The zoning regulations and districts herein established have
been made in accordance with a comprehensive plan for the purpose
of promoting the health, safety, morals, and the general welfare of
the city. They have been designed to lessen the congestion in the
streets; to secure safety from fire, panic, and other dangers; to
provide adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; to facilitate the adequate
provisions of transportation, water, sewerage, schools, parks, and
other public requirements. They have been made with reasonable consideration,
among other things, for the character of the district and its peculiar
suitability for particular uses, and with a view of conserving the
value of buildings and encouraging the most appropriate use of the
land throughout the city.
(1977 Code, sec. 13-11)
For the purposes of this article, certain terms or words used
herein shall be interpreted as follows:
In a residential district, a subordinate building, attached
to or detached from the main building, without separate utilities,
not used for commercial purposes, and not rented, and containing servant’s
quarters, a washroom, a storage room for domestic storage only, and
space for one or more automobiles.
In other districts, a subordinate building, the use of which
is incidental to and used only in conjunction with the main building.
A use subordinate to the principal use of a building or a
lot and serving a purpose customarily incidental to the principal
use.
Any person who can show certified written proof that he is
acting for the property owner.
A public or private way not more than 30 feet wide affording
only secondary means of access to abutting property.
A room or suite of rooms in an apartment house arranged,
designed, or occupied as a residence by a single family, individual,
or group of individuals.
Any multiple-family dwelling or building or portion thereof,
which is designed, built, rented, leased, or hired out to be occupied
as the house or residence of three or more families living independently
of each other and maintaining separate cooking facilities.
A story whose floor is more than 12 inches, but not more
than half of its story height below the average level of the adjoining
ground (as distinguished from a “cellar” which is a story
more than one-half below such level). A basement or cellar, when used
as a dwelling, shall be counted as a story for purposes of height
measurement.
The incorporation of labor and material within the foundation
of the building or buildings.
A building other than a hotel, where lodging and meals for
five or more persons are served for compensation.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals, or property. When such a structure is divided into separate
parts of one or more unpierced walls extending from the ground up,
each part is deemed a separate building.
A line parallel or approximately parallel to a lot line or
street line and beyond which buildings may not be erected.
A building in which is conducted the principal use of the
site on which it is located. In any residential district any and all
dwellings shall be deemed to be main buildings on the site on which
they are located.
The building inspector of the city or other official appointed
by the city manager to enforce the zoning ordinance.
An institution or station for the examination and treatment
of ill and afflicted outpatients.
Any structure used for or occupied by persons recovering
from illness or suffering from the infirmities of old age.
An open, unoccupied, and unobstructed space, other than a
yard, on the same lot with a building or group of buildings, except
as used in a judicial sense.
The ratio of gross floor area of the first floor of a building
or of a group of buildings on the same lot to the area of the lot,
expressed as a percentage.
A place where six or more children are kept.
The maximum number of family units permitted on a lot.
Any building, accessory building, or structure that is not
physically attached to any other building or structure by any means.
A portion of the territory of the city within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this article.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, but not
including a tent, trailer, or mobile home.
A building designed for or used exclusively for residence
purposes by two families or two housekeeping units.
A building or portion thereof designed for or used by three
or more families or housekeeping units.
A building designed for or used exclusively for residence
purposes by one family or housekeeping unit.
One room, or a suite of two or more rooms, designed for or
used by one family for living and sleeping purposes and having only
one kitchen or kitchenette.
A person living alone, or two or more persons living together
as a single housekeeping unit in a dwelling unit, and in which not
more than four individuals are unrelated by blood.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior faces of exterior
walls or from a centerline of walls separating two buildings in square
feet.
The average level of the original surface of the ground adjacent
to the exterior walls of the building.
A building occupied as the more or less temporary abiding
place of individuals who are lodged with or without meals, in which
as a rule the rooms are occupied for hire, and in which there are
more than 12 sleeping rooms, a public room for the accommodation of
more than 12 guests, and a general kitchen.
A place where a combination of more than three dogs and/or
cats are kept; provided, however, that animals under six months old
will not be included.
Includes the words plot or parcel. One piece, parcel, or
tract of land which collectively meets all of the following requirements
at the time of filing for a zoning permit:
Is located within a single block;
Has frontage on an accepted and improved public street;
Is occupied or utilized or designated by its owner, owners,
or developer to be occupied, developed, or utilized as a unit for
a principal use and uses accessory thereto, together with such open
spaces as are required by this article; and
Of which a plat has been recorded in the office of the county
clerk.
The area of the lot shall be the net area of the lot and
shall not include portions of streets and alleys.
The mean horizontal distance between the front lot line and
rear lot line of a zoning lot.
A boundary of a lot.
The street line at the front of a lot.
The lot line opposite and most distant from the front.
A lot line which is not a front lot line or rear lot line.
A side lot line separating a lot from a thoroughfare other than an
alley is an exterior side lot line as opposed to an interior side
lot line.
The mean horizontal distance between the side lot lines of
a lot.
Any vehicle or similar portable structure having no foundation
other than wheels or jacks or skirtings, and so designed or constructed
as to permit occupancy for dwelling or sleeping purposes. Mobile homes
are considered to be structures for the purposes of this article when
they are parked in a mobile home park.
Any lot upon which are located one or more mobile homes occupied
for dwelling purposes, regardless of whether or not a charge is made
for such accommodation.
A building or group of buildings, including either separate
units or a row or rows of units which:
Any premises where more than three persons are lodged and
furnished with meals and nursing care.
Area included in any side, rear, or front yard or any other
unoccupied space on a lot that is open and unobstructed to the sky.
Includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
Living quarters located on the same lot as the main building
for the family of a servant employed on the premises who receives
at least 50 percent of his total income from the occupant of the main
building.
That line which is parallel to and the minimum allowable
horizontal distance from a given point or line of reference, such
as a lot line, to the minimum required building line.
The word “shall” is mandatory; the word “may”
is permissive.
Any structure or part thereof, or any device attached to,
painted on or represented on a building or other structure, upon which
is displayed or included any letter, work, model, banner, decoration,
device, or representation used as, or which is in the nature of, an
announcement, direction, advertisement, or other attention-directing
device.
The total exterior surface computed in square feet of a sign
having but one exposed exterior surface; the aggregate exposed exterior
surface computed in square feet of a sign having more than one such
surface.
That portion of a building included between the surface of
any floor and the ceiling next above it.
Any thoroughfare other than an alley.
A dividing line between a street and an abutting lot, tract,
or parcel of land.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
Any change in the structural members of a building, such
as walls, columns, beams, or girders.
The present tense includes the future tense, the singular
number includes the plural, and the plural number includes the singular.
Includes the words intended, designed or arranged to be used
or occupied.
An open, unoccupied space, other than a court, on the lot
in which a building is situated and which is unobstructed from the
ground to the sky.
An open, unoccupied space on a lot facing a street and extending
across the front of a lot between the side yard lines and being the
minimum horizontal distance between the street line and the main building.
An open space extending the full width of a lot between the
front lot line and the front setback line, unoccupied and unobstructed
from the ground upward except as specified elsewhere in this article.
An open space unoccupied and unobstructed extending across
the rear of a lot from one side lot line to the other side lot line
and being the minimum horizontal distance between the rear lot line
and the main building.
An open space extending the full width of the lot between
the rear lot line and the rear setback line, unoccupied and unobstructed
from the ground upward except as specified elsewhere in this article.
An open, unoccupied space on the same lot with a building,
situated between the building and sideline of the lot and extending
through from the front yard to the required rear yard. Any lot line
not the rear line or a front line shall be deemed a sideline.
An open space extending from the minimum front yard setback
line to the minimum rear yard setback line between the side yard setback
line and the nearest side lot line, unoccupied and unobstructed from
the ground upward except as specified elsewhere in this article.
The zoning map or maps of the city dated together with all
amendments subsequently adopted.
A document issued by the building official authorizing buildings,
structures, or uses consistent with the terms of this article and
for the purpose of carrying out and enforcing its provisions.
(1977 Code, sec. 13-191)
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals, and general welfare.
Whenever the requirements of this article are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
deed restrictions, or covenants, the most restrictive or that imposing
the higher standards shall govern.
(1977 Code, sec. 13-171)
