Article XXIII. DEFINITIONS  

Certain words in this ordinance are defined for the purpose hereof as follows:

Words in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" is mandatory and directive.

Accessory Building : A subordinate building or structure, attached to or detached from the main building, without separate utilities or utility meters. Unless specified separately as Type A or B, the term "accessory building" shall apply to both.

Accessory Building—Type A-Residential: An accessory building with enclosed space to be used as a garage for automobiles or trucks with a rating of one and one-half tons or less, living quarters, garage apartments and/or domestic storage. Any accessory building of sufficient height and with a door wide enough to facilitate the storage of passenger vehicles or trucks shall be considered a Type A accessory building. Any accessory building over 13 feet in height shall be considered a Type A accessory building, with the exception of gazebos and greenhouses. Type A accessory buildings used as living quarters, and/or having a kitchen shall only be permitted on one acre lots or greater in size. See article XIV-I for the method to determine the height of an accessory building.

Accessory Building—Type A-Nonresidential : An accessory building, with enclosed space to be used as a garage for automobiles or trucks or storage. Any accessory building of sufficient height and with a door wide enough to facilitate the storage of passenger vehicles or trucks shall be considered a Type A accessory building.

Accessory Building—Type B-Residential : An accessory building used strictly for domestic storage including, but not limited to, lawn mowers, riding mowers, tractors, bicycles, tools, lawn maintenance equipment, patio furniture, or structures such as carports, gazebos, greenhouses, and home workshops or home hobby shops.

Accessory Building—Type B-Nonresidential : An accessory building used strictly for storage, including, but not limited to, supplies or equipment to support the main use, tractors, tools, property maintenance equipment, or structures such as carports and workshops.

Accessory Building—Type A or B-Attached: A building that is directly attached to the main building or structure.

Carports that are attached to the main structure may be considered as an accessory building if the maximum number of accessory buildings allowed per lot is not exceeded. If a carport attached to the main structure would exceed the maximum number of accessory buildings allowed on that lot, given the number of preexisting accessory buildings, the carport shall be considered as a part of the main structure, and shall not be considered as an accessory building.

Garages that are attached to the main structure, regardless of access, shall be considered part of the main structure, and shall not be considered as an accessory building.

Accessory Building—Type A or B-Detached : A building on the same lot as the main building, but which is not structurally attached to the main building.

Alley : A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Apartment: See Dwelling, multifamily (apartment).

Area of Lot : The area of the lot shall be the net area of the lot and shall not include portions of any adjoining streets or alleys. Platted lots in existence at the time of the adoption of this ordinance shall not be considered nonconforming lots if they fail to have the area required by the comprehensive zoning, ordinance, but shall be considered conforming lots for all purposes.

Auto Dealer, New Cars: See Franchised motor vehicle dealer.

Auto Dealer, Used Cars: See Pre-owned and used motor vehicle dealer.

Bank (Savings and Loan, Credit Union): A financial institution, as defined and chartered under state and/or federal law, that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments and fiduciary activities.

Basement: Any floor level below the first story in a building, except that a floor level in a building having one floor level shall be classified as a basement unless such floor level qualifies as a first story.

Block : An area within the city enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.

Breezeway : A covered passage one story in height connecting a main structure and an accessory building.

Building : Any structure or building for the support, shelter and enclosure of persons, animals, chattels, or movable property of any kind.

Building Line : A line parallel or approximately parallel to the street line and beyond which buildings may be erected.

Building, End of : Those sides of the building having the least dimensions and in which doors or openings are not customarily provided for ingress and egress.

Business : Includes retail, commercial, and manufacturing uses and districts as herein defined.

Cellar : See Basement.

Check Cashing/Pay Day Loan Facility: A person or a business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose or provides loans to individuals in exchange for personal checks as collateral. Check cashing/pay day loan facility does not include a state or federally chartered bank, savings association, credit union, or industrial loan company, or a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders as a service that is incidental to its main purpose or business.

Clinic, Medical : An institution or station for the examination and treatment of ill and afflicted outpatients.

Convalescent Home : Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

Court : An open, unoccupied space bounded on more than two sides by the walls of the building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanently open space.

Customary Home Occupation : A customary home occupation is an occupation customarily carried on in the home by a member of the occupant's family without structural alterations in the building or any of its rooms, without the installation of machinery other than that customary to normal household operation or additional equipment without the employment of additional persons, without the use of a sign to advertise the occupation and which does not cause the generation of additional traffic in the street.

Day Care Center : A place where persons (children or adults) are cared for on a temporary basis, with no overnight stay.

Depth of Rear Yard : See Rear Yard, Depth.

Depth of Lot : See Lot, Depth.

District : A section of the city for which the regulations governing the area, height or use of the building is uniform.

Doctor or Dentist Office: An outpatient facility providing ongoing medical or dental services, primarily by appointment, for persons with a long term doctor/patient relationship including general health maintenance and treatment for medical or dental conditions. The term does not include mental health counseling, group counseling, and alcohol or drug rehabilitation.

Domestic Staff Quarters : Shall mean an accessory building or portion of a main building located on the same lot as the main building and used as living quarters for domestic staff employed on the premises and not rented or otherwise used as a separate domicile.

Drive Approach: Shall mean the area within the right-of-way between the paved portion of a street or alley and the property line that connects a driveway or parking area or space to the street or alley and is used for ingress and egress to residential or nonresidential property. For nonresidential property or uses, drive approaches shall be constructed with reinforced concrete according to city specifications. Residential drive approaches on improved streets (curb and gutter) shall be constructed with reinforced concrete according to city specifications. Residential drive approaches on unimproved streets (no curb and gutter) may be surfaced with reinforced concrete or asphalt according to city specifications.

Driveway: Shall mean an area between the drive approach and parking spaces used for vehicular ingress and egress to residential and nonresidential property, and includes drive aisles. For nonresidential property or uses, driveways shall be constructed with reinforced concrete according to city specifications. Residential driveways on improved streets (curb and gutter) shall be constructed with reinforced concrete according to city specifications. Residential driveways on unimproved streets (no curb and gutter) may be surfaced with reinforced concrete or asphalt according to city specifications.

Dwelling, Loft (Apartment): Shall mean any portion of a building above the first story designed, built, rented, leased, or otherwise occupied by one family. The loft shall be a minimum of 550 square feet of living, air conditioned space (not including common halls or access), and shall contain a kitchen, living, sanitary, and sleeping facilities. The maximum occupancy of a loft is two persons per bedroom or sleeping area.

Dwelling, Single-Family (attached) : Shall mean a dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and which is designed for occupancy by one family, is located on a separate lot delineated by front, side, and rear lot lines, and contains only one kitchen, plus living, sanitary, and sleeping facilities.

Dwelling, Single-Family (detached) : Shall mean a dwelling designed and constructed for occupancy by one family and is located on a lot or separate building tract, having no physical connection to a building located on any other lot or tract, occupied by one family, and containing only one kitchen, plus living, sanitary, and sleeping facilities.

Dwelling Two-Family (duplex) : A detached building which is designed, built, rented, leased, or let to be occupied as a two family dwelling unit or as a home or place of residence by two families.

Dwelling, Multi-Family (apartment) : Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or residence by three or more families living in independent and separate housekeeping units.

Dwelling Unit : A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters.

Efficiency Apartment : An apartment having a combination living and bedroom. (No separate bedroom.)

Extended Stay Hotel: A building or structure intended as, used as, maintained as, or advertised as a place where sleeping accommodations are furnished to the public as regular roomers, primarily for periods of one week or more.

Family: Means individuals living, together as a single housekeeping unit in which not more than two individuals are unrelated by blood, marriage or adoption, foster children excepted.

Farm : An area of two acres or more, which is used for the growing of the usual farm products such as vegetables, fruit trees, and grain and their storage on the area as well, as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep, and swine, including dairy farms with the necessary accessory uses and for treatment and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal and garbage to swine or other animals.

Flea Market : A site where space inside or outside of the building is rented to vendors on a short-term basis for the sale of merchandise.

Foster Child : A foster child is a person under 18 years of age and who resides with a family, and is not related to such family by either blood, marriage or adoption.

Franchised Motor Vehicle Dealer: A person engaged in the business of buying, selling, or exchanging new motor vehicles and/or trucks no greater than one and one-half ton rating at an established and permanent place of business under a franchise in effect with a motor vehicle manufacturer or distributor.

Front Yard : All areas between the front face(s) of the building and the front property line. (See Figures 1—5)

Front Yard, Required : Shall mean the minimum front yard requirement as set forth by each zoning district. See article XV for exceptions.

Grade plane : A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the referenced plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than five feet from the building, between the building and a point five feet from the building.

Gross Floor Area : The gross floor area of a structure shall be measured by taking the outside dimensions of the structure at each floor level, excluding, however, the floor area of basement or attics not used for residential purposes.

Height : (Building) The vertical distance from the grade plane to the average height of the highest roof surface. See article XIV-F for additional regulations.

Height: (Accessory Building) The vertical distance from the lowest ground elevation within the area between the building, and the lot line, or when the lot line is more than five feet from the building, between the building and a point five feet from the building, to the top of the highest point of the accessory building. The height of any accessory building that occupies any part of the required rear yard of a lot shall be measured from the lowest ground elevation within the area between the building and the rear property line to the top of the highest point of the accessory building. Air vents, turbines, chimneys, weather vanes or other decorative devices shall not be included in the height calculation for any accessory building.

Home Occupation : Any occupation that is customarily performed at home that does not involve a structural chance in the building, that does not require the employment of help, the installation of equipment or the display of a sign, and which shall not include beauty culture schools, beauty parlors, doctors office or treatment of patients.

Home Work Shop or Home Hobby Shop: An accessory use housed in a dwelling or in an accessory building at which the residents of the premises are engaged in recreation activities, none of which shall disturb the neighbors on either side or in the rear thereof and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale, or advertised for sale, nor may any sign be used in connection therewith.

Hospital: An institution or place where sick or injured inpatients are given medical or surgical care either at public (charity) or private expense.

Hotel or Motel : A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public for leisure, business travel and groups and providing additional services, such as full service restaurants, meetings rooms, and maid service. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.

Independent Motor Vehicle Dealer: A dealer other than a franchised motor vehicle dealer, an independent mobility motor vehicle dealer, or a wholesale motor vehicle dealer.

Kitchen: Any room primarily used, intended, or designed to be used for cooking or the preparation of food. The presence of a range or oven or utility connections suitable for servicing a range or oven shall normally be considered as establishing a kitchen.

Interior Lot : Any lot that is not a comer lot.

Living Area : That portion of the dwelling unit utilized for living purposes, including, the exterior walls of the structure, but not including porches, breezeways, garages and carports.

Lot, Depth : The mean horizontal distance between the front and rear lot lines. (See Figure 6)

Lot, Width (minimum) : The minimum lot width of lots having parallel side lot lines or diverging lot lines, where the back of the lot is wider than the front; shall be measured at the front building line. The minimum lot width of lots with fronts wider than the back shall be measured at the center of the lot. (See Figure 6)

Lot Lines : The lines bounding a lot as defined herein.

Lot of Record : A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk; or a parcel of land, the deed for which was recorded in the office of the county clerk prior to December 27, 1965; or where conditional approval of a preliminary plat has been made by the planning and zoning commission prior to December 27, 1965, provided continuous development is in effect.

Medical Clinic: An outpatient facility providing medical, dental, or surgical services, for sick or injured persons on a limited term basis, usually with no overnight stay. Patients are admitted for examination and treatment by a group of physicians, or dentists. The term does not include mental health counseling, group counseling, and alcohol or drug rehabilitation.

Motor Vehicle: Any self-propelled vehicle used to transport persons or passengers and includes light truck (a motor vehicle of no greater than one and one-half ton rating).

Nonconforming Uses : A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

Residential District : Single-family and duplex zoning districts.

Occasional Parking Lot and/or Tent Sales : Applies to those retail/wholesale goods that are sold within one area of a business parking lot for a duration of time not to exceed ten calendar days per occurrence and two occurrences during, a six-month period. Occasional parking lot/tent sales shall be conducted only by the persons or business as shown on the current Certificate of Occupancy. Occasional parking lot and/or tent sales shall only be able to operate during hours of operation of the main use of the property on which it is located. In no case shall display be permitted in fire lanes, on the city property or right-of-way. The occasional parking lot/tent sales shall not occupy, cover, or render useless any required parking spaces. A permit is required for all occasional parking lot/tent sales. A site plan is required which details the location of the sale. All tent sales shall require a certificate proving flame retardance. The building official shall collect a fee for the permit as established by resolution of the city council as it may determine from time to time.

Occupancy : The use or intended use of the land or buildings by proprietors or tenants.

Open Space : Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, or porches.

Outside Display : Shall mean the display of finished goods (new merchandise only) on a lot or tract, outside of a building, specifically intended for retail sale. When authorized in a zoning district, no such outside display shall be located more than 15 feet from any portion of the main structure and shall be under cover by means of canopy, awning, or roof extension. In no case shall any outside display be conducted in the required front yard or any front yard setback adjacent to a street. No outside display shall block, hinder, restrict or render unusable any required parking spaces or fire lanes. When otherwise allowed, goods being displayed outside shall not occupy more than five percent of the lot, except that new or used automobile and light truck (trucks with a gross vehicle weight rating of not more than one and one-half tons) dealers and dealerships may engage in the outside display of such vehicles on any part of the lot without regard to the foregoing five percent limitation.

The outside display of used or unused items or equipment, including but not limited to, furniture, refrigerators, freezers, appliances, carpets, cans or containers, which are not customarily used or stored outside, items which are not made of a material that is resistant to damage or deterioration from exposure to the outside environment, or items for resale, shall not be permitted.

Outside Storage : (also referred to as Open Storage) Shall mean the permanent or continuous keeping, displaying or storing, outside of a building, of any unfinished goods, material, merchandise, or equipment on a lot or tract for more than 24 hours. Rental trucks and equipment shall be considered as outside storage. No outside storage is permitted in the front yard (the area between the front face of a building and the front property line). See article XIV-G for screening requirements.

Parking Space: Shall mean an area used for the parking of motor vehicles not within the street or alley right-of-way, nor consisting of the drive approach, driveway or drive aisle. For nonresidential property or uses, parking spaces shall be constructed with reinforced concrete according to city specifications. Residential parking spaces on unimproved streets (curb and gutter) shall be constructed with reinforced concrete according to city specifications. Residential parking spaces on unimproved streets (no curb and gutter) may be surfaced with reinforced concrete or asphalt according to city specifications.

Place : An open unoccupied space reserved for purposes of access to abutting property.

Place of Public Assembly : Any building or structure or portion thereof, used primarily for the gathering together of persons for such purposes as civic, social or religious or functions, or for recreation, education or instruction purposes.

Porte Cochere : Shall mean a roofed structure extending from an entrance to a building over an adjacent driveway capable of sheltering persons entering or exiting vehicles. A porte cochere shall be considered as part of the main structure and is not considered to be an accessory building when constructed as an integral part of and according to architectural standards and appearance consistent with the main structure.

Pre-Owned and Used Motor Vehicle Dealer: A person who regularly and actively buys, sells, or exchanges pre-owned and used motor vehicles and/or trucks no greater than one and one-half ton rating at an established and permanent location. The term includes an independent motor vehicle dealer and a wholesale motor vehicle dealer.

Residence Hotel : A multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting rooms, clubhouse, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this ordinance.

Seasonal Garden Center : Applies to those retail/wholesale goods that are not covered by the Certificate of Occupancy for the main use and that are sold for a short duration of time not to exceed 120 days per 12-month period. The 120 days may be broken down into intervals that add up to 120, i.e. 1-120 day period, 2-60 day periods, 4-30 day periods, etc. A separate permit is required for each period. A seasonal garden center is not permitted on a vacant lot. Seasonal garden center sales shall only be able to operate during hours of operation of the main use of the property on which it is located. Items for sale shall be exempt from outside display requirements, however, in no case shall outside display be permitted in fire lanes, on city property or right-of-way. The seasonal garden center shall not occupy, cover, or render useless any required parking spaces. The building official shall collect a fee for the permit as established by resolution of the city council from time to time.

Seasonal Sales : Applies to those retail/wholesale goods that are sold for a short duration of time not to exceed 60 days per 12 month period. The 60 days may be broken down into intervals that add up to 60, i.e., 1-60 day period, 2-30 day periods, etc. A separate permit is required for each time period. A site plan shall be required which indicates the locations on the property of sale items. Seasonal sales are not permitted on a vacant lot. Seasonal sales shall only be able to operate during hours of operation of the main use of the property on which it is located. Items for sale shall be exempt from outside display requirements, however, in no case, shall outside display be permitted in fire lanes, or on city property or right-of-way. The seasonal sale shall not occupy, cover, or render useless any required parking spaces. Seasonal sales shall not occupy more than five percent of the lot.

Seasonal sales shall be conducted by only the person(s) or business as shown on the current Certificate of Occupancy. Examples of seasonal sales may include, but not be limited to, Christmas tree sales, firewood sales, and pumpkin patches. Christmas tree sales and firewood sales are exempt from being tied to the Certificate of Occupancy, but still require a permit to operate. Nonprofit organizations, civic organizations, and school organizations are also exempt from being tied to the Certificate of Occupancy, but still require a permit to operate.

The building official shall collect a fee for the permit as established by resolution of the city council as it may determine from time to time.

Rear Yard : All area between the rear face(s) of the building and the rear property line which is not considered a side yard. (See Figures 1—5)

Rear Yard, Depth : The mean horizontal distance between the rear line of a building, other than an accessory building, and the rear lot line.

Rear Yard, Required : Shall mean the minimum rear yard requirement as set forth by each zoning district. See article XV for exceptions.

Residential District : Single-Family and duplex zoning districts.

Residential Property : Any property zoned or used for single-family and duplex purposes.

Screening Fence : A structure which blocks the view from the ground to the height specified and serves as a visual barrier.

Side Yard : All areas between the side face(s) of the building and the side property line. (See Figures 1—5)

Side Yard, Required : Shall mean the minimum side yard requirement as set forth by each zoning district. See article XV for exceptions.

Side Yard, Width : The mean horizontal distance between a sidewall of a building and the sideline of the lot.

Snow Cone Stand : Shall mean a permanent structure that serves only snow cones. (A facility that serves more than snow cones shall be considered as a restaurant and be governed by applicable codes for restaurants.) A snow cone stand shall be connected to city water and wastewater lines and meet city codes for restroom facilities. The snow cone stand shall conform to all applicable city zoning, building, health, fire and safety codes and must obtain a Health Permit and Certificate of Occupancy. The structure for the snow cone stand shall conform to article XIV-K, "Exterior Wall Covering Requirements" for the particular zoning district in which it is located.

Social Service Provider: A facility that provides assistance to persons with a limited ability for self care. The term does not include facilities that provide medical assistance, mental health counseling, group counseling, alcohol or drug rehabilitation, rescue missions or homeless shelters.

Story, First : The lowest story in a building that qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, for more than 50 percent of the total perimeter, or not more than eight feet below grade at any point.

Story, Half: A story having an average height of not more than eight feet, covering a floor area of not more than 75 percent of the area of the first story below.

Story, Standard : 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 top of the ceiling joists above it. The average height for a story shall be defined as 12 feet. A story does not include parapets, gables, and other normal roof structures.

Street : Any thoroughfare or public driveway, other than an alley, and more than 20 feet in width, which has been dedicated or deeded to the public for public use.

Street Line : A dividing line between a lot, tract or parcel of land and a contiguous street.

Structure Alterations : Any chance in the supporting member of a building, such as a bearing wall, column, beams, or girders.

Temporary Building : Any nonresidential pre-manufactured structure which is not originally manufactured or constructed at its use site and requires no on-site installation of utilities and/or foundation.

Used Car Lots : A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of automobile parts.

Wholesale Motor Vehicle Dealer: A dealer who sells motor vehicles only to a person who is: (1) the holder of a dealer's general distinguishing number; or (2) a foreign dealer authorized by a law of this state or interstate reciprocity agreement to purchase a vehicle in this state, without remitting the motor vehicle sales tax.

Width of Lot : The minimum lot width of lots having parallel side lot lines or diverging lot lines where the back of the lot is wider than the front shall be measured at the front building line. The minimum lot width of lots with fronts wider than the back shall be measured at the center of the lot.

Width of Side Yard : The mean horizontal distance between a sidewall of a building and the sideline of the lot.

Yard : All open space, other than a court, on a lot on which a building is situated and which is unobstructed from the ground to the sky, except for the ordinary projection of cornices and eaves.

Figure 1 Front, Side, Rear Yard Interior (Typical) Lot

Figure 2 Front, Side Yards Lot with Double Frontage, running from one street

Figure 3 Front, Side, Rear Yards Corner Lot

Figure 4 Front, Side, Rear Yards Corner Lot

Figure 5 Front, Side, Rear Yards Corner Lot

Figure 6

(Ord. No. 646, § 19(l), (2), 11-3-75; Ord. No. 801, § 2, 7-7-80; Ord. No. 912, § (8), 9-6-83; Ord. No. 1034, §§ 1, 11-18-85; Ord. No. 1565, § 2, 4-20-99; Ord. No. 1622, § 1, 11-18-00; Ord. No. 1658, § 6, 6-20-00; Ord. No. 1685, § 1, 11-7-00; Ord. No. 1815, § 1, 11-5-02; Ord. No. 1845, § 1, 8-5-03; Ord. No. 1875, § 1, 1-20-04; Ord. No. 2004, § 1, 11-21-06; Ord. No. 2025, § 1, 5-15-07; Ord. No. 2112, § 1, 4-20-10; Ord. No. 2143, § 1, 8-16-11; Ord. No. 2160, § 1, 10-18-11)