§ 116-1. 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 secondary residence, garage, or other building or structure subordinated to and not forming an integral part of the main or principal building on a parcel but pertaining to the use of the main building.

Alley means a narrow thoroughfare dedicated or used for public passageway up to 20 feet in width, which usually abuts the rear of the premises, or upon which service entrances or buildings abut, is not generally used as a thoroughfare by both pedestrians and vehicles, is not used for general traffic, and is not otherwise officially designated as a street. A way which affords only a secondary means of access to abutting property.

Board of zoning appeals means an appointed board by the city council whose duties are to hear and decide zoning appeals, special exceptions and variances in a manner that conforms to the requirements of the zoning ordinance.

Buildable area means that portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district within which the particular lot is located, once the various front, side and rear yard requirements required for the district have been subtracted from the total lot area.

Building and zoning inspector means any person hired by the city to inspect, determine compliance with, and render minor decisions concerning the compliance of structures and lots within the city to the ordinances of the city.

Building line means a line delineating the minimum allowable distance between the street right-of-way and nearest extreme projection of a building (including all areas covered by any vertical projections to the ground or overhang, walls, roof, or any other part of the structure).

Building site means the ground area of a building together with all open spaces surrounded by said building.

Buildings means any structure having a roof entirely separated from any other structure by space or walls, having no communicating doors or windows or any similar opening, and being erected for the purpose of providing support or shelter for persons, animals, things or property of any kind, and having a foundation to which it is anchored.

Certified survey means a survey, sketch, plat, map, or other exhibit which is said to be certified when a written statement regarding its conformity to specified standards is signed by the specified professional engineers, registered surveyor, architect, or other legally recognized person.

Density means the number of units or buildings per acre, the number of people per unit, building, acre or mile, or the quantity of people, structures, or units within a specified area.

Easement means a grant to the general public, a corporation, or a certain person of a strip or a parcel of land for use for a specific purpose. No construction of any kind is permitted in or upon easements except that required in connection with the designated use.

Engineer means any person having an acceptable degree from a recognized institution of higher learning who is capable of determining the correct manner in which to construct roads, streets, highways, water and sewerage systems, drainage systems, structures or other technical related areas. The person to be a municipal engineer must be recognized by the state as one.

Family means one person, or a group of two or more persons living together, interrelated by bond or consanguinity, marriage or legal adoption occupying a dwelling unit designed as a single-family unit, with a single set of kitchen facilities. The person thus constituting a family may also include gratuitous guests and domestic servants.

Floodprone area means the land that is usually flooded whenever a rise in the water level is experienced. That land adjacent to a creek, stream, river, channel, canal or other bodies of water that is designated as a floodplain or floodprone area by a governmental agency.

Group development means a development comprising two or more principal structures, whether in single, condominium or diverse ownership built on a single lot, tract or parcel of land and designed for occupancy by separate families, firms, businesses or other enterprises. Such development generally contains parcels or tracts of land in common and such land is controlled and maintained through a property owners' association or similar group.

Lot means a parcel of land shown on a recorded plat or on the official county zoning maps, or any piece of land described by a legally recorded deed. See Exhibit A for illustration of different type lots.

Lot area means the total area of the lot including easements.

Lot, corner, means any lot situated at the junction of and abutting on two or more intersections or intercepting streets or public highways. If the angle of intersection of the direction lines of two highways is more than 135 degrees, the lot fronting on said intersection is not a corner lot.

Lot, double frontage, means a lot having frontage and access on two or more public streets. A corner lot shall not be considered having double frontage unless it has frontage and access on three or more streets.

Lot, interior, means any lot which is not a corner lot that has frontage only on one street other than an alley.

Lot line, front , means, in the case of a lot abutting upon only one street, the line separating such lot from such street. In the case of a corner lot, that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of any other lot, one such line shall be elected to be the front lot line for the purposes of this chapter, provided it is so designated by the building plans which meet the approval of the building and zoning inspector.

Lot line, rear , means that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, or any odd-shaped lot, the rear lot line shall be determined by the building and zoning inspector.

Lot line, side , means any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot, reverse frontage , means a lot having frontage on two or more public streets, the access of which is restricted to one street.

Metes and bounds description means a method of property description whereby properties are described by means of their direction and distances from an easily identifiable location or point.

Mobile home means a non-self-propelled vehicle or conveyance, permanently equipped to travel upon the public highways, that are used either temporarily or permanently as a residence or living quarters. Such unit shall be considered a mobile home whether or not set on jacks, skirts, masonry blocks or other foundation.

Plat means a map showing the features of a proposed subdivision (lot split, metes and bounds description). This plat would show the entire tract, and the lot which is to be subdivided, the adjacent properties and owners, roads or streets, and giving all necessary bearings and distances for the proposed split.

Plat, final , means the map, plan or record of a subdivision, and any accompanying materials, as described in article II, division 3 of this chapter.

Plat, preliminary , means a map showing the salient feature of a proposed subdivision, including topographical data, submitted for purposes of preliminary consideration.

Principal building means the building situated or to be placed nearest the front property line and the use of which conforms to the primary use permitted by the zone classification in which it is located.

Public use means use of any land, water, or building by a municipality, public body or board, commission or authority, county, state or the federal government, or any agency thereof for a public service or purpose.

Regulatory flood means a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The regulatory flood generally has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.

Reserve strip means a strip of land adjacent to a public street or similar right-of-way which has been reserved for the purpose of controlling access to the public way.

Residential or residence applies herein to any lot, plot, parcel, tract, area, or piece of land and/or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein.

Right-of-way lane means the outside boundaries of a highway right-of-way, whether such right-of-way be established by usage, dedication or by the official right-of-way.

Setback means the minimum horizontal distance between the right-of-way line, rear or side lines of the lot and the front, rear or side lines of the building. When two or more lots under one ownership are used, the exterior property line so grouped shall be used in determining offsets.

Site means an area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed.

Street means a public right-of-way affording primary access to abutting property. For the purposes of these regulations, the term shall also mean avenue, boulevard, road, lane, and other public ways. See Exhibit B for illustration of different types of streets.

Street, arterial , means a street of exceptional continuity that is intended to carry the greater portion of through traffic from one area of the city to another. All streets with this designation shall be included on the thoroughfare plan element of the county comprehensive plan.

Street, collector , means those streets which are neither local streets nor arterial streets. Their location and design are such that they are of exceptional continuity; serve as routes passing through residential areas; and serve as a means of moving traffic from local streets and feeding it into arterial streets.

Street, cul-de-sac , means a short local street having but one end open for vehicular traffic, the opposite end being terminated with a permanent turnaround.

Street, dead-end , means a street not intersecting with other streets at both ends, and distinguished from a cul-de-sac by not being terminated by a vehicular turnaround.

Street, local , means streets which provide only access to adjacent properties and by nature of their layout do not serve vehicles passing through the area with either origin or destination within the area.

Street, marginal access , means a minor service street which parallels and is immediately adjacent to an arterial street (frontage road).

Street width means the shortest distance between the lines delineating the right-of-way of a street.

Structure means anything constructed or erected, the use of which requires rigid location on the ground or attachment to something having a permanent location on the ground; provided, however, that utility poles, fences and walls (other than building walls) shall not be considered to be structures.

Subdivider means any person who divides for sale, rent or lease or develops any land deemed to be a subdivision as herein defined.

Subdivision means all divisions of a tract or parcel of land for residential purposes, whether immediate or future, of sale, legacy, or building development and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, to the process of subdividing or to the land or area subdivided; provided, however, that the following exceptions are included within this definition only for the purpose of requiring the city council be informed and have record of such subdivisions:

(1)

The combination or recombination of portions or previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the city.

(2)

The division of land into parcels of five acres or more where no new street is involved.

(3)

Plats of such exceptions shall be received as information by the city council, which shall indicate such fact on the plats.

Surveyor means a person who determines or delineates the form, extent, position, distance or shape of a tract of land by taking linear and angular measurements, and by applying the principles of geometry and trigonometry.

Use means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

Waterfront means any site which shall be considered as waterfront property provided any or all of its lot lines abut on or are contiguous to any body of water including creek, canal, river, or any other body of water, natural or artificial, including marshland but not including a swimming pool, whether said lot line is front, rear, or side.

Yard means an open space on the same lot with a building; said space lies between the building and nearest lot or street line. See Exhibit C for illustration of different types of yards.

Yard, front , means that area of open space to the front of the platted lot, the area immediately adjacent to the street side of the lot. If streets bound on two sides of the lot, the narrower portion fronting on a street shall be declared the front. See Lot lines, front .

Yard, rear , means that area of open space that is opposite the area delineated as the front. That area of greatest distance from the street. See Lot lines, rear .

Yard, side , means that area of open space that is immediately adjacent to the side lot lines. See Lot lines, side .

Zoning ordinance means an officially adopted ordinance that regulates the manner, type, size and use to which a piece of property may be put.

(Subd. Regs. § 3.2; Ord. No. 2018-02 , § 1, 4-10-2018)