ARTICLE X: DEFINITIONS

10.1 USAGE

10.1-1 For the purpose of these Regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section. Words or terms not herein defined shall have their ordinary meaning in relation to the context.

10.1-2 Unless the context clearly indicates to the contrary:

A. Words used in the present tense include the future tense.

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

C. The word "shall" is always mandatory; the word "may" is always permissive.

D. The word "herein" means in these Regulations.

E. The word "Regulations" means the Land Development Regulation of Knox County, Nebraska.

F. A "person" includes a corporation, partnership, and any incorporated association of persons.

G. A "building" includes a "structure" and a building or structure includes any part thereof.

H. "Used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

10.2 DEFINITIONS

Accessory Use or Building A subordinate building or use which is clearly incidental or subordinate to the principal building, structure or use and which is located on the same lot as the principal building, structure or use. Customary accessory uses include, but are not limited to, tennis courts, swimming pools, detached garages, garden houses, playhouses, barbeque ovens, patios and storage sheds. Garages or other accessory uses attached to the principal structure shall be considered a part thereof and shall meet the zoning requirements for said principal structure. See section 3.2-4.

Advertising Sign. See section 6.2-1A.

Agriculture. The use of land for purposes including farming, dairying, pasturage, raising of crops, horticulture and animal husbandry.

Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Alterations. As applied to a building or structure, a change or rearrangement in the structural components, or an enlargement, whether by extending on a side or by increasing in height, or the moving of one location or position to another, shall be considered as an alteration.

Animal Hospital or Clinic. An establishment where animals are admitted principally for examination, treatment, board or care by a Doctor of Veterinary Medicine.

Apartment. A part of a building consisting of a room or suite of rooms intended, designed, or used as a residence by an individual or a single family and located in a multiple-family dwelling.

Applicant. The owner or duly designated representative of land proposed to be subdivided, or for which a special permit, zoning amendment variance, building permit or certificate of occupancy has been requested.

Area. A piece of land capable of being described with such definiteness that its location may be established and boundaries definitely ascertained.

Automobile Service Station. Buildings and premises where gasoline, oil, grease, batteries, tires and automotive accessories may be supplied and dispensed at retail, and where, in addition, servicing, repair, and replacement of parts may be done.

Awnings, Canopy and Marquee Sign. See section 6.2-2A.

Basement. That portion of a building which has more than one-half (1/2) of its interior height, measured from floor to finished ceiling below the average finished grade of the ground adjoining the building.

Boarding and Lodging Houses. Any dwelling where, for compensation and by pre-arrangement for definite periods, meals, or lodging and meals are provided for more than three (3) but less than ten (10) persons.

Buffer Area. Open and unobstructed ground area, in addition to any required yards or road widenings around the perimeter of any lot.

Buildable Area. The portion of a lot remaining after required yards have been allocated.

Building. Any structure built for the support, shelter or enclosure of: persons, animals, chattels, or movable property of any kind, and including any structure.

Building Height. The vertical dimension measured from the curb level opposite the center of the front of a building, or where no curb level has been established, from the mean elevation of the finished lot grade at the front of the building to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof.

Building. Principal. A building in which is conducted the main or principal use of the lot on which said building is situated.

Bulk. The size and shape of buildings and their physical relationship to lot lines, setback requirements and other buildings, structures and uses on the same lot and on adjoining lots. Bulk regulations prescribe requirements for lot area, lot area per dwelling unit, lot frontage, width, depth and height of buildings.

Bulk, Nonconforming. That part of a building, structure or use that does not conform to one or more of the applicable bulk regulations herein.

Bulk Regulations. Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines, including regulations controlling maximum height, maximum lot coverage and minimum yards and setbacks.

Bulletin Board Sign. See section 6.2-1B.

Business Sign. See section 6.2-1C.

Campground. Any premises where two (2) or more camping units are parked or placed for camping purposes, or any premises used or set apart for supplying to the public camping spaces, which include any buildings, structures, vehicles or enclosures used or intended for use for the accommodation of transient campers and camping vehicles.

Certificate of Occupancy. A permit issued by the Zoning Administrator after certification that such land, use, structure or building is fit for human occupancy and complies with all of the provisions of the zoning and subdivision regulations and other applicable codes and regulations.

Common Open Space. An area of land or water or combination thereof planned for passive or active recreational use by more than one (1) homeowner or apartment dweller. Such space shall not include areas utilized for streets, parking, loading, alleys or driveways.

Common Sewer System. A sanitary sewage system in public ownership which provides for the collection and treatment of domestic effluent in a central sewage treatment plant which meets the minimum requirements of the Nebraska Department of Environmental Control for primary and secondary sewage treatment and which does not include individual septic tanks or portable sewage treatment facilities.

Common Water System. A water system which provides for the supply, storage and distribution of potable water on an uninterrupted basis and which is in public ownership.

Comprehensive Development Plan. A plan for the future development of the County recommended by the Planning Commission and adopted by the County Board.

Construction Sign. See section 6.2-.1D.

Density. Restrictions on the number of dwelling units that may be constructed per acre or per square feet of zoning lot area.

Development of livestock confinement operation: Development of a confined livestock operation shall consist of but not be limited to contacting Nebraska Department of Environmental Quality, an engineer, a contractor, and/or Natural Resources Conservation Service, or by doing dirt work, excavation, or construction.

District. Any area designated on the zoning map for which detailed regulations are established herein pertaining to the uses permitted, the bulk of buildings and structures, and the size of yards and buildable area.

Drive-in Establishment. A place of business operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of any food or beverage in automobiles or on the premises but outside of any completely enclosed structure.

Dwelling. Any building or portion thereof, other than a mobile home, which is permanently affixed to a foundation imbedded in the soil and used exclusively for residential purposes.

Dwelling, Multiple Family. A building or portion thereof having accommodations for and intended to be used for Occupancy by three (3) or more families living independently from one another.

Dwelling, Single Family. A building having accommodations for and occupied exclusively by one (1) family.

Dwelling, Two Family. A building having accommodations for and intended for use or occupancy by two (2) independent families.

Dwelling Unit. A building, or part thereof, containing complete housekeeping facilities for a single family.

Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

Exceptions. Uses that are not appropriate generally in a particular district without restriction, but which, if controlled as to number, area, location, relation to adjoining properties and other factors can be appropriate. Such uses that may be permitted in particular districts as exceptions are allowed only if expressly provided for herein.

Family. One or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit.

Farmstead. An area of twenty (20) acres or more on which is located least one (1) farm residence and on which farm products of a value of one thousand dollars ($1,000) or more are normally produced each year.

Fence. A free-standing structure of metal, masonry, composition or wood or any composition thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

Final Plat. The map or plan or record of a subdivision, and accompanying documents and materials, as described and defined in the subdivision regulations.

Frontage. That side of a lot abutting on a street and ordinarily regarded as the front of the lot.

Garage. A building for the storage of motor vehicles.

Grade. The slope of a road, street or other public way.

Ground Sign. See section 6.2-2B.

Home Occupation. A profession or other occupation not otherwise permitted in the district, which is conducted as an accessory use on a residential lot by one (1) or more members of the family residing on the premises and which conforms to the requirements established in section 3.2-6.

Hotel or Motel. A building or portion thereof, or group of buildings, which has living and sleeping accommodations for hire for ten (10) or more persons, which is open for year-round occupancy, whether designated as hotel, motel, inn, automobile court, motor lodge, motor court, tourist cabin or other similar designation.

Identification Sign. See section 6.2-1E.

Incompatible Use. A use which is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.

Junkyard (Salvage Yard). An area of land with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building of used or discarded materials; used building materials, house furnishings, machinery, vehicles or parts thereof whether with or without the dismantling, processing, salvage, sale or other use or disposition of same.

Landscaping. The improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects and other natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Loading Space. Space logically and conveniently located for bulk pickups and deliveries and accessible to delivery vehicles when required off-street parking spaces are filled.

Local Road. A road intended to provide access to other roads from individual properties.

Lot. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or building development or use. The area bounded by the front, side and rear lot lines.

Lot, Corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five degrees (135°). See "A^'' in the above diagram.

Lot Depth. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and in the rear of the lot.

Lot Improvement. Any building, structure, or other object or improvement of the land on which they are situated constituting a physical betterment of real property.

Lot, Interior. A lot other than a corner lot, having a single frontage on a street. See "B" in the above diagram.

Lot Line, Front. A street right-of-way line forming the boundary of a lot.

Lot Line, Rear. The lot line that is most distant from, and is most nearly parallel to the front lot line. If a rear lot line is less than fifteen (15) feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least fifteen (15) feet long, lying wholly within the lot, parallel to the front lot line. If a zoning lot has two or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.

Lot Line, Side. A lot line which is neither a front or rear lot line.

Lot of Record. A lot which is part of a subdivision, the plat of which has been recorded in the Office of the Register of Deeds or a parcel of land the deed to which was recorded prior to adoption of these Regulations.

Lot, Reversed Frontage. A lot on which the frontage is at right angles, or approximately right angles, with the interior angle being less than one hundred thirty-five degrees (135^o), to the general pattern in the area. A reversed frontage lot may also be a corner lot (see "A-D" in the diagram on the preceding page), an interior lot ("B-D") or a through lot ("C-D").

Lot, Through. A lot other than a corner lot with frontage on more than one street. See "C" on the diagram on the preceding page.

Lot Width. The distance between straight lines connecting front and rear lot lines at each side of the lot measured across the rear of the required front yard.

Major Recreational Equipment. Boats and boat trailers, travel trailers, pickup campers or coaches, designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like and recreational vehicles.

Mobile Home Dwelling. Any vehicle, trailer or similar portable structure, mounted or designed for mounting on wheels, constructed with a metal substructure, used or intended for use for single family dwelling purposes only, including structural additions, except parked or unoccupied camping-type trailers. Any such vehicle, trailer or structure shall be deemed to be a mobile home whether or not resting upon a temporary or permanent foundation.

Mobile Home Site. A plot of ground designed for accommodation of a single mobile home dwelling.

Mobile Home Park. An area of land upon which two (2) or more mobile home dwellings are parked and connected to utilities or which is held out or used for the purposes of supplying to the public, parking spaces for two (2) or more mobile homes, and shall include all buildings, structures, land uses and equipment utilized in connection with such park.

Nameplate Sign. See section 6.2-IF.

Nonbuilding Use. A principal use of land to which the buildings on the lot, if any, are only incidental to such use.

Nonconforming Lot of Record. An unimproved lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

Nonconforming Structure. A structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.

Nonconforming Use. An existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.

Parking Garage. A building used for the storage of motor vehicles which contains space rented to the general public.

Parking Lot. Any open area used for the storage of motor vehicles which contains space rented to the general public.

Parking Space. A surfaced area, enclosed in the main building or in a accessory building, or unenclosed, exclusively of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress or egress for automobiles.

Planned Development. District allowing flexible development of certain tracts of land, when planned and designed as a unit for one or more land uses under the provisions of these regulations.

Planning Commission. The Joint Planning Commission as established in accordance with section 81-1211R.R.S. Neb. (1943) and with the powers and authority therein granted.

Pole Sign. See section 6.2-2C.

Preliminary Plat. The preliminary drawings and information which indicate the proposed layout of a subdivision, as described and defined in the subdivision regulations.

Projecting Sign. See section 6.2-2D.

Public Improvement. Any drainage facility, roadway, street, sidewalk, sewer or water facility or other improvement for which the government body may ultimately assume the responsibility of maintenance and operation.

Public Utility. Any business which furnishes to the general public (a) telephone service, (b) telegraph service, (c) electricity, (d) natural gas, (e) water, (f) sewer and (g) other services so affecting the general public interest as to be subject to the supervision or regulation of a State agency.

Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses or car yards.

Real Estate Sign. See section 6.2-1G.

Recreation Vehicle. See Major Recreational Equipment.

Remodeling, Any change in a structure (other than incidental repairs and normal maintenance) which may prolong its useful life; or the construction of any addition to, or enlargement of, a structure; or the removal of any portion of a structure.

Residence. See Dwelling Unit.

Right-of-Way. A strip of land occupied or intended to be occupied by a street, road, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other similar use.

Roof Sign. See section 6.2-2F.

Screening. Decorative fencing or dense vegetation maintained for the purpose of concealing certain structures or uses from view.

Setback: “Setback” shall mean the line which defines the depth of the required or allowed front, back and side yards, which setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.

Sign. Any writing (including letters, words or numerals), pictorial representation (including illustrations or decorations or trademarks), flag, banner, streamer, pennant, lights or display calculated to attract the attention of the public which: (1) is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or structure or on the ground; (2) is used to announce, direct attention to, or advertise; and (3) is not located inside of a building.

Sketch Plat. A sketch preparatory to preparation of the preliminary plat to enable a subdivider to reach general agreement with the Planning Commission at the earliest possible time.

Special Exception. See Exception.

Street. A right-of-way dedicated to the public use which provides vehicular and pedestrian access to adjacent properties.

Structure. Anything constructed or erected above or below ground, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots for the purpose of offer, sale, lease or development.

Subdivision Regulations. The official Subdivision Regulations of the County, together with all amendments thereto, adopted pursuant to section 23-372 through 23-377 R.R.S. Neb. (1943).

Temporary Use. A use permitted in a zoning district subject to a specific time limit. See section 3.2-5.

Trailer. A vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo or property.

Usable Open Space. That part of the ground area of a lot or development devoted to outdoor recreational space, but excluding private or public roadways, accessory off-street parking and loading and other uses and structures.

Use. Any purpose for which a structure or tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.

Use Regulations. Regulations identifying permitted and exceptional uses, accessory uses, use limitations and use conditions.

Variance. A relaxation of the literal terms of the zoning regulations where applicable to avoid undue hardship to a property owner and where the public interest will be served.

Wall Sign. See section 6.2-2E.

Yard. Open space on a lot which is unoccupied and unobstructed from the ground to the sky, except for permitted obstructions.

Yard, Front. A yard extending along the full length of the front lot line from said line to a line drawn parallel to it equal to the depth of the required front yard. On corner lots, the Zoning Administrator shall determine the front yard requirement subject to the limitation that at least one front yard shall have the required front yard depth and the other shall have no less than half (½) of the required front yard depth. See diagram on the following page.

Yard, Rear. A yard extending from the rear lot line to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

Yard, Side. A yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard.

Zone. See District.

Zoning Administrator. The person or persons authorized and empowered by the County to administer and enforce the requirements of these Regulations.

Zoning Board of Adjustment. The Board established in accordance with sections 23-168.01 through 23-168.04 R.R.S. Neb. (1943) and section 84-155 R.R.S. Neb. (1943) and with the powers and authority therein granted.

Zoning Regulations. The official Zoning Regulations of the County together with all amendments thereto, adopted pursuant to sections 23-114 through 23-114.05 R.R.S. Neb. (1943).