Article 2. Terms

11-201   Falls City Code   §11-202

Article 2. Terms

§11-201  TERMS; INTERPRETATION.  For the purpose of interpreting this Chapter, certain terms are herein defined.  Except as defined herein, all other words used in this Chapter shall have their customary dictionary meanings.  

Words used in the present tense include the future tense.

Words used in the singular include the plural, and words used in the plural include the singular.

The word "shall" is always mandatory.

The word "lot" includes the word "plot" or "parcel".

The word "building" includes the word "structure".

The word "used" or occupied", as applied to any land or buildings, shall be construed to include the words, "intended, arranged, or designed to be used or occupied."

§11-202           TERMS; DEFINITION.

ALLEY.  Minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting a street; is a minimum of sixteen feet (16') and a maximum of fifty feet (50') in width.

APARTMENT.  A part of a building consisting of a room or rooms intended, designed, or used as a residence by an individual or a single family; also known as multi-family residence.

BASEMENT.  A story partly underground, but having more than half its clear floor-to-ceiling height below the average level of the adjoining ground.

BED AND BREAKFAST.  A residential establishment which is the primary residence of the owner offering sleeping and breakfast accommodations to the public on a transient basis and having not more than four (4) rentable rooms.

BOARD.  Zoning Board of Adjustment of the City of Falls City, Nebraska.

BOARDING HOUSE.  A residential establishment other than a hotel or motel where sleeping and eating accommodations are offered to the public on a non-transient basis.

BUILDING.  A structure that is completely enclosed by a roof and by solid exterior walls along the outside faces of which an unbroken line can be traced for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support, or enclosure of persons, animals, or property of any kind.  The connection of two buildings by means of an open porch, breeze way, passageway,carport, or other such open structures, with or without a roof, shall not be deemed to make them one (1) building.

BUILDING, ACCESSORY.  A subordinate building, not exceeding a floor area of two hundred (200) square feet, the use of which is customarily incidental to that of a principal building on the same lot or group of lots.

BUILDING, HEIGHT.  The vertical distance from the established average sidewalk grade, street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.

BUILDING, PRINCIPAL.  A structure which houses the principal use of the lot on which it is situated.

BUILDING SETBACK LINE.  A line indicating the minimum horizontal distance permitted between a building or structure and a street right-of-way line.

CAMPING TRAILER.  A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.

CELLAR.  A portion of a building located partly or wholly underground having one-half (1/2) or more of its floor-to-ceiling height below the average grade of the adjoining ground.

CHILD CARE CENTER. Any establishment which provides shelter, care, activity and supervision, with or without academic instruction, for eight or more children between the hours of six o’clock (6:00) A.M. and six o’clock (6:00) P.M.

CONDOMINIUM.  A series of connected single family dwellings or row houses of not less than three (3) attached single-family units designed and built as a single structure with each sharing a common side wall with one (1) or two (2) other units; each unit may or may not be owned separately; may have common open spaces, recreation areas, and parking.

CUL-DE-SAC.  A dead end street with a one hundred eighty (180) degree turn-around at least forty feet (40') in diameter.

DWELLING, SINGLE-FAMILY.  A building having one (1) dwelling unit and having independent and outside access.

DWELLING, TWO-FAMILY.  A building having two (2) dwelling units and also known as a duplex.

DWELLING, MULTI-FAMILY.  A building used by or designed for three (3) or more dwelling units, each independently containing cooking facilities, or each containing individual living quarters but sharing a common kitchen and/or other common rooms.

DWELLING UNIT.  A building, or portion thereof, providing complete and permanent living facilities for one (1) family.

FLOOR AREA.  Sum of the gross horizontal areas of all floors of a building, including basements having concrete or masonry walls and floors, measured from the exterior faces of the exterior walls or from the center line of walls separating buildings, excluding garage areas.

FRONTAGE.  The width of property between two (2) side lot lines abutting the street and measured along the right-of-way line.

GARAGE, PRIVATE.  A building used only for the housing of private motor vehicles and incident to the residential use of the premises, not to contain more than four motor vehicles and, not used for repair, hire, sale or commercial storage.

GARAGE, PUBLIC.  A garage other than a private garage.

GENERAL FARMING.  General Farming shall mean the activity of cultivating the soil and activities connected with the raising and harvesting of any agricultural or horticultural commodities including shearing, feeding, caring for, training and management of grazing livestock, bees, poultry and fur-bearing animals.  General farming shall also include the use of structures for the storage of equipment, commodities and supplies therein.

HOME OCCUPATION.  Any occupation or profession carried on by a member of the family residing on the premise, provided no commodity is sold thereon, not more than one other person is employed other than a member of the family; and no mechanical equipment is used for such as is not ordinarily used for domestic purposes.

IMPROVEMENTS.  Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs, plantings, and other items for the welfare of the property owners and the public.

JUNK OR SALVAGE YARD. A lot or parcel of land used for storage, keeping or abandonment of junk, (including scrap metal or vehicles or machinery or parts thereof), and necessary salvage operations related to the sale of parts or components.

LOT.  A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required.  Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of an single lot of record, a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of records; a parcel of land described by metes and bounds; Provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Chapter.

LOT AREA.  The total horizontal area within the lot lines of a lot, excluding any area covered by water, marsh, or an embankment of more than thirty (30) degrees from the horizontal.

LOT, CORNER.  A lot at the junction of and fronting on two (2) or more intersecting streets; Provided, the enclosed angle of intersection of the two (2) streets is not greater than one hundred thirty-five (135) degrees.

LOT, DEPTH.  The average horizontal distance between front and rear lot lines.

LOT, INTERIOR.  A lot other than a corner lot.

LOT LINES.  The legal division between two (2) lots.

LOT OF RECORD.  A lot which is a part of a plot, a map of which has been recorded in the office of the County Recorder.

LOT, THROUGH.  An interior lot having frontage on two (2) parallel, or approximately parallel streets and also known as a double fronted lot.

LOT, WIDTH.  The horizontal distance between side lot lines measured at the street frontage.

MOBILE HOMES.  A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term shall include any structure that meets all of the requirements of this definition other than the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. 5401 et seq.

MODULAR HOME.  A dwelling whose construction consists entirely of or the major portions of its construction consist of a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on permanent foundation and connected to utilities.

MOTEL.  A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals.

MOTOR HOME.  A vehicular unit primarily designed to provide temporary living quarters which are built into an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van, containing permanently installed independent life-support systems that meet the departmental standard for recreational vehicles and providing at least four of the following facilities:  Cooking; refrigeration or ice box; self-contained toilet; heating, air-conditioning, or both; a portable water supply system including a faucet and sink; separate one hundred twenty nominal volt electrical power supply; or LP gas supply.

OVERHANG.  That section of a roof which extends beyond the exterior walls of a building.

PLANNED UNIT DEVELOPMENT.  A group of three (3) or more principal buildings designed to be maintained and operated as a unit in single-ownership or control and which has certain facilities in common, such as yards and open space, recreation areas, garages, and parking areas.

PLANNING AREA.  The Municipality and one (1) mile surrounding it in all directions.

PLAT.  A map, drawing, or chart on which the subdivider's plan of the subdivision of land is presented and which he submits for approval and intends, in final form, to record.

PLAT, FINAL.  A finished drawing showing completely and accurately all legal and engineering information and certification necessary for recording.

PLAT, PRELIMINARY.  A drawing which shows the proposed layout of a subdivision in sufficient detail to indicate unquestionably its workability in all aspects (but not drafted in final form for recording) and the details of which are not completely computed.

PROFESSIONAL OFFICE.  The office of an accountant, architect, chiropodist, chiropractor, dentist, lawyer, minister, optometrist, osteopath, physician, registered professional engineer, or member of another similar profession.

RECREATIONAL VEHICLE.  A vehicular type unit, primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or towed by another vehicle.  The term recreational vehicle shall include, but not limited to, travel trailer, camping trailer, truck camper, and motor home.

RIGHT-OF-WAY.  A strip of land separating private property from the street or alley existing or dedicated in public ownership.    

ROOMING HOUSE.  A residential establishment other than a hotel or motel where sleeping accommodations only are offered to the public but on a nontransient basis.

SERVICE STATION.  A building or place of business where gasoline, oil and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.

SIGN.  Any advertisement, announcement, direction, or communication produced in whole or in part by the construction, erection, affixing, or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printing, letter printed, lettered, pictured, figured, or colored material on any building, structure, or surface.  Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest shall not be included herein, nor shall this include signs which are a part of the architectural design of a building.  Billboard shall mean a sign or sign aggregate having a continuous surface of two hundred fifty (250) square feet or more.

STORY.  That portion of a building, other than a basement, included between a floor and the floor next above it.

STREET.  A public thoroughfare which affords a principal means of access to abutting property, having a right-of-way of fifty feet (50') or more.

STREET RIGHT-OF-WAY LINE.  Lines separating private property from the street or alley existing or dedicated in public ownership.

STRUCTURE.  Anything constructed or erected, including a building which has permanent foundations on the ground, or anything attached to something having a permanent location on the ground.

SUBDIVIDER.  Any person, firm, or corporation undertaking the subdivision or re-subdivision of a tract or parcel of land for the purpose of laying out a platted addition or subdivision of land.

SUBDIVISION.  The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll prior to adoption of these regulations, into two (2) or more parcels, sites, or lots, for the purpose, whether immediate or future, of transfer of ownership. The improvement of one (1) or more parcels of land for residential, commercial, or industrial structures, or groups of structures, involving the division or allowance of land for the opening, widening, or extension of any street or streets, except private streets; or, the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or other purposes into lots or parcels of ten (10) acres or more shall not be deemed a subdivision unless street dedications, easements, improvements, or other public facilities are involved.  This definition shall be held to include re-platting and, when appropriate to the context, relate to the process of subdividing or to the land or territory subdivided.

SUBDIVISION, MAJOR. Any subdivision other than a minor subdivision.

SUBDIVISION, MINOR.  A subdivision in which no land is dedicated for street purposes other than street widening.

TRAVEL TRAILER.  A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size or weight as not to require special highway movement permits when towed by a motor vehicle and with a living area of less than two hundred and twenty square feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath and toilet rooms.

TRUCK CAMPER.  A portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides, and designed to be loaded onto and unloaded from the bed of a pickup truck.

UBC.   Uniform Building Code, copies of which are on file in the office of the City Clerk.

USE.  Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or structure, or on a tract of land.

YARD.  An open space, unoccupied and unobstructed by a structure of any sort which has a height of more than thirty (30) inches from the ground upward.

YARD, FRONT.  Any open space from the front line of the building to the street right-of-way line.

YARD, REAR.  The open space between the rear line of the lot and the rear line of the main building.

YARD, SIDE.  An open, unoccupied space between the closest portion of the building to the side line and said side line of the lot.  (Amended by Ord. Nos. 971, 11/6/78; 999, 11/16/79; 81-118, 12/21/81)(Amended by Ord. 95-125)