For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For use in this chapter, the following terms and words are defined, and as used in this chapter the word “building” includes the word “structure” and the word “lot” includes the word “plot” or “parcel.”
ACCESSORY BUILDING AND USE. A subordinate building or use which is incidental and customary in connection with the principal building or principal use and is located on the same lot.
ADULT ENTERTAINMENT ESTABLISHMENT. A building or use having a substantial or significant portion of its business by the offering of entertainment, stock in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of specific sexual activities including nude and semi-nude dancing. The uses include but are not limited to: adult book stores, adult massage parlors, adult modeling studios, adult mini motion picture theaters, adult motion picture theaters, adult theaters, adult sexual encounter centers and licensed beer and liquor establishments offering nude and semi-nude performances for entertainment.
AGRICULTURE. Land used for agricultural purposes, agricultural horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for treating or storing the produce provided, however, that the operation of any accessory use is secondary to that of normal agricultural activities. Does not include animal feeding operations as defined by the Iowa Department of Natural Resources in the Iowa Code Chapter 65.
ALLEY. A public thoroughfare which affords only a secondary means of access to property abutting thereon.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
ARTIST STUDIO. A place designed to be used, or used as, a place of work or a combination of both a dwelling place and a place of work, by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts such as, but not limited to, drawing, dance, vocal or instrumental music, painting, sculpture, and writing.
AUDITORIUM or ASSEMBLY HALL. A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, and other presentations.
AUTOMOTIVE SERVICE STATION. Any building, structure or land used primarily for supplying automotive fuel and motor oil at retail cost direct to the customer, including the supplying of accessories, replacement parts and minor services essential to the normal operation of automobiles, but not including body or fender work, painting or major motor repairs. When the aforementioned service is incidental to the conduct of a public garage, the use shall be classified as a public garage.
BAR or TAVERN. Any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises.
BASEMENT or UNDERGROUND HOUSE. A building partly underground, having at least three-fourths of its height below adjoining ground level. All dwellings must provide, in each room or living area (excluding storage rooms, utility rooms and the like), proper ventilation, adequate lights and proper drainage. Not to be counted as a story for height regulations.
BED AND BREAKFAST HOME INN and BED AND BREAKFAST HOME. A building, other than a hotel, where, for compensation, meals and lodging are provided on a short term basis. Short term basis shall be defined as 14 days or less. A BED AND BREAKFAST HOME shall not exceed three guest rooms. A BED AND BREAKFAST INN shall not exceed ten guest rooms. Facilities must meet the requirements of the Iowa Code § 137C.35.
BOARDING HOUSE. A building other than a hotel, where, for compensation and by pre-arrangement for definite periods, lodging, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.
BUILDING. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY. Any structure erected or constructed, including buildings as herein defined, the use of which requires location on the ground or attachment to something located on the ground and which is incidental and customarily appurtenant to a principle use permitted on the zoning lot. An ACCESSORY BUILDING cannot be used for a dwelling use. See ACCESSORY BUILDING AND USE.
BUILDING, HEIGHT OF. The vertical distance measured from the grade to the highest point of a roof.
BUILDING, ZONING ADMINISTRATOR or BUILDING AND NEIGHBORHOOD SERVICES DIRECTOR OR HIS OR HER DESIGNEE. The Building and Neighborhood Services Director or his or her designee of the city.
BULK CONTROL PLANE. An imaginary inclined plane rising over a lot, drawn at a specified angle from the vertical, the bottom side of which is coincidental with the lot line(s) or yard line(s) of the lot, or directly above them and which, together with other bulk regulations and lot size requirements, delineate the maximum area of any improvement which may be constructed on the lot.
CELLAR. A story having more than one-half of its height below grade but not to be counted as a story for height regulations.
CLINIC, MEDICAL. An establishment where patients are not lodged overnight but are admitted for examination or treatment by one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, ophthalmology, physical therapy or similar services with or without shared common spaces or equipment. This includes a common area pharmacy or drug dispensary available to persons other than patients being treated therein and billing for the services only.
CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
CONDOMINIUM. A building containing two or more dwelling units which are designed and intended to be separately owned in fee. See Horizontal Property Act, Iowa Code Chapter 499B.
CONVENTION CENTER. Facility used for service organization, business, and professional gatherings, such as conventions, conferences and seminars, and limited to accommodations for attendees. Accessory uses may include accommodations for sleeping, eating, and recreation. Such facility is not designed to be only utilized by the general public for overnight purposes.
DAY CARE FACILITIES.
(1) ADULT DAY CARE FACILITY. A facility providing short-term supervision for the frail, elderly and disabled person.
(2) CHILD CARE FACILITY. A facility operating under the Iowa Code Chapter 237A providing for the care of seven or more children.
(3) FAMILY DAY CARE FACILITY. A facility operating under the Iowa Code Chapter 237A for the care of less than seven children and owned and operated by a resident occupant.
DECK. A structure, without a roof, directly adjacent to a building, which has an average elevation of 12 inches or greater from finished grade.
DENTAL or MEDICAL LAB. A facility providing diagnostic or pathological testing and analysis for the healthcare industry.
DISTRICT. Any section of the city within which the zoning regulations are uniform.
DWELLING. A building or portion thereof designated or used exclusively for residential occupancy, but not including home trailers, mobile homes, hotels, motels, bed and breakfast homes, boarding and lodging houses, tourist courts or tourist homes.
DWELLING, ATTACHED (ROW). A multi-family dwelling where each dwelling unit has a separate outdoor entrance and is either joined to one other dwelling unit at one side by one party wall; or joined to two other dwelling units by one party wall on each side.
DWELLING, DETACHED. A dwelling that is completely surrounded by open space on the same lot.
DWELLING, ONE-FAMILY. A building designated for or occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designated for or occupied exclusively by two families.
DWELLING, MULTIPLE. A building designed for or occupied exclusively by three or more families.
FACTORY-BUILT HOUSING. A factory-built structure designed for long term residential use. For the purpose of these regulations, factory-built housing consists of three types: modular homes, mobile homes and manufactured homes.
FACTORY-BUILT STRUCTURE. Any structure which is, wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site.
FAMILY. One person or two or more persons occupying a living unit as an individual housekeeping organization.
FARM. A parcel of land of not less than 40 acres which is used primarily for the commercial, soil dependent cultivation of agricultural crop production and/or the raising of livestock including dairy farms with the necessary accessory uses for treating and storing the produce provided from the normal farming activities. See AGRICULTURE. Animal feed operations, as defined by the Iowa Department of Natural Resources in the I.A.C. Chapter 65, are not considered a farm activity for purposes of permitted uses unless the use is secondary to that of normal farming activities.
FENCE. A structure, other than a building, used to enclose or screen an area of land.
FLOODPLAIN. Land adjoining the channel of a river, stream, watercourse or other body of water established by using a known flood elevation determined to be land inundated by a 100-year frequency flood or other flood frequencies established for the city. It is the purpose of the FLOODPLAIN to apply special regulations to the use of land in those areas of the city which are subject to predictable inundation of known frequency intervals. The land use controls are necessary and follow prescribed requirements to qualify property owners for flood protection insurance adopted by the city in 1976, as defined under the National Flood Insurance Act of 1968, as amended and Chapter 156 of this code of ordinances.
FLOOR AREA. The total gross area on all floors, as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, open porches, balconies and terraces.
GARAGE, PRIVATE. A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.
GARAGE, REPAIR. A building or portion thereof, other than a private, storage or parking garage, designated or used for equipping, servicing and repairing motor vehicles. The term REPAIRING includes an automotive body repair shop, automobile repair shop and vehicle rebuilding, as defined in the definition of vehicle rebuilder below. Dismantling or storage of wrecked or junked vehicles (defined as a salvage yard) is prohibited.
GARAGE, STORAGE. A building or portion thereof designated or used exclusively for term storage of motor driven vehicles, as distinguished from daily storage furnished transients and within which motor fuels and oils are not sold and motor driven vehicles are not equipped, repaired, hired or sold.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building.
GROCERY STORE. A retail establishment primarily selling prepackaged and perishable food as well as convenience and household goods.
HEALTH CLUB. A facility where member or nonmembers use equipment or space for the purpose of physical exercise including, but not limited to, running, jogging, aerobics, weightlifting, court sports, Tae Kwan Do, and yoga, as well as locker rooms, showers, saunas, and related accessory uses.
HOME OCCUPATION. An occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit, and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As such is open to the public, in contrast to a boarding house, a lodging house or an apartment which are herein separately defined.
HOUSING FOR THE ELDERLY OR PERSONS WITH DISABILITIES. A multi-family structure designed, maintained and operated for exclusive occupancy by the elderly and/or persons with disabilities as defined by the regulations of HUD and providing that one dwelling unit may be used for a resident manager who shall be exempt from occupancy age limitations or disabilities.
INDOOR RECREATION. An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller-skating or ice-skating, billiards, pool, motion picture theaters, and other amusements.
INSTITUTION or INSTITUTIONAL BUILDING. An establishment owned and occupied by a private or public non-profit corporation, association, organization or group for the use or benefit of the general public.
KENNEL, COMMERCIAL. An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.
KENNEL, NONCOMMERCIAL. The use of a private residence for the care of dogs and cats belonging to the owner of the residence, kept for purposes of show, hunting or as pets.
LAUNDROMAT, SELF-SERVICE. An establishment providing home-type washing, drying or ironing machines for use on the premises.
LODGING HOUSE. See BOARDING HOUSE.
LOT. A portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of ownership or of building development and having its principle frontage upon a street or upon an officially approved place.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Deeds.
LOT WIDTH. The width of the lot at the front yard line.
MANUFACTURED HOME. A factory-built, single-family structure which is manufactured or constructed under the authority of the state and 42 U.S.C. § 5403, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device, allowing it to be moved other than for the purpose of moving to a permanent site and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. For the purpose of these regulations, a MANUFACTURED HOME is considered the same as any site-built, single-family detached dwelling if it meets the requirements of § 155.06.
MINI WAREHOUSE FACILITY. A building or group of buildings which are rented and designed, through individual compartments or controlled stalls, for self-service storage purposes.
MOBILE HOME. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highway and so designed, constructed or reconstructed which will permit the vehicle to be used as a place for human habitation by one or more persons, but shall also include any vehicle with motive power not registered as a motor vehicle in Iowa. A MOBILE HOME is factory-built housing built on a chassis. A MOBILE HOME shall not be construed to be a travel trailer or other form of recreational vehicle. A MOBILE HOME shall be construed to remain a mobile home subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenant of mobility are removed, and regardless of the nature of the foundation provided. However, certain MOBILE HOMES may be classified as manufactured homes. Nothing in this chapter, unless defined, shall be construed as permitting the MOBILE HOME in other than an approved mobile home park, unless the mobile home is classified as a manufactured home.
MOBILE HOME PARK. Any site, lot, field or tract of land upon which mobile homes used for human habitation are parked, either free of charge or for revenue purposes, which shall include any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of the MOBILE HOME PARK. Also includes MANUFACTURED HOME PARK and MANUFACTURED HOMES.
MODULAR BUILDING. A prefabricated transportable building manufactured in whole or in part off the site, designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses or sub-elements which are to be incorporated into a structure at the site. A seal must be obtained from the State Building Department for these units.
MODULAR HOME. Factory-built housing certified as meeting the State Code as applicable to modular housing. Once certified by the state, MODULAR HOMES are subject to the same standards as site-built homes.
MORTUARY or FUNERAL HOME. A building used for the storage, preparation, and display of the deceased and for the performance of rituals and ceremonies connected therewith before burial or cremation. Crematoriums are permitted as an accessory use to a funeral home or mortuary.
MOTOR COURT or MOTEL. A building or group of buildings used primarily for the temporary residence of motorists or travelers.
MOTOR VEHICLE STORAGE YARD. An open surfaced area used for the temporary storage of damaged, wrecked or inoperable motor vehicles. Storage of any vehicles shall not exceed 60 days. No vehicle salvaging is allowed. All storage lots or parts of lots used for vehicle storage shall be completely screened with a six-foot high visual barrier. Construction of this barrier shall comply with the requirements of § 159.046(I).
NONCONFORMING BUILDING, USE OR LAND. A building, structure, use or land or a portion thereof, lawfully existing at the time this chapter or an amendment thereto becomes effective which does not meet the bulk, height, yard, parking, loading or other requirements of this chapter or any amendment thereto.
NURSING, REST OR CONVALESCENT HOME. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
PARKING AREA. An open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
PARKING LOT. An open, all-weather surfaced area used exclusively for the temporary, daily or overnight storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.
PARKING SPACE. An all-weather surfaced (minimum of four-inch rock, seal coated) area not in a street or alley and having a minimum space nine feet by 18 feet exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by an all-weather surfaced (minimum of four-inch rock, seal coated) driveway which affords ingress and egress for a vehicle without requiring another vehicle to be moved.
PARKING STRUCTURE. A structure or portion thereof composed of one or more levels or floors used excessively for the parking of vehicles.
PET CREMATORIUM. Any structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public, for the cremation of pets. However, a PET CREMATORIUM shall not provide for permanent internment or inurnment of pet remains.
PLACE. An open, unoccupied space or thoroughfare other than a street or alley permanently reserved as a principal means of access to abutting property.
PORCH, UNENCLOSED. A porch consisting only of a roof, floor and supporting members together, if desired, with a solid or open support for a rail and not more than three feet in height.
PRIVATE CLUB. A nonprofit voluntary association of persons for the promotion of same purposes or philosophy. The permitted uses of a building owned or leased by such an association shall include all customary club activities such as lectures, discussions, meetings, social or recreational events, and similar activities, and shall also include as an accessory use the sale of food or beverages, but only where limited to club members and guests and only in conformance with state and federal regulations.
RECYCLING PROCESSING FACILITY. Buildings used for the collection, reduction, recovery, recycling and related activities when all processing activities are conducted within a completely enclosed building, and subject to compliance with all applicable federal, state and local regulations. This definition does not include waste handling facilities, salvage yards or solid waste transfer stations.
RETAIL SALES or SERVICE. Establishments engaged in selling or renting goods or merchandise to the general public for personal or household consumption and/or services in conjunction or separate to the sale of such goods. Retail sales/service establishments shall not include eating and drinking places, uses defined as adult entertainment, vehicle sales or service, or wholesale, processing or manufacturing operations with an accessory retail outlet on the premises.
SALVAGE YARD. A lot or portion thereof where waste, discarded or salvaged materials are bought, sold, exchanged, baled, stored, packed, disassembled or handled and/or any lot or portion thereof where activities defined in Chapter 122 of this code are conducted. Types of operation include used vehicle parts dealers and vehicle salvagers as licensed under the Iowa Code § 321H.2(6), building wrecking activities, used lumber sales and places for storage of salvaged building materials and equipment, but not including places where the uses are conducted entirely within a completely enclosed building.
SATELLITE DISH ANTENNA. Round, parabolic antenna intended to receive signals from orbiting satellites or other sources. In residential zoning districts, all satellite dish antennas having a diameter greater than one meter (3.28 feet) are defined as accessory structures. In nonresidential zoning districts, satellite dish antennas having a diameter greater than two meters (six and one-half feet) are defined as accessory structures.
SIGN. A name, identification, description, display or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel or lot, and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN, GROUND or BILLBOARD. Any sign erected, constructed or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter when the sign is supported by upright posts or braces permanently anchored or secured to the ground and not attached to any part of a building.
SIGN, MONUMENT. A freestanding sign supported by an internal structural framework or integrated into landscaping or other solid structural features other than poles. The base of the structure shall be placed on or at ground level, and shall not be attached to any building, wall, fence or other structure.
SIGN, PORTABLE. A sign intended for changeable copy, designed to be moved or readily capable of being moved from place to place, which is not permanently affixed to the ground or any other structure.
STABLE, NONCOMMERCIAL. An accessory building or use that shelters animals for the exclusive use of the occupants of the premises.
STORAGE YARD OR LOT. An area outside of an enclosed building, where construction materials and equipment, solid fuels, lumber, building materials, monuments and stone products, public service and utility equipment or other materials, goods, products, vehicles, equipment or machinery are stored, baled, piled, handled or distributed, whether a principal or accessory use. A STORAGE YARD OR LOT shall not be construed to include a vehicle salvage yard or a junk yard as those terms are defined in chapter 122 of this code of ordinances.
STORY. The portion of a building, excluding a cellar, between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, than the space between the floor and the ceiling next above it. In split level homes, height and story regulations shall apply to each section of the residence independently.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space was not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment of living quarters shall be counted as a full story.
STREET. All property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefore, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle or however otherwise designated. See the subdivision regulations, Chapter 158.
STREET LINE. A dividing line between a lot and a contiguous street.
STREET RIGHT-OF-WAY. The land, property or interest therein, formally established and intended for a street.
STRUCTURAL ALTERATIONS. Any change except those required by law or ordinance which would prolong the life of the supporting members of a building such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
STRUCTURE. Anything constructed, erected or placed with a more or less fixed location on the ground or attached or resting on something having a fixed location on the ground.
TATTOO PARLOR. An establishment whose principal business activity is the practice of tattooing and/or piercing the body of paying customers.
TOURIST HOME. An establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
UNDEVELOPED LAND. Property in its natural state, prior to grading, construction and subdividing.
USE. The purpose or purposes for which land or a structure is designed, arranged or intended, or to which purpose land or a structure is occupied, maintained, leased or operated.
VEHICLE REBUILDER. A person or business licensed under the Iowa Code Chapter 321H engaged in the business of rebuilding or restoring to operating condition vehicles subject to registration under the Iowa Code Chapter 321, which have been wrecked or damaged.
VISUAL CLEARANCE ZONE. A triangular area formed by the intersection of two public rights-of-way with two sides of the triangle located along the two abutting public rights-of-way and the third side being a line connecting the ends of the other two lines.
WAREHOUSE. A building where commercial or industrial goods are stored for compensation.
WAREHOUSE FOR RECREATIONAL VEHICLE STORAGE AND OTHER MATERIAL. A building designated for storage of personal and household goods and recreational vehicles during the off season.
WELDING SHOP. A building containing equipment capable of uniting metallic or other material by heating and allowing the metals or other material to flow together or by hammering or compressing with or without previous heating. The processing of these materials must comply with all fire safety code requirements of the city.
YARD. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
YARD, FRONT. A yard across the full width of the lot, extending from the front line of the building to the front property line of the lot.
YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line.
YARD, SIDE. A yard on the same lot with the building between the main building and the adjacent side of the lot and extending from the front yard to the rear yard thereof.
(1999 Code, § 165.04) (Ord. 2247, passed 10-9-2001; Ord. 2352, passed 7-24-2007; Ord. 2360, passed 2-12-2008; Ord. 2378, passed 7-8-2008; Ord. 2392, passed 11-11-2008; Ord. 2459, passed 8-23-2011; Ord. 2585, passed 7-10-2018
; Ord. 2609, passed 4-23-2019)