For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE.
(1) A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure. ACCESSORY BUILDING is defined as an unattached structure used for purposes other than a residence.
(2) ACCESSORY BUILDING shall not exceed a height of 18 feet to peak of the structure. The minimum setback distance shall be the same as those for residences and/or private garages.
(3) No ACCESSORY BUILDING or private garage shall be constructed, replaced, or moved in until the following is complied with: the structure shall not exceed a length of 36 feet or a width of 32 feet and shall have a maximum height of 18 feet above ground level. All ACCESSORY BUILDINGS OR GARAGES, whether they are to be newly constructed, replaced, or moved in shall be of materials which are of the same or similar composition as the existing residences on the same lot. In the event there are no other structures on the lot where the building is to be placed, said building shall be constructed of materials common to the area, with the exception of small utility buildings not to exceed 120 square feet. Colored steel shall be allowed to be placed vertically sided on accessory buildings. The colors of steel used shall be common colors of the neighboring properties.
(4) Said building may only be for the private use of the owner and not for commercial purposes with the exception of storage.
(5) Residential buildings will only be allowed to be constructed, replaced, or moved in when they are in compliance with the following: the structure or attachments (decks or entrances) shall have a minimum setback distance of 25 feet from the frontal lot line. (All setback distances referred to for buildings shall be to the closest point of the structure). However, in the event other structures exist on the adjoining lots, said building shall not extend to the street side beyond the existing frontal structure line. The side lot setback distance shall be a minimum of five feet.
ADJACENT PROPERTY. Properties connecting without regard for streets, alleys, or public right-of-way that divide the properties.
ADJOINING PROPERTY. Properties connecting with a side in common.
BOULEVARD AREA. Street right-of-way from the curbline (whether there is curb and gutter installed or not) of the surfaced street to the property line. Generally on a 66-foot residential street right-of-way, there shall be 15 feet on each side of the street for open space and public sidewalk. The surface may be of any appropriate surfacing material to assure compliance with soil erosion and sedimentation control standards, often this is landscaped. It is maintained by the property owner, but ownership remains with the city.
BUILDING. Includes the word STRUCTURE and is a structure which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or similar openings. Within a principal building, including covered porches and paved patios, is the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building on the lot on which the same is situated.
CITY COUNCIL. The Webster City Council.
BUILDING AREA. The portion of a lot remaining after providing for the required yards.
COMMISSION. Webster City Planning and Zoning Commission.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, and welfare. Such uses may be permitted in such zoning district as a CONDITIONAL USE.
CORNER LOT. Residence facing on the long side of lot. In the event of a residential building being constructed, replaced, or moved in on a CORNER LOT, the minimum setback distance of the side lot abutting a street shall be ten feet. The setback distance on the frontal side shall be a minimum of 25 feet from the property line. There shall be a minimum setback distance of ten feet from the property line on the back side (backyard) and a minimum setback distance of five feet from the remaining lot and/or alley side. In no case shall any building be constructed, replaced, or moved in which extends beyond the existing structure line on any street side.
DWELLING, DUPLEX. A residential dwelling unit designed for two families living independently of each other.
DWELLING, MULTIPLE-FAMILY. A residential dwelling designed for two or more families living independently of each other and doing own cooking in said building.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, designed for one family.
DWELLING UNIT. One room or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or long-term basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom, and sleeping facilities.
FEEDLOT, COMMERCIAL. A place where the principal business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part.
FENCE.
(1) An enclosure about a field or other space, or about any object; especially, an inclosing structure of wood, iron, or other material, intended to prevent intrusion from without or straying from within. It must be constructed of the same material throughout.
(2) No person, firm, or corporation shall hereafter construct, erect, or maintain or cause to be constructed, erected, or maintained in the city any FENCES of any character or material, exceeding seven feet in height, above the sidewalk or the surface of any lot or parcel of ground; provided, that any such FENCE so constructed, erected, or maintained shall not exceed five feet in height when the same is within 40 feet of the street line, and provided further, that no FENCE or any part thereof shall be constructed of barbed wire. Only fencing construction materials customarily used within a specific zoning district shall be used. Residential Zoning District may use wood, wood panel, vinyl, or chain link, but not steel panel fencing. FENCES must be set back at least two feet from the side lot line and five feet from the alley way to allow for maintenance. Visibility at intersections must be addressed and maintained. On any corner lot, no FENCE shall be constructed which may cause danger to traffic on a street by obscuring the view. A written agreement (variance) with the abutting landowner is required if FENCE is to be placed closer than two feet to the side lot line. A FENCE may be placed on the property line when the fencing project is shared between property owners. FENCES may be placed on the lot line in business, commercial, and industrial zoned property, however, FENCES located on lots adjacent to a residential district shall be located so as to conform on the adjacent side with the side and rear yard requirements for the adjacent residential district. Hedges or other plantings which create a fence effect are subject to the same regulations as FENCES. No FENCE shall be constructed or erected without first obtaining a building permit. Fencing around athletic facilities and public property shall be exempt from the requirements of this chapter.
FLOOR AREA. The sum of all gross horizontal enclosed area of the several floors of a building and its accessory building on the same lot excluding basement floor areas and non-enclosed portions of the structure. All dimensions shall be measured between exterior faces of walls.
HOME OCCUPATION. An occupation conducted in a dwelling unit provided that:
(1) No more than one other person, in addition to members of the family, residing on the premises shall be engaged in such occupation;
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 30% of the floor area of the dwelling shall be used in conduct of the HOME OCCUPATION;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such HOME OCCUPATION other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the principal building;
(4) No traffic shall be generated by such HOME OCCUPATION in greater volumes than would normally be accepted in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and
(5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
HORTICULTURE. The art or science of growing flowers, fruits, and vegetables.
JUNKYARDS. The use of more than 750 square feet of open storage on any lot, portion of a lot, or tract of land for the sale, storage, keeping, or abandonment of junk, scrap metals, or salvageable materials, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines, or parts thereof.
KENNEL. Any lot, structure, or premises where up to three licensed dogs and/or cats over the age of three months are kept.
LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street, or an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of portions and/or complete lots of record; and
(4) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE, and yards shall be provided as indicated under YARDS as defined herein.
LOT MEASUREMENTS. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear; and width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.
LOT TYPES. Any lot within the jurisdiction of this chapter shall be one of the following types.
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side of lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(3) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
MANUFACTURED HOUSING. Include double wide mobile homes, modular homes, prefabricated homes, prebuilt homes, package, or kit homes. MANUFACTURED HOMES shall constitute single-family and two-family dwellings for purposes of this chapter if said dwelling has a minimum width of 23 feet, is covered with conventional siding, has a shingled or other suitable roofing material as commonly found on homes built on site with a pitched roof which stands on a permanent foundation, with or without a basement, and is taxed as real estate. All MANUFACTURED HOMES as herein before described shall consist of units produced in a factory or other building location and then moved to erection site all of which are produced in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) as amended or the Uniform Building Code (International Conference of Building Officials) and then transported to the site and designed for long-term residential use.
MOBILE HOME. A one-family dwelling unit of vehicular, portable design, built on a chassis and designed to be moved from one site to another and to be used without permanent foundation and regardless of whether or not such wheels have been removed. This definition applies to single width, eight feet, ten feet, 12 feet, 14 feet, 16 feet, or such other single width trailers as may appear. Regardless if a permanent foundation is placed under the MOBILE HOME as defined above and regardless if the mobile home is subsequently taxed as real property, the above-described dwelling unit shall remain a MOBILE HOME for purpose of this chapter. Single trailers or MOBILE HOMES will be permitted only in designated mobile home parks. This definition shall not be construed as to include manufactured modular, prefabricated, precut, prebuilt, packaged, or kit housing or dwelling units, as hereinbefore defined, all of which are built away from the site and transported to the site for erection, provided that when completely erected, said manufactured modular, precut, prefabricated, prebuilt, packaged, or kit housing or dwelling unit shall be on a permanent foundation and taxed as real property.
MOBILE HOME PARK.
(1) Any premises where one or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for one or more mobile homes for living or sleeping purposes, and which include any buildings, structures, vehicles, or enclosure used or intended for use, or intended wholly or in part, for the accommodation of automobile transients.
(2) All trailer home sites established prior to the effective date of this chapter, even though located in an area in which said trailer home site is prohibited, shall not be affected by the location provisions of this section, but shall be required to comply with all other provisions of this chapter; provided, however, that any trailer home site located in an area prohibited by this section if abandoned by removal of said trailer coach shall thereafter come within the provisions of this chapter and shall not again be occupied as a trailer home site.
NONCONFORMING USE. Any building or land unlawfully occupied by a use at the time of passage of this chapter, which does not conform after passage of this chapter.
PERFORMANCE STANDARDS. It is a criterion established for the purpose of:
(1) Assigning proposed industrial uses to proper districts; and
(2) Making judgments in the control of noise, odor, smoke, toxic matter, vibration, fire and explosive hazards, or glare generated by, or inherent in, uses of land or buildings.
PRINCIPAL OR PRIMARY USE OR STRUCTURE. The main use or structure of the lot as permitted in the district where the lot is situated. In any residential district, any dwelling shall be deemed to be the PRINCIPAL BUILDING on the lot on which the same is situated.
PUBLIC SIDEWALKS. A permanent smooth, hard surfaced area maintained for walking by the public. The construction of all sidewalks and curbing, whether to be done by direct contract with the city or by contract with the abutting property owners, shall be done strictly in accordance with the specifications for sidewalks and curbing adopted by the City Council and on file in the office of the finance officer. The City Council may condemn work and material not in accordance with the requirements of said specifications.
PUBLIC UTILITY SUBSTATION. An area where facilities are provided for the distribution of telephone, radio communications, water, gas, and electricity. These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions which will assure their harmony, especially aesthetically with the nature of the respective districts.
SECONDARY USE OR STRUCTURE. See ACCESSORY USE OR STRUCTURE.
SECURITY FENCE. A solid fence that is constructed to completely obstruct all visibility through it. The FENCE shall be constructed of metal fencing, deck materials, wood, or lumber that is placed closely enough together so there will not be any openings in the FENCE. The entire length of the FENCE shall be constructed of the same materials and shall be aesthetically similar to the buildings, fences, and structures of the surrounding property.
SHELTER BELT. A strip or belt of trees or shrubs established to reduce soil erosion and to protect yards, lots, buildings, livestock, residences, recreation areas, and wildlife from the wind.
SIGNS. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein:
(1) Signs not exceeding one square foot in area and bearing only property numbers, post box number, names of occupants or premises, or other identification of premises not having commercial connotations;
(2) Flags and insignia of any government except when displayed in connection with commercial promotion;
(3) Legal notices; identification, informational, or directional signs erected or required by governmental bodies;
(4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; and
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SIGN, OFF-SITE. A sign other than an exterior or interior on-site sign. OFF SITE SIGNS are more conventionally known as BILLBOARDS regardless of size.
SIGN, ON-SITE, EXTERIOR. An exterior sign relating to its subject to the premises on which it is located, or to products, accommodations, services, or activities on the premises. EXTERIOR ON-SITE SIGNS do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business, such as billboards which are off-site signs.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as SPECIAL EXCEPTIONS, if specific provisions for such special exception are made in this chapter.
STREET LINE. The lot line abutting right-of-way line (front property line).
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, walls, signs, billboards, and poster panels.
TEMPORARY STRUCTURE. A structure which will be at a location for one year or less. TEMPORARY STRUCTURES are not considered permanent uses. Storage pods and storage containers are defined as TEMPORARY STRUCTURES in residential areas. Minimum setback distance shall be the same as those for residences and/or private garages as established in the definition of accessory use or structure above. Placement will be considered by the City Council upon completion of a temporary building permit and shall include a start and end date for placement of the TEMPORARY STRUCTURE. Temporary building permits are subject to the same fee structure for building permits on file in the city office.
TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purpose.
TRUCK OR EQUIPMENT TERMINAL. Any lot, structure, or premises used for the parking or storage of capital equipment such as trucks, trailers, or other like equipment.
UTILITY SUBSTATION. See PUBLIC UTILITY SUBSTATIONS.
VARIANCE. A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in the ordinance, a VARIANCE is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by VARIANCE, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district. This is not to be confused with a special exception.
YARD. A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the grade of the lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
YARD, FRONT.
(1) A yard extending between side lot lines across the front of a lot adjoining a public street.
(2) In the case of corner lots, a FRONT YARD of the required depth shall be provided in accordance with the prevailing yard pattern; and a second front yard of minimum of ten feet depth from lot line (side lot) of what is required generally for front yards in the district shall be provided on the other frontage.
YARD, REAR. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no REAR YARDS, but only front and side yards. Depth of a required REAR YARD shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.
YARD, SIDE. A yard extending from the far line of the required front yard to the rear lot line.
ZONING BODY. Appointed by the City Council, and is responsible for carrying out the rules and regulations of this chapter.
(Prior Code, § 14-5-5.0102) (Ord. 477, passed 2-1-2013)