(A) Construction of terms. The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this chapter.
(1) Tense. Words used in the present tense include the future tense.
(2) Number. Words used in the singular include the plural, and words used in the plural include the singular.
(3) Shall and may. The word “shall” is mandatory; the word “may” is permissible.
(4) Gender. The masculine shall include the feminine and the neuter.
(5) Person. The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(6) Used or occupied. The word “used” or “occupied” include the words intended, designed or arranged to be used or occupied.
(7) Headings. In the event that there is a conflict or inconsistency between the heading of a chapter, section or division of this chapter and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A subordinate structure or use, which customarily is incidental to that of the principal or conditional use of the premises. Customary residential accessory uses include, but are not limited to, tennis courts, swimming pools, detached garages, air conditioners, garden houses, children’s play houses, barbecue ovens, fire places, patios and residential storage sheds; but under no circumstances including incomplete or inoperable motor vehicles. Garages or other ACCESSORY USES attached to the principal structure shall be considered a part thereof and meet the requirements of the principal structure.
AGRICULTURE. The use of land for agricultural purposes including farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, aquatic farming and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that, the operation of such accessory use shall be secondary to that of normal agricultural activities. If the tract of land is less than 20 acres, it shall be presumed that the tract is not primarily used for agricultural purposes.
ALLEY. A dedicated public right-of-way, other than a street which provides only a secondary means of access to abutting property.
BASEMENT. The portion of a building having part, but not more than one-half of its height below grade. A BASEMENT is counted as a story for the purpose of height requirements.
BED AND BREAKFAST HOME. A private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than two guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations and serves food only to overnight guests.
BOARD. The Board of Adjustment of Guthrie County, Iowa.
BOARDING OR LODGING HOUSE. A building other than a hotel where, for compensation and by pre-arrangement for definite periods, lodging and/or meals, are provided for three or more persons, but not exceeding 20 persons. Individual cooking facilities are not provided.
BUILDING, ATTACHED. A building which is joined to another building at one or more sides by a common wall; except that, an accessory building, including a garage, shall be considered attached to the principal building if connected by a roof.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards.
BUILDING HEIGHT. The vertical dimension measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the average height between the plate and ridge of a gable, hip or gambrel roof.
CAMPGROUND, COMMERCIAL AND RECREATIONAL VEHICLE PARK. Any premises where two or more camping units are parked/placed for camping purposes, or any premises used or set apart for supplying to the public, camping space for two or more camping units for camping purposes, which include any buildings, structures, vehicles or enclosure used or intended wholly or in part for the accommodation of transient campers.
CAMPING UNIT. Any recreational vehicle or other vehicle, tent or other movable shelter used for camping purposes.
CELLAR. The portion of a building consisting of less than one-fourth area of a basement that is primarily used for housing of heating, cooling, water heater, water softener and related items not intended as a living space.
COMMISSION. The Planning and Zoning Commission of Guthrie County, Iowa.
COMMON LAND or OPEN SPACE. An area of land or water or combination thereof planned for passive or active recreation, but does not include area utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts and the like may be included as COMMON OPEN SPACE.
COMMON SEWER SYSTEM. A central sewer collecting system available to each platted lot and discharged into a treatment plant, the construction and location of which is approved by the appropriate county and/or state agency, and which does not include individual septic systems.
COMMON WATER SYSTEM. A central water system available to each platted from one single source approved by the appropriate county and/or state agency.
CONDITIONAL USE. A conditional use is the main use of the premises that would not be appropriate generally or without restrictions throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as CONDITIONAL USES, if specific provisions for such CONDITIONAL USE is made in this chapter.
CONSTRUCTION AND DEMOLITION WASTE. Waste building materials including wood, metals and rubble which result from construction and demolition of structures. Such waste shall also include trees.
CONSTRUCTION AND DEMOLITION WASTE DISPOSAL SITE. A sanitary landfill which accepts only construction and demolition wastes.
CONVALESCENT, NURSING AND RETIREMENT HOMES. A building or structure having accommodations and where care is provided for at least three unrelated, invalid, infirm, aged, convalescent or physically disabled or injured persons, not including insane or other mental cases, inebriate or contagious cases for compensation, but not including, hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
COUNTY. Unincorporated areas of Guthrie County, Iowa.
COUNTY BOARD. The Board of Supervisors of Guthrie County, Iowa.
COUNTY INFRACTION. A civil offense punishable by a civil penalty and issued by means of a citation.
COUNTY ROAD. Any street, other than a highway.
DAY CARE NURSERY or NURSERY SCHOOLS. Any public or private agency, institution, establishment or place which provides supplement parental care and/or educational work, other than lodging overnight, for six or more unrelated children of pre-school age, for compensation.
DEMOLITION RUBBLE WASTE. Stone, brick or similar inorganic matter.
DEMOLITION RUBBLE WASTE DISPOSAL SITE. Any land, premises or property used for the storage of rubble for a period of 14 days or more. The Planning Director may, at his or her discretion, allow materials other than “demolition rubble waste” to be placed in the DEMOLITION RUBBLE WASTE DISPOSAL SITE; however, these non-rubble materials may never exceed 5% of the total volume of the individual loads of materials being placed in any DEMOLITION RUBBLE WASTE DISPOSAL SITE.
DISTRICT. A section or sections of the county within which certain regulations and requirements of this chapter covering the use, height, area, size and intensity of the use of buildings, land and open spaces about buildings are uniform. The term CLASS “A” DISTRICT shall mean any agricultural district; the term CLASS “R” DISTRICT shall mean any residential district; the term CLASS “C” DISTRICT shall mean any commercial district; and the term CLASS “I” DISTRICT shall mean any industrial district.
DISTRICT, OVERLAY. A district which acts in conjunction with the underlying zoning district or districts.
DWELLING. Any building or portion thereof which is designed or used exclusively for residential purposes, but not including tent, recreational vehicle, both as defined in this chapter and in Chapter 152 of this code of ordinances, or trailer. Tents and/or recreational vehicles shall not be utilized as a permanent place of abode, dwelling or business. Continuous occupancy shall be presumed to be permanent occupancy.
(a) CONDOMINIUM DWELLING. A multi-family dwelling as defined herein whereby the fee title to each dwelling unit is held independently of the other.
(b) COOPERATE DWELLING. A multi-family dwelling as defined herein whereby the fee title to each dwelling unit is held jointly by owners of all the dwelling units.
(c) MULTI-FAMILY DWELLING. A dwelling containing three or more dwelling units, designed for and occupied by an equal number of families.
(d) ROW DWELLING or TOWNHOUSE. A multi-family dwelling, as defined herein, whereby each dwelling unit is designed and erected as a unit on a separate lot and separated from other units by an approved wall or walls.
(e) SINGLE-FAMILY DETACHED DWELLING. A detached dwelling unit designed for and occupied by not more than one family.
(f) TWO-FAMILY DWELLING. A dwelling containing two dwelling units, designed for and occupied by not more than two families.
(g) FARMSTEAD DWELLING. A dwelling located on a farm and occupied by a person or family employed fully or partially in the agricultural pursuits of the farm on which it is located.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. Is a grant by the property owner to the public, a corporation or persons of the use of a tract of land for a specific purpose or purposes.
ESSENTIAL SERVICES. The erection, construction, 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, but not including buildings.
ETHANOL OR BIODIESEL PRODUCTION PLANT. A set of buildings or plant site used for the processing of a gasoline or diesel additive and its by-products.
FAMILY. One or more persons occupying a single dwelling unit and living as a single housekeeping unit, whether or not related to each other by blood, marriage or adoption. A FAMILY shall not, under any circumstances, be construed as a board or lodging house, special placement residence, fraternity or sorority house, club, hotel or motel.
FAMILY, MEMBER OF THE IMMEDIATE. A person’s parents, spouse, child, mother-in- law, father-in-law, brother, sister, grandparents or grandchild.
FAMILY HOME. A community-based residential home which is licensed as a residential care facility under Iowa Code Chapter 135C, or a child foster care facility under Iowa Code Chapter 237, to provide room and board, personal care, habilitation services and supervision in a family environment exclusively for not more than eight persons with a development disability or brain injury and any necessary support personnel. However, FAMILY HOME does not mean an individual foster family home licensed under Iowa Code Chapter 237. This definition shall also include the terms HOME FOR PERSONS WITH PHYSICAL DISABILITIES, ELDER FAMILY HOMES and ELDER GROUP HOMES.
FARM. A tract or area of land which is primarily used for agricultural purposes and the growing and production of all farm products thereon, and their storage on the area, or for the raising thereon of poultry or livestock.
FARMSTEAD. The buildings and adjacent service areas of a farm.
FEED LOT or LIVESTOCK CONFINEMENT FACILITY. A feed lot shall mean the confined feeding of food of animals in buildings, lots, pens, pools or ponds, which normally are not used for the raising of crops or for grazing animals. The term FEED LOT shall include dairies, livestock feed lots, livestock confinement facilities, poultry farms and poultry confinement facilities.
FENCE, SIGHT-OBSCURING. A fence or planting arranged in such a way as to obstruct vision.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or, if the street is dead-ended, then all of the property abutting on one side between an intersecting streets and the dead end of the street.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be GRADE.
GRAIN ELEVATOR or GRAIN DISTRIBUTION PLANT. A structure or group of structures whose purpose is limited to the receiving, processing, storage, drying and transporting of bulk grain.
GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than four motor 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.
GARAGE, COMMERCIAL. A building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor vehicles.
HIGHWAY. An officially designated federal or state numbered highway, or other major street or road designated by the county as a thoroughfare.
HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradiction to a board house or lodging house.
INOPERABLE MOTOR VEHICLE. Any motor vehicle or portion thereof which does not have a current Iowa license or has one of the following conditions: parts have been removed for re-use, salvage or sale or the vehicle has been incapable of operating or has not been operated under its own power for more than 30 days or machinery which, because of its defective or obsolete condition, or rotted, rusted or loose parts, or which in any other way constitutes a threat to the health and safety of the citizens. The definition shall include implements of husbandry not a part of a farming operation.
JUNK. All old or scrap copper, brass, lead or other non-ferrous metal; old rope, rags, batteries, paper, trash, rubber debris, water; dismantled or inoperable vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old discarded glass, tinware, plastic or old discarded household goods or hardware.
JUNKYARD. Any place not fully enclosed in a building, used in whole or in part for the storage, salvage or deposit of junk, unusable lumber or salvaged wood, whether in connection with a business or not, which encompasses an area of 600 cubic feet or more, or any place where more than two inoperable motor vehicles, or used parts and materials thereof when taken together equal the bulk of two motor vehicles, are stored and deposited. For the purposes of this chapter, JUNKYARD shall include SALVAGE YARD, WRECKING YARD, USED LUMBERYARD and PLACES FOR STORAGE OF SALVAGED WOOD.
KENNEL, COMMERCIAL. Any person who keeps or maintains more than four dogs six months or older. The term shall also include any kennel for dogs and/or cats, which performs one or more of the following activities:
(a) Board of such animals not owned by the proprietors;
(b) Breeding of such animals for sale, whether or not such animals are raised, trained, groomed or boarded by proprietors; and
(c) Grooming and training services of such animals.
KENNEL, PRIVATE. A non-commercial kennel at, in or adjoining a private residence where dogs are kept for hobby of the householder, in using them for hunting or practice training or for exhibiting them in shows of field or obedience trials or for guarding or protecting the householder’s property. The keeper of a PRIVATE KENNEL may keep or maintain no more than four dogs, six months or older.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. The space shall have a minimum dimension of 12 feet by 35 feet and vertical clearance of at least 14 feet. Required OFF-STREET LOADING SPACE is not to be used as off-street parking in computation of required off- street parking spaces.
LOT. A parcel of land at least sufficient size to meet the minimum zoning requirements for use, coverage and area to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street or on a private street approved prior to the effective date of this chapter and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record; and 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. In no case shall a parcel of land conveyed under a lease be construed as a LOT, unless said lot has been platted as a LOT in an approved subdivision.
LOT FRONTAGE. The portion of a lot or parcel of land which abuts a street. Each side of a lot so abutting a public street shall be considered as a separate LOT FRONTAGE. The frontage of a lot or lots shall be measured along the street right-of-way line.
LOT LINES. The property lines bounding a lot.
(a) FRONT LOT LINE. The lot line separating the front of the lot from the street. However, for purposes of determining lot requirements in cases where the front lot line is located within a street or highway right-of-way or easement, the street right-of-way line shall be used. In the case of a corner lot, that part of the lot having the narrowest frontage on any street shall be considered the FRONT LOT LINE.
(b) REAR LOT LINE. The lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or odd shaped lot, it shall mean a straight line ten feet in length which:
1. Is parallel to the front lot line or its chord; and
2. Intersects the two other lot lines at points most distant from the front lot line.
(c) SIDE LOT LINE. Any lot line other than a front or rear lot line. A SIDE LOT LINE separating a lot from a front or rear lot line. A SIDE LOT LINE separating a lot from another lot or lots is called an interior side lot line.
LOT MEASUREMENTS. The following lot measurements apply.
(a) LOT AREA. The gross horizontal area within the lot lines of a lot, exclusive of any area contained within a street or highway right-of-way or easement of access.
(b) LOT DEPTH. The mean horizontal distance between the front and rear lot lines. In the case of an irregular, triangular or odd shaped lot, the depth shall be the horizontal distance between the midpoints of the front and rear lot lines.
(c) LOT WIDTH. The horizontal distance between the side lot line as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front yard setback. Where the lot width is decreasing from front to rear, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the required minimum rear yard setback.
LOT OF RECORD. A lot which is a 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.
LOT TYPES. The following types of lots are defined.
(a) CORNER LOT. A lot located at the intersection of two or more streets, having the street right-of-way abut the front and one or more side lines of the lot. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(b) DOUBLE FRONTAGE LOT. A lot, other than a corner lot, having frontage on two or more non-intersecting streets.
(c) FLAG LOT. An interior lot which is generally located behind other lots and which would be a land-locked area of land if not for a narrow strip of land, used exclusively for access purposes, connecting the area with a public street. The minimum bulk requirements for a FLAG LOT, excluding the strip, shall be the same as required for other lots within the zoning district.
(d) INTERIOR LOT. A lot, other than a corner lot, having frontage on only one street.
MAJOR RECREATIONAL EQUIPMENT. Includes recreational vehicles, boats and boat trailers, and the like, and equipment used for transporting recreational equipment, whether or not occupied by such equipment.
MANUFACTURED HOME. A factory-built structure built under authority of the Construction and Safety Standards Act, being 42 U.S.C. § 5403, 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 6-15-1976. If a MANUFACTURED HOME is placed in a mobile home park, the home must be titled and is subject to the mobile home square foot tax. If a MANUFACTURED HOME is placed outside a mobile home park, the home must be assessed and taxed as real estate.
MANUFACTURED HOME CONVERTED TO REAL ESTATE. A manufactured home which is located outside a mobile home park shall be converted to real estate by being placed on a permanent foundation and shall be assessed for real estate taxes. MANUFACTURED HOMES CONVERTED TO REAL ESTATE shall not be considered as portable or potentially portable structures, but rather shall be considered single-family dwellings for the purpose of this chapter.
MINI-WAREHOUSE. A building or group of buildings not more than one story or 20 feet in height and not having any dimension greater than 150 feet per building, containing varying sizes of individualized, compartmentalized and controlled access stalls or lockers for the dead storage of customer’s goods or wares, excluding junk, explosive or flammable materials, and other noxious or dangerous materials, including, if any, caretaker or supervisors’ quarters as an accessory use. No business activities other than rental of storage units shall be conducted on the premises.
MOBILE HOME. Any vehicle which at any time was used or maintained for use as a conveyance upon highways or public streets, or waterways, and duly licensed as such; and so designed and constructed as to permit occupancy thereof as a dwelling unit or sleeping place for one or more persons.
(a) This definition shall refer to and include portable and potentially portable contrivances used or intended to be used generally for living and sleeping quarters and which is capable of being moved by its own power, towed or transported by another vehicle.
(b) This definition shall also include and apply to such vehicles or structures that are located on a permanent or temporary foundation, but shall not include manufactured homes converted to real estate, as defined herein.
MOBILE HOME PARK or TRAILER PARK. Any lot or portion of a lot which two or more mobile homes or trailers occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations.
MOBILE HOME SUBDIVISION. A subdivision created for the purpose of and restricted to the sale or lease of individual lots for occupancy by independent mobile homes or mobile homes converted to real estate and having public streets, utilities and other public facilities installations approved by the Board of Supervisors in accordance with the subdivision regulations of the county.
MODULAR HOME. (Does not include double-wide mobile homes.) Any prefabricated structure of conventional construction used for dwelling purposes moved onto a site in essentially complete constructed condition, in one or more parts and when completed is a single-family unit on a permanent foundation, attached to the foundation with permanent connections. MODULAR HOMES shall not be considered as portable or potentially portable structures, but rather shall be considered single-family dwellings for purposes of this chapter.
MOTEL or MOTOR HOTEL. A building or group of attached or detached buildings containing individual sleeping or living units for overnight auto tourists, with parking facilities conveniently located to each such unit, and may include such accessory facilities such as swimming pools, restaurant, meeting room and the like.
NOISE DISTURBANCE. Any sound which:
(a) Endangers or injures the safety or health of humans or animals;
(b) Annoys or disturbs a reasonable person of normal sensitivities; or
(c) Endangers or injures personal or real property.
NON-CONFORMING STRUCTURE. Any structure or building lawfully constructed prior to the effective date of this chapter (or amendment thereto) which does not conform with the bulk regulations of the district in which it is located.
NON-CONFORMING USE. The lawful use of any structure or land that was established prior to the effective date of this chapter (or amendment thereto) which does not conform with the regulations of the district in which it is located.
OBJECTIONABLE ODOR. An odor that is of such frequency, duration, quality and intensity as to be harmful or injurious to human health and welfare, or so as the unreasonably interfere with the comfortable use and enjoyment of life and property of individuals or the public.
PARKING SPACE, OFF-STREET. An area which includes the parking plus the maneuvering space required for the parking of motor vehicles. Space for maneuvering incidental to parking or unparking shall not encroach upon any public right-of-way. For purposes of rough computation, an OFF-STREET PARKING SPACE and necessary access and maneuvering may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case and in accordance with all ordinances and regulations of the county.
PERMANENT FOUNDATION. A pier footing foundation system designed and constructed to be compatible with the structure and the conditions of the site. Said foundation system shall have visual compatibility with the permanent foundation systems of the surrounding residential structures. A PERMANENT FOUNDATION shall not under any circumstances by construed as a conventional mobile home skirting.
PORCH, UNENCLOSED. A roofed projection which has no more than 50% of each outside wall area enclosed by a building or siding material other than meshed screens.
PRINCIPAL USE. A principal use is the main use of the premises permitted outright in a particular zoning district as distinguished from a conditional use.
PRIVATE NON-COMMERCIAL CLUB. A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or premises, or portion thereof, the use of such building or premises being restricted to members and their guests. The affairs and management of such private clubs are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objectives by the organization; and, further provided that, such sale of alcoholic beverages is in compliance with the applicable federal, state, county and municipal laws.
QUARTER-QUARTER SECTION. The northeast, northwest, southeast or southwest quarter of a quarter section delineated by the United States Government system of land survey and which is approximately 40 acres in size.
RECREATIONAL VEHICLE. A vehicular type camping unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Temporary occupancy shall be considered no more than two weeks when the RECREATIONAL VEHICLE is not located in a commercial campground and recreational vehicle park. The basic entities are: travel trailer; camping or tent trailer; truck camper; and motor home or coach.
RECREATIONAL VEHICLE SITE. A plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent or other individual camping unit on a temporary basis.
REPEAT OFFENSE. A recurring violation of the same section of this chapter.
RIGHT-OF-WAY. The land area, the right to possession of which is secured or reserved for public purposes.
ROADSIDE STAND. A structure used seasonally for the sale of neighborhood agricultural products or other products grown or produced on the premises.
ROOFLINE. The juncture of the roof and the perimeter wall of the structure.
SERVICE STATION. Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles, and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories and other items customarily associated with the sale of such products; for the rendering of serve and making of adjustments and replacements to motor vehicles, and the washing, waxing and polishing of motor vehicles, as incidental to other services rendered; and the making of repairs to motor vehicles except of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring and frame repairs; major overhauling of engines requiring the removal of engine cylinder head or crankcase pan; repairs to radiators requiring the removal thereof; or complete recapping or retreading of tires. A SERVICE STATION is not a commercial garage, nor a body or fender shop.
SETBACK. The required minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building respectively for a particular zoning district. SETBACK may also be referred to as required yard.
SIGN. Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation use as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but shall not include any display of official notice.
(a) FREE-STANDING SIGN. A sign which is supported by structures or supports in or upon the ground and independent of support from any building or wall.
(b) PORTABLE SIGN. A free-standing sign which is not permanently anchored secure to the ground.
(c) PROJECTING SIGN. A sign, other than a wall sign, which is supported or attached to any building or wall and which extends more than one foot out from the building or wall.
(d) ROOF SIGN. A sign which is erected upon or above the roof or parapet of any building.
(e) TEMPORARY SIGN. A sign which is intended only for a limited period of display.
(f) WALL SIGN. A sign which is painted on or attached to and erected parallel to the face of the outside wall of any building and supported by such building or wall and which displays only one advertising surface.
SIGN, AREA. The sign area shall be that area determined by the Zoning Administrator using actual dimensions, where practicable, or approximate dimensions when irregularity of sign shape warrants. Such AREA shall include the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display. The AREA OF A SIGN composed of characters or words attached directly to a building or wall surface shall be the smallest rectangle which encloses the whole group. Where a sign has two or more faces, the AREA of all faces shall be included in determining the AREA of the sign; except that, where two such faces are placed back to back and are at no point more than 24 inches from one another. In this instance, the AREA OF THE SIGN shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.
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 signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
SIGN, OUTDOOR ADVERTISING AND BILLBOARDS. All structures, regardless of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure be placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located.
SPECIAL PLACEMENT RESIDENCE. Any building or premises occupied by three or more persons not related to the owner, lessee or operator by blood, marriage or adoption, who upon their release as patients from any recognized mental institution, treatment ward for alcoholism, treatment center for narcotic addicts or as an inmate of any correctional penal institution, uses such building or premises as living facilities in order to secure non-institutionalized care in their attempt to re- enter society as healthy, happy and useful human beings. The operator must reside at such premises.
STABLE, COMMERCIAL AND RIDING ACADEMY. A building or structure used or intended to be used for the housing of horses which are let, hired, used or boarded on a commercial basis and for compensation. Riding instruction may be given in connection with a COMMERCIAL STABLE or RIDING ACADEMY.
STABLE, PRIVATE. An accessory building or structure used or intended to be used for the housing of horses owned by the occupant of the property or temporary guests of the occupant on a non- commercial basis and not for compensation.
STABLE, RIDING CLUB. A building or structure used or intended to be used for the housing of horses owned by a group of persons a non-commercial basis.
STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling or roof next above it.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than a half-story above the top floor level.
STREET. The entire width between the boundary lines of every way intended for public use for the purpose of vehicular and pedestrian traffic and for the placement of utilities. The term STREET shall include avenue, circle, drive, highway, lane, place, thoroughfare or any other similar designation.
STREET, HARD SURFACE. A street which has a full-depth surfacing consisting of concrete, or asphalt with a structural capacity equivalency of concrete, constructed in accordance with appropriate local, county or state regulations.
STREET RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and the contiguous street. The boundary line of a street.
STRUCTURAL ALTERATIONS. Any replacement or changes in the type of construction or in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance.
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, billboards, signs, towers, sheds, storage bins, and gas and liquid storage tanks, but excluding driveways, parking areas, patios, and public items such as utility poles, street light fixtures, street signs, sidewalks and paving on streets.
SUBTERRANEAN HOME. A dwelling which has all but one wall completely covered and landscaped with earth, including the roof. For the purposes of this chapter, a cellar or basement shall not be defined as a SUBTERRANEAN HOME.
SUMMER COTTAGE. A single-family dwelling or mobile home, including houseboats, intended for seasonal or temporary occupancy only, and not permanently occupies as a family residence for more than 180 days during any calendar year.
TAVERN. An establishment in which the primary function is the public sale and serving of alcoholic beverages for consumption on the premises, including establishments commonly known as key clubs, which are open and in which alcoholic beverages are served only to members and their guests.
TRAILER CAMP or TOURIST CAMP. An area providing spaces for two or more travel trailers, camping trailers or tent sites for temporary occupancy with necessary incidental services, sanitation and recreation facilities to serve the traveling public.
TRAVEL TRAILER or CAMPING TRAILER. A 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 s and so designed to permit the vehicles to be used as a place of human habitation by one or more persons. Said vehicle may be up to eight feet in width and any length. Such vehicle shall be customarily or ordinarily used for vacation or recreation purposes; if used as a place of human habitation for more than 90 days in a 12-month period, it shall be classified as a mobile home. This definition shall also include house cars and camp cars having motive power and designated for temporary occupancy, as herein defined.
VARIANCE.
(a) A relaxation of the terms of this chapter where such variance shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
(b) As used in this chapter, a VARIANCE is authorized only for the height, area and size of structures or the size of yards and open spaces; establishment of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district or because of conditions created by the landowner.
YARD. An open space unoccupied and unobstructed by any portion of a structure from two and one-half feet above the general ground level of the graded lot upward; provided, however, that, fences, walls, yard recreational and laundry drying equipment, arbors and trellises, flagpoles, yard lights, statuary and similar decorative items, and other customary yard accessories may be permitted in any yard subject to height limitations and requirements limiting obstruction or visibility. 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 principal building shall be used. In measuring a YARD for the purpose of determining the width of a side yard, the least distance between the lot line and the nearest permitted building shall be used.
(a) FRONT YARD. A yard extending between side lot lines and measured horizontally and at right angles from the front lot line to the nearest point of the principal building or structure.
(b) REAR YARD. A yard extending between side lot lines and measured horizontally and at right angles from the rear lot line to the nearest point of the principal building or structure.
(c) SIDE YARD. A yard extending between the front and rear yard and measured horizontally and at right angles from the side lot line to the nearest point of a permitted building or structure.
ZONING ADMINISTRATOR. The Zoning Administrator of Guthrie County, Iowa.
(Ord. passed - -2010)