For the purpose of the Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural; and the plural, the singular. The word “shall” is mandatory, the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the words “used” and “occupied” include the words “intended, designed, or arranged to be used or occupied.”
1. “Abutting” means adjacent to and sharing common property lines (including a single point of tangency), but not including properties separated by a road or road right-of-way or a publicly dedicated and approved easement. Abutting may equate to "adjoining" or "continuous". (See Figure 1)
2. "Accessory dwelling unit" means an additional dwelling unit that has been added to or created within an existing single-family dwelling, or that is detached from an existing single-family dwelling on the same parcel, tract, or lot as the single-family dwelling. A modular or manufactured home may be permitted as an accessory dwelling unit.
3. “Accessory use” means a use on the same lot, parcel, or tract with, and of a nature customarily incidental and subordinate to, the principal use or structure.
4. “Accessory structure” (building) means a structure detached from a principal building located on the same lot, parcel, or tract and customarily incidental and subordinate to the principal building or use. (See Figure 13)
5. “Acquisition plat” means the graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.
6. “Adjacent” means sharing a common boundary or property line(s), including properties separated by a road or road right-of-way or a publicly dedicated and approved easement.
7. “Agricultural land classification” means the following agricultural land classifications, determined from the Land Evaluation and Site Assessment (LESA) System as adopted for Story County, Iowa, and hereby established:
Table 85-1 – Land Classifications
LAND CLASSIFICATIONS | SA | LESA |
“Low” Agricultural Value | 0-172 | 0-221 |
“Moderate” Agricultural Value | 173-188 | 222-266 |
“High” Agricultural Value | 189-200 | 267-300 |
It is the intent of the Ordinance that land scoring 267-300 points on the LESA System is strongly encouraged for retention in agricultural use and/or non-agricultural development is strongly discouraged. It is the further intent of the Ordinance that the A-R, R-1, R-2, RMH, C-LI, and HI Districts shall not be established on land scoring 267-300 points on the LESA System.
8. “Agriculture – crop production” means the raising and harvesting of the following, including (but not limited to) crops, vegetables and melons; orchards; deciduous and evergreen tree farms; sod farms and other horticultural specialties such as bedding plants, bulbs and flowers grown under cover or outdoors.
9. “Agriculture – livestock production” means livestock production uses, including (but not limited to) pasture land or production facilities, either isolated or in conjunction with a farmstead, for the keeping, grazing or feeding of livestock for the sale of livestock or livestock products; animal specialties such as bees, fur-bearing animals and fish.
10. “Aliquot part” means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section.
11. “Anchor” means a mechanical system that is designed to secure a temporary structure, shipping container, mobile home, or any other type of manufactured housing to the ground.
12. “Antenna” (antenna mounts) means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and omnidirectional antennas, such as whips, but not including satellite earth stations.
13. “Antenna height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. (See Figure 10)
(Ord. 317– Apr. 24 Supp.)
14. “Applicant” means a person submitting an application for development, subdivision, permit, or other required approval under the Ordinance. Applicant includes the owner of the property subject to the application or any person designated in writing by the owner to represent them.
15. "Apiary" means the assembly of one or more colonies of bees at a single location.
16. “Aquatic bed wetland” means wetland habitats dominated by plants that grow principally on or below the surface of the water for most of the growing season in most years.
17. “Archaeological features” means those materials documenting past human life and activities and having cultural and/or historic significance. This includes, but is not limited to, ancient burial grounds, pioneer cemeteries, and Native American mounds.
18. “Area, gross lot” means the entire area of a lot, parcel, or tract, often expressed in acres or square feet. (See Figure 4)
19. “Area, net lot” means the gross area of a lot, parcel, or tract less that area comprised of public easements or rights-of-way. (See Figure 4)
20. "Assessment Property Record Card" means the official listing of a parcel, land, and improvements by the Story County Assessor's Office.
21. “Auditor’s plat” means a subdivision plat required by either the auditor or the assessor, prepared by a surveyor under the direction of the auditor.
22. “Basal Diameter” means the diameter of a shrub’s stem measured at the top of the root collar, just above the ground.
23. “Bed and breakfast home” means an accessory use of a single-family dwelling for the accommodation of overnight guests, which such use is permitted through a home business permit addressing those standards for approval as well as the following: accommodations must be in the family home that the host/hostess is in residence; accommodations are limited to a maximum of two families at any one time; food shall be served only to overnight guests and not to the general public; upon arrival, guests shall register with the host/hostess their names, address, and license plate number of the vehicle being used by the guests and such records kept for a period of three years and be available for examination by Story County officials upon request; and other local and State regulations regarding any related permits and licenses are the responsibility of the applicant.
24. “Bedroom” means a room designed for sleeping including a bed and closet.
25. “Berm” means a mound of earth used to shield, screen, or buffer undesirable views and to separate incompatible land uses.
26. “Best management practices” (BMPs) means any structural or non-structural measure designed to protect water quality, control water quantity, and to prevent new pollution. Non-structural measures include schedules of activities, prohibitions of practices, maintenance procedures, treatment requirements, operating procedures, and other management practices to control site runoff, spillage or leaks, sludge or waste disposal, drainage from raw material storage, or measures that otherwise prevent or reduce the pollutant loading of receiving waters.
27. “Best management practices, erosion control” means BMPs that are designed to intercept precipitation and prevent movement of soil particles. Erosion control BMPs may include staging construction work, minimizing total area disturbed, protecting existing vegetation, and temporarily or permanently stabilizing disturbed areas.
28. “Best management practices, sediment control” means BMPs that are
designed to capture soil particles after they have been dislodged and are carried from the site. Products designed for this may include silt fences, filter socks, filter berms, wattles, sediment basins, sediment traps, inlet protection, flocculants, floating silt curtains and other practices identified in the Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual Chapter 7 Erosion and Sediment Control or other professionally accepted BMPs.
29. “Best management practices, stormwater management” means the use of BMPs that are designed to reduce stormwater runoff, runoff pollutant loads, discharge volumes, and peak flow discharge rates. Practices may include those identified in the Iowa Stormwater Management Manual or other professionally accepted BMPs.
30. “Block” means an area of land in a development clearly defined by roads, natural features, railroads, or other barriers to development.
31. “Board” means the Story County Board of Supervisors.
32. “Board of Adjustment” (BOA) means the Story County Board of Adjustment.
33. “Buffer” means an area of land and/or a vegetative area of desirable trees, shrubs and herbaceous plants that exists and/or is established to separate different land uses or mitigate a risk associated with land use or structure.
34. “Build” means to move, erect, convert, enlarge, reconstruct, or structurally alter a building or structure.
35. “Building” means any structure that has a roof that is supported by walls or by columns.
36. “Building sign” means any sign supported by or attached to any building. Depending on how a building sign is designed, scaled, and/or positioned, a building sign may be an external or internal sign.
37. “Bulk plant” means that portion of property where flammable liquids or gases are received by pipeline, tank cars or tank vehicles and are stored in bulk above the ground for the purpose of distributing such liquids or gases, by tank vehicle, pipeline tank car or container where the aggregate capacity of all storage on the property exceeds 6,000 gallons.
38. “Cabin, commercial” means a building with walls, a roof, and an entrance used for temporary overnight lodging at a commercial campground. A cabin shall not be considered a dwelling.
39. “Caliper” means the diameter of a tree measured six inches above the ground, if up to a four-inch caliper. For a larger caliper, the measurement is made 12 inches above the ground.
40. “Caretaker” means a person who shall be on the property for a substantial portion of each day for security purposes for vital care of people, plants, animals, equipment, or other conditions of the site, and who does not have an ownership in the property.
41. “Change of use” means any use that substantially differs from the previous use of a building or land. A site plan showing additional parking, landscaping, screening, buffering, storm water management, signage or any other changes to the site may be required. A change in use permit may be issued by the Planning and Development Director or their designee. Site plan approval by the Board of Supervisors may also be required.
42. “Channel protection volume” means managing the volume of runoff generated by a 1-year, 24-hour duration storm event by capturing the runoff volume and slowly releasing it over a period of no less than 24-hours to prevent habitat degradation and erosion that may cause downstream enlargement and incision due to increased frequency of bank-full and near-bank-full flows. See the Iowa Stormwater Management Manual for details on calculating the channel protection volume.
43. “Child care center” means a facility providing child care or preschool services for children that is licensed as a child care center by the Iowa Department of Human Services (DHS) and as defined in Chapter 237A of the Code of Iowa, as amended.
44. “Child care home, in-home day care" means a person or a program located in a single-family dwelling, providing child care and includes child development homes and child care homes as defined by Iowa Department of Human Services (DHS ).
45. “Co-location” means locating communications equipment for more than one provider on a single site.
46. "Colony" means an aggregate of bees consisting of workers, and at times a queen, drones, brood, combs and honey.
47. "Commercial livestock" means cattle, sheep, swine, goats, rabbits, poultry, or any other animal which is produced or kept primarily for food or other commodity production, or for weed management. Horses shall be considered livestock for the purpose of this regulation.
48. “Commercial Solar Energy System” (C-SES) means a solar energy generation facility, solar collection system, or area of land comprised of a solar energy device, array of devices, or structural design feature, principally used to provide for the generation of energy distributed into the electrical grid and not intended to primarily reduce on-site consumption of utility power.
49. “Commercial Wind Energy Conversion System (C-WECS)" means a WECS of equal to or greater than 100 kW in total name plate generating capacity.
50. “Commission” means the Story County Planning and Zoning Commission.
51. “Common Development Plan” means a contiguous area where multiple separate and/or distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur or are proposed.
52. “Common open space” means undeveloped land within a development that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development. Common open space shall not be part of individual residential lots. It shall be substantially free of structures, but may contain historic structures and archaeological sites including Native American mounds, and/or such recreational facilities for residents as indicated on the approved development plan.
53. “Common sewer system” means a central sewer collecting system available to each platted lot and discharging into a treatment facility. The construction and location of which is approved by the Story County Environmental Health Department and/or the State Board of Health.
54. “Common water system” means a central water supply system available to each platted lot from one single source approved by the Story County Environmental Health Department.
55. “Communication tower/facility” means a tower or antenna, whether guyed or of monopole or lattice-type design, or equipment and associated facilities constructed to transmit or receive signals for the purpose of providing communication services for commercial use. This definition includes, but is not limited to, radio, television, cellular, PCS, telephone and microwave towers.
56. “Compaction” means the process by which the soil grains are rearranged to decrease void space and bring the grains into closer contact with one another and thereby increase the weight of solid material per cubic foot and decrease permeability.
57. “Concentrated flow” means flow that gains speed and increases depth, forming small channels. There are two types of concentrated flow: shallow concentrated flow and channelized flow. Shallow concentrated flow forms small channels of water, from several inches to a foot in width. As these small rills of water come together, they form streams and eventually rivers; this is channelized flow.
58. “Concentrated solar power system” (CSP) means systems that use mirrors to reflect and concentrate sunlight onto receivers that collect solar energy and convert it to heat. This thermal energy can then be used to produce electricity via a steam turbine or heat engine that drives a generator. The energy is distributed into the electrical grid.
59. “Conditional use permit” means a permit issued for a use specified in these regulations identifying specific conditions, limitations or restrictions, and which is subject to review for approval or denial by the Board of Adjustment.
60. “Coniferous trees” means those tree species that are cone-bearing and mostly do not seasonally lose their needles.
61. “Conservation subdivision” means a housing development in a rural setting that is characterized by compact lots and common open space, and where the natural features of the land are maintained to the greatest extent possible.
62. “Contiguous” means having a common border or being separated from such common border by an alley, easement, or other publicly dedicated and approved easement and/or roads.
63. “Construction site” means a site or common plan of development or sale on which construction activity, including clearing, grading and excavating, results in soil disturbance. A construction site is considered one site if all areas of the site are contiguous with one another and one entity owns all areas of the site.
64. “Convenience store” means a retail store generally containing less than 5,000 square feet of gross floor area designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic.
65. “Conveyance” means an instrument filed with the Story County Recorder as evidence of the transfer of title to land, including any form of deed or contract.
66. “Corn suitability rating” (CSR) means the corn suitability rating provides an index for ranking the suitability for row crop production in Iowa. Corn suitability ratings range from 5 to 100, with 100 reserved for those soils: (i) located in areas of most favorable weather conditions for Iowa; (ii) that have high yield potential; and (iii) that can be continuously row cropped. (A description of the CSR system, including CSR estimates for various soil types, may be found in the Story County Soil Survey Report Supplement, June 1984.)
67. “County” means Story County, Iowa.
68. “Critical natural resource area” means areas including wetlands, lakes, reservoirs, streams, steep slopes, archaeological resources, native prairie, native savanna, significant trees, and other areas deemed sensitive by the Story County Conservation Board and/or the Countywide Watershed Assessment. These areas may be mapped as Natural Resource Areas on the C2C Future Land Use Map.
69. “Cumulative sign area” means the sum of the area of all signs of a given type on any one lot, parcel, or tract of land.
70. “Curve Number (CN)” means an index for use in runoff prediction models that represents the runoff potential from a storm event for a specific land area. Curve numbers range from zero to 100, with a smaller curve number representing low runoff potential and a higher curve number representing high runoff potential. The factors combined to determine the curve number include Hydrologic Soil Group (HSG); cover type, such as pavement, grass, bare soil, etc.; treatment or a modification of cover type based on the management of the cover, such as contouring of agricultural lands, or mowing of urban parks; and hydrologic condition, representing the condition of cover type, including the density of plantings or degree of surface roughness. For the pre-development curve number to use in stormwater design calculations, see the definition of pre-settlement condition.
71. “Deciduous trees” means those tree species that seasonally lose all of their leaves.
72. “Deck” means an exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports.
73. “Deck, freestanding” means a deck supported entirely by its own structure.
74. “Development” means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
75. “Development agreement” means an agreement between the applicant and Story County that specifies the terms and conditions of improvements required with a subdivision.
76. “Development envelope” means areas within which grading, lawns, pavement, and buildings will be located.
77. “Development lot” means a lot on an approved plat designed and intended to be utilized for a principal permitted use or approved conditional use in the applicable zone district. “Development lot” does not include lots designed for or restricted to solely agricultural or open space uses.
78. “Development yield” means the net acreage of a parcel, lot, or tract divided by one (1) unit per acre. The resulting yield is the number of buildable lots allowed to be created by a proposed subdivision.
79. “Direct light” means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
80. “Director” means the person appointed by the Board of Supervisors to head the Planning and Development Department, including those persons designated by the Director to act in their place.
81. “District” means an area or areas for which the district regulations governing the use of buildings and land or lot area and height of buildings are uniform.
82. “Disturbance, land” means actions taken to alter the existing vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil compaction, and movement and stockpiling of topsoil.
83. “Division” means dividing a lot, parcel, or tract of land into two parcels of land by conveyance. The conveyance of an easement, other than a public highway easement, shall not be considered a division for the purpose of the Ordinance.
84. “Dock” means a structure built over or floating upon the water and used as a landing place for boats and other marine transportation, or for fishing, swimming, or other recreational uses.
85. “Downstream Hydrologic Analysis” means an analysis performed to determine if there are any additional impacts in terms of peak flow increase or downstream flooding while meeting overbank and extreme flooding design. Such an analysis is recommended for larger sites (i.e., greater than 50 acres) to size facilities in the context of a larger watershed. The analysis is performed at the outlet(s) of the site, and downstream at each tributary junction to the point(s) in the conveyance system where the area of the portion of the site draining into the system is less than or equal to 10% of the total drainage area and in accordance with the Iowa Stormwater Management Manual.
86. "Drag-strip" means a facility for motor vehicle races, including closed course, straightaway, or acceleration runs. This definition includes, but is not limited to, go-cart tracks. or commercial racing facilities.
87. “Drip-line” means an area around the trunk of a tree that generally includes the spread of tree branches and also those areas around a structure beneath the roof overhang. (See Figure 2)
88. “Driveway” means a private access, the use of which is limited to persons residing, owning, employed with, or otherwise visiting the lot, parcel, or tract in which it is located.
89. “Dwelling, multiple” means a residence arranged, designed, and occupied or intended to be occupied by three or more household units, with separate dwelling units for each. The dwelling shall be placed on permanent foundation and taxed as a site-built dwelling. This term also includes family homes with three or more dwelling units.
90. “Dwelling, non-farm” means any dwelling which is not an exempt farm house in accordance with Chapter 335, Code of Iowa, as amended.
91. “Dwelling, single-family” means a detached residence arranged, designed, and occupied, or intended to be occupied, by one household unit only and with one dwelling unit only. The term includes manufactured homes when placed on permanent foundations, and converted to real property and taxed as a site-built dwelling as provided by law. This term also includes family homes with one dwelling unit only.
92. “Dwelling, two-family” means a residence arranged, designed, and occupied, or intended to be occupied, by two household units only, with two separate dwelling units for each. The dwelling shall be placed on permanent foundation and taxed as a site-built dwelling. This term also includes family homes with two dwelling units only.
93. “Dwelling unit” means any building, or portion thereof, including a room or a group of rooms, which are arranged, designed, and occupied or intended to be occupied, for residential purposes containing bathroom, kitchen, and sleeping facilities and occupied by one household unit. This does not include a tent, trailer, or mobile home (except when a mobile home has been converted to real estate by destruction of the vehicular frame; attaching the mobile home to a permanent foundation; and notifying the Story County Assessor, who shall inspect for compliance and collect mobile home vehicle title from the owner and enter the property upon the tax roll). Multiple dwelling units shall exist if there is more than one meter for any utility or more than one address to the dwelling unit. Multiple dwelling units may exist if there is more than one full kitchen and/or a lockable, physical separation between rooms within the dwelling unit or separate entrances including attached garage entries and walkout basement entries such that a room or rooms on each side of the separation could be used as a dwelling unit.
94. “Easement” means a legal interest in land, as defined in a document recorded in the office of the Story County Recorder, granted by the owner to another person or entity, which allows that person or entity the use of all or a portion of the owner’s land, generally for a stated purpose, including, but not limited to, access or placement of utilities. (See Figure 4)
95. “Easement, conservation” means the grant of a property right or interest from the property owner to a unit of government or nonprofit conservation organization stipulating that the described land shall remain in its natural, scenic, open or wooded state, precluding future or additional development.
96. “Easement, public” means an easement granted to and accepted by a governmental entity for use by the general public.
97. “Electronic message center” means any sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
98. “Existing resources inventory” means a map or a series of maps, or in a digital format, drawn at a scale of one inch equals 100 feet, indicating the locations of all naturally occurring resources on a property and showing the relationship of the subject property to naturally occurring resources existing within 1,000 feet of the site.
99. “External sign” means any sign primarily designed, scaled, and/or positioned to convey commercial or noncommercial information or messages beyond the bounds of the property on which the sign is located.
100. “Extreme flood protection” means managing the effects of the 100-year, 24-hour storm event on the stormwater management system, boundaries of the 100-year floodplain, adjacent property, and downstream facilities and property through detention controls and/or floodplain management. See the Iowa Stormwater Management Manual for details on the calculation of the rate.
101. “FAA” means Federal Aviation Administration.
102. “Factory-built home” means 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, on a building site. For the purpose of the Ordinance, a factory-built home includes mobile homes, manufactured homes, modular homes, and recreational vehicles that are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.
103. “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. Factory-built structure includes the terms mobile home and manufactured home.
104. “Family home” means any community-based residential home that is licensed as a residential care facility under Chapter 135C, Code of Iowa, as amended, or as a child foster care facility under Chapter 237, Code of Iowa, as amended, to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for persons who are developmentally disabled, elderly, or those that have a mental health condition and any necessary support personnel. However, family home does not mean an individual foster family home licensed under Chapter 237, Code of Iowa, as amended. A family home also means those known as an elder group home as defined by Chapter 231B. Code of Iowa, and a home for persons with disabilities as defined by Chapter 504C. Code of Iowa. as amended.
105. “Farm, agritourism” means a farm, accessory to crop and/or livestock production, that offers services, products, or experiences, whether seasonal or not, available to the public on-site which are uniquely tied to the heritage or current practice of agriculture in Iowa such that the agricultural setting, crop production, and/or livestock production conducted on the property is indispensable to the activity or product proposed, including (but not limited to): tours, demonstrations, petting zoos and the like, and retail sales of fruits, vegetables, pumpkins and melons, berries, trees, or other agricultural crops. This definition is not applicable to those structures or uses determined to be agriculturally exempt from County zoning authority according to Chapter 335 of the Code of Iowa, as amended.
106. “Farmstead” means a combination of structures, with dwelling, yards, windbreaks, well and other improvements which are held and operated in conjunction with agricultural crop and/or livestock production. An existing farmstead shall be defined as: the combination of farm dwelling and any farm accessory buildings, well, or windbreak plantings used or previously used and occupied by a person or family employed, fully or partially, in the agricultural pursuits of the farm on which it is located. To qualify as an existing farmstead for the purpose of being severed from the farm the following minimum criteria must all be met:
A. The farm dwelling shall have been constructed prior to June 30, 1977.
B. The farmstead shall not have been converted to crop production.
C. Minimum evidence of the farmstead’s existence shall include:
(1) Previous tax records establishing existence of the farm dwelling; or
(2) Existence of 75 percent of the farm dwelling’s foundation; or
(3) Conclusive evidence from aerial photographs of the dwellings existence.
107. “Farmed wetland” means those wetlands defined by the Natural Resources Conservation Service (NRCS) as wetlands that have been manipulated in some way, generally through tiling, but still have surface water or soil saturation meeting the criteria for a wetland according to a qualified professional.
108. “FCC” means the Federal Communications Commission.
109. “Feeder line” means any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS.
110. “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
111. “Fixture” means the assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
112. “Forested wetland” means a wetland characterized by woody vegetation that is 6 meters tall or taller.
113. “Foundation location inspection” means inspection of a structure’s setbacks from property lines after forms have been placed, prior to the pouring of concrete or similar materials. In the case of uses without a foundation, such as co-locations and similar uses, the foundation location inspection is scheduled prior to completing any site improvements, and may require the applicant to flag (or by some other means) define the area of proposed improvements.
114. “Frontage” means that width of the side of the lot, parcel, or tract abutting the public right-of-way; the front lot line.
115. “Fully shielded lights” means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane. (See Figure 3)
116. “Glare” means direct light emitted from a luminaire with intensity great enough to cause visual discomfort, eye fatigue, a reduction in a viewer’s ability to see, or in extreme cases momentary blindness.
117. “Golf course” means a lot, parcel, or tract of land laid out for at least nine holes for playing the game of golf, whether public or private, and improved with tees, greens, fairways, and other game related hazards within which the area is not artificially illuminated. A golf course may include a clubhouse, restrooms, driving range, pitch-and-putt practice range, and shelters as accessory uses, but excludes miniature golf courses. The clubhouse may provide additional services customarily furnished such as swimming and related retail sales that may include a restaurant and cocktail lounge if approved as part of the required conditional use permit.
118. “Governing body” means a city council or the board of supervisors, within whose jurisdiction the land is located, which has adopted ordinances regulating land use.
119. “Government lot” means a tract, within a section, which is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.
120. “Grade, finished” means the lowest point of elevation of the existing surface of the ground, within the area between the structure and a line five feet from the structure.
121. “Grading permit” means a permit issued by the Planning and Development Director of Story County, Iowa, or their designee, for ground disturbing activities and vegetation removal associated with site preparation for construction activities, including altering topography for drainage. In critical natural resource areas, grading permits are also required for tree grubbing and other vegetation removal.
122. “Gross floor area” means the sum of the gross horizontal area of floors of a building, including interior balconies and mezzanines. All horizontal dimensions are to be between the exterior faces of walls.
123. “Ground clearance” means the distance between the ground and the lowest point or a blade tip of a wind turbine. (See Figure 12)
124. "Grocery store, supermarket" means a market that generally contains less than 10,000 square feet of floor area devoted principally to the sale of food, beverages, and other household supplies to customers.
125. Ground-mounted system” means a solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses.
126. “Groundwater” means the supply of freshwater under the surface in an aquifer or geologic formation that forms the natural reservoir for potable water.
127. “Guyed tower” means a communications tower that is supported, in whole or in part, by guy wires and ground anchors. (See Figure 10)
128. “Hazardous Liquid” means the same as defined in Iowa Code § 479B.2, as amended, and includes crude oil, refined petroleum products, liquefied petroleum gases, anhydrous ammonia, liquid fertilizers, liquefied carbon dioxide, alcohols, and coal slurries.
129. “Height, structure” means the vertical distance of a structure measured from the average elevation of the finished grade lying 15 feet from the structure to the highest point of the roof or parapet, for flat roofs, or the mid-point between the eaves and the ridge, for sloped roofs.
130. “Height, tower” means the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna, in reference to a tower or other structure. (See Figure 10)
131. “Historic structure” means any structure that is:
A. 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 in the National Register;
B. 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;
C. 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
D. 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.
132. "Hive" means a constructed receptacle inhabited by a colony of bees.
133. “Home business” means limited commercial activity accessory to a dwelling in which the owner of the business resides and in a designated district when in conformance with the standards for approval set forth in the Story County Land Development Regulations Section 89.01. A home business is an activity that is confined totally within a dwelling or an accessory building separate from a dwelling when permitted in the base zone district.
134. “Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
135. “Hotspot” means areas where land use or activities generate highly contaminated runoff, with concentrations of pollutants such as trace metals or hydrocarbons in excess of those typically found in stormwater. Examples of hotspots include gas stations, vehicle service and maintenance areas, salvage yards, material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use.
136. “Household unit” means one or more people jointly occupying a single dwelling unit including joint access to all common areas, and operating as single housekeeping unit where household activities and responsibility such as chores, expenses, meals, and maintenance are shared. This term includes those residing in family homes and short-term occupancies.
137. "House of Worship" means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
138. “Hydric soils” means soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. A list of hydric soils is available at the Natural Resources Conservation Service (NRCS).
139. “Hydrologic Soil Group (HSG)” means a Natural Resource Conservation Service (NRCS) designation given to different soil types to reflect their relative surface permeability and infiltrative capability. Designations consist of four classifications (A, B, C, and D) grouped according to soil infiltration rates from high infiltration rates in Group A to very low infiltration rates in Group D. To determine the hydrologic soil group, see the Iowa Stormwater Management Manual (ISWMM).
140. “Impact” means any disturbance to a critical natural resource area that negatively alters its form and function, including, but not limited to, grading and earth disturbance, construction, vegetation removal, and vehicle or heavy machinery movement. Impact does not include critical area restoration, maintenance, and other best management practices.
141. “Impervious surface” means any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surface includes graveled driveways and parking areas, and any surface compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes such surfaces as compacted sand, lime rock or clay, as well as most conventionally surfaced or paved streets, roofs, sidewalks, parking, lots and other similar structures.
142. “Interagency Review Team” means Story County staff members, including but not limited to: Story County Conservation Director (or designee); Story County Engineer (or designee); Planning and Development Director (or designee); Story County Environmental Health Department Director (or designee); Story County Emergency Management Coordinator (or designee); Story County Auditor (or designee); and Story County Assessor (or designee).
143. "Intermediate animals," means any animal that has an expected weight between 50 and 500 pounds when fully grown, including, but not limited to, sheep, swine, goats, llama, and emu.
144. “Internal sign” means any sign primarily designed, scaled, and/or positioned to convey commercial or noncommercial information or messages within the bounds of the property on which the sign is located. Additionally, any sign 16 square feet or greater in area, or eight feet or greater in height is not an internal sign.
145. “Iowa Coefficient of Conservatism” means plant species in Iowa that have been assigned a coefficient of conservatism (ranging from 0 to 10) according to the latest Iowa Natural Resources Conservation Services list, and representing the probability that a species is likely to occur in a landscape relatively unaltered from a pre-settlement condition.
146. “Iowa Statewide Urban Design and Specifications” means the manual for public improvements, common urban design standards and construction specifications managed and maintained by the Institute for Transportation at Iowa State University.
147. “Iowa Stormwater Management Manual (ISWMM)” means the manual collaboratively developed by the Iowa Department of Natural Resources (IDNR) and the Center for Transportation Research and Education (CTRE) at Iowa State University and updated by the Iowa Storm Water Education Program that contains the sizing criteria, design and specification guidelines and BMPs that address stormwater quality and quantity management.
148. “Junk or salvage” means materials including, but not limited to, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, appliances, furniture, equipment, building demolition materials or structural steel materials, and dismantled, wrecked, or junked vehicles or machinery, or parts of motor vehicles, and iron, steel or other old or scrap ferrous or nonferrous material.
149. “Junk or rural salvage yard” means any area where junk or salvage is bought, sold, exchanged, baled or packed, disassembled, kept, stored or handled. This definition also includes auto or other vehicle or machinery wrecking or dismantling activities. This definition does not include the processing of used, discarded, or salvaged materials as part of a manufacturing operation located on the same property, and contractors’ storage yards. There shall be no more than three junked vehicles on any lot, parcel, or tract in any district unless properly zoned and/or approved as a conditional use as permitted by the Board of Adjustment. The presence on any lot, parcel, or tract of land of more than three abandoned, wrecked, scrapped, ruined, dismantled or inoperative motor vehicles, including implements of husbandry not a part of a farming operation, shall constitute prima facie evidence of a junk or salvage yard. This does not include motor vehicles licensed for the current year as provided by law, or motor vehicles legally placed in storage, if kept within a completely enclosed building.
150. “Junked vehicle” means a motorized vehicle, including automobiles, motorcycles, trucks, truck tractors, commercial vehicles, trailers, etc., which does not have a current Iowa Department of Transportation registration or its equivalent and/or has either had parts removed for reuse, salvage, or sale or the vehicle has been incapable of operating under its own power for more than 90 days.
151. “Kennel” means any lot, parcel, or tract or premises used for the commercial sale, boarding or breeding of dogs, cats, or other household pets. Kennel also means the keeping of five or more dogs, cats, or other household pets of the mammal group over the age of six months.
152. “Lamp” means the component of a luminaire that produces the actual light.
153. “Land Evaluation and Site Assessment (LESA) System” means a point system that evaluates a site’s suitability for agricultural use in relation to soil productivity and locational, economic, and governmental factors. The LESA System consists of two parts:
A. Land Evaluation. The land evaluation part rates soil productivity. Soils are rated and placed into groups according to their suitability for a stated agricultural use (i.e. cropland). Relative point values are assigned to each group.
B. Site Assessment. The site assessment part identifies locational and other factors, other than soil productivity, that contribute to the suitability of a site for agricultural use. Each factor is weighted and assigned a range of values according to local needs and objectives.
The result of the LESA evaluation is a numerical score for a given site ranging from 0-300 points, with higher scores indicating a higher suitability for agricultural use. The LESA System was adopted by Story County by Board of Supervisors Resolution No. 86-11 as an agricultural land evaluation tool, replacing Story County’s use of the Corn Suitability Rating system prior to 1986.
Table 85-2 – LESA Evaluation Scoring
PART ONE (LAND EVALUATION) | POINTS | LE SCORE |
PART ONE (LAND EVALUATION) | POINTS | LE SCORE |
1.1 Average Site Value | 100 max. | 100 |
PART TWO (SITE ASSESSMENT) | POINTS | SUB TOTAL |
2.1 Percent of Area in Agriculture Within One Mile of Site | 10 max. | 30 |
2.2 Land in Agriculture Adjacent to Site | 10 max. | 30 |
2.3 Adjacent Zoning | 10 max. | 30 |
2.4 Agriculture Support Systems/Services | 10 max. | 20 |
2.5 Land Use Compatibility | 10 max. | 20 |
2.6 Distance to Urban Built-Up Area | 10 max. | 20 |
2.7 Compatibility of Site for Agricultural Use | 10 max. | 20 |
2.8 Distance to Municipal Water System | 10 max. | 10 |
2.9 Distance to Municipal Sanitary Sewer System | 10 max. | 10 |
2.10 Availability of Municipal Public Transit | 10 max. | 10 |
MAXIMUM SA SCORE | 200 | |
LESA SCORE | TOTAL 300 max.
| |
C. It is the intent of the Ordinance that land scoring 267-300 points on the LESA System is strongly encouraged for retention in agricultural use and/or non-agricultural development is strongly discouraged. It is the further intent of the Ordinance that the A-R, R-1, R-2, RMH, CLI, and HI Districts shall not be established on land scoring 267-300 points on the LESA System. The agricultural land classifications, determined from the Land Evaluation and Site Assessment (LESA) System as adopted for Story County, Iowa, are shown in Table 85-1 Land Classifications.
(Ord. 317– Apr. 24 Supp.)
154. "Large animals" means any animal that has an expected weight of greater than 500 pounds when fully grown, including, but not limited to, horses and cattle.
155. “Lattice tower” means a self-supporting tower with three or four sides, open, steel frame structure used to support communications equipment. (See Figure 10)
156. “Legally established lot of record” means a lot that was made nonconforming, with regard to minimum lot size, by an amendment to the regulations in effect at the time the lot, parcel, or tract was created. A legally established, nonconforming lot of record may be built on the minimum lot size which was required by the regulations in effect at the time the lot, parcel, or tract was created. This definition includes established lots called “wood lots” if it has been verified that the lots have been transferred (through the review of the transfer books) as originally established, and that their configurations have not changed throughout the years.
157. “Legally established, nonconforming luminaires” means luminaires not conforming to the Ordinance in place at the time the Ordinance went into effect.
158. Level of Service (LOS): A qualitative measure describing operational conditions within a traffic stream, based upon service measures, such as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience; LOS A (high level of service) represents completely free flow of traffic allowing traffic to maneuver unimpeded; LOS F (low level of service) represents a complete breakdown in traffic flow resulting in stop and go travel; LOS is typically calculated based upon peak-hour conditions.
LOS A: Free flow, with low volumes, high speeds, and limited interruptions.
LOS B: Reasonably free flow, but speeds beginning to be restricted by traffic conditions.
LOS C: Stable flow, but most drivers are restricted in the freedom to select their own speeds.
LOS D: Approaching unstable flow; drivers have little freedom to select their own speeds.
LOS E: Unstable flow; may be short stoppages.
LOS F: Forced or breakdown flow unacceptable congestion, stop and go.
159. “Light trespass” means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
160. “Limits of disturbance” means an area delineated on a site plan, subdivision plat, or use permit that establishes the maximum extent of allowed impact to steep, critical, or protected slopes. Impact to areas beyond the limits of disturbance constitutes a violation of the approved permit.
161. “Livestock” means cattle, horses, sheep, swine, poultry, and any other animal or fowl which are being produced primarily for use as food or food products for human consumption.
162. “Loading space” means any off-street space or berth on the same lot, parcel, or tract with a building or contiguous to a group of buildings for the temporary parking (less than 24 hours) of a commercial vehicle while loading or unloading merchandise or materials.
163. “Local residential street” means a local service street used primarily for access to abutting property.
164. “Lot” means a tract of land represented and identified by number or letter designation on an official plat or a designated tract established as permitted by law and recorded in the office of the County Recorder, to be separately owned, used, and potentially developed or built upon. (See Figure 4)
165. “Lot, corner” means lots, parcels, or tracts conforming to the following specified conditions shall be considered as corner lots for the purpose of the Ordinance:
A. A lot, parcel, or tract fronting on two intersecting streets that form an interior angle of 135 degrees or less, and which lot, parcel, or tract has a frontage of not less than 25 feet on such streets.
B. A lot, parcel, or tract located at the angle in a street where the interior angle formed by the intersection of the street lines is 135 degrees or less, and which lot, parcel, or tract has a frontage of not less than 25 feet on each leg of such angle. (See Figure 5)
166. “Lot, depth of” means the mean horizontal distance between the front and rear lot lines. (See Figure 6)
167. “Lot, flag” means a lot, parcel, or tract, where the building area is situated behind another lot, parcel, or tract and which has a narrow frontage extended to a street or road. The term flag lot refers to the shape of the lot, parcel, or tract. (See Figure 4)
168. “Lot, interior” means a lot, parcel, or tract other than a corner lot. (See Figure 6)
169. “Lot line” means a property line bounding a lot, parcel, or tract, exclusive of public easements for street or road purposes.
170. "Lot line, corner" means, on a corner lot, the lot, parcel, or tract line separating a lot, parcel, or tract from a street/road right-of-way or road easement and where access to the property, is not taken.
171. “Lot line, flag” means, on a flag lot, the lot, parcel, or tract line essentially parallel to, and between, the front and rear lot lines. (See Figure 4)
172. “Lot line, front” means the lot, parcel, or tract line separating a lot, parcel, or tract from a street/road right-of-way or road easement and where access to the property) is taken. (See Figure 5)
173. "Lot line, rear" means the lot, parcel, or tract line opposite and most distant from the front lot line. (See Figure 4). For triangle shaped lots, the rear lot line shall be an imaginary line drawn within the lot, parallel to and furthest from the front lot line, and 20-feet in length.
174. “Lot line, side” means any lot, parcel, or tract line other than a front, rear or flag lot line. (See Figure 4)
175. "Lot, double frontage " means a lot, parcel, or tract having frontage on two non intersecting streets, as distinguished from a corner lot. On a double frontage lot there is no rear yard. (See Figure 6)
176. “Lot width,” unless otherwise specified, means the average of the width of a lot, parcel, or tract at its rear and the width of the lot, parcel, or tract at its front. (See Figure 6)
177. “Low-Impact Development (LID)” means an approach to stormwater management that attempts to mimic pre-development conditions by compensating for losses of rainfall abstraction through infiltration, evapotranspiration, surface storage, and increased travel time to reduce excess runoff. These practices include, but are not limited to, protection and restoration of open space and natural features including riparian buffers, soil quality restoration, minimizing soil compaction, reduction and disconnection of impervious surfaces, the use of conveyance facilities open to the atmosphere (e.g. swales, vegetated buffer strips, energy-dissipating structures, etc.), rather than through enclosed pipes, and encouraging infiltration and soil storage of runoff through grass channels, bioswales, bioretention cells and rain gardens.
178. “Lumen” means a unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of these regulations, the lumen-output values shall be the initial lumen output ratings of a lamp.
179. “Luminaire” means a complete lighting system, and includes a lamp or lamps and a fixture.
180. “Manufactured home” means a factory-built structure, which is manufactured or constructed under the authority of 42 United States Code Sec. 5403, as amended, and is 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 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 is not a manufactured home, except as hereinafter provided.
181. "Manufactured Housing Community" means multiple lots, parcels, or tracts of land upon which two or more occupied manufactured homes are located for residential use.
182. “Maximum extent feasible” means when no prudent or feasible alternative exists and all possible efforts to comply with regulations and minimize potential harm or adverse impacts have been undertaken.
183. “Meteorological tower” means, for the purposes of the Ordinance, those towers that are erected primarily to measure wind speed and directions plus other data relevant to siting WECS.
184. “Metes and bounds description” means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the lot, parcel, or tract by reference to physical features of the land.
185. “Minimum lot area” means the minimum required lot, parcel, or tract net area.
186. “Mini-warehousing” means a building or group of buildings containing individual, compartmentalized, controlled access units for the inside storage of goods or wares.
187. “Mitigation” means the restoration, establishment, or preservation of critical natural resource areas or other areas deemed sensitive by the Story County Conservation Board and/or the Countywide Watershed Assessment.
188. “Mitigation, compensatory” means the restoration, establishment, or preservation of aquatic resources, including wetlands, streams, hydric soils and stream riparian buffer areas.
189. “Mitigation plan” means a plan that outlines procedures for avoiding, minimizing, and compensating adverse impacts to critical natural resource areas, and includes, but is not limited to, outlining provisions for long-term management, permanent protection, suitable remedial action, and monitoring and reporting.
190. “Mobile home” means 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 also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is not a manufactured home unless it has been legally converted, prior to July 1, 1984, to real property and taxed as a site-built dwelling, as provided in Section 435, Code of Iowa, as amended. Except as hereinafter provided, a mobile home is only permitted in a licensed mobile home park.
191. “Mobile home park” means any lot, parcel, or tract of land upon which two or more occupied mobile homes are located for residential use, either free of charge or for revenue purposes.
192. “Monopole tower” (self-support tower) means a communication tower consisting of a single pole, constructed without guy wires and ground anchors. (See Figure 10)
193. “Motel or hotel” means a permanent building, or group of buildings, designed or arranged primarily for temporary occupancy as a dwelling for transient guests and arranged to provide space for parking vehicles used by the traveling public. Such building, or group of buildings, may include quarters for the use of operating personnel.
194. “Museum” means an institution devoted to the procurement, care, study, and display of objects of lasting historical, educational, or cultural interest or value. Museums may be indoor/outdoor facilities and may include such amenities as restaurant/banquet facilities, meeting rooms, demonstration areas, tourist convenience and souvenir items.
195. “Native prairie remnant” is included in the definition of prairies and wetlands, as referenced in Section 427.1(23) and 456B.1 of the 2005 Code of Iowa, as amended, which definition also includes sites that qualify as prairie remnants according to other appropriate prairie-assessment tools, including the Iowa Floristic Quality List of Coefficients of Conservatism maintained by the U.S. Fish and Wildlife Service at the Neal Smith National Wildlife Refuge.
196. “Native woodland shrubs” means those shrub species typically found among forest stands endemic to Iowa and does not include those identified as invasive species by the Iowa Department of Natural Resources.
197. “Naturally occurring resources” means inventory and mapping of existing environmental and cultural resources including the following:
A. Topographic contours at five-foot intervals existing within 1,000 feet of the site.
B. Soil type locations and identification of soil type characteristics, including (but not limited to) hydric soils, agricultural capability, suitability for dwellings with basements, and suitability for wastewater disposal systems.
C. Hydrologic characteristics, including surface water bodies, floodplains, groundwater recharge and discharge areas, wetlands, natural swales, drainage ways, depth to water table, and steep slopes existing within 1,000 feet of the site.
D. Land cover on the site, according to general cover type (native prairie remnants, pasture, woodland, etc.), and stand-alone significant trees with a caliper of more than four inches measured four feet off the ground. The inventory shall include comments on the health and character or quality of the vegetation as well as a comprehensive listing of all non-invasive tree species.
E. Current and past land use, all buildings and structures on the land, cultivated areas, brownfields, waste sites, and history of waste disposal practices, paved areas, and all encumbrances, including but not limited to easements or covenants.
F. Known critical habitat areas for rare, threatened or endangered species existing within 1,000 feet of the site.
G. Views of the site, including views onto the site from surrounding roads, public areas and elevated areas.
H. Unique geological resources, including but not limited to rock outcrops and glacial features.
I. Cultural resources, including a brief description of historic character of buildings and structures, historically important landscapes, and archeological features. This includes a review of existing inventories, including those the Iowa State Archeologist maintains for historic buildings, archaeological sites, and burial sites.
198. "Natural resource areas" is a designation on the Cornerstone to Capstone (C2C) Future Land Use Map and includes Critical Natural Resource Areas.
199. “Neighborhood scale” means the atmosphere or physical environment that is created by the combination of land use and buildings within an area. Neighborhood scale is established and influenced by land use types and intensity, traffic generation, and also by the location, size, and design of structures as well as the interrelationship of all these features. The scale of new structures should be in proportion with that of surrounding traditional buildings.
200. "Non-commercial livestock" means cattle, sheep, horses, swine, goats, rabbits, poultry, or any other animal belonging to the owner of the property only for non-commercial, hobby purposes.
201. “Non-commercial solar energy system (SES)” means a solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices and solar related equipment, and is intended to primarily reduce on-site consumption of utility power. A system is considered a non-commercial solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
202. “Non-commercial wind energy conversion system (WECS) means a wind energy conversion system consisting of a wind turbine, a tower, and/or associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce on-site consumption of utility power.
203. “Nonconforming sign” means any sign or signs that do not conform to all the provisions of these regulations.
204. “Nonconformity” means any structure, use of structure, use of a lot, parcel, or tract of land, or use of structures and land in combination, which does not conform to the applicable regulations of the Ordinance.
205. “Nonconformity, legally established” means any structure, use of land, use of structures, or use of land and structures in combination, which were lawful at the time of their creation but which are now prohibited, regulated, or restricted under the provisions of the Ordinance.
206. “Nursery” means land or greenhouses used for the limited sale of flowers, plants, shrubs, trees and vegetables, and may also include yard waste collection wherein yard waste is defined as plant material that comes from lawn maintenance and other gardening and landscaping activities, including grass, leaves, prunings, brush, shrubs, tree limbs and garden materials. This definition does not include a yard waste composting facility as defined herein.
207. “Official plat” means either an auditor’s plat or a subdivision plat that meets the requirements of the Ordinance and has been filed for record in the offices of the Recorder, Auditor, and Assessor.
208. "Off-site employee" means a person employed by the home business who does not perform duties on the same premises on which the home business is located. An off-site employee may occasionally report to the premises on which the home business is located, but the visits shall be limited to the standards for parking and traffic.
209. “Old growth forests” means forest stands that have developed, undisturbed, over a long period of time and contain large tree species and a complex stand structure.
210. "On-site employee" means a person employed by the home business who performs the business-related duties on the same premises/residence on which the home business is located.
211. “Outdoor lighting” means the illumination of an outside area or object by any manmade device located outdoors that produces light by any means.
212. “Outlot” means a remnant of a lot, parcel, or tract of land leftover after platting, which is intended to be used as open space or for a future subdivision, for which no zoning permit shall be issued.
213. “Overbank flood protection” means peak discharge control of the 5-year storm event such that the post development peak rate does not exceed the downstream conveyance capacity and/or cause overbank flooding See the Iowa Stormwater Management Manual for details on the calculation.
214. “Owner” means the person who holds the fee simple title to the property and/or the person or persons who have acquired any interest in the property by contract or purchase or otherwise.
215. “Parcel” means a part of a lot or tract of land.
216. “Parks” means non-commercial spaces open to the public under private or public ownership that may include, playgrounds, recreation areas and facilities, and swimming pools; institutional or community recreational centers, except golf courses, miniature golf courses, or practice driving ranges.
217. “Patio” means an outdoor floor that may be made of concrete, brick, or other masonry material.
218. “Peak discharge rate” means the maximum rate of stormwater flow at a particular location following a storm event, as measured at a given point and time in cubic feet per second (CFS).
219. “Permanent site” means any lot, parcel, or tract of land on which a mobile home or manufactured home is located, on a permanent foundation, for 90 consecutive days except a construction site when the mobile home or manufactured home is used by a commercial contractor as a construction or storage room.
220. “Permit” means written permission issued by the Director, or designee, empowering the applicant to begin an activity not forbidden by law but not allowed without such authorization.
221. “Pipeline” means the same as defined in Iowa Code § 479B.2, as amended, and includes an interstate pipe or pipeline and necessary appurtenances used for the transportation or transmission of hazardous liquid.
222. “Plat” means a map, drawing or chart on which the subdivider’s plan of subdivision is presented and which is submitted for approval and intended to be recorded in final form.
223. “Plat of survey” means the graphical representation of a survey of one or more lot, parcel, or tract of land, including a complete and accurate description of each lot, parcel, or tract within the plat, prepared by a registered land surveyor.
224. “Pool” means an artificial basin and its appurtenances, either constructed or operated for swimming, wading, or diving, and includes a swimming pool, wading pool, waterslide, or associated bathhouse. “Swimming pool” does not include a decorative fountain that does not serve primarily as a wading or swimming pool and the drain of which fountain is not connected to any type of suction device for removing or recirculating the water.
225. “Porch” means a roofed, open area, which may be glazed or screened, usually attached to or part of and with direct access to or from a building.
226. “Portable sign” means any sign not permanently attached to a structure or the ground, or sign designed to be transported by wheels and also includes signs painted on vehicles unless the vehicle is used for everyday business. Depending on how a portable sign is designed, scaled, and/or positioned, a portable sign may be an external or internal sign.
227. “Post-development condition” means the extent and distribution of land cover types anticipated to occur after development activities are completed that impact runoff and infiltration.
228. “Prairie, remnant” means prairie that has remained relatively untouched or undisturbed by development, including tillage and over-grazing, and was once part of the larger, original landscape.
229. “Preliminary development permit” means a permit issued by the Planning and Development Director or designee after review of an application for a zoning permit granting preliminary approval to begin to perform earthwork on a property and set forms in place prior to the foundation location inspection.
230. “Pre-settlement condition” means, for stormwater design calculations, assuming the pre-development curve number is for a cover type of meadow for a site’s hydrologic soil group. Table 85-3 contains the curve numbers for a meadow for a given hydrologic soil group.
Table 85-3 | |
Hydrologic Soil Group (HSG) | Meadow |
A | 30 |
B | 58 |
C | 72 |
D | 78 |
231. “Principal building” means a building in which is conducted the principal use of the lot, parcel, or tract on which it is located. (See Figure 13)
232. “Principal use” means the primary or predominant use of any lot, parcel, or tract.
233. “Proprietor” means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding a mortgage, easement, or lien interest.
234. “Protected areas” means critical natural resource areas that shall only be impacted in accordance with provisions of Chapter 88.05 of the Story County Land Development Regulations.
235. “Public improvements” means any land and improvements thereon dedicated to the public and accepted by a governmental entity, including (but not limited to) streets, parks, schools, and open space.
236. “Public use area” means parks, playgrounds, and other recreational areas and open spaces; scenic and historic sites; schools and other buildings and structures; auditoriums, stadiums, gymnasiums or comparable facilities; and other places where the public is directly or indirectly invited to visit or permitted to congregate.
237. “Public notice” means a mailing to property owners within a certain distance of a proposal and/or the advertisement in a paper of general circulation, other media sources, and Story County’s website, indicating the time, place and nature of the public hearing or meeting and where the application and pertinent documents may be inspected.
238. “Public schools” means public schools and accredited private education institutions having a curriculum comparable to that given in public schools and having no rooms regularly used for housing or sleeping except such quarters as are necessary for custodians.
239. “Public Utility” means a public utility as defined in the Iowa Code Chapter 476.1 and municipally owned waterworks or wastewater facilities, waterworks having less than two thousand customers, joint water utilities established pursuant to Iowa Code Chapter 389, rural water districts incorporated and organized pursuant to Iowa Code Chapters 357A and 504, cooperative water associations incorporated and organized pursuant to Iowa Code Chapter 499, districts organized pursuant to Iowa Code Chapter 468, or a person furnishing electricity to five or fewer customers either by secondary line or from an alternate energy production facility or small hydro facility, from electricity that is produced primarily for the person’s own use.
240. “Qualified professional” means an individual who can demonstrate that they have completed appropriate training, certification, and/or experience to evaluate individual or multiple critical natural resource area types, including, but not limited to, prairie remnants, savanna remnants, native trees and shrubs, riparian areas, and archaeological resource areas, and complete a site assessment and/or mitigation plan.
241. "Reasonable accommodation" means a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, commercial space, or other public and common use spaces. This may include a reasonable modification, which is a structural change made to the premises. The purpose of a reasonable accommodation or modification is to provide equal access to housing and other spaces for people with disabilities.
242. “Recharge volume” means a portion of the water quality volume recharged to maintain existing groundwater recharge rates at development sites to preserve existing water table elevations, thereby maintaining the hydrology of streams and wetlands during dry weather. The volume of recharge that occurs on a site depends on slope, soil type, vegetative cover, precipitation, and evapotranspiration. See the Iowa Stormwater Management Manual for details on the calculation.
243. “Recreational vehicle” means a vehicle that is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently tow able by a light duty truck; and
D. Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.
244. "Recreational facility, indoor" means an enclosed building, structure, portion thereof, designed and used for exercise or recreation and operated for profit. The building may include swimming pools, basketball courts and courts for other sports, indoor tracks, areas for exercise equipment and weights, classrooms for health training and education, and other similar facilities and their appurtenances. The facility may be operated either publicly or privately.
245. “Replacement plan” means a plan that outlines how and where significant trees and/or shrubs will be replaced when a zoning or grading permit causes over one (1) acre of significant trees and/or shrubs to be impacted on a parcel. This plan type may be approved by the Planning and Development Director.
246. “Residential parcel subdivision” means a subdivision of land where a parcel of record containing a dwelling and/or farmstead as defined in this chapter is subdivided and the vacant remainder parcel is considered buildable for the purposes of establishing a single-family dwelling.
247. “Right-of-way” means a right belonging to a party to pass over land of another, usually with regards to a public or private roadway. (See Figures 4, 5 and 6)
248. “Riparian buffer areas” means those vegetated or previously vegetated areas that are adjacent to or near rivers, streams, watercourses, or wetlands and populated by native vegetation species.
249. “Riverine wetland” means those wetlands found in floodplains and riparian zones associated with stream channels.
250. "Road, county" means a street maintained by Story County, and accepted into and shown on the Iowa Department of Transportation's Official Highway and Transportation Map for Story County.
251. “Rotor diameter” means the diameter of the circle described by the moving rotor blades. (See Figure 12)
252. “Runoff” means that portion of the precipitation on a drainage area that is discharged from the area by flowing over the ground surface.
253. “Savanna, remnant” means areas containing a mixed association of native open grown trees, frequently oaks and hickories, in grassland and forbs, including understory that has been degraded and converted to cool season grasses.
254. "Sexually oriented business" includes, but is not limited to, adult motion picture theaters, hotels, encounter centers, video arcades, stores, or cabarets. A video arcade, motion picture theater, store or other use is adult if it has at least 50 percent of its stock in books, magazines or other periodicals, paraphernalia, or other materials or goods that depict, describe, or are used for specified sexual activities or specified anatomical areas. An adult cabaret regularly features dancing or other live entertainment primary distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein. Adult hotels and encounter centers are primarily distinguished or characterized by their use for specified sexual activities or for observation of specified anatomical areas by patrons therein.
255. “Service vehicles” means all vehicles used solely in conjunction with the permitted home business and/or containing signage advertising the products or services offered by the permitted home business. “Service vehicles” include, but are not limited to, cars, trucks, vans, and trailers used for deliveries or house calls, supplies and equipment transport, or provision of services offered by the home business.
256. “Setback” means the required minimum distance between a building and the nearest lot, parcel, or tract line, public easement, or right-of-way. The setback of the building for front, rear, and side yards shall in all cases be measured at a right angle from the lot, parcel, or tract line, public easement, or right-of-way to the nearest point of the wall of the building. (See Figure 4)
257. “Setback line” means that line that is the required minimum distance from the nearest lot, parcel, or tract line and that establishes the area within which the structure must be erected or placed. (See Figure 4)
258. “Shared access” means a single driveway serving two or more adjoining lots, parcels, or tracts. (See Figure 13)
259. “Shadow flicker” means the effect created when the sun is behind a rotating commercial grade turbine blade and creating an intermittent shadow.
260. “Shadow flicker, actual exposure” means the realistic estimate of accumulated exposure to periodic shadows, taking in to account variables such as ground cover, sun angle at sunrise and sunset, cloud cover, etc. when the turbine is running.
261. “Shadow flicker, maximum exposure,” also known as maximum astronomical shadow (worst case), means the theoretical time when the sun is shining during the entire period between sunrise and sunset, passing through a cloudless sky, the rotor surface is perpendicular to the sun, and the wind turbine is in operation.
262. "Shopping center, neighborhood" means a group of independent retail stores or service outlets managed as a coherent retail entity, typically including a small-scale convenience-store anchor that contains less than 5,000 square feet of floor area. Neighborhood shopping centers generally have a gross leasable area of less than 100,000 square feet.
263. “Sign” means any device that uses, or can use, illustrations, graphics, words, or illumination to advertise, announce the purpose of, or identify a person or entity, or to communicate any type of information to the public.
264. “Significant shrub” means a native shrub with a basal diameter of at least three inches.
265. “Significant tree” means a native, deciduous tree with a caliper of greater than four inches measured four feet off the ground or a native, coniferous tree taller than 15 feet and does not include those trees identified as invasive species by the Iowa Department of Natural Resources (See Figure 7).
266. "Sign permit" means a permit issued the Planning and Development Director or designee to allow a sign to be erected.
267. “Site” means the entire area of the lot, parcel, or tract included in the legal description of which the development, land disturbing, or other activity will occur.
268. “Slopes, significant” means slopes on the natural terrain of at least fifteen percent (15%). These slopes are susceptible to erosion, sliding, or collapsing. Slopes created through the addition of fill are not covered under this definition.
269. "Small animals" means any animal that has an expected weight of less than 50 pounds when fully grown, including, but not limited to, poultry, fowl, and rabbits.
270. “Solar access” means unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
271. “Solar easement” means a recorded easement which prohibits obstructions or construction of buildings and/or structures providing continued access to incidental sunlight necessary to operate a solar energy device.
272. “Solar energy device” means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource.
273. “Solar-oriented lot” means:
A. A lot with a front lot line oriented to within 30 degrees of a true east-west line. When the lot line abutting a street is curved, the front lot line shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line shall mean the lot line that is most parallel to the closest street, excluding the pole portion of the flag lot.
B. A lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within 30 degrees of true north along said line.
C. A corner lot with a south lot line oriented to within 30 degrees of a true east-west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, the abutting street right-of-way or open space has a minimum north-south dimension of at least 50 feet. For the purposes of this definition, “permanently reserved open space” includes, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space. (See Figure 8)
274. "Special events permit" means a permit issued by the Board of Supervisors to allow a temporary special event activity, and which may include conditions or requirements that the applicant must adhere to.
275. "Specified anatomical areas" mean
A. Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
276. ''Specified sexual activities" mean human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, fondling, or other erotic touching of human genitals, pubic region, buttock, or female breast.
277. "Stable, public or private, and riding academy" means a building or structure used or intended to be used for the housing only of horses on a fee basis. Riding instruction may be given in connection with a public stable or riding academy.
278. "Stable, private" means a building or structure used or intended to be used for the housing only of the property owner's horses.
279. “Stabilization, Final" means an Erosion Control Best Management Practice (BMP) where when all soil disturbing activities at the site have been completed, a uniform perennial vegetative cover with a density of 70%, sufficient to preclude erosion, for the entire disturbed area of the permitted project has been established or equivalent stabilization measures have been employed or which has been returned to agricultural production. Permanent erosion control stabilization BMPs may include sodding and permanent seeding or other practices identified in the Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual Chapter 7 Erosion and Sediment Control or other professionally accepted BMPs.
280. “Stabilization, Temporary” means an Erosion Control Best Management Practice (BMP) where exposed soils or disturbed areas are provided temporary vegetative and/or non-vegetative protective cover to prevent erosion and sediment loss until either final stabilization can be achieved or until further construction activities take place to re-disturb an area. Temporary stabilization may include temporary seeding, geotextiles, mulches, vegetative filter strips and other techniques to reduce or eliminate erosion as identified in the Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual Chapter 7 Erosion and Sediment Control or other professionally accepted BMPs.
281. “Staging” means stabilizing one part of the site before beginning development on another to minimize the time and amount of soil exposed and therefore the movement of soil.
282. ''Store, shop" means an establishment that generally contains less than 3,000 square feet of floor area devoted to the sale of items to the public.
283. “Stormwater” means storm runoff, snowmelt runoff, surface runoff, and drainage.
284. “Stormwater best management practices (BMPs), infiltration-based” means a natural or constructed feature (bed, trench, basin, well, etc.) that captures, temporarily stores, and infiltrates the design volume of water. Practices may include those identified in the Iowa Stormwater Management Manual or other professionally accepted BMPs.
285. “Stormwater Infiltration” means the process by which rainfall and stormwater runoff flow from the land surface into and through the subsurface soil. Stormwater infiltration occurs when rainfall lands on pervious surfaces, when runoff flows across pervious surfaces, and when runoff is collected and directed to a stormwater infiltration Best Management Practice (BMP).
286. “Story” means that portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
287. “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60 percent of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.
288. “Street” means any vehicular way that: (i) is an existing state, county, or municipal roadway, or private roadway; (ii) is shown upon a plat approved pursuant to law; (iii) is approved by other official action; or (iv) is shown on a plat duly filed and recorded in the office of the County Recorder; and includes the land between the street lines, whether improved or unimproved. (See Figure 9)
289. “Street, collector” means a street that collects traffic from local streets and connects with minor and major arterials. (See Figure 9)
290. “Street, cul-de-sac” means a street with a single common ingress and egress and with a turnaround at the end. (See Figure 9)
291. “Street, dead-end” means a street with a single common ingress and egress. This includes streets that end in a cul-de-sac and turning-T (hammerhead). The length of a dead-end street shall be measured along the centerline from the end of the dead-end street to its point of intersection with the centerline of the nearest through street. (See Figure 9)
292. “Street, local” means a street designed to provide vehicular access to abutting property and to discourage through traffic. (See Figure 9)
293. “Street, loop” means a local street that has its only ingress and egress at two points on the same street. (See Figure 9)
294. “Street, major arterial” means a street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from minor arterials. (See Figure 9)
295. “Street, minor arterial” means a street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets. (See Figure 9)
296. "Street, publicly dedicated" means any street dedicated to and accepted by Story County for public use as part of a subdivision consent and dedication. The granting of the dedication and the Board of Supervisor's acceptance of the dedication are acted on by the Board of Supervisors by resolution.
297. “Street, private” means a publicly dedicated street, serving four or fewer lots, parcels, or tracts in subdivisions of four or fewer lots, and maintained by lot owners.
298. "Street, subdivision" means a publicly dedicated street, serving lots, parcels, or tracts in subdivision, and maintained by lot owners in the subdivision.
299. "Street, through" means a street that connects to other through streets at both ends, or alternatively, is accessible through at least two alternative through streets.
300. “Structural alteration” means any increase, change or alteration in the size or height of the building or structure.
301. “Structure” means a combination of materials to form construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
302. “Structure, temporary” means a structure used temporarily without any foundation or footings used for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction, and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
303. “Subdivision” means a lot, parcel, or tract of land divided into three or more lots. The division of land into aliquot parts not involving any new road, street, easement or other dedication, is not considered a subdivision as defined above and shall not be further divided without meeting all of the requirements of the Ordinance.
304. “Substantial action” means:
A. All required permits have been obtained by the Planning and Development Department;
B. A foundation location inspection has been completed;
C. The work required for the development authorized by the permit is near completion, unless delayed due to litigation;
D. With respect to phased development, this shall apply only to the first phase.
305. “Substations” means any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 volts (35KV) for interconnection with high voltage transmission lines shall be located outside of the road right-of-way.
306. “Suitable remedial action” means corrective action taken in the event that a mitigation plan for a critical natural resource area fails.
307. “Surveyor” means a registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542.B, Code of Iowa, as amended.
308. "Swimming pool" means an artificial basin and its appurtenances intended for swimming, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than two (2) feet deep in depth. This includes but is not limited to inground, above ground, and on-ground swimming pools, spas, and hot tubs that are be located indoors or outdoors and of either temporary or permanent construction.
309. “Time of concentration” means the time needed for water to flow from the most remote point in a watershed to the point of interest within the watershed. It is a function of topography, geology and land use within the watershed and is computed by summing all the travel times for consecutive components of the drainage conveyance system.
310. “Topsoil” means the upper layer of soil, the A-horizon, and for the purposes of restoration, shall meet standards for Soil Quality Management and Restoration in the Iowa Stormwater Management Manual.
311. “Total height (WECS)” means the highest point, above ground level, reached by a rotor tip or any other part of the WECS. (See Figure 12)
312. “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television towers, microwave towers, common-carrier towers, cellular telephone towers and all communication towers, alternative tower structures, and the like. (See Figure 10)
313. “Tower (WECS)” means vertical structures that support the electrical generator, rotor blades, or meteorological equipment. (See Figure 12)
314. “Tower height (WECS)” means the total height of the WECS exclusive of the rotor blades. (See Figure 12)
315. “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.
316. “Traffic calming” means a transportation system management technique that aims to prevent inappropriate through-traffic and reduce motor vehicle travel speed on a particular roadway; traditionally, this technique has been applied to local residential streets and collectors, and may include roundabouts, curb extensions, planted median strips or rounded and narrowed travel lanes.
317. “Traffic Impact Analysis” means a traffic engineering study, which determines the potential traffic impacts of a proposed traffic generator. A complete analysis includes an estimation of future traffic with and without the proposed generator, analysis of traffic impacts, and recommended roadway improvements, which may be necessary to accommodate the expected traffic.
318. “Traffic Impact Study” means a Traffic Impact Analysis that requires more comprehensive analysis and documentation based on forecasted traffic that is above a defined traffic threshold.
319. “Transmission line, electric” means those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
320. “Treatment train” means a storm water management Best Management Practice (BMP) where redundant treatment is provided through swales, biocells, filter strips, and bioretention or other practices for pollutant removal to collectively meet water quality volume treatment requirements and/or maintenance of practices.”
321. “Unified sizing criteria” means an integrated approach to managing stormwater runoff quality and quantity by addressing the adverse impacts of stormwater runoff from development. The intent is to comprehensively manage stormwater to remove pollutants and improve water quality, prevent downstream streambank and channel erosion, reduce downstream overbank flooding and safely convey and reduce runoff from extreme storm events.
322. “Unincorporated area” means the entire area of Story County, Iowa, except that portion included within the corporate limits of any city or town located in said County.
323. “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.
324. "Value-added agriculture" means processing to change the physical state or form of an agricultural product (such as milling wheat into flour, slaughtering livestock or poultry, or making strawberries into jam).
325. “Variance” means permission granted by the Board of Adjustment to vary the literal requirements of the Ordinance.
326. “Vegetation classes” means those categories of wetland indicator plants found in the U.S. Army Corps of Engineers’ National Wetland Plant List Indicator Rating Definitions and the current, adopted National Wetland Plant List.
327. “Violation” means the failure of a use, structure or other development to be fully compliant with the terms of the Ordinance.
328. "Vision Triangle" means a triangle formed by connecting a point in the center of an intersection with points a given distance away along the centerlines of the intersecting streets and the chord connecting the points on the centerlines. Height, setback, or other restrictions may apply to the portions of a property inside of a vision triangle to ensure adequate visibility for motorists at the intersection. (See Figure 11)
329. "Warehouse" means the long-term and short-term storage of goods within a completely enclosed building for commercial purposes.
330. “Watercourse” means any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, or swale, or other drainageway in which waters flow either continuously or intermittently.
331. “Water quality volume” means the runoff resulting from a rainfall depth of 1.25” (90% of the rainfall events in Iowa are of this depth or less) that is required to be captured and treated. By managing these storms, the majority of water volume will be treated and many of the “first flush” pollutants of concern will be effectively managed on-site. See the Iowa Stormwater Management Manual for details on the calculation.
332. “Wetland specialist” means an individual certified by the Society of Wetland Scientists or has taken the forty (40) hour United States Army Corps of Engineers Wetland Delineator Certification Training Program. Wetland Specialists shall demonstrate to the Director that they have expertise in wetland science.
333. “Wetlands” means those areas that are inundated or saturated by surface or 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. The diagnostic characteristics of wetlands are vegetation, hydric soils and hydrology.
334. “Wholesale” means a business establishment primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers.
335. “Wind Energy Conversion System (WECS)” means an electrical generating facility comprised of one or more wind turbines and accessory facilities, including (but not limited to) power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
336. “Wind turbine” means any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. (See Figure 12)
337. “Yard” means an open space on the same lot, parcel, or tract with a building, unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in the Ordinance. (See Figure 13)
338. “Yard, corner” means a space extending the full width of the lot, parcel, or tract between the principal building and the corner lot line, except the front yard, and measured perpendicular from the corner lot line to the closest point of the building.
339. “Yard, front” means a space extending the full width of the lot, parcel, or tract between the principal building and the front lot line and measured perpendicular from the front lot line to the closest point of the building. (See Figure 13)
340. “Yard, rear” means a space extending across the full width of the lot, parcel, or tract between the principal building and the rear lot line and measured perpendicular from the rear lot line to the closest point of the building. (See Figure 13)
341. “Yard, required” means the open space between a lot, parcel, or tract line, public easement or right-of-way, and the setback line. (See Figure 13)
342. “Yard, side” means a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the building. (See Figure 13)
343. “Yard waste composting facility” means a facility that is used to compost leaf waste, or leaf waste and grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material. The term includes land affected during the lifetime of the operation, including (but not limited to) areas where composting actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection and transportation activities, and other activities in which the natural surface has been disturbed as a result of or incidental to operation of the facility.
344. “Zoning permit” means a lawful permit issued by the Planning and Development Director of Story County, Iowa, or their designee, for the erection, reconstruction or alteration of a building or structure or use of land.
(Ords. 306, 308, 310, 311, 314– Oct. 23 Supp.)