For purposes of this chapter, certain terms or words used herein shall be interpreted as follows. The words “used or occupied” include the words “intended, designed, or arranged to be used or occupied.” The word “lot” includes the words “plot or parcel,” and the following terms shall be defined as follows:
1. “Abutting” means having property or district lines in common.
2. “Access” means a way of approaching or entering a property from a public street or alley.
3. “Accessory building” means a subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, such as by a wall or roof, such accessory building shall be considered part of the main building.
4. “Accessory use” means a use customarily incidental and subordinate to the main use of the land or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.
5. “Agriculture” means the production, keeping or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, mules, goats, or any mutations or hybrids thereof including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds; vegetables; or land devoted to a soil conservation or forestry management program.
6. “Alley” means a public way, other than a street, 20 feet or less in width, affording secondary means of access to abutting property.
7. “Basement” means a story having part but not more than one-half (½) its height above grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five feet.
8. “Bed and breakfast house” means a house or portion thereof where short-term lodging, rooms, and meals are provided. The operator shall live on the premises.
9. “Board” means the Board of Adjustment.
10. “Boarding house” means a building other than a hotel where, for compensation, meals and lodging are provided for four or more persons.
11. “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property, but not including signs or billboards and not including structures or vehicles originally designed for transportation purposes.
12. “Building, height of” means the vertical distance from the average natural grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, and gambrel roofs.
13. “District” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.
14. “Dwelling” means any building or portion thereof designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home.
15. “Dwelling, multiple” means a building or portion thereof designed for or occupied exclusively for residence purposes by two or more families.
16. “Dwelling, single-family” means a building designed for or occupied exclusively for residence purposes by one family.
17. “Dwelling, two-family” means a building designed for or occupied exclusively for residence purposes by two families.
18. “Family” means one or more persons related by blood, marriage or adoption occupying a single dwelling unit. A family does not include more than four persons unrelated by blood, marriage or adoption; however, domestic employees employed on the premises may be housed on the premises without being counted as a family or families.
19. “Family home” means a community-based residential home which is licensed as a residential care facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter 237 of the Code of Iowa to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel. However, “family home” does not mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa.
20. Garage” means a building or portion thereof in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank is stored, repaired, or kept.
21. “Garage, private” means a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.
22. “Garage, public or storage” means a building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.
23. “Grade” means the average elevation of the finished ground at the exterior walls of the main building.
24. “Health care facility” means any residential care facility, intermediate care facility, or skilled nursing facility.
A. Residential Care Facility. A residential care facility is any institution, place, building, or agency providing for a period exceeding 24 consecutive hours’ accommodation, board, personal assistance and other essential daily living activities to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis.
B. Intermediate Care Facility. An intermediate care facility is any institution, place, building or agency providing for a period exceeding 24 consecutive hours’ accommodation, board, and nursing services, the need for which is certified by a physician, to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity require nursing services which can be provided only under the direction of a registered nurse or a licensed practical nurse.
C. Skilled Nursing Facility. A skilled nursing facility is any institution, place, building, or agency providing for a period exceeding 24 consecutive hours’ accommodation, board, and nursing services, the need for which is certified by a physician, to three or more individuals not related to the administrator or owner thereof within the third degree of consanguinity who by reason of illness, disease, or physical or mental infirmity require continuous nursing care services and related medical services, but do not require hospital care. The nursing care services provided must be under the direction of a registered nurse on a 24-hours-per-day basis.
25. “Home occupation” means an occupation conducted in a dwelling unit, provided that:
A. Not more than two persons other than members of the family residing on the premises shall be engaged in such occupation, except by special exception by the Board of Adjustment, which may allow one additional person from outside the family to be employed.
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 50% of the gross floor area of one floor of the dwelling unit shall be used in the conduct of the home occupation.
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding three square feet in area, non-illuminated and mounted flat against the wall of the principal building.
D. No home occupation may be conducted in any accessory building, except by special exception of the Board of Adjustment.
E. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by providing off-street parking and shall not be in a required front yard.
F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises.
26. “Hospital” means an institution which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care over a period exceeding 24 hours of two or more non-related individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the rendering over a period exceeding 24 hours of obstetrical or other medical or nursing care for two or more non-related individuals, or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding 24 hours of two or more non-related aged or infirm persons requiring or receiving chronic or convalescent care; and shall include sanitoriums or other related institutions. Provided, however, this shall not apply to hotels or other similar places that furnish only food and lodging, or either, to their guests. “Hospital” includes, in any event, any facilities wholly or partially constructed with Federal financial assistance, pursuant to Public Law 725, 79th Congress, approved August 13, 1946.
27. “Hotel” means a building occupied as the more or less temporary residence of individuals who are lodged for compensation with or without meals, in which there are sleeping rooms or suites of rooms with no provision made for cooking in any individual room or suite of rooms, and entrance is through a common lobby or office.
28. “Junk yard” means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.
29. “Kennel (commercial)” means an establishment in which dogs or domestic animals more than one year old are housed, groomed, bred, boarded, trained, or sold.
30. “Lodging house” means a building originally designed for or used as a single-family, two-family, or multiple-family dwelling, all or a portion of which contains lodging rooms or rooming units which accommodate persons who are not members of the keeper’s family. Lodging or meals, or both, are provided for compensation. The term “lodging house” shall be construed to include: boarding house, rooming house, fraternity house, sorority house and dormitories.
31. “Lot” means, for purposes of this chapter, a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an approved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;
D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
32. “Lot frontage” means the portion of a lot nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under “Yards” in this section.
33. “Lot measurements” include:
A. Width of a lot is the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the building line; provided, however, width between side lot lines at their foremost points (where they intersect with the street line or front property line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac where 80% requirement shall not apply.
B. Depth of a lot is the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
34. “Lot of record” means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
35. “Lot types” are shown in the chart on the following page which illustrates terminology used in this chapter with reference to “corner” lots, “interior” lots, “through” lots, and “reversed corner” lots as follows:
A. A “corner” lot is a lot located at the intersection of two or more streets.
B. An “interior” lot is a lot other than a corner lot with only one frontage on a street other than an alley.
C. A “through” lot is a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two nonintersecting streets may be referred to as “through” lots. All accessory or principal buildings located in the rear yard of a through lot must either comply with the minimum front yard set-back requirements of the street abutting the rear yard or be placed so as to align with other existing buildings abutting the street.
D. A “reversed corner” lot is a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.
CHART - LOT
36. “Manufactured home” means a factory-built structure, built under the authority of 42 U.S.C. Section 5403, which was constructed on or after June 15, 1976, and is required by Federal law to display a seal from the United States Department of Housing and Urban Development.
37. “Mobile home” means 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 highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons, and also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or Federal seals.
38. “Modular home” means a factory-built structure built on a permanent chassis which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa State Building Code for modular factory-built structures, and must display the seal issued by the State Building Code Commissioner.
39. “Motel” (also motor hotel, motor court, motor lodge, or tourist court) means a building or group of buildings designed to provide sleeping accommodations to transient guests for compensation, and provides near each guest room a parking space for the guest’s vehicle. A swimming pool, restaurant, meeting rooms, management offices and other such accessory facilities may be included.
40. “Nonconformities” means lots, structures, uses of land and structures, or characteristics of uses, which are prohibited under the terms of the Zoning Ordinance but were lawful at the date of enactment of this chapter.
41. “Nursing or convalescent home” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent or physically disabled persons, not including insane and other mental cases, inebriate or contagious cases.
42. “Parking space” means an area of not less than 180 square feet either within a structure or in the open, exclusive of driveway or access drives, for the parking of a motor vehicle.
43. “Permitted use” means a use by right which is specifically authorized in a particular zoning district.
44. “Principal use” means the main use of land or structures as distinguished from an accessory use.
45. “Projections” (into yards) means parts of buildings such as architectural features that extend beyond the building’s exterior wall.
46. “Service station” (gas station) means a building or premises used for dispensing or offering for sale at retail any automobile fuels, oils, or having pumps and storage tanks therefor, or where battery, tire or any similar services are rendered, and where vehicles are not parked for purposes of inspection or sale.
47. “Setback” means the required distance between every structure and lot line on the lot in which it is located.
48. “Sign” means any advertising device or surface outdoors, on or off premises, on which letters, illustrations, designs, figures or symbols are printed or attached and which conveys information or identification.
49. “Sign, off-premises” means an advertising device including the supporting structure which directs the attention of the general public to a business, service, or activity not usually conducted or a product not usually sold upon the premises where such a sign is located. Such a sign shall not include: on-premises signs, directional or other official signs which have a significant portion of their face devoted to giving public service information (date, time, temperature, weather, information, etc.)
50. “Sign, on-premises” means an advertising device concerning the sale or lease of the property upon which it is located and an advertising device concerning activities conducted or products sold on the property upon which it is located.
51. “Statement of intent” means a statement preceding regulations for individual districts, intended to characterize the districts and their legislative purpose.
52. “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling and the ceiling or roof next above.
53. “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the top floor level. A half-story containing independent apartments or living quarters shall be counted as a full story.
54. “Street” means all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.
55. “Street line” means the right-of-way line of a street.
56. “Structural alteration” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
57. “Structure” means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, and excluding temporary political and real estate signs but not including fences or walls used as fences.
58. “Use” means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.
59. “Variance” means a device used by the Board of Adjustment which grants a property owner relief from certain provisions of the Zoning Ordinance when, because of the particular physical surrounds, shape or topographical condition of the property, compliance would result in particular hardship upon the owner, and which further meets the criteria established in Section 165.22 of this chapter.
60. “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. Fences and walls are permitted in any yard, subject to height limitations as indicated herein. (See Chart on following page.)
61. “Yard, front” means a yard extending across the width of the lot and measured between the front lot line and the building or any projection thereof, other than the projection of the usual steps or unenclosed porches. On corner lots the front yard shall be either side for the purpose of selecting the rear yard. Corner lots shall meet the front yard requirements on each street frontage. (See Chart on following page.)
62. “Yard, rear” means a yard extending across the full width of the lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the rear yard shall be the opposite end of the lot from the front yard. (See Chart on following page.)
63. “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building. On corner lots the yard not designated as front or rear yard shall be considered the side yard. Each corner lot shall have two fronts, a rear and one side yard. (See Chart on following page.)
CHART - YARD
64. “Zoning/Building Administrator” means the local official responsible for reviewing zoning and building permits and following a determination by the Board of Adjustment for special exceptions and variances. Decision of the official may be appealed to the Board of Adjustment. Permits are issued by the Zoning/Building Administrator.
65. “Zoning district” means a section the City designated in the text of the Zoning Ordinance and delineated on the Zoning Map in which requirements for the use of land, the building and development standards are prescribed. Within each district, all requirements are uniform.
66. “Zoning Map” means the map delineating the boundaries of districts which, along with the zoning text, comprises the Zoning Ordinance.