[Amendments noted where applicable.]
The following are definitions of general terms used throughout this ordinance with the exception of use definitions, which are defined in Chapter 17.08.
ABUTTo share a common wall or lot line without being separated by a street or alley.
ACCESSIBILITY RAMPA ramp or similar structure that provides wheelchair or similar access to a structure.
ACCESSORY STORAGE BUILDINGA detached accessory structure incidental to a principal residential use for keeping personal items. For the purposes of this definition, an accessory storage building is distinguished from garages in that the largest doors and/or openings are six feet or less in width and the structure is not intended for either vehicle storage or commercial use.
[Added 6-10-2020 by Ord. No. 2020-233]
ACCESSORY STRUCTUREA detached structure located on the same lot as the principal building that is incidental to the use of the principal building.
ACCESSORY USEA use of land or a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure.
ADDITIONConstruction that increases the size of a structure in terms of building footprint, height, or floor area.
ADJACENTClose to or near something.
[Added 9-11-2019 by Ord. No. 2019-363]
ALLEYA public right-of-way that normally affords a secondary means of access to abutting property.
AMATEUR (HAM) RADIO EQUIPMENTAn amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment.
ANCILLARYIn regard to principal uses, a structure or use that provides support and is typically integral to a principal structure or use.
AQUACULTURE/AQUAPONICSA structure designed for the farming of aquatic organisms such as fish, crustaceans, mollusks, and aquatic plants under controlled conditions
ARCHITECTURAL FEATUREA part or projection that contributes to the aesthetics of a structure, exclusive of signs, that is not necessary for the structural integrity of the structure or to make the structure habitable.
ATTENTION GETTING DEVICESigns, devices, or ornamentations designed for the purpose of attracting attention or promotion, except as otherwise expressly permitted in this ordinance. Attention getting devices include banners, sails/feather signs, temporary on-premise pole signs, and the like. Federal, state, or local flags, or flags of fraternal, religious, and civic organizations, banners, and temporary holiday decorations are not considered attention getting devices.
AWNINGA roof like structure typically made of cloth, metal, or other material attached to a frame that extends from and is supported by a building. Awnings are typically erected over a window, doorway, or building front and they may be raised or retracted to a position adjacent to the building.
BALCONYA roofed or unroofed platform that projects from the exterior wall of a structure above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.
BANNERA temporary sign printed upon flexible material mounted with or without rigid frames on a building or the ground.
BAY WINDOWA window that projects outward from the structure, which does not rest on the building foundation or on the ground.
BERMAn earthen mound designed to provide visual interest on a site, fully or partially screen undesirable views, reduce noise, or fulfill other similar purposes.
BLUE ROOFA roof designed to store water and discharge rainfall.
BOOK EXCHANGE BOXAn outdoor accessory structure maintained by a property owner on private property where books and recorded performing arts and media are kept for public and/or exchanges with no fees or sales and are publicly accessible.
BUFFER YARDLand area with landscape plantings and other components used to separate one use from another and to shield or block noise, lights, or other nuisances.
BUILDABLE AREAThe portion of a lot, excluding required setbacks, where a structure or building improvements may be erected.
BUILDINGAny structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ENVELOPEThe three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk, by other regulations, and/or by any combination thereof.
BUILDING LINEA line measured at the building wall of a structure between parallel lot lines. For the purposes of establishing a building line, the building wall does not include permitted encroachments of architectural features, such as bay windows, eaves, and steps and stoops.
CANOPYA canopy is a roof-like cover designed for protection from the weather or as a decorative embellishment affixed to a building or freestanding, with supports that extend to the ground.
CARPORTAn open-sided roofed vehicle shelter, usually formed by extension of the roof from the side of a building, but may be freestanding.
CHANGEABLE MESSAGE BOARDA sign designed where a portion of the sign area allows for a message to be changed manually. A changeable message board sign does not include electronic message signs or portable reader-board sign.
CHIMNEYA vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous fuel.
CO-LOCATIONPlacement of equipment from more than one service or service provider on a single tower or site.
CONTOUR LINEContour lines denote elevation or altitude and depth on maps.
CROSS-ACCESSA vehicular and/or pedestrian connection between abutting properties that connects the two sites and allows vehicles and/or pedestrians to travel between sites without the having to exit to the street.
DECKA roofless outdoor space built as an above ground platform projecting from the wall of a structure and connected by structural supports at grade or by the structure.
DRIVEWAYA pathway for motor vehicles from a street to a lot used only for service purposes or for access to the lot.
DWELLINGA structure, or portion thereof, designed or used exclusively for human habitation. Each dwelling type must contain a front facade of at least 24 feet of width at its largest dimension and be located on a permanent foundation. Every room within a dwelling unit must be accessible from every other room within the dwelling via a completely internal route within the envelope of the dwelling structure.
[Amended 6-10-2020 by Ord. No. 2020-233]
DWELLING UNITA structure or portion of a structure providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENTLand designed by lawful agreement between the owner(s) of the land and an entity(s) for a specified use only by such entity(s).
EAVEThe projecting lower edges of a roof overhanging the wall of a structure.
ELECTRONIC MESSAGE SIGNA sign designed where a portion of the sign area uses changing light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the electronic display panel(s) to form a message or messages in text and/or image from where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Time/temperature signs are not considered electronic message signs. Flashing signs, animated signs, and video display signs are not considered electronic message signs.
ENCROACHMENTThe extension or placement of any structure, or a component of such, into a required setback or right-of-way.
EQUINEA member of the equus genus of mammals in the family Equidae, including horses and ponies. For the purposes of this ordinance, zebras, while a member of the equus genus, are not permitted.
ERECTTo build, construct, attach, hang, place, suspend, or affix.
EXTERIOR LIGHTINGThe illumination of an outside area or object by any man-made device that produces light by any means.
EXTERIOR STAIRWELLOne or more flights of stairs, and the necessary landings and platforms connecting them, to form a continuous passage from the entryway of a floor or level to another in a structure located on the exterior of a principal building.
FACADEThe vertical face of a building, including any insets and protrusions, which contribute the aesthetic and/or structure design of the building.
[Added 9-11-2019 by Ord. No. 2019-363]
FEATHER FLAG/SAILA freestanding attention-getting device, vertical in orientation, typically constructed of cloth held taut by a single post.
FENCEA structure used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed of wood, plastic, metal, wire mesh, masonry, or other similar material and is used as a barrier.
1. FENCEOPEN — A fence that has, over its entirety, more than 70% of the superficial surface consisting of regularly distributed openings.
2. FENCESOLID — A fence that has, over its entirety, no distributed openings. A shadowbox design fence is considered a solid fence. A chain link fence with slats is not considered a solid fence.
FLAGFlags of any nation, state, municipality, or political subdivision, flags officially designated as a national, state, or local symbol, or flags of fraternal, religious, and civic organizations. Pennants and sails are not considered flags.
FLOODLIGHTA powerful light, typically in a grouping of several lights, used to illuminate the exterior of a building or sign.
FOOT-CANDLEA unit of measure of illuminance equal to one lumen of light spread over an area of one square foot.
GARAGEA structure, either attached or detached, designed and/or used for the parking and storage of vehicles as an accessory structure to a residence. For the purposes of this definition, garage does not include an accessory structure with an access point of six feet or less in width or commercial parking structure.
GAZEBOA freestanding outdoor structure designed for recreational use and not for habitation.
GLARELight emitting from a luminaire with an intensity great enough to reduce a viewers' ability to see, cause discomfort, and, in extreme cases, cause momentary blindness.
GREEN ROOFA building roof partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.
GREENHOUSE (ACCESSORY)A structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants.
HEDGEA row of closely planted shrubs, bushes, or any kind of plant forming a boundary.
HOME OCCUPATIONAny commercial activity carried out for economic gain by a resident, conducted as an accessory use in the resident's dwelling unit.
INFRASTRUCTUREFacilities and services needed to sustain residential, commercial, industrial, institutional, and other activities, including, but not limited to, water lines, sewer lines, and rights-of-way.
INTENSITY OF USESquare feet of gross floor area, number of dwelling units, number of employees, or other factor used as a basis for requiring off-street parking or loading facilities.
LIGHT POLE BANNERBanners mounted on and with arms installed perpendicular to light poles.
LOADING BERTHA space within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscape, and structures for the temporary parking of a commercial delivery vehicle while loading or unloading goods or materials.
MARQUEEA permanent roof-like structure constructed of permanent building materials that extends from the wall of a structure with no supports extending to the ground providing protection from the elements.
MENU BOARDA sign constructed as part of drive-through facilities.
MULTI-TENANT COMMERCIAL CENTERA group of two or more commercial establishments that is planned, owned, and/or managed as a single property. The two main configurations of multi-tenant commercial centers are large shopping centers/malls and strip centers.
[Ord. No. 2019-195 § 1]
MULTI-TENANT RETAIL CENTERA group of two or more commercial establishments that is planned, owned, and/or managed as a single property. The two main configurations of multi-tenant retail centers are large shopping centers/malls and strip centers.
NITSA luminance unit equal to one candle per square meter measured perpendicular to the rays from the source.
NONCOMMERCIAL MESSAGE.The expression of noncommercial ideas and messages. A noncommercial message does not promote a business, product, service, commercial entertainment, or other commercial activity offered on or off the premises.
OFF-PREMISE COMMERCIAL SIGN - TEMPORARYA temporary sign directing attention to a specific business, product, service, entertainment event, activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located. This includes any ground-mounted, building-mounted, or sign painted, pasted, or otherwise affixed to any tree, rock, fence, utility pole, hydrant, bridge, sidewalk, parkway, curb or street, bench, or trash receptacle that directs attention off-premises.
OFF-STREET PARKINGThe storage space for an automobile on premises other than streets or rights-of-way.
OPEN SPACEThat portion of land, either landscaped or left unimproved, which is used to meet active or passive recreation or spatial needs, and/or to protect water, air, or plant resources.
OUTLOTAn area of land set aside within a retail center for a separate principal building that shares a circulation system and may share common parking with the larger retail center development but is separated from the principal building or buildings, typically located along the property line.
OVERLAY DISTRICTA district established in the ordinance that is superimposed on one or more zoning districts or parts of zoning districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts.
OWNERAny person, including the owner of the title or a mortgage whose interest is shown of record in the mortgage and conveyance records; a person shown as owner in the records of the tax assessor of the county in which the property is situated; or the agent of any such person and those in possession of a dwelling, dwelling unit, or premises.
PARAPETThe extension of a false front or wall above a roof-line.
PARTY WALLA wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another, but is in joint use by each building.
PATIOA hard surface designed and intended for recreational use by people and not used as a parking space.
PERGOLAAn open structure, which may be either freestanding or attached to a structure, that forms a partially shaded pedestrian walkway, passageway, or sitting area, and is constructed of a semi-open roof and vertical posts that support cross-beams and a sturdy open lattice. It may also be used as an extension of a building entryway.
PERVIOUS PAVINGA range of sustainable materials and techniques for permeable paving with a base and sub-base that allow the movement of stormwater through the surface. Gravel and loose rock are not considered pervious paving.
PORCHAn architectural feature that projects from the exterior wall of a structure, often with steps leading up to it, has direct access to the street level of the building, and is covered by a roof or eaves.
[Ord. No. 2019-195 § 1]
PORCH - ENCLOSEDA porch enclosed by walls, screens, lattice or other material. A screened-in porch is an enclosed porch.
PORCH - UNENCLOSEDA porch that is open on all sides that do not abut a principal building wall.
PORTABLE READER-BOARDA sign whose principal supporting structure is intended, by design and construction, to rest upon the ground for support and may be easily moved or relocated for reuse. Portable reader-board signs include, but are not limited to, signs mounted upon a trailer, wheeled carrier, or other non-motorized mobile structure, with wheels or with wheels removed. Portable reader-board signs do not include a-frame signs.
PORTE COCHEREA permanent structure built over a driveway or entry drive that provides temporary shelter to persons exiting a vehicle, but not serving as the only covered or enclosed vehicle shelter on-site.
PRINCIPAL BUILDINGA non-accessory structure in which a principal use of the lot on which it is located is conducted.
PRINCIPAL USEThe main use of land or structures as distinguished from an accessory use.
PROPERTY LINEFor the purposes of this ordinance, a property line is a lot line. (See lot line definition.)
RECREATIONAL VEHICLEAny vehicle or boat designed for temporary living quarters, recreation, or temporary human habitation and not used as a commercial vehicle including, but not limited to, the following: boat/watercraft, camper trailer, motorized trailer, off-road vehicle, racing car or cycle, travel trailer, and truck camper.
RIGHT-OF-WAYA strip of land dedicated for use as a public way. In addition to the roadway, it typically incorporates the curbs, parkways, sidewalks, and shoulders.
ROOFLINEThe top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
SATELLITE DISH ANTENNAA dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.
SEARCHLIGHTAn attention-getting device where an artificial light of high intensity is shined upward in a focused beam and can turn in any direction to attract attention to a location. Also known as sky-beams or sky spotlights.
SHEDAn accessory structure, often purchased pre-built or as a kit in pre-fabricated sections, that is not designed to be served by heat or plumbing and does not need to be placed on a permanent foundation. A shed is typically intended to store lawn, garden, or recreational equipment.
SIGNA lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform that is visible from a public right of way.
SIGN, A-FRAMEA temporary sign ordinarily in the shape of the letter "A" or some variation thereof, which is displayed on the ground, not permanently attached to the ground, and usually two-sided, generally connected at the top and separated at the bottom.
SIGN, ANIMATEDA sign that uses moving or changing lights to depict action, movement, or the optical illusion of movement of part of the sign structure, sign, or pictorial segment, or including the movement of any illumination or the flashing or varying of light intensity to create a special effect or scene. Animated signs do not include electronic message signs.
SIGN, AWNINGAn awning is a roof-like cover designed for protection from the weather or as a decorative embellishment, which projects from a wall or roof of a structure over a window, walkway, or door, with no supports that extend to the ground. An awning sign is a sign printed or displayed upon an awning.
SIGN, BALLOONA sign or advertising device designed to be airborne or inflated and tethered to the ground or other structure. This includes any air-inflated signs and any signs that inflate and move via air inflation.
SIGN, CANOPYA canopy sign is a sign printed, mounted, or installed upon a canopy. A sign canopy may be one of two types:
1. CANOPYNON-STRUCTURAL — A roofed structure attached to a building, which is not integral to the structure, that is made of durable, weather-resistant material such as canvas, canvas-like material, nylon, or vinyl-coated fabric, placed to extend outward from the building and supported both by mountings on the structure wall and by supports that extend to the ground.
2. CANOPYSTRUCTURAL — A roofed structure constructed of permanent building materials, such as metal, brick, stone, wood or similar building materials, that is constructed as part of and attached to a building, and extends outward from the building and supported both by the structure and by supports that extend to the ground. Certain structural canopies may also be constructed freestanding accessory structures on the same lot with the principal use and/or structure.
CANOPY SIGN: NON-STRUCTURAL |
CANOPY SIGN: STRUCTURAL — ATTACHED |
CANOPY SIGN: STRUCTURAL — FREESTANDING |
SIGN, FLASHINGA sign with an intermittent or sequential flashing light source used primarily to attract attention. Flashing signs do not include electronic message signs.
SIGN, FREESTANDINGA sign that is placed on or supported by the ground, independent of the principal structure on the lot, designed with a monument base that is an integral part of the sign structure. There are three types of freestanding signs regulated by this ordinance:
[Amended 9-11-2019 by Ord. No. 2019-363]
FREESTANDING SIGN — STANDARD — A freestanding sign that identifies an establishment that is not specifically categorized as a residential subdivision freestanding sign or a multi-tenant commercial center freestanding sign. |
FREESTANDING SIGN — RESIDENTIAL SUBDIVISION — A freestanding sign used to identify a residential subdivision. |
FREESTANDING SIGN — MULTI-TENANT COMMERCIAL CENTER — A freestanding sign used to identify a commercial development with two or more tenants. |
FREESTANDING SIGN FREESTANDING SIGN |
SIGN, GHOSTA painted wall sign that remains from an earlier time or advertises the use of a building that provides evidence of the history of the use of the building or activities of the community. A ghost sign is not an off-premises sign.
SIGN, MARQUEEA sign that is a part of or attached to a marquee. Where designed as a changeable message, sign, the changeable message portion may be manually changed or electronically changed when permitted by this Code.
SIGN, MOVINGA sign where the entire sign structure or a portion of which rotates, moves, elevates, or in any way alters position or geometry. A tri-vision sign where triangular prisms rotate inside a frame to show a new message and/or information are considered moving signs. Moving signs do not include clocks or barber poles.
SIGN, PROJECTINGA sign that is attached to a rigid structure that extends more than 18 inches beyond the surface of the structure to which it is attached. A marquee sign is not considered a projecting sign.
SIGN, ROOFA sign that is erected, constructed, or maintained on and/or extending above the roof structure or parapet of any building with the principal support attached to the roof structure.
SIGN, WALLA sign that is attached directly to an exterior wall of a building or dependent upon a building for support and projects 18 inches or less from the wall of a structure with the exposed face of the sign in a plane substantially parallel to the face of the wall. Window signs are not considered wall signs.
SIGN, WINDOWA sign that is attached to, placed upon, or printed on the interior or exterior of a window or door of a building, or displayed on the interior within two feet of a window intended for viewing from the exterior of such a building. A window sign may be either permanent or temporary. Shadowbox design within display windows, where the window display is designed with a background enclosure against which signs are mounted that blocks view into the establishment, is considered a window sign and the entire area of the shadowbox is subject to the maximum sign area limitation.
SPECIAL PURPOSE ZONING DISTRICTA Special Purpose Zoning District is intended to accommodate new development and redevelopment consistent with City goals for scale, massing, type, and density. The following are considered Special Purpose Zoning Districts: R-3C Single-Family and Two-Family Central Residential District, R-4C Single-Family and Two-Family Central Residential District, C-C City Centre District, C-D Downtown District, C-E Elmore Corners District, C-V Village of East Davenport District, IC Institutional Campus District, and the zoning application known as Planned Unit Development (PUD).
[Added 12-11-2024 by Ord. No. 2024-522]
STACKING SPACEA space specifically designed and designated as a waiting area for vehicles patronizing a drive-through facility or service bay.
STANDPIPEA rigid vertical or horizontal pipe to which fire hoses can be connected, which may be building, ground, or roof mounted.
STOOPAn exterior floor having a maximum dimension of five feet wide by five feet long, typically constructed of wood, stone, concrete, and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a structure. A stoop may be roofed and designed with railings but cannot be enclosed.
[Amended 9-11-2019 by Ord. No. 2019-363]
STREETA public or private right-of-way that affords a primary means of vehicular, and may include cyclist and pedestrian, access to abutting property, A street does not include alleys or driveways.
STRUCTURAL ALTERATIONAny change, other than incidental repairs, which would prolong the life of supporting members of a structure, such as the addition, removal, or alteration of bearing walls, columns, beams, girders or foundations.
STRUCTUREA combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.
SUBSTANTIAL REPAIR/REHABILITATIONSubstantial repair/rehabilitation occurs with any exterior change, the cost of which exceeds 50% of the assessed or appraised building value. Routine exterior maintenance activities such as painting, tuckpointing, replacing trim in kind, railings in kind, or replacing other nonstructural architectural details in kind are not considered to constitute a substantial repair/rehabilitation unless the cost of exceeds 50% of the assessed or appraised building value.
[Amended 9-11-2019 by Ord. No. 2019-363]
UNIFIED CONTROLThe combination of two or more tracts of land wherein each owner has agreed that his tract of land will be developed under the same development approvals.
USEThe purpose or activity for which the land or structure is designed, arranged, or intended, or for which it is occupied or maintained.
VIDEO DISPLAY SIGNA sign, or portion of a sign, that displays an electronic video, whether prerecorded or streaming. This includes projection of an electronic video on a wall or other surface.
WHITE ROOFA roof designed to deliver high solar reflectance, reducing heat transfer to the building and the ability to radiate absorbed, or non-reflected solar energy.
ZONING LOTA lot or combination of lots within a single block, which is designated by its owner or developer to be used, developed, or built upon as a unit. A zoning lot may coincide with a lot of record or may be comprised of one or more lots of record.
ZONING MAPThe map or maps that are a part of this ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the City.