Elk Horn City Zoning Code

For the purposes of this Ordinance, certain terms and words are hereby defined. The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this Ordinance:

1. 2.1.1
   TENSE: Words used in the present tense include the future tense.
2. 2.1.2
   NUMBER: Words used in the singular include the plural, and words used in the plural include the singular.
3. 2.1.3
   SHALL AND MAY: The word “shall” is mandatory; the word “may” is permissible.
4. 2.1.4
   GENDER: The masculine shall include the feminine and the neuter.
5. 2.1.5
   PERSON: The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
6. 2.1.6
   USED OR OCCUPIED: The word “used” or “occupied” include the words intended, designed, or arranged to be used or occupied.
7. 2.1.7
   HEADINGS: In the event that there is a conflict or inconsistency between the heading of a chapter, section or subsection of this Ordinance and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.

Effective on: 1/1/1901

Words or terms not herein defined shall have their ordinary meaning in relation to the context used.

Effective on: 1/1/1901

1. 2.3.1
   ACCESSORY USE OR STRUCTURE: A subordinate structure or use which customarily is incidental to that of the principal or conditional use of the premises. Customary residential accessory uses include but are not limited to, tennis courts, swimming pools, detached garages, air conditioners, garden houses, children’s play houses, barbecue ovens, fire places, patios and residential storage sheds; but under no circumstances include incomplete or inoperable motor vehicles. Garages or other accessory uses attached to the principal structure shall be considered a part thereof and meet the requirements of the principal structure.

Effective on: 1/1/1901

2. 2.3.2
   ALLEY: A dedicated public right-of-way, other than a street which provides only a secondary means of access to abutting property.

Effective on: 1/1/1901

3. 2.3.3
   ALL WEATHER SURFACE: Shall mean a road surface capable of allowing vehicle access during any weather condition, including packed gravel, seal- coated asphalt, asphalt, concrete or similar material.

Effective on: 1/1/1901

4. 2.3.4
   ALTERATION, STRUCTURAL: Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Effective on: 1/1/1901

5. 2.3.5
   APARTMENT HOTEL: Shall mean an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privilege of which are not primarily available to the public.

Effective on: 1/1/1901

6. 2.3.6
   AUTO WRECKING: Shall mean the collecting, burning out, dismantling or wrecking of used motor vehicles, wheeled or track laying equipment, or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles, wheeled or track laying equipment, or trailers or their parts. The dismantling and rebuilding other than custom repair, of more than one motor vehicle, piece of wheeled or track laying equipment, or trailer at a time even though not for profit or a principal use of a parcel of land shall be defined as auto wrecking. The storage of a partially dismantled motor vehicle, piece of wheeled or track laying equipment or trailer shall be considered auto wrecking.

Effective on: 1/1/1901

7. 2.3.7
   BASEMENT: That portion of a building having part but not more than one-half (½) of its height below grade. A basement is counted as a story for the purpose of height requirements.

Effective on: 1/1/1901

8. 2.3.8
   BED AND BREAKFAST HOME: A private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than two guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations and serves food only to overnight guests.

Effective on: 1/1/1901

9. 2.3.9
   BILLBOARD: Shall mean any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, except the name and occupation of the user of the premises, the nature of the business conducted on the premises and having an area of one hundred (100) square feet or more shall be considered a billboard. This definition shall not include any board, sign or surface used to display any official notices issued by a court or public agency or bulletin boards used to display announcement of meetings to be held on the premises on which such bulletin boards are located, nor shall it include a real estate sign advertising for sale or rent the property upon which it stands when such sign does not exceed one hundred (100) square feet.

Effective on: 1/1/1901

10. 2.3.10
    BLOCK: Shall mean a piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, or a combination thereof. There may be more than one numbered block as shown on a plat, falling within a single block as herein defined.

Effective on: 1/1/1901

11. 2.3.11
    BOARD: The Board of Adjustment of Elk Horn, Iowa.

Effective on: 1/1/1901

12. 2.3.12
    BOARDING OR ROOMING HOUSE: A building other than a hotel where, for compensation and by pre-arrangement for definite periods, lodging and/or meals, are provided for four (4) or more persons, but not exceeding twenty (20) persons. Individual cooking facilities are not provided.

Effective on: 1/1/1901

13. 2.3.13
    BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards.

Effective on: 1/1/1901

14. 2.3.14
    BUILDING OFFICIAL: Shall mean the official appointed by the administration or the Council and charged with the responsibility of enforcing these regulations.

Effective on: 1/1/1901

15. 2.3.15
    BUILDING HEIGHT: The vertical dimension measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the average height between the plate and ridge of a gable, hip or gambrel roof.

Effective on: 1/1/1901

16. 2.3.16
    BUILDING, PRINCIPAL: Shall mean a building in which is conducted the primary use of the site on which it is situated. In any residential district any dwelling shall be deemed to be the principal building of the site on which it is located.

Effective on: 1/1/1901

17. 2.3.17
    CAMPGROUND, COMMERCIAL AND RECREATIONAL VEHICLE PARK: Any premises where two (2) or more camping units are parked/placed for camping purposes, or any premises used or set apart for supplying to the public, camping space for two (2) or more camping units for camping purposes, which include any buildings, structures, vehicles, or enclosure used or intended wholly or in part for the accommodation of transient campers.

Effective on: 1/1/1901

18. 2.3.18
    CAMPING UNIT: Any recreational vehicle or other vehicle, tent, or other movable shelter used for camping purposes.

Effective on: 1/1/1901

19. 2.3.19
    CELLAR: That portion of a building having more than one-half (½) of its height below grade. A cellar is not counted as a story for the purpose of height requirements.

Effective on: 1/1/1901

20. 2.3.20
    CERTIFICATE OF OCCUPANCY: Shall mean a permit issued by the Building Official indicating that the use of the building or land in question is in conformity with these regulations or that there has been a legal variance therefrom as provided by these regulations.

Effective on: 1/1/1901

21. 2.3.21
    CLINIC, MEDICAL: Shall mean a building or portion of a building containing the offices and associated facilities of one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, physical therapy or similar service for out-patients only, with or without shared or common spaces and equipment.

    A common area pharmacy or drug dispensary available to persons other than patients being treated therein or making charges separate from bills for professional services of said practitioners shall not be considered as medical clinic use.

Effective on: 1/1/1901

22. 2.3.22
    CLUB: Club shall include clubhouse and shall mean a voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable or similar purpose, but shall not include an organization or premises the chief activity of which is a service or activity customarily carried on as a business even though it may be chartered and named for purposes herein defining a club.

Effective on: 1/1/1901

23. 2.3.23
    COMMISSION: The Planning and Zoning Commission of Elk Horn, Iowa.

Effective on: 1/1/1901

24. 2.3.24
    CONDITIONAL USE: Shall mean a use which is not allowed in the zone as a matter of right, but which is permitted upon findings of the Board that under the particular circumstances present such use is in harmony with the Principal Permitted Uses of the Zone.

Effective on: 1/1/1901

25. 2.3.25
    COUNTY: The unincorporated portions of Shelby County, Iowa.

Effective on: 1/1/1901

26. 2.3.26
    COUNTRY CLUB: Shall include golf courses, par-3 golf course, swimming pools, tennis clubs and neighborhood clubhouses any and each of which shall be located on a site of not less than one acre and open only to membership subscribing for the use of all facilities for a term of not less than one year and members non-paying guests. Sleeping facilities other than quarters for one caretaker or manager and his family shall be prohibited. Clubs operated as restaurants, cocktail lounges, card rooms, beer taverns, bowling alleys, pool and billiard parlors and similar activities normally carried on as a business shall be excluded from the definition of a country club. Nothing herein shall be construed to limit the method of operation of such facilities enumerated in this definition when owned or operated by a governmental agency.

Effective on: 1/1/1901

27. 2.3.27
    DAY CARE NURSERY OR NURSERY SCHOOLS: Any public or private agency, institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six (6) or more unrelated children of preschool age, for compensation.

Effective on: 1/1/1901

28. 2.3.28
    DISTRICT: A part or parts of the City within which regulations governing the use of buildings or premises or the height and location of buildings are uniform.

Effective on: 1/1/1901

29. 2.3.29
    DISTRICT, OVERLAY: A district which acts in conjunction with the underlying zoning district.

Effective on: 1/1/1901

30. 2.3.30
    DRIVE-IN: May be used as a noun or adjective and shall refer to a business which is designed to serve patrons while they are reposed in vehicles or by means of service windows with the intent that products be consumed in automobiles. This shall not be construed to include places for making deposits from automobiles such as drive-in bank windows, post office drop boxes or laundry or cleaning drop boxes.

Effective on: 1/1/1901

31. 2.3.31
    DWELLING: Shall mean a building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two- family dwellings, multi-family dwellings and group dwellings; provided however that the following are not dwellings:

    1. A.
       Hotels, motels, tourist courts and cabins;
    2. B.
       In a building that contains one or more dwelling units or lodging rooms in addition to one or more non-residential uses, the portion of such building that is devoted to such non-residential uses, except when accessory to the residential uses;
    3. C.
       Used for the institutional care of people such as hospitals, rest homes, orphanages, and homes for the aged.

Effective on: 1/1/1901

32. 2.3.32
    DWELLING, SINGLE-FAMILY: A building designed for or occupied by one (1) family.

Effective on: 1/1/1901

33. 2.3.33
    DWELLING, TWO-FAMILY: A building designed for or occupied exclusively by two (2) families living independently of each other.

Effective on: 1/1/1901

34. 2.3.34
    DWELLING, MULTIPLE FAMILY: A building or portion thereof designed for or occupied by three (3) or more families.

Effective on: 1/1/1901

35. 2.3.35
    DWELLING UNIT: Shall mean one or more rooms that are located in a dwelling and that are arranged, designed, or used as living quarters for one- family only. Each dwelling unit contains one and only one, complete set of kitchen facilities, permanently installed. Solely for the purpose of determining compliance with lot area per dwelling unit requirements, each lodging room in a group dwelling shall be considered as one-half (½) a dwelling unit. No lodging room in a group dwelling shall be included as part of a dwelling unit.

Effective on: 1/1/1901

36. 2.3.36
    EASEMENT: A grant by the property owner to the public, a corporation, or persons of the use of a tract of land for a specific purpose(s).

Effective on: 1/1/1901

37. 2.3.37
    FAMILY: One (1) or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel. A family as defined herein, shall include not more than four (4) unrelated persons.

Effective on: 1/1/1901

38. 2.3.38
    FAMILY HOME: A community based residential home licensed as a residential care facility to provide a family environment for not more than eight (8) developmentally disabled persons and any necessary support personnel.

Effective on: 1/1/1901

39. 2.3.39
    FARM: Means an area of ten (10) acres or more which is used for growing of the usual farm products, such as vegetables, fruits, trees and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals. The term “farming” includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include the feeding of garbage or offal to swine or other animals.

Effective on: 1/1/1901

40. 2.3.40
    FLAMMABLE LIQUIDS: Shall mean any liquid which gives off flammable vapors, as determined by the flash point from an open cup tester as used for test of burning oils, at or below a temperature of eighty (80) degrees Fahrenheit, is flammable.

Effective on: 1/1/1901

41. 2.3.41
    FLOOR AREA: Shall mean the floor area of a building as used in calculating the gross floor area ratio or as otherwise used in these regulations, shall include all areas having headroom of seven (7) feet or more, including basement areas where they are used as a dwelling unit for sleeping accommodations, or other family eating or living purposes, but not including basement floor areas used for utility and storage purposes. Floor area for business and industrial buildings shall include all useable floor space above grade and that portion of basements used for the conduct of business or industry, but not including utility areas of said basements. Measurements shall be made at the outside of the outside walls. An area may be surfaced with natural earth and still be considered a floor.

Effective on: 1/1/1901

42. 2.3.42
    FENCE, SIGHT-OBSCURING: A fence or planting arranged in such a way as to obstruct vision.

Effective on: 1/1/1901

43. 2.3.43
    FLOODPLAIN: Those areas contiguous to a river, stream or other drainage course which have been inundated by flood waters or where inundation by flood waters can be expected to occur at a frequency of at least once in one hundred (100) years.

Effective on: 1/1/1901

44. 2.3.44
    FLOODWAY: The channel of a river, stream, or watercourse and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the flood water.

Effective on: 1/1/1901

45. 2.3.45
    FRONTAGE: All the property on one (1) side of a street (road) between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.

Effective on: 1/1/1901

46. 2.3.46
    GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than three (3) passenger or recreational vehicles owned and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.

Effective on: 1/1/1901

47. 2.3.47
    GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building.

Effective on: 1/1/1901

48. 2.3.48
    GOLF COURSE: Shall mean standard sized layouts of at least nine (9) holes and shall not include miniature golf courses, par-3 golf courses, pitch and putt courses or driving ranges.

Effective on: 1/1/1901

49. 2.3.49
    GROSS FLOOR AREA RATIO (G.F.A.R.): Shall mean the floor area of a building divided by the area of the zoning lot as defined herein. (For example a building one-story high covering an entire lot would a G.F.A.R. of 1.0 whereas a building two-stories high covering an entire lot would have a G.F.A.R. of 2.0 while a one-story high covering half a lot would have a G.F.A.R. of 0.5). Both principal and accessory buildings shall be considered in calculating gross floor area.

Effective on: 1/1/1901

50. 2.3.50
    GROUND COVERAGE: Shall mean the area of a zoning lot occupied by all buildings expressed as a percentage of the gross area of the zoning lot.

Effective on: 1/1/1901

51. 2.3.51
    GRAIN ELEVATOR: A structure or group of structures whose purpose is limited to the receiving, processing, storage, drying and transporting of bulk grain.

Effective on: 1/1/1901

52. 2.3.52
    HIGHWAY: An officially designated state or federal numbered highway, or other major street or road designated by the county as a thoroughfare.

Effective on: 1/1/1901

53. 2.3.53
    INOPERABLE MOTOR VEHICLE: Shall mean any motor vehicle which lacks (a) current registration or (b) two (2) or more wheels or other component parts, the absence of which renders the vehicle total unfit for legal use on highways.

Effective on: 1/1/1901

54. 2.3.54
    JUNK: Shall mean all old or scrap copper, brass, lead, or other nonferrous metal; old rope, rags, batteries, paper, trash, rubber debris, water, dismantled or inoperable vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron steel or other old or scrap ferrous materials; old discarded glass, tinware, plastic, or old discarded household goods or hardware.

Effective on: 1/1/1901

55. 2.3.55
    JUNK YARD: Shall mean any place not fully enclosed in a building, used in whole or in part for the storage, salvage or deposit of junk, used lumber or salvaged wood, whether in connection with a business or not, which encompasses an area of two hundred (200) square feet or more, or any place where more than two (2) inoperable motor vehicles, or used parts and materials thereof when taken together equal the bulk of two (2) motor vehicles, are stored and deposited. For the purposes of this Ordinance, junk yard shall include salvage yard, wrecking yard, used lumber yard and places for storage of salvaged wood.

Effective on: 1/1/1901

56. 2.3.56
    KENNEL, COMMERCIAL: The term “Commercial Kennel” shall apply to any person who keeps or maintains more than three (3) dogs and/or any person who shall raise, sell, trade or transfer more than six (6) offspring, with a total value in excess of one hundred (100) dollars, during any calendar year. The term shall also include any kennel for dogs and/or cats which performs one or more of the following activities:

    1. A.
       Board of such animals not owned by the proprietors;
    2. B.
       Breeding of such animals for sale, whether or not such animals are raised, trained, groomed or boarded by proprietors;
    3. C.
       Grooming and training services of such animals.

Effective on: 1/1/1901

57. 2.3.57
    KENNEL, PRIVATE: A noncommercial kennel at, in or adjoining a private residence where dogs are kept for hobby of the householder, in using them for hunting or practice training or for exhibiting them in shows of field or obedience trials or for guarding or protecting the householder’s property and from which offspring with a total value in excess of one hundred (100) dollars are sold, traded, or exchanged during a calendar year. The keeper of a private kennel may keep or maintain three (3) dogs, six (6) months old or older of either sex per year and may raise or sell not more than six (6) offspring during any calendar year without changing the status of the kennel. If the keeper of a private kennel sells, trades or transfers more than six (6) offspring during any calendar year, he shall be subject to the regulations of a commercial kennel.

Effective on: 1/1/1901

58. 2.3.58
    LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be used as off-street parking in computation of required off-street parking spaces.

Effective on: 1/1/1901

59. 2.3.59
    LOT: For the purpose of this Ordinance, a lot is a parcel of land at least sufficient size to meet the minimum zoning requirements for use, coverage and area to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on a private street approved prior to the effective date of this Ordinance and may consist of (a) a single lot of record; (b) a portion of a lot of record; (c) a combination of complete lots of record; and (d) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Ordinance. In no case shall a parcel of land conveyed under a lease be construed as a lot, unless said lot has been platted as a lot in an approved subdivision.

Effective on: 1/1/1901

60. 2.3.60
    LOT FRONTAGE: That portion of a lot or parcel of land which abuts a street. Each side of a lot so abutting a public street shall be considered as a separate l4emot frontage. The frontage of a lot or lots shall be measured along the street line.

Effective on: 1/1/1901

61. 2.3.61
    LOT LINES: The property lines bounding a lot.

    1. A.
       FRONT LOT LINE. The lot line separating the front of the lot from the street. However, for purposes of determining lot requirements in cases where the front lot line is located within a street or highway right-of-way or easement, the street line shall be used.
    2. B.
       REAR LOT LINE: The lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or odd shaped lot, it shall mean a straight line ten (10) feet in length which (a) is parallel to the front lot line or its chord and (b) intersects the two (2) other lot lines at points most distant from the front lot line.
    3. C.
       SIDE LOT LINE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a front or rear lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

Effective on: 1/1/1901

62. 2.3.62
    LOT MEASUREMENTS: For the purposes of this Ordinance the following lot measurements apply:

    1. A.
       LOT AREA: The gross horizontal area within the lot lines of a lot, exclusive of any area contained within a street or highway right-of-way or easement.
    2. B.
       LOT DEPTH: The mean horizontal distance between the front and rear lot lines. In the case of an irregular, triangular or odd shaped lot, the depth shall be the horizontal distance between the midpoints of the front and rear lot lines.
    3. C.
       LOT WIDTH: The horizontal distance between the side lot line as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front yard setback. Where the lot width is decreasing from front to rear, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the required minimum rear yard setback.

Effective on: 1/1/1901

63. 2.3.63
    LOT OF RECORD: A lot which is a part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Effective on: 1/1/1901

64. 2.3.64
    LOT TYPES: For the purpose of this Ordinance the following types of lots are defined:

    1. A.
       CORNER LOT: A lot located at the intersection of two (2) or more streets, having the street right-of-way abut the front and one (1) or more side lines of the lot. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
    2. B.
       DOUBLE FRONTAGE LOT: A lot, other than a corner lot, having frontage on two (2) or more non-intersecting streets.
    3. C.
       INTERIOR LOT: A lot, other than a corner lot, having frontage on only one street.
    4. D.
       REVERSE CORNER LOT: A corner zoning lot, the side street line of which is substantially a continuation of the front lot line of the zoning lot to its rear.

Effective on: 1/1/1901

65. 2.3.65
    MINI-WAREHOUSE: A building or group of buildings not more than one (1) story or twenty (20) feet in height and not having any dimension greater than one hundred fifty (150) feet per building, containing varying sizes of individualized, compartmentalized, and controlled access 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, including, if any, caretaker or supervisors’ quarters as an accessory use. No business activities other than rental of storage units shall be conducted on the premises.

Effective on: 1/1/1901

66. 2.3.66
    MANUFACTURED HOME: Is a factory-built structure built under authority of 42 U.S.C. § 5403, is required by federal law to display a seal from the United States department of housing and urban development, and was constructed on or after June 15, 1976. If a manufactured home is placed in a mobile home park, the home must be titled and is subject to the mobile home square foot tax. If a manufactured home is placed outside a mobile home park, the home is to be assessed and taxed as real estate.

(Code of Iowa, Sec. 435.1)

Effective on: 1/1/1901

67. 2.3.67
    MOBILE HOME: 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.

(Code of Iowa, Sec. 435.1)

Effective on: 1/1/1901

68. 2.3.68
    MOBILE HOME PARK: Any site, lot, field or tract of land upon which three (3) or more occupied mobile homes, manufactured homes, modular homes or a combination of any of these homes are placed on developed spaces and operated as a for profit enterprise with water, sewer or septic, and electrical services available.

(Code of Iowa, Sec. 435.1)

Effective on: 1/1/1901

69. 2.3.69
    MODULAR HOME: A factory-built structure on a permanent chassis which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa State Building Code for modular factory-built structures, and must display the seal issued by the State Building Code Commissioner.

Effective on: 1/1/1901

70. 2.3.70
    MOTEL OR MOTOR HOTEL: A building or group of attached or detached buildings containing individual sleeping or living units for overnight auto tourists, with parking facilities conveniently located to each such unit, and may include such accessory facilities as swimming pools, restaurants, meeting rooms, and etc.

Effective on: 1/1/1901

71. 2.3.71
    NOISE DISTURBANCE: Any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.

Effective on: 1/1/1901

72. 2.3.72
    NONCONFORMING STRUCTURE: Any structure or building lawfully constructed prior to the effective date of this Ordinance (or amendment thereto) which does not conform with the bulk regulations of the district in which it is located.

Effective on: 1/1/1901

73. 2.3.73
    NONCONFORMING USE: The lawful use of any structure or land that was established prior to the effective date of this Ordinance (or amendment thereto) which does not conform with the regulations of the district in which it is located.

Effective on: 1/1/1901

74. 2.3.74
    OBJECTIONABLE ODOR: An odor that is of such frequency, duration, quality, and intensity as to be harmful or injurious to human health and welfare, or so as the unreasonably interfere with the comfortable use and enjoyment of life and property of individuals or the public.

Effective on: 1/1/1901

75. 2.3.75
    PAR-3 GOLF COURSE: A golf course other than a miniature golf course and other than a golf course as defined herein, and having greens similar to a golf course and fairways of not less than fifty (50) yards in length. A par-3 golf course may not be lighted unless so specified as permitted in the text of this article.

Effective on: 1/1/1901

76. 2.3.76
    PARKING SPACE, OFF-STREET: An area which includes the parking plus the maneuvering space required for the parking of motor vehicles. Space for maneuvering incidental to parking shall not encroach upon any public right-of- way. For purposes of rough computation, an off-street parking space and necessary access and maneuvering may be estimated at one hundred eighty square feet (180 s.f.), but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the City.

Effective on: 1/1/1901

77. 2.3.77
    PERMANENT FOUNDATION: An assembly of material constructed at and not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external nature forces; which complies with existing state and local building codes, if so adopted by the governing body; and which is compatible with foundations on conventional dwellings in the area. A permanent foundation shall not under any circumstances be construed as a conventional mobile home skirting.

Effective on: 1/1/1901

78. 2.3.78
    PORCH, UNENCLOSED: A roofed projection which has no more than fifty percent (50%) of each outside wall area enclosed by a building or siding material other than meshed screens.

Effective on: 1/1/1901

79. 2.3.79
    PRINCIPAL USE: A principal use is the main use of the premises permitted outright in a particular zoning district as distinguished from a conditional use.

Effective on: 1/1/1901

80. 2.3.80
    PRIMARY ZONE: A zoning classification which can stand alone as a classification of a parcel of property.

Effective on: 1/1/1901

81. 2.3.81
    QUARTER-QUARTER SECTION: The northeast, northwest, southeast or southwest quarter of a quarter section delineated by the United States Government system of land survey and which is approximately forty (40) acres in size.

Effective on: 1/1/1901

82. 2.3.82
    RECREATIONAL VEHICLE: A vehicular type camping unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping or tent trailer, truck camper, and motor home or coach.

Effective on: 1/1/1901

83. 2.3.83
    RECREATIONAL VEHICLE SITE: A plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.

Effective on: 1/1/1901

84. 2.3.84
    RIGHT-OF-WAY: The land area, the right to possession of which is secured or reserved for public purposes.

Effective on: 1/1/1901

85. 2.3.85
    ROADSIDE STAND: A structure used seasonally for the sale of neighborhood agricultural products or other products grown or produced on the premises and so constructed that it might be readily moved.

Effective on: 1/1/1901

86. 2.3.86
    ROOF LINE: The juncture of the roof and the perimeter wall of the structure.

Effective on: 1/1/1901

87. 2.3.87
    SERVICE STATION: Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles, and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories and other items customarily associated with the sale of such products; for the rendering of service and making of adjustments and replacements to motor vehicles, and the washing, waxing, and polishing of motor vehicles, as incidental to other services rendered; and the making of repairs to motor vehicles except of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring, and frame repairs, major overhauling of engines requiring the removal of engine cylinder head or crankcase pan; repairs to radiators requiring the removal thereof; or complete recapping or retreading of tires. A service station is not a commercial garage nor a body or fender shop.

Effective on: 1/1/1901

88. 2.3.88
    SETBACK: The required minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building respectively for a particular zoning district. Setback may also be referred to as required yard.

Effective on: 1/1/1901

89. 2.3.89
    SIGNS: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein:

    1. A.
       Signs not exceeding two (2) square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
    2. B.
       Flags and insignia of any government except when displayed in connection with commercial promotion.
    3. C.
       Legal notices, identification, informational or directional signs erected or required by governmental bodies.
    4. D.
       Signs directing and guiding traffic and parking on public or private property but bearing no advertising matter.
    5. E.
       Warning signs, no trespassing, no hunting and similar signs not to exceed four (4) square feet in area located on the premises.
    6. F.
       Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

Effective on: 1/1/1901

90. 2.3.90
    SIGN, AREA: The sign shall be that area determined by the Zoning Administrator using actual dimensions where practicable, or approximate dimensions when irregularity of sign shape warrants. Such area shall include the extreme points or edges of sign, excluding the supporting structure which does not form part of the sign proper or of the display. The area of a sign composed of characters or words attached directly to a building or wall surface shall be the smallest rectangle which encloses the whole group. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back and are at no point more than twenty-four (24) inches from one another. In this instance the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area.

Effective on: 1/1/1901

91. 2.3.91
    SIGN, FREE-STANDING: A sign which is supported by structures or supports in or upon the ground and independent of support from any building or wall.

Effective on: 1/1/1901

92. 2.3.92
    SIGN, PORTABLE: A free-standing sign which is not permanently anchored secure to the ground.

Effective on: 1/1/1901

93. 2.3.93
     SIGN, PROJECTING: A sign, other than a wall sign, which is supported or attached to any building or wall and which extends more than one (1) foot out from the building wall.

Effective on: 1/1/1901

94. 2.3.94
    SIGN, ROOF: A sign which is erected upon or above the roof or parapet of any building.

Effective on: 1/1/1901

95. 2.3.95
    SIGN, TEMPORARY: A sign which is intended only for a limited period of display.

Effective on: 1/1/1901

96. 2.3.96
    SIGN, WALL: A sign which is painted on or attached to and erected parallel to the face of the outside wall of any building and supported by such building or wall and which displays only one (1) advertising surface.

Effective on: 1/1/1901

97. 2.3.97
    STABLE, COMMERCIAL AND RIDING ACADEMY: A building or structure used or intended to be used for the housing of horses which are let, hired, used or boarded on a commercial basis and for compensation. Riding instruction may be given in connection with a commercial stable or riding academy.

Effective on: 1/1/1901

98. 2.3.98
    STABLE, PRIVATE: An accessory building or structure used or intended to be used for the housing of horses owned by the occupant of the property or temporary guests of the occupant on a noncommercial basis and not for compensation.

Effective on: 1/1/1901

99. 2.3.99
    STABLE, RIDING CLUB: A building or structure used or intended to be used for the housing of horses owned by a group of persons on a noncommercial basis.

Effective on: 1/1/1901

100. 2.3.100
     STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling or roof next above it.

Effective on: 1/1/1901

101. 2.3.101
     STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level.

Effective on: 1/1/1901

102. 2.3.102
     STREET: The entire width between the boundary lines of every way intended for public use for the purpose of vehicular and pedestrian traffic and for the placement of utilities. The term “street” shall include avenue, circle, drive, highway, lane, place, thoroughfare, or any other similar designation.

Effective on: 1/1/1901

103. 2.3.103
     STREET, HARD SURFACE: A street which h4emas a full-depth surfacing consisting of concrete, or asphalt with a structural capacity equivalency of concrete, constructed in accordance with appropriate local, City or state regulations.

Effective on: 1/1/1901

104. 2.3.104
     STREET LINE: A dividing line between a lot, tract or parcel of land and the contiguous street. The boundary line of a street.

Effective on: 1/1/1901

105. 2.3.105
     STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures including buildings, mobile homes, billboards, signs, towers, sheds, storage bins, and gas and liquid storage tanks, but excluding driveways, parking areas, patios, and public items such as utility poles, street light fixtures, street signs, sidewalks and paving on streets.

Effective on: 1/1/1901

106. 2.3.106
     SUBTERRANEAN HOME: A dwelling which has all but one (1) wall completely covered and landscaped with earth including the roof.

Effective on: 1/1/1901

107. 2.3.107
     TAVERN: An establishment in which the primary function is the public sale and serving of alcoholic beverages for consumption on the premises, including establishments commonly known as key clubs, which are open and in which alcoholic beverages are served only to members and their guests.

Effective on: 1/1/1901

108. 2.3.108
     TRAVEL TRAILER OR CAMPING TRAILER: A vehicle with or without motive power used or so constructed as to permit its being used as a conveyance upon the public streets and highways and so designed to permit the vehicle to be used as a place of human habitation by one or more persons. Said vehicle may be up to eight (8) feet in width and any length provided its gross weight does not exceed 4,500 pounds, which shall be the manufacturer’s shipping or the actual weight of the vehicle fully equipped, or any weight provided its overall length does not exceed twenty-eight (28) feet. Such vehicle shall be customarily used for vacation or recreation purposes and not used as a place of human habitation for more than ninety (90) days in any twelve (12) month period, or it shall be classed as a mobile home, regardless of the size and weight limitation provided herein. This definition shall also include house cars and camp cars having motive power and designed for temporary occupancy as defined herein.

Effective on: 1/1/1901

108. 2.3.108
     USE: Use shall mean the purpose or purposes for which land or a building is designed, arranged or intended, or to which said land or building is occupied, maintained or leased.

Effective on: 1/1/1901

109. 2.3.109
     USE, SPECIFICALLY EXCLUDED: A use of land or a structure which is excluded from a zone by the operation of the regulations of the zone, but which is specifically enumerated as excluded for purposes of clarity of intent and ease of reference.

Effective on: 1/1/1901

110. 2.3.110
     VARIANCE: A variance is a relaxation of the terms of the Zoning Ordinance where such variance shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance a variance is authorized only for height, area, and size of structures or size of yards and open spaces; establishment of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district or because of conditions created by the landowner.

Effective on: 1/1/1901

111. 2.3.111
     YARD: An open space unoccupied and unobstructed by any portion of a structure from two and one-half (2½) feet above the general ground level of the graded lot upward; provided however, that fences, walls, yard recreational and laundry drying equipment, arbors and trellises, flagpoles, yard lights, statuary and similar decorative items, and other customary yard accessories may be permitted in any yard subject to height limitations and requirements limiting obstruction or visibility. In measuring a yard 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 principal building shall be used. In measuring a yard for the purpose of determining the width of a side yard, the least distance between the lot line and the nearest permitted building shall be used.

     1. A.
        FRONT YARD: On a corner lot, the narrowest street side shall be considered the front yard.
     2. B.
        REAR YARD: A yard extending between side lot lines and measured horizontally and at right angles from the rear lot line to the nearest point of the principal building or structure.
     3. C.
        SIDE YARD: A yard extending between the front and rear yard and measured horizontally and at right angles from the side lot line to the nearest point of a permitted building or structures.

Effective on: 1/1/1901