02.400 DEFINITIONS

Intent It is the intent of the city council to define certain words and phrases as a means of facilitating understanding of terms which may not be universally understood in the sense that the town board intends that they should be understood. Agriculture Agriculture shall mean the growing of soil crops in the customary manner in the open. It shall not include livestock raising activities, not shall it include retailing of products on the premises. Apartment House (Multiple Dwelling) Any building or portion thereof which is designed, built, rented, or leased, let or hired to be occupied or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking within the premises. Boarding House – Lodging House A building containing not more than one kitchen, where for compensations, meals are provided to previous arrangements on a daily, weekly, or monthly basis as distinguished from a motel, café, or rooming house. Building Any structure built for the support, shelter, or enclosure of person, animals, chattels, or property of any kind. A. Building, accessory A subordinate building, the use of which is incidental to that of the main building. B. Building, main C. One or more of the principle buildings upon a lot. Building, line A line designating the minimum distance which buildings must be set back from a street or lot line. Carport A structure not completely enclosed by walls for the shelter of automobiles. Clinic A building used for the diagnosis and treatment of ill, infirm, and injured persons, but which building does not provide board, room or regular hospital care and services. Club A building used, occupied, and operated by an organized association of persons for social, fraternal, religious, or patriotic purpose, whose activities are confined to the members and their guests, but shall not include any organization, group or associations the principle activity of which is to render a service usually and ordinarily carried on as a business. Common Area An area designed to serve two or more dwelling units or separate uses with convenient access to the area. 02.0410 Comprehensive Plan A coordinated plan, which has been prepared and adopted for the purposes of guiding development, including, but no limited to, a plan or plans of land use, circulation, housing and public facilities and grounds. Conditional Use Generally, a use which required approval of the planning commission, board of adjustment, or city council before the zoning administrator may issue a permit therefore. Uses which require individual consideration of surrounding conditions and circumstances to carry out the intent and purpose of the land use plan. A use for which a conditional use permit is required by this Ordinance. Convalescent Home See “Rest Home” Curb Cut A cut in the curb line for the passage of vehicles. Density Density of population measured by the number of dwelling units per acre of land. Drive-in-retail Any form of merchandising, serving, or dispensing of goods in which the customer is served while in his automobile. 02.0416 Dwelling A. Dwelling Units One of more rooms in a building designed for living purposes, having one kitchen or set of cooking facilities, and an independent water closet and bathing facilities. B. Dwelling, One Family A building containing one (1) dwelling unit which is designed for or occupied by one (1) family. C. Dwelling – Two Family A building containing two (2) separate dwelling unit, each of which is designed for or occupied by one (1) family. D. Dwelling, Multi Family A building containing three (3) or more separate dwelling units each of which is designed for an occupied by one (1) family. E. Dwelling, Caretaker’s A dwelling which is occupied by a person whose function is to watch or take care of a business or industry which is located on the same premises as the dwelling. F. Dwelling, Bachelors A dwelling unit which is occupied by four (4) or more non-related adults. 02.0417 Family An individual or two or more persons related by blood, married or adoption, living together in a single dwelling unit and maintaining a common household. A family may include two, but not more than two non-related persons living as guests with the residing family. The term family shall not be construed to mean a group of unrelated individuals, a fraternity, club or institutional group. Fence, Sight-Obscuring A fence having a height of at least six (6) feet above grade which permits vision through not more than two percent of each square foot more than eight (8) inches above ground. Floor Area The floor area of a building is the sum of the areas of several floors of the building, including basement, mezzanines, and penthouses, of headroom height, measured from the exterior walls or from the center line of walls separating buildings. The floor area does not include unoccupied features such as pipe trenches, exterior terrace, or steps, chimneys, roof overhangs, etc. Fractional Numbers or Measurements In determining the requirement of this Ordinance, whenever a fraction of a number or a unit is one-half or more, and whenever a fraction of a number or a unit resulting from a computation is one-half more, said fraction shall be considered as a whole number or a unit, where the fraction is less than ½, said fraction shall not be included in determining requirements. Garage, Private A building or part thereof designed for the parking or temporary storage of automobiles of the occupants of the premises. Grade A. For buildings fronting one street only – the elevation of the sidewalk or center line of a street, whichever is higher, at right angles to the mid-point of the fronting wall. 02.0423 B. For building, fronting more than one street – the average of the elevations of the sidewalk or center line of street, at right angles to the mid-point of the fronting walls. C. For buildings having no wall fronting the street – the average level of the sidewalk or center line of surrounding streets, whichever is higher. Height of Building The vertical distance from the grade to top of the building walls. Where the building walls vary in height along a side, the height of the buildings shall be determined by multiplying the length of each sections of said wall by its heights and dividing the sum derived there from by the total length of said wall. Home Occupation Any occupations conducted within a dwelling and carried on by persons residing in the dwelling. Junk Yard A place where scrap, waste, discarded, or salvaged materials are bought, sold, exchanges, baled, packed, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing operations conducted on the premises. Kennel Land or building used in the keeping of four or more dogs over four months old. 02-0427 Landscaping Landscaping shall mean some combination of planted trees, shrubs, vines, ground clover, flowers, or lawns. In addition, the combination or design may include rocks and such structural features as fountains, pools, art works, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this Ordinance. The selected combination of objects for landscaping purposes shall be arranged in a harmonious manner as determined by the zoning administrator. Land Use Plan A plan adopted and maintained by the city council which shows how the land should be used – an element of the master plan. Livestock Corral A place or pen where livestock are kept on a seasonal basis as part of an agricultural enterprise or operation as distinguished for a livestock feed yard. Living Open Space Living open space is that portion of the yards on a zoning lot which is not used by automotive vehicles, but reserved for outdoor living space, recreational space, and landscaping. Lodging House See “Boarding House”. Lot A single parcel or tract of land. A. Lot, corner A lot situated at a junction of two public streets or situated on a curved street or way the radius of which is thirty-five (35) feet or less and where the angle formed by the intersection of the tangent is one hundred five (105) degrees or less. 02.0433 B. Lot, interior A lot other than a corner lot. C. Lot of Record A lot designed on a subdivision plat or deed, duly recorded pursuant to the statue in the county recorder’s office. A lot of record may or may not coincide with a zoning lot. D. Lot, zoning A parcel of land, composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setbacks, and any other requirements set forth in this Ordinance. Manufactured Home A dwelling unit which meets the building code for permanent structures designed to be transported after fabrication and which is ready for occupancy as an independent unit except for connection to utilities and location on a foundation. Mobile Home Shall mean a dwelling unit designed to be transported, after fabrication, on its own wheels or on detachable wheels and which is ready of occupancy as an independent dwelling unit except for connection to utilities and/or location on a foundation. The term “mobile home” shall not include conventional houses which are manufactured elsewhere and moved into an area for use as permanent housing. Mobile Home Park An area or tract of land used to accommodate two or more mobile homes. 02.0436 Non-Conforming Building A building, structure, or portion thereof, which does not conform to the regulations of this Ordinance applicable to the zone or district in which such building is situated but which was in existence on the effective date of this Ordinance. Non-Conforming Use A use of premises which does not conform to the regulations of this Ordinance, but which was in existence on the effective date of this Ordinance. Nursery, Day Care A home or building in which children are tended or kept for compensation. Does not include overnight accommodations for such children as does a foster home or an orphanage. Parking Space Space within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle, not less than twenty (20) feet in length and not less than eight and five-tenths (8.5) feet in width. Rest Home – Nursing Home – Convalescent Home A building for the care and keeping of elderly or infirm people affected with infirmities or chronic illness. Salvage Yard See “Junk Yard”. Setback The shortest distance between the property line and the foundation wall, or main frame of the building. 02.0443 Sign Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public but not including a flag pole. A. Sign, Accessory A sign which directs attention to a business or profession conducted on the premises. B. Sign, Area of The area of a sign shall be considered to include all lettering, wording and accompanying designs or symbols together with any background material whether painted or applies. Where a sign consists of individual letters attach to or painted on a building or wall or window the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letter of symbols. C. Sign, Non-Accessory – Billboard A sign which directs attention to a business, commodity, service, or entertainment, conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises, if at all. Special Exception – Conditional Use A use which is not specifically permitted in a zone, such as an industrial use in a residential zone, but which is permitted as a special exception to the ordinance subject to compliance with conditions prescribed by the Board of Adjustment. Street - Major One of the principal thoroughfares, as shown or designated on the Master Street Plan. 02.0446 Street - Minor Any dedicated street serving as the principal means of access to property, which street is not shown in the Master Street Plan, as a principal thoroughfare. Recreational Vehicle A vehicle with or without self power or maintained primarily as a temporary dwelling for travel, vacation, or recreation purposes and having a width of eight (8) feet or less. This includes, but is not limited to, a travel trailer, truck camper, camping trailer, and motor home. Recreational Vehicle Court An area or tract of land used to accommodate two or more recreational vehicles. Variance A waiver of specific regulations of this Ordinance granted by the Board of Adjustments in accordance with the provisions set forth in this Ordinance for the purpose of assuring that no property of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same zone. Yard An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this Ordinance. A. Yard – Front The minimum horizontal distance between the street line and the front line of the building or any projection thereof, excluding non- enclosed steps. On a corner lot, the front yard may be applied to either street. 02.0500 B. Yard – Rear An open, unoccupied space on the same lot as a building, measured from the rear line of the building (exclusive of steps) and the rear lot line, and extending from the entire width of the lot. In case of the corner lot where the building façade faces on the side street, the rear yard may be established from the side of the house to the side property line. C. Yard , Required The open space around buildings which is required by the term of this Ordinance. D. Yard, Side A yard between the building and the side line of the lot and extending from the front yard to the rear yard.