Certain words used to explain land use regulations require special usage. Other words and terms must be defined as to the manner in which they relate to zoning. The following words are defined as suggested for the purpose of clarity and understanding of the recommendations of this Title:
ABANDONMENT: Any action overt or by default to give up one's rights or interests in property.
ACCESSORY STRUCTURE or USE: An "accessory structure" or accessory use" is one which:
A. Is subordinate to and serves a principal structure or principal use;
B. Is subordinate in area, extent or purpose to the principal structure or principal use served;
C. Contributes to the comfort, convenience or necessity of occupants of the principal structure or principal use served;
D. Is located on the same zoning lot as the principal structure or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served;
E. An "accessory use" includes, but is not limited to, the following:
1. A children's playhouse, garden house, and private greenhouse.
2. A garage, shed or building for domestic storage.
3. Incinerators incidental to residential use.
4. Storage or merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.
5. Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations.
6. Swimming pool, private, for use by the occupants and his guests.
7. Off-street motor car parking areas, and loading and unloading facilities.
8. Signs, subject to the provisions of Chapter 18.
9. Carports.
10. Public utility facilities such as telephone, electric, gas, water and sewer lines, their supports and incidental equipment.
ACREAGE: Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.
AGRICULTURE: All the processes of planting, growing, harvesting of crops in the open and the raising and feeding of livestock and poultry; including farming, farm buildings and farm dwellings, truck gardens; flower gardens, apiaries, aviaries, mushroom growing, nurseries, orchards, forestry, dairying, greenhouses and commercial vegetables.
AIRPORT: An area of land or water which is used, or intended for use, for the landing and take off of aircraft; and any appurtenant areas which are used or intended for use as airport buildings or other airport structures or rights of way together with all airport buildings and structures located thereon.
AIRPORT HAZARD: Any structure or tree or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft.
AIRPORT HAZARD AREA: Any area of land or water upon which an airport hazard might be established if not prevented.
ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property.
ALTERATION, STRUCTURAL: Any change affecting the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL: A lot, building, structure, enclosure or premises whereon or wherein three (3) or more dogs, cats and other domestic animals are kept or maintained and which is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the State of Iowa.
APARTMENT: A room or suite of rooms in a multiple-family structure, with kitchen facilities, which is arranged, designed, used or intended to be used, as a single housekeeping unit.
AUDITORIUM: A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.
AUTOMOBILE LAUNDRY (AUTOMATIC): A building or portion thereof containing facilities for washing more than two (2) automobiles, using production-line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.
AUTOMOBILE LAUNDRY (SELF-SERVICE): A building or portion thereof containing facilities for washing more than two (2) automobiles, using self-service mechanical devices.
AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body frame or fender straightening, or repair, and painting of vehicles.
AUTOMOBILE SALES AREA: An open area, other than a street, used for the display or sale of new or used automobiles, and where no repair work is done except for minor incidental repair of automobiles to be displayed and sold on the premises.
AUTOMOBILE SERVICE STATION: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease for operation of automobiles are offered for sale directly to the public, on the premises, and including minor accessories and servicing of automobiles; but not including major automobile repairs, and including washing of automobiles where no chain conveyor, blower or steam-cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include open sales lots for automobiles or trailers (new or used).
AUTOMOBILE WRECKING YARD: Any place where two (2) or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of vehicles. The open storage of any type of mechanical equipment from which parts can be salvaged shall be classified as salvaging.
AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building and overhangs.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.
BILLBOARD: Any structure or portion thereof upon which are signs or advertisement used as an outdoor display. This definition does not include bulletin boards used to announce church services, or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shore lines of waterways or corporate boundary lines of the City.
BOARDING HOUSE: A building other than a hotel or restaurant where meals are provided for compensation to four (4) or more persons, but not more than twelve (12), who are not members of the keeper's family.
BOATHOUSE: Any structure designed for the purpose of protecting or storing of boats used in conjunction with a residence for noncommercial purposes, and located on the same lot as the principal building and not for human habitation.
BUILDABLE AREA: The space available for building on a zoning lot after the minimum open space requirements have been complied with.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.
Any structures with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as buildings.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same zoning lot.
BUILDING HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat or slant roof, to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING LINE: The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot on which it is located, is conducted.
BUILDING SETBACK LINE: A line parallel to the street line at a distance from it, regulated by the front yard requirements set up in this Title.
BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.
BULK: The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and including the following:
A. Size and height of buildings.
B. Location of exterior walls at all levels in relation to lot lines, streets or to other buildings.
C. Gross floor area of buildings in relation to lot area.
D. All open spaces allocated to the building.
E. Amount of lot area per dwelling unit.
F. Required parking areas.
BUS LOT: Any lot or land area used for the storage or layover of passenger buses or motor coaches.
CARPORT: A roofed-over area attached to the principal building for vehicle storage, which may be open on three (3) sides.
CELLAR: A story having more than one-half (1/2) its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
CITY: That area lying within the corporate limits of the City of Fort Madison, Iowa, and that area lying without the City limits within a two (2) mile distance to which unincorporated areas of the City may from time to time extend its zoning powers by ordinance.
CLINIC OR MEDICAL HEALTH CENTER: An establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians and their professional associates, practicing medicine together.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being generally restricted to members and their guests.
COMMISSION, PLANNING AND ZONING: The Planning and Zoning Commission of the City of Fort Madison, Iowa.
COTTAGE BUSINESS: Any occupation or activity which is clearly incidental and secondary to the use of the premises for the dwelling and which is carried on wholly within the dwelling unit. A cottage business may also be permitted in an accessory building, attached or detached; provided, the accessory building has been in existence two (2) years prior to the date of application. The owner, or renter of said dwelling, together with any immediate family members operating said business must live in the dwelling. The exterior appearance of the dwelling shall not be altered, enlarged or changed by the business so as to alter the outer appearance from a dwelling to that of a business. The said cottage business cannot occupy more than twenty percent (20%) of the main floor area of the dwelling, but can be located anywhere within the dwelling. If in an accessory building, a cottage business may occupy up to fifty percent (50%) of said accessory building. Cottage business permits must be renewed yearly unless extended by the Board of Adjustment.
COURT, OUTER: An open, unoccupied space opening onto a street, alley or yard.
COVERED PATIO: A roof system built over a hard surface level floor of concrete, brick or other, at grade attached to a primary structure.
CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street.
DAY NURSERY: A building or portion thereof used for the daytime care of preschool age children.
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels". (Ord. B-39, 1969)
DECK: A structure built above grade without a roof attached to the primary structure.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND: Any place or premises used for sale, dispensing or serving of food, refreshments or beverages in automobiles including those drive-in establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
DUPLEX DWELLING, ZERO LOT LINE: A two-family dwelling in which living quarters are arranged side by side having separate access, utilities and sewer, which may exist on a lot or parcel which is divided into two (2) parcels to allow separate ownership of each parcel; provided, that the division of the parcel is in such a manner as to result in one single-family dwelling unit being located on either side of the common boundary line, with the common wall between the two (2) laterally joined single-family dwelling units being on said common boundary line, and further subject to the recording of restrictive covenants, prior to division, which provide that the owners thereof are jointly and severally liable and responsible for the maintenance and repair of the common wall, as well as all other common aspects, including but not limited to utilities, water, sanitary sewer, storm sewer, easements and driveways, all to the point of division. A duplex shall meet all other requirements pertaining to a two-family dwelling. Nothing herein, however, shall be construed to allow the separate other use of one or both of the resulting two (2) parcels of real estate in the event the laterally joined two- family dwelling unit is partially or totally damaged or destroyed.
DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, motels, board or lodging houses.
DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, DUPLEX: A two-family dwelling in which the living quarters are arranged side by side but not one over the other.
DWELLING GROUP: Two (2) or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof, designed or altered for occupancy by three (3) or more families living independently of each other.
DWELLING, ONE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one family.
DWELLING, ROW (PARTY-WALL): A row of two (2) to eight (8) attached one-family, party-wall dwellings, not more than two and one-half (21/2) stories in height, nor more than two (2) rooms in depth, measured from the building line.
DWELLING, TWO-FAMILY: A building designed or altered to provide dwelling units for occupancy by two (2) families.
DWELLING UNIT: One or more rooms in a residential structure which are arranged, designed, used or intended for use by one family, plus not more than four (4) lodgers, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.
EDUCATIONAL INSTITUTION: Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
EMERGENCY SHELTER: Public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots and invasions.
FACTORY-BUILT HOUSING: A factory-built structure designed for residential use. For the purpose of these regulations, factory-built housing may consist of three (3) 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 or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons (excluding servants), who need not be related by blood, marriage or adoption, living together and maintaining a common household but not including sororities, fraternities or other similar organizations.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit trees, and grain, and for the packing or storage of the products produced on the premises, as well as for the raising thereon of the usual farm poultry and farm animals such as horses and cattle, as secondary to crop raising, subject to distance limitations from residential property, and not including the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of poultry broilers, or laboratory animals, such as mice, rats, rabbits, etc.
FIFTH-WHEEL TRAVEL TRAILER: A type of travel trailer which is towed by a pickup by a connecting device known as a fifth wheel. However, this type of travel trailer may have an overall length which shall not exceed forty feet (40').
FILLING STATION: Building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition the following services may be rendered and sales made, and no others:
A. Sale and servicing of spark plugs, batteries and distributors and distributor parts;
B. Tire service and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing and polishing, and sale of automotive washing and polishing materials;
F. Greasing and lubrication;
G. Provision and repair of fuel pumps, oil pumps and lines;
H. Minor servicing and repair of carburetors;
I. Emergency wiring repairs;
J. Adjusting and repairing brakes;
K. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
L. Sale of cold drinks, packaged foods, tobacco and similar convenience goods for filling station customers as accessory and incidental to the principal operations;
M. Provision of road maps and other informational material to customers; provision of restroom facilities.
Uses permissible at a filling station do not include major mechanical and bodywork, 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 normally found in filling stations. A filling station is not a repair garage nor a body shop.
FLOOD PLAIN: The relatively flat lowlands adjoining a watercourse or other body of water subject to overflow therefrom during flood periods.
FLOODWAY: The channel of the stream or body of water and that portion of the flood plain that is inundated by a flood and used to carry the flow of the flood.
FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FRONTAGE: All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right of way, waterway or other similar barrier.
GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses, or motor coaches used in public transportation, including school buses.
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on; provided that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two (2) car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed two (2) tons.
GARAGE, PUBLIC: A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck-trailers and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GRADE:
A. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
B. For buildings having walls adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street. Where no sidewalk exists the grade shall be established by the city engineer.
HOME OCCUPATION: Any occupation or activity which is clearly incidental and secondary to the use of the premises for the dwelling and which is carried on wholly within the dwelling unit. A home occupation may not be permitted in any accessory building detached from the dwelling. The owner, or renter, of said dwelling, together with any immediate family members, operating the business must live in the dwelling. The exterior appearance of the dwelling shall not be altered, enlarged or changed by the business. No article can be sold or offered for sale, except such as may be produced on the premises by members of the immediate family. No items made available for sale may be displayed on the premises. Teaching, tutoring or babysitting five (5) children or less at any one time, mail ordering, art studio, desktop publishing (resumes, etc.) and clothing alterations, can all be deemed as home occupations. Offices, clinics, doctor's offices, hospitals, barbershops, beauty parlors, dress shops, millinery shops, real estate offices, tearooms, restaurants, tourist homes, animal hospitals, kennels, shall not be deemed to be home occupations.
HOTEL, MOTEL, INN OR AUTO COURT: An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, restaurants, including the sale of alcoholic beverages, telephone and secretarial or desk service.
HOUSEHOLDER: The occupant of a dwelling unit who is either the owner or lessee thereof.
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNKYARD, INCLUDING AUTOMOBILE WRECKING AND STORAGE: Any lot, building, structure, enclosure, premises or parts thereof used for the storage, keeping or abandonment of any worn out, cast off or discarded or abandoned article, material, vehicle, automobile and machinery or parts thereof, which is ready for destruction or sale, or has been collected or stored for salvage or conversion to some use, including scrap metal, paper, wood, cordage or other waste or discarded materials, articles, vehicles, automobiles and machinery or parts thereof, of vehicles or automobiles without a valid current state registration and license plate issued to said vehicle or automobile, and to the occupant, owner, purchaser, lessor, lessee or tenant of any lot, building or structure therein or thereon situated.
KENNEL, COMMERCIAL: A lot, building, structure, enclosure or premises whereon or wherein dogs or cats are maintained, boarded, bred, kept or cared for, in return for remuneration, or are kept for the purpose of sale, or are groomed, trained or handled for others.
LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly, or packaging of products is not included within this definition.
LOADING AND UNLOADING SPACE OR BERTH, OFF-STREET: An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than twelve feet (12') in width, thirty five feet (35') in length, and shall have a vertical clearance of fourteen feet (14'), exclusive of access aisles and maneuvering space.
LODGING OR ROOMING HOUSE: A building other than a hotel where lodging only is provided for three (3), but not more than twenty (20) persons. Such lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guests.
LOT: A parcel of land legally described as a distinct portion or piece of land of record.
LOT AREA: The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets or adjoining a curved street at the end of a block.
LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.
LOT, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE: A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.
LOT LINE, FRONT: The front property line of a zoning lot.
LOT LINE, INTERIOR: A side lot line common with another lot.
LOT LINE, REAR: The lot line or lot lines most nearly parallel to and most remote from the front lot line.
LOT LINE, SIDE: Lot lines other than front or rear lot lines are side lot lines.
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 of Lee County, Iowa, or a parcel of land, the deed of which was recorded in the office of the county recorder of Lee County prior to the adoption of this title.
LOT REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTH: The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.
MANUFACTURE: The making of anything by any agency or process.
MANUFACTURED HOME: A factory-built structure built under authority of 42 USC section 5403, that is required by federal law to display a seal from the United States department of housing and urban development, and was constructed on or after June 15, 1976.
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 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; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is not built to a mandatory building code, contains no state or federal seals, and was built before June 15, 1976.
MOBILE HOME PARK (RESIDENTIAL): A site, lot, field, or tract of land upon which three (3) or more mobile homes or manufactured homes, or a combination of any of these homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer, or septic, and electrical services available.
The term "mobile home park" shall not be construed to include mobile homes, buildings, tents or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students.
MODULAR HOME: A factory-built structure 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.
MOTEL: An establishment consisting of a group of attached living or sleeping rooms with individual bathrooms and designed for use by transients. Customary services such as maid service telephone, linen and desk service, and the use and upkeep of furniture, are provided.
MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
MOTOR HOME: A motor vehicle designed as an integral unit to be used as a conveyance upon the public streets and highways and for use as a temporary or recreational dwelling and having at least four (4), two (2) of which shall be systems specified in subsection A, D, or E of this definition, of the following permanently installed systems which meet American national standards institute and national fire protection association standards in effect on the date of manufacture:
A. Cooking facilities.
B. Icebox or mechanical refrigerator.
C. Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both.
D. Self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both.
E. Heating or air-conditioning system or both, separate from the vehicle engine or the vehicle engine electrical system.
F. A 110-volt/115-volt alternating current electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply.
MULTI-FAMILY DWELLING, ZERO LOT LINE: A three- or more family dwelling in which living quarters are arranged side by side having separate access, utilities and sewer, which may exist on a lot or parcel which is divided into three (3) or more parcels to allow separate ownership of each parcel; provided, that the division of the parcel is in such a manner as to result in one single-family dwelling unit being located on either side of the common boundary line, with the common wall between the three (3) or more laterally joined single-family dwelling units being on said common boundary line and further subject to the recording of restrictive covenants, prior to division, which provide that the owners thereof are jointly and severally liable and responsible for the maintenance and repair of the common wall, as well as all other common aspects, including, but not limited to, utilities, water, sanitary sewer, storm sewer, easements and driveways, all to the point of division. A zero lot line dwelling shall meet all other requirements pertaining to a multi-family dwelling. Nothing herein, however, shall be construed to allow the separate use of any of the resulting parcels of real estate in the event the laterally joined multi-family dwelling unit is partially or totally damaged or destroyed.
NAMEPLATE: A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.
NONCONFORMING BUILDING: A building or structure, or portion thereof, lawfully existing at the time of adoption of this title, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.
NONCONFORMING USE: Any building, structure or land lawfully occupied by a use lawfully established at the time of the adoption of this title or amendments hereto, which does not conform after the passage of this title, or amendments hereto, with the use regulations hereof.
NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well being of human beings.
NURSERY SCHOOL: An institution providing daycare service for children from four (4) to six (6) years of age.
NURSING HOME OR REST HOME: A private home for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders.
OBSTRUCTION: An obstacle, impediment or hindrance.
OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER: An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals (American Standards for Sound Level Meters, ASA no. 244.3-1944).
OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, farm machinery and equipment, and for the storage of same prior to sale.
PARKING AREA, PRIVATE: An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, or occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC: An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (11/2) tons' capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of not less than one hundred eighty square feet (9' x 20'), exclusive of access aisles or drives, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one- half (11/2) tons capacity.
PARTICULATE MATTER: Material which is suspended or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PATIO: An open, uncovered (no walls or roof) surfaced outdoor living area, at grade, abutting and accessible from a dwelling.
PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PLANNED DEVELOPMENT: A tract of land which is planned as a whole for development under single ownership or control and which, by virtue of such unified planning and development, provides greater amenities, convenience or other benefits than normally would be had through the development of diverse smaller tracts under multiple ownership. In the case of residential planned development, adequate provision shall be made for basic community facilities such as schools, parks, playgrounds and churches, among others. The minimum area for a planned development shall be:
A. | For residential | 4 acres |
B. | For business | 5 acres |
C. | For industrial | 10 acres |
D. | For governmental | 2 acres |
E. | For mobile home parks | 10 acres |
PORCH: A structure built above grade with a roof attached to a primary structure.
PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use.
PUBLIC OPEN SPACE: Any publicly owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
PUBLIC UTILITY: Any person, firm, corporation or Municipal department duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation or water.
RAILROAD RIGHT-OF-WAY: A strip of land with tracks, and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.
RECREATIONAL CAMP: An establishment consisting of a permanent building or group of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to members of such association and not to anyone who may apply.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shops, lunchroom, drive-in stand, tearoom and dining room; and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
RINGELMANN CHART: A chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.
RINGELMANN NUMBER: The number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.
ROADSIDE STAND: A farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located, for the sale of the farm products raised on said farm.
SAND AND GRAVEL PITS: The term "sand or gravel pit" shall include the removal of sand or gravel deposits from the land for commercial purposes, regardless of whether or not such operation results in the creation of a depression in the ground.
SELF-SERVICE STORAGE FACILITY: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies. No commercial or individual sales will be permitted from such facilities.
SIDEWALK CAFE: A restaurant that provides outdoor seating on public property for the purpose of serving food and/or beverages.
SIGN: A name, identification, description, display or illustration which is affixed to, or painted or represented directly or indirectly upon a building, structure, tree, rock or other object, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business.
However, a sign shall not include any display or official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.
SIGN, ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.
SIGN, BUSINESS: A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, CHURCH BULLETIN BOARD: A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.
SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this title, any revolving, illuminated sign shall be considered a flashing sign.
SIGN, GROSS SURFACE AREA OF: A sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SIGN, IDENTIFICATION: A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.
SINGLE DWELLING UNIT, ATTACHED: An individual dwelling unit structure with all rooms and/or accessory areas physically attached or interconnected by means of a common wall(s) or by roofed, enclosed corridors or spaces of not less than eight feet (8') in width. The length of any interconnecting area shall not be more than one and one-half (1.5) times its width. All portions or segments of a single dwelling unit shall be accessible by means of interior doorways or corridors.
SMOKE UNITS: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.
SOUND LEVEL METER: An instrument standardized by the American standards association for measurement of intensity of sound.
SPECIAL USE: A use permitted by special zoning certificate in accordance with the provisions of chapter 22 of this title.
STACKING REQUIREMENTS: The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.
STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.
STORY, HALF: A half-story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half feet (41/2') above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three (3) stories in height, a half-story in a sloping room shall not be counted as a story.
STREET: A public way other than an alley, which affords a primary means of access to abutting property.
STREET LINE: A line separating a lot, piece or parcel from a street.
STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on the ground, including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
STRUCTURE, NONCONFORMING: Any structure which does not conform to the regulations of this title prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between structures on a single lot, and minimum required usable open space for the district in which such structure is located.
TAVERN OR LOUNGE: A building where liquors and/or beer are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.
TINY HOMES: Residential structures that do not normally comply with district lot and structure requirements, but are allowed due to the unique nature and need for specialized housing assistance. Tiny homes are of such unique characteristics that they are allowed only by special use permit if listed within the district and all the criteria are met as listed in 10-22-11 of this code.
TOURIST COURT, MOTOR LODGE, MOTEL: A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges or other similar type uses.
TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests.
TOXIC MATERIALS: A substance (liquid, solid or gaseous) which by reason of a deleterious property, tends to destroy life or impair health.
TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRAVEL TRAILER: A vehicle without motive power used, manufactured, or constructed to permit its use as a conveyance upon the public streets and highways and designed to permit its use as a place of human habitation by one or more persons. The vehicle may be up to eight feet six inches (8'6") in width and its overall length shall not exceed forty feet (40'). The vehicle shall be customarily or ordinarily used for vacation or recreational purposes and not used as a place of permanent habitation.
TRUCK PARKING AREA OF YARD: Any land used or intended to be used for the storage or parking of trucks, truck-trailers, truck-tractors and including any other commercial vehicles, while not loading or unloading, which exceed one and one-half (11/2) tons in capacity.
USE: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.
USED CAR LOT: A zoning lot on which used or new cars, trailers or trucks are displayed in the open for sale or trade.
YARD: An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
YARD, FRONT: A yard extending along the full length of the front lot line between the side lot lines.
YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.
YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard.
ZONING ADMINISTRATOR: To be appointed by the city council.
ZONING LOT: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore a "zoning lot" may or may not coincide with a lot of record.
ZONING MAP: The map or maps incorporated into this title as a part hereof, designating zoning districts. (Ord. B-39, 1969; amd. Ord. B-129, 3-6-1973; Ord. B-453, 12-4-1984; Ord. C-085, 6-4-1991; Ord. C-154, 4-6-1993; Ord. C-170, 9-7-1993; Ord. C-229, 11-15-1994; Ord. C-254, 1-16-1996; Ord. C-278, 6-3-1997; Ord. C-334, 3-20-2001; Ord. C-412, 2-15-2005; Ord. D-30, 4-5-2016; Ord. D-39, 1-17-2017; Ord. D-046, 11-21-2017; Ord. D-085, 3-1-2022)