(A) Interpretation. The following definitions shall be applicable to this chapter unless a contrary meaning is indicated by the text. Words in the present tense include the future tense. The singular number includes the plural and the plural number includes the singular. The word “shall” is always mandatory; the word “may” is permissive. Terms not defined shall have the meaning customarily assigned to them as defined in Merriam Webster’s Collegiate Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the North American Industry Classification System as prepared by the United States Office of Management and Budget’s Economic Classification Policy Committee.
(2011 Code, § 34.0201)
(B) Terms. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. A way by which pedestrians or vehicles shall have ingress and egress to a property or parking area.
ACCESSORY USE. A use which is subordinate to and serves the principal building or use and located on the same lot as the primary, permitted or approved conditional use.
ACCESSORY STRUCTURE OR BUILDING. A detached subordinate structure, the use of which is incidental to that of the principal structure and located on the same lot with the primary structure or building.
ADJACENT. Having a common boundary for not less than five feet. Land areas separated by a public or private road, highway, street, alley or way, or by a waterway shall be construed as abutting herein.
ADULT. Persons who have attained the age of 18 years.
ADULT AMUSEMENT OR ENTERTAINMENT. An amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, or strippers which are not subject to state and/or local liquor laws or regulations.
ADULT BOOK STORE OR GIFT SHOP. An establishment having as a substantial or significant portion of its stock in trade books, magazines and other periodicals or goods and items held for sale which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein.
ADULT HOTEL OR MOTEL. A building with accommodations used for the temporary occupancy of one or more individuals and is an establishment wherein a substantial and significant portion of the materials presented are 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 the individuals therein.
ADULT USES. Includes adult amusement or entertainment, an adult book store or gift shop and an adult hotel or motel.
AGRICULTURE. The use of land for agricultural purposes including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that, the operation of any such accessory use shall be secondary to that of normal agricultural activities; and, provided further that, the above uses shall not include the operation of a commercial feed lot. The conditions of use regulated under § 158.016(B) of this chapter shall apply to any zoning district that identifies AGRICULTURE as a permitted or conditional use.
AGRICULTURE BUSINESS. A small-scale retail commercial enterprise centered around a product raised or grown on the premises. This includes the sale or service of the product and any normal accessory products.
ALLEY. A public way which is intended only for use as a secondary means of access to abutting property.
APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, shall be included in each APARTMENT.
BASE FLOOD. The flood having 1% chance of being equaled or exceeded in any given year (See 100-YEAR FLOOD.)
BASEMENT. Any enclosed areas of a building, which has its floor or lowest level below ground level (subgrade) on all sides. Also see LOWEST FLOOR.
BED AND BREAKFAST INN. A private residential property which provides lodging and meals for overnight guests, in which an owner resides, and which limits guest stays to a maximum of 14 consecutive days. No more than six guest rooms may be provided on properties that are one acre or less in size, no more than nine guest rooms may be provided on properties that are greater than one acre in size.
BOARDING HOUSE. A building where, in addition to lodging, meals are provided for tenants, but not for the public.
BUILDING. Any structure having a roof and designed or intended for the support, enclosure, shelter or protection of persons, animals or property.
CARGO CONTAINER. A standardized, reusable vessel that is or appears to be:
(a) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(b) Designed for or capable of being mounted or moved on a rail car; or
(c) Designed for or capable of being mounted on a chassis for movement by truck trailer or loaded on a ship.
CARPORT. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purposes of this chapter, a CARPORT shall be considered as a garage.
CHILD CARE FACILITY. State licensed or registered facility where more than six children are temporarily left with attendants. Any establishment which receives any number of children after 10:00 p.m. and before 7:00 a.m. is defined as a CHILD CARE FACILITY and as such is state licensed or registered.
COMPREHENSIVE PLAN. A document or series of documents adopted by the City Council, setting forth policies for the future of the city.
CONDITIONAL USE. A use of land, water or building which is allowable only after issuance of a special permit by the Zoning Board of Adjustment, under conditions specified by this chapter.
CONVERSION. Any change of one principal use to another principal use.
DAY CARE, IN HOME. When less than six children at any one time are left with the occupant of a home for care.
DECK. Covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade and attached to the ground.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. DEVELOPMENT does not include minor projects or routine maintenance of existing buildings and facilities as defined in this section; gardening; plowing; and similar practices that do not involve filling or grading.
DEVELOPMENTALLY DISABLED. Any person who has a disability attributable to, but not limited to, mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; dyslexia resulting from above disability; or a mental or nervous disorder which disability originates before such individual attains age 18, and which constitutes a substantial impairment expected to be long-continued and of indefinite duration.
DWELLING. A building, which is wholly or partially used or intended to be used for residential occupancy.
DWELLING, ATTACHED. A dwelling which is joined to another at one or more sides by a party wall or walls.
DWELLING, FARM. A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located.
DWELLING, MULTI-FAMILY. A dwelling containing two or more dwelling units. MULTI-FAMILY DWELLINGS in this chapter are frequently referenced by the number of dwelling units in the structure, such as, two-family referring to a structure with two attached dwelling units or eight-family referring to a structure with eight attached dwelling units.
DWELLING UNIT. Any habitable room or group of adjoining habitable rooms within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating meals.
EASEMENT. A right given by the owner of land to another person for a specific limited use of that land to allow access to another property or for utilities.
EXISTING CONSTRUCTION. Any structure for which the “start of construction” commenced before the effective date of the first floodplain management regulations adopted by the community.
EXISTING FACTORY BUILT HOME PARK OR SUBDIVISION. A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community.
EXPANSION OF EXISTING FACTORY BUILT HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
FACTORY-BUILT HOME. Any structure, designed for residential use, 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. For the purpose of this chapter, FACTORY-BUILT HOMES include mobile homes, manufactured homes and modular homes and also include recreational vehicles placed on a site for more than 180 consecutive days and not fully licensed for and ready for highway use.
FACTORY-BUILT HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more factory-built home lots for sale or rent.
FAMILY. One person or two or more persons related by blood, marriage, adoption or co-ownership occupying a dwelling unit as a single housekeeping organization.
FAMILY-CARE FACILITY/FAMILY HOME. A community-based residential home, which is licensed either as residential care facility under Iowa Code Ch. 135C or as a child foster care facility under Iowa Code Ch. 237, that provides room and board, personal care, rehabilitation services and supervision in a family environment by a resident family for not more than eight developmentally disabled persons. However, FAMILY-CARE FACILITY does not mean an individual foster care family home licensed under Iowa Code Ch. 237.
FAMILY ENTERTAINMENT CENTER. A facility open to the public that includes recreational activities such as batting cages, bounce houses, party services or other similar uses and activities.
FARM. An area of not less than ten acres for which the principal use is the growing for sale of farm products such as vegetables, fruits and grain and their storage on the land. The term FARM includes the necessary accessory uses and buildings for treating and storing the food produced.
FEED LOT, COMMERCIAL. A lot, yard, corral building or other area in which animals are confined and fed or maintained, or two or more such feed lots, if in common ownership or management and located adjacent or proximate to each other, and containing for more than 45 days in any 12-month period, the following aggregate numbers of livestock: 250 cattle; 600 swine over 55 pounds; 2,000 sheep or lambs; or 4,000 turkeys or chickens.
FIREWORKS. Any composition or devise for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation. Toy smoke devices, wire or dipped sparklers, and cap guns are not considered fireworks for the purpose of this chapter.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.
FLOOD ELEVATION. The elevation flood waters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of flood waters related to the occurrence of the 100-year flood.
FLOOD INSURANCE RATE MAP (FIRM). The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.
FLOODPLAIN. Any land area susceptible to being inundated by water as a result of a flood.
FLOODPLAIN MANAGEMENT. An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including, but not limited to, emergency preparedness plans, flood control works, flood-proofing and floodplain management regulations.
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.
FLOODWAY FRINGE. Those portions of th Special Flood Hazard Area outside the floodway.
GRADE. The top surface elevation of lawns, walks, drives or other improved surfaces after completion of construction of grading and landscaping. For the purposes of determining height of a building, the GRADE is the average level along the walls facing the required front yard of the property.
GROUP CARE FACILITY. A government licensed or approved facility, which provides resident services in a dwelling to more than eight individuals not including resident staff, but not exceeding 30 individuals. These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult supervision; and are provided services in accordance with their individual needs. GROUP CARE FACILITIES shall not include nursing homes.
HANDICAPPED. A person certified by a medical doctor as having a physical or mental impairment which is expected to be of long-continued and indefinite duration, which substantially impedes the ability to live independently.
HEIGHT. The vertical distance from the grade to the roof line. See definition for “grade” and “roof line” for further definition.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES. Any structure that is: listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district, individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION. Any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes.
HOSPITAL. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week, of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term HOSPITAL, as used herein, does not apply to institutions operating solely for the treatment of insane persons, drug addicts or other types of cases necessitating restraint of patients, nor does it apply to convalescent nursing or boarding homes.
HOTEL, MOTEL or INN. An establishment containing lodging accommodations designed for use by transients, travelers or temporary guests, with no provision in such accommodations for cooking in any individual room or suite.
INSTITUTION. A non-profit or governmental operated establishment for public use.
JUNK. Any manufactured good, appliance, fixture, furniture, machinery, personal property or other part thereof, whether of value or valueless that is demolished, discarded, dismantled, partially dismantled, dilapidated or so worn, deteriorated of in such a conditional as to be generally unusable and/or inoperable in its existing state, this shall include by way of illustration only and without limitation, wood, used lumber, paper, glass, bottles, rages, rubber, scrap metal, tin cans, scrap material, waste, concrete rubble, boxes, crates, building material or machinery parts.
JUNK YARD. An area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or assembled, stored or handled, including the dismantling, salvage or “wrecking” of automobiles or other vehicles or machinery. A JUNK YARD is also a salvage yard, house wrecking yard, used lumber yard and place for storage of salvaged building materials and structural steel materials and equipment.
KENNEL. Any enclosed area in which four or more dogs, six months old or older are kept.
LOT. A plot, separate tract, parcel of land or adjacent parcels of land with fixed boundaries suitable for occupancy by a use.
LOT, CORNER. A lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE. A lot having frontage on two parallel or approximately parallel streets.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line.
LOT FRONTAGE. The continuous width of a lot measured along the street right-of-way line.
LOT LINE. A line oriented in terms of stable points of reference which establishes one boundary of a lot.
LOT LINE, FRONT. A lot line separating the lot from the street. Corner lots have two FRONT LOT LINES for the purpose of this chapter.
LOT LINE, REAR. The lot line opposite and most distant from the front line. In the case of a triangular shaped lot, it is an imaginary line within the lot, ten feet in length and parallel to and farthest from the front lot line.
LOT LINE, SIDE. Any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line.
LOT WIDTH. The length of the front yard setback line.
LOWEST FLOOR.
(a) The floor of the lowest enclosed area in a building including a basement, except when all the following criteria are met:
1. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of § 158.058(C)(1) of this chapter;
2. The enclosed area is unfinished (not carpeted, dry-walled and the like) and used solely for low damage potential uses such as building access, parking or storage;
3. Machinery and services facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot feet above the 100-year level; and
4. The enclosed area is not a “basement”, as defined in this chapter.
(b) In cases where the lowest enclosed area satisfies the criteria above, the LOWEST FLOOR is the floor of the next highest enclosed area that does not satisfy the criteria above.
MANUFACTURED HOME. A factory-built single-family dwelling, which is manufactured or constructed under the authority of 42 U.S.C. § 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a MANUFACTURED HOME unless it has been conversed to real property and is taxed as a site built dwelling as is provided in Iowa Code § 435.26. For the purpose of any of these regulations, MANUFACTURED HOMES shall be considered the same as a single-family detached dwelling.
MINOR PROJECTS. Small development activities (except for filling, grading and excavating) valued at less that $500.
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 for year-round occupancy as a single-family dwelling and containing water supply, waste disposal, heating and electrical conveniences. A MOBILE HOME is factory-built housing built on a chassis. A MOBILE HOME shall not be construed to be a travel trailer or other form of recreational vehicle. A MOBILE HOME shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain MOBILE HOMES may be classified as “manufactured homes”.
MODULAR HOME. Any single-family dwelling unity which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home.
NEIGHBORHOOD CENTER. A low intensity commercial enterprise facility offering goods and services intended to serve or accommodate the needs of the residential development immediately surrounding the facility.
NEW CONSTRUCTION (NEW BUILDINGS, FACTORY-BUILT HOME PARKS). Those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community and includes any subsequent improvements to such structures.
NEW FACTORY-BUILT HOME PARK OR SUBDIVISION. A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of first floodplain management regulations adopted by the community.
NON-CONFORMING LOT. A lot does not conform to the provisions of this chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto.
NON-CONFORMING STRUCTURE. A structure or portion thereof which does not conform to the provisions of this chapter relative to height, yards or building coverage for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto.
NON-CONFORMING USE. Any use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this chapter by reason of the adoption of this chapter or subsequent amendments thereto.
ONE HUNDRED-YEAR FLOOD. A flood, the magnitude of which has a 1% chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every 100 years.
OPEN SPACE. The portion of the lot that is not covered by buildings, drives, parking spaces and aisles.
OWNER. The person who holds the fee simple or equitable title to the property.
PARKING SPACE. An asphalt, concrete or similar permanent dust-free surface which is intended for off-street vehicular parking.
PATIO. A covered or uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling.
PERMITTED USE.
(a) A use that is allowed within a zoning district without special approval from an appointed or elected city body such as City Council, Zoning Board of Adjustment or Planning and Zoning Commission; or
(b) A use that is allowed continue on a property as a pre-existing non-conforming use regulated under § 158.117 of this chapter. All permitted uses may be subject to administrative approvals including, but not limited to, site plan and signage.
PORCH. A covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building.
PORCH, OPEN. A roof projection which has no more than 50% of each outside wall area enclosed by a building or siding material other than meshed screens.
PORTABLE RESIDENTIAL STORAGE. Any structure or cargo container that is used for the private non-commercial, non-industrial storage uses by the property owner.
PRINCIPAL BUILDING. A building which contains the principal use.
PRINCIPAL USE. The primary use(s) of land or a structure as distinguished from an accessory use. For example, a house is a PRINCIPAL USE in a residential area and a garage or pool is an accessory use.
RECREATIONAL VEHICLE. A vehicle which is: built on a single chassis; 400 square feet or less when measured at the largest horizontal projection designed to be self-propelled or permanently tow able by a light duty truck; designed primarily not for use as a permanent dwelling, but as a temporary living quarters for recreational, camping, travel or seasonal use.
RESTAURANT. Any building or part thereof, other than a boardinghouse, where meals are provided for compensation, including a café, cafeteria, coffee shop, lunchroom, sandwich shop, dining room, including those with drive-up service.
ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES. Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs included:
(a) Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;
(b) Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work;
(c) Basement sealing;
(d) Repairing or replacing damaged or broken window panes;
(e) Repairing plumbing, electrical systems, heating or air conditioning systems and repairing wells or septic systems.
ROOF LINE. The highest point of the coping of a flat roof; the deck line of a mansard roof; and the mid-point between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof.
SELF-STORAGE FACILITY. A building or group of buildings divided into separate compartments leased or rented to individual citizens for storage of personal belongings with no commercial transactions permitted within the individually leased units. A SELF-STORAGE FACILITY may include climate control measures.
SETBACK. The required distance between every structure and lot line of the lot on which it is located.
SIGN. Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays and national flags. For the purpose of this code, SIGNS shall also include all sign structures.
SIGN, ABANDONED. A sign which for a period of six months does not correctly advertise a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is display.
SIGN AREA. The area enclosed by one continuous line, connecting the extreme points or edges of a sign. Multiple faces of signs shall all be included in determining SIGN AREA. This area does not include the main supporting sign structure.
SIGN, AWNING. An illuminated or non-illuminated sign on or attached to a temporary retractable or fixed shelter on a projecting framework and braced entirely from the exterior wall of the building. AWNING SIGNS shall have non-combustible frames and coverings. When collapsed, retracted or folded, the design shall be such that the awning does not block any required exit.
SIGN, BANNER. A temporary sign composed of light-weigh material not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the wind.
SIGN, BILLBOARD. An off-premises form of outdoor advertising referring to both painted bulletins and paper posters on large structures, but not including private directional signs.
SIGN, GROUND. Any sign which is supported by one or more structures, uprights, poles or braces in or upon the ground and independent of support from any building.
SIGN, OFF-PREMISES. Any sign that advertises goods, products, services or facilities or directs persons to a different location from where the sign is located.
SIGN, ON-PREMISES. A sign which carries only advertisements strictly incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business, name of the person or firm or corporation occupying the premises.
SIGN, PORTABLE. Any sign not permanently attached to a building, structure or the ground, capable of being moved at periodic intervals.
SIGN, PRIVATE DIRECTIONAL. An off-premise sign located along Interstate 0 identifying local attractions with regional or national significance, as distinguished from purely commercial advertising.
SIGN, PROJECTING. A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
SIGN, PUBLIC SERVICE. Any sign intended primarily to promote items of general interest to the community such as time, temperature and data, atmospheric conditions, news or traffic control and the like.
SIGN, ROOF. A sign erected upon or above a roof or parapet of a building or structure.
SIGN, SWINGING. A sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.
SIGN, WALL. Any sign attached to, painted upon, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.
SPECIAL FLOOD HAZARD AREA. The land within a community subject to the “base flood”. This land is identified on the community’s Flood Insurance Rate Map as Zone A, A1-3-, AE, AH, AO, AR and/or A99.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttocks and a female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Patently offensive acts, exhibitions, representations, depictions or description of:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;
(c) Intrusion, however slight, actual or stimulated, by any object, any part of an animal’s body or any part of a person’s body into the genital or anal openings of any person’s body;
(d) Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function, actual or simulated; and/or
(e) Flagellation, mutilation or torture, actual or simulated, in a sexual context.
STACKING SPACE. An asphalt, concrete or similar permanent dust free surface which is designed to accommodate a motor vehicle waiting for entry to an auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed.
START OF CONSTRUCTION. Includes substantial improvement, and means the date the development permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement, was within 180 days of the permit date. The actual START means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that, the topmost STORY shall be that habitable portion of a building included between the upper surface of the topmost floor and the ceiling above.
STREET. The entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic.
STRUCTURE. Anything constructed or erected on the ground or which is attached to something located on the ground. STRUCTURES include buildings, radio and television towers, sheds and permanent signs. STRUCTURES exclude vehicles, sidewalks and paving.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any improvement to a structure which satisfies either of the following criteria:
(a) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the “start of construction” of the improvement or, if the structure has been “substantially damaged” and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to comply with existing state or local Health, Sanitary or Safety Code specifications which are solely necessary to assure safe conditions for the existing use. The term also does not include any alteration of an “historic structure”; provided, the alteration will not preclude the structure’s designation as an “historic structure”; and
(b) Any addition which increases the original floor area of a building by 25% or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25%.
TEA ROOM or TEA HOUSE. An establishment that may be open on a daily basis or for special events where in tea and other light refreshments are served to the general public while providing a unique atmosphere for its patrons. An accessory retail sales component is allowable provided it does not occupy more than 30% of the available customer service floor area.
TOWNHOUSE. A complex containing not less than three abutting attached dwellings (townhouse units) and each unit being located on a separate lot.
USE. A purpose or activity for which land, structures or a portion thereof is designed, occupied and maintained.
VARIANCE. A grant of relief by a community from the terms of the floodplain management regulations.
VIOLATIONS. The failure of a structure or other development to be fully compliant with the adopted City of Newton Code of Ordinances.
YARD. A required area on a lot unoccupied by structure above grade, except for projections and the specific minor uses or structures allowed in such area under the provisions of this chapter. A YARD extends from the grade upward.
YARD, FRONT. The required area across a lot between the front yard line and the street (right-of-way line).
YARD, REAR. The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line.
YARD, SIDE. The required area from the front yard line to the rear yard line and from the side yard line to the side lot line.
ZONING ADMINISTRATOR. The local official responsible for administration and implementation of the zoning regulations of the city or its authorized representative.
ZONING MAP. The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning chapter.
(2011 Code, § 34.0202) (Ord. 2212, passed 9-17-2013; Ord. 2226, passed 3-17-2014; Ord. 2227, passed 3-17-2014; Ord. 2245, passed 2-16-2015; Ord. 2299, passed 5-15-2017; Ord. 2343, passed 9-17-2018; Ord. 2435, passed 8-21-2023; Ord. 2453, passed 10-21-2024)