(A) For the purposes of this chapter and in order to carry out the provisions contained herein, certain words, terms and phrases are to be interpreted as defined herein.
(B) Words used in the present tense shall include the future tense; the singular number includes the plural, and the plural number includes the singular. The word “lot” includes the word “plot” or “parcel”. The word “shall” is mandatory, and the word “may” is permissive.
(C) The following words, terms and phrases are hereby defined as follows and shall be interpreted as such through these regulations. Terms not herein defined shall have the meaning customarily assigned them.
ACCESSORY BUILDING OR USE. A building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or use.
ALLEY. A trafficway, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street.
AUTO LAUNDRY. A building, or portion thereof, containing facilities for washing more than two automobiles; using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; or partial hand-washing of such automobiles, whether by operator or by customer.
AUTOMOBILE SERVICE STATION. One or more buildings on premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and incidental repair and maintenance may be obtained. Uses permissible at an AUTOMOBILE SERVICE STATION do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normal found in service stations. An AUTOMOBILE SERVICE STATION is not a repair garage or a body shop. (See GARAGE, PUBLIC.) All activities incidental to the sale of gasoline or oil shall be conducted within a business and there shall be no storage or accumulation of equipment or motor vehicles dissolved or otherwise, outside of the principal structure.
BASEMENT. A story having part but not more than 50% of its height below the average grade of the adjoining ground (as distinguished from a “cellar”). A BASEMENT shall be counted as a story for purpose of height measurement.
BILLBOARD. A type of sign having more than 100 square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.
BOARD. The Board of Adjustments of the City of Eldridge, Iowa.
BOARDING OR LODGING HOUSE. A dwelling other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more, but not exceeding 12 persons on a weekly or monthly basis.
BUILDING. Any structure designed, built or intended for the shelter, enclosure or protection of people, animals or moveable property of any kind. Any structures with interior areas not normally accessible for human use shall not be considered as BUILDINGS.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable, hip or gambrel roofs.
CELLAR. A story having 50% or more of its height below the average grade of the adjoining ground. A CELLAR shall be counted as a story, for purposes of height measurement, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
CHILD CARE CENTER. A building or structure which receives three or more children under the age of 16 years, and not of common parentage, for care, protection and supervision apart from their natural parents, legal guardian or custodians, for regular periods of time for compensation.
CITY. The City of Eldridge, Iowa.
CLERK. The City Clerk of the City of Eldridge, Iowa.
CLINIC. A building designed and used for the diagnosis and treatment of human patients by licensed physicians or practitioners that does not include overnight care facilities.
COMMISSION. The Planning and Zoning Commission of the City of Eldridge, Iowa.
CONVENIENCE STORE. Any retail establishment offering for sale food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet with no automobile repair on the premises.
COUNCIL. The City Council of the City of Eldridge, Iowa.
DRIVE-IN RESTAURANT. Any place or premises principally used for the sale, dispensing or serving of food or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food or beverages on or off the premises.
DWELLING. Any building or portion thereof that provides living facilities for residential purposes.
DWELLING, MULTIPLE-FAMILY. A residential building or portion thereof used for occupancy by three or more families living independently of each other and containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit, other than a mobile home, designed for occupancy by one family only, and is entirely surrounded by open space on the same lot.
DWELLING, TWO-FAMILY. A detached residential building containing two separate dwelling units, which are arranged so as to create an independent housekeeping establishment for occupancy by two families with separate toilets and facilities for cooking and sleeping.
DWELLING UNIT. A dwelling which consists of one or more rooms which are arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
ELDER FAMILY HOME. The occupation of a private household by up to five ambulatory elderly persons pursuant to the Iowa Code. More than five persons are allowed if they are related to the resident provider.
ESSENTIAL SERVICES. The erection, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
FAMILY. One or more persons occupying a dwelling and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five persons, as distinguished from a group occupying a boarding house, lodging house, hotel or group.
FARM. An area of 35 or more acres which is used for the growing of the usual farm products, such as vegetable, fruit, trees and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term FARMING includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further that FARMING does not include the extraction of minerals or the operation of commercial feedlots for livestock. The term FARM includes farm dwellings occupied by the farm owner, operator or seasonal or year-round hired farm workers.
FEEDLOT. Any tract of land or structure, pen or corral, wherein cattle, horses, sheep, goats and swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.
FENCE. A structure, other than a building, which is an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Decorative corner treatments which do not exceed six feet in length and three feet in height are not considered FENCES.
FRONTAGE. All the property on one side of a street between two intersecting streets or highways (crossing or terminating) measured along the line of a street or highway, or if the street is dead ended, abutting on one side between an intersecting street or highway and the dead end of the street or highway. FRONTAGE shall not include property more than 400 feet distant on either side of a lot.
GARAGE, PRIVATE. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle exceeding two-ton capacity.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
GARAGE, STORAGE. Any building or premises used for housing only of motor-driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
GROUP HOME FOR THE DISABLED.
(a) A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
(b) 1. As used herein, the term DISABLED shall mean having:
a. A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently;
b. A record of having such an impairment; or
c. Being regarded as having such an impairment.
2. However, DISABLED shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.
(c) The term GROUP HOME FOR THE DISABLED shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration.
HOME OCCUPATION.
(a) Any occupation or activity incidental to residential use, when carried on in the main building by one member of the immediate family residing on the premises, in connection with which there is no sign used other than a nonilluminated name plate not more than two square feet in area or no display used that will indicate from the exterior that the building is being used for any purpose other than that for a dwelling. There is no commodity sold on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of the type that is similar in character to that normally used for purely domestic or household purposes.
(b) HOME OCCUPATIONS shall include, but are not limited to, the use of premises by a physician, surgeon, dentist, lawyer, clergyman, barber, beautician or other professional.
HOTEL. A facility offering transient lodging accommodations on a daily rate to the general public and may provide additional services, such as restaurants, meeting rooms and recreational facilities.
INSTITUTIONS. A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNKYARD. A lot, land or structure, or part thereof, used primarily for the collection, storage and/or sale of waste paper, rags, scrap metal or discarded materials or for the collection, storage, dismantling and salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. The term JUNKYARD shall include auto wrecking yards.
KENNEL. Any lot or premises on which four or more dogs, or small animals, more than six months of age, are kept for compensation or sale.
LAUNDROMAT. An establishment providing hometype washing, drying or iron machines for hire to be used by customers on the premises.
LOT. A parcel of land which is or may be occupied by a building and its accessory buildings or related use, together with such yards or open spaces within the lot lines as may be required by these regulations.
LOT AREA. The total horizontal area included within lot lines.
LOT, CORNER. A lot which has at least two adjacent sides abutting for their full length on a street; provided the interior angle at the intersection of such two sides is less than 135 degrees. A CORNER LOT shall be designated to have two front lot lines and two side lot lines. The two front lot lines shall be the two sides of the lot that abut the street.
LOT DEPTH. The depth of a lot which shall be considered to be the distance between the midpoints of straight lines connecting foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets as distinguished from a corner lot. The sides of the lot abutting streets shall be considered front yards.
LOT, FRONTAGE. That dimension of a lot or portion of a lot abutting on a street excluding the side dimension of a corner lot.
LOT, INTERIOR. A lot other than a corner lot with only one frontage street.
LOT LINE, FRONT. In the case of an interior lot. It is the line separating said lot from the street. In the case of a corner lot or double frontage lot, both lines separating said lot from streets shall be considered FRONT LOT LINES.
LOT LINE, REAR. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line not less than ten feet long and wholly within the lot.
LOT LINE, SIDE. Any lot boundary line that is not a front or rear lot line.
LOT LINES. The lines bounding a lot as defined herein.
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; or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this chapter.
LOT, REVERSE FRONTAGE. A double frontage lot which has a vehicular access point limited to the back of the lot, rather than having access on the front.
LOT WIDTH. The width of a lot which shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the average of the rear and front widths shall be used.
MANUFACTURED HOME. A single-family detached dwelling that is factory built, which is manufactured or constructed under the authority of 42 U.S.C. § 5403 and is to be used as a place for human habitation, but which is not constructed or equipped 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. For the purpose of this definition, a MANUFACTURED HOME shall be converted to real property in conformance with Iowa Code § 135D.26 and shall not be allowed to be reconverted from the real property, thus created, to a mobile home. All MANUFACTURED HOMES installed on single-family lots shall have recorded in their abstracts of title, prior to the occupancy of the dwelling, an affidavit that states that any alteration to the structure shall be certified, by the manufacturer or a licensed architect or engineer, as complying with 42 U.S.C. § 5403 and that any alteration not certified is illegal.
MOBILE HOME. Any vehicle used, or so constructed as to permit its being used, as a conveyance upon the public streets or highways, and duly licensable as such, and so designed, constructed, reconstructed or added to by means of an enclosed addition or room, in such manner as will permit the occupancy thereof as a dwelling or sleeping place of one or more persons on a permanent basis and supported by wheels, jacks or similar supports. A travel trailer is not to be considered a MOBILE HOME. (See definition of TRAVEL TRAILER.)
MOBILE HOME PARK. A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more mobile homes.
MOTEL. A building or group of buildings used primarily for the temporary residence of motorists or travelers on a daily rate and may provide additional services, such as restaurants, meeting rooms and recreational facilities.
NEIGHBORHOOD PARKS. An area primarily for recreation dedicated or to be dedicated to the city and developed integrally with a subdivision and in accordance with subdivision chapter.
NONCONFORMING USE. Any building or land lawfully occupied by a use at the time of this chapter, or amendment thereto, which does not conform after passage of this chapter, or amendment thereto, with the use regulations of the district in which it is situated.
PARK. Any public or private land available for recreational, educational, cultural or aesthetic use.
PARKING SPACE. A durably surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one standard automobile, and if the space is unenclosed comprising an area of not less than 140 square feet, exclusive of a durably surfaced driveway connecting the PARKING SPACE with a street or alley and permitting satisfactory ingress and egress for an automobile.
PLANNED UNIT DEVELOPMENT (PUD). A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements.
RECREATIONAL VEHICLE. For the purposes of this chapter, MAJOR RECREATIONAL VEHICLES are defined as including boats and boat trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and similar vehicles. Trailers used for hauling which are required to be licensed by the state are also included under provisions of this chapter.
ROW DWELLING. One of two or more residential buildings having a common or party wall separating dwelling units.
SATELLITE RECEIVERS. A concave dish or an antenna anchored to a foundation or portable and which is a device designed and intended to transmit or receive or intercept microwave, television, radio and other such signals or transmissions.
SCREENING. The method by which a view of one site from another adjacent site is shielded, concealed or hidden. SCREENING techniques include fences, walls, hedges, berms or other features.
SEPTIC TANK. A sewerage system with a seepage field designed to function on an individual lot basis.
SETBACK LINE. The line denoting the distance required to obtain the minimum front, side and rear yards as required by the appropriate zoning regulations.
SEWERAGE SYSTEM, CENTRAL. A type which is approved by the State Department of Health and the County Health Department as properly designed to serve one or more subdivisions. A septic tank is not a CENTRAL SEWERAGE SYSTEM.
SIGN. A structure or device designed or intended to convey information to the public in written or pictorial form.
SIGN, OFF-SITE. A sign other than an on-site sign.
SIGN, ON-SITE. A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. ON-SITE SIGNS do not include billboards.
STABLE, PRIVATE. An accessory building in which horses are kept for private use and not for renumeration, hire or sale.
STABLE, PUBLIC. An accessory building in which horses are kept for commercial use, including boarding, hire and sale.
STORY. The portion of a building included between the upper surface of any floor and upper surface of the floor next above, or the ceiling or roof next above such floor; provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall palates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes, other than janitor or caretaker and his or her family, shall be deemed a full story.
STREET. A general term used to describe a public right-of-way which provides a channel for vehicular and pedestrian movement, and which may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of utilities (both above and below ground).
STREET, COLLECTOR. A trafficway which carries traffic between sections of the community or which serves as a connector between rural areas and the community.
STREET, EXPRESSWAY. A limited access trafficway connecting two or more communities.
STREET, LOCAL. A trafficway which serves primarily for access to abutting properties.
STREET, MAJOR THOROUGHFARE. A trafficway connecting communities or connecting to limited access trafficways which, in turn, connect to other communities.
STREET, MARGINAL ACCESS. A local street which is parallel to and adjacent to primary streets and highways, and which provides access to abutting properties and protection to local traffic from fast through-moving traffic on the primary streets.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, walls, fences, billboards, poster panels, whirlpools, swimming pools, hot tubs and satellite receivers.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a structure such as bearing walls, beams, girders or any substantial change in the roof or exterior walls.
TOBACCO SHOP. Any premises where sales of tobacco, cigarettes, or alternative nicotine products, as defined by Iowa Code Chapter 453A as may be amended, and/or accessory products account for 50% or more of the gross sales within the premises. Accessory products include any miscellaneous products that could be used in the production or consumption of tobacco, cigarettes, or alternative nicotine products. TOBACCO SHOPS may be known as VAPE SHOPS, SMOKE SHOPS, HOOKAHS or other similar names.
TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational propose, having a body width not exceeding State Department of Transportation regulations.
VARIANCE. A relaxation of the terms of this chapter by the Board of Adjustments not to be contrary to the public interest, and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
YARD. A required open space at grade unoccupied and unobstructed by any structure or portion of a structure, except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, REAR. An open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, SIDE. An open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
ZONING ENFORCEMENT OFFICER. The person appointed to occupy the office created herein, in which office is vested the chief administrative and enforcement duties as outlined in this chapter.
(Ord. 2023-14, passed 7-17-2023; Ord. 2024-08, passed 4-1-2024)