The following definitions are applicable to this chapter unless a contrary meaning is indicated by the text.  The word “building” includes “structure.”  Terms not defined shall have the meaning customarily assigned to them in Webster’s New Collegiate Dictionary.  Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial Classification (SIC) Manual, Superintendent of Documents, U.S. Government Printing Office.

1.   “Abut” or “abutting” means contiguous; having a boundary, wall or property line in common.

2.   “Access” means the place, means or way by which pedestrians or vehicles shall have ingress and egress to a property or parking area.

3.   “Accessory apartment” means a temporary accessory dwelling unit located within an owner-occupied single-family dwelling and meeting the requirements stated herein.

4.   “Accessory building/use” means a building or use which:  (a) is subordinate to and serves a principal building or use; (b) is subordinate in area, extent or purpose to the principal building or use served; (c) contributes to the comfort, convenience or necessity of occupants of the principal building or use; and (d) except for off-street parking as provided in Sec. 165.33(4), is located on the same lot as or across a street, alley or railroad right-of-way from the principal use.

5.   “Addition” means an extension or increase in floor area or height of a building or structure.

6.   “Aged” means any person who is eligible because of age to receive old age insurance benefits under Section 202A, Title II, of the Social Security Act.  (See Social Security Act and Related Law, April, 1982, edition.)

7.   “Aisle” means an asphalt, concrete or similar permanent dust-free surface which is connected directly to a parking or loading space and designed to permit ingress or egress of a vehicle to or from the parking or loading space.  (See Figure 6.)  In no case can an aisle be a drive; see definition for “drive.”

8.   “Alley” means an opened public way which is intended only for use as a secondary means of vehicular access to abutting property.

9.   “Alter/Alteration” means a structural alteration, enlargement or remodeling of a building, or the moving of a building from one location to another.

10.   “Apartment house” or “apartment building” – see “dwelling, multi-family unit.”

11.   “Assessed value” means the value of real property as established by the County Assessor, or by a higher authority upon appeal, and is the value upon which the next fiscal year’s real estate taxes are based.

12.   “Auto and truck-oriented use” means any use intended or designed to provide a service to occupants while they are within a motor vehicle, such as drive-in financial institutions; any use related to the sale, servicing or repair of vehicles, such as but not limited to car washes, automobile service stations and garages, and automobile accessory sales; and uses catering to the convenience of drivers of motor vehicles, such as but not limited to convenience groceries of no more than 4,000 square feet, drive-in restaurants, service shops, dry cleaning centers and photo developing drop centers.

13.   “Balcony” means a covered or uncovered platform area projecting from the wall of a building, enclosed by a railing, accessible from above grade, and not attached to the ground.

14.   “Basement” means a portion of a building located partially underground, but having more than one-half of its height below grade.  A basement is counted as a story for the purpose of height and yard regulations.  (See Figure 12.)

15.   “Bed and breakfast home” means a private residence which provides lodging and breakfast, which is owner-occupied and in which no more than the allowed number of families may be lodged at the same time.

16.   “Bed and breakfast inn” means a commercial facility used primarily for guest lodging, usually with several rooms for that purpose.  Because it is a commercial enterprise, a bed and breakfast inn is subject to the same licensing, inspection and taxation requirements as hotels or motels and restaurants.

17.   “Block,” unless otherwise determined, means those properties that have been assigned street numbers within the same hundred designation.

18.   “Board of Adjustment” means an administrative hearing board created by Chapter 414 of the Code of Iowa which is authorized to hear appeals from decisions of the Building Official or by decisions of the Planning and Zoning Commission, to grant variances and conditional uses.

19.   “Boarding house” means a residential building where, in addition to lodging, meals are provided for tenants but not for the public.

20.   “Build” means to construct, assemble, erect, convert, enlarge, reconstruct or structurally alter a building or structure.

21.   “Buildable area” means the area remaining on a lot after the minimum open-space requirement for yards has been met.

22.   “Building” means any structure having a roof and designed or intended for the support, enclosure, shelter or protection of persons, animals or property.

23.   “Building, detached” means a building which is not connected to another building.

24.   “Building area” – see “ground area.”

25.   “Building coverage” means the amount of land covered or permitted to be covered by a building or buildings, usually measured in terms of percentage of a lot.

26.   “Building height” means the vertical distance from the grade to the roof line.

27.   “Building line, front” means a line from one side lot line to another side lot line, parallel to the street, and as far back to the building foundation from the street right-of-way as required in this chapter for the front yard.  The front building line also represents the minimum lot width.  (See Figure 7.)

28.   “Building line, rear” means a line parallel to the rear lot line and as far forward from the rear lot line as the building foundation and required by this chapter.  (See Figure 7.)

29.   “Building line, side” means a line parallel to the side lot line and as far from the side lot line as the building foundation and required by this chapter.  (See Figure 7.)

30.   “Building Official” means the City employee designated to enforce this chapter.

31.   “Building permit” means the official certification that a proposed improvement complies with the provisions of this chapter and such other ordinances as may be applicable.  Such a permit is required for new construction and for alteration or additions to existing structures prior to commencement of construction.

32.   “Business service establishment” means an establishment primarily engaged in rendering services to business establishments on a fee or contract basis.  Such establishments include but are not limited to the following:  advertising agencies; consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies; mailing, reproduction, commercial art and photography, and stenographic services; services to dwellings and other buildings; news syndicates; personnel supply services; computer and data processing services; research and development laboratories; management, consulting and public relations services; detective agencies and protective services; equipment rental and leasing services; photo finishing laboratories; and other establishments primarily engaged in furnishing business services such as bondsmen, bottle exchanges, drafting service, interior designing, notary publics, packaging and labeling service, telephone message service, water softening service and auctioneer service on a commission or fee basis.  (See Major Group 73 of the Standard Industrial Classification Manual.)

33.   “Cellar” means a portion of a building located partially or wholly underground and having less than three and one-half (3½) feet of its floor-to-ceiling height above grade.  A cellar is not counted as a story for the purpose of height and yard regulations.

34.   “Certificate of occupancy” means the official certification that a premises conforms to provisions of this chapter and such other ordinances as may be applicable and may be used or occupied.  Such a certificate is granted upon completion of new construction or for alteration or additions to existing structures.

35.   “Child daycare facility” means a State-licensed or registered facility where more than six (6) children are temporarily left with attendants.  Any establishment which receives any number of children after ten o’clock (10:00) p.m. and before seven o’clock (7:00) a.m. is defined as a child daycare facility and as such is licensed or registered.

36.   “Clinic” means an office where outpatients are scheduled for examinations and treatment by one or more members of a healing profession, such as a group of physicians or dentists.

37.   “Clinic, small animal” means an establishment where the prevention and treatment of diseases and injuries in small domestic animals is carried out by a licensed veterinarian.  For the purposes of this chapter, this definition does not include a kennel.

38.   “Club” means a meeting place of an association with restricted access to the general public controlled by its members and in which property is actually owned, leased or held in common for the benefit of its members.

39.   “Commercial recreational uses” means facilities which are used primarily for physical exercise or culture and which include but are not limited to campgrounds, courts, gyms, swimming pools, locker and training rooms, target or shooting ranges, amusement arcades and billiard halls.  Such facilities do not include massage parlors and establishments which feature nude dancing.

40.   “Commission” means the Planning and Zoning Commission of the City, as created by Chapter 414 of the Code of Iowa and Chapter 24 of this Code of Ordinances.

41.   “Conditional use” means a use of property that will be permitted by the Board of Adjustment subject to the applicant meeting certain conditions and safeguards which will assure that the use will be in harmony with the general intent and purpose of this chapter.

42.   “Confinement feeding operations” means one or more totally roofed animal enclosures, designed to contain liquid or semi-liquid animal wastes and having an animal capacity that exceeds any of the following:

   A.   200 slaughter and feeder cattle

   B.   140 mature dairy cattle

   C.   500 butcher and breeding swine (over 55 pounds)

   D.   11,000 turkeys

   E.   18,000 broiler or layer chickens

43.   “Consignment store” means a retail establishment engaged in selling used merchandise such as clothing, furniture, books, shoes or household appliances on consignment or a retail establishment, engaged in selling donated used merchandise, which is operated by an organization which has been granted an exemption from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.  In association with such stores, merchandise is brought to the establishment and processed by being marked, cleaned, sorted and stored as a major part of the principal use.  Such stores do not include those selling vehicles, auto parts, scrap or waste.

44.   “Conversion” means any change of one principal use to another principal use.

45.   “Court” means a space, open and unobstructed to the sky, located at grade on a lot and bounded on three or more sides by walls.

46.   “Deck” means an uncovered platform area projecting from the wall of a building, accessible at or from above grade and attached to the ground.

47.   “Density, gross” means the number of dwelling units per unit area of land (usually expressed as dwelling units per acre, D.U./Ac).

48.   “Development” means any manmade change to improved or unimproved property, including but not limited to buildings, mining, dredging, filling, grading, paving, excavation or drilling operations.

49.   “Developmentally disabled” means any person who has a disability attributable to but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; dyslexia resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age 18 and which constitutes a substantial impairment expected to be long-continued and of indefinite duration.

50.   “Discontinuance” means whenever a nonconforming use is abandoned, ceased or terminated.

51.   “Down-zoning” means a change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multi-family to single-family or from commercial or industrial to residential.

52.   “Drive/Driveway” means an asphalt, concrete or similar permanent dust-free surface designed to provide vehicular access to a parking area.  (See Figure 6.)

53.   “Dwelling” means a building which is wholly or partially used or intended to be used for residential occupancy.

54.   “Dwelling, duplex (two-unit dwelling)” means a dwelling arranged, designed or intended to be occupied as the residence of two individual housekeeping organizations living independently of each other.

55.   “Dwelling, farm” means a dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located.

56.   “Dwelling, four-plex” means a multi-family dwelling containing four (4) dwelling units.

57.   “Dwelling, low-rise” means a multi-family dwelling which is thirty-five (35) feet or less in building height.

58.   “Dwelling, multi-family” means a dwelling containing three (3) or more dwelling units.  This definition includes, but is not limited to, such buildings as are commonly referred to as apartment house/buildings, high-rises and condominiums.  (See Figures 9 and 10.)

59.   “Dwelling, single-family” means a detached building containing one dwelling unit designed or intended to be occupied as the residence of an individual housekeeping organization and having no party wall in common with an adjacent house or houses.  This definition includes the term “manufactured home.”  (See Figures 9 and 10.)

60.   “Dwelling, tri-plex” means a multi-family dwelling containing three (3) dwelling units.

61.   “Dwelling, zero lot line” means a single-family dwelling with one or more walls located on a side lot line which is not on a street or alley right-of-way line.  (See Figures 9 and 10.)

62.   “Dwelling unit” means any habitable room or group of adjoining habitable rooms within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating of meals of an individual housekeeping organization but may not include more than five (5) persons not related by blood, marriage, adoption or legal process.

63.   “Dwelling unit, efficiency” means a dwelling unit consisting of one principal room, in addition to a bathroom, hallway and closets, which serves as the occupant’s living room, bedroom and, in some instances, the kitchen of an individual housekeeping organization but may not include more than five (5) persons not related by blood, marriage, adoption or legal processes.

64.   “Earth-sheltered home” means a building designed to be used as a dwelling utilizing earth to shelter the building.  The roof can be of conventional construction or covered with earth as a completed residential dwelling, as opposed to a basement with a temporary roof, and must meet the Building Code standards.

65.   “Easement” means a right given by the owner of land to another person for specific limited use of that land, e.g., to allow access to another property or for utilities.

66.   “Elderly” means a person at least 62 years of age or older.

67.   “Elderly housing” means a dwelling especially designed for use and occupancy of persons who are aged or who are handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act.

68.   “Enlargement/expansion” means an increase in the volume of a building, an increase in the area of land or building occupied by a use or an increase in the number of occupants or dwelling units.

69.   “Extraction” means the extraction of sand, gravel or topsoil as an industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building.

70.   “Factory-built housing lot” means a properly zoned parcel of land for placement of a single mobile home, manufactured home or modular home and the exclusive use of its occupants.

71.   “Factory-built housing park” means a parcel of land which has been planned and improved for the placement of mobile homes, manufactured homes and/or modular homes for non-transient use.

72.   “Factory-built housing park development plan” means a custom-made design for a specific site or area consisting of drawings, maps and engineering details setting forth the boundary, topography and overall park design, including streets, parking facilities, factory-built home lot locations and services facilities.

73.   “Family” means any number of people related by blood, marriage, adoption or placement by a governmental or social service agency, and not more than three (3) additional unrelated adults, occupying a dwelling unit as a single housekeeping organization.

74.   “Family care facility/family home” means a community-based residential home, which is licensed either as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa, that provides room and board, personal care, rehabilitation services and supervision in a family environment by a resident family for not more than eight (8) developmentally disabled persons.  However, family care facility does not mean an individual foster care family home licensed under Chapter 237 (Chapter 414.22, State Code of Iowa).

75.   “Farm” means an area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits, trees and grain and their storage on the land.  The term “farm” includes the necessary accessory uses and buildings for treating and storing the food produced.

76.   “Feedlot” means a lot, yard, corral or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter.  The term does not include areas which are used for the raising of crops or other vegetation and upon which livestock are allowed to graze or feed.

77.   “Filling station” means any building or premises used for the dispensing or retail sale of motor vehicle fuel or oil or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of bodies or fenders of motor vehicles or painting motor vehicles.  When the dispensing or sale is incidental to the operation of a commercial garage, the premises is classified as a commercial garage.

78.   “Financial institution” means an establishment for the receiving, keeping, lending of money and the exchange of funds by checks or notes, including banks, savings and loans, credit unions and similar establishments.

79.   “Fitness centers and health spas” means facilities used primarily for physical exercise and wellness programs and which include but are not limited to gymnasiums, aerobic studios, weight lifting centers, racquetball courts, tennis courts and jogging trails.

80.   “Floor area” means the total area (square feet) of all floors of a building or portion thereof measured to the outside surface of exterior walls or the center line of walls to attached buildings or uses.  It does not include garages, porches, balconies, decks and other appurtenances.  Space in the basement or cellar and all other space shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located.  If the basement is used for business or commercial purposes, other than storage, it shall be counted as floor area in computing off-street parking requirements.

81.   “Floor area ratio (FAR)” means the numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.

82.   “Frontage” means the distance along one side of a street line (right-of-way line) between two intersecting streets (crossing or terminating) or from one intersecting street to the end of a dead-end street or to the end of a cul-de-sac (but not including property more than 400 feet distant on either side of a proposed building or structure).

83.   “Garage, commercial” means any building or premises used for equipping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels and supplies may be sold.

84.   “Garage, private” means a building or portion of a building in which one or more motor vehicles are housed but in which no business, service or industry connected with motor vehicles is carried on.

85.   “Grade” means the top surface elevation of lawns, walks, drives or other improved surfaces after completion of construction or grading and landscaping.  For the purposes of determining height of a building, the grade is the average level at the perimeter of the exterior walls of the building.  (See Figure 13.)

86.   “Ground area” means the area of a building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces and exterior stairways.

87.   “Ground floor/first floor” means the lower-most floor of a building having its floor-to-ceiling height at or above the grade.

88.   “Group care facility” means a government licensed or approved facility which provides resident services in a dwelling to more than eight (8) individuals, not including resident staff, but not exceeding 30 individuals.  These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult supervision; and are provided services in accordance with their individual needs.  “Group care facility” does not include nursing homes.

89.   “Guest” means an individual who shares a dwelling in a nonpermanent status for not more than 30 days.

90.   “Handicapped” means a person certified by a medical doctor as having a physical or mental impairment which is expected to be of long-continued and indefinite duration, which substantially impedes the ability to live independently and is of a nature that the ability to live independently could be improved by more suitable housing conditions.

91.   “Hedge” means a boundary formed of a row of closely planted shrubs or bushes.

92.   “Home occupation” means an accessory use of an occupation or profession carried on by a person who is a member of the housekeeping organization residing on the premises, provided that the occupation or profession does not occupy more than the equivalent of fifty percent (50%) of the floor area of one story of the dwelling; there is no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling, with the exception of the allowed signage as defined in Section 165.35 of this chapter; not more than one person not a member of the housekeeping organization residing on the premises is regularly employed; the building includes no features of design not customary in buildings for residential use; and there is no emission of odor, gas, smoke, dust, or noises, or parking and traffic that will be detrimental to the residential character.  Only one home occupation per household is permitted.

93.   “Hospital” means an institution providing health services for human in-patient medical care for the sick or injured and including related facilities which are an integral part thereof such as laboratories, out-patient facilities, staff offices and emergency medical services, except heliports, helipads and helistops.

94.   “Hotel” means a building licensed by the State and occupied and used principally as a place of lodging for guests.  Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms.  (See “hotel, apartment.”)

95.   “Hotel, apartment” means a multi-family dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as a drug store, barber shop, cosmetologist, cigar stand or newsstand, when such uses are located entirely within the building with no separate entrance from the street or display visible from any sidewalk, and having no sign or display visible from outside of the building indicating the existence of such services.

96.   “Institution” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

97.   “Junk yard” means an area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or assembled, stored or handled, including the dismantling of “wrecking” of automobiles or other vehicles or machinery.  A junk yard is also a house wrecking yard, used lumber yard and place for storage of salvaged building materials and structural steel materials and equipment.

98.   “Kennel” means an establishment where small animals are bred, raised, trained, groomed and boarded for compensation, sale or other commercial purposes.

99.   “Lakeshore line” means the high water line of the City which, for the purpose of this chapter, shall be considered at an elevation of 191.29, based on City datum.

100.   “Livestock” means cattle, sheep, swine, poultry and other animals or fowl, which are being produced primarily for use as food or food products for human consumption.

101.   “Living unit” – see “dwelling unit.”

102.   “Loading space, off-street” means space logically and conveniently located and designed for bulk pickups and deliveries and accessible to delivery vehicles from aisles.

103.   “Lodging house” – see “rooming house.”

104.   “Long-term care facility” – see “nursing home.”

105.   “Lot” means a plot, separate tract or parcel of land with fixed boundaries suitable for occupancy by a use permitted in this chapter, including one main building, together with its accessory building, open spaces and parking spaces required by this chapter, and having its principal frontage upon a street.

106.   “Lot, corner” means a lot located at the intersection of two (2) or more streets.  (See Figure 8.)

107.   “Lot, double frontage” means a lot having frontage on two (2) parallel or approximately parallel streets.  (See Figure 8.)

108.   “Lot, depth of” means the mean horizontal distance between the front and rear lot lines.

109.   “Lot, front of” means that portion of a lot abutting on the street or, in the case of a corner lot, that side of the lot abutting the street in the same direction as the adjacent interior lot or, in the case of lakeshore property, that side of the lot abutting the lake in the same direction as the adjacent interior lot.

110.   “Lot, interior” means a lot other than a corner lot or double frontage lot and bounded by a street on only one side.  (See Figure 8.)

111.   “Lot, reversed frontage corner” means a corner lot, the rear of which abuts the side of another lot.  (See Figure 8.)

112.   “Lot area” means the total area within the lot lines of a lot excluding any area located within a public or private street.

113.   “Lot coverage” means the percentage of the lot area covered by the building area.

114.   “Lot depth” means the mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

115.   “Lot frontage” means the continuous width of a lot measured along the street (right-of-way line).  (See Figure 7.)

116.   “Lot line” means a line oriented in terms of stable points of reference which establishes one boundary of a lot.

117.   “Lot line, front” means a lot line separating the lot from the street.  On corner lots, the front lot line is the shortest street dimension, except that if the lot is square or almost square, i.e., has dimensions at the ratio of from 3:2 to 3:3, then the front lot line may be along either street.  (See Figure 7.)

118.   “Lot line, rear” means the lot line opposite and most distant from the front lot line.  In the case of a triangular shaped lot, it is an imaginary line within the lot, ten (10) feet in length and parallel to and farthest from the front lot line.  (See Figure 7.)

119.   “Lot line, side” means any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line.  (See Figure 7.)

120.   “Lot width” means the length of the front building line.  (See Figure 7.)

121.   “Manufactured home” means a factory-built, single-family dwelling, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.  A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling as is provided in Code of Iowa Section 435D.26.  For the purpose of any of these regulations, manufactured homes are considered the same as single-family detached dwellings.

122.   “Meeting hall” means a facility providing space for lectures, social function, exhibitions, entertainment, instruction and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas.

123.   “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 for year-round occupancy as a single-family dwelling and containing water supply, waste disposal, heating and electrical conveniences.  A mobile home is factory-built housing built on a chassis.  A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.  A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided.  However, certain mobile homes may be classified as “manufactured homes.”

124.   “Modular home” means any single-family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home.

125.   “Motel” means a residential building or group of buildings, licensed by the State, usually located along highways, occupied by and used principally as a place of lodging for transient guests.  The term “motel” also includes “motor hotel, motor court, motor lodge or tourist court.”

126.   “Multi-lot building site” means two (2) or more abutting lots or portions thereof in single ownership, and the land involved is considered a single parcel and is so recorded on the property deed as a covenant.

127.   “Neighborhood center” means a use owned and operated by a nonprofit organization, as defined by Section 501(c)(3) of the Internal Revenue Code, providing a place for social services such as the care of children, supervised recreation, counseling referral for children and adults, and/or support groups for children and adults and in which such services are intended primarily, though not exclusively, for those persons within a mile radius of the center.

128.   “Nonconforming lot” means a lot which does not conform to the provisions of this chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto.

129.   “Nonconforming structure” means a structure or portion thereof which does not conform to the provisions of this chapter relative to height, yards or building coverage for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto.

130.   “Nonconforming use” means any use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this chapter by reason of the adoption of this chapter or subsequent amendments thereto.

131.   “Nursing home” means a facility operated by a proprietary or nonprofit corporation or association and licensed or regulated by a governmental entity for the accommodation of three or more persons, convalescents or other persons who are not in need of hospital care but who require skilled care and/or related services.

132.   “Office” means a place where a particular kind of business is transacted or a service is supplied.

133.   “Officially approved place” means a private street which was permitted under the terms of the zoning ordinance prior to the adoption of this chapter.  Such streets were either established by the Council or by the Board of Adjustment as a variance to the requirement that a lot front on a public street.

134.   “Open feedlots” means unroofed or partially roofed animal feeding operations in which no crop, vegetation or forage growth or residue is maintained during the period that animals are confined in the operation and having an animal capacity that exceeds any of the following:

   A.   1,000 beef cattle

   B.   700 dairy cattle

   C.   2,500 butcher and breeding swine (over 55 pounds)

   D.   10,000 sheep and lambs

   E.   55,000 turkeys

   F.   500 horses

135.   “Open space” means that portion of the lot that is not covered by buildings, drives, parking spaces and aisles.

136.   “Open space, common/public” means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreation or conservation uses.

137.   “Open space, private” means open space used by occupants of a dwelling unit.

138.   “Overlay zone” means a set of zoning requirements that is imposed in addition to those of the underlying zone.  Developments within the overlay zone, except in the case of an OPD-H zone, must conform to the requirements of both zones or, in the case of a disparity, the more restrictive requirements of the two.

139.   “Owner” means the person who holds the fee simple or equitable title to the property.

140.   “Parking lot” means an off-street facility intended or designed for the parking of more than four (4) motor vehicles, including parking spaces, aisles and tree islands.

141.   “Parking space” means an asphalt, concrete or similar permanent dust-free surface area of not less than 200 square feet which is intended for off-street vehicular parking.  The space includes the necessary maneuvering space for the parking of a vehicle.  Space for maneuvering, incidental to parking or un-parking, shall not encroach upon any public right-of-way.

142.   “Patio” means an uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling.

143.   “Performance standard” means a minimum requirement or maximum allowable limit on the effects or characteristics of a use, written in the form of regulatory language.

144.   “Permitted use” means a principal use which is allowed in the zone in which it is listed subject to compliance with the dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of this chapter.

145.   “Person” means any individual or group of individuals, corporation, partnership, association or any entity, including state and local governments and agencies.

146.   “Personal service establishment” means an establishment primarily engaged in providing services generally involving the care of the person or his/her apparel.  Such establishments include but are not limited to the following:  laundry, cleaning and garment services; photographic studios; beauty shops, barber shops, shoe repair shops, shoe shine parlors and hat cleaning shops; funeral homes; and other establishments engaged in providing personal services such as steam baths, reducing salons and health clubs, clothing rental, locker rental, and porter services.  (See Major Group 72 of the Standard Industrial Classifications Manual.)

147.   “Planning and Zoning Commission” means the commission appointed by the Council under the provisions of Chapter 24 of this Code of Ordinances.

148.   “Planting area” means an unpaved pervious area intended or used for the placement of a tree or shrub or other vegetative material.

149.   “Plat” means a map or maps of a subdivision or site plan.

150.   “Porch” means a covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building.

151.   “Premises” – see “lot.”

152.   “Principal building” means a building which contains the principal use.

153.   “Principal use” means the primary use of land or a structure as distinguished from an accessory use, e.g., typically, a house is a principal use in a residential area; a garage or pool is an accessory use.

154.   “Projection (into yard)” means a part of a building, such as an architectural feature, which protrudes into any required yard.

155.   “Provisional use” means a principal use which is allowed in the zone in which it is listed subject to compliance with the specific requirements mentioned with the use and all other dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of this chapter.

156.   “Public utility” means a system which is owned and operated by a licensed public utility company or by a railroad company.  Such systems do not include those owned and operated by the City or other governmental agency.

157.   “Quarry” means land used for the purpose of excavating materials as an industrial operation.

158.   “Regulatory flood protection elevation” means the elevation to which uses regulated by this chapter are required to be elevated or flood-proofed.

159.   “Religious institution” means an organization having a religious purpose, which has been granted an exemption from federal tax as a Sec. 501(c)(3) organization under the Internal Revenue Code, including churches, rectories, meeting halls, schools and the facilities that are related to their use.

160.   “Remodel/repair” means any improvement in a building which is not a structural alteration.

161.   “Restaurant” means a business where the dispensing and the consumption at indoor tables of edible foodstuff and/or beverage is the principal business, including a cafe, cafeteria, coffee shop, delicatessen, lunch room, tearoom, dining room, bar, cocktail lounge or tavern.  The total seating area located within the enclosed portion of the premises is more than fifty percent (50%) of the total floor area.

162.   “Restaurant, drive-in/carry-out” means an auto-oriented use whose principal operation is the dispensing of edible foodstuff and/or beverage for consumption in automobiles, at indoor or outdoor tables, at stand-up counters or to be carried off the premises.  The total seating area, if provided, is less than fifty percent (50%) of the floor area.

163.   “Retail establishment” means an establishment engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of the goods.  Such establishments will have the following characteristics:  the establishment is usually a place of business and is engaged in activities to attract the general public to buy; the establishment buys or receives merchandise as well as sells; the establishment may process its products, but such processing is incidental or subordinate to selling; the establishment is considered as retail in the trade; and the establishment sells to customers for business or personal uses.

164.   “Rezoning” means a change in land use regulations.  Rezoning can take three forms:  (a) a comprehensive revision or modification of the zoning text and map; (b) a text change in zone requirements; or (c) a change in the map, i.e., the zoning designation of a particular parcel or parcels.

165.   “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission lines, gas pipeline, water lines, sanitary or storm sewer lines, shade trees or for other special use.

166.   “Roof” means the top covering of a building constructed to shield the area beneath from the weather.  The term “roof” includes the term “canopy.”

167.   “Roof line” means the highest point of the coping of a flat roof; the deck line of a mansard roof; and the mid-point between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof.  (See Figure 11.)

168.   “Roomer” means an occupant of a rooming house or rooming unit who is not a member of the family occupying the dwelling unit.

169.   “Rooming house” means any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more but not to exceed twelve (12) roomers.  A rooming house is not open to transient guests.

170.   “Rooming unit” means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, for living and sleeping, but not for cooking.  A rooming unit shall have bath and toilet facilities available for exclusive use of the occupants or for communal use and, in addition, the occupants may have access to a communal kitchen and/or dining room.

171.   “School - generalized private instruction” means a private school which includes any of the following:  elementary and secondary schools below university grade (ordinarily grades 1 through 12), including denominational and sectarian; kindergartens and military academies; colleges, universities and professional schools granting academic degrees and requiring for admission at least a high school diploma or equivalent general academic training; junior colleges and technical institutes requiring for admission at least a high school diploma or equivalent general academic training and granting associate academic degrees, certificates or diplomas.

172.   “School - specialized private instruction” means a private school which includes any of the following:  establishments primarily engaged in offering data processing courses in programming and in computer and peripheral equipment operation, including keypunch operation; establishments primarily engaged in offering courses in business machines operation (except data processing), office procedures and secretarial and stenographic skills; establishments primarily engaged in offering specialized trade or commercial courses, not elsewhere classified, but not academic training; specialized non-degree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schools, and Civil Service and other short-term examination preparatory schools; establishments primarily engaged in operating dance studios and schools.

173.   “Separate tract” means an abutting group of lots which are developed for a use or uses which share common facilities, e.g., off-street parking, loading and driveways.  A separate tract is considered as a single lot in the application of the requirements of this chapter.

174.   “Setback line” means the line parallel with the street line and at a distance equal to the least depth of the front yard, beyond which the wall of a building or structure shall not project.

175.   “Sign” means an identification, description, illustration or device, which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.

176.   “Stacking space” means an asphalt, concrete or similar permanent dust-free surface which is designed to accommodate a motor vehicle waiting for entry to an auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed and which is at least nine (9) feet in width and nineteen (19) feet in length.

177.   “Story” means the portion of a building, other than a basement, included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and the ceiling above or each twelve (12) feet of height of building.  If the finished floor level directly above a usable or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.  (See Figure 12.)

178.   “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level.

179.   “Street” means the entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic.

180.   “Street, local” means a City street other than a major thoroughfare.  (See “thoroughfare, major” in this section.)

181.   “Structure” means anything constructed or erected, the use of which requires permanent location, on the ground or which is attached to something permanently located on the ground.  Structures include buildings, radio and TV towers, sheds and permanent signs.  Structures exclude vehicles, sidewalks and paving.

182.   “Structural alteration” means any change in the configuration of the exterior walls, foundation or the roof of a building which results in an increase in the area height or volume of the building.

183.   “Sub-standard lot” – see “nonconforming lot.”

184.   “Substantial improvement” means any repair, reconstruction or improvement of a building, the cost of which equals or exceeds fifty percent (50%) of the market value of the building either (a) before the improvement or repair is started, or (b) if the building has been damaged and is being restored, before the damage occurred.  For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building.  The term does not, however, include either (i) any project for improvement of a building to comply with existing State or local health, sanitary or safety code specifications which are necessary to assure safe living conditions, or (ii) any alteration of a building listed on the National Register of Historical Places or a State Inventory of Historic Places.

185.   “Thoroughfare, major” means a street which has or is planned to have continuity to carry traffic from one section of the City to another or which provides a traffic route out of and into the City.

186.   “Townhouse” means a complex containing not less than three (3) or more than six (6) abutting single-family dwellings (townhouse units) and each single-family dwelling being located on a separate lot.  (See Figures 9 and 10.)

187.   “Transient housing” means a structure owned and operated by a nonprofit organization, as defined by Section 501(c)(3) of the Internal Revenue Code, providing a temporary residence, for a period of not more than ten (10) days, for persons in need of emergency shelter and who are temporarily unable to pay for housing.

188.   “Tree” means a live, self-supporting, woody plant with a single or multiple self-supporting trunk(s).

189.   “Up-zoning” means the converse of down-zoning.  (See “down-zoning.”)

190.   “Use” means a purpose or activity for which land, structures or a portion thereof is designed, occupied and maintained.

191.   “Use, accessory” – see “accessory building/use.”

192.   “Use, permitted” – see “permitted use.”

193.   “Use, principal” – see “principal use.”

194.   “Use, provisional” – see “provisional use.”

195.   “Vacation” means the process by which the City discontinues the use of a street, alley or easement as a public way.

196.   “Variance” means a means of granting a property owner relief from certain provisions of this chapter where owing to special conditions a literal enforcement of the provision of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.  The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa.

197.   “Variety store” means an establishment engaged in the retail sale of a variety of merchandise in the low to middle price ranges.  These stores do not carry a complete line of merchandise, are not departmentalized and do not deliver merchandise.  These stores are distinguished from other similar stores listed in the 1987 Standard Industrial Classification Manual, Major Group 53 - General Merchandise.

198.   “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway.

199.   “Vehicle, storage of” means a vehicle or portion thereof which is parked in the same position for a period of 48 hours or more.

200.   “Yard” means the required area on a lot unoccupied by structures above grade, except for projections and the specific minor uses or structures allowed in such area under the provisions of this chapter.  A yard extends from the grade upward.

201.   “Yard, front” means the required area across the full width of the lot extending between the front building line and the front lot line or street right-of-way line.  (See Figure 7.)

202.   “Yard, rear” means the required area from one side lot line to another side lot line and between the rear building line and the rear lot line.  (See Figure 7.)

203.   “Yard, side” means the required area from the front yard line to the rear yard line and from the side building line to the side lot line.  (See Figure 7.)

204.   “Zone” means a portion of the City delineated on the zoning map in which requirements and development standards for the use of land and buildings within, above or below the zone are prescribed in this chapter.

205.   “Zoning map” means the official City Zoning Map of Clear Lake which delineates the boundaries of zones and which, along with the zoning text, comprises the City’s Zoning Ordinance.

206.   “Zoning permit” means a permit issued by the enforcing officer authorizing the use of land in the manner and for the purpose specified in the application.