The following definitions shall be applicable to this chapter unless a contrary meaning is indicated by the text. Terms not defined shall have the meaning customarily assigned to them as defined in Webster’s New Collegiate Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial Classification (SIC) Manual, Superintendent of Documents, U.S. Government Printing Office.
1. “Access” means a way by which pedestrians or vehicles shall have ingress and egress to a property or parking area.
2. “Accessory use” means a use customarily incidental and subordinate to the main use and located on the same property therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use of the property.
3. “Accessory structure” means a subordinate structure customarily incidental to the main structure or building and located on the same lot therewith, e.g., satellite dishes, radio and television towers, masts and aerials, swimming pools, garages, carports, and free-standing solar energy collectors, etc.
(Ord. 2022-1010 – Mar. 23 Supp.)
4. “Addition” means an extension or increase in floor area or height of a building or structure.
5. “Adult” as used in this title refers to persons who have attained the age of eighteen (18) years.
6. “Adult bookstore” means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specific anatomical areas or an establishment with a segment or section devoted to the sale or display of such material, or such an establishment which excludes minors by reason of age.
7. “Adult cabaret” means a cafe or restaurant where patrons are entertained by performers featuring go-go dancers, exotic dancers, strippers or similar entertainers which excludes minors by reason of age.
8. “Adult motion picture theater” means an enclosed building (a) used predominately for presenting, for observation by patrons therein, motion pictures, slides or photographic reproductions which are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or (b) which excludes minors by reason of age.
9. “Aeration windmill” means a windmill system which pumps oxygen into air lines located in ponds to air diffusers located at the bottom of the pond, which air diffusers turn compressed air into oxygen bubbles which rise through the water and remove pollutants in the water that stagnates and depletes the oxygen from the pond, and said windmills are located entirely upon private property. It is not the function of an aeration windmill to create or generate electric power, either for use or sale, on or off-site.
(Ord. 2014-1020 – Dec. 14 Supp.)
10. “Agriculture” means the use of land for agricultural purposes including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, the operation of any such accessory use shall be secondary to that of normal agricultural activities, and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
11. “Alley” means a public way which is intended only for use as a secondary means of access to abutting property.
12. “Apartment house” – see “dwelling, multi-family.”
13. “Awning sign” means an illuminated or non-illuminated sign on or attached to a temporary retractable or fixed shelter on a projecting framework and braced entirely from the exterior wall of the building. Awning signs shall have noncombustible frames and coverings. When collapsed, retracted or folded, the design shall be such that the awning does not block any required exit.
14. “Balcony” means a covered or uncovered platform area projecting from the wall of a building, enclosed by a railing, accessible from above grade, and not attached to the ground.
15. “Basement” means a portion of a building located partially underground, but having three-and-one-half (3½) feet or more of its floor-to-ceiling height above grade. A basement is counted as a story for the purpose of height and yard regulations.
16. “Beneficial open space” means space adjacent to a lot which provides a necessary and desirable function in relation to the adjoining residential use. Beneficial open space may include rivers, streams, lakes, public parks, grounds around public buildings and similar areas.
17. “Boardinghouse” means a building where, in addition to lodging, meals are provided for tenants but not for the public.
18. “Buffer” or “buffer area” means when two distinct uses adjoin or are in the vicinity of each other it is desirable to maintain an area or space between them to mitigate any negative impacts one may have on the other or mutually upon each other. This area between these uses is called the buffer area. Oftentimes landscaping, fencing, transitional uses and other similar features are placed within a buffer area to mitigate the impacts of incompatible uses.
19. “Buildable area” means the area remaining on a lot after the minimum open-space requirement for yards has been met.
20. “Building” means any structure having a roof and designed or intended for the support, enclosure, shelter or protection of persons, animals or property.
21. “Building, detached” means a building which is not connected to another building.
22. “Building area” – see “ground area.”
23. “Building coverage” means the amount of land covered or permitted to be covered by a building or buildings, usually measured in terms of percentage of a lot.
24. “Building height” means the vertical distance from the grade to the roof line. See definition for “grade” and “roof line” for further definition.
25. “Building line” means the front yard setback line.
26. “Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides. For the purposes of this chapter, a carport shall be considered as a garage.
27. “Cellar” means a portion of a building located partially or wholly underground and having less than three-and-one-half (3½) feet of its floor-to-ceiling height above grade. A cellar is not counted as a story for the purpose of height and yard regulations.
28. “Child care” means the care, supervision, and guidance of a child by a person other than the child’s parent, guardian, or custodian for periods of less than 24 hours per day on a regular basis in a place other than the child’s home.
(Ord. 2022-1010 – Mar. 23 Supp.)
29. “Child care center” means a facility providing child day care or preschool services for seven (7) or more children that is required to obtain a license from the State. Child care center does not include a child development home.
(Ord. 2022-1010 – Mar. 23 Supp.)
30. “Child care home” means a person providing child care to five or fewer children at any time.
31. “Child development home” means a person providing child care to more than five (5) children up to a maximum amount of sixteen (16) children at any time.
32. “Commission” means the Planning and Zoning Commission of the City as created by Chapter 414 of the Code of Iowa and this Code of Ordinances.
33. “Comprehensive plan” means a document or series of documents adopted by the Council, setting forth policies for the future of the City including the Coralville Community Plan.
34. “Conditional use” means a use of land, water or building which is allowable only after issuance of a special permit by the Council, under conditions specified by this chapter.
35. “Consumer fireworks” means any first-class consumer fireworks and second-class consumer fireworks as defined by the State Code of Iowa.
36. “Conversion” means any change of one principal use to another principal use.
37. “Court” means a space, open and unobstructed to the sky, located at grade on a lot and bounded on three (3) or more sides by walls.
38. “Curb level” means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the City Engineer shall establish such curb level or its equivalent for the purposes of this chapter.
39. “Deck” means a covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground.
40. “Density, gross” means the number of dwelling units per unit area of land usually expressed as dwelling units per acre.
41. “Development” means any manmade change that changes the character of the property including but not limited to buildings, mining, dredging, filling, grading, paving, excavation or drilling operations.
42. “Developmentally disabled” means any person who has a disability attributable to but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; dyslexia resulting from above disability; or a mental or nervous disorder which disability originates before such individual attains age 18, and which constitutes a substantial impairment expected to be long-continued and of indefinite duration.
43. “Discontinuance” means whenever a nonconforming use is abandoned, ceased, or terminated.
44. “Dwelling” means a building which is wholly or partially used or intended to be used for residential occupancy.
45. “Dwelling, attached” means a dwelling which is joined to another at one or more sides by a party wall or walls.
46. “Dwelling, detached” means a dwelling which is entirely surrounded by open space on the same lot.
47. “Dwelling, farm” means a dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located.
48. “Dwelling, multi-family” means a dwelling containing two (2) or more dwelling units. Multi-family dwellings in this chapter are frequently referenced by the number of dwelling units in the structure, such as, two-family referring to a structure with two (2) attached dwelling units or eight-family referring to a structure with eight (8) attached dwelling units.
49. “Dwelling unit” means any habitable room or group of adjoining habitable rooms within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating meals.
50. “Easement” means a right given by the owner of land to another person for specific limited use of that land to allow access to another property or for utilities.
51. “Extraction” means the extraction of sand, gravel, or top soil as an industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building.
52. “Family” means one (1) person or two (2) or more persons related by blood, marriage, adoption or co-ownership occupying a dwelling unit as a single housekeeping organization.
53. “Family-care facility” or “family home” means a community-based residential home, which is licensed either as residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa, that provides room and board, personal care, rehabilitation services, and supervision in a family environment by a resident family for not more than eight (8) developmentally disabled persons. However, family care facility does not mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa.
54. “Farm” means an area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits and grain and their storage on the land. The term “farm” includes the necessary accessory uses and buildings for treating and storing the food produced.
55. “Fireworks” means all consumer, display, and novelty fireworks as defined by the State Code of Iowa and American Pyrotechnics Association.
(Ord. 2022-1010 – Mar. 23 Supp.)
56. “Floor area” means the total area of all floors of a building or portion thereof measured to the outside surface of exterior walls or the centerline of walls to attached buildings or uses. It does not include garages, porches, balconies and other appurtenances. Space in the basement or cellar and all other space shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located.
57. “Floor area ratio (FAR)” means the numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.
58. “Goods” means any merchandise, equipment, products, supplies or materials.
(Ord. 2022-1010 – Mar. 23 Supp.)
59. “Grade” means the top surface elevation of lawns, walks, drives or other improved surfaces after completion of construction of grading and landscaping. For the purposes of determining height of a building, the grade is the average level along the walls facing the required front yard of the property.
60. “Ground area” means the area of a building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces and exterior stairways.
61. “Ground floor/first floor” means the lower-most floor of a building having its floor-to-ceiling height at or above the grade.
62. “Group care facility” means a government licensed or approved facility which provides resident services in a dwelling to more than eight (8) individuals not including resident staff, but not exceeding thirty (30) individuals. These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult supervision; and are provided services in accordance with their individual needs. Group care facilities shall not include nursing homes.
63. “Guest” means an individual who shares a dwelling in a non-permanent status for not more than 14 days.
64. “Habitable room” means any room meeting the requirements of the City’s adopted Building Code and used for sleeping, living or dining purposes excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar space.
65. “Home based business” means any business for the manufacture, provision, sale of goods or services that is owned or operated by the owner or tenant of residential property on which the business operates.
(Ord. 2022-1010 – Mar. 23 Supp.)
66. “Institution” means a nonprofit or governmental operated establishment for public use.
67. “Junk yard” means an area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or assembled, stored or handled, including the dismantling, salvage or “wrecking” of automobiles or other vehicles or machinery. A junk yard is also a salvage yard, house wrecking yard, used lumber yard and place for storage of salvaged building materials and structural steel materials and equipment.
68. “Land use intensity system” means the land use intensity system correlates the land area, floor area, open space, exterior living space and recreation space for residential and mixed use development. The relationship between each of these is expressed as a ratio. The floor area ratio (FAR) determines the maximum floor area for all buildings on the lot. The open space ratio (OSR) determines the minimum amount of land area which shall not be enclosed by buildings. The living space ratio (LSR) determines the minimum amount of lot area to be used for people, planting and visual appeal. The recreation space ratio (RSR) determines the minimum amount of area to be developed for active and passive recreation. When (LA) is land area and (FA) is floor area, the ratios can be defined as follows:
FAR x LA = maximum floor area (FA)
OSR x FA = minimum open space (OS)
LSR x FA = minimum exterior living space (LS)
RSR x FA = minimum recreation space (RS)
A. Floor Area (FA) Method of Computation: For the purpose of determining the floor area ratio, the “floor area” of a building is the sum of the gross horizontal area of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall include basement floor area, elevator shafts and stairwells at each floor penthouse, attic space having headroom of seven (7) feet or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to mechanical equipment, parking or loading shall not be included in the floor area. The floor area for enclosed space having a floor to ceiling height in excess of twenty (20) feet shall be computed on the basis that each fifteen (15) feet of height shall be equal to one floor for the purpose of computation. Space intended for recreational use in apartment buildings may be excluded from these calculations if the Zoning Administrator finds that said recreational uses are suitable for the size and use of the proposed structure.
B. Land Area (LA) Method of Computation. The land area is the area of the lot; plus one-half (½) of the area of the abutting public street and public alley rights of way where the lot has vehicular access rights; plus an area computed by multiplying ten (10) times the linear feet of frontage along any abutting beneficial open space to the residential use; including area of rivers, lakes, public parks and grounds around public buildings.
C. Open Space (OS) Method of Computation. The open space area is the land area less the total ground area covered by buildings, plus one-half (½) of all exterior space which is open on its sides to weather, but not open to the sky (carports, exterior balconies); plus all roof areas which have been suitably improved for use by occupants.
D. Living Space (LS) Method of Computation. The living space is the land area less the total ground area covered by buildings; plus one half (½) the total area of all covered open spaces at ground level not used for autos; less all uncovered auto area; plus all roof areas which have been suitably improved for all weather use by occupants; plus off-site permanent recreation space eligible for recreation space requirements.
E. Recreation Space (RS) Method of Computation. The recreation space is the total area devoted to active and passing recreation. If the required recreation space is more than ten thousand (10,000) square feet all of it shall be located in a contiguous portion of the lot and no dimension may be less than twenty five (25) feet. If the required recreation space is more than ten thousand (10,000) square feet each separate recreation area shall contain not less than ten thousand (10,000) square feet and no portion of the space shall be less than fifty (50) feet in width. Off-site permanent recreation space and facilities may be approved as meeting up to one-half (½) the recreation space requirements if it meets the intent of these regulations and it abuts the site.
69. “Living unit” – See “dwelling unit.”
70. “Loading berth” means a space provided, according to the provisions of this chapter, for the loading or unloading of cargo from a motor vehicle.
71. “Loading space, off-street” means space logically and conveniently located and designed for bulk pickups and deliveries and accessible to delivery vehicles from aisles.
72. “Lot” means a plot, separate tract, or parcel of land with fixed boundaries suitable for occupancy by a use.
73. “Lot, corner” means a lot located at the intersection of two (2) or more streets.
74. “Lot, double frontage” means a lot having frontage on two (2) parallel or approximately parallel streets.
75. “Lot, interior” means a lot other than a corner lot or double frontage lot and bounded by a street on only one side.
76. “Lot, reversed corner” means a corner lot, the rear of which abuts the side of another lot.
77. “Lot area” means the total area within the lot lines of a lot excluding any area located within a public or private street.
78. “Lot coverage” means the percentage of the lot area covered by the building area.
79. “Lot depth” means the mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line.
80. “Lot frontage” means the continuous width of a lot measured along the street right-of-way line.
81. “Lot line” means a line oriented in terms of stable points of reference which establishes one boundary of a lot.
82. “Lot line, front” means a lot line separating the lot from the street. On corner lots, the front lot line is the shortest street dimension except that if the lot is square or almost square with dimensions at the ratio of from 3:2 to 3:3, then the front lot line may be along either street.
83. “Lot line, rear” means the lot line opposite and most distant from the front line. In the case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet in length, and parallel to and farthest from the front lot line.
84. “Lot line, side” means any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line.
85. “Lot of record” means a parcel of property in a single ownership or lot which is a part of a subdivision, the plat of which has been legally recorded in the office of the County Recorder as of January 1, 1993.
86. “Lot width” means the length of the front yard setback line.
87. “Lot width to depth” means a ratio that sets the minimum acceptable lot width as function of lot depth. For example, a 1:3 width to depth ratio means that for every three feet of lot depth there must be at least one foot of lot width. Therefore, a 300 foot deep lot must be at least 100 feet wide or wider.
88. “Lot, zoning” means a single tract of land located within a single block which is designated by its owner as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a “zoning lot or lots” may include multiple platted or recorded lots.
89. “Manufactured home” – See definition in Chapter 146 of this Code of Ordinances.
90. “Massage” means any method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument for any form of consideration or gratuity.
91. “Massage Establishment” means any establishment having a fixed place of business, which excludes minors by reason of age, where massages are administered for any form of consideration or gratuity, including but not limited to massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include:
A. Persons licensed by the State of Iowa under the provisions of Chapters 147, 148, 148A, 148B, 148C, 148E, 149, 150, 150A, 151, 152, 152B, 152C, 152D, 157 or 158, Code of Iowa, when performing massage therapy or massage services as a part of the profession or trade for which licensed;
B. Persons performing massage therapy or massage services under the direction of a person licensed as described in paragraph A above;
C. Persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician;
D. Nurses aides, technicians and attendants at any hospital or health care facility licensed pursuant to Chapters 135B, 135C or 145A, Code of Iowa, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in A above;
E. An athletic coach or trainer in any accredited public or private secondary school, junior college or university or employed by a professional or semi-professional athletic team or organization, in the course of his employment as such coach or trainer. This definition shall not be construed to include a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities for the welfare of the residents of the area.
92. “Meeting hall” means a facility providing space for lectures, social function, exhibitions, entertainment, instruction and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas.
93. “Mobile home” – See definition in Chapter 146. 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 appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as “manufactured homes.”
94. “No-impact home-based business” means a home-based business for which all of the following apply:
A. The total number of on-site employees does not exceed the occupancy limit of the residential property;
B. The business activities are characterized by all of the following:
(1) The activities are limited to the sale of lawful good or services;
(2) The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
(3) The activities occur inside the residential dwelling or in the yard of the residential property; and
(4) The activities are not visible from a street adjacent to a residential property.
(Ord. 2022-1010 – Mar. 23 Supp.)
95. “Nonconforming lot” means a lot does not conform to the provisions of this chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto.
96. “Nonconforming structure” means a structure or portion thereof which does not conform to the provisions of this chapter relative to height, yards or building coverage for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto.
97. “Nonconforming use” means any use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this chapter by reason of the adoption of this chapter or subsequent amendments thereto.
98. “Occupant load” means the calculated capacity of a building or structure as established by the International Building Code.
99. “Open space” means that portion of the lot that is not covered by buildings, drives, parking spaces and aisles.
100. “Open space, common” means open space the use of which is shared by all occupants of more than one dwelling unit, as distinguished from private open space.
101. “Open space, private” means open space used by occupants of a dwelling unit.
102. “Overlay zone” means a set of zoning requirements that is imposed in addition to those of the underlying zone. Developments within the overlay zone must conform to the requirements of both zones or, in the case of a disparity, the more restrictive requirements of the two.
103. “Owner” means the person who holds the fee simple or equitable title to the property.
104. “Parking area” means an off-street facility intended or designed for the parking of more than four motor vehicles, including parking spaces, aisles and tree islands.
105. “Parking bay” means a bay shall include an aisle and the parking spaces adjacent to said aisle.
106. “Parking space” means an asphalt, concrete or similar permanent dust-free surface which is intended for off-street vehicular parking.
107. “Patio” means a covered or uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling.
108. “Permitted use” means a principal use which is allowed in the district in which it is listed subject to compliance with the size regulations, general provision and special provisions (if any) of the district in which it is listed and general requirements of this chapter.
109. “Porch” means a covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building.
110. “Porch, open” means a roof projection which has no more than fifty percent (50%) of each outside wall area enclosed by a building or siding material other than meshed screens.
111. “Principal building” means a building which contains the principal use.
112. “Principal use” means the primary use(s) of land or a structure as distinguished from an accessory use. For example, a house is a principal use in a residential area and a garage or pool is an accessory use.
113. “Provisional use” means a principal use which is allowed in the district in which it is listed subject to compliance with the specific requirements mentioned with the use, size regulations, general provisions and special provisions, if any, of the District in which it is listed and general requirements of this chapter.
114. “Quarry” means land used for the purpose of excavating stone or slate as an industrial operation.
115. “Religious institution” means an organization having a religious purpose, which has been granted an exemption from Federal tax as a Sec. 501c organization under the Internal Revenue Code, including churches, rectories, meeting halls, schools and the facilities that are related to their use.
116. “Remodel/repair” means any improvement in a building which is not a structural alteration.
117. “Roof” means the top covering of a building constructed to shield the area beneath from the weather. The term “roof” includes the term “canopy.”
118. “Roof line” means the highest point of the coping of a flat roof; the deck line of a mansard roof; and the mid-point between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof.
119. “Setback” means the required distance between every structure and lot line of the lot on which it is located.
120. “Setback line” means the line beyond which the wall of a building or structure shall not project measured at the required distance parallel to the lot line from which the setback is required. The front yard setback line is a line parallel to the front lot line at a distance as required in the specific zoning district.
121. “Sexual activity establishment” means an establishment which excludes minors by reason of age, used for the display of live presentations distinguished or characterized by an emphasis on matter depicting or describing or involving specified sexual activities or specified anatomical areas. Provided, the provisions of this definition shall not apply to a theater, concert hall, art center, museum or similar establishment which is primarily devoted to presentations distinguished or characterized by an emphasis on matter depicting or describing or relating to specified anatomical areas.
122. “Sign” means any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays and national flags. For the purpose of this Code, signs shall also include all sign structures.
123. “Sign, abandoned” means a sign which for a period of six (6) months does not correctly advertise a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed.
124. “Sign area” means that area enclosed by one continuous line, connecting the extreme points or edges of a sign. Multiple faces of signs shall all be included in determining sign area. This area does not include the main supporting sign structure.
125. “Sign, banner” means a temporary sign composed of light-weight material not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the wind.
126. “Sign, ground” means any sign which is supported by one or more structures, uprights, poles or braces in or upon the ground and independent of support from any building.
127. “Sign, off-premises” means any sign that advertises goods, products, services or facilities or directs persons to a different location from where the sign is located.
128. “Sign, on-premises” means a sign which carries only advertisements strictly incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business, name of the person or firm or corporation occupying the premises.
129. “Sign, portable” means any sign not permanently attached to a building, structure or the ground, capable of being moved at periodic intervals.
130. “Sign, projecting” means a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
131. “Sign, public service” means any sign intended primarily to promote items of general interest to the community such as time, temperature and data, atmospheric conditions, news or traffic control, etc.
132. “Sign, roof” means a sign erected upon or above a roof or parapet of a building or structure.
133. “Sign, swinging” means a sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.
134. “Sign wall” means any sign attached to, painted upon, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.
135. “Special exception use” means a principal use which is allowable when the provisions of district in which it is proposed are met and when the facts and conditions specified elsewhere in this chapter, as those upon which the exception use is permitted, are found to exist by the Board of Adjustment.
136. “Specified anatomical areas” as used in this chapter is defined as:
A. Less than completely and opaquely covered a) human genitals, pubic region, b) buttocks and c) female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernible turgid state even if completely and opaquely covered.
137. “Specified sexual activities” as used in this chapter is defined as:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
138. “Stacking space” means an asphalt, concrete or similar permanent dust free surface which is designed to accommodate a motor vehicle waiting for entry to an auto oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed.
139. “Storage” means the keeping of materials, equipment and vehicles in the same position for seventy-two (72) hours or more.
140. “Story” means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and the ceiling above.
141. “Story, half” means a story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
142. “Street” means the entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic.
143. “Street, arterial” means a street whose principal function is to provide for through traffic, and designed to carry large volumes of traffic.
144. “Street, collector” means a street whose principal function is for carrying traffic from local streets to arterial streets.
145. “Street, cul-de-sac” means a local street terminating in a turnaround.
146. “Street, local” means a street used primarily for access to abutting property.
147. “Street, private” means a drive which is intended to afford the principal means of access to abutting lots and is not owned or controlled by a government entity.
148. “Street, public” means a way which affords the principal means of access to abutting lots and is owned or controlled by a government entity.
149. “Structural alteration” means any change in the configuration of the exterior walls, foundation or the roof of a building which results in an increase in the area, height or volume of the building.
150. “Structure” means anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, radio and TV towers, sheds and permanent signs. Structures exclude vehicles, sidewalks and paving.
151. “Substandard lot” see “nonconforming lot.”
152. “Substantial improvement” means any repair, reconstruction or improvement of 50% or more of the building area or the costs of the improvement equals or exceeds 50% of the most current assessed value of the building by the Johnson County Assessor, (a) before the improvement or repair is started, or (b) if the building has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either (1) any project for improvement of a building to comply with existing state or local health, sanitary or safety code specifications which are necessary to assure safe living conditions or (2) any alteration of a building listed on the National Register or Historical Places or a State Inventory of Historic Places.
153. “Townhouse” means a complex containing not less than three abutting horizontally attached dwellings (townhouse units) and each unit being located on a separate lot.
154. “Use” means a purpose or activity for which land, structures or a portion thereof is designed, occupied and maintained.
155. “Vacation” means the process by which the City discontinues the use of a street, alley or easement as a public way.
156. “Variance” a means of granting a property owner relief from certain provisions of this chapter where owing to special conditions a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa.
157. “Vehicle” means any device in, upon, or by which any person or property is or may be transported or drawn upon a trail, body or water or roadway.
158. “Yard” means a required area on a lot unoccupied by structure above grade except for projections and the specific minor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward.
159. “Yard, front” means the required area across a lot between the front yard line and the street (right-of-way line).
160. “Yard, rear” means the required area from one side lot line to another side lot line and between the rear yard line and the rear lot line.
161. “Yard, side” means the required area from the front yard line to the rear yard line and from the side yard line to the side lot line.
162. “Yard line, front” means a line from one side lot line to another side lot line, parallel to the street, and as far back from the street as required in this chapter for the front yard.
163. “Yard line, rear” means a line parallel to the rear lot line and as far forward from the rear lot line as required by this chapter (see “lot line, rear”).
164. “Yard line, side” means a line parallel to the side lot line and as far from the side lot line as required by this chapter.
165. “Zoning Administrator” means the local official responsible for administration and implementation of the zoning regulations of the City or their authorized representative.
166. “Zoning map” means the map delineating the boundaries of zones which, along with the zoning text, comprises the zoning chapter.