For use in this chapter, the following terms are defined:

   1.   “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to the use of the principal building.

   2.   “Agriculture” means the use of land for agricultural purposes, including animal husbandry, apiculture, dairying, farming, floriculture, forestry, groves, horticulture, orchards, poultry husbandry, ranching, viticulture, and the necessary accessory uses for packing, treating or storing the produce; however, the operation of such accessory uses shall be subordinate to that of the normal agriculture activities.

   3.   “Alley” means a public way, other than a street, 20 feet or less in width, affording secondary means of access to abutting property. An alley is not considered a public thoroughfare, or a private easement, or a private right-of-way.

   4.   “Automobile service station” means a retail place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed directly into the motor vehicle. Sales and installation of auto accessories, washing, polishing, inspections and cleaning, and minor repair but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants.

   5.   “Basement” means a story having more than one-half of its height below grade. A basement is not counted as a story for the purpose of height regulations, provided that the finished floor level directly above is less than six feet above grade. (See “basement, walkout” and “story.”)

   6.   “Basement, walkout” means a basement having a portion of its finished floor not more than four feet below the finished yard grade at any of its exterior walls and having not less than two-thirds of the vertical height of an exterior wall, which has a ground level exit to the outside, above ground. A walkout basement is considered the ground floor level of the building and is counted as a story. (See “basement” and “story.”)

   7.   “Billboard” means all structures, regardless of the base or materials used in construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure is placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located. (See also definitions for “Sign” and also see Section 50.02[6]).

   8.   “Block” means all that property frontage along one public thoroughfare lying between the two nearest intersecting or intercepting streets, road right-of-way, waterway, golf course, campus, park or other similar open space.

   9.   “Board” means the Board of Adjustment of the City.

   10.   “Building” means any structure having a roof supported by walls or by columns intended for enclosure, shelter or housing of persons, animals, or cattle. Temporary buildings and potentially portable structures shall not be used for dwelling purposes in any district, except when located in a mobile home park or travel trailer park or when taxed as real estate rather than chattel.

   11.   “Building, height of” means the vertical distance from the average finished ground grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

   12.   “Building line” means the line of the outside wall, including overhang, of the building or any enclosed projection thereof nearest the street.

   13.   “Centerline, public thoroughfare” means a line running parallel with the thoroughfare right-of-way which is half the distance between the extreme edges of the official right-of-way width.

   14.   “Commercial use” means a use operated for profits or compensation.

   15.   “Commission” means the Planning and Zoning Commission of the City.

   16.   “Court” means an open, unoccupied, unobstructed space, except for trees, shrubs, statuary or other articles normally considered accessory to landscaping, which is bounded on two or more sides by a building on the same lot.

   17.   “District” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.

   18.   “Dog kennel, commercial” means:

      A.   The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, (except in a dog hospital, dog beauty parlor or pet shop, as permitted by law); or

      B.   The keeping of four or more dogs (six months or older) on premises used for residential purposes; or

      C.   The keeping of more than one dog on vacant property or on property used for business or commercial purposes. (See also Section 165.22[1][B][1], Section 165.26[1][A][14] and Chapter 162, Code of Iowa.)

   19.   “Dump” means a premises used for the disposal of tree branches and similar materials, but not including organic matter of any type such as garbage or dead animals or portions thereof.

   20.   “Dwelling” means any stationary, permanent building, or portion thereof, which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer or trailer coach.

   21.   “Dwelling unit” means one or more rooms in a dwelling, multiple-dwelling or apartment hotel used for occupancy by one family as a home or residence for living or sleeping purposes and in which the cooking and sanitary facilities are designed for the use of one family only.

   22.   “Dwelling, one-family” means a detached building on a building site designed for and used exclusively for residential purposes by one family and containing one dwelling unit.

   23.   “Dwelling, two-family” means a building designed for and used exclusively for occupancy by two families living independently of each other and containing two dwelling units.

   24.   “Dwelling, multiple” means a building or buildings on a common lot designed for and used for occupancy by three or more families living independently of each other and containing three or more dwelling units.

   25.   “Dwelling, sub-class” includes:

      A.   Attached: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls (i.e., duplex, triplex, condominiums, etc.).

      B.   Detached: A dwelling which is entirely surrounded by open space on the same lot (i.e., two houses on same lot).

      C.   Condominium: A multiple dwelling as defined herein whereby the fee title to each dwelling unit is held independently of the others, and meeting requirements of the Iowa Condominium Statutes.

      D.   Condominium Apartment: A form of cooperative ownership which permits group ownership of all spaces beyond the specific apartments. Each apartment can be owned in fee simple, with no restrictions on the sale, rental, or transfer of same, other than those common restrictions on all real estate. Condominiums must meet requirements of the Iowa Condominium Statutes.

   26.   “Easement” means an authorization by a property owner for the use by another of any designated part of his property and for a specified purpose.

   27.   “Family” means:

      A.   An individual or two or more persons related by blood, marriage or adoption and usual servants living together as a single housekeeping unit in a dwelling unit, or

      B.   A group of not more than four persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.

   28.   “Farm” means an area comprising 10 acres or more which is used for agricultural purposes. (See “agriculture.”)

   29.   “Frontage” means the distance of a front lot line as measured along the public thoroughfare. (See “lot lines, front.”)

   30.   “Garage, community” means a structure, or a series of structures under one roof, and under one ownership, used primarily for storage of vehicles by three or more owners or occupants of other property in the vicinity.

   31.   “Garage, mechanical” means a structure in which major mechanical repair or rebuilding of motor powered vehicles is performed for commercial gain and in which the storage, care and minor servicing is an accessory use.

   32.   “Garage, private” means an accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the main building. A private garage, of less than three car capacity, may be rented for the private vehicles of persons not residents on the premises.

   33.   “Garage, public” means a structure other than a private garage, used for the shelter or storage of motor powered vehicles and in which the care, minor servicing, washing, etc., is an accessory use.

   34.   “Grade” means any wall approximately parallel to and not more than five feet from a street line is considered as adjoining the street.

      A.   For buildings having walls adjoining one street only, the elevation of the regularly established sidewalk grade at the center of the wall adjoining the street.

      B.   For buildings having walls adjoining more than one street, the average elevation of the regularly established sidewalk grades at the center of walls adjoining the street.

      C.   For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

   35.   “Half-story” means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area of the floor immediately below it. A half-story containing independent apartments or living quarters is counted as a full story.

   36.   “Home occupation” means any occupation or profession conducted solely by resident occupants in their place of abode, involving primarily service and not the sale of commodities upon the premises. No more than one-fourth of the area of not more than one floor level of the building may be used in pursuit of the occupation. In connection therewith there is used no sign other than one name plate affixed to the outer wall, of not more than two square feet in area that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. No more than one person other than the occupants of a building may be employed therein.

   37.   “Hospital” means an institution for the diagnosis, care or treatment of two or more unrelated persons suffering from illness, injury or deformity, or for the rendering of obstetrical or other professional medical care other than in an emergency. For the purposes of this definition only, nursing care is not considered to be professional medical care.

   38.   “Hotel” means a building occupied as the more or less temporary residence of individuals who are lodged, with or without meals, and in which there are six or more sleeping rooms or suites of rooms with no provisions made for cooking in any individual room or suite of rooms, and entrance is through a common lobby or office.

   39.   “Junk yard” means the use of a lot or portion thereof for the dismantling or wrecking of motor vehicles or trailers, or the storage, keeping or abandonment of junk, dismantled automobiles or other vehicles, or machinery, or parts thereof, including scrap metals, rags or other scrap materials. The presence on any lot, parcel or tract of land, of five or more vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been removed or are to be removed for reuse, salvage, or sale, shall constitute prima facie evidence of a junk yard.

   40.   “Kennel” — See “dog kennel, commercial.”

   41.   “Loading space” means any off-street space or berth on the same lot 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.

   42.   “Lot” includes the words plot or parcel, and all other words or phrases used to denote an individual building site which complies with the minimum provisions of these regulations. “Lot” means a parcel of land or two or more contiguous parcels to be used as a unit under these regulations, and having its principal frontage on a dedicated street and may consist of any one of the following:

      A.   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

      B.   A parcel of land described by metes and bounds; in no case of division or combination shall any residential or other parcel be created which does not meet these or other City regulations.

      C.   A single lot of record.

   43.   “Lot lines” means:

      A.   Front: The front property line of a lot shall be determined as follows:

         (1)   Corner Lot. The front property line of a corner lot shall be the shorter of the two lines adjacent to the streets as platted, subdivided or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. If such front is not evident, then either (but not both) may be considered the front of the lot.

         (2)   Interior Lot. The front property line of an interior lot shall be the line bounding street frontage.

         (3)   Through Lot. The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where such front property line is not obviously evident, the Board of Adjustment shall determine the front property line. A through lot over 200 feet deep shall be considered, for the purpose of this definition only, as two lots each with its own frontage.

      B.   Rear. The rear property line of a lot is that lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than 10 feet long lying within the lot and parallel to the front property line. If the front property line is a curved line, then the rear property line shall be assumed to be a line not less than 10 feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.

      C.   Side. The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.

   44.   “Lot measurements” means:

      A.   Area. The gross area, exclusive of streets or other public rights-of-way, within the boundary lines of a lot.

      B.   Depth. The mean horizontal distance between the front and rear lot lines as measured perpendicular to the midpoint of the mean front lot line. In the case of an interior triangular or gore-shaped lot, the depth shall be the horizontal distance between the midpoints of the front and rear lot lines.

      C.   Width. The horizontal distance between the side lot lines as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front setback. Where the lot width is decreasing from front to rear, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the required minimum rear setback.

   45.   “Lot of record” means a lot which is part of a subdivision, the deed of which is recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

   46.   “Lot types” means:

      A.   Corner Lot. A lot located at the intersection of two or more streets, and having the street right-of-way abut the front and one or more side lines of the lot.

      B.   Double Frontage Lot (Through Lot). A lot other than a corner lot with frontage on more than one street or public thoroughfare and such frontages do not intersect one another.

      C.   Interior Lot. A lot, other than a corner lot, having frontage on but one street or public thoroughfare.

      D.   Key Lot. A lot so subdivided as to have its side lines coincide with the rear lot lines of adjacent lots on either or both sides of the aforesaid key lots.

      E.   Reversed Corner Lot. A corner lot, whose side street line is substantially a continuation of the front lot line of the first lot to its rear.

   47.   “Manufactured home” means a factory-built structure, built under the authority of 42 U.S.C. See. 5403, which was constructed on or after June 15, 1976, and is required by Federal law to display a seal from the United States Department of Housing and Urban Development.

   48.   “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 means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or Federal seals.

   49.   “Mobile home park” means any site, lot, field or tract of land upon which three or more mobile homes or manufactured homes, or a combination of such homes, are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available. The term “mobile home park” is not to be construed to include mobile homes, buildings, tents or other structures temporarily maintained by any individual, educational institution or company on their own premises and used exclusively to house their own labor or students.

   50.   “Motel or motor hotel” means a building or group of two or more buildings designed to provide sleeping accommodations for transient or overnight guests, with garage attached or parking facilities conveniently located to each such unit.

   51.   “Nonconforming structure” means any building or any portion thereof which was lawfully established and maintained but which, because of the application of these regulations to it, no longer conforms to the yard regulations of the zone in which it is located.

   52.   “Nonconforming use” means the use of a building or of land or any portion thereof, which was lawfully established and maintained but which, because of the application of these regulations to it, no longer conforms to the use regulations of the zone in which it is located.

   53.   “Nursing, convalescent, or rest home” means a building or structure having accommodations where care is provided for invalid, infirm, aged, convalescent, or physically disabled persons, not including insane or other mental cases, inebriate or contagious cases.

   54.   “Occupied” includes the words intended, designed, or arranged to be occupied.

   55.   “Parking space, automobile” means an area, other than a street or alley, reserved for the parking of an automobile, such space having a dimension not less than nine feet by 20 feet, plus such additional area as is necessary to afford adequate ingress-egress.

   56.   “Place of business” means any vehicle, building, structure, yard, area, lot, premises, or part thereof, or any other place in or on which one or more persons engage in a gainful occupation.

   57.   “Principal building” means the building situated or to be placed nearest the front property line and the use of which conforms to the primary use permitted by the zoning classification in which it is located.

   58.   “Public thoroughfare” means any right-of-way under the jurisdiction and maintenance of the governmental agencies of the federal, State and municipal government, which may be used by the public in general, and which serves as the frontage street to the abutting property. (See “street.”)

   59.   “Setback” means the building restriction line nearest the front of and across a lot establishing the minimum distance to be provided between the line, including overhang, of a building located on said lot and the nearest street right-of-way line.

   60.   “Sign” means any device designed to inform, or attract the attention of persons not on the premises upon which the sign is located; provided, however, the following are not included in the application of the regulations herein:

      A.   Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

      B.   Flags and insignias of any government except when displayed in connection with commercial promotion.

      C.   Legal notices; identification, information, or directional signs erected or required by governmental bodies.

      D.   Integral, decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

      E.   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

   For the purpose of determining number and surface area of signs, a sign shall be considered to be a single display surface or displaying device confining elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element is considered to be a separate sign. (See also definition for “billboard.”)

   61.   “Sign, off-site” means a sign other than on-site.

   62.   “Sign, on-site” means a sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in conduct of the outdoor advertising business.

   63.   “Site” — See “lot.”

   64.   “Stables” means:

      A.   Private. A building or structure used, or intended to be used for housing horses belonging to the owner of the property and for non-commercial purposes.

      B.   Public and Riding Academy. A building or structure used or intended to be used only for the housing of horses on a fee basis. Riding instruction may be given in connection with a public stable or riding academy.

      C.   Riding Club. A building or structure used or intended to be used only for the housing of horses by a group of persons for non-commercial purposes.

   65.   “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

   66.   “Story, half” — See “half-story.”

   67.   “Street” means a public thoroughfare which affords the principal means of access to the abutting property. (See “public thoroughfare.”)

   68.   “Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street. (See “lot line, front.”)

   69.   “Structural alterations” means any replacement or change in the shape or size of any portion of a building or of the supporting members of a building or structure such as walls, columns, beams, arches, girders, floor joist, or roof trusses, beyond ordinary repairs and maintenance.

   70.   “Structure” means anything constructed or erected with a rigid or fixed location on the ground, or attachment to something having a permanent location on the ground. Structures include buildings, walls, fences, signs, light standards, towers, tanks, etc.

   71.   “Subdivision” means a division of a lot, tract or parcel of land into three or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage, right-of-way dedication, or other use.

   72.   “Survey, certified” means a sketch, plan, map or other exhibit bearing a written statement of its accuracy or conformity to specified standards which is signed and sealed by a registered land surveyor.

   73.   “Travel trailer” means any vehicular, portable structure built on a chassis, designed as a temporary dwelling not exceeding eight feet in width and not exceeding 40 feet in length exclusive of a separate towing unit. The term “travel trailer” includes pickup coach, motor home, camping trailer, or other similar mobile and temporary dwellings commonly used for travel, recreation or vacation quarters. (See also definition for “building.”)

   74.   “Travel trailer park” means a parcel of land upon which two or more spaces are provided, occupied or intended for occupancy by travel trailers for transient purposes, not to exceed 30 days.

   75.   “Used” includes the words intended, designed, or arranged to be used.

   76.   “Variance” means a modification of the specific provisions of these regulations granted by resolution of the Board of Adjustment in accordance with the terms of these regulations for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (Note: A variance does not amend the ordinance.)

   77.   “Yard, front” means a yard extending across the street frontage of the lot and measured, using the least distance between the front lot line and the building or any projection thereof, including the projection of the usual unenclosed steps or stoop or roof overhang. The narrow frontage on a corner lot is considered the front line, regardless of where the building entrance is located.

   78.   “Yard, side” means the yard lying to the sides of the principal building or between the sides of the building lines and side lot lines.

   79.   “Yard, rear” means a yard extending across the full width of the lot and measured using the least distance between the rear lot line and the building or any projections including steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard is considered as adjoining the street upon which the lot has its greater dimension. On both corner lots and interior lots, the opposite end of the lot from the front yard.

   80.   “Zoning Administrator” means the administrative officer designated or appointed by the Council to administer and enforce the regulations contained herein.