For use in this chapter, certain terms and words are hereby defined.

1.   Definitions For Terms Beginning With “A.”

   A.   “Accessory use” or “accessory building” means a use or structure subordinate to the principal use of a building or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal building or use of land.

   B.   Adult Entertainment Establishment. A building or use having a substantial or significant portion of its business by the offering of entertainment, stock in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of specific sexual activities including nude and semi-nude dancing. The uses include but are not limited to: adult book stores, adult massage parlors, adult modeling studios, adult mini motion picture theaters, adult motion picture theaters, adult theaters, adult sexual encounter centers and licensed beer and liquor establishments offering nude and semi-nude performances for entertainment.

   C.   “Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture and poultry growers, fish farms, nurseries, greenhouses, institutional farms, fur farms, worm growers and other such specialty activities, and animal and poultry husbandry, and the necessary accessory uses for treating or storing the produce, provided that the operation of any such accessory uses is secondary to that of normal agricultural activities.

   D.   “Alley” means a public thoroughfare which affords only a secondary means of access to abutting property.

   E.   “Alterations, structural” means any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

   F.   “Apartment” means a room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations.

   G.   “Apartment house” means a building arranged, intended, or designed to be occupied by three or more families living independently of each other.

2.   Definitions For Terms Beginning With “B.”

   A.   “Basement” means a story having more than one-half its height below grade. A basement is not included in computing the number of stories for the purpose of height measurement.

   B.   “Billboard” (Repealed by Ordinance No. 2024-01 – Jan. 25 Supp.)

   C.   “Board” means the Zoning Board of Adjustment of the City. (See also Chapter 27)

   D.   “Boarding house” or “bed and breakfast” means a building other than a hotel where, for compensation and by arrangement, meals, or lodging and meals, are provided for not more than four guest families lodged at the same time.

   E.   “Brewpub” means the brewpub privilege, an extension of an existing retail Class “B” liquor license or Class “C” liquor license. Adding a brewpub privilege to the license allows the licensee to manufacture beer on the retail premises for consumption on the premises. All beer brewed on the premises for sale in growlers or other containers for off premises consumption must be first sold to a licensed wholesaler (second tier) in observance of Iowa’s three-tier system.

   F.    “Building” or “structure” means anything constructed, erected, or built, the use of which requires more or less permanent location on ground and designed for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind, including, but without limiting the generality of the foregoing, installations such as signs, billboards, solar panels, communication dishes, radio towers, and other facilities not designed for storage of property or occupancy by persons.

   G.   “Building, height of” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

   H.   “Building line” means the extreme overall dimensions of a building from the foundation line. Distances are to be measured from the most outwardly extended position of the structure. (See definition of “Yard.”)

   I.   “Building permit” means a written statement issued by the Zoning Administrator authorizing buildings, structures, or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

   J.   “Business” means any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

3.   Definitions For Terms Beginning With “C.”

   A.   “Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purpose of this chapter, a carport attached to a principal building is considered as part of the principal building and subject to all yard requirements herein.

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

   C.   “Commission” means the Planning and Zoning Commission of the City.

4.   Definitions For Terms Beginning With “D.”

   A.   “Day nursery,” “nursery school,” or “day care” means any agency, institution, individual, establishment, or place which provides supplemental parental care or educational work, other than lodging overnight, for compensation, as governed by the provisions set forth in Section 441, Human Services, Chapter 110 of the Iowa Administrative Code.

   B.   “Distillery,” “winery,” and “brewery” mean not only the premises where alcohol or spirits are distilled, wine is fermented, or beer is brewed, but in addition mean a person owning, representing, or in charge of such premises and the operations conducted there, including the blending and bottling or other handling and preparation of alcohol liquor, wine, or beer in any form.

   C.   “District” means a section or sections of the City for which regulations governing the use of buildings and premises and the height and area of buildings are uniform.

   D.   “Drive-in eating or drinking establishment” means any place or premises used for the sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

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

   F.   “Dwelling, multiple” means a building designed for or occupied exclusively by more than two families.

   G.   “Dwelling, single-family” means a building designed for or occupied by one family.

   H.   “Dwelling, two-family” means a building designed for or occupied by two families.

   I.   “Dwelling unit” means one room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or for rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be located in the same structure, and containing independent cooking and sleeping facilities.

5.   Definitions For Terms Beginning With “E.”

6.   Definitions For Terms Beginning With “F.”

   A.   “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.

   B.   “Farm” means an area which is used for the growing of the usual farm products such as vegetables, fruits, and grains 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 area for one or more of the above uses with the necessary accessory uses for treating or storing the produce, provided that the operation of any such accessory uses shall be secondary to that of the normal farming activity and such accessory uses do not include the feeding of garbage or offal to swine or other animals, or commercial feeding of animals or poultry in confined lots or buildings.

   C.   “Farmstead dwelling” means a dwelling located on a farm and occupied by a person or family employed in the agricultural pursuits of the farm on which it is located.

   D.   “Floor area” means the square feet of floor space within the outside line of walls, including the total of all space on all floors of a building. “Floor area” does not include porches, garages, or space in a basement or cellar which is used for storage or incidental use.

   E.   “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.

7.   Definitions For Terms Beginning With “G.”

   A.   “Garage, private” means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle.

   B.   “Garage, public” means a building or portion thereof other than a private or storage garage designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

   C.   “Garage, storage” means any building or premises, including a mini-storage garage, used for storing motor-driven vehicles (other than commercial vehicles), recreational vehicles and trailers, boats, furniture, or other miscellaneous personal property, excluding such things as automobile fuels and oils or other hazardous or volatile substances, pursuant to previous arrangements.

   D.   “Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.

   E.   “Group home” or “family home” means a community-based residential home which is licensed as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa to provide room and board, personal care, habitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel. However, a group home or family home does not mean an individual foster family home licensed under Chapter 237 of the Code of Iowa.

8.   Definitions For Terms Beginning With “H.”

   A.   “Hazardous waste” means waste designated as hazardous by the United States Environmental Protection Agency or appropriate State agency.

   B.   “Health club” means a non-medical service establishment intended to maintain or improve the physical condition of paying customers which contains exercise and game equipment and facilities, steam baths, saunas, hot tubs, or similar equipment or facilities.

   C.   “Home industry” means any gainful occupation or profession conducted entirely within an enclosed accessory building or dwelling unit which is clearly incidental and secondary to the residential occupancy and does not change the character thereof. The accessory building shall not be larger than the principal structure.

   D.   “Home occupation” means an occupation or a profession which: (i) is customarily carried on in a dwelling unit, and may also be allowed in an accessory building; (ii) is carried on by a member of the family residing in the dwelling unit; and (iii) is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and (iv) does not employ more than two persons outside the resident family; and (v) has no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building, other than one exterior sign mounted flush with the face of the building, which sign shall not exceed six square feet in area; and (vi) does not occupy more than one-third of the area of one floor of the dwelling unit; and (vii) produces no offensive noise, vibration, smoke, dust, odors, heat, or glare rendering such building or premises objectionable or detrimental to the residential character of the neighborhood; and (viii) provides two off-street parking spaces plus one space for each employee.

   E.   “Home occupation, farmstead” means an occupation customarily engaged in on a farm, as a supplementary source of income, which: (i) is clearly incidental and secondary to the operation of the farm; and (ii) is owned by a member of the family residing in the farmstead dwelling; and (iii) does not employ more than two persons outside the resident family; and (iv) is conducted within or adjacent to the farmstead dwelling or the customary farm outbuildings; and (v) has no exterior displays, or storage of materials visible from the public road, or other exterior indication or variation from the agricultural character of the farm; and (vi) has not more than one sign, acknowledging the product or service available, which sign shall not exceed 12 square feet in area; and (vii) produces no offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference detectable within the limits of the nearest neighboring farmstead or dwelling.

9.   Definitions For Terms Beginning With “I.”

   A.   “Industry, heavy” means any heavy manufacturing or industrial processing, which by nature of the materials, equipment, and process utilized cannot eliminate entirely objectionable features and influences but which, nevertheless, must be provided for somewhere in the urban areas.

   B.   “Industrial, light” means any light manufacturing or industrial processing, which by nature of the materials, equipment, and process utilized are to a considerable measure clean, quiet, and free of any objectionable or hazardous element. Light manufacturing includes the following uses and any other uses that are recommended by the Commission to be of the same general character: bakeries, bottling, jewelry, musical instruments, plastic products and sporting goods; processing and assembly of glass products, household appliances, electronic products, and parts of production of finished equipment; printing and engraving plants; cleaning and dyeing plants.

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

10.   Definitions For Terms Beginning With “J.”

   A.   “Junk or salvage yard” means any area where junk or discarded or salvaged material or equipment is 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. The presence on any lot, parcel or tract of land of two or more vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been removed for reuse, salvage, or sale, shall constitute prima facie evidence of a junk yard.

   B.   “Junk yard” means any area where waste or discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, stored, abandoned, or handled, including the dismantling or “wrecking” of automobiles or other vehicles or machinery, house wrecking yards, used lumber yards and places or yards for storage of salvage, house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building.

11.   Definitions For Terms Beginning With “K.”

   A.   “Kennel” means an establishment where dogs are boarded for compensation or where dogs are bred or raised for commercial purposes or sale.

12.   Definitions For Terms Beginning With “L.”

   A.   “Loading space” means a space within the main building or on the same lot providing for the standing, loading or unloading of trucks, having minimum dimensions of 12 feet by 35 feet and vertical clearance of at least 14 feet.

   B.   “Lot” means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a dedicated or private street, and may consist of: (i) a single lot of record or a portion of a lot of record; (ii) a combination of complete lots of record, or portions of lots of record; or (iii) a parcel of land described by metes and bounds, provided that in no case of subdivision shall any residual lot or parcel be created which does not meet the requirements of this chapter.

   C.   “Lot, corner” means a lot located at the intersection of two or more streets.

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

   E.   “Lot, interior” means a lot other than a corner lot with only one frontage on a street other than an alley.

   F.   “Lot of record” means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder.

   G.   “Lot, reversed frontage” means a through lot that is not accessible from one of the parallel or non-intersecting streets upon which it fronts.

   H.   “Lot, through” means a lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.

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

13.   Definitions For Terms Beginning With “M.”

   A.   “Manufactured home” means a factory-built, single-family structure which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. For the purposes of this chapter, a manufactured home is considered a single-family detached dwelling. A manufactured home is the same as a mobile home except a manufactured home must meet the above cited U.S. Code requirements. It also must meet the State of Iowa requirements including the non-permanent hitch, wheels, and axle as stated herein, and is also subject to additional local requirements which are also generally more stringent than requirements for mobile homes.

   B.   “Mobile home” means a vehicle used, or so originally constructed as to permit being used, as a conveyance upon the public streets or highways and duly licensed as such, and constructed in such a manner as will permit occupancy thereof for human habitation, dwellings, or sleeping places for one or more persons, provided further that this definition refers to and includes all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by their own power, towed, or transported by another vehicle. This definition also includes and applies to such vehicles or structures that are located on a permanent or temporary foundation but does not include mobile homes converted to real estate as defined herein.

   C.   “Mobile home converted to real estate” means an unencumbered mobile home which has been attached to a permanent foundation on real estate owned by the mobile home owner, which has had the vehicular frame modified or destroyed, rendering it impossible to reconvert to a mobile home, and which has been inspected by the assessor, the mobile home title, registration, and license plates collected from the owner and the property entered on the tax rolls of the County.

   D.   “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 includes any building, structure, vehicle, or enclosure intended for use as part of the equipment of such mobile home park.

   E.   “Mobile home subdivision” means a subdivision created for the purpose of and restricted to the sale or lease of individual lots for occupancy by independent mobile homes or mobile homes converted to real estate and having public streets, utilities, and other public facilities installation approved by the Council in accordance with the Subdivision Regulations of the City.

   F.   “Modular home” means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes are subject to the same standards as site-built homes.

14.   Definitions For Terms Beginning With “N.”

   A.   “Nonconforming structure or building” means a structure or building, the size, location or dimensions of which were lawful prior to the adoption, revision, or amendment of the ordinance codified in this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

   B.   “Nursing home” means a home for the aged, chronically ill, or incurable persons in which three or more persons not of the immediate family are received, kept, and provided with food, or shelter and care, for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick or injured.

15.   Definitions For Terms Beginning With “O.”

   A.   “Owner” means the person or persons who hold the fee simple title to the property, and the person or persons who have acquired any interest in the property by contract of purchase or otherwise.

16.   Definitions For Terms Beginning With “P.”

   A.   “Parking space, off-street” means a surfaced area, enclosed in the main building or in any accessory building, or unenclosed area, having an area of not less than 180 square feet, permanently reserved for the temporary storage of automobiles and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

   B.   “Permanent foundation” means a site-built or site-assembled system of stabilizing devices when the running gear assembly is removed. The foundation may be any one or combination of the following: (i) shall be to a depth of not less than 42 inches below grade and constructed of appropriate load bearing materials; (ii) a floating concrete slab, a minimum of six inches deep the entire length and width of the structure, with four #2 reinforcing bars the entire length of the slab; (iii) grey beam construction (two concrete strips the entire length of the structure, 40 inches wide, five feet apart, a minimum of six inches deep with two #2 reinforcing bars); and (iv) piers, with a minimum diameter of 16 inches, four to six feet deep and placed eight feet on centers the entire length of the structure.

   C.   “Place” means any open unoccupied space or a public or private thoroughfare (other than a street or alley) permanently reserved as the principal means of access to abutting property.

   D.   “Premises” means the land together with any buildings or structures located thereon.

17.   Definitions For Terms Beginning With “Q.”

18.   Definitions For Terms Beginning With “R.”

   A.   “Recycling plant” means an enclosed building (or area with view totally obscured) within which the receipt, separation, storage, conversion, baling or processing of paper, iron, metal, glass, newspaper, and other non-biodegradable recyclable materials are conducted for the purpose of reutilization of such materials.

19.   Definitions For Terms Beginning With “S.”

   A.   “Setback” – See “building line.”

   B.   “Sign” means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, the following shall not be included in the application of the regulations herein: (i) signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; (ii) flags and insignia of any government except when displayed in connection with commercial promotion; (iii) legal notices, identification, information, or directional signs erected or required by governmental bodies; (iv) integral decorative or architectural features of buildings, except letters, trademarks moving parts, or moving lights; and (v) signs directing and guiding traffic and parking on private property but bearing no advertising matter. (See also Chapter 167)

   C.   “Solar” means any of the following types of solar systems or equipment:

      (1)   “Active solar energy system” means a solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

      (2)   “Solar Collector” means a device, structure, or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

      (3)   “Roof-mount” means a solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use.

      (4)   “Ground-mount” means a solar energy system mounted on a rack or pole that rests on or is attached to the ground. Ground-mount systems can be either accessory or principal uses.

      (5)   “Solar garden” means a commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy retail for retail power) to multiple households or businesses residing or located off-site from the location of the solar energy system.

      (6)   “Solar farm” means a commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devises (CST), or other conversation technology, for the primary purpose of whole sales of generated electricity.

       (7)   “Building integrated photovoltaic solar energy system” means an active solar energy system that is an integral part of a principal or accessory building rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

   D.   “Special exception” means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions if specific provision for such special exceptions is made in this chapter.

   E.   “Stable, private” means a building or structure used or intended to be used for housing only of horses belonging to the owner of the property for non-commercial purposes.

   F.   “Stable, public” and “riding academy” mean 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 the stable or riding academy.

   G.   “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 non-commercial purposes.

   H.   “Story” means 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 next above it.

   I.   “Story, half” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

   J.   “Street” means a public or private thoroughfare which affords the principal means of access to abutting property.

   K.   “Street line” means the right-of-way of a street.

   L.   “Street width” means the width of right-of-way, measured at right angles to the centerline of the street.

   M.   “Structure” (building) means anything , constructed, erected, or built, the use of which requires more or less permanent location on ground and designed for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind, including, but without limiting the generality of the foregoing, installations such as signs, billboards, solar panels, communication dishes, radio towers and other facilities not designed for storage of property or occupancy by persons.

   N.   “Subdivision” means the division of land into three or more lots, or other division of land, for the purpose, whether immediate or future, of transfer of ownership or building development. The term relates to the process of subdividing or to the land subdivided, or the resubdivision of land previously divided or platted into lots or other divisions of land, or, if a new street is involved, any division of land.

   O.   “Substantial damage” means damage of any origin sustained by a structure where by the cost of restoring the structure of its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

   P.   “Substantial improvement” means a repair, reconstruction or improvement of a structure, the costs of which equals or exceeds 50 percent of the market value of the structure either (i) before the improvement is started, or (ii) if the structure has been damaged and is being restored before the damage occurred. Market value shall be determined by the local assessor’s office or by two separate certified real estate evaluations. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing State or local health, sanitary, building, or safety codes or regulations as well as structures listed in national or State registers of historic places.

20.   Definitions For Terms Beginning With “T.”

   A.   “Temporary structure” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

   B.   “Temporary use” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

   C.   “Trailer camp” or “tourist camp” means any area providing spaces for two or more travel trailers, camping trailers, or tent sites for temporary occupancy with necessary incidental services, sanitation, and recreation facilities to serve the traveling public.

   D.   “Travel trailer” or “camping trailer” means a 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 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 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, provided its overall length does not exceed 28 feet. Such vehicle shall be customarily or ordinarily used for vacation or recreation purposes; if used as place of human habitation for more than 90 days in any 12-month period, it shall be classified as a mobile home, regardless of the size and weight limitation provided herein. This definition also includes house cars and camp cars having motive power and designed for temporary occupancy as herein defined.

21.   Definitions For Terms Beginning With “U.”

   A.   “Use, permitted” means a public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and performance standards of a particular district.

   B.   “Use, principal” means the main use of land or buildings as distinguished from subordinate or accessory use. A “principal use” may be either permitted or conditional.

22.   Definitions For Terms Beginning With “V.”

   A.   “Variance” means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance codified in this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion 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.

23.   Definitions For Terms Beginning With “W.”

24.   Definitions For Terms Beginning With “X.”

25.   Definitions For Terms Beginning With “Y.”

   A.   “Yard” means an open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from 30 inches above the ground upward. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

   B.   “Yard, front” means a yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building.

   C.   “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building.

   D.   “Yard, side” means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building.

26.   Definitions For Terms Beginning With “Z.”

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