As used in this title, the word “or” also means “and/or;” the words “used” or “occupied” include the words "intended, designed, or arranged to be" used or occupied; the word “lot” includes the words “plot or parcel” and all other words or phrases used to denote an individual site that complies with the minimum provisions of this title. For the purpose of this title, the following terms or words used herein shall be interpreted as follows:

   1.   Words beginning with “A.”

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

      B.   “Accessory living quarters” means living quarters within an accessory building for the sole use of persons fully employed on the premises or for the temporary use by guests of the occupants of the premises.

      C.   “Accessory use” means a use subordinate to the principal permitted use of a premises serving a purpose customarily incidental to the principal permitted use and which is located on the same lot as the principal building, except for such accessory parking facilities as are specifically authorized by this title.

      D.   “Addition” means an extension or increase in floor area, size, or height, number, or capacity of a building or structure.

      E.   “Administrative decision” means a decision made by the Community Development Director.

      F.   “Adult artist, body painting, or body piercing studio” means an establishment or business which provides the services of piercing, applying paint, or other substance, whether transparent or nontransparent, to or on the human body distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” (as defined in this section).

      G.   “Adult bookstore” means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, videos, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this section); or an establishment or section devoted to the sale or display of such material.

      H.   “Adult cabaret” means any place holding a liquor license or beer permit, or combination for consumption of beer or liquor, or both, on the premises wherein entertainment is characterized by emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this section).

      I.   “Adult entertainment establishment” means any other establishment not otherwise defined herein, but of the same general classification as the other establishments herein defined, having as a substantial or significant portion of its business the offering of entertainment, stocks in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of “specified sexual activities” or “specified anatomical areas” (as defined in this section).

      J.   “Adult massage parlor” means any place of business wherein any method of pressure on or friction against, or rubbing, stroking, kneading, tapping, pounding, or vibrating the external parts of the body with the hand or any body parts, or by a mechanical or electrical instrument, under such circumstances that it is reasonably expected that the individual to whom the treatment is provided, or some third person on their behalf, will pay money or give other consideration or gratuity therefor, wherein the massage is distinguished or characterized by an emphasis on “specified sexual activities,” or involving “specified anatomical areas” (as defined in this section).

      K.   “Adult mini-motion picture theater” means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this section), for observation by patrons therein.

      L.   “Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this section), for observation by patrons therein.

      M.   “Adult theater” means a motion picture theater or stage show theater, or combination thereof, used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this section), for observation by patrons therein.

      N.   “Agriculture” means the use of land for agricultural purposes, including agriculture, farming, floriculture, forestry, horticulture, and necessary accessory uses for treating, packing, or sorting produce; however, the operation of the accessory uses shall be subordinate to that of the normal agricultural activities.

      O.   “Air animated display” means a temporary sign, typically constructed out of a flexible fabric, and inflated to allow movement and animation. All air animated displays must be properly secured to the ground to prevent a change in location.

      P.   “Amendment” means a change in the wording, context, or substance of this title, or a change in the zoning or district boundaries of the Official Zoning Map, a part of this title, when adopted by ordinance passed by the proper authoritative body in the manner prescribed by law.

      Q.   “Animation” means rotation or any other movement or appearance thereof, or change of lighting to depict action or create a special effect or scene, whether by atmospheric movement, mechanical, or electrical means, or any combination thereof.

      R.   “Apartment” means a room or suite of rooms intended or designed for use as a dwelling unit typically made available for lease.

      S.   “Apartment house” See definition of dwelling, multiple-family.

      T.   “Appeal” means a request that another authority reviews or reconsiders a decision that an interested party believes to have been made in error.

      U.   “Applicant” means the owner or lessee of property, or said person’s agent, or a person who has contracted to purchase the property contingent upon such person’s ability to acquire the necessary permits under this title, or the agent of such person.

      V.   “Appraisal” means an estimate or opinion of the value of real or personal property or an interest or estate in that property as determined by a qualified appraisal.

      W.   “Assisted living residential facility” means a building consisting of individual dwelling units where meals and assistance for daily living activities are provided for residents, who are primarily elderly persons. Such facility must be licensed as a residential care facility or skilled nursing facility under Chapter 135C of the Code of Iowa.

      X.   “Automobile sales and display” means the use of land or building for the display, sale, or lease of new or preowned passenger vehicles with a gross vehicle weight rating of less than 9,000 pounds. The servicing or repair of vehicles may be conducted as an accessory use.

      Y.   “Automobile supply” means an establishment for the retail sales of motor vehicle parts, supplies, and other similar products. It may also include minor installation of parts or accessories such as batteries, windshields, tires, wheels, electronic components, and other similar products. Automotive repair and the sale of vehicles are expressly prohibited.

      Z.   “Automobile wrecking” means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot, parcel, or tract of land, of five or more vehicles or trailers which for a period exceeding 30 days have not been capable of operation under their own power, and from which parts have been removed or are to be removed for reuse, salvage, or sale, shall constitute evidence of an automobile wrecking yard.

      AA.   “Automotive repair” means an establishment used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to: brake/exhaust/engine repair or work, oil change and lubrication, provided all functions of the business are entirely contained within the confines of the building and no outdoor storage of vehicles or parts is allowed.

      BB.   “Awning” means a roof-like cover typically constructed of fabric, metal, or glass, designed and intended for protection from the weather or as a decorative feature to the principal structure, which projects from a wall or roof of a structure over a window, walkway, door, or similar.

   2.   Words beginning with “B.”

      A.   “Balcony” means a covered or uncovered platform area projecting from the wall of a building, unenclosed except by a railing, which projects from the outer wall of a building above ground level without support other than the building.

      B.   “Bar/lounge” means any place devoted primarily to the selling, serving, or dispensing and drinking of malt, vinous, or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon, and where such beverages are consumed on the premises.

      C.   “Base flood” means the flood having one percent chance of being equaled or exceeded in any given year. (Also commonly referred to as the “100-year flood.”)

      D.   “Base flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

      E.   “Basement” means a story having more than one-half of its height below grade. A basement shall not be counted as a story for the purpose of height regulation, unless designed or used for habitation or business purposes and provided that the finished floor level directly above is not more than six feet above grade. (See definition of story.)

      F.   “Basement” (Flood Control) means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see definition of “lowest floor.”

      G.   “Beer garden” means any establishment that includes any area out of doors or not completely contained within a building in which alcoholic beverages are served or consumed, and, may or may not, include the serving or consumption of food. The facility shall be duly approved and licensed as required by applicable State and local regulations.

      H.   “Big box retailer” means a single tenant user with a minimum of 25,000 square feet in gross floor area.

      I.   “Blade” means an element of a wind turbine which acts as a part of an airfoil assembly, thereby extracting through rotation, mechanical energy directly from the wind.

      J.   “Board” means the Board of Adjustment.

      K.   “Board of adjustment” means an administrative hearing board created by the Code of Iowa, as amended, which is authorized to issue special use permits, interpret, and grant variances from this title.

      L.   “Boarding house” means a building other than a hotel where, for compensation, meals or lodging are provided for four or more persons, but does not include rest homes.

      M.   “Breezeway” means a covered passageway connecting a primary structure to an accessory structure or two accessory structures.

      N.   “Buffer” means a landscaped area, identified on a site plan or plat, intended to separate, and partially obstruct the view of two adjacent land uses or properties from one another.

      O.   “Buildable area” means the area of a lot remaining after the minimum open space or yard requirements of this title have been complied with.

      P.   “Building” means any structure having a roof supported by walls or by columns intended for enclosure, shelter, or housing of persons, animals, or chattel. When any portion thereof is entirely separated by walls in which there are no connecting doors or windows or any similar opening, each portion so separated shall be deemed a separate building, except for townhouses, duplexes, and condominiums wherein two or more dwelling units shall constitute a separate building. “Building” does not include signs or billboards.

      Q.   “Building, accessory” means a building subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to the use of the principal building. Among other things, the following are considered to be accessory buildings: shed, gazebo, garage.

      R.   “Building face” or “wall” means all the window and wall area of a building in one plane or elevation.

      S.   “Building frontage” means that wall or side of a building containing the main entry that is adjacent and most nearly parallel to a street.

      T.   “Building height” 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 of a mansard roof, or to mean height level between eaves and ridge for gable, hip, and gambrel roofs. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line from the higher of the two grades.

      U.   “Building Mounted WES” means a wind turbine that is mounted to any portion of a building, whether attached directly to the building or attached to a tower structure which is supported by the building.

      V.   “Building official” means the City employee designated by the Community Development Director to enforce the City’s building and zoning ordinances.

      W.   “Building permit” means official certification, issued by the Building Official, that a proposed improvement complies with the provisions of this title and other applicable ordinances.

      X.   “Bulk station” means distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products where the aggregate capacity of all storage tanks is more than 12,000 gallons.

   3.   Words beginning with “C.”

      A.   “Canopy” means a permanent roof-like cover that projects from the wall of a building over a door, entrance, or window; or a freestanding or projecting cover above an outdoor service area, such as a gasoline service station. Provides shelter to persons from elements of weather.

      B.   “Caretaker” means a person who is hired on a full-time basis to provide home based service to a resident occupant of the dwelling unit, including, but not limited to, a nurse, nanny, therapist, or maid.

      C.   “Certificate of Occupancy” means official certification that a premises conforms to provisions of this title and other applicable ordinances and may be used or occupied. A Certificate of Occupancy is granted upon completion of new construction or completion of alterations or additions to existing structures.

      D.   “Certificate of zoning compliance” means a written statement issued by the Community Development Department authorizing building uses, accessory building, and structures, or use consistent with the terms of this title and for the purpose of carrying out and enforcing its provisions.

      E.   “Certified survey” 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 surveyor.

      F.   “Channel” means any natural or artificial watercourse exhibiting definite banks, boundaries, and beds, and which contains visible evidence of flow or occurrence of water.

      G.   “Channel letter” means a multi-dimensional letter, number, or symbol that is individually formed and mounted to form a sign. For the purpose of this chapter, all channel letters must be at least one inch in thickness as defined by Subsection 11-12-7(3) of this title.

      H.   “Childcare facility” means a State licensed or registered facility where more than six children are temporarily left with attendants.

      I.   “Church” means any building, premises, or site whose primary use is public religious worship.

      J.   “Clear cutting” means the indiscriminate removal of trees, shrubs, or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition does not include the selective removal of nonnative tree and shrub species when the soil is left relatively undisturbed.

      K.   “Clinic” means an office occupied by one or more members of a healing profession.

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

      M.   “Commercial entertainment” means an establishment that provides facilities for the physical entertainment of patrons for a fee, including batting cages, billiard parlors, bowling alleys, go-cart racing, ice skating, miniature golf courses.

      N.   “Commission” means the Planning and Zoning Commission.

      O.   “Communication device” means a structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting or receiving electronic signals.

      P.   “Community Development Director” means the City employee designated by the City to administer and enforce this title.

      Q.   “Consignment shop” means an enclosed facility in which used personal items such as clothes, jewelry, or furniture is resold through a broker for the owner at an agreed upon price. It is understood that the owner retains title to the item at all times and can end the arrangement with the broker at any time by requesting a return of the item.

      R.   “Consumer fireworks” means first-class consumer fireworks and second-class consumer fireworks that are intended for the retail sale and use by the general public provided that they are manufactured, labeled, and sold in conformance with the regulations of the U.S. Consumer Product Safety Commission published in Title 16, CFR.

      S.   “Consumer fireworks sales” means an establishment used for the retail display and sales of consumer fireworks.

      T.   “Convalescent homes” See definition of nursing home.

      U.   “Convenience store” means an establishment for retail sale of petroleum products and other supplies for motor vehicles, as well as for the retail sale of a variety of other items typically sold in grocery stores, not including the repair or sale of vehicles.

      V.   “Copy” means words, letters, logos, figures, symbols, statues, illustrations, patterns, decorative panels, or inserts that form a message or otherwise call attention to a business, product, service, or activity, or to the sign itself. Lighting and similar features adding to the architecture element of the building are not considered as signage but shall be regulated by the site plan.

      W.   “Courtyard” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

      X.   “Covenants, restrictive” means any contract restricting the manner in which land may be used.

      Y.   “Cul-de-sac” means a local street, one end of which is closed and consists of a circular turnaround.

      Z.   “Condominium” means one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories, and notwithstanding whether the rooms are intended for use or used as a residence or office for the operation of any industry or business, or for any other use not prohibited by law, where ownership of the general common elements of the structure, as defined under Chapter 499B of the Code of Iowa, is shared by one or more persons, corporations, or other legal entities capable of holding or owning an interest in real property.

      AA.   “Cooking provisions, permanent” means a room or space within a dwelling unit that is used or designed to be used for the preparation and cooking of food. The minimum components include a countertop, a sink with running water, and a stove or stove hookup utilizing gas or 220v electric.

   4.   Words beginning with “D.”

      A.   “Deck” means an unroofed platform, constructed above grade, unenclosed except by a railing, which projects from the outer wall of a building and is attached to the ground.

      B.   “Delayed deposit service provider” means every person who, for a fee, does either of the following:

         (1)   Accepts a check dated subsequent to the date it was written.

         (2)   Accepts a check dated on the date it was written and holds the check for a period of time prior to deposit or presentment pursuant to an agreement with, or any representations made to, the maker of the check, whether express or implied.

      C.   “Demising wall” means a wall used to provide separation between individual tenants located within a multiple-tenant building.

      D.   “Density, gross” means the number of dwelling units per unit area of land usually expressed as dwelling units per acre.

      E.   “Development” means any humanmade change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. “Development” does not include “minor projects” or “routine maintenance of existing buildings and facilities” as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling or grading.

      F.   “Development plan” means a type of plan that becomes part of the zoning for a property. The plan depicts site characteristics and development information and provides guidance for site plans.

      G.   “Display fireworks sales” means an establishment used for the manufacturing, storage, or distribution of any firework classified as a 1.3G firework by the American Pyrotechnics Association.

      H.   “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.

      I.   “Domesticated animal boarding/kennel” means any premises in which meals, exercise, and lodging for four or more domesticated animals, six months old or older, are provided for compensation, or in which such domesticated animals are raised for the purpose of sale, and are kept under constant restraint. Domesticated animals shall include dogs, cats, rabbits, and ferrets.

      J.   “Domesticated animal exercise yard” means an enclosed or open air structure, adjacent to or part of a principal structure which is located in a commercial or industrial district, which is utilized for the periodic exercise of domesticated animals.

      K.   “Domesticated animal run” means an accessory structure in a residential district that is built or constructed primarily to enclose domesticated animals.

      L.   “Drinking places” means those uses that include bars, taverns, saloons, cabarets, and nightclubs; which involve the sale or distribution of alcoholic beverages as a significant portion of business generated.

      M.   “Drip line” means a vertical line extending from the outermost branches of a tree to the ground.

      N.   “Drive-in/drive-through facility” means any portion of a building or structure from which a business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction.

      O.   “Dumpster enclosure” means any type of approved screening, which encompasses trash receptacles, grease receptacles, or recycling containers.

      P.   “Direct and free access” means a minimum 36” opening that opens directly to habitable space on both sides. For the purposes of this definition, habitable space shall be as defined in the International Residential Code as adopted by Title 10 Building Regulations of the Clive City Code.

      Q.   “Dwelling” means any building that contains one or more dwelling units occupied or designed to be occupied for residential living purposes. Dwelling excludes boarding houses, lodging houses, hotels, mobile homes, nursing facilities, and assisted living residential facilities. Types of dwellings and/or dwelling units include:

         (1)   “Dwelling, accessory unit” means an additional residential dwelling unit that is subordinate to the principal dwelling unit on the same lot, does not provide direct and free access to the principal dwelling unit and its amenities, and provides a reasonable expectation of privacy from residents of the principal dwelling. Accessory dwelling units may either be a detached building or attached or internal to the principal building. For the purposes of this definition, a dwelling unit is “subordinate” to the principal dwelling when all of the following apply:

            a.   The additional dwelling unit does not have an exterior door oriented toward and readily visible from the front yard;

            b.   The additional dwelling unit does not have a separate address;

            c.   The additional dwelling unit is provided water from the same metered service as the existing principal dwelling.

         (2)   “Dwelling, apartment” means a dwelling unit within a multiple family dwelling. Apartment may be either leased or owned by the occupant.

         (3)   “Dwelling, duplex” means a building containing only two dwelling units located on the same lot, where neither unit is accessory nor subordinate to the other in terms of size, scale, and use. A duplex dwelling shall have a separate address and a separate water metered service for each dwelling unit.

         (4)   “Dwelling, multiple-family” means a building that contains three or more dwelling units located on the same lot, exclusive of permitted accessory dwelling units.

         (5)   “Dwelling, single-family” means a building that contains only one principal dwelling unit and occupied exclusively for residence purposes, including naturally or commonly occurring uses specified herein.

         (6)   “Dwelling, townhouse” means a single dwelling unit in a townhouse development that extends from foundation to roof and that has a yard or public way on not less than two sides. Townhouse dwelling units may be either attached by one or more common walls or detached.

         (7)   “Dwelling unit” means a single unit providing completed independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A dwelling unit shall contain no more than two interior rooms or spaces providing permanent cooking provisions.

   5.   Words beginning with “E.”

      A.   “Easement” means a right given by the owner of land to another person for specific limited use of that land.

      B.   “Egress” means an exit.

      C.   “Employee” means any person working, regardless of full-time, part-time, or volunteer status, as an owner, partner, subcontractor, independent contractor of the business.

      D.   “Enclosed area below lowest floor” means the floor of the lowest enclosed area in a building when all the following criteria are met:

         (1)   The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of Subsection 11-11-5(4)(A) of this title, and

         (2)   The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking, or storage, and

         (3)   Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the base flood elevation, and

         (4)   The enclosed area is not a “basement” as defined in this section.

      E.   “Equipment sales and display” means the use of land or building for the display, sale, or lease of new or preowned trucks with a gross vehicle weight of greater than 9,000 pounds, trailers, recreational vehicles, boats, construction equipment, or other similar equipment capable of traveling upon the roadway. The servicing or repair of vehicles may be conducted as an accessory use.

      F.   “Erect” means to build, construct, attach, hang, place, suspend, or affix, and includes the painting of wall signs.

      G.   “Events center” means a facility:

         (1)   With a capacity to seat 500 or more persons;

         (2)   Which does not have regular business hours; and

         (3)   Which is open exclusively for special events, such as sporting events, musical events, weddings, private parties, banquets, and similar activities.

      H.   “Existing construction” means any structure for which the “start of construction” commenced before the effective date of the first floodplain management regulations adopted by the community. For the purposes of this regulation, the effective date of the first floodplain management regulation is November 1, 1979.

      I.   “Existing factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community.

      J.   “Expansion of existing factory-built home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

   6.   Words beginning with “F.”

      A.   “Factory-built home” means any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this title, factory-built homes include mobile homes, manufactured homes, and modular homes and also include recreational vehicles placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

      B.   “Factory built home park” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for rent or sale.

      C.   “Family” means a person living alone or in a group living as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities up to a maximum occupant dwelling load as provided in Chapter 6 of this title. For the purposes of this definition, anyone who spends more than 90 nights within a 12-month period will be counted as an occupant. The definition of family does not include, and is not intended to provide an exclusion for, any of the following:

         (1)   More than eight people who are:

            a.   Residents of a “family home” as defined in Section 414.22 of the Code of Iowa; or

            b.   “Handicap” as defined in the Fair Housing Act, 42 USC Section 3602(h).

         (2)   Any group of individuals who are in a group living arrangement as a result of criminal offenses;

         (3)   Any group of individuals whose association is temporary, seasonal in nature, or limited to the duration of an educational school year cycle;

         (4)   Any society, club, fraternity, sorority, association, lodge, or like organization.

      D.   “Fence” means an enclosure or barrier constructed of wood or other material(s) used to delineate boundary, provide screening, or prevent access to or from the area enclosed.

      E.   “Fence, ornamental” means all fencing which is ornamental or embellished and includes, but is not limited to, the following types of fencing: post and rail or split rail, but not chain link.

      F.   “First class consumer fireworks” means the following consumer fireworks, as described in American Pyrotechnics Association Standard 87-1, Chapter 3:

         (1)   Aerial shell kits and reloadable spinners.

         (2)   Chasers.

         (3)   Helicopters and aerial spinners.

         (4)   Firecrackers.

         (5)   Mine and shell devices.

         (6)   Missile type rockets.

         (7)   Roman candles.

         (8)   Skyrockets and bottle rockets.

         (9)   Multiple tube devices with a similar nature as the above-described devices provided that they are manufactured in accordance with the American Pyrotechnics Association standard 87-1, Chapter 3, Section 3.5.

      G.   “500-year flood” means a flood, the magnitude of which has a 0.2 percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every 500 years.

      H.   “Flag” means any fabric, banner, or bunting containing distinctive colors, lettering, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

      I.   “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

      J.   “Flood Insurance Rate Map” (FIRM) means the official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

      K.   “Flood Insurance Study” (FIS) means a report published by FEMA for a community issued study along with the community’s Flood Insurance Rate Map(s). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.

      L.   “Floodplain” means any land area susceptible to being inundated by water as a result of a flood.

      M.   “Floodplain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including, but not limited to, emergency preparedness plans, flood control works, floodproofing, and floodplain management regulations.

      N.   “Floodproofing” means any combination of structural or nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.

      O.   “Floodway” means the channel of a watercourse and those portions of the floodplain adjoining the channel, which must be reserved in order to discharge flood flows and so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.

      P.   “Floodway fringe” means the portion of the special flood hazard area outside of the floodway.

      Q.   “Floor area” means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of common walls separating two attached buildings. For determining off-street parking and loading requirements for any specific use, the “floor area” is the total amount of “floor area,” as described above, which is devoted to such specific use, including accessory storage areas, such as counters, racks, or closets when located within selling or working areas.

      R.   “Foundation plantings” means landscaping material designed to hide structure foundations from view at eye level from the adjacent rights-of-way.

      S.   “Frontage” means the dimension of a front lot line as measured along the public street (see definition of lot lines).

   7.   Words beginning with “G.”

      A.   “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 are accessory uses.

      B.   “Garage, private” means an accessory building, or an accessory portion of the main building, designed or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

      C.   “Garage, public” means any building or premises, other than a private garage, used for equipping, refueling, servicing, repairing, hiring, selling, or storing motor driven vehicles.

      D.   “Garage sale reseller” means the act of selling or offering for sale of personal property on residential premises to the general public in excess of two events per year. Such sales include, but are not limited to, a porch sale, yard sale, moving sale, or auction.

      E.   “General farming” or “agriculture” means the use of land for crop production, including corn, soybeans, alfalfa, pumpkins, hay, but excluding swine, poultry, and bovine production and breeding.

      F.   “Grade” means the average elevation of the finished ground at the exterior walls of the main building.

      G.   “Greenhouse” means a building or accessory building constructed chiefly of glass or other translucent material, which is devoted to the protection or cultivation of flowers or other plants.

      H.   “Group home for the handicapped” means a dwelling shared by four or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long term, family-like environment in which the staff provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible.

   8.   Words beginning with “H.”

      A.   “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.

      B.   “Hazardous material” means any item or agent (biological, chemical, radiological, or physical), which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors.

      C.   “Healthcare facility” means a facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, diagnostic center, treatment center, rehabilitation center, extended care center or intermediate care facility.

      D.   “Hedge” means a landscape barrier that consists of a continuous, dense planting of shrubs.

      E.   “Height of building” See definition of building height.

      F.   “Height, total WES” means the height above grade of the wind energy system, including the tower, generating unit, and the highest vertical extension of any blades. Height shall be measured from the adjacent grade of the tower/building to the tip of the turbine (blade) at its highest point.

      G.   “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

      H.   “Historic structure” means any structure that is:

         (1)   Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register;

         (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

         (3)   Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

         (4)   Individually listed on a local Inventory of Historic Places in communities with historic preservation programs that have been certified by either: 1) an approved state program as determined by the Secretary of the Interior or 2) directly by the Secretary of the Interior in states without approved programs.

      I.   “Home, manufactured” means a factory-built structure built under authority of 42 USC Section 5403, is required by federal law to display a seal from the United States Department of Housing and Urban Development, and was constructed on or after June 15, 1976. If a manufactured home is placed in a mobile home park, the home must be titled and is subject to the Mobile Home Square Foot Tax. If a manufactured home is placed outside a mobile home park, the home must be titled and is assessed and taxed as real estate.

      J.   “Home, mobile” means a vehicle without automotive 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 automotive power not registered as a motor vehicle in the State. A mobile home is not built to a mandatory Building Code, contains no federal or State seals, and was built before June 15, 1976.

      K.   “Home, modular” means a factory-built structure which is manufactured to be used as a place of human habitation, is constructed to comply with the State Building Code for modular factory built structures, and must display the seal issued by the State Building Code Commissioner.

      L.   “Home occupation” means a business, profession, occupation, or trade conducted for gain or support within a residential building, accessory building, or accessory structure thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.

      M.   “Horizontal axis WES” means traditional wind turbine design, in which the rotating shaft is parallel to the ground, and the blades rotate through a vertical plane.

      N.   “Hospital” means an institution specializing in giving clinical, temporary, and emergency service of a medical or surgical nature to injured persons and patients, other than persons suffering from a lingering mental sickness, disease, disorder, or ailment.

      O.   “Hotel” means any building containing six or more guestrooms intended or designed to be used or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

   9.   Words beginning with “I.”

      A.   “Impervious surface” means any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces include graveled driveways and parking areas.

      B.   “Impervious surface, permanent” means a concrete or asphalt surface. Temporary or movable concrete blocks, two-foot by two-foot concrete pads, mats, pavers, or similar nonpermanent surfacing are not considered permanent impervious surfaces.

      C.   “Independent living residential facility” means a development providing individual dwelling units designed specifically for the needs of elderly persons who are able to function and live independently. In addition to housing, this type of facility may provide convenience services such as meals, housekeeping, and transportation.

      D.   “Ingress” means an entrance.

   10.   Words beginning with “J.”

      A.   “Junk” means all old or scrap copper, brass, lead, or any other nonferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood, dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel, or other old or scrap ferrous materials; old or discharged glass, concrete, tinware, plastic or old or discharged household goods or hardware, mattresses, beds or bedding, or any other kind of scrap or waste material which is stored, kept, handled, or displayed for barter, resale, reuse, salvage, stripping, or trade. Neatly stacked firewood located in a side yard or rear yard is not considered junk.

      B.   “Junkyard” means any area where junk is bought, sold, exchanged, baled, or packaged, disassembled or handled, including house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking or structural steel material and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building, and not including the processing of used, discarded, or salvaged materials necessary as a part of manufacturing operations.

   11.   Words beginning with “K.”

   12.   Words beginning with “L.”

      A.   “Landscaping” means any combination of living plants, such as grass, ground cover, shrubs, vines, hedges, or trees, and nonliving landscape material, such as rocks, pebbles, mulch, walls, fences, or decorative fountains.

      B.   “Large Wind Energy Conversion Systems” (LWECS) means a wind energy system consisting of at least one of the following: a wind turbine, tower, and associated controls or conversion electronics, and is intended for the production of electricity in excess of the needed on-site consumption of supplied utility power. Wind energy systems having a nameplate rated capacity of greater than 15 kilowatts for residential uses or 100 kilowatts for commercial or industrial uses shall be considered a large LWECS.

      Large LWECS are not permitted on any parcel in the City.

      C.   “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.

      D.   “Lodging house” means any building or portion thereof, containing not more than four guestrooms which are used by not more than four guests where rent is paid in money, goods, labor, or otherwise. A lodging house shall comply with all the requirements of this title for dwellings.

      E.   “Logo” means the graphical content of a sign surface in pictographic or symbolic form.

      F.   “Lot” means any 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 a dedicated or private street and may consist of:

         (1)   A single lot of record;

         (2)   A portion of a lot of record;

         (3)   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;

         (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 title.

      G.   “Lot lines” means all lots shall be in compliance with Code of Iowa with respect to the subdivision of land.

         (1)   Front. The line separating the front of the lot from the street. In the case of a corner and double frontage lots, all lots fronting on a public or private street are deemed front lot line.

         (2)   Rear. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a corner lot, the line opposite the shorter street frontage dimension shall be construed as the rear lot line. In case of an interior triangular or irregular shaped lot, it means a straight line 10 feet in length which:

            a.   Is parallel to the front lot line or its chord.

            b.   Intersects the two other lot lines at points most distant from the front lot line.

         (3)   Side. Any lot boundary line not a front lot line or a rear lot line.

      H.   “Lot measurements”

         (1)   Lot Area. The gross area, exclusive streets, or other public right-of-way, within the boundary lines of lots.

         (2)   Lot 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 is the horizontal distance between the midpoints at the front and rear lot lines.

         (3)   Lot 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. When 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.

      I.   “Lot of record” means a lot that is part of 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.

      J.   “Lot types.”

         (1)   Corner Lot. A lot located at the intersection of two or more streets, with the street right-of-way abutting the front and one or more side lines of the lot. See Figure 11-2-1.2 of this section.

         (2)   Double Frontage Lot. A lot other than a corner lot with frontage on more than one street or public thoroughfare which do not intersect one another. See Figure 11-2-1.2 of this section.

         (3)   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 lots. See Figure 11-2-1.2 of this section.

         (4)   Reversed Frontage Lot. A corner lot, the side street line of which is substantially a continuation of the front lot line of the first interior lot to its rear. See Figure 11-2-1.2 of this section.

      K.   “Lowest floor” means the floor of the lowest enclosed area in a building including a basement, except when the criteria listed in the definition of enclosed area below lowest floor are met.

      L.   “Livable space” means the habitable space within a dwelling unit that has finished walls, floors, and ceilings. Walls and ceilings shall be considered finished only if they are covered by wallboard or similar material; floors shall be considered finished only if they are covered by carpet, tile, linoleum, polished concrete, or similar material. For finished second floor or attic spaces, the livable space includes only the floor area with a ceiling height of 5 feet or greater. For finished basement spaces, the livable space includes only the floor area with a ceiling height of 7 feet or greater. Unfinished basements and attics, unheated porches and breezeways, garages, and maintenance shops shall be excluded from the livable space.

   13.   Words beginning with “M.”

      A.   “Massage” means any method of treating the external parts of the human body by rubbing, stroking, kneading, tapping, or vibrating with the hand or any instrument for any form of consideration or gratuity.

      B.   “Massage establishment” means any establishment having a fixed place of business where massage is administered for any form of consideration or gratuity, including, but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include:

         (1)   Persons licensed in the State under the provisions of Chapters 148, 148A, 148B, 150, 150A, 151, 152, 157, or 158 of the Code of Iowa, when performing massage, when performing massage therapy or massage services as part of the profession or trade for which licensed;

         (2)   Persons performing massage therapy or massage services under the direction of a person licensed as described in Subsection (1) of this definition;

         (3)   Persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician;

         (4)   Nurses aids, technicians, and attendants at any hospital or healthcare facility licensed pursuant to Chapter 135B, 135C, or 145A of the Code of Iowa, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in Subsection (1) of this definition;

         (5)   An athletic coach or trainer in any accredited public or private secondary school, junior college, college, or university, or employed by professional or semiprofessional athletic team or organization, in the course of their employment as such coach or trainer. This definition shall not be construed to include a volunteer Fire Department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities, and facilities for the welfare of the residents of the area.

      C.   “Maximum damage potential uses” means hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; electrical power installations; buildings or building complexes that provide emergency services to the general public; buildings or building complexes that house students and are used for education purposes; buildings or building complexes that provide long and short term care, convalescent care, or assisted living operations; or other buildings or building complexes similar in nature or use.

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

      E.   “Mental institution, hospital or home” means an institution specializing in giving clinical and psychiatric aid and treatment to and in conjunction with the housing of persons and patients suffering from temporary, lingering, or chronic mental ailment, disorder, or sickness.

      F.   “Mini-warehouse facilities” means a building or group of buildings, which are rented and designed, through individual compartments or controlled stalls, for self-storage purposes.

      G.   “Minor projects” means small development activities (except for filling, grading, and excavating) valued at less than $500.00.

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

      I.   “Motor vehicle” means a motorized conveyance for transporting people, goods, etc., especially over land.

      J.   “Mulch” means an organic or synthetic material placed on the soil to prevent erosion, control weeds, and enrich the soil.

      K.   “Multiple tenant building, horizontal” means a single-story building designed for the collocation of two or more tenants located side by side with each tenant separated by demising walls.

      L.   “Multiple tenant building, vertical” means a multiple story building designed for the collocation of two or more tenants located side by side or on separate floors of the building.

   14.   Words beginning with “N.”

      A.   “Neon, exposed” means any neon type lighting used as or in a sign, not encased in a solid colored light diffusing lens, so as to limit the visible appearance of the illuminated light source.

      B.   “New construction” means those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community.

      C.   “New factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management regulations adopted by the community.

      D.   “Nightclub” means any place of business located within any building or establishment, operated for the purpose of supplying entertainment or music, or both, and providing meals and refreshments prepared on the premises, having a seating capacity of not less than 40 people at tables; providing a dance floor containing not less than 308 square feet, and serving beer, wine, or liquor for consumption on the premises.

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

      F.   “Nonconforming structure” means a structure or portion thereof which does not conform to the provisions of this title relative to the height, structures, yards, or building coverage for the district in which it is located, by reason of the adoption of this title or subsequent amendments hereto.

      G.   “Nonconforming use” means any use not allowed in the zone in which it is located or use of land or a building that does not comply with the provisions of this title, by reason of the adoption of this title or subsequent amendments hereto.

      H.   “Nonprofit institution” means a nonprofit establishment maintained and operated by a society, corporation, individual, foundation, or public agency for the purpose of providing charitable, social, educational, or similar services to the public, groups, or individuals. Cooperative nonprofit associations, performing a service normally associated with retail sales or trade such as cooperative groceries, granaries, equipment sales, etc., are not considered nonprofit institutions under this title.

      I.   “Nuisance” means a situation which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of the property so as to interfere essentially with the comfortable enjoyment of life and property.

      J.   “Nursing home” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, memory disabled, or physically disabled persons, not including insane, inebriate, or contagious persons.

   15.   Words beginning with “O.”

      A.   “Obscene” means matter which is offensively or repulsively indecent.

      B.   “Occupant” means a person recorded as such on official records and including duly authorized agent or notary, a purchaser, devisee, judiciary; any person having a vested or contingent interest in the property in question.

      C.   “Off grid” means an electrical system that is not connected to a utility distribution facility or to any building or structure that is connected to a utility distribution facility.

      D.   “100-year flood” means a flood, the magnitude of which has a one percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every 100 years.

      E.   “Open space” means a developed area that is intended to provide light and designed for resource protection, scenic, or amenity purposes. Open space may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, wooded areas, and watercourses. Open space shall not be deemed to include buildings, driveways, parking lots, or other hard surfaces designed or intended for vehicular travel.

      F.   “Open space, common” means open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use and enjoyment of the residents of the development.

      G.   “Outdoor eating establishment” means picnic tables, benches, counters, and similar facilities, or area, provided in conjunction with a restaurant for the serving or consumption of food out of doors, and not contained within a building.

      H.   “Outdoor sound system” means any sound equipment, stereo equipment, or amplification equipment that is permanently or temporarily placed outdoors, or which directs sound outdoors.

      I.   “Overlay district” means a district which overlays and acts in conjunction with the underlying zoning district or districts.

   16.   Words beginning with “P.”

      A.   “Parapet” or “parapet wall” means that portion of a building wall that rises above the roof level.

      B.   “Parking space, automobile” means a permanent hard surfaced area, other than a street, reserved for the parking of automobiles, plus such additional area as is necessary to afford adequate ingress and egress.

      C.   “Patio” means a level surface constructed at grade directly adjacent to the principal building.

      D.   “Pawnbroker” means every person who makes loans or advancements upon pawn, pledge, or deposit of personal property or who receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or who by advertisement, sign or otherwise, holds himself out as a pawnbroker.

      E.   “Pennant” or “streamer” means a long, narrow ribbonlike flag or tapering flag used individually or attached to a rope or structure of any length in a series.

      F.   “Plat” means a map recorded in final form, which represents a tract of land showing the boundaries and location of individual properties and streets.

      G.   “Porch” means an unenclosed or enclosed roofed projection from a building. A porch shall be considered as part of the principal building for all yard requirements.

      H.   “Premises” means any lot, plot, parcel, or tract of land, building or buildings, structure or structures, used publicly or privately as a place of business, dwelling, or meeting place.

      I.   “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.

      J.   “Principal use” means the main use of land or structures, as distinguished from a secondary or accessory use.

      K.   “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.

   17.   Words beginning with “Q.”

      A.   “Queue space” means a temporary waiting area for motor vehicles obtaining a service or other activity.

   18.   Words beginning with “R.”

      A.   “Raceway” means an enclosed channel designed expressly for holding wires, cables, or bus bars. In no case shall a raceway width be greater than the attached letters. A raceway width greater than the attached letters shall be considered a panel sign for the purposes of this title.

      B.   “Recreational vehicle” means a vehicle which is:

         (1)   Built on a single chassis;

         (2)   Four hundred square feet or less when measured at the largest horizontal projection;

         (3)   Designed to be self-propelled or permanently towable by a light duty truck; and

         (4)   Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

      C.   “Residential” or “residence” means any lot, plot, parcel, tract, area, or piece of land or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein.

      D.   “Restaurant, fast food” means an establishment, located within a multi- tenant building, whose principal business is the sale of food and beverages to the public, provided the food and beverages are generally served “ready to consume” or “carry out” in a cafeteria style, such as cafes, coffee shops, and delicatessens.

      E.   “Restaurant, fast food, drive-through” means any establishment whose principal business is the sale of food, frozen desserts, or beverages in ready to consume individual servings, for consumption either within the restaurant building or for carryout. The establishment may also include a drive-up or drive-through services facility or offer curb service.

      F.   “Restaurant, full service, sit down” means an establishment whose principal business is the sale of food and beverages, where customers are generally served on demand from a menu during stated business hours, served by an employee of the business, served on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables.

      G.   “Retail” means a business that provides goods or services directly to the consumer where goods are available for immediate purchase and removal from the premises by the purchaser and includes, but is not limited to, apparel and clothing stores, bookstores, department stores, drugstores, etc.

      H.   “Right-of-way” or “row” means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer, or public uses.

      I.   “Roofline” means the point at which the roof meets the building walls.

      J.   “Room, utility” means a room used in a dwelling that primarily houses the furnace, water heater, heat pump, boiler, etc.

      K.   “Routine maintenance of existing buildings and facilities” means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

         (1)   Normal maintenance of structures such as re-roofing, replacing roofing tiles, and replacing siding;

         (2)   Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work;

         (3)   Basement sealing;

         (4)   Repairing or replacing damaged or broken window panes;

         (5)   Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

   19.   Words beginning with “S.”

      A.   “Second class consumer fireworks” means the following consumer fireworks, as described in American Pyrotechnics Association Standard 87-1, Chapter 3:

         (1)   Cone fountains.

         (2)   Cylindrical fountains.

         (3)   Flitter sparklers.

         (4)   Ground and handheld sparking devices, including multiple tube ground and handheld devices provided that they are manufactured in accordance with American Pyrotechnics Association Standard 87-1, Chapter 3, Section 3.5.

         (5)   Ground spinners.

         (6)   Illuminating torches.

         (7)   Toy smoke devices that are not classified as novelties pursuant to American Pyrotechnic Association Standard 87-1, Chapter 3, Section 3.2.

         (8)   Wheels.

         (9)   Wire or dipped sparklers that are not classified as novelties pursuant to American Pyrotechnic Association Standard 87-1, Chapter 3, Section 3.2.

For the purposes of this title, a retail operation in which less than 50 percent of the retail floor space is devoted to the sale or display of second class consumer fireworks shall not be considered a consumer fireworks sales use.

      B.   “Setback” means the minimum horizontal distance between the front, rear, or side lines of the lot and the front, rear, or side lines of the building or structure, respectively.

      C.   “Shadow flicker” means alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on stationary objects such as the ground or facade of an adjacent structure.

      D.   “Shrub” means a self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than eight feet in height.

      E.   “Sign” means every sign or advertisement as defined herein, including any announcement, declaration, demonstration, display, illustration, or insignia used to advertise, promote, or draw attention to the interests of any person or firm when the same is placed out of doors in view of the general public.

      F.   “Sign, a-frame” means a temporary sign, constructed of wood, cardboard, plastic, or other lightweight and rigid material having the capability to stand on its own supports and being portable.

      G.   “Sign area” means the area of a sign as determined by the Community Development Director in accordance withSection 11-12-7 of this title.

      H.   “Sign, awning” means a non-illuminated sign that is either attached to, affixed to, or painted on an awning or canopy.

      I.   “Sign, bag” means a temporary cover made of a cloth or canvas material, used to alter the message of an obsolete sign until such time as it is replaced with a new sign.

      J.   “Sign, banner” means a temporary sign composed of lightweight material either enclosed in a rigid frame or not enclosed, secured, or mounted to a structure or post on two or more edges. A national, State, or municipal flag, or the official flag of any institution or business is not considered a banner.

      K.   “Sign, billboard” means an off-premises sign, displayed out of doors or visible from a public way.

      L.   “Sign, building mounted” means any sign attached to or erected against the wall or painted on the surface of the wall of a building, with the exposed face of the sign in a plane parallel with a plane of said wall. This definition includes fascia signs.

      M.   “Sign, capsule” means a sign fabricated from metal, aluminum, or some other material with a face constructed out of a panel product. For the purpose of this chapter, capsule signs may not exceed 25 percent of the total sign area as defined by Subsection 11-12-2(19)(G) of this title.

      N.   “Sign, commercial abandoned” means any sign face remaining in place for a period of 30 days or more which no longer advertises an activity, business, product, or service available on the premises on which the sign is located.

      O.   “Sign, detached rigid” means a temporary sign, typically constructed out of a stiff or non-flexible material and mounted to poles/posts or a similar style support structure.

      P.   “Sign, directional” means a sign, other than warning and regulatory signs, which is located on private property for the purposes of controlling all modes of traffic.

      Q.   “Sign, electronic changeable copy” means the graphical content, in letter or alphabetical form, of a sign, which can be changed or altered automatically through electrical or electronic means.

      R.   “Sign face” or “surface” means the copy area, background area, and the peripheral encasement, structural elements, or trim, which forms the outer perimeter of the sign.

      S.   “Sign, ground-mounted” means a ground sign that does not have any exposed pole or pylon, and is attached to a single columnar base. Ground-mounted signs shall be constructed with materials chosen for their consistency with the principal building, as well as their durability and strength, in addition to the aesthetic values.

      T.   “Sign height” means the vertical distance from the average finished road grade at the sign location to the highest point of the sign.

      U.   “Sign, interstate ground-mounted” means a sign on a property abutting an interstate right-of-way that is oriented to the interstate, or is located within 300 feet of the interstate right-of-way as shown on Section 11-12-8 Figure 11-12-8A of this title.

      V.   “Sign, manual changeable copy” means the graphical content, in letter or alphabetical form, of a sign, which can be changed or altered by manual placement of letters or symbols.

      W.   “Sign, non-commercial” means a temporary or permanent sign which contains no message, statement, or expression related to commercial interests.

      X.   “Sign, nonconforming” means a sign that does not conform to the regulations provided herein.

      Y.   “Sign, number of” means for the purpose of determining the number of signs, a sign is considered to be a single display surface or displaying device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element is considered a single sign.

      Z.   “Sign, obsolete” means a sign that no longer advertises or identifies a legitimate business conducted on the property.

      AA.   “Sign, off-site” means any sign advertising any interest of any person or firm, products, accommodations, services, or activities not provided on the premises in which the sign is placed.

      BB.   “Sign, panel” means a sign consisting of a frame which may be covered by a translucent material, which may be internally illuminated. The placement of individual letters, at least one inch thick on a metal, stone, or Dryvit surface, is not considered a panel sign.

      CC.   “Sign, person” means any form of signage that may be accomplished through gestures, signals, costumes, or carrying of “signs, temporary” (as defined in this section) by persons affiliated with a business to advertise, promote, or draw attention to such business.

      DD.   “Sign, pole” means a sign which is erected upon one or more posts or pylons directly in or upon the ground and not attached to, or braced by, any other structure.

      EE.   “Sign, political” means a temporary sign erected for the purpose of soliciting votes or support for or in opposition to any candidate or any political party under whose designation any candidate is seeking nomination or election or any public question on the ballot in an election held under the laws of the State.

      FF.   “Sign, portable” means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, the following: signs designed to be transported by the means of wheels, trailers, or chassis, whether or not the wheels are presently attached; signs constructed as or converted to A- or T-frames; menu and sandwich board signs; balloons or other hot air or gas filled figures; and signs attached to or painted on vehicles parked and visible from the public right-of-way and not being used in the normal day to day operations of the business excluding storage.

      GG.   “Sign, roof” means a sign erected on or above the roof of a building.

      HH.   “Sign, service” means a sign identifying parking and handicapped parking, restrooms, public telephone facilities, first aid stations, fallout shelters and other similar public service facilities.

      II.   “Sign, subdivision” means a sign identifying the name of a residential complex or neighborhood development included on a landscape feature including planter beds, fountains, decorative walls, or fences.

      JJ.   “Sign, temporary” means any commercial or residential sign (as defined in this section), not permanently attached to a building, post, or ground, including, but not limited to, banners, sandwich boards, sign persons, balloons, streamers, and air-filled figures, not to be continued after the expiration of the allowed time period.

      KK.   “Sign, traffic control” means a public or private sign, permanently installed to inform, guide, and control vehicles, pedestrians, and bicyclists.

      LL.   “Sign, vehicle” means any sign, logo, or advertisement placed, painted, attached, or displayed on a vehicle advertising a company, store, or service.

      MM.   “Sign, yard” means a small temporary sign, typically constructed out of corrugated plastic, or similar light weight material.

      NN.   “Site” See definition of lot.

      OO.   “Site plan” means a plan prepared to scale showing, accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

      PP.   “Small Wind Energy Conversion Systems” (SWECS) means a wind energy system consisting of at least one of the following: a wind turbine, tower, and associated controls or conversion electronics, and is intended to solely reduce on site consumption of supplied utility power, is incidental and subordinate to a permitted use on the same parcel. Small wind energy systems shall not have a nameplate rated capacity of greater than 15 kilowatts for residential uses or 100 kilowatts for commercial or industrial uses.

      QQ.   “Special Flood Hazard Area” (SFHA) means the land within a community subject to the base flood. This land is identified on the community’s Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR, or A99.

      RR.   “Special use permit” means a permit issued by the Board of Adjustment that authorizes the recipient to make use of the property in accordance with the requirements of this title as well as any additional requirements imposed by the Board of Adjustment, the Planning and Zoning Commission, or the Council. A special use permit may be issued only for those uses listed under the “special uses” of this title.

      SS.   “Specified anatomical areas” means less than completely and opaquely covered human genitals, mature human buttocks, mature human female breasts below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if completely and opaquely covered.

      TT.   “Specified sexual activities” means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, or sodomy, fondling, or other touching of human genitals, pubic region, buttock, or female breast, minors engaged in a prohibited sexual act or simulation of a prohibited sexual act.

      UU.   “Stables”

         (1)   Private Stable. A building or structure used, or intended to be used, for housing horses belonging to the owner of the property and for noncommercial purposes.

         (2)   Public Stable or Riding Academy. A building or structure used, or intended to be used, for the housing of horses on a fee basis. Riding instructions may be given in connection with a public stable or riding stable.

         (3)   Riding Club. A building or structure used, or intended to be used, for the housing only of horses by a group of persons for noncommercial purposes.

      VV.   “Start of construction” means substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

      WW.   “Story” means a portion of the building 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 portion of a building included between the upper surface of the topmost floor and the ceiling above, not including unfinished attics. If the finished floor level directly above a basement or cellar is more than six feet above, such basement or cellar is considered a story.

      XX.   “Street” means any thoroughfare or public space that has been dedicated or deeded to the public for public use, primarily to provide principal means of access to abutting property.

      YY.   “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, roof joist, or roof trusses, beyond ordinary repairs and maintenance.

      ZZ.   “Structure” means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, grain storage facilities, or other similar uses.

      AAA.   “Structure, accessory” means any structure that is not considered a building, including, but not limited to: decks, fences, landscaping, signs, pools, walls, temporary/permanent domesticated animal runs.

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

      CCC.   “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.

      DDD.   “Substantial improvement” means any improvement to a structure which satisfies either of the following criteria:

         (1)   Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1) before the improvement or repair is started; or 2) if the structure 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 structure. The term does not, however, include either: 1) any project for improvement of a structure to comply with existing State or local Health, Sanitary, or Safety Code specifications which are solely necessary to assure safe living conditions; or 2) any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

         (2)   Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

      EEE.   “Schools, elementary and secondary” means an educational institution consistent with NAICS Code 6111 Elementary and Secondary Schools and having an established curriculum the same as ordinary given in the local public school system. Student housing or dormitories are not included in this definition.

      FFF.   “Schools, post-secondary” means an educational institution consistent with NAICS Codes 6112 Junior Colleges, 6113 Colleges, Universities, and Professional Schools, and 6114 Business Schools and Computer and Management Training. Student housing or dormitories, student recreational centers, athletic facilities, and similar supporting uses commonly associated with post-secondary schools are not included in this definition.

      GGG.   “Schools, technical and trade” means an educational institution consistent with NAICS Code 6115 Technical and Trade Schools. For zoning purposes, technical and trade schools shall be interpreted to be the same use category as the job specific training it provides.

   20.   Words beginning with “T.”

      A.   “Telecommunications” means the transmission, between or among points as specified by the user, of information of the user’s choosing, without change in form or content of the information as sent and received.

      B.   “Telecommunications antenna” means any system of wires, poles, rods, reflecting disks, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure.

      C.   “Telecommunications satellite dish antenna” means any antenna in the shape of a shallow dish, and the appurtenant equipment, used for the reception of communications (television or otherwise) from orbiting satellites of ground transmitters. This definition includes those satellite dishes less than one meter in diameter.

      D.   “Telecommunications tower” means a tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purposes aboveground in a fixed location, freestanding, guyed, or on a building or other structure.

      E.   “Tenant frontage” means, in the case of determining permitted sign area, the dimension between the tenant separation walls along the side of the building containing the main business entry.

      F.   “Thrift shop” means an enclosed facility in which used personal items such as clothes, jewelry, or furniture are donated to a nonprofit business or organization that engages in the resale of the items. A retail store that sells used merchandise not donated for sale, including, but not limited to, used record stores, used bookstores, used furniture stores, used sporting goods, and used sports trading card stores, shall not be considered a thrift store for the purpose of this title.

      G.   “Topsoil” means a medium composed of naturally occurring mineral particles and organic matter, which provides physical, chemical, and biological properties necessary for plant growth.

      H.   “Tower-mounted WES” means a wind turbine that is mounted to a freestanding tower.

      I.   “Trailer” means any structure used for sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, sawhorses, or skirting, or being attached to a permanent foundation, and which is, has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by automotive power or other means.

      J.   “Tree, evergreen” means any living, self-supporting woody perennial plant which, at maturity, attains a trunk diameter of at least three inches or more when measured at a point two feet above ground level and which normally displays green leaves or needles throughout the year.

      K.   “Tree, overstory” means any living, self-supporting woody perennial plant which, at maturity, attains a trunk diameter of at least three inches or more when measured at a point two feet above ground level and which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many branches.

      L.   “Tree, understory” means any living, self-supporting woody perennial plant, which, at maturity, normally attains an overall height of 10 feet. Trees with multiple trunk growth characteristics shall have no more than five main trunks. These trees will provide the midlevel landscaping within the specified height range.

      M.   “Townhouse development” means a subdivision for attached or detached townhouse units wherein the land or lot beneath each dwelling unit may be individually owned by the owner of the dwelling unit and where the development is characterized by common elements, which are specified in or determined under the rules and regulations set forth by recorded covenants.

   21.   Words beginning with “U.”

      A.   “Use” means the purpose or activity, for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

   22.   Words beginning with “V.”

      A.   “Variance” means a modification of the specific regulations of this title granted by resolution of the Board of Adjustment in accordance with the terms of this title 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.

      B.   “Vehicle” means a conveyance for transporting people, goods, etc., especially over land.

      C.   “Vertical axis WES” means a wind turbine design where the rotating shaft is perpendicular to the ground and the blades rotate through a vertical plane.

      D.   “Video message board” means a sign that displays an electronic video, or collection of images and text on a screen or screen(s).

      E.   “Violation” means the failure of a structure or other development to be fully compliant with the regulations contained within the chapters of this title.

      F.   “Vision clearance” means an open, unoccupied triangular space at the street corner or a corner lot, the space being defined as a setback line extending across the corner between points established 25 feet along the right-of-way lines by measurement from the corner.

   23.   Words beginning with “W.”

      A.   “Wind Energy System” (WES) means an electrical generating facility comprised of an aggregation of parts such as a wind turbine, tower, transformer, power lines, or battery banks, used in a manner to convert wind into mechanical or electrical energy.

      B.   “Wind turbine” means any piece of electrical generating equipment that converts the mechanical energy of wind into electrical energy.

   24.   Words beginning with “X.”

   25.   Words beginning with “Y.”

      A.   “Yard, corner interior” means, on a corner lot, a yard extending from the front yard to the rear yard and measured between the side lot line (adjacent lot) and the building or any projections thereof.

      B.   “Yard, front” means a yard extending across the full width of the lot and measured between the front lot line and the building. See Figure 11-2-1.3 of this section.

      C.   “Yard, rear” means a yard extending across the full width of the lot and measured perpendicularly between the rear lot line or its extension and the building or any projections other than steps, unenclosed balconies, porches, or decks. On both corner lots and interior lots, the rear yard is at the opposite end of the lot from the front yard. See figure 11-2-1.3 of this section.

      D.   “Yard, required” means any yard as required by the setback regulations of this title.

      E.   “Yard, secondary front” means, on a corner lot, the yard having frontage on a public street not having the main entrance to the principal building. See Figure 11-2-1.3 of this section.

      F.   “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building or any projections thereof. See Figure 11-2-1.3 of this definition.

   26.   Words beginning with “Z.”

      A.   “Zone” means any one of the classes of districts established by this title.