The following definitions shall govern the interpretation of the regulations of the City of Hiawatha Unified Development Code.
1. “Accessory building, structure, or use” means a building, structure or use which:
A. Is subordinate to and serves a principal building, structure, or use.
B. Is located on the same zoning lot as the principal building, structure, or use served, except as otherwise expressly authorized by the provisions of this Code.
C. Contributes to the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal building, structure, or use served.
D. Includes, but is not limited to, satellite antenna dishes, solar panels, and wind generators.
2. “Adult artist-body painting studio” means an establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas (as defined herein).
3. “Adult book store” means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined herein) or an establishment or section devoted to the sales or display of such material.
4. “Adult cabaret” means any place holding a liquor license or beer permit, or combination for consumption of beer or liquor, or both, on the premises wherein entertainment is characterized by emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein).
5. “Adult entertainment establishment” means any other establishment not otherwise defined herein, but of the same general classification as the other establishments herein defined, having as a substantial or significant portion of its business the offering of entertainment, stocks in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of specified sexual activities or specified anatomical areas (as herein defined).
6. “Adult massage parlor” means any place of business wherein any method of pressure on or friction against, or rubbing, stroking, kneading, tapping, pounding or vibrating the external parts of the body with the hand or any body parts, or by a mechanical or electrical instrument, under such circumstances that it is reasonably expected that the individual to whom the treatment is provided or some third person on his or her behalf will pay money or give other consideration or gratuity therefore, wherein the massage is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas (as defined herein).
7. “Adult mini motion picture theater” means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), for observation by patrons therein.
8. “Adult modeling studio” means an establishment or business which provides the services of modeling for the purposes of reproducing the human body by means of photography, painting, sketching, drawing or otherwise wherein the activity is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas (as defined herein).
9. “Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined here) for observation by patrons therein.
10. “Adult sexual encounter center” means any business, agency, or persons who, for any form of consideration or gratuity, provide a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purposes of performing activities distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas (as defined herein).
11. “Adult theater” means a motion picture theater or stage show theater or combination thereof used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons therein.
12. “Agriculture” means the raising of food and feed crops and products, and including tree and vine products, animal husbandry including bee-keeping, dairying, poultry, and pasturage and the like, but excluding commercial feed lots, fur farms, kennels, and boarding kennels, and boarding and riding stables. It includes the ordinary accessory uses and structures for preparing, treating, and storing products, equipment and machinery, provided, however, that the operation of any such accessory uses shall be secondary to that of ordinary agricultural activities.
13. “Airport” means an area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.
14. “Alley” means a public or private right-of-way generally designed to provide a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
15. “Apartment” means a room or suite of rooms designed and arranged for use as a residence by a single family.
16. “Apartment house” – see definition of “dwelling, multiple-family.”
17. “Appeal” – see Section 165.81 of this Code.
18. “Automobile” means a four-wheeled, motor driven vehicle designed and intended primarily to carry not more than six passengers but not including a bus, van, or motor home.
19. “Automobile service station” means an establishment for the retail sale of fuel, lubricants, tires, and other similar products and supplies for vehicles, including minor accessory parts. It may also include minor parts installation, towing, servicing, and minor repairs of vehicles; and vehicle washing facilities and trailer rental when secondary to the above activities. Major repairs and sale of vehicles are expressly excluded.
20. “Automobile salvage and wrecking” – see definition of “salvage yard.”
21. “Basement” means that portion of a building between floor and ceiling which is partly below grade but having more than one-half its height above the average grade of the adjoining ground. For the purpose of this Code a basement shall not be considered a story unless designed or used for habitable space or business purposes.
22. “Bed and breakfast home” means a dwelling unit within which a portion thereof is used to provide short-term lodging and meals for compensation for a limited number of overnight guests.
23. “Beer garden” means any establishment—which includes any area out-of-doors or not completely contained within a building in which alcoholic beverages are served and/or consumed—and may include the serving or consumption of food and is associated with a special event or other outdoor activities. The facility shall be duly approved and licensed as required by applicable State and local regulations. “Beer garden” does not include outdoor seating areas of a restaurant or bar regularly open during their business hours.
24. “Billboard” – see definition of “sign, advertising.”
25. “Block” means a tract or area of land within a subdivision that is entirely bounded by streets, or by a combination of streets, public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal boundary lines, township lines, county lines, or the boundary of the subdivision.
26. “Board” means the Board of Adjustment of the City of Hiawatha, Iowa.
27. “Boarding house” – see definition of “lodging house.”
28. “Buildable area” means the area of a lot remaining after the minimum open space and/or yard requirements of this Code have been complied with.
29. “Building” means any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind.
30. “Building, attached” means 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 as attached to the principal building if connected by a roof.
31. “Building, detached” means a building entirely surrounded by open space.
32. “Building height” means the vertical distance from the sidewalk level, or its equivalent established grade opposite the center of the front of a building to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the desk line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel room. Where no sidewalk level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.
33. “Bulk” is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another and includes:
A. Height and area of buildings.
B. Location of exterior walls in relation to lot lines, streets, or other buildings.
C. Gross floor area of buildings in relation to lot area.
D. All open spaces allocated to buildings.
E. Amount of lot area required for each dwelling unit.
34. “Car-wash” means a building, or portion thereof, containing facilities for the primary purpose of washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, and other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.
35. “Cellar” means that portion of a building between floor and ceiling which is partly or entirely underground but having more than one-half its height below the average grade of the adjoining grade. For the purpose of this Code it shall not be considered a story.
36. “Church” means a building, structure or group of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith and having been granted an exemption from federal tax as a nonprofit religious organization.
37. “City” means:
A. The City of Hiawatha, Iowa.
B. Persons authorized to perform specified functions on behalf of the City of Hiawatha, Iowa.
38. “City Engineer” means the professional engineer registered in the State of Iowa designated as City Engineer by the Council or other hiring authority.
39. "City Standards" means the design of improvements shall be in accordance with the Engineering Standards as adopted by Resolution of the Hiawatha City Council in accordance with Hiawatha Code Section 165.58.
(Ord. 923 - Feb. 19 Supp.)
40. “Club” means building and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose but not primarily for profit nor to render a service which is customarily carried on as a business.
41. “Commission” means the Planning and Zoning Commission of the City.
42. “Communication tower” means a structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals.
43. “Community center” means a building used for recreational, social, educational, and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or non-profit group or agency.
44. “Comprehensive Plan” means the general plan for the development of the community, which may be titled master plan, comprehensive plan or some other title, which plan has been adopted by the Council. Such Comprehensive Plan shall include any part of such plan separately adopted and any amendment to such plan or parts thereof.
45. “Convalescent home” – see definition of “health care facility.”
46. “Convenience store” means an establishment for retail sale of petroleum products and other supplies for motor vehicles, as well as for the retail sale of a variety of other items typically sold in grocery stores.
47. “Court” means an unoccupied open space, other than a yard, on the same lot with a building which is bordered on two or more sides by the building.
48. “Coverage” means that part of a lot or tract covered by a building or buildings.
49. “Crisis counseling center” means a primarily non-residential facility which provides counseling, referral, emergency mediation, and other similar human service functions, and may include temporary emergency lodging for families and individuals in immediate need.
50. “Cul-de-sac” means a street having one end connecting to another street, and the other end terminated by a vehicular turn around.
51. “Day care center” means:
A. A facility in which are received more than 11 children for part or all of a day for care and/or instruction. The facility shall be approved and licensed by the State. The term day care center includes but is not limited to the following: nursery schools, child care centers, day nurseries, kindergartens, preschools and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems. Day care center does not include a group day care home or a family day care home.
B. A facility which provides supervised activities as a principal use, on a daily basis, for adults who do not require specialized care and do not remain on the premises overnight.
C. A “group child day care home” is a facility providing nonresident child day care for less than 12 children. No more than six children, at one time, shall be less than six years of age, and there shall never be more than four children under two years of age, present at any one time. All children including the provider’s not regularly in school full days, shall be included in the total.
D. A “family day care home” is a facility operated by a resident occupant which provides nonresident child care to less than seven children.
52. “Degree of nonconformity” means the degree of deviation of a particular nonconformity from uses or structures permitted within a district. The same uses classifications shall be interpreted to have the same degree of non-conformity for purposes of this Code. A determination of whether a decrease or an increase in the degree of non-conformity has occurred shall be based on the following listing of districts. Districts listed adjacent to each other on the list have the least degree of nonconformity. A, R-1, R-3, R-5, R-7, R-MH, C-ORS, C-2, C-3, C-4, C-R, C-WH, I-1, I-2.
CPR Zoning District Nonconformity: To be less nonconforming for CPR districts, the use must be permitted to the CPR use matrix.
53. “Density” means a ratio of dwelling units or persons to land area.
54. “Disabled” means, in reference to an individual, a physical or mental impairment that substantially limits one or more of the major life activities – caring for one’s self, performing manual tasks, walking, seeing, hearing, breathing, learning and working – and has continued over time and can be expected to continue indefinitely.
55. “District” means any section or area of the City for which the regulations governing the use of buildings and premises, building bulk, and related matters are uniform.
56. “Drive-in establishment” means an establishment which, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product which may be used or consumed in an automobile on the premises or to be entertained while remaining in an automobile. This term does not include sidewalk or patio cafes where service is provided to tables only.
57. “Dwelling” means a building, or portion thereof, not a mobile home, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple family dwellings, but not including hotels or motels, or other transient accommodations, nor institutional care facilities such as hospitals, nursing homes or orphanages.
58. “Dwelling, attached” means a dwelling which is joined to another dwelling at one or more sides by a common wall or walls, and where dwellings do not share entry or any interior common space, including duplexes, townhomes, row houses, and zero lot line dwellings.
EXCEPTION: Dwellings in a duplex may share an entrance and entry space.
59. “Dwelling, detached” means a dwelling containing a single dwelling unit which is entirely surrounded by open spaces on the same lot.
60. “Dwelling, multiple-family” means a building, or portion thereof, containing three or more dwelling units.
61. “Dwelling, mixed use” means a building or development or portion thereof containing one or more dwelling units and additional occupancies or uses. Nonresidential uses must be allowable or conditional uses within the zoning district. All dwelling units must be located above the first floor unless approved as part of a Planned Unit Development or designated watchman’
62. “Dwelling, single-family” means a building containing one dwelling unit only.
63. “Dwelling, two-family” means a building containing two dwelling units – also a duplex.
64. “Dwelling unit” means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking, eating and sanitation.
65. “Easement” means authorization by a property owner, for the specified use by another, of any designated part of his or her property.
66. “Efficiency unit” means a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove; directly off the principal room.
67. “Emergency residential shelter” means a residential facility providing temporary lodging for families or individuals in immediate need. The facility may also provide limited temporary counseling, referral, mediation, and similar human service functions.
68. “Emergency service and repairs” means those actions necessary for starting and/or moving a disabled vehicle; includes only repair or replacement of fuses, battery, tires, belts, hoses, headlights, lock and key service, glass replacement, jump starts, towing, and adding fuel.
69. “Establishment, business” means a place of business carrying on operations, the ownership or management of which are separate and distinct from those of any other place of business located on the same zoning lot.
70. “Extended care facilities” – see definition of “health care facility.”
71. “Factory-built housing” means a factory-built structure designed for long-term residential use. For the purposes of these regulations, factory-built housing consists of three types: modular homes, mobile homes, and manufactured homes.
72. “Factory-built structure” means 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.
73. “Family” means one or more persons each related to the other by blood, marriage, adoption, legal guardianship or as foster parent-children who live together in a single dwelling and maintaining a common household. No more than five persons not so related and living together on the premises as a common household may constitute a family. Domestic servants residing with said family are considered unrelated persons.
74. “Family home” means a 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, rehabilitation 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.
75. “Flood hazard area” means any area subject to flooding by a one percent probability flood, otherwise referred to as a 100-year flood, as designated by the Department of Natural Resources or the Federal Insurance Administration.
76. “Flood plain” means that area of land adjoining a watercourse or other body of water which has been determined to be subject to periodic coverage by flood water.
77. “Floodway” means:
A. The channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a one hundred (100) year flood without cumulatively raising the waterways surface elevation more than one foot.
B. It is the channel of a watercourse or body of water and those portions of the adjoining flood plains designating as necessary to carry and discharge the floodwater flow of such watercourse or body of water.
78. “Floor area” means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of common walls separating two attached buildings. For determining off street parking and loading requirements for any specific use the floor area shall be the total amount of floor area, as described above, which is devoted to such specific use, including accessory storage areas such as counters, racks, or closets when located within selling or working areas; and any floor area devoted to selling activities, to the production, processing, or servicing of goods, or to offices. However, for such purpose floor area shall not include area devoted primarily to off-street parking or loading facilities.
79. “Floor area ratio” means the quotient obtained by dividing the floor area of a building or buildings on a lot by the area of the lot.
80. “Frontage” means the length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended then all of the property abutting on one side between an intersecting street and the dead end of the street.
81. “Frontage, zoning lot” means the length of all the property of such zoning lot fronting on a street measured between side lot lines.
82. “Garage, private” means an accessory building or portion of a building designed or used for the storage of vehicles owned and used by the occupants of the building to which it is accessory or attached.
83. “Garage, public” means a building or portion thereof designed or used for equipping, servicing, repairing, renting, selling or storing motor vehicles.
84. “Grade” means the average elevation of the surface of the ground.
85. “Group home” means a facility for the residence of six (6) or more individuals including resident persons providing care and supervision in a family setting. A group home shall be duly approved and licensed as required by applicable State and local regulations. A group home does not include facilities such as a family home, rehabilitation house, lodging house, fraternities, sororities, health care facility or similar institutions.
86. “Halfway house” – see definition of “rehabilitation house.”
87. “Health care facility” means an establishment for provision of care to persons who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and may or may not require continuous nursing care services and related medical service, but do not require hospital care. The facility shall be approved and licensed by the State.
88. “Health club” means a nonmedical service establishment intended to maintain or improve the physical condition of persons. Contains exercise and game equipment and facilities, steam baths, and saunas, or similar equipment and facilities.
89. “Height” – see definition of “building height.”
90. “Home occupation” means an activity conducted for gain entirely within a residential building, or an accessory building thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.
91. “Hospital” means an establishment providing health services and medical or surgical care, primarily for temporary inpatients, to persons suffering from mental or physical illness, disease, injury, or disability, and including any related facilities such as laboratories, outpatient care, obstetrical, central service, staff offices, or training facilities. “Hospital” does not include establishments which are intended primarily for permanent or long-term care or custodial care.
92. “Hotel/motel” means an establishment in which lodging is provided to the public for compensation and which is open to transient guests, in contradistinction to a boarding room or lodging house. A hotel, includes a motor hotel, tourist court, executive inn, or similar use, but does not include mobile home parks or similar use. Services such as maid service, linen laundering and front desk service are customarily provided.
93. “Improvement” means changes to land necessary to prepare it for building sites, including but not limited to grading, filling, street paving, curb paving, sidewalks, walk ways, water mains, sewers, drainageways, and other public works and apparatus.
94. “Inoperable vehicles” means any motor vehicle, recreational vehicle, boat, trailer or semi-trailer which lacks a current registration, valid for that vehicle, and/or a component part which renders the vehicle unfit for legal use.
95. “Institution” means an establishment occupied or operated by a private or public nonprofit corporation, association, organization, or group for use or benefit of the general public.
96. “Junk” means all old or scrap copper, brass, lead, or any other nonferrous metal, old rope, rags, batteries, paper, trash, rubber, debris, waste, used lumber or salvaged wood, dismantled or inoperable vehicles, machinery and appliances or parts of such vehicles, machinery or appliances, iron, steel, or other old scrap ferrous material, old discarded glass, tinware, plastic, or old discarded household goods or hardware, or similar items or material.
97. “Junkyard” – see definition of “salvage yard.”
98. “Kennel” means a building, structure, or use for the keeping, sheltering, breeding, training, or selling of dogs or domesticated animals.
99. “Loading space, off-street” means an unobstructed area no part of which is located in any public right-of-way and the principal use of which is for the standing, loading, or unloading of trucks and trailers.
100. “Lodge” – see definition of “club.”
101. “Lodging house” means a residential building, or portion thereof, containing rooms for accommodating, for compensation, three or more persons who are not transients. Lodging may or may not include the serving of meals to the lodgers. Facilities for lodgers may include sleeping or living quarters or rooms with or without individual bathrooms, but shall not include individual cooking facilities. Includes rooming houses, boarding houses, and building of dormitory use as defined in the International Building Code.
102. “Lot” means a designated parcel, tract, or area of land established by plan, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon.
103. “Lot area” means the total horizontal area included within the lot lines.
104. “Lot area per dwelling unit” means the amount of lot area required, by the applicable provisions of this Code, for each dwelling unit located on a lot.
105. “Lot, corner” means a lot abutting upon two or more streets at their intersection or junction or a lot bounded on two sides by a curving street where the angle of intersection of such street right-of-way lines, or in the case of curved right-of-way lines, the extension of tangents drawn from each of the points of intersection of the side lot lines and the street right-of-way line, intersect with each other to form an interior angle of less than 135 degrees.
106. “Lot coverage” – see definition of “coverage.”
107. “Lot depth” means the mean horizontal distance between the front lot line and rear lot line of a lot measured within the lot boundaries.
108. “Lot, double frontage” means any lot which is not a corner lot which abuts two streets.
109. “Lot, interior” means a lot other than a corner or reversed corner lot.
110. “Lot line” means a boundary of a lot.
111. “Lot line, front” means the boundary between the lot and street on which it fronts.
112. “Lot line, rear” means the lot boundary opposite and most distant from the front lot line.
113. “Lot line, side” means any lot line other than a front or rear lot line.
114. “Lot of record” means a lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Linn County; or a parcel of land, the deed to which was recorded in the office of said Recorder prior to the adoption of this Code.
115. “Lot, reversed corner” means a corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
116. “Lot, through” means a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a “through lot” both street lines shall be deemed front lot lines.
117. “Lot width” means the distance between side lot lines measured at the rear of the required front yard on a line parallel to the front lot line.
118. “Lot, zoning” means a single tract of contiguous land which, at the time of filing for a building permit or a certificate of occupancy, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit under single or unified ownership or control and assigned to the particular use, building or structure for which the building permit or certificate of occupancy is issued and having frontage upon an approved street or place, and including such areas of land as may be required by the provisions of this Code for the building structure or use.
119. “Machines and equipment, heavy and commercial” shall include trucks, vehicles, machines and equipment not classified as Passenger vehicles, recreational vehicles or light duty machines and equipment or similar machines and equipment.
120. “Machines and equipment, light duty” shall include snowmobiles, boats, trailers with maximum carrying capacity of 5 tons, and trucks, tractors, machinery and equipment not over 2,000 lb GVW and similar machines and equipment.
121. “Manufactured home” means a factory-built, single-family structure which is manufactured or constructed under the authority of 43 U.S.C. Section 5403, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is to be used as a place for human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. For the purposes of this Code, a manufactured home shall be considered as a single-family detached dwelling. A manufactured home is the same as a mobile home except a manufactured home must meet the above cited U.S. Code requirements. It also must meet the State of Iowa requirements including the nonpermanent hitch, wheels and axle as stated herein, and is also subject to additional local requirements which are also generally more stringent than requirements for mobile homes.
122. “Mini-warehouse facilities” means a building or group of buildings which are rented and designed, through individual compartments or controlled stalls for self-service storage purposes.
123. “Mobile home” means a factory-built structure which is transportable in one or more sections, is built on a permanent chassis, and is so designed and constructed to permit lawful occupancy as a dwelling whether attached or unattached to a permanent foundation. A mobile home may have wheels, axles, hitch and other appurtenances of mobility removed, but shall remain a mobile home; provided, however, that a mobile home may be classified as a “manufactured home” and be so regulated if it meets all the standards and qualifications contained within this Code’s definition of “manufactured home.”
124. “Mobile home park” means a parcel or tract of land with facilities designed for occupancy by mobile homes. Mobile home parks shall be designed in accordance with all applicable State regulations and Chapter 146 of the Hiawatha Code of Ordinances. It shall not include any area in which any vehicles or unoccupied mobile homes are parked or stored for the purpose of inspection or sale.
125. “Modular home” means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.
126. “Motel” – see definition of “hotel/motel.”
127. “Motor vehicle” means any vehicle designed and intended to be either propelled by a motor contained by the vehicle or drawn by another motor vehicle.
128. “Motor vehicle, passenger” includes autos, motorcycles, vans, pickup trucks, trucks not exceeding 1.5 ton capacity, passenger vehicles not exceeding 15 passenger capacity and similar vehicles.
129. “Motor vehicles, recreational” includes bus campers, camper trailers, pickup campers, travel trailers, motor homes, and similar vehicles.
130. “Multiple-family dwelling” – see definition of “dwelling, multiple-family.”
131. “Nonconforming, legal” (lawful) means a building, structure, or use lawfully erected and/or used prior to the adoption of this Code, or amendments thereto, and which does not conform to the provisions of this Code, or amendment thereto, or the district within which such building, structure or use is located.
132. “Nonconformity, degree of” – see definition of “degree of nonconformity.”
133. “Nursery” means an establishment for the planting, raising, care, and/or sale of plants.
134. “Nursing home” – see definition of “health care facility.”
135. “Opaque” is defined as a structure which blocks or otherwise prevents the passage of light through 50 percent or more of its surface area.
136. “Outdoor eating establishment” means picnic tables, benches, counters and any similar facilities, or area, provided in conjunction with a restaurant for the serving and/or consumption of food out-of-doors, not serving alcoholic beverages and not contained within a building.
137. “Owner/Property” means the legal entity holding all titles to a property or such representative or agent empowered to act on the owner’s behalf. Includes the holder of legal title, any person having a freehold interest, or one having a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest.
138. “Parking space” means a surfaced area enclosed in the main building or in an accessory building, or unenclosed exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
139. “Planned Unit Development” – see Section 165.66 of this Code.
140. “Plat” means a map, drawing or chart on which a subdivider’s plan for the subdivision of land is presented, which the subdivider submits for approval and intends, in the final form, to record.
141. “Plat survey” means the graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor. The plat of survey is limited under these regulations to use for conveyance of single parcels of land, unless the requirements to file a subdivision plat are waived by the Council.
142. “Plats Officer” means the individual assigned the duty to administer this chapter by the Council or other appointing authority.
143. “Private,” in reference to a building, structure, utility, facility, or use, means owned and/or operated by someone other than a unit of government, or an agency of a government, unless the context clearly indicates that “private” is being used in the broader sense of something not open or available to the general populace.
144. “Property owner” – see definition of “owner/property.”
145. “Public,” in reference to a building, structure, utility, facility, or use, means owned and/or operated by a unit of government or an agency thereof, unless the context clearly indicates that “public” is being used in the broader sense of something available to the general populace.
146. “Public way” means any sidewalk, street, alley, highway, or other thoroughfare established for travel by vehicles or persons and open or available for use by the general public; and may be in either public or private ownership.
147. “Rehabilitation (halfway) house” means a facility that provides shelter, supervision and short-term rehabilitative services for six (6) or more persons who have had physical or social disabilities which make operation in society difficult and require the protection of a group setting to facilitate the transition to a functional member of society. Facilities participating in a work release, or similar programs from a State institution, and under the supervision of a Court, State or local agency shall be included within this definition.
148. “Refuse hauling facilities” means to include office buildings, employee parking and structures for the storage of garbage/hauling equipment (only when enclosed), which are utilized for collection and disposal of garbage, trash, junk, waste and rubbish materials, and providing that no open storage or disposal shall be allowed on-site.
149. “Religious facility” means a church, synagogue, temple, chapel, or similar place of religious worship or instruction.
150. “Residential zoning district” means any district identified as a residential district in Section 165.14.
151. “Resubdivision” means any subdivision of land which has previously been included in a recorded plat. In appropriate context, it may be a verb referring to the act of preparing a plat of previously subdivided land.
152. “Roadside stand” means a temporary structure and/or use, unenclosed and so designed and constructed that it can be easily moved.
153. “Rooming house” – see definition of “lodging house.”
154. “Salvage yard” means a lot or portion thereof where waste, discarded or salvaged materials are bought, sold, exchanged, baled, stored, packed, disassembled, or handled, including auto wrecking activities, building wrecking activities, used lumber places and places for storage of salvaged building materials and equipment; but not including places where such uses are conducted entirely within a completely enclosed building.
155. “Satellite antenna dish, commercial” – primarily under all public uses.
156. “Satellite antenna dish, residential” – primarily R District – under accessory building.
157. “School” means any building or part thereof which is designed, constructed or used for presenting formalized courses or curriculum for educational purposes.
158. “Setback” means the minimum horizontal distance between a lot line and a building or structure located upon such lot required by the provisions of this Code.
159. “Shopping center” means a group of commercial establishments generally planned, constructed and managed as a unit on a single site with common parking facilities.
160. “Sign” means any medium, including its component parts, which is used or intended to be used to direct attention to a business, product, service, subject, idea, premises, person, or thing.
161. “Sign, accessory” means a sign which directs attention to an establishment, business, profession, commodity, service, premises, person or thing which is located, produced, conducted, sold, or offered on the same lot upon which the sign is located.
162. “Sign, advertising” means a sign which directs attention to an establishment, business, profession, commodity, service, premises, person or thing which may be located, produced, conducted, sold, or offered elsewhere than on the lot upon which the sign is located.
163. “Sign, identification” means any sign designed to identify a specific person, firm, corporation, or primary trade name of permanent character identifiable with said person, firm, corporation, or primary trade name, and located on the building or immediate premises of said person, firm or corporation.
164. “Sign, information” means a sign displayed strictly for the direction, safety, or convenience of the public and which sets forth no advertisement. Information signs would include signs which identify parking areas and drives, restrooms, addresses, telephones, exits and entrances, no trespassing area, danger areas, and similar information.
165. “Sign, pole” means a sign with an elevated surface supported by one or more vertical poles or columns placed in the ground.
166. “Sign, roof” means a sign situated upon the roof of any building.
167. “Solar access” means a property owner’s right to have the sunlight shine on the owner’s land, enforced through the zoning height and setback requirements.
169. “Specified anatomical areas” shall include the following:
A. Less than completely and opaquely covered:
(1) Human genitals, pubic region;
(2) Buttock; and
(3) Female breast below a point immediately above the top of the aureole; and
B. Human male genitals, in a discernibly turgid state, even if completely and opaquely covered.
170. “Specified sexual activities” shall include the following:
A. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
171. “Storage” (self-service facility) means real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing personal property.
172. Storage container means a commercial storage container is a modular metal box constructed to carry freight by being loaded and stacked for transport.
173. “Story” means that portion of a building, excluding a cellar, included between the surface of any floor and the surface of the floor next above, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the basement area is used for housekeeping, business, or manufacturing use – as opposed to being used for utilities, recreation, or similar accessory uses – such basement shall be considered a story. Any portion of a story exceeding 12 feet in height shall be considered as an additional story for each additional 12 feet or fraction thereof.
174. “Story, half” means a partial story, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his or her family or by a family occupying the floor immediately below it, shall be deemed a full story, as shall any partial story being used for general business or manufacturing purposes.
175. “Street, arterial” means a street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.
176. “Street line” means a dividing line between a lot, parcel, or tract of land and an abutting street.
177. “Street, major” means an arterial street or other street which has or is planned to have continuity to carry traffic from one section of the City to another.
178. “Street, private” means an approved public or private thoroughfare which provides a principal means of vehicular access to abutting property and/or for vehicular passage.
179. “Street, public” means public property, not an alley, intended for vehicular circulation. In appropriate context, the term “street” may refer to the right-of-way bounded by the property lines of such public property, or may refer to the paving installed within such right-of-way.
180. “Street, right-of-way” means the land, property, or interest therein, formally established and intended for a street.
181. “Structure” means anything constructed, erected, or placed with a more or less fixed location on the ground or attached or resting on something having a fixed location on the ground.
182. “Subdivider” means the owner of the property being subdivided or such other person or entity empowered to act on the owner’s behalf.
183. “Subdivision” means the division of land into two or more parts for the purpose, whether immediate or future, of transfer of ownership and building development. The term, when appropriate to the context, may refer to the process of subdividing or to land subdivided. However, the sale or exchange of small parcels of land to or between the owners of adjacent platted lots where such sale or exchange does not create any additional lots and where the land sold or exchanged constitutes less than fifty percent (50%) of the area of the enlarged lot after such transfer, is not considered a subdivision.
184. “Taxicab” and/or “limousine business” means a firm which provides taxicab and/or limousine services within the corporate limits of the City of Hiawatha. The business shall not be established in a residential district, but must be operated from a property zoned to conduct such a business, as set forth in the zoning ordinance. Activities to be conducted include, but are not limited to: receiving calls and dispatching taxicabs, transferring driver’s and/or vehicles, parking and storage of vehicles, storage of lost or misplaced baggage, maintenance and storage of business records, conducting employee meetings and related personnel matters.
185. “Use” means the purpose or purposes for which land or a structure is designed, arranged, or intended, or to which purpose land or a structure is occupied, maintained, leased, or operated.
186. “Use, accessory” – see definition of “accessory use.”
187. “Use Classification” means the classification of a use is the sum total of the permitted, conditional use and nonpermitted zoning districts for that use.
188. “Use classification, same” means uses that are allowed in the exact same zoning districts in accordance with the Land Use Matrix Figure I and the CPR Matrix.
189. “Use, principal” means the main or primary purpose for which land or a structure is designed, arranged, or intended, or to which purpose land or a structure is occupied, maintained, leased, or operated.
190. “Utilities” means systems for the distribution or collection of water, gas, electricity, wastewater, storm water, communications systems, etc.
191. “Variance” – see Section 165.82 of this Code.
192. “Wetlands” means areas that are inundated or saturated on the surface by ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
193. “Yard” means a required open space on a lot between a lot line and a building or structure located on the lot, unoccupied and unobstructed from ground to sky, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
194. “Yard, front” means a yard extending across the full width of the lot, between the front lot line and the main building structure.
195. “Yard, rear” means a yard extending across the full width of the lot between the rear lot line and the main building or structure.
196. “Yard, required” means a yard defined by a required setback and extending the full length of the lot along the designated line.
197. “Yard, side” means a yard between the side lot line and a principal building on a lot and extending from the front most line of a principal building to the rear most line of the building.
198. “Yard, transitional” means a yard which is required for a non-R District lot when said lot is adjacent to an R District lot.
199. “Zone” – see definition of “district.”