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
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,
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
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
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. Child Care Center means a child care center
operation licensed by the State of Nebraska, in a provider’s place
of residence or a site other than the residence serving 13 or more
children at any one time for on the average of less than 24 hours
per day, for compensation, either indirect or direct, and on a
CHILD CARE HOMES. A child care operation defined by Nebraska State
Law and licensed by the State of Nebraska, including a family child
care home I and family child care home II.
(a) Family child care home I means a child care operation in
the provider’s place of residence which serves at least
four but not more than eight children at any one time.
A family child care home I provider may be approved by
the state to serve no more than two additional school age
children during non-school hours.
(b) Family child care home II means a child care operation
either in the provider’s place of residence or a site
other than the residence serving 12 or fewer children at
any one time.
COMMISSION. The Planning and Zoning Commission.
COMMUNITY BUILDINGS. All structures used for community purposes
whether owned by private individuals or groups must conform to the
structural standards and fire safety standards required by the laws
of the State of Nebraska and the ordinances of the City of Falls
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.
COVER CROPS. Corn, soybeans, alfalfa and grasses.
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.
§11-202 Zoning Regulations §11-202
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
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.
GROUP HOME. A facility which houses more than five (5) but less
than sixteen (16) persons who are unrelated by blood, marriage or
adoption. Those facilities may offer, in addition to lodging,
accommodations, meals, resident support services, counseling,
guidance and varying levels of medical care. Such facility shall
be licensed or approved by the State of Nebraska or other
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.
HORTICULTURE. The growing of horticultural and floricultural
specialties, such as flowers, shrubs, or trees intended for
ornamental or landscaping purposes. This definition may include
accessory retail sales under certain conditions. Typical uses
include wholesale plant nurseries and green houses.
IBC. International Building Code, copies of which are on file in
the office of the City Clerk.
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
JUNK OR SALVAGE YARD. A place where waste, discarded or salvaged
metals, building materials, paper, textiles, used plumbing
fixtures, abandoned or inoperable motor vehicles or parts thereof,
and other used materials are bought, sold, exchanged, stored, baled
or cleaned; and places or yards for the storage of salvaged metal,
materials and equipment; but not including pawn shops and
establishments for the sale, purchase or storage or used cars or
trucks presently in operable condition, boats or trailers presently
in operable condition, and used furniture and household equipment
in usable condition and not including the processing of used,
discarded or salvaged material as part of manufacturing operations.
LIVESTOCK, CONFINEMENT FACILITIES/OPERATIONS. Shall mean any
building(s), lot(s), pen(s), or pond(s) or other confined spaces,
which normally are not used for raising crops or grazing animals,
which are designed and/or used for on-going confined raising,
feeding or management of animals for more than 180 consecutive
days, which do not exceed a total of 50 animal units in accordance
with the following:
Animal Units Equal:
1. (1.0 x ____ number of head) S l a u g h t e r a n d
2. (1.2 x ____ number of head) Cow/Calf Pairs
3. (1.4 x ____ number of head) Mature Dairy Cattle
d. (0.4 x ____ number of head) Swine, 55 lbs. and
e. (0.04x ____ number of head) Weaned Pigs, less
f. (0.1 x ____ number of head) Sheep
g. (2.0 x ____ number of head) Horses
h. (0.01x ____ number of head) Chickens
i. (0.02x ____ number of head) Turkeys
j. (0.2 x ____ number of head) Ducks
k. For Immature Dairy Cattle, or those species not listed,
number of animal units shall be calculated as the average
weight of animals divided by 1,000 lbs., multiplied by
the number of animals.
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, 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 Richardson County Register of
LOT, THROUGH. An interior lot having frontage on two (2) parallel,
or approximately parallel streets and also known as a double
LOT, WIDTH. The horizontal distance between side lot lines
measured at the street frontage.
MANUFACTURED HOME: A factory-built structure which is to be used
as a place for human habitation, which is not constructed or
equipped with a permanent hitch or other device allowing it to be
moved other than to a permanent site, which does not have
permanently attached to its body or frame any wheels or axles, and
which bears a label certifying that is was built to compliance with
National Manufactured Home Construction and Safety Standards,
promulgated by the United States Department of Housing and Urban
Development, or a modular housing unit as defined by the Nebraska
Revised Statutes bearing the seal of the Department of Health and
Human Service System.
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
MOBILE HOME PARK. Any area of land which two (2) or more mobile
homes are parked, connected to utilities and used by one (1) or
more persons for living or sleeping purposes. A mobile home parked
in this area can either be placed on permanent foundation or
supported only by its wheels, jacks, blocks, or skirtings or a
combination of these devices. A mobile home park includes any
premises set apart for supplying to the public parking space,
either free or charge or for revenue purposes for one (1) or more
mobile homes, connected to utilities and used by one (1) or more
persons living, or sleeping purposes and shall include any
building, structure, or enclosure used or intended for use as part
of the equipment of such mobile home park.
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. All modular homes shall bear a label
certifying that it was built to compliance with the Nebraska
Department of Health and Human Services System as established by
the Nebraska revised Statutes.
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
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
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.
RANCH. A place where livestock is bred and/or raised by grazing
methods, which allow confined feeding for a period of less than 180
consecutive days during winter conditions.
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.
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)