§ 50-2. Definitions.  


Latest version.
  • 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, nonresidential, means a subordinate building to the main building, the use of which is incidental and related to the main use and which is located on the same lot.

    Accessory building, residential, means a subordinate building detached from the main building and used for purposes customarily incidental to the residential occupancy of the main building and not involving the conduct of a business or the sale of a service. The term "accessory buildings" include, but is not limited to, an automobile storage garage, laundry room, garden shelter, hobby room and mechanical room.

    Accessory sign means a sign which is an accessory use of land and which directs attention to a business, product, activity or service which is conducted, sold or offered on the premises where the sign is located.

    Advertising sign means a sign which is a primary use of land (not accessory use) and which directs attention to a business, product, activity or service which is not necessarily conducted, sold or offered on the premises where the sign is located, such as an outdoor advertising sign or billboard.

    Airport or landing field means a landing facility for fixed wing aircraft containing a minimum of 60 acres and approved by the city as and aircraft landing, facility, subject to the Federal Aviation Agency's requirement of safety and applicant's securing air space utilization from the Federal Aviation Agency.

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

    Amusement, commercial indoor, means an amusement enterprise wholly enclosed in a building which is treated acoustically so that no noise of the enterprise is perceptible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.

    Amusement, commercial outdoor, means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including, but not limited to, a golf driving range, archery range and miniature golf course.

    Antique shop (enclosed) means an establishment offering for sale articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment; and when all such items displayed or offered for sale are housed within a building and there is no exterior display except the usual sign of advertising.

    Apartment means a dwelling unit in a multiple-family dwelling or apartment house arranged, designed, or occupied as a place of residence by a single-family.

    Apartment accessory uses means permitted uses accessory to an apartment building and shall include a recreation room, employee's washroom, a manager's apartment and office and laundry room. Any permitted recreation room shall be for the exclusive use of the tenants and their quests and no alcoholic beverage permit for the sale of such beverages shall be issued for such facility. When provided, an employee's washroom shall be accessible only to the outside of the apartment building and not through any other room in the building and the washroom shall be limited to a maximum of 30 square feet in floor area. The manager's apartment may be used as an office, but such facility shall be included in computations of lot area requirements. The laundry room may be used for clothes washing and drying facilities for the exclusive use of the tenants and no exterior advertising of such uses may be permitted.

    Apartment sign means an accessory sign promoting the sale or rental of apartments.

    Area of lot means the square foot area of a lot within the bounding property lines and exclusive of dedicated streets or alleys.

    Area regulations means the regulations controlling minimum lot area, lot width, lot depth, front yard, side yard, rear yard, coverage and floor area ratio.

    Art needlework means hand sewing, knitting or weaving of handicraft objects for sale or on a custom basis.

    Auto laundry means a facility for the washing and steam cleaning of passenger automobiles, including a self service operation, and which does not generate obnoxious conditions perceptible at the bounding property lines of the tract on which the facility is located.

    Bar, lounge, or tavern means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other beverages and where good service, if any, is secondary to the sale of such beer, wine or other beverages.

    Basement means that portion of a building between the floor and ceiling so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be counted in computing the number of stories.

    Bedroom means a room in an apartment other than a kitchen, dining room, living room, bathroom or closet. The term "bedroom" shall include extra kitchens, dining rooms, living rooms and all dens, game rooms, sunrooms or similar extra rooms.

    Block means an area enclosed by streets or, if said term is used as a term of measurement, it shall mean the distance along a side of a street between two intersecting streets, or to be measured between the nearest intersecting street and the end of such street.

    Boardinghouse or roominghouse means a building, other than a hotel or multiple-family dwelling, where lodging is provided for five or more persons for compensation, where meals may or may not be served and where facilities for food preparation are not provided in the individual rooms. Where meals are served, they shall be served only to the residents of the boardinghouse.

    Book, handicraft binding, means hand binding, on a custom basis, of books and similar documents.

    Building means any structure designed, built, or intended for the shelter or enclosure of persons, animals, chattels or movable property of any kind or for an accessory use. When separated by an absolute fire separation, each portion of such structure so separated shall be deemed a separate building. The term "building" shall include structures wholly or partly enclosed with an exterior wall.

    Building bulk means the relationship between the total mass of a building and the site on which it is located. As herein specified, the term "building bulk" refers to floor area ratio.

    Building ends means those sides of a building having the least dimension as compared with the front or rear of a building. As used herein for building spacing regulations for multiple-family dwellings, a building end shall be interpreted as being the narrowest side of the building regardless of whether it fronts upon a street, faces the rear of the lot, or is adjacent to the side lot line of another building.

    Building front means the side of a building having a greater length than the end. As used herein for building spacing regulations for multiple-family dwellings, a building front shall be interpreted as being the side of a greater length whether it fronts upon a street, facing the rear of the lot or is adjacent to the side lot line or other building.

    Building line means a line parallel or approximately parallel to the street centerline or street right-of-way line at a specified distance there from, marking the minimum distances from the street right-of-way line that a building may be erected. For existing buildings, the building line shall be the exterior wall or omitted wall line which is closest to the street.

    Building rear means the opposite side from the building front.

    Cabinet and woodworking shop (custom) means shop for the repair or creation of individual items of furniture and wooden home furnishings on a custom basis, not a factory, planning mill or similar woodworking plant.

    Carnival or circus (temporary) means a temporary traveling show or exhibition usually housed in tents, and which has no permanent structure or installation. Such temporary carnival or circus is subject to special authorization by resolution of the city council.

    Centerline, street or alley, means a line designating midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular, the centerline shall be determined by the director of public of works.

    Church or rectory means the place of worship and religious training of recognized religions including the on-site housing of minister, priests, rabbis, nuns and similar staff personnel.

    Cleaning shop (small custom shop) means a cleaning establishment for custom cleaning of individual garments only and not a bulk or commercial-type cleaning plant.

    Clinic, medical or dental, means facilities for examining, consulting with and treating patients including offices, laboratories and outpatient facilities but not including hospital beds and rooms for acute or chronic care.

    Clothing manufacturing and similar light manufacturing and assembly means operations involving cutting, sewing, forming and packing of garments and similar items and including the making of millinery and clothing accessories, but involving no obnoxious or hazardous materials or machinery.

    Club, private (business), means a clubroom or suite of rooms or a building available to restricted membership for meetings, dining and entertainment. Such facilities may include a private tennis court, swimming pool or similar recreation facilities, none of which are available.

    College, university or private school means an academic institution other than a public or parochial elementary or secondary school, including private elementary or secondary schools and institutions of higher learning.

    Commission means the planning and zoning commission as provided for in section 50-58.

    Community center, private, means a building or group of rooms designed and used as an integral part of a residential project or community unit development by the tenants of such a project for a place of meeting, recreation or social activity and under the management and unified control of the operators of the subject. A private community center shall not be operated as a place of public meetings, or as a business, nor shall the operation of such facility create noise, odor or similar conditions perceptible beyond the bounding property line of the project site, nor shall any alcoholic beverages permit be issued for such facility.

    Community center, public, means a building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the surrounding community.

    Community unit development, conforming housing, means a related group of residences and associated uses including a private community center which conform to the type of residences and uses which are permitted in the district in which the development is located and which are planned as an entity and subject to design, development, and regulation as a single related and unified residential development by a single owner or group of owners acting jointly. The area, density and site requirements on individual dwellings may vary from the standards of the district in which the community unit development is located but the overall density standards for the district shall be observed.

    Community unit development, variable housing, means a replaced group of residences and associated uses including a private community center which do not all conform in type and height to the residences and uses which are permitted in the district in which the development is located and which are planned as entity and subject to design, development, and regulation as a single owner or group of owners acting jointly. A specific use permit is necessary to allow the varied density and housing types proposed for a community unit development with variable housing.

    Construction sign means a temporary accessory sign relating to the promotion of new developments on the premises upon which the sign is located.

    Contractor or maintenance yard means an open storage yard for supplies and operational equipment, including buildings, but not constituting a junkyard, wrecking or salvage yard.

    Cottage unit means any fixed building, structure or part thereof located in a tourist court and used as sleeping quarters or a temporary dwelling place by one or more person living together as one family.

    Country club, private membership, means an area of 20 acres or more containing a golf course and a clubhouse and available only to a private membership but such a club need not contain a golf course to qualify as a country club. Such a club may contain as adjunct facilities, a private club and dining room, swimming pool, tennis courts and similar service and recreational facilities.

    Court means an open space bounded on more than two sides by the walls of a building.

    Court, inner, means a court entirely surrounded by the exterior walls of a building. Such walls may have openings for access, light and air.

    Court, outer, means a court having one side open to a street, alley, yard or other permanent open space.

    Coverage means the percent of lot area which is covered by a roof, floor or other structure and is not open to the sky. Roof eaves to the extent of two feet and ordinary projections from the building not exceeding 12 inches shall not be counted in computing coverage.

    Custom sewing and millinery means custom making of items of apparel and millinery, such as a seamstress, but not involving a factory.

    Dancehall or nightclub means an establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the city.

    Day nursery or kindergarten means an establishment where four or more children are left for care of training during the day or a portion thereof.

    Density means the relationship of dwelling units to rooms to the area of the lot or tract upon which a residential structure is located or erected.

    Development schedule means a chronological estimate of the rate and order of development.

    Doctor's or physician's office means a small office for examining and consulting with patients including necessary accessory facilities and occupied by not more than two doctors.

    Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as single living quarters and included facilities for food preparation and sleeping.

    Eating place with beer or wine means an establishment other than a bar, tavern or lounge where the primary activity is the sale and service of food to the customers and where beer and wine are served incidental to the serving of food.

    Eating place with dancing or entertainment means an establishment, the primary activity of which is the sale and service of food or beverage to customers and which incidentally may offer music, entertainment and facilities for dancing by patrons and so licensed by the city or state.

    Eating place with drive-in or curb service means an establishment, cafeteria, restaurant or inn where food service is offered and served to customers in automobiles.

    Engine or motor repair means a shop for the disassembly, rebuilding and repair of motor vehicle engines, electric motors, vehicle transmissions or other major components on an assembly line basis. General vehicle repair shall be classified as a repair garage.

    Family means:

    (1)

    An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and stepchildren and servants or the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic housekeeping unit in a dwelling unit; or

    (2)

    A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. The term "family" shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

    Farm accessory building means an accessory structure on a tract qualifying as a farm as herein defined for storage or housing the usual products and animals raised or maintained on a farm such as a barn, poultry house, stable, machinery shed or granary. No structure housing animals or poultry shall be located nearer than 100 feet to the bounding property lines of the farm tract.

    Farm, ranch, garden or orchard means an area of three acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep, including a private stable and also including the necessary accessory uses for raising, treating and storing products raised on the premises, and not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by city ordinance or law.

    Feed store, retail (livestock, no mill), means an establishment for the sale of grain, prepared feed and forage for pets, livestock and fowl, but not involving the grinding, mixing or commercial compounding of such items.

    Fix-it shop and appliance repair means a shop for the repair of household and home equipment, such as electrical appliances, bicycles, lawnmowers, tools and similar items where all such items are stored within a building or storage area surrounded by a sold fence, wall or screen as defined in section 50-587.

    Flashing sign means a sign or part thereof operated so as to create flashing, changes in light intensity, color or copy; or intermittent light impulses more frequently than one in every four seconds.

    Floor area means the total square foot area of all floors in the building measured to the outside faces of exterior walls or to the line of an omitted wall, whichever included the largest area.

    Frontage, lot, means the length of street frontage between property lines or lease lines.

    Frontage, street, means the length of all property on one side of a street between two intersecting streets measured along the line of the street, or if the street is dead-ended, then the length of all property abutting on one side between an intersecting street and the end of the dead-ended street.

    General business sign means an accessory sign which directs attention to a business, profession, service, product or activity conducted, sold or offered on the premises where such sign is located.

    Golf course, commercial, means a golf course, privately owned but open to the general public for a fee and operated as a commercial venture.

    Golf course, public, means a golf course owned or controlled by a public agency such as the municipal park department and operated for the benefit of the public.

    Grade means the average elevation of the highest and lowest elevations measured at the finished surface of the ground at any of the exterior corners of the building or structure.

    Guesthouse, detached, means a secondary structure on a lot or tract containing dwelling accommodations but excluding kitchen facilities and separate utility services or meters and intended for the temporary occupancy by quests and not for rent or permanent occupancy.

    Height means the vertical distance measured from the grade to:

    (1)

    The highest point of any flat roof surface;

    (2)

    The top deck line of mansard roofs;

    (3)

    The mean height level between eaves and ridge or hip and gable roofs; or

    (4)

    The top of any elevator, penthouse or bulkhead, mechanical equipment room, cooling tower, tank or ornamental cupola and dome or other structure erected on the roof of a building.

    Heliport means a landing facility for rotary wing aircraft not exceeding a gross weight of 12,500 pounds, but not including fueling or servicing facilities for such craft and subject to approval by the city and subject to the Federal Aviation Agency's requirement of safety and applicant's securing air space utilization from the Federal Aviation Agency.

    Home occupation means an occupation customarily carried on in the home by a member of the occupant and his family, being incidental to the primary occupancy of the home as a dwelling, without the offering, display, or advertising of any commodity or service for sale on the premises; without the employment of any person other than a member of the immediate family; without the use of any sign lighting or display; without the use of other than normal domestic or household equipment or appliances, and the conduct of which does not generate noise, odor, fumes, vibration or any other condition visible, noxious or detrimental to abutting or adjacent properties.

    Hospital, chronic care, means an institution where those persons suffering from general permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis and which is licensed by the state.

    Hospital, general acute care, means an institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the state.

    Hotel or motel means a building or group of buildings designed and occupied as a temporary biding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of 20 individual guestrooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture and the accommodations shall also be designed as permanent dwelling units.

    Industrialized housing. See "modular home" below.

    Institution for care of alcoholic, narcotic or psychiatric patient means an institution offering resident or outpatient treatment to alcoholic, narcotic or psychiatric patients. In residential districts where such uses are possible by specific use permit approval, a minimum site of 20 acres shall be required.

    Institution of a religious, charitable or philanthropic nature means buildings, grounds and activities sponsored or operated by organizations established for religious or philanthropic purposes including orphans' homes, homes for the aged, resident homes for the indigent or handicapped, training and educational facilities and similar establishments.

    Institutional sign means an accessory sign relating to a church, school or other public institution.

    Institutional use means schools, churches, colleges, lodges, hospitals, convents, welfare homes and similar establishments.

    Laboratory, manufacturing, means operation involving the compounding of products such as perfumes, pharmaceutical and the development and assembly of instruments and similar items.

    Laundry or dry cleaning, self-service, means an establishment providing facilities for washing or dry cleaning garments and similar items and where the customer may personally supervise and handle cleaning operation.

    Legal height means the maximum height of a building imposed by this chapter or any other ordinance which is effective.

    Library, art gallery or museum (public), means any institution for the loan or display of books, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

    Light fabrication and assembly processes includes, but is not limited to, the manufacture of jewelry, trimming decorations, signs, electronic controls, and any similar item not involving the generation of noise, odor, vibration, dust or hazard.

    Local transit station or turnaround means a shelter or building for accommodation of local transit patrons or an off-street turnaround or standing area for passenger loading.

    Local utility line means the usual electrical power, telephone, gas, water, sewer and storm drainage lines designed and constructed by the municipality with urban type services.

    Lot means land which is occupied or intended to be occupied by a building and its accessory building and including such open spaces as are required under this chapter and having frontage on a dedicated street.

    Lot, corner, means a lot situated at the intersection of two dedicated streets and having frontage along both streets extending from the intersection.

    Lot, double frontage, means a lot having frontage on two or more dedicated streets other than a corner lot.

    Lot line, interior, means a lot line delineating the division between two contiguous lots on the interior of a block and not adjacent to a street.

    Lot lines means the property or lease lines bounding a lot as defined herein.

    Lot, percentage of, means the determination of any percentage of a lot, such as the rear 50 percent shall be done by finding the point on each side lot line which corresponds to that percentage of the length of such line and connecting the two points. The area so delineated shall be interpreted as representing that portion of the lot specified.

    Lot record means a lot which is part of a subdivision plat which has been recorded in the office of the county clerk.

    Lot width means the width of a lot at the required front yard line or at the building line if such is established at a greater distance from the street than the required front yard line.

    Main building means the building on a lot which are occupied by the primary use.

    Maintenance and home repair shop (no outside storage) means a building housing the facilities and equipment of a home repair or maintenance service but not including the storage of building material, junk or similar commodities in the open, unenclosed.

    Manufactured housing means HUD-code manufactured homes built after June 1976, as defined by V.T.C.A., Occupations Code § 1201.003.

    Manufactured housing park means a tract or parcel of land used to accommodate manufactured housing as a semi-permanent place of residence. Such a park may be in single ownership with trailer stands for lease.

    Manufactured housing sign means an accessory sign identifying the name and address of a manufactured housing park and promoting the sale or rental of manufactured home sites.

    Manufactured housing subdivision means a tract or parcel of land developed, platted and filed for record, approved by the city council, to accommodate manufactured housing as a permanent place of residence on individually owned lots.

    Mobile home means any non-HUD-code housing manufactured prior to June 1976, as defined by V.T.C.A., Occupations Code § 1201.003.

    Modular home (industrialized housing) means a home constructed in modules placed on a permanent foundation.

    Industrialized (modular) housing may be permitted subject to the following conditions:

    (1)

    All industrialized housing must have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located.

    (2)

    All industrialized housing must be exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located.

    (3)

    All industrialized housing must comply with all building setbacks and sit requirements of the applicable zoning district; and

    (4)

    All industrialized housing must be securely fixed to a permanent foundation.

    (5)

    The terms "value" and "compatible" shall have the following meanings:

    a.

    "Value" shall mean the taxable value of the industrialized housing and the lot after the installation of the housing.

    b.

    "Compatible" shall mean that the exterior siding roofing, roof pitch, foundation fascia and fenestration of the proposed industrialized housing must match or be indistinguishable from the majority single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located.

    (6)

    Any owner or authorized agent who intends to construct, erect, install, or move any industrialized housing into the city shall first make application and obtain the required permits. In addition to any other information otherwise required for said permits, the application shall:

    a.

    Identify each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located by address, lot and block number and show the taxable value for each such dwellings and determined by the most recent certified tax appraisal roll for the county in which the properties are located;

    b.

    Describe and provide front view photographs of the exterior siding, roofing, roof pitch, foundation fascia, and fenestration for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located;

    c.

    Describe the permanent foundation and method of attachment proposed for the industrialized housing;

    d.

    State the taxable value of the industrialized housing and the lot after installation of the industrialized housing; and

    e.

    Indicate the deed restrictions otherwise applicable to the real property on which the industrialized housing is to be located.

    (7)

    A person is in violation of this chapter if the person:

    a.

    Fails to make an application for permit as required by this section; or

    b.

    Constructs, erects, installs or moves any industrialized housing into the city which does not comply with this subsection.

    Moving sign means a sign or any part thereof which moves, rotates, or gives the perception of motion.

    Multiple-family dwelling means 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 of three or more families.

    Nameplate sign means an accessory sign identifying the name and address of the owner or occupant.

    Nonresidential identification sign means an accessory sign advertising a nonresidential use which may be permitted in a residential zone or which may be approved by specific use permit.

    Nursing home or residence home for the aged means a place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.

    Occupancy means the purpose for which a building is used or intended to be used. A change of occupancy is intended to include a change of tenants or proprietors.

    Off-street parking incidental to main use means off-street parking spaces provided for an accessory to a main use located on the same lot or tract as the main use or within 300 feet as specified in sections 50-542 through 50-555 and located within the same district as the main use.

    Omitted wall line means a line enclosing the exterior vertical elements of a structure or the outer edge on any floor, deck, balcony, walkway, bridge, stairway or other such structures as may cover the land contrary to the term "open space." In the case of structures composed of a roof and open sides, the omitted wall line is the exterior line of such roof. For ordinary roof eaves, the omitted wall shall be two feet inside of the eave line.

    One-family dwelling, attached, means a dwelling unit on a separately owned lot which is joined to another dwelling unit on one or more sides by a party wall or abutting separate walls and occupied by not more than one family.

    One-family dwelling, detached, means a detached building having a single dwelling unit and occupied by not more than one family.

    Open space means an area on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices and eaves.

    Open storage, no enclosure, means storage in the open of vehicles, machinery or any equipment of commodity, where permitted as a primary use of land and accessory storage in the open of commercial and industrial products where such storage is no enclosed by a fence, wall or building.

    Open storage, visual screen, means the permitted storage of any equipment or commodity in an open area which is enclosed by a fence or wall meeting the specifications herein contained or as established by the city, or surrounded by a building so as to create an effective visual screening of the storage from the adjacent property.

    Openings for light and air means any windows, window walls or glass panels located in the building, but not including doors which are used only for ingress and egress.

    Park or playground (public) means an open recreation facility or park owned or operated by a public agency such as the municipal park department or school board, and available to the general public. This term shall include such uses as stadiums, field houses, and customary accessory uses.

    Permanent community open space means parks, school playgrounds, community centers, golf course, parkways, water areas or similar areas which are dedicated to the city or which are created as private open space under a permanent agreement for maintenance and responsibility which agreement is accepted by the city council and approved by the city attorney.

    Pet shop, small animals and birds, means facilities for the display and sale of small animals and birds as pets, such as dogs, cats, parakeets or canaries, but not involving the boarding or treating of dogs or similar pets.

    Radio, television or microwave towers means structures supporting antennae for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antennae installations for home use of radio or television.

    Railroad team track means a siding for the spotting and unloading or loading of box cars or other railroad cars and which area is connected to a public street by a drive for access.

    Real estate sign means a temporary accessory sign pertaining to the sale or rental of the property on which the sign is placed and advertising the property only for a use for which it is properly zoned.

    Recreation club or area, private, means a building, park or recreation area, the use of which is restricted to a private membership such as by a church, neighborhood association, fraternal or social organization and which may contain the normal active and passive facilities as provided in a public park or playground.

    Retail or service use incidental to main use means a special sales or service use permitted as part of a residential development or building as indicated on the permitted use listing.

    Retail stores and shops other than listed means any establishment not listed in the permitted use listing, offering consumer goods for sale except those uses specifically excluded and listed in other districts.

    Salvage yard, outside, means an open yard for the receiving, sorting, storage or packing of paper, rags, glass, boxes and similar commodities.

    Servant or caretaker's quarters means living quarters for persons employed on the premises only and not for rent or use as a separate domicile for other than person employed on the premises and with no separate utility meters. Such facilities may be located in the main structure or in an accessory building located on the lot with a main residential structure.

    School, business, means a business operating for profit and offering instruction and training in a service or art, such as a secretarial school, barber college, commercial art school, but not including a manual trade school.

    School, commercial trade or craft, means a business operating for profit and offering instruction and training in a trade such as welding, bricklaying, machinery operation and other similar manual trades.

    School, public or denominational, means a school and customary accessory uses under the sponsorship of a public or religious agency having a curriculum generally equivalent to public, elementary or secondary schools, but not including private, trade or commercial schools.

    Sign means any structure or object which is placed, arranged, colored, designed or constructed for the purpose of advertising or attracting attention to a building, business, product, activity or service.

    Special height sign means an accessory sign of the general business type which is higher than other permitted signs.

    Stable, commercial, means a structure housing horses which are boarded or rented to the public or any stable other than a private stable; but not including sales barn, auction or similar trading activity.

    Stable, private, means an accessory building for quartering not to exceed four horses on a farm or lot when set back from adjacent property lines a minimum distance of 100 feet.

    Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

    Street means any thoroughfare other than an alley and not less than 60 feet in width, which has been dedicated to the public for public use and which affords primary access to abutting property.

    Street line means a dividing line between a lot, tract or parcel of land and a continuous street.

    Structure means a structure shall be interpreted the same as a building, but shall, in addition, include such items as a freestanding ground sign and pylon when erected on a base and not made integral with a building.

    Studio display of art or decorators objects means display rooms and accessory offices for the display of art objects, fabrics and similar items which may be supplied to the clientele of the operator, but not involving a direct retail shop.

    Studio, drama, speech or dance, means a building or rooms in a building used for the instructing, coaching or counseling in drama, speech, dance or similar personal skills or arts.

    Swimming pool, private, means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located and fenced in accordance with the standards and regulations of the city. Such private swimming pool shall not be operated as a business nor maintained in such a manner as to be hazardous or obnoxious to adjacent property owners.

    Telephone exchange, switching and transmitting equipment only, means a switching or transmitting station owned by a public utility but not including business office facilities, storage or repair shops for yards.

    Temporary field or construction office means temporary office, building material storage areas to be used solely for construction purposes in connection with the property on which structures are being erected may be permitted for a specified period of time in accordance with a permit issued with the approval of the city manager.

    Trailer stand, transient, means a parking place for a manufactured housing unit together with the necessary yards and parking space required.

    Two-family dwelling means a detached building having two dwelling units and occupied by not more than two families.

    Use, nonresidential, means any use other than a single-family or two-family residence or roominghouse and bona fide accessory uses as listed in section 50-510.

    Use, residential, means a single-family, two-family or multiple-family residence together with bona fide accessory uses as listed in section 50-510.

    Use, retail or commercial, means any use listed or similar to a use listed in section 50-510.

    Utility installation, public or private, not listed, means any public or private utility franchised or approved by the city, such as closed circuit television or steam distribution or other similar utility not specifically covered by the uses listed.

    Wall, exterior, means the exposed or outermost wall of the structure.

    Warehouse or covered storage means a building or group of buildings providing shelter for commodities stored therein. No open or unenclosed storage shall be classified as a warehouse.

    Water standpipe or elevated storage means any public or private structure for the storage above ground of water for distribution or protection purposes.

    Welfare or health center means a community service where assistance in welfare and health problems is provided by a public or municipal agency for the benefit of residents of the area.

    Wrecking yard, junkyard and salvage yard means a yard or building where automobiles, machinery, appliances or other used commodities and equipment are stored, dismantled and/or offered for sale as whole units or as salvaged parts.

    Yard means an open space on the lot on which a building is situated and which is open and unobstructed to the sky.

    Yard, required front, means a yard facing and abutting a street and extending across the front of the lot between the side lot lines and having a minimum horizontal depth measured from the street equal to the depth of the minimum front yard specified for the district in which the lot is located. The required front yard line represents the line in front of which no building or structure may be erected.

    Yard, required rear, means a yard, except for accessory buildings as herein permitted, extending across the rear of the lot between side lot lines and having a minimum depth measured from the rear lot line as specified for the district in which the lot is located.

    Yard, required side, means a yard located in a lot and extending from the required rear yard and having a minimum width measured from the side lot line as specified for the district in which the lot is located. Any lot line which is not a rear or front lot line shall be deemed a side lot line. Where a lot has only three lot lines, those lot lines which do not front upon a street shall be deemed side lot lines.

    Zoning district means a classification within which the regulations specified herein are uniform and which is assigned to a particular area of the city by delineation upon the zoning district map which is a part of this chapter.

    Zoning district map means the official, certified map, or maps, upon which the boundaries of the various zoning districts are shown and which are an integral part of the zoning ordinance from which this chapter is derived and together with this zoning text make up the zoning ordinance for the city.

    Zoning district, nonresidential, means the nonresidential zoning district that shall be considered to be the districts designated as C-1, PD, I-1 and I-2.

    Zoning district, residential, means the residential zoning district that shall be considered to be the districts designated as R-1, R-2, R-3 and MH.

(Ord. No. 94-1097, § 6-1100, 9-26-1994; Ord. No. 95-1106, 6-21-1995; Amend. to Ord. No. 08-1175, 5-12-2014)