 which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
(2)
The term "HUD-CODE manufactured home" does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).
Industrialized building.
(1)
The term "industrialized building" means a commercial structure that is constructed in one or more modules using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical system.
(2)
The term "industrialized building" does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.
Industrialized housing.
(1)
The term "industrialized housing" means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical system.
(2)
The term "industrialized housing" does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term "industrialized housing" does not mean nor apply to:
a.
Housing constructed of sectional or panelized systems not utilizing modular components; or
b.
Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Kennel means any lot or premises on which three or more dogs, cats, or other domestic animals at least four months of age, are housed or accepted for boarding, trimming, grooming, bathing and/or treatment for which compensation is received.
Key lot means a lot having frontage on two intersecting streets, such lot being adjacent to that intersection, and having adjacent lots on both streets fronting on those streets.
Lot means any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this section, and other laws or ordinances, and having its principal frontage on a street publicly approved and accepted by the city.
Lot, area, means total area measured on a horizontal plane, included within lot lines.
Lot, corner, means a lot which at least at two adjacent sides abutting for their full lengths on a street, provided that the angle at the intersection of such two sides is less than 135 degrees.
Lot, depth, means the horizontal distance between the front and rear lot lines.
Lot, double frontage, means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
Lot, frontage, means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
Lot, interior, means a lot other than corner lot.
Lot lines means the property lines bounding a lot.
Masonry construction means the building of structures from individual units laid in and bound together with mortar, the term masonry may refer to the units themselves. The common materials used in masonry are brick, stone, stucco and plaster, marble, granite, travertine, limestone, concrete block, glass block, tile and other built up/tilt panels or walls. Concrete tilt wall construction. (Stucco and plaster shall only be considered a masonry material when applied using a three-step method over diamond metal lath mesh to a seven-eighths-inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products e.g., EIFS-exterior insulation and finish systems shall not be considered a masonry material, Hardiplank or other materials of similar characteristics shall be considered a masonry material.
Medical facilities.
(1)
Convalescent, rest or nursing home means a health facility where persons are housed and furnished meals and continuing nursing care for compensation.
(2)
Dental clinic or medical clinic means a facility for the examination and treatment of ill and afflicted human out-patients provided they are not kept overnight except under emergency conditions.
(3)
Dental office or doctor's office means the same as dental or medical clinic.
(4)
Hospital means an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.
(5)
Public health center means a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therein.
(6)
Sanatorium means an institution providing health facilities for in-patient medical treatment and recuperation making use of natural therapeutic agents.
Parking space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress of an automobile.
Planned development district means planned associations of uses developed as integral land units such as industrial parks or industrial, offices, commercial or service centers, shopping center, residential development of multiple or mixed housing including attached single-family dwelling or any appropriate combination of uses which may be planned, developed, or integral land use units either by a single owner or a combination of owners.
Property line describes the legal boundary of a parcel of land that divides one parcel from another or from a street or any other public or private space. See Lot line.
Recreational vehicle means a unit designed as temporary living quarters for recreational, camping or travel use that has a body width not exceeding eight feet and a body length not exceeding 40 feet. Units may have their own power, or be designed to be drawn or mounted on an automotive vehicle. The term "recreational vehicle" includes motor homes, travel trailers, truck campers, camping trailers, converted buses, house boats or other similar units as determined by the building official or such other person as may be designed by the city council. A recreational vehicle may or may not include an individual toilet and bath.
Restaurant means a building or premises, the primary use of which is the preparation and serving of food for on-premises consumption. The incidental sale of beer at such location for on-premises consumption shall be considered an accessory use of said building and premises.
Roominghouse means a building where lodging only is provided for compensation to three or more, but not exceeding 20 persons. A building which has accommodation for more than 20 persons shall be defined as a hotel under the terms of this section.
Self-service laundry or dry cleaning establishment means attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from or dry cleaning wearing apparel, cloth, fabrics and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.
Stable, private, means a stable with a capacity for not more than two horses or mules.
Stable, public, means a stable, other than a private stable, with a capacity for more than two horses or mules.
Store selling beer means a building or premises, the primary use which is the selling of beer for on-premises consumption. The incidental preparation and serving of food at location for on-premises consumption shall be considered an accessory use of said building or premises.
Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished or for use. A half story containing independent apartment or living quarters shall be counted as a full story.
Street means any public or private thoroughfare which affords the principal means of access to abutting property.
Street, intersecting, means any street which joins another at an angle, whether or not it crosses the other.
Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.
Tourist court means an area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.
Tourist home means a dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not than four rooms are provided or offered for transient guests for compensation.
Trailer court or mobile home park means a parcel of land which has been designed or improved or intended to be used or rented for occupancy by one or more trailer homes, mobile homes, or recreational vehicle, as authorized under the ordinances of the city.
Trailer, hauling, means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats/watercraft, and barbeque pits.
Trailer home or mobile home means a portable or mobile living unit used or designed for human occupancy on a permanent basis, is defined as a structure that was constructed before June 15, 1976, transportable in one or more sections; which 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 which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems.
Trailer or mobile home space means a plot of ground within a trailer court designed for the accommodation of one mobile home.
Trailer, travel or camping, means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants, and containing less than 175 square feet of floor area.
Veterinary hospital means an establishment offering veterinary services and clinics for pets, small and /or large animals. Typical uses include pet clinics, care, treatment and temporary housing of livestock and large animals, with temporary housing of large animals permitted in an attached or adjacent roofed building, with three or more sides having walls or a solid fence extending from the foundation to at least three-fourths of the distance to the roofline and at all times shall comply with the city's animal control ordinance.
Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
Yard, front, means a yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
Yard, rear, means a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from front yard.
Yard, side, means a yard between the building and the side of the lot and extending from the front lot to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the main building.
(Code 1990, ch. 11, § 2(B); Ord. No. 2015-1-6-2, §§ I, II, 1-6-2015 ; Ord. No. 2017-07-11-09 , § I, 7-11-2017)