165.04.01.   Purpose. For the purpose of this chapter, certain terms and words are hereby defined. Where terms are not specifically defined below or in the section where occurring, their ordinarily accepted meaning according to the most recent version of Merriam-Webster Dictionary and implied by their context shall apply.

   165.04.02.   Construction of Language.

      A.   Headings. Section and subsection headings contained herein are provided for illustrative purposes only and shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, or intent of any provision of this Zoning Ordinance.

      B.   Illustrations. In the case of any real or apparent conflict between the text of this Zoning Ordinance and any illustration explaining the text, the text shall apply.

      C.   Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

         i.   “And” indicates that all connected items or provisions apply.

         ii.    “Or” indicates that the connected items or provisions may apply singly or in any combination.

         iii.    “Either...or” indicates that the connected items or provisions shall apply singly but not in combination.

         iv.    “Shall” indicates a mandatory requirement. “May indicates a permissive or selective requirement.

         v.    “Tenses and numbers” indicate the following: words used in the present tense include the future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

      D.   Referenced Agencies. Unless otherwise indicated, all public officials, bodies, and agencies referred to in this chapter are those of the City of Dyersville.

   165.04.03.   Definition of Terms.

      A.   

         i.   “Accessory use or structure” means a use or structure subordinate to the principal use of the building on the lot and serving a purpose customarily incidental to the use of the principal building. For accessory uses not stated in Subsection 165.05.15, Accessory and Temporary Uses or Subsection 165.09.12, Accessory Uses, “customarily incidental shall be determined by the criteria in Subsubsection 165.05.14.J, Uses that are not Listed.

         ii.    “Accessory dwelling units” means a residential dwelling unit, but not a mobile home, located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. The unit has a separate entryway, kitchen, and bathroom facilities.

         iii.    “Actuarial rates” or “risk premium rates” are those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances.
         iv.    “Administration” means governmental offices providing administrative, clerical, or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include Federal, State, County, and City offices.

         v.    “Agriculture” means the use of land for purposes of growing the usual farm products, including vegetables, fruit, trees, and grains; pasturage; dairying; animal and poultry husbandry, and the necessary accessory uses for treating or storing the produce, provided that the operation of such accessory uses is secondary to that of the regular agricultural activities. This is not to be construed as community gardens or urban farming. This may include the residence of owners, occupants, or employees who live on the property.

         vi.    “Airport” means any area of land or water designated, set aside, used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or other airport facilities, rights-of-way, or approach zones, together with all airport buildings and facilities located thereon.

         vii.    “Alcoholic Beverage Sales” means establishments or places of business engaged primarily in retail sale for off-premises consumption of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.

         viii.    “Alley” means an unnamed public or private right-of-way less than 22 feet wide for the use of vehicles affording a secondary means of access to abutting property.

         ix.   “Animal production” means the use of land primarily for raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis on a site which is also used for crop production or where grazing of natural vegetation is the major feed source; or the raising of animals for recreational use. Typical uses include grazing, ranching, dairy farming, and poultry farming.

         x.    “Animal raising, personal” means premises where agricultural animals are fed or kept for personal use and for agriculturally related projects by the owner or occupant of the premises. For this use, “agricultural animals” is limited to the following domesticated animals: sheep, goats, chickens, turkeys, ducks, geese, ostriches, emus, rheas, and guinea fowl.

         xi.    “Animal shelter” means an indoor or outdoor facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

         xii.    “Annexation” means the act or process of adding land to a governmental unit, usually an incorporated place, by an ordinance, a court order, or other legal action.

         xiii.    “Apartment” means a room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a single housekeeping unit, located in a building containing two or more such rooms or suites, or in a building devoted primarily to nonresidential use.

         xiv.   “Appurtenant structure” means a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

         xv.   “Automobile rental or sales” means the use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental, or lease of new or used motor vehicles. Any warranty repair work and other repair service is conducted as an accessory use within an enclosed building.

         xvi.    “Automobile repair services” means any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service, and sales.

      B.   

         i.   “Base flood” means the flood having one (1) percent chance of being equaled or exceeded in any given year. (Also commonly referred to as the “100-year flood.”)

         ii.   “Base flood evaluation” (BFE) means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

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

         iv.   “Beginning of construction” means the beginning of site work and grading.

         v.   “Board” means the Board of Adjustment.

         vi.   “Boarding Home” means a building use for rental to three or more persons not related to the owner or lessee where supervision or assistance with activities of daily living is provided to such persons. A boarding home does not include a facility, home, or program otherwise subject to licensure or regulation by the Iowa Department of Human Services, Department of Inspections and Appeals, or department of public health.

         vii.   “Broadcasting center” means an establishment containing one or more broadcasting studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television pro-grams or motion pictures. This term does not include a transmission tower.

         viii.   “Building” means a structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building.

         ix.    “Building coverage” The ratio of the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps to the total lot area. All dimensions shall be measured between the exterior faces of walls.

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

         xi.    “Building, principal” means a non-accessory building in which a principal use of the lot on which it is located is conducted.

         xii.   “Building wall” means the wall of the principal building forming a part of the main structure. The foundation walls of unenclosed porches or piazzas, steps, walks and retaining wall or similar structure shall not be considered as building walls under the provisions of this Zoning Ordinance.

         xiii.    “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.

      C.   

         i.   “Campground” means facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents, which accommodate each guest or visitor for no more than seven (7) consecutive days during any one-month period.

         ii.    “Car wash” Mechanical facilities for the washing or waxing of private automobiles, light trucks and vans, but not commercial fleets, as an accessory use to an automobile service station.

         iii.   “Carport” means space for the housing or storage of motor vehicles and enclosed on not more than two sides by walls, and attached to the principal building.

         iv.    “Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

         v.    “Channel” means a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. “Channel flow” is that water which is flowing within the limits of a defined channel.

         vi.    “Child care center” means a facility providing child care or preschool services for seven or more children, except when the facility is registered as a child development home. See Chapter 237A, Child Care Facilities, Iowa Code.

         vii.    “Child care home” means a person or program providing child care to five or fewer children at any one time that is not registered to provide child care under Chapter 237A, Child Care Facilities, Iowa Code.

         viii.    “Child development home” means a person or program registered under Section 237A.3A, Child Development Homes, Chapter 237A, Child Care Facilities, Iowa Code, who may provide child care to six or more children at any one time.

         ix.    “City” means the City of Dyersville, Iowa.

         x.    “Commercial feedlots/operations” means the use of a site for the confined feeding or holding of livestock or poultry within buildings, lots, pens, or other close quarters which are not used for crop production or where grazing of natural vegetation is not the major feed source.

         xi.    “Commission” means the Planning and Zoning Commission of the City of Dyersville.

         xii.    “Community building” means a facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, cultural, or educational needs of the community or neighborhood.

         xiii.    “Community Garden” means a private or public lot under one acre for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

         xiv.   “Composting Facility” means a site on which decomposition processes are used on solid waste (including leaves, grass, manures, and nonmeat food production wastes received from residential, commercial, industrial non-hazardous, and community sources, but not including bio-solids) to produce compost. Composting facilities do not include compost bins that are used to compost household waste and landscaping waste on and for an individual residential lot.

         xv.    “Comprehensive Plan” means the duly adopted Comprehensive Development Plan of the City of Dyersville.

         xvi.    “Conditional use” means a use with operating and/or physical characteristics different from uses permitted by right in a given zoning district which may, nonetheless, be compatible with those uses under special conditions and with adequate public review. Conditional uses are allowed in a zoning district only at the discretion of and with the explicit permission of the Board of Adjustment. Conditional uses are considered identical to special use permits/special exception uses.

         xvii.    “Construction sales and service” means establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware. This use type excludes those uses classified under automotive and equipment services and heavy retail. Typical uses include building materials sales or tool and equipment rental or sales.

         xviii.    “Construction yard” means establishments housing facilities of businesses primarily engaged in construction activities, including incidental storage of materials and equipment on lots other than construction sites. Typical uses are building contractor’s yards.

         xix.    “Convalescent home” means a building or premises in or on which care is provided for four or more invalid, infirm, aged, convalescent, or physically disabled or injured persons, not including insane or other mental cases, inebriate, or contagious cases. Nursing homes are “convalescent homes.”

         xx.    “Crawl space” means any open space located within the foundation of a structure and under the lowest habitable floor of said structure, not to exceed three and one-half feet in height.

      D.   

         i.   “Density, gross” means the numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land (in acres) within a development. This would include all nonresidential land uses and private streets of the development, as well as rights-of-way of dedicated streets; the result being the number of dwelling units per gross acre of land.

         ii.    “Density, net” means the numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located and including common open space and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights-of-way of publicly dedicated streets and private streets.

         iii.    “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings 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.

         iv.    “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.

         v.    “Driveway” means a private accessway, primarily for vehicles, leading from a street to a dwelling unit, parking lot, parking garage, or loading area.

         vi.    “Dwelling” means any building, or portion thereof, which is designed or used exclusively for residential purposes.

         vii.    “Dwelling unit” A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

         viii.   “Dwelling, single-family” A building consisting of a single dwelling unit only.

         ix.   ”Dwelling, Single family attached” means three or more dwelling units in a single structure or attached structures, each of which could have a single lot, which are separated from each other by a dividing vertical wall. Such units may be side-by-side, back-to-back, or both. This a commonly known as a townhome or townhouse.

 
         x.    “Dwelling, Single family detached” means a residential structure designed to house a single-family unit, with private outside entrance, but without common walls between the dwelling units.

         xi.    “Dwelling, two-family” means a dwelling designed for two dwelling units, or housekeeping units, living independently of each other, each of which could have a single lot which are separated from each other by a dividing wall. Such units may be side-by-side, back-to-back, or over-under a second story and/or basement.

          xii.    “Dwelling, multi-family” means a dwelling designed for more than two dwelling units, each independent of each other. Dwelling units are separated by interior walls and/or floors. This does not include boarding homes, single-family attached, or two-family dwellings.

      E.   

         i.   “Education (primary)” means a public, private, or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in schools within the State of Iowa.

         ii.   “Education (secondary)” means a public, private, or parochial school offering instruction at the junior high or high school level in the branches of learning and study required to be taught in the schools of the State of Iowa.

         iii.   “Education (university)” means a public, private, or parochial school offering instruction above the high school level, often located on a campus.

         iv.   “Electrical substation” means a part of an electrical generation, transmission, and distribution system where voltage is transformed from high to low, or the reverse; the type of current is changed; current is gathered from distributed power generation facilities, such as wind turbines or photovoltaic panels; current is switched to back-up lines; or circuits are parallelized in case of failure.

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

            a.   The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of (165.06.20(F)(2)(d)(i) of this ordinance, and

            b.   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

            c.   Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the base flood elevation, and

            d.   The enclosed area is not a “basement” as defined in this section.

         vi.   “Encroachment” means the advancement of a structure or improvements beyond established limits, lot lines, easements, or service areas.

         vii.   “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.

         viii.   “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.

         ix.   “Expansion of existing factory-built home part 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.

         x.   “Extraction” means the business enterprise of excavation and removal of stone, sand, gravel, soil, or similar earthen materials from a site, whether the intent is to increase the utility and values of the site or to use the materials for landfilling on another site.

      F.   

         i.   “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 ordinance factory-built homes include mobile homes, manufactured homes, and modular homes; and also include “recreational vehicles” which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

         ii.   “Factory-built home or subdivision” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

         iii.   “Family home” means a community-based residential home or a child foster care facility to provide room and board, personal care, habilitation services and supervision in a family environment exclusively for not more than eight (8) developmental disability or brain injury and any necessary support personnel as permitted and as limited by the Code of Iowa, 414.22. This includes elder group homes.

         iv.   “Five hundred (500) year flood” means a flood, the magnitude of which has a two-tenths (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 five hundred (500) years.

         v.    “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.

         vi.    “Flood elevation determinations” (Repealed by Ordinance No. 839 – Oct. 21 Supp.)

         vii.    “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.

         viii.    “Flood insurance study (FIS)” means the report published by FEMA for a community issued 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.

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

         x.    “Flood plain management” means an overall program of corrective and preventive measures for reducing flood damage and promoting wise use of floodplains, including but not limited to emergency preparedness plans, flood control works, floodproofing, and flood plain management regulations.

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

         xii.    “Flood protection system” (Repealed by Ordinance No. 839 – Oct. 21 Supp.)

         xiii.    “Floodway” means the channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows 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 (1) foot.

         xiv.    “Floodway Fringe” means those portions of the special flood hazard area outside the floodway.

         xv.    “Floor area ratio” means the quotient of gross floor area divided by gross lot area.

         xvi.    “Food services” means establishments or places of business primarily engaged in the retail sale of food and household products for home consumption. Food sales establishments may include the sale of non-food items. However, the sales of non-food items may account for no more than the lesser of 25% of the sales area or 10,000 square feet of the food sales establishment. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

         xvii.    “Frontage” means all the property on one side of a street between two intersecting streets measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

         xviii.    “Funeral service” means establishments engaged in undertaking services such as crematoriums, preparing the human dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

      G.   

         i.   “Garage, private” means an attached or detached accessory building not over one story or twenty feet in height used for parking or storage of vehicles as may be required in connection with the permitted use of the principal building. However, the storage of one commercial vehicle not exceeding three-fourths ton may be permitted.

         ii.   “Garage, public” means a building or portion of a building in which motor vehicles are equipped for operation, repaired, stored, or kept for remuneration, hire or sale.

         iii.    “Gas station” means a building or portion of a building used chiefly in connection with tanks, pumps, and other appliances, for supplying motor vehicles with gasoline, oil, compressed air, water, electrical charging, and other fuel supplies, but not for the purpose of making repairs. When the dispensing, sale, or offering for sale of motor vehicle fuel at retail is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

         iv.    “General office” means use of a site for business, professional, or administrative offices who may invite clients from both local and regional areas. Typical uses include real estate, insurance, management, travel, telemarketing, corporate, or other business offices; organization and association offices; or professional offices.

         v.   “General retail” means commercial and retail uses that do not include regular outside storage or sales. The phrase "commercial retail" includes uses that are comparable, but not limited to the following:

            a.   Furniture and home furnishings stores;

            b.   Electronics and appliance stores;

            c.   Paint and wallpaper stores;

            d.   Health and personal care stores;

            e.   Clothing and clothing accessory stores;

            f.   Sporting goods, hobby, book, and music stores;

            g.   General merchandise stores; and

            h.   Miscellaneous store retailers.

         vi.    “General services” means establishments primarily engaged in the provision of services to customers by appointment or drop in basis, not including personal services. These uses may require additional on-site storage for inventory or vehicles. Typical uses include, but are not limited to, television studios, telecommunication service centers, telegraph service offices, film and sound recording facilities, office equipment and supply firms, small business machine repair shops, hotel equipment and supply firms, messenger and delivery services, custodial or maintenance services, convenience printing and copying, automated banking machines, appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.

         vii.   “Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of the building:

            a.   For buildings having walls adjoining one street only, the elevation of the regularly established sidewalks grade at the center of the wall adjoining the street;

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

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

         viii.   “Grain elevator” means a tall building used to store grain and containing equipment for conveying grain to the top of a storage bin or bins.

         ix.    “Gross Floor Area” means the sum of the horizontal areas of the habitable stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Excludes basements, attics, unenclosed porches, balconies, and decks. Enclosed porches, balconies, and decks shall be included in the calculation of gross floor area.

         x.    “Group care” means a government-licensed or approved facility which provides for resident care, short or long-term. Group care facilities include facilities which provide services in accordance with individual needs for the:

            a.   Adaptation to living with, or rehabilitation from, the handicaps of physical disability;

            b.   Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder; or developmental disabilities;

            c.   Rehabilitation from the effects of drug or alcohol abuse;

            d.   Supervision while under a program alternative to imprisonment, including but not limited to pre-release, work-release, and probationary programs; or

            e.   Others who require direct adult supervision.

         xi.    “Group home” means a facility licensed by the State of Iowa in which at least three (3) but no more than eight (8) persons, not including resident managers or house parents, who are unrelated by blood, marriage or adoption, reside while receiving therapy, training, living assistance, or counseling for the purpose of adaptation to living with or rehabilitation from a physical or mental disability as defined by the relevant provisions of the Code of Iowa or by the Fair Housing Amendments Act of 1988. A minimum distance of five hundred feet (500') is required between each group home.

         xii.    “Group residential” means the use of a site for a residence by more than four (4) unrelated persons, not defined as a family, on a weekly or longer basis. Typical uses would include fraternities, sororities or college dormitories.

      H.   

         i.   “Heavy industry” means enterprises involved in the basic processing and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials. Outdoor storage is permitted with proper screening. Examples include, but are not limited to:

            a.   Coal cleaning plants with thermal dryers;

            b.   Coke oven batteries;

            c.   Carbon black plants (furnace process);

            d.   Petroleum refineries;

            e.   Petroleum storage and transfer units (except retail gasoline stations) and bulk fuel dealers;

            f.   Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops);

            g.   Portland cement plants (not temporary batch plants);

            h.   Sawmills and pulp mills;

            i.   Mineral plants;

            j.   Fossil fuel combustion (boilers or electricity generation) totaling more than 250 million BTUs per hour of heat input;

            k.   Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated homes or home components;

            l.   Drycleaner processing plants;

            m.   Glass and plastic product manufacturing;

            n.   Hot mix asphalt plants; and

            o.   Fossil fuel or other waste-to-energy power plants.

         ii.   “Heavy manufacturing” means the manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

         iii.    “Heavy retail” means retail and/or service activities that have regular outside service or outside storage areas, larger than average enclosed floor areas devoted to commercial use, or partially enclosed structures, that includes, but is not limited to permanent retail operations that are located outside of enclosed buildings. Examples include but are not limited to nurseries; home centers; lumber and other building materials; lawn, garden equipment, and related supply stores; warehouse clubs and super stores; recreational equipment rental where the equipment is stored outside; heavy truck or recreational vehicle leasing or sales; and manufactured home sales.

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

         v.   “Historic structure: means any structure that is:

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

            b.   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;

            c.   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,

            d.   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either i) an approved state program as determined by the Secretary of the Interior or ii) directly by the Secretary of the Interior in states without approved programs.

         vi.   “Home occupation” means a business operated as an accessory use to a residential dwelling unit and subject to special provisions listed in Subsubsection 165.09.05.F, Home Occupation.

         vii.    “Hospital” means an institution, licensed by the state department of health, providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

         viii.    “Hotel” means a building in which lodging or boarding and lodging are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.

      I.   

         i.   “Impervious Surface” means any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks, and paved recreation areas.

         ii.    “Impervious Surface Ratio” means a measure of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area.

         iii.    “Indoor recreation” means uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature. This phrase includes:

            a.   Community recreation centers

            b.   Health and exercise clubs

            c.   Bowling alleys

            d.   Movie theaters

            e.   Dance halls

            f.   Arcades

            g.   Indoor skating

            h.   Indoor swimming pools

            i.   Other indoor athletic facilities

            j.   Other functionally similar uses

      J.   

         i.   “Junkyard” means any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, or packed, disassembled, or handled, including house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, automobile, tractor, or machinery wrecking and used parts yards, 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 as part of the manufacturing operation.

      K.   

         i.   “Kennel” means any building or lot on which five (5) or more domesticated animals more than six (6) months of age are housed, bred, boarded, trained, or sold. Also known as animal boarding.

      L.   

         i.   “Landfill” means an area of land or an excavation in which wastes are placed for permanent disposal. For the purposes of this Zoning Ordinance, the word "Landfill" does not include clean debris, e.g., dirt, trees, rocks, etc.

         ii.   “Landscaped area” means the area within the boundaries of a given lot, site, or common development consisting primarily of plant material, including but not limited to grass, trees, shrubs, vines, ground cover, and other organic plant materials; or grass paver masonry units installed such that the appearance of the area is primarily landscaped.

         iii.    “Landscaped area, perimeter” means any required landscaped area that adjoins the exterior boundary of a lot, site, or common development.

         iv.    “Landscaped area, interior” means any landscaped area within a site exclusive of required perimeter landscaping. An interior landscaped area will include the parking lot.

         v.    “Light industry” means establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products entirely within an enclosed structure, and incidental storage, sales and distribution. These establishments are characterized by having no major external environmental effects such as noise, odor, smoke, and vibrations across property lines and utilizing screening for storage areas. Typical uses include, but are not limited to, soft drink bottling, apparel assembly from fabrics, electronics, manufacturing, print shops and publishing houses, lumber yards, machine shops, monument sales yards, plumbing, and heating shops.

         vi.    “Live/work unit” means buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

         vii.    “Livestock sales” means the use of a site for the temporary confinement and exchange or sale of livestock. Typical uses include sales barns.

         viii.    “Lot area” means the area of a horizontal plane bordered by the front, side, and rear lot lines.

         ix.    “Lot, corner” means a lot abutting upon two or more public or private streets at their intersection, not including alleys.

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

         xi.    “Lot, double frontage” means a lot of record having a frontage on two nonintersecting streets, as distinguished from a corner lot.

         xii.    “Lot, interior” means a lot other than a corner lot.

         xiii.    “Lot lines” means the lines bounding a lot of record.   

         xiv.   “Lot of record” means a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Dubuque or Delaware County, or a parcel of land, the deed of which was recorded in the office of the County Recorder of Dubuque or Delaware County prior to the adoption of Ordinance No. 285 on July 9, 1962. Also know as “lot” in this Zoning Ordinance.

         xv.    “Lot width” means the width of a lot of record measured at the building line and at right angles to its depth.

         xvi.    “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.

      M.   

         i.   “Maintenance services” means a public facility supporting maintenance, repair, vehicular, or equipment servicing, material storage, and similar activities including street or sewer yards, equipment service centers, and similar uses having characteristics of commercial services, contracting, or industrial activities.

         ii.    “Manufactured home dwelling” means a factory built single-family dwelling structure which is to be used as a place for human habitation, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, and which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; does not have permanently attached to its body or frame any wheels or axles and is placed on a permanent foundation. A mobile home constructed to the National Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling as is provided in the Code of Iowa Section 435.26 and is placed on a permanent foundation. For the purpose of any of these regulations, manufactured homes are considered the same as single-family detached dwellings.

         iii.   “Maximum damage potential development” 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; power installations needed in emergency or other building complexes similar in nature or use.

         iv.   “Minor Projects” means small development activities (except for filling, grading and excavating) valued less than $500.

         v.   “Mixed-use” means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development.

         vi.    “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or Federal seals.

         vii.   “Mobile home park” means any site, lot, field, or tract of land upon which two or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park. “Mobile home park” shall not be construed to include mobile homes, buildings, tents, or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students.

         viii.    “Modular home” means a factory-built structure which is manufactured or constructed to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be attached or towed behind a motor vehicle, and which does not have permanently attached to its body or frame any wheels or axles. Modular homes shall be subject to the same regulations as site-built homes.

      N.   

         i.   “New construction” (new buildings, factory-built home parks) 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.

         ii.   “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 effective date of the first floodplain management regulations adopted by the community.

         iii.   “Nonconforming building” means a building or portion thereof, existing at the effective date of this Zoning Ordinance, or amendments thereto, and which does not conform to the provisions of this Zoning Ordinance or to the use regulations of the district in which it is located.

         iv.   “Nonconforming lot” means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Zoning Ordinance which no longer conforms to the zoning standards because of said revision or amendment.

         v.    “Nonconforming use” means a use which lawfully occupied a building or land at the time this Zoning Ordinance, or amendment thereto, became effective, and which does not conform to the use regulations of the district in which it is located.

      O.   

         i.   “One-hundred-year flood” (Repealed by Ordinance No. 839 - Oct. 21 Supp.)

         ii.   "Open porch" means a roofed structure attached to the principal building open on two or more sides, projecting not more than eight feet within the front yard, not more than three feet within a side yard, and not more than eight feet within a rear yard.

         iii.    “Outdoor commercial recreation” means uses that provide commercial amusement outdoors that have higher traffic demands, space requirements, and external effects, including, but not limited to:

            a.   Fairgrounds

            b.   Amusement parks

            c.   Mini golf

            d.   Golf driving ranges

            e.   Golf courses

         iv.    “Outdoor storage” means the outdoor storage or display of materials on private property, parts, or products that are related to the primary use of a site for a period exceeding forty-eight (48) hours.

         v.    “Overlay District” means a district which acts in conjunction with the underlying zoning district or districts.

         vi.    “Owner” means any person, agent, firm, corporation, or partnership that alone, jointly, or severally with others: (1) has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or (2) has charge, care, or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the recorder of deeds of the county to be the owner of a particular property shall be presumed to be the person in control of that property.

      P.   

         i.   “Parcel” means one or more lots which are designated by the owner or applicant as land to be used or developed as a unit, or which has been developed as a unit.

         ii.    “Park” means any public or private land available for recreational, educational, cultural, or aesthetic use.

         iii.    “Parking lot” means an area of land, a yard, or other open space off the street on a lot used for or designed for use by standing motor vehicles together with a driveway connecting the parking lot with a public place.

         iv.    “Parking space” means a surfaced area of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of the driveway or access drives, for the parking of a motor vehicle, and connected with a street or alley by a surfaced driveway which provides satisfactory ingress for automobiles.

         v.    “Parking, Remote” means a parking lot that is not located on the same lot as the principal use for which the parking is primarily meant.

         vi.    “Parking structure” means a structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.

         vii.    “Permit” means a document issued by the City of Dyersville allowing a person to begin an activity provided for in this Zoning Ordinance.

         viii.    “Permitted use” means a land use type allowed as a matter of right in a zoning district, subject only to special requirements of this Zoning Ordinance.

         ix.    “Personal services” means establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops; seamstress, tailor, or shoe repair shops; photography studios; television or electronics repair; or dry cleaning stations serving individuals and households. Personal services include establishments providing for the administration of massage or massage therapy carried out by persons licensed by the State of Iowa under the provisions of Chapters 148, 148A, 148B, 148C, 149, 150, 150A, 151, 152, 152B, 152C, 157 or 158 of the Code of Iowa when performing massage services as a part of the profession or trade for which licensed or persons performing massage services under the direction of a person so licensed; or persons performing massage services or therapy pursuant to the written direction of a licensed physician.

         x.    “Pet service” means any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.

         xi.    “Place of assembly” means an indoor place where people gather for civic or cultural purposes. The phrase "place of assembly" includes place of worship, meeting hall, lecture hall, fraternal organization, community center, or private club. The phrase "place of assembly" does not include the phrase "indoor recreation.”

         xii.    “Postal facility” means postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.

         xiii.    “Portable storage unit” means a container that may be used to transport goods but may then also be stationary on a single site for any period of time before or after transport. The term includes, but is not limited to, truck containers, portable moving container (POD), and shipping containers.

         xiv.   "Premises" means a parcel of land.

         xv.   “Prohibited use” means a use not permitted in a zoning district.

      Q.   

      R.   

         i.   "Recreational vehicle" means a vehicle which is:

            a.   Built on a single chassis;

            b.   Four hundred (400) square feet or less when measured at the largest horizontal projection;

            c.   Designed to be self-propelled or permanently towable by a light duty truck; and

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

         ii.    “Refreshment/roadside stand” means a temporary structure used for selling agricultural or other consumable products and located outside of all street rights-of-way.

         iii.    “Regulatory flood elevation” means elevation indicated on the FIRM as the elevation of the one-hundred-year flood.

         iv.    “Regulatory flood protection elevation” means an elevation one foot higher than the water surface elevation of the regulatory flood.

         v.    “Restaurant” means a use engaged in the preparation and retail sale of food and beverages for consumption on-site or off-site, including the sale of alcoholic beverages on-site when conducted as a secondary feature of the use, producing less than fifty percent (50%) of the establishment’s gross income.

         vi.    “Restricted businesses” Refer to Chapter 128 of the Dyersville Code of Ordinances.

         vii.    “Rezoning” means the action or process of assigning land or property to a different category of restrictions on use and development.

         viii.    “Right-of-way” means a parcel of land upon which facilities such as highways, railroads, or utilities are constructed. It is the legal right of a person, vehicle, or utility to use this parcel of land, as granted, to pass over property owned by another party.

         ix.    “Roof” means a structural covering over any portion of a building or structure including projections beyond the walls or supports of the building or structure.

         x.   “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:

            a.   Normal maintenance of structures such as re- roofing, replacing roofing tiles, and replacing siding;

            b.   Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work;

            c.   Basement sealing;

            d.   Repairing or replacing damaged or broken window panes;

            e.   Repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or septic systems.

      S.   

         i.   “Safety services” means facilities for conduct of public safety and emergency services including police and fire protection services and emergency medical and ambulance services.

         ii.   “Screening” means the method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms or other features as may be permitted by the landscape and screening provisions of this Zoning Ordinance.

         iii.    “Self-storage facility” means a building or group of buildings containing varying sizes of individualized, compartmentalized and controlled stalls or lockers for the dead storage of customer’s goods or wares, excluding junk, explosive or flammable materials, and other noxious or dangerous materials. No business activities other than rental or storage units shall be conducted on the premises. Self-storage are also known as mini storage, convenience storage, or mini warehousing.

         iv.   "Setback line" means a line within a lot or other parcel of land parallel to a public road, street or highway right-of-way line defining that minimum distance between the building or other area, structure, or feature as may be required in this Zoning Ordinance and property line.

         v.   “Sidewalk café” means any outdoor dining area located in any public sidewalk or right-of-way that is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.

         vi.   “Sight triangle” means a triangular area on a corner lot, two of the sides of such triangle being formed by extending two imaginary lines from the corner of the lot adjacent to the street intersection at least thirty (30) feet back to two points along the sides of the lot parallel to the two intersecting streets, the third side then being formed by the connection of such points.

         vii.   "Sign" Any device (including but not limited to letters, words, numerals, figures, emblems, pictures, or any part or combination) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. The term “sign” shall not include any governmental unit, nor shall it include any item of merchandise normally displayed within a show window of a business.

         viii.   “Sign, A-Frame” means a portable, and self-supporting sign used for advertising purposes, constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top (Syn. Sandwich Board Sign).

         ix.   “Sign, Abandoned” means a sign, including sign face and supporting structure, which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site; or which contains no sign copy on all sign faces for a continuous period of six months.

         x.   "Sign area" means the area of the surface of a sign, bounded by the top, bottom and sides.

         xi.   “Sign, Attached” means a sign that is structurally connected to a building or depends upon that building for support.

         xii.   “Sign, Awning” means a sign printed on such a temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for a supporting framework.

         xiii.   “Sign, Banner” means material with a printed message or graphic secured or mounted from a structure in such a way as to allow wind movement.

         xiv.   “Sign, Canopy” means a sign that is attached or made an integral part of a canopy.

         xv.   “Sign, Freestanding” means a sign that is self-supporting and structurally independent from any building.

         xvi.   “Sign, Double-Faced” means a sign consisting of no more than two parallel or near parallel faces supported by a single structure.

         xvii.   “Sign, Electronic Message” means a sign which uses an array of electrically illuminated lights, generally controlled by a computer or other electronic programming device, to display information or supporting graphics.

         xviii.   “Sign, Flag” means a sign that is emblazoned on a flag and is intended to be displayed in a free-flowing manner.

         xix.   “Sign, Ground” means a detached on-premise sign built on a freestanding frame, mast, or pole(s) with a clearance no greater than 3 feet. This includes monument signs.
         xx.   “Sign, Illuminated” means a sign with an artificial light source incorporated internally or externally (directly or indirectly) for the purpose of illuminating the sign.

         xxi.   “Sign, Monument” means an on-premise freestanding sign with the appearance of a solid base.

         xxii.   “Sign, Moving” means a sign that conveys its message through rotating, changing, or animated elements.

         xxiii.   “Sign, Nonconforming” means a sign that was legally erected prior to the adoption of this Zoning Ordinance but which violates the regulations of this Zoning Ordinance.
         xxiv.   “Sign, Pole” means an on-premise sign built on a freestanding frame, mast, or pole(s) with a clearance greater than 3 feet.

         xxv.   “Sign, Portable” means a sign supported by frames or posts rigidly attached to bases not permanently attached to the ground or a building and capable of being moved from place to place, and constructed of paper, cloth, canvas, light fabric, cardboard, plywood, light plastic, or other similar materials.

         xxvi.   “Sign, Projecting” means a sign other than a wall sign that is attached to and projects from a building face.

         xxvii.   “Sign, Residential” means a small detached or attached sign located on a residential premise, conveying a message communicated by the owner or resident of the property.
         xxviii.   “Sign, Roof” means a sign or part of sign erected upon, against, or directly above a roof or on top of or above the parapet or cornice of a building.

         xxix.   “Sign, Temporary” means a sign designed or fabricated of materials that advertise or communicate messages that change frequently or that become outdated, are made of materials of relatively low durability, or are intended to be removed or replaced within a period of six (6) months or less. Also known as a portable sign.

         xxx.   “Sign, Vertical Banner” means a portable sign typically constructed of cloth, bunting, plastic, paper, or similar non-rigid material, and attached to a vertically mounted pole that is securely fastened to the ground.

         xxxi.   “Sign, Wall” means a sign attached to and parallel with the side of a building that does not project more than two (2) feet from the building wall.

         xxxii.   “Sign, Wall Banner” means a portable sign constructed of cloth, bunting, plastic, paper, or similar non-rigid material, and securely attached to the wall or support structure for which it is advertising. Flags are not considered temporary wall banners

         xxxiii.   “Sign, Window” means a sign painted on or installed inside a window for the purpose of viewing from outside the premises.

         xxxiv.   “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; and any other information that is required by this chapter.

         xxxv.   “Short-Term Rental” means a lodging service that provides overnight or short-term accommodations to guests or visitors, that may include provision of breakfast. This definition includes lodging commonly known as bed and breakfast homes or AirBnbs. Short-term rentals are always owned and operated by the resident owner or resident manager of the structure, include no more than three (3) units, and accommodate each guest or visitor for no more than seven (7) consecutive days during any one-month period.

         xxxvi.   “Small wireless facilities” means a wireless facility that meets both of the following requirements:

            a.   Each antenna is no more than six cubic feet in volume;

            b.   All other equipment associated with the small wireless facility is cumulatively no more than twenty-eight cubic feet in volume

            c.   For purposes of this definition, volume shall be measured by the external displacement of the primary equipment enclosure, not the internal volume of such enclosure. An associated electric meter, concealment, telecommunications demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, cutoff switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume.

         xxxvii.   “Small wind energy system” means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of utility-supplied electricity.

         xxxviii.   “Solar energy system” means any solar collector solar device, or structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy. Typical uses include attached solar panels, freestanding solar panels, solar energy devices integrated as part of the primary or accessory structure, and passive energy systems that include building elements without any mechanical or electrical systems.

         xxxix.   “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, and/or A99.

         xl.   “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 and/ 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.

         xli.   “State” means the State of Iowa.

         xlii.   “Storm cellar” means a space below grade used to accommodate occupants of a structure and emergency supplies as a means of temporary shelter against severe tornado or similar wind storm activity.

         xliii.   “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling or roof next above it.

         xliv.   “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and the wall face not more than four feet above the top floor level. A half story containing independent apartments or living quarters shall be counted as a full story.

         xlv.   “Street” means a right-of-way, dedicated to public use, which affords a primary means of access to the abutting property. This definition is intended to be inclusive of the term as defined in Iowa Statutes.

         xlvi.   “Street, Arterial” means a street that serves, or is designed to serve, as a connection between uses which generate heavy traffic volumes or between other arterial streets, as defined by the Iowa Department of Transportation.

         xlvii.   “Street, Collector” means a street that serves or is designed to serve as the connection from local streets to arterial streets, such as the main entrance street of a residential development, as defined by the Iowa Department of Transportation. Collector streets may also serve as a secondary connection between arterial streets.

         xlviii.   “Street, Cul-de-sac” means a local street having one end open to vehicular traffic and the other end permanently closed with a vehicular turnaround.

         xlix.    “Street, Local” means a street designed to provide vehicular access to abutting property and to discourage through traffic, as defined by the Iowa Department of Transportation.

         l.    “Street, Private” means Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public.
         li.    “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 and/or other similar uses.

         lii.   “Structure alterations” means any replacement or change in the type of construction or in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance, as may be required for the safety of the building.

         liii.   “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 fifty percent (50%) 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.

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

            a.   Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (i) before the “start of construction” of the improvement, or (ii) if the structure has been “substantially damaged” and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement and which are the minimum necessary to assure safe living conditions. The term also does not include any alteration of an “historic structure,” provided the alteration will not preclude the structure’s designation as an “historic structure.”

            b.   Any addition which increases the original floor area of a building by twenty-five percent (25%) 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 twenty-five percent (25%).

      T.   

         i.   “Tavern/bar” means a use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than a restaurant as that term is defined herein.

         ii.    “Telecommunication tower” means a tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purpose above ground in a fixed location, freestanding, guyed, or on a building or other structure.

         iii.    “Truck terminal” means a facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck.

      U.   

         i.   “Urban Farming” means a lot over one acre not in an agricultural district, used to grow and harvest food crops and/or non-food crops for personal or commercial use. An orchard or tree farm that is a principal use is considered an urban farm. An urban farm may be divided into plots for cultivation by one or more individuals and/or groups or may be cultivated by individuals and/or groups collectively. The products of an urban farm may or may not be for commercial purposes.

         ii.    “Use” means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

         iii.    “Utilities” means installations, either above or below ground, necessary for the production, generation, transmission, delivery, collection, treatment, or storage of water, solid or fluid wastes, storm water, energy media, gas, electronic or electromagnetic signals, or other services which are precedent to development and use of land.

      V.   

         i.   “Variance” means a grant of relief by a community from the terms of the floodplain management regulations.

         ii.   “Vehicle storage facilities” means long-term storage of operating or non-operating vehicles for a period exceeding twenty-one (21) days. Typical uses include storage of private parking tow-away or impound yards but exclude dismantling or salvage.

         iii.    “Veterinary” means veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals, pet cemeteries and crematoria, and veterinary hospitals for livestock and large animals.

         iv.    “Violation” means a failure of a structure or other development to be fully compliant with the community’s floodplain management regulations.

      W.   

         i.   “Warehousing (enclosed)” means uses including storage, distribution, and handling of goods and materials within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and van and storage companies.

         ii.    “Warehousing (open)” means uses including open-air storage, distribution, and handling of goods and materials. Typical uses include grain elevators and open storage yards.

         iii.    “Wind energy system” means kinetic energy present in wind motion that can be converted to mechanical energy for driving pumps, mills, and electric power generators.

      X.   

      Y.   

         i.   “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of the structure from the ground upward, excepting as otherwise provided herein. In measuring a lot for the purpose of determining the depth of a front yard, or the depth of a rear yard, the least distance between the lot line and the main building shall be used, as define by “setback line” above.

         ii.    “Yard, front” means a yard measured across the full width of the lot and measured between the front lot line and the building or any projections thereof, other than the projections of the usual steps or unenclosed porches. On corner lots, the City shall determine which of the two (2) yards adjacent to the street will be considered the front yard.

         iii.    “Yard, Interior Side” means a side yard located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

         iv.    “Yard, rear” means a yard extending across the full width of the lot and measured between the rear lot line and the principal building or any projections other than steps, unenclosed balconies, or porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. The rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

         v.   “Yard, side street” means the area extending between the front yard and the rear yard or rear street yard and situated between the side street lot line and the face of the principal building which is parallel to, or most nearly parallel to, the side street lot line.

      Z.   

         i.   “Zero lot line” means that the building setback is allowed to be the same as the property line.

         ii.    “Zoning map” means the official zoning map adopted through ordinance and subsequent amendments thereto by the City Council.