For the purpose of this chapter, certain terms and words are defined as set out in this chapter. Words used in the present tense include the future; the singular number includes the plural; and the plural, the singular. The word “shall” is mandatory; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the words “used” or “occupied” include the words intended, designed, or arranged to be used or occupied.

   1.   “Accessory use or structure” means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

   2.   “Administrative officer” means the individual designated by this chapter to administer the Zoning Ordinance and who is responsible for the enforcement of the regulations imposed by the Zoning Ordinance. This person may also be referred to as the “City Clerk.”

   3.   “Agriculture” means the use of land for agricultural purposes including farming, dairying, pasturage, apiculture, floriculture, viticulture, fish farm, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the product; provided, however, that the operation of such accessory uses shall be secondary to that of normal agricultural activities; provided further, that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.

   4.   “Alley” or “lane” means a public or private way, other than a second street, not more than 20 feet wide affording generally secondary means of access to abutting property and not intended for general traffic circulation.

   5.   “Basement” means a story partly underground but having at least one-half of the height of two or more walls above the level of the adjoining ground. A basement shall be constructed as a story for the purpose of height regulations.

   6.   “Billboard” means and includes all structures, regardless of the material used in the construction of the same, that are erected, maintained, or used for public display of posters, painted signs, walls signs (whether the structure be placed on the wall or painted on the wall itself), pictures, or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which such signs or billboards are located.

   7.   “Block” means the property abutting on one side of the street and lying within the two nearest intersecting streets, an unsubdivided acreage, or railway rights-of-way.

   8.   “Boarding house” or “rooming house” means a building, other than a hotel, where, for compensation, lodging (or meals and lodging) is provided for three or more persons.

   9.   “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property, but not including signs or billboards.

   10.   “Building, height of” means the vertical distance from the average natural grade to the highest point of the roof.

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

   12.   “Business” or “commercial” means the engaging in the purchase, sale, or exchange of goods or services, or the operation for profit of offices, recreational, or amusement enterprises.

   13.   “Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purposes of this chapter, a carport attached to a principal building shall be considered part of the principal building and subject to all yard requirements in this chapter.

   14.   “Cellar” means that portion of a building having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

   15.   “Clinic” means a building or buildings used by physicians, dentists, osteopaths, chiropractors, and allied professions for outpatient care of persons requiring such professional services.

   16.   “Court” means an open, unobstructed, and unoccupied space, other than a yard, which is bounded on two or more sides by a building on the same lot.

   17.   “Day nursery,” “nursery school,” or “day care” means any public or private agency, institution, establishment, or place which provides supplemental parental care and/or educational work (other than lodging overnight) for six or more children of preschool age, for compensation.

   18.   “Development” means any manmade change to improve or unimprove real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

   19.   “District” means a section or sections of the City within which certain uniform regulations and requirements governing the use of buildings and premises, or the height and area of buildings and premises, are uniform.

   20.   “Dump” means a premises used for the disposal of clean type of fill material, such as dirt, rocks, and similar materials, but not including organic matter of any type, such as garbage or dead animals or portions thereof.

   21.   “Dwelling” means any building or portion thereof which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home.

      A.   “Condominium dwelling” means a multiple dwelling as defined in this chapter whereby the fee title to each dwelling unit is held independently of the others.

      B.   “Multiple dwellings” means a residence designed for or occupied by three or more families, with separate housekeeping, bathroom, and cooking facilities.

      C.   “Row dwelling” means any one of three or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separate from one another by an approved wall or walls.

      D.   “Single-family dwelling” means a detached residence designed for, or used exclusively and occupied by, one family only.

      E.   “Two-family dwelling” means a residence designed for, or used exclusively and occupied by, two families only, with separate housekeeping, bathroom, and cooking facilities for each.

      F.   “Unit dwelling” means a room or group of rooms which are arranged, designed, or used as living quarters for the occupancy of one family, containing bathroom and kitchen facilities.

   22.   “Factory-built structure” means any structure 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.

   23.   “Factory-built housing” means a factory built structure designed for long-term residential use. For the purposes of these regulations, factory-built housing consists of three types: modular homes, mobile homes, and manufactured homes.

   24.   “Family” means one or more persons occupying a single dwelling unit; provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over four persons.

   25.   “Farm” means an area comprising 35 or more contiguous acres which is used for agricultural purposes and the growing and production of all farm products thereon, and their storage on the premises, or, for the raising thereon of poultry or livestock. A division of such property by a road does not render the property as noncontiguous.

   26.   “Farmstead” means the buildings and adjacent service areas of a farm.

   27.   “Feedlot” means any parcel of land or premises which is used for the concentrated feeding of cattle, hogs, sheep, fowl, or other livestock within a confined area.

   28.   “Frontage” means all the property on one side of a street between two 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 side between an intersecting street and the dead end of the street.

   29.   “Garage (private)” means an enclosed structure intended for the parking of private motor vehicles of the families residing upon the premises.

   30.   “Garage (public)” means any building premises, except those used as private garages, used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

   31.   “Garage (storage)” means any building or premises used for housing only of motor-driven vehicles pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold.

   32.   “Gasoline filling station” means any building or premises used for the retail sales of products and accessories customarily associated with the maintenance and propulsion of motor vehicles, and including services and repairs.

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

   34.   “Group home” means a facility for individuals over the age of 18 who require continuing assistance and supervision on a daily basis on a long-term basis. These homes are intended primarily for moderately and severely retarded adults whose current stage of development precludes independent living.

   35.   “Halfway house” means any institution, place, building, or agency, for adolescents or adults who have been institutionalized for various reasons and released, or who have had physical or social disabilities which make transition into society difficult and require the protection of a group setting to facilitate the transition into a functional member of society.

   36.   “Home occupation” means a secondary use carried on entirely within the residence where there is no evidence of such occupation being conducted on the premises by virtue of excessive noise, odors, electrical disturbances, or traffic generation.

   37.   “Hotel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as contradistinctive from a boarding house or rooming house.

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

   39.   “Junk or salvage yard” means any area where waste, discarded, or salvaged material or equipment are bought, sold, exchanged, baled or packed, disassembled, kept, stored, or handled, including house wrecking yards, auto wrecking activities, used lumber yards, and places or yards for storage of salvaged building materials and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental and necessary to manufacturing operations, and not including contractors’ storage yards.

   40.   “Kennel (commercial)” means any premises on which three or more dogs, six months old or older are kept, including grooming, boarding, and other associated activities.

   41.   “Kennel (private or hobby)” means any lot on which three or more dogs are kept; however, this shall not include grooming, boarding, or other activities dealing with dogs other than the owner’s.

   42.   “Lot” means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area to provide such yards and other open space as are required in this chapter. Such lot shall have frontage on a public street or private street and may consist of: (i) a single lot of record; (ii) a portion of a lot of record; (iii) a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or, (iv) 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 chapter.

      A.   “Corner lot” means a lot abutting upon two or more streets at their intersection. (See Examples of Lot Definitions below.)

      B.   “Double-frontage lot” means a lot having a frontage of two nonintersecting streets, as distinguished from a corner lot (See Examples of Lot Definitions below.)

      C.   “Interior lot” means a lot other than a corner lot. (See Examples of Lot Definitions below.)

      D.   “Reversed frontage lot” means a corner lot, the side street line of which is substantially a continuation of the front line of the first platted lots to its rear. (See Examples of Lot Definitions below.)

      E.   

   43.   “Lot area” means the total horizontal area within lot lines.

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

   45.   “Lot lines” means the lines bounding a lot.

      A.   “Front lot line” means a line separating the lot from the street on which it fronts.

      B.   “Rear lot line” means the lot line opposite and most distant from the front lot line.

      C.   “Side lot lines” means any lot line other than a front or rear lot line.

   46.   “Lot of record” means a lot which the contract or deed has been recorded in the office of the County Recorder of Black Hawk County, prior to January 1, 1983.

   47.   “Lot width” means the width of a lot measured at the building line and at straight angles to its depths.

   48.   “Lumber yard” means a premises on which primarily new lumber and related building materials are sold.

   49.   “Manufactured home” means a factory built single-family structure, which is manufactured under the authority of 42 U.S.C. Sec. 5403, National Manufactured Home Construction and Safety Standards Act of 1974, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home. For the purpose of these regulations, a manufactured home built after June 15, 1976, shall bear the seal certifying that it is in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974. For the purpose of these regulations, manufactured homes shall be subject to the same standards as site-built dwellings.

   50.   “Mobile home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Nothing in this chapter shall be construed as permitting for occupying a mobile home in other than an approved mobile home park or site.

   51.   “Mobile home park or trailer park” means any lot or portion of a lot upon which two or more mobile homes or trailers occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

   52.   “Modular home” means factory-built housing certified as meeting the State Building Code as applicable to modular housing. For the purpose of these regulations, once certified by the State, modular homes shall be subject to the same standards as site-built dwellings.

   53.   “Motel,” “auto court,” or “motor lodge” means 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 such as swimming pool, restaurant, meeting rooms, etc.

   54.   “Nonconforming use” means the lawful use of any building or land that was established prior to, or at the time of, passage of this chapter (or amendments thereto) which does not conform after the passage of the ordinance codified in this chapter (or amendments thereto) with the use regulations of the district in which it is situated.

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

   56.   “Parking lot” means a parcel of land devoted to unenclosed parking spaces.

   57.   “Parking space” means an area of not less than 180 square feet plus necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way. Parking spaces for other than residential use shall be of a surface material approved by the City Council.

   58.   “Principal use” means the main use of land or structures as distinguished from an accessory use.

   59.   “Right-of-way” means the land area the right to possession of which is secured or reserved by the contracting authority for road purposes.

   60.   “Road” means all property dedicated or intended for public or private road, street, alley, highway, freeway, or roadway purposes, or to public easements therefor.

   61.   “Road lines” means a dividing line between a lot, tract, or parcel of land and a contiguous road.

   62.   “Rooming house” means a building where a room or rooms are provided for compensation of three or more persons.

   63.   “Sign (exterior)” means a sign which directs attention to a business, profession, service, product, or activity sold or offered upon the premises where such sign is located. An exterior sign is attached flat to the building or structure, or projecting out from the building or structure, or erected upon the roof of a building or structure.

   64.   “Sign (freestanding or post)” means any sign erected or affixed in a rigid manner to any pole or post and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located, including signs, or sign devices, indicating the business transacted, services rendered, or goods sold or produced on the premises by an occupant thereof.

   65.   “Sign (illuminated)” means a sign designed to give forth artificial light or through transparent or translucent material from a source of light within such sign, including, but not limited to, neon and exposed lamp signs.

   66.   “Sign (off-site)” means a sign other than an on-site sign.

   67.   “Sign (on-site) means a sign relating to its subject matter to the premises on which it is located or to products, accommodations, services, or activities on the premises.

   68.   “Special permit” means a use allowed in any district after a public hearing by the City Council and recommendation of the Planning and Zoning Commission that meets the necessary conditions and safeguards for its operation.

   69.   “Stable (private)” means a building or structure used or intended to be used for housing horses belonging to the owner of the property only for noncommercial purposes.

   70.   “Stable (public)” or “riding academy” means a building or structure used or intended to be used for the housing only of horses on a fee basis. Riding instruction may be given in connection with a public stable or riding academy.

   71.   “Stable (riding club)” means a building or structure used or intended to be used for the housing only of horses by a group of persons for noncommercial purposes.

   72.   “Storage yards” means an area used for the storage of new and used material, equipment, tools, machinery, supplies, and vehicles which is not in use at all times, but which is necessary for the conduct of business which may or may not be located on the premises.

   73.   “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, then the space between the floor and the ceiling or roof next above it.

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

   75.   “Street line” means a dividing line between a lot, tract, or parcel of land and a contiguous street.

   76.   “Street, road, drive, alley, or entrance (private)” means all property intended for use by vehicular traffic, but not dedicated to the public, nor controlled and maintained by a political subdivision.

   77.   “Street, road, drive, alley, or entrance (public)” means all property intended for use by vehicular traffic which has been dedicated to the public or deeded to a political subdivision.

   78.   “Structural alteration” means any change or replacement in the type of construction or in the supporting members of a building, such as bearing walls and partitions, columns, beams, or girders, beyond ordinary repairs and maintenance. The enlargement of the size or height of a building shall be constructed to be a structural alteration.

   79.   “Structure” means 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” includes buildings, mobile homes, billboards, and poster panels.

   80.   “Tourist home” means a residential building in which rooms are available for rental purposes as overnight sleeping accommodations, primarily for transients.

   81.   “Trailer or mobile home.” See “Mobile home.”

   82.   “Trailer or mobile home park.” See “Mobile home park or trailer park”.

   83.   “Travel trailer or motor home” means a vehicle customarily used for vacation or recreational purposes, defined and licensed in accordance with Section 321.1(68) of the Code of Iowa, 1981.

   84.   “Truck terminal” means an establishment for the receipt and delivery of freight, which may include an assembly, dividing, re-routing, and dispatching of loads. It will typically include a building or buildings with docks or management offices or both. It shall not include a long-term inactive storage of freight, nor exposed outside storage of used tires, parts, or wrecked vehicles of any kind.

   85.   “Use” means any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

   86.   “Variance” means a device which grants a property owner relief from certain provisions of this chapter, which the Board of Adjustment is permitted to grant in cases where strict enforcement of such provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

   87.   “Yard” means an open space on the same lot with a building or structure. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the depth shall be determined by measuring from the lot line to the furthest projection of the building at a height of 30 inches above the ground, except that the width of the overhang in excess of two feet shall be added to the depth requirement. In measuring a yard for the purpose of determining the width of a side yard, the same method employed to determine width of front and rear yards shall be used.

      A.   “Front yard” means a yard extending across the full width of the lot and measured between the adjacent right-of-way line and the building. (See Examples of Yard Definitions below.)

      B.   “Rear yard” means a yard extending across the full width of a lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies, or unenclosed porches. On both corner lots and interior lots, the opposite end of the lot from the front yard. (See Examples of Yard Definitions below.)

      C.   “Side yard” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the nearest building. (See Examples of Yard Definitions below.)

      D.   

   88.   “Zoning administrator” means the administrative officer designated or appointed by the City Council to administer and enforce the regulations contained in this chapter.