For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY VEHICLE.
(1) Includes the following:
(a) A self-propelled vehicle designed or used for temporary dwelling, recreational or sporting purposes, excluding motorcycles;
(b) A vehicle designed to be towed (typically described as a trailer);
(c) A watercraft;
(d) A snowmobile;
(e) A golf cart;
(f) An all-terrain vehicle;
(g) ACCESSORY VEHICLE includes: travel trailers, camping trailers, motor homes, converted trucks and buses, boats and boat trailers, snowmobile and motorcycle trailers, and general purpose trailers (open or enclosed). The term ACCESSORY VEHICLE does not include a self-propelled motor vehicle regularly used for family or commercial transportation purposes; and
(h) An
ACCESSORY VEHICLE not exceeding 22 feet in length, excluding that portion of the tongue and hitch of a towed vehicle which extends from the main body, platform or frame, is a Class I accessory vehicle. ACCESSORY VEHICLES more than 22 feet in length are Class II ACCESSORY VEHICLES.
(2) In determining the length of an
ACCESSORY VEHICLE, the entire length of the vehicle, including all component parts, attachments and accessories, but excluding only that portion of the tongue and hitch of a towed vehicle which extends from the main body, platform or frame, shall be included in determining the length.
ADDITION. Any construction which increases the site coverage, height, length, width or floor area of a structure.
ALLEY. A public thoroughfare not more than 30 feet in width, for the use of vehicles, which has been dedicated or deeded to the public for its use.
ALTERATION. Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders.
ATTACHED. Having one or more walls in common with a principal building, or adjoined to a principal building by an aboveground covered porch or passageway.
ATTIC. A space under a gable, hip or gambrel or other roof, the finished floor of which is or would be at or entirely above the level of the wall plates of at least two exterior walls, and the height of which, from the floor level to the highest point of the roof, does not exceed ten feet.
BASEMENT. A story partly underground but having at least one-half of its height above the curb level, and also one-half of its height above the highest level of the adjoining ground, with a floor to ceiling dimension of at least six and one-half feet. A BASEMENT shall be counted as a story under the provisions of this chapter.
BOARDING OR LODGING HOUSE. A building, other than a hotel, where meals are regularly served or lodging furnished for compensation to more than three persons not related by blood or marriage of the family residing therein.
BUILDING. A structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate BUILDING.
BUILDING, ACCESSORY. A building which is subordinate to the main building on the lot, not attached thereto and used for purposes customarily incidental to those of the main building. Private garages are ACCESSORY BUILDINGS.
BUILDING, HEIGHT OF. The perpendicular distance measured in a straight line from the curb level to the highest point of the roof. Where a building is situated on ground above the curb level or where no curb grade is established, such height shall be measured from the level of the adjoining ground at the middle of the front wall.
BUILDING LINE. The setback distance from the front property line, rear lot line and side lot lines as provided in this chapter.
BUILDING WALL. The wall of a building forming a part of the main structure. The foundation walls of unenclosed porches, steps, walks and retaining wall or similar structures, shall not be considered as BUILDING WALLS under the provisions of this chapter.
BUSH. See definition of SHRUB.
CELLAR. A story having more than one-half of its height below the curb level, or below the highest level of the adjoining ground with a floor to ceiling dimension of at least six and one-half feet. A CELLAR shall not be considered as a story for the purpose of this chapter.
COMMUNICATIONS TOWERS. An independent structure of a height more than 35 feet above ground level used for transmitting or receiving wireless communications.
CURB LEVEL. The established curb grade adjacent to a lot.
DETACHED. Fully separated from any other structure; not attached.
DRIVE-IN SERVICE. A feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive-through services, such as mechanical automobile washing.
DRIVEWAY. An area providing vehicular access between a street and an off-street parking or loading area.
DWELLING. Any building or portion thereof which is designed or used primarily for residential purposes, but not including, a tent or trailer.
DWELLING, MULTI-FAMILY. An apartment house or dwelling used or intended to be used or occupied as the residence of three or more families or housekeeping units living independently of each other.
DWELLING, SINGLE-FAMILY. A detached building that is arranged, designed or intended to be occupied as the residence of a single family and having no party wall in common with an adjacent building.
DWELLING, TRI-PLEX.
(1) A dwelling group consisting of three dwelling units connected by common walls with separate, ground floor entrances for each dwelling unit.
(2) A
DWELLING, TRI-PLEX is considered a dwelling, multi-family and is permitted wherever dwelling, multi-family uses are permitted.
DWELLING, TWO-FAMILY. A detached building that is arranged, designed or intended to be occupied as the residence of two families or housekeeping units living independently of each other.
ENCLOSURE, ENCLOSED STRUCTURE and PERMANENTLY ENCLOSED STRUCTURE. A building constructed of wood, masonry, metal, fiberglass or glass components connected or fastened so as to create a rigid structure with no openings, except functional doors and windows which can be closed to create a building with no openings. A structure which incorporates a tarp, canvas or other flexible material to cover an otherwise open space is not an ENCLOSURE.
FAMILY. A group of individuals living and cooking together on the premises as one housekeeping unit, but a family shall not include more than three individuals not related by blood or marriage.
FAMILY HOME. As defined in Iowa Code § 414.22(2)(c).
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
GARAGE, PRIVATE. An accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business services or industry connected with the motor vehicles is carried on other than leasing of space.
HEDGE. A linear growth of woody plant(s) planted to form a barrier to enclose or screen areas of land.
HOME OCCUPATION. A business or occupation use conducted in a residential zone, which use is incidental and secondary to the residential use and which complies with the provisions of § 155.027.
LOADING SPACE. An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.
LOT. A parcel of land under common ownership having its frontage upon one or more streets or on an officially approved place.
LOT AREA. The net horizontal area within bounding lot lines, but excluding any portion of a flag (panhandle) lot providing access to a street and excluding any public or private easement or right-of-way providing access to another lot.
LOT COVERAGE or BUILDING COVERAGE. The area of a lot covered by buildings or ground level paving, but excluding incidental projecting eaves, balconies and similar features and excluding landscaping and open recreational facilities.
LOT DEPTH. The distance from the front lot line to the rear lot line. In the case of a lot of irregular shape, the mean depth shall be the LOT DEPTH.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE, FRONT. In the case of an interior lot abutting on only one street, the FRONT LOT LINE is the street line of such street. In the case of a through lot, it may be such street line as is selected by the owner as the FRONT LOT LINE for the purposes of this chapter. In the case of a corner lot with frontage on two or more public streets, the FRONT LOT LINE shall be the lot line so designated by the owner.
LOT LINE, REAR. That boundary line which is opposite and most distant from the front lot line.
LOT LINE, SIDE. Any boundary line not a front line or a rear lot line.
LOT WIDTH. The distance between the side lot lines. In the case of a lot of irregular shape, the mean width shall be the LOT WIDTH.
MOBILE HOME. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle.
MOBILE HOME PARK. Any site, lot, field or tract of land upon which two or more occupied mobile homes are situated, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such MOBILE HOME PARK.
MOBILE HOME SPACE. An area within a mobile home park which is designed for and designated as the location for a single mobile home and the exclusive use of its occupants.
MODULAR HOME. A factory built structure which is manufactured or constructed to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be attached or towed behind a motor vehicle, and which does not have permanently attached to its body or frame any wheels or axles.
NON-CONFORMING USE. A lawful use of any land, building or structure, other than a sign, that does not conform with currently applicable use regulations, but which complied with use regulations in effect at the time the use was established.
PARKING FACILITY. An area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this chapter. The term PARKING FACILITY shall include parking lots, garages and parking structures.
PARKING SPACE. An area on a lot or within a building, used or intended for use for parking of a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this chapter. The term PARKING SPACE is equivalent to the term “parking stall” and does not include driveways, aisles or other features comprising a parking facility.
PORCH, OPEN. A roofed structure, open on two or more sides, projecting from the front, side or rear wall of the building.
PUBLIC NOTICE. The publication of the time and place of any public hearing not less than seven days prior to the date of said hearing in one newspaper of general circulation in the city.
PUBLIC WAY. An open or unoccupied public space more than 30 feet in width which is permanently reserved for the purpose of access to abutting property.
RESIDENTIAL CONVENIENCE SERVICE. A use or activity of a commercial nature conducted as an accessory use to multiple-family residential or mobile home park residential use, and intended solely for the convenience of residents thereof.
SETBACK LINE. A line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.
SEXUALLY-ORIENTED BUSINESS.
(1) SEX ACT(S). Any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another person, or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus.
(2) SEXUALLY-ORIENTED BOOK OR VIDEO STORE. An establishment having as a significant portion of its stock in trade books, films, videotapes, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex act(s) or specified anatomical areas.
(3) SEXUALLY-ORIENTED CABARET. Any establishment at which live entertainment involving sex act(s) or the exposure of specified anatomical areas is provided.
(4) SEXUALLY-ORIENTED MOTEL. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex act(s) or specified anatomical areas.
(5) SEXUALLY-ORIENTED MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex act(s) or specified anatomical areas.
(6) SEXUALLY-ORIENTED MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex act(s) or specified anatomical areas for observation by patrons therein.
(7) SPECIFIED ANATOMICAL AREAS. Include the following: human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola.
SHRUB. A woody plant, grown for decorative, screening or enclosure purposes. The definitions of a SHRUB and a bush shall be the same and are interchangeable.
SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses, and principal site development features, including parking, access and landscaping and screening, proposed for a specific parcel of land.
STORY. The part of any building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half of its height above the highest level of adjoining ground.
STREET, FRONT. The street or public place upon which a lot abuts. If a lot abuts upon more than one street or public place, it shall mean the street designated as the FRONT STREET in the owner’s application for a building permit.
STREET LINE. The dividing line between a lot and a public street, alley or place.
STREET, PUBLIC. A public thoroughfare more than 30 feet in width.
STREET WALL. The wall of the building nearest the street under consideration.
STRUCTURE. That which is built or constructed and composed of parts joined together in a definite manner. Grade level concrete paving shall not be classified as being a structure.
SUBSTANDARD LOT. A lot of record that does not comply with currently applicable minimum area, width or depth requirements for the district in which it is located, but which complied with applicable requirements when it was placed on record.
TOWNHOUSE. A dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.
TOWNHOUSE GROUP. Two or more contiguous townhouses having common or abutting walls.
TREE. A woody growth with an expected height in excess of six feet.
USE. The conduct of an activity, or the performance of a function or operation, on a site or in a structure.
(1) ACCESSORY USE. A use or activity which is incidental to and customarily associated with a specific principal use on the same site.
(2) PERMITTED USE. A use defined by § 155.021 and listed by the regulations for any particular district as a permitted use within that zone, and permitted therein as a matter of right when conducted in accordance with the regulations established by this chapter.
(3) PRINCIPAL USE. A use which is a primary function of a lot or structure.
(4) SPECIAL EXCEPTION USE. A use defined by § 155.021 and listed by the regulations for any particular district as a special exception use within that district and allowable therein, solely on a discretionary and conditional basis subject to a special exception use permit and to all other regulations established by this chapter.
VALUATION. The 100% valuation of a building or structure, as determined by the County Assessor.
WIND ENERGY SYSTEM. Equipment that converts and then stores or transfers energy from wind into usable forms of energy, including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components.
YARD, FRONT SETBACK. The required space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any building of the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than 30 inches, steps, bay window or similar features not extending through more than one story and which do not aggregate more than one-third of the width of the frontage of the building, and vestibules not more than one story in height and extending not more than three feet beyond the front wall of the principal building.
YARD, REAR SETBACK. The required open space, unobstructed to the sky, extending along the rear lot line (not street line), throughout the whole width of the lot to the rear of the principal building. Cornices, eaves, gutters or chimneys may project not more than 30 inches into the required rear yard. Uncovered steps or open porches not more than one story in height and eight feet in width may extend not more than 12 feet into the required rear yard.
YARD, SIDE SETBACK. The required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard, excluding cornices, eaves, gutters, chimneys, bay windows or similar features which project into the side yard not more than 30 inches.
ZERO LOT LINE. The location of buildings on lots such that one or more of the building’s sides shares a common wall with an adjoining building.
(Prior Code, § 9-2-1) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 422, passed 8-17-1992; Ord. 487, passed 1-5-1998; Ord. 540, passed 12-18-2000; Ord. 573, passed 7-15-2002; Ord. 581, passed 2-17-2003; Ord. 642, passed 1-16-2006; Ord. 654, passed 4-16-2007; Ord. 712, passed 11-1-2010; Ord. 722, passed 7-18-2011; Ord. 851, passed 10-7-2019; Ord. 891, passed 7-5-2022)