For purposes of interpreting this Unified Development Code, the following rules of construction shall apply:

(a)   The singular number includes the plural, and the plural includes the singular.

(b)   The present tense includes the future tenses and the future tense includes the present.

(c)   The word “person” included individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.

(d)   The masculine gender includes the feminine and neuter.

(e)   The words “shall” and “must” are mandatory, the words “may” and “should” are permissive.

(f)    The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”

(Code 2016, Sec. 106-21)

Unless specifically defined below, words or phrases used in this Unified Development Code shall be interpreted so as to give them the same meaning they have in common usage and to give this Unified Development Code its most reasonable application.

100-year flood. See “Base flood.” Accessory structure. A structure that:

(a)   Is subordinate to and serves a principal structure;

(b)   Is subordinate in area, extent or purpose to the principal structure served;

(c)   Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure; and

(d)   Is located on the same lot as the principal structure served. Accessory use. A use of land or of a building or portion thereof that:

(1)   Is subordinate to and serves a principal use;

(2)   Is subordinate in area, extent or purpose to the principal use served;

(3)   Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal use; and

(4)   Is located on the same lots as the principal use served. Actuarial rates. See “Risk premium rates.”

Administrator (floodplain). The Federal Insurance Administrator. Agency. The Federal Emergency Management Agency (FEMA).

Agricultural processing. The initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills.

Agricultural sales and service. A use primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.

Agricultural uses. The use of a tract of land of not less than ten acres for the growing of crops, pasturage or nursery, including the structures necessary for carrying out farming operations and the dwellings of these owning or operating the premises, member of the family thereof, or persons employed thereon, and the family thereof.

Agriculture, general. The use of land for the production of crops or animal and poultry husbandry.

Airport or airstrip. Any public or privately owned or operated ground facility designed to accommodate landing and take off operations of aircraft, including all taxiways, aircraft storage and tie- down areas, hangars and other necessary buildings and open spaces.

Alley. A dedicated public right-of-way, other than a street, which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street.

Alteration. As applied to a building or structure, a change or rearrangement in the structural parts of an existing building or structure. Any enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another, shall be considered an alteration.

Animal care, general. A use providing animal care, boarding or veterinary services with outdoor animal runs.

Animal care, limited. A use providing animal care, boarding or veterinary services for household pets, with no outdoor animal runs.

Appurtenant structure. See “Accessory structure”.

Area of shallow flooding. A designated AO or AH zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Assisted living. Multi-family dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including group homes, group residential, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.

Awning. A rooflike structure, often made of canvas or plastic, that serves as a shelter, as over a storefront, window, door, or deck.

Base blood. The flood having a one percent chance of being equaled or exceeded in any given year.

Basement. Any area of the structure having its floor subgrade (below ground level) on all sides.

Boardinghouse or lodginghouse. A building other than a hotel or motel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for four or more persons, but not exceeding 20 persons. Individual cooking facilities are not provided.

Building. Any structure designed or intended for the enclosure, shelter or protection of persons, animals or property.

Figure 1. Building Height

Campground. Land used or intended to be used for occupancy by tents and recreational vehicles for transient living purposes.

Canopy. A protective rooflike covering mounted on a frame. (Often constructed over gas pumps.) Chief engineer. The Chief Engineer of the Division of Water Resources, Kansas Department of Agriculture.

Chief executive officer or chief elected official. The official of the city who is charged with the authority to implement and administer laws, ordinances, and regulations for the community.

Common open space. An area of land or water, or combination thereof, planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the areas of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.

Compost facility. A commercial or public solid waste processing facility where yard or garden waste is transformed into soil or fertilizer by biological decomposition.

Condominium. A single dwelling unit under individual ownership within a two-family or multiple dwelling unit structure.

Construction sales and service. A use engaged in the retail or wholesale of materials used in the construction of buildings or other structures, and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction contractors’ storage yards and construction equipment rental establishments.

Convalescent care. A use providing bed care and in-patient services for persons needing regular medical attention, but excluding facilities for the care and treatment of mental illness, alcoholism, narcotics addiction, emergency medical services or communicable disease; nursing home.

Cultural service. A facility providing cultural and educational services to the public.

Day care, commercial. A daycare conducted in a structure other than a private residence.

Day care, limited. A daycare establishment conducted in a private residence that provides care for up to ten individuals at any one time, excluding those persons related to and residing in the home of the day care provider. Babysitting service for four or less individuals shall be considered a day care.

Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Dwelling. Any building or portion thereof, not including manufactured homes, but including modular homes, which is designed and used exclusively for residential purposes.

Dwelling for the elderly and/or handicapped. A two-family or multiple-family residential building having accommodations for and occupied exclusively by elderly or handicapped residents and necessary maintenance personnel. Elderly residents are people who are at least 62 years of age. Handicapped persons are those people having an impairment which is expected to be of long, continuous and indefinite duration, and is a substantial limitation to their ability to live independently.

Dwelling, multiple. A residential building having accommodations for and occupied exclusively by more than two families, independently.

Dwelling, single-family. A residential building having accommodations for and occupied exclusively by one family.

Dwelling, single-family attached or townhouse. A portion of a residential building having accommodations for and occupied exclusively by one family, and which is located on a separate lot of record apart from the remaining portions of the building. Each such dwelling may be sold independently of other portions.

Dwelling, two-family. A residential building having accommodations for and occupied exclusively by two families, independently.

Earth-sheltered residence. A residence designed as a complete structure below or partially below the ground level, and which was not intended to serve as a substructure or foundation for a building.

Easement. A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structure.

Elevated building. For flood insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Eligible community or participating community. A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

Existing construction. For the purposes of determining flood insurance rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Existing structures. See “Existing construction”.

Family. The following living arrangements shall constitute a family:

(1)   One or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit;

(2)   Three or less persons living as a single housekeeping unit; and

(3)   Two unrelated persons, plus their biological, adopted or foster children or other minors for whom they have legally established custodial responsibility living as a single housekeeping unit.

Domestic servants, employed on the premises, may be housed on the premises without being counted as part of the family. The term family shall not be construed to mean a fraternity, sorority, club or institutional group.

Flextech. A use combining office and warehousing; office and light assembly; or office, warehousing and light assembly activities within the same building. Flextech buildings typically have office storefronts on one side of the structure and loading docks or roll-up doors on the other side. Loading and service areas are screened from view of public right-of-way, public recreation facilities and lower intensity zoning districts. Flextech uses may involve retail sales of merchandise as an accessory use.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)   The overflow of inland waters;

(2)   The unusual and rapid accumulation or runoff of surface waters from any source; and

(3)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item (1).

Flood boundary and floodway map (FBFM). An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

Flood elevation determination. A determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study. An examination, evaluation and determination of flood hazards.

Flood fringe. The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

Flood hazard boundary map (FHBM). An official map of a community, issued by the administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.

Flood hazard map. The document adopted by the governing body showing the limits of: (1) the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.

Flood insurance rate map (FIRM). An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study (FIS). An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source (see “flooding”).

Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain management regulations. Unified development codes, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof that provide standards for the purpose of flood damage prevention and reduction.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

Floodway or regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodway encroachment lines. The lines marking the limits of floodways on federal, state and local floodplain maps.

Floor area. The gross area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include the following areas:

(1)   The basement floor area;

(2)   The area of each floor of the structure.

Food/bakery product manufacturing. A use engaged in the manufacture of food and food products, including non-retail bakeries, canning facilities and creameries.

Foster home. A residence or building in which more than 12-hour care is provided to no more than five children, two or more of which are unrelated to the foster parents. Foster homes shall be permitted in all residential structures, the same as would a family.

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

Frontage. That part of a lot or premise immediately adjacent to a street or streets without regard to access to, or elevation of, the street or streets.

Functionally dependent use. A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

Gasoline service station. A building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced, self-service pumps without buildings shall also be included. Such service shall not include tire recapping, body repairs or major overhaul.

Group home, limited. A facility providing 24-hour care in a protected living environment for no more than eight persons with physical or mental disabilities and up to 2 house parents or caregivers.

Group home, general. A facility providing 24-hour care in a protected living environment for more than eight persons with physical or mental disabilities and any number of caregivers.

Group residential. The use of a site for occupancy by groups of more than five persons, not defined as a family, on a weekly or longer basis. Typical uses included fraternity or sorority houses, dormitories, residence halls and boarding or lodging houses. The term “group residential” does not include “group homes”.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:

(1)   Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)   Individually listed on the state’s inventory of historic places; or

(4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.

Home occupation. A business, profession, service or trade conducted for gain or support entirely within a residential building or its accessory structures.

Hotel or motel. A building or portion thereof, or a group of buildings, used as a transient abiding place which may or may not serve meals and whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court, or other similar designation.

Institution. A building occupied by a nonprofit organization for public use.

Kennel. A facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

Laundry service. A use that is primarily engaged in the large-scale washing or cleaning of laundry, rugs and similar materials. This definition does not include Laundromat or dry cleaning facilities.

Lot. A parcel of land.

Lot, corner. A lot abutting upon two or more streets at their intersection.

Lot depth. The mean horizontal distance between the front and rear lot lines.

Lot, double frontage. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot line. A property boundary line of any lot.

Lot line, front. The lot boundary line between the lot and the street on which it fronts.

Lot line, rear. The lot boundary line which is opposite and most distant from and is, or is approximately, parallel to the front lot line.

Lot line, side. Any lot boundary line which is not a front or rear lot line.

Lot of record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the register of deeds or a lot described by metes and bounds, the description of which was recorded in the office of the register of deeds.

Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Unified Development Code.

Manufactured home. A transportable, factory-built structure that is manufactured in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5403) and that is designed to be used as a single dwelling unit. The term “manufactured home” does not include a “recreational vehicle.”

Manufactured home park, subdivision, or development. A site with required improvements and utilities for the long-term placement of manufactured homes for dwelling purposes. Services and facilities for residents of the development may also be included on the site.

Manufactured home space. A plot of ground within a manufactured home park or subdivision which can accommodate one manufactured home and which provides the necessary utility services for water, sewerage and electricity.

Market value or fair market value. An estimate of what is fair, economic, just and equitable value under normal local market conditions.

Marquee. A rooflike structure, often bearing a signboard, projecting over an entrance, as to a theater or hotel.

Mean sea level. For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM) are referenced.

Medical service. A use providing therapeutic, preventive, or corrective personal treatment services on an out-patient basis by physicians, dentists, and other practitioners of the medical or healing arts, and the provision of medical testing and analysis services.

Mini-warehouse or mini storage. A building or group of buildings that contains individual, compartmentalized and controlled-access cubicles, stalls, bays or lockers for the dead storage of a customer’s goods or wares.

Mobile home. A transportable, factory built structure that was manufactured prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5403) and that is designed to be used as a single dwelling unit.

Mobile home park, subdivision, or development. See “Manufactured home park, subdivision, or development”.

Modular home. A factory built transportable structure that is certified by its manufacturer as being constructed in accordance with a nationally recognized building code and which does not have its own running gear and is designed to be used as a dwelling with a permanent foundation; also as may be defined by K.S.A. 12-742.

Multi-family. The use of a site for three or more dwelling units within a single building. Typical uses include triplexes, four-plexes, apartments and residential condominiums.

New construction. For the purposes of determining flood insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

(NFIP). The National Flood Insurance Program (NFIP).

Nonconforming sign. Any sign which was lawfully erected and displayed prior to the effective date of this Unified Development Code, but does not conform to the applicable regulations, as set forth herein.

Nonconforming structure. Any structure which was lawfully established prior to the effective date of this Unified Development Code which does not comply with all of the applicable regulations, as set forth herein.

Nonconforming use. Any use of a building or premises which was lawfully established prior to the effective date of this Unified Development Code which does not comply with all of the applicable use regulations, as set forth herein, for the zoning district in which that building or premises is located.

Nursing home or convalescent home. An institution or agency licensed by the state for the reception, board, care or treatment of three or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.

Parking space. An area established for the purpose of storing one parked automobile.

Parks and recreation. A park, playground or community facility, owned by or under the control of a public agency or property owner’s association that provides opportunities for active or passive recreational activities.

Participating community. Also known as an “eligible community,” a community in which the administrator has authorized the sale of flood insurance.

Principally above ground. At least 51 percent of the actual cash value of the structure, less land value, is above ground.

Private club. A use providing meeting, recreational, or social facilities for a private association, primarily for use by members and guests. Typical uses include private social clubs, lodges and fraternal organizations.

Recreational vehicle. A vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted or drawn by another vehicle.

Repair service. A use primarily engaged in the provision of repair services to individuals and households, but excluding vehicle repair services. Typical uses include appliance repair shops.

Residential-design manufactured home. See “Modular home”.

Restaurant. A public eating establishment at which the primary function is the preparation and serving of food.

Retail sales and service. A use engaged in the sale or rental of goods and services, excluding uses more specifically defined.

Risk premium rates. Those rates established by the administrator pursuant to individual community studies and investigations, which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. “Risk premium rates” include provisions for operating costs and allowances.

Safety service. A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

Salvage or junkyard. A building or premises where junk, waste, inoperable motor vehicles or discarded and salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, handled or prepared for recycling, which shall include auto wrecking yards, but shall not include retail secondhand furniture stores or the purchase and storage of used or salvaged materials as a part of a manufacturing operation.

Sight triangle. A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection.

Sign. Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation, that is used, or intended to be used, to attract attention for identification, announcement or advertising purposes, but shall not include any display of official notice or official flag.

Sign, area. The area of the face of the sign within a perimeter that forms the outside shape, but excluding the necessary supports or uprights that the sign may be placed unless these supports or uprights are designed as part of the sign. If the sign consists of more than once section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building or a window, the area of the sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight straight lines enclosing the extreme limits of writing, representation, emblem or any figure or similar character, together with any logo material or color forming an integral part or backdrop of the display or used to differentiate such sign from the backdrop or structure.

Sign, attached. Any sign substantially and permanent attached to, applied on, structurally connected to, painted to, engraved on, etched on or supported by any part of a building.

Sign, back to back. A sign with copy on two parallel faces that are facing in opposite directions not separated by more than 12 inches. The area of a back to back sign is calculated on one face only.

Sign, billboard. Any sign with a sign area in excess of 350 square feet that advertised or directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premise that the sign is located.

Sign, monument. A freestanding sign mounted on an enclosed, structural base which base length is equal to or greater than the length of the sign face and which base depth is not narrower than the structure containing the sign face or 12 inches, whichever is greater.

Sign, pole. A sign supported by a structure in the ground that is wholly independent of any building for support. A sign on a fence shall be considered a pole sign.

Sign, portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported by means of wheels.

Sign, projecting. Any sign attached to any part of a building or structure and that extends outward more than six inches. Canopies and awnings shall not be considered projecting signs if they do not contain signage information. However, when they do provide signage information, canopies and awnings shall constitute projecting signs.

Sign, special event. A sign that carries a message regarding a special event or function that is of general interest to the community and does not include for-profit business promotional activities that are strictly commercial in nature. Such signs may include banners or seasonal decorations and may be placed within the right-of-way.

Sign, temporary. A sign which either:

(1)   Is not permanently attached to any structure, building, motor vehicle, or the ground;

(2)   Is intended for a limited display period covering a special event; or

(3)   Is designed and constructed to be moveable from one location to another. Special flood hazard area. See “Area of special flood hazard.”

Special hazard area. An area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH.

Start of construction. Includes substantial-improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State coordinating agency. The Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the state or by state statute at the request of the administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.

Stockyard. A non-farm based facility used or intended to be used for selling or holding livestock. Street. A public or private way used, or intended to be used, for passage or travel by motor vehicles.

Streets are further classified by the functions they perform as follows:

(1)   Arterial streets provide for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits, and curb uses.

(2)   Collector streets provide for traffic movement between arterials and local streets, with direct access to abutting property.

(3)   Local streets provide direct access to abutting and local traffic movement whether in business, industrial or residential areas.

Structural alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this chapter, the following shall not be considered a structural alteration:

(1)   Attachment of a new front where structural supports are not changed;

(2)   New windows where lintels and support walls are not materially changed; and

(3)   Repair or replacement of nonstructural members.

Structure. Anything constructed or erected, the use of which requires a permanent or temporary location on the ground or attachment to something having a permanent location on the ground. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. “Structure” for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation.

Substantial-damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial-improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “start of construction” of the improvement. This term includes structures, which have incurred “substantial- damage,” regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

Tavern. An establishment in which the primary function is the public sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments, commonly known as key clubs, which are open, and in which alcoholic and cereal malt beverages are served only to members and their guests.

Transitional living center. State licensed group care homes for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement, and residential rehabilitation treatment centers which also may provide out-patient rehabilitation for alcohol and other drug abuse.

Use. The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

Utility, major. Generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and similar facilities of agencies that under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term “utility” shall not be construed to include corporate or general offices; gas and oil processing; manufacturing facilities; postal facilities or other uses defined in this article.

Utility, minor. Services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.

Variance (floodplain). A grant of relief by the city from the terms of the floodplain management regulations. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the city.

Vehicle and equipment sale. A used engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance activities. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, moving trailer rental, and farm equipment and machinery sales and rental.

Vehicle and equipment storage yard. An outdoor area used or intended to be used for long-term storage of vehicles and equipment or than accessory parking for a principal use.

Vehicle repair. A use providing automobile repair or maintenance services.

Yard. A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.

Yard, front. An open space extending the full width of the lot between the nearest principal building and the front lot line, and measured perpendicular to the front lot line.

Yard, rear. An open space extending the full width of the lot between the nearest principal building and the rear lot line, and measured perpendicular to the rear building line.

Yard, side. An open space extending from the front yard to the rear year between the nearest principal building and the side lot line, and measured perpendicular from the side lot line.

Zero lot line. The location of a building on a lot in such a manner that one or more of the building’s sides is directly on the lot line.

(Code 2016, Sec. 106-22)