For use in this chapter, the words “used” and “occupied” include the words “intended, designed or arranged to be used or occupied.” In addition, the following terms and words are defined for use in this chapter and all other zoning chapters.

Accessory: A use, building, or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building, or structure.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Adult use: A business that offers a service or the selling, renting, or exhibiting of devices or any other items intended for sexual activities.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Agriculture: The use of land for purposes of growing the usual farm products, including vegetables, fruit, trees and grains; pasturage; dairying; animal and poultry husbandry; and the necessary accessory uses for treating or storing the produce; provided that the operation of such accessory uses shall be secondary to that of the regular agricultural activities.

Effective on: 1/1/1901

Alley: An unnamed public right-of-way, other than a street, twenty (20) feet or less in width providing secondary means of access to the rear and side of abutting properties and which may be used for public vehicular and utility access.

Effective on: 1/1/1901

Animal run: An outdoor fenced-in area or enclosed open-air area for the purpose of containing and enclosing domesticated animals. A dog park is not considered an animal run.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Assisted living facility: A combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential.

Effective on: 1/1/1901

Automobile sales: An establishment engaging in the retail sale or lease of new or used vehicles, including the sale or lease of cars, trucks, truck tractors, semi-trailers, buses, mobile homes, utility trailers, recreational vehicles (RVs), motorcycles, all terrain vehicles (ATVs), boats, personal watercraft, boat trailers, and similar vehicles.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Basement: A floor that is partially or entirely below grade.

Effective on: 1/1/1901

Boarding house: A building other than a hotel or motel where, for compensation, meals, or lodging and meals, are provided for four (4) or more persons.

Effective on: 1/1/1901

Branded business vehicles: Vehicles used by a business for transportation, distribution, construction, or hauling that are marked with business logos and/or branding colors and lettering or advertising materials and products. 

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Building: Any structure, permanent or temporary, designed or intended for the support, enclosure, shelter or protection of persons, animals or property and is fully enclosed with walls and a roof.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Buildable envelope: The area in which a building or structure can be constructed on a lot. Such area is formed by the required building or structure setback lines.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Building, height: The vertical distance from the average natural grade at the building line to the highest point of the coping of a flat roof, or to the deck lines of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides. For the purpose of this chapter, a carport attached to a principal building shall be considered as part of the principal building and subject to all yard requirements herein.

Effective on: 1/1/1901

Cellar: That portion of a building having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

Effective on: 1/1/1901

Child care facility or daycare: Any private or public agency, institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six (6) or more unrelated minors, for compensation.

Effective on: 1/1/1901

Clinic, medical or dental: A building or buildings in which physicians, dentists, or physicians and dentists, and allied professional assistants are associated for the purpose of carrying on their profession.

Effective on: 1/1/1901

Commercial entertainment: Any establishment (indoors or outdoors) where entertainment, either passive or active, is provided for the pleasure of the patrons, either independent or in conjunction with any other use. Such entertainment includes, but is not limited to, sports, games, music, dancing, comedy, and acting.

Effective on: 1/1/1901

Commercial school or studio: Establishment providing instruction to students for compensation including dance studios, music studios, martial arts studios, gymnastics facilities, art studios, and learning centers.

Effective on: 1/1/1901

Communication equipment: Any structure or device intended to broadcast and receive signals, including, but not limited to, warning sirens, emergency broadcast speakers, directional antennae, microwave and satellite dishes, and omni-directional antennae.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Communication tower: A ground-mounted guyed, monopole or self-supporting tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, emergency messages or sirens, or similar forms of electronic communication.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Effective on: 1/1/1901

Dog park: An outdoor area, in which unleashed dogs are allowed, enclosed by a fence and located on public property or located on the private, common open space property of a multi-family or townhome residential development.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Dwelling: Any building or portion thereof which is designed or used exclusively for residential purposes but not including a tent, trailer or any structure or shelter that is not properly affixed to the ground.

Effective on: 1/1/1901

Dwelling, condominium: A multiple-family dwelling as defined herein whereby the title to each dwelling unit is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units with each owner having an undivided interest in the common real estate.

Effective on: 1/1/1901

Dwelling, multiple-family: A residence designed for or occupied by three (3) or more families, with separate housekeeping and cooking facilities for each.

Effective on: 1/1/1901

Dwelling, row: Any one of the three (3) or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wall or walls, and may also be referred to as a “townhouse.”

Effective on: 1/1/1901

Dwelling, single-family: A detached residence designed for or occupied by one (1) family only.

Effective on: 1/1/1901

Dwelling, two-family: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each.

Effective on: 1/1/1901

Dwelling unit: A room or group of rooms which are arranged, designed or used as living quarters for the occupancy of one (1) family, containing bathroom and/or kitchen facilities.

Effective on: 1/1/1901

Enclosed area below lowest floor: The floor of the lowest enclosed area in a building when all of the following criteria are met:

1. 1.
   The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of Section 12-16-1(9) D1 of this Ordinance, and
2. 2.
   The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage, and
3. 3.
   Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the base flood elevation, and
4. 4.
   The enclosed area is not a “basement” as defined in this section.

Effective on: 1/1/1901

Existing construction: Any structure for which the “start of construction” commenced before the effective date of the first floodplain management regulations adopted by the community.

Effective on: 1/1/1901

Family: 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 (4) persons.

Effective on: 1/1/1901

Feed lot: Any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of cattle, hogs or sheep. The term does not include areas which are used for the raising of crops or other vegetation, and upon which livestock are allowed to graze or feed.

Effective on: 1/1/1901

Flexible space: Buildings that are constructed to include multiple tenants, generally including retail, restaurant, office and warehouse uses.

Effective on: 1/1/1901

Flood: A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

Effective on: 1/1/1901

Flood boundary and floodway maps: The official maps on which the Federal Insurance Administration has delineated areas subject to inundation of water during the 100-year flood.

Effective on: 1/1/1901

Flood elevation: The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, a 100-year flood elevation is that elevation of floodwaters related to the occurrence of the 100-year flood.

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM): The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the City.

Effective on: 1/1/1901

Flood Insurance Study: A study initiated, funded, and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and severity of flood hazards, providing the City with the necessary information for adopting a flood plain management program, and establishing actuarial flood insurance rates.

Effective on: 1/1/1901

Flood, one hundred (100) year: A flood the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years. All determinations of the 100-year flood level shall be based on data provided by the Federal Insurance Administration. If the Federal Insurance Administration has not provided sufficient data to make a determination, then the City will obtain, review and reasonably utilize data available from the Department of Natural Resources and from any other source in making such determination.

Effective on: 1/1/1901

Flood plain: Any land area susceptible to being inundated by water a result of a 100-year flood. The flood plain includes all areas designated as numbered and unnumbered A zones on the flood insurance rate maps.

Effective on: 1/1/1901

Flood plain management: An overall program of corrective and preventive measures for reducing flood damage and promoting the wise use of flood plains, including, but not limited to, emergency preparedness plans, flood control works, floodproofing and flood plain management regulations.

Effective on: 1/1/1901

Flood plain, substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Effective on: 1/1/1901

Flood plain, substantial improvement: Any improvement to a structure which satisfies either of the following criteria:

1. 1.
   Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the Zoning Administrator and which are the minimum necessary to assure safe living conditions or (2) any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a historic structure by either the Federal or State government; or
2. 2.
   Any addition which increases the original floor area of a building by twenty-five percent (25%) or more. All additions constructed after March 21, 1985, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five percent (25%).

Effective on: 1/1/1901

Floodproofing: Any combination of structural or nonstructural additions, changes, or adjustments of structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.

Effective on: 1/1/1901

Floodproofing/flood protection elevation: For all special flood hazard areas, the minimum floodproofing/flood protection elevation shall be one (1) foot above the 100-year flood level.

Effective on: 1/1/1901

Floodway: The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows in the floodway area will not result in substantially higher flood levels and flow velocities.

Effective on: 1/1/1901

Garage: An accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Gas station: An establishment providing retail sale or supply of fuels, air, vacuum and carwash services, and other operating commodities or accessories for motor vehicles but not including space or facilities for the storage, painting, major repair, refinishing, body work or other major servicing of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity.

Effective on: 1/1/1901

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Effective on: 1/1/1901

Historic structure: Any structure that is:

1. 1.
   Listed individually in the National Register of Historic Places, maintained by the Department of the Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register;
2. 2.
   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 3.
   Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,
4. 4.
   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either (1) an approved State program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.

Effective on: 1/1/1901

Heavy equipment: Equipment that meets all the following requirements:

1. 1.
   It must be self-propelled and operational.
2. 2.
   It must weigh ten thousand (10,000) pounds or more.
3. 3.
   It must be designed and primarily intended to move, transport, or confine earth, soil, or other construction material at a construction site.
4. 4.
   The maneuvering of this equipment would cause undue stress on concrete pavement or asphaltic surfaces resulting in premature failure of such surfaces. Evidence of this shall be provided in writing using statistics provided from the Iowa Department of Transportation or similar expert sources.

Effective on: 1/1/1901

Home improvement store: An establishment selling various hardware, building materials, lawn care supplies, household appliances, and/or furniture.

Effective on: 1/1/1901

Home occupation: An occupation or business operated within a dwelling unit, and that is operated in compliance with the regulations set forth in the Grimes Zoning Ordinance.

Effective on: 1/1/1901

Hotel or motel: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding or rooming house.

Effective on: 1/1/1901

Impervious surface: Any material or ground treatment that prevents or substantially reduces absorption of stormwater into the ground, including, but not limited to, concrete, asphalt, gravel, brick, pavers, buildings, pools, decks, and covered roof structures.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Independent living facility: A residential complex containing independent dwelling units designed for and principally occupied by senior citizens. Such facilities offer minimal convenience services such as a congregate meals program in a common dining area, but exclude institutional care such as medical or nursing care and are distinguished from assisted living facilities.

Effective on: 1/1/1901

Junk: Any damaged, deteriorating, or dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof, appliances, merchandise, scrap, used building material, scrap contractor’s equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds, or bedding or any other kind of scrap or waste material which is stored, kept, handled, or displayed for barter, resale, reuse, salvage, stripping, or trade.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Junk yard: Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, kept, stored or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.

Effective on: 1/1/1901

Kennel: Refers to the keeping of any dogs, cats, or other domestic animals for sale, breeding, boarding, or treatment purposes except:

1. 1.
   In a pet shop.
2. 2.
   The keeping of five (5) or more dogs, six (6) months or older, on premises used for residential purposes.
3. 3.
   The keeping of more than one (1) dog on vacant property or on property used for business or commercial purposes.

Effective on: 1/1/1901

Licensed premises: An area approved for the operation of an outdoor temporary use under authority of an outdoor temporary use permit issued pursuant to this title.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Loading space: A paved space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the permitted use of the property on which such space is located.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Lodging or rooming house: A building where a room or rooms are provided for compensation for four (4) or more unrelated persons, usually for more than one (1) night.

Effective on: 1/1/1901

Lot: 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 an improved public or private street, or approved private easement of access or right-of-way, and may consist of the following:

1. 1.
   A single lot of record;
2. 2.
   A portion of a lot of record:
3. 3.
   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
4. 4.
   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.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Lot, corner: A lot abutting upon two (2) or more streets at their intersection.

Effective on: 1/1/1901

Lot, depth: The horizontal distance between the front and rear lot lines.

Effective on: 1/1/1901

Lot, double frontage: A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

Effective on: 1/1/1901

Lot, interior: A lot abutting one (1) street frontage, or a lot abutting zero (0) street frontages that has an exclusive unobstructed private easement of access or right-of-way.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Lot lines: The lines forming a lot, including the right-of-way line of any public road or highway.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Lot of record: A lot which is 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.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Lot, width: The width of a lot measured at the building line and at right angles to its depth.

Effective on: 1/1/1901

Lowest floor: The floor of the lowest enclosed area in a building including a basement except when the criteria listed in the definition of Enclosed Area below Lowest Floor are met.

Effective on: 1/1/1901

Manufactured home: A factory-built single-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Section 5403 Federal Manufactured Home Construction and Safety Standards, 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 to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home, as defined in this chapter, is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. For the purposes of these regulations, “manufactured home” is considered the same as any site-built single-family detached dwelling.

Effective on: 1/1/1901

Minor projects: All development activities (except for filling, grading and excavating) valued at less than five hundred dollars ($500).

Effective on: 1/1/1901

Mobile food vendor vehicle: Any motorized truck, van, or modified bus licensed by the State of Iowa to operate on public roads and utilized by a licensed Mobile Food Vendor to conduct its business operations pursuant to this title.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Mobile food vendor: A business that utilizes a mobile food vendor vehicle and as defined by the four (4) classifications levels established by the Iowa Department of Inspections and Appeals. There are more requirements for each of the levels but in general the levels are as follows:

Class I – Non-refrigerated vending units that serve only intact, non-potentially hazardous commercially prepackaged food and beverages. Examples include chips, crackers, cookies, soda, and sweets in manufacturer’s packaging.

Class II – Refrigerated or hot vending units that serve potentially and non-potentially hazardous commercially prepackaged foods from an approved source. Examples include packaged sandwiches, ice cream bars, individually wrapped and cooked hot dogs. No cooking is allowed as part of a Class II unit.

Class III – Units that serve potentially and non-potentially hazardous packaged food and unpackaged foods with limited assembly. These units are limited to pre-cooked foods from an approved source that may be reheated on the unit. Examples include pushcart operations, packaged salads, hot dogs, and shaved ice.

Class IV – Units that serve potentially and non-potentially hazardous foods that are prepared, cooked, cooled or reheated and assembled on the unit. Examples include self-contained mobile food units, food trucks and any units that are capable of preparing and producing food items from pre-cooked and/or raw products (meat, fish, poultry, plant foods and dairy products) to finished product for consumption.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

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 or highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one (1) or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is factory-built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as “manufactured homes.” Nothing in this chapter shall be construed as permitting a mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home.

Effective on: 1/1/1901

Mobile home park: Any lot or portion of a lot upon which one (1) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodation.

Effective on: 1/1/1901

Modular home: A factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.

Effective on: 1/1/1901

Nonprofit institution: A nonprofit establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational, or similar services to the public, groups or individuals. Cooperative nonprofit associations, performing a service normally associated with retail sales or trade such as cooperative groceries, granaries, equipment sales, etc., are not considered nonprofit institutions under this chapter.

Effective on: 1/1/1901

Nonconforming: A condition that occurs when, on the effective date of adoption of this title or a previous ordinance, or on the effective date of an ordinance text amendment or rezoning, an existing building, structure, lot, or use does not conform to one or more of the regulations currently applicable to the district in which such building, structure, lot, or use is located.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Nonconformity: Any nonconforming building, structure, lot, or use. 

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Nursing or convalescent home: A building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled or injured persons.

Effective on: 1/1/1901

Obscenity: Speech is defined as obscene if the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, if the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and/or if the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Effective on: 1/1/1901

Outdoor display: Merchandise, products, or goods for display outside of a permanent structure, for the purpose of product demonstration and viewing and located within an approved outdoor display area. Outdoor display does not include vehicle sales, or products in shipping boxes, crates, on pallets, or other shipping containers.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Outdoor display area: A surface area for outdoor display in compliance with an approved site plan. 

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Outdoor sales: Storage of merchandise, products, or goods for sale outside of a permanent structure, for the purpose of immediate purchase by consumers irrespective of whether the payment for such is made outdoors or within a permanent structure.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Outdoor service area: A paved patio, deck, or similar area located outside and adjacent to a business for the purpose of serving food and/or beverages.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Outdoor storage: The placement of business inventory, equipment, branded business vehicles and trailers, materials, containers, boxes, above ground liquid or gas storage tanks, or supplies utilized by the business for construction, manufacturing, product or material delivery, or for lease or rent in an area on the business property that is not protected by an enclosed building​​​​​​​. Vehicle sales​​​​​​​ shall not be considered outdoor storage.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Outdoor storage area: A paved surface area for outdoor storage in compliance with an approved site plan.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Outdoor temporary sale: Outdoor sale of merchandise or products for short-term or seasonal periods of time, including, but not limited to, tent sales, garage sales, and food trucks.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Outdoor temporary use: Outdoor uses which intend to sell or promote specific merchandise or products, or events for short term or seasonal periods of time, including, but not limited to, tent sales, food trucks, special events, and garage sales.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Parking space: A permanent hard surface area of not less than one hundred sixty-two (162) square feet plus necessary maneuvering space for the parking of a motor vehicle.

Effective on: 1/1/1901

Porch, unenclosed: A roofed projection which has no more than fifty percent (50%) of each outside wall area enclosed by a building or siding materials other than meshed screens.

Effective on: 1/1/1901

Principal: A primary use, building, or structure on a lot as distinguished from an accessory use, building, or structure.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Pushcart: A non-motorized cart which is self-propelled by the operator and used for preparing and/or selling food and beverages.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Recreational vehicle: A vehicle which is (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Effective on: 1/1/1901

Renewable energy systems: Equipment that creates energy from resources that are quickly replenished, including, but not limited to, sunlight, wind, water, biomass, and geothermal resources.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Routine maintenance of existing buildings and facilities: Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

1. 1.
   Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;
2. 2.
   Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;
3. 3.
   Basement sealing;
4. 4.
   Repairing or replacing damaged or broken window panes;
5. 5.
   Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

Effective on: 1/1/1901

Satellite receiving antenna: An accessory structure often referred to as a parabolic or dish antenna, the purpose of which is to receive communication including, but not limited to, radio and television or other signals from satellite or other extraterrestrial sources whether affixed to a building or the ground as a permanent structure or a mobile unit such as a trailer or vehicle.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Setback line: A line, parallel to the respective lot line and internal to the lot, that defines the required  setback for a building or structure in relation to a lot line.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Sign: Any words, lettering, figures, numerals, emblems, symbols, logos, graphics, devices, trademarks, trade names, or any other figure of similar character, or any combination thereof, by which anything is made known and which is designed to attract attention or convey a message.

Effective on: 1/1/1901

Sign, A-Frame: A temporary sign, constructed of wood, cardboard, plastic, or other lightweight and rigid material having the capability to stand on its own supports and being portable. This definition shall include T-Frame signs and sandwich board signs.

Effective on: 1/1/1901

Sign area: The area of a sign as determined by the Zoning Administrator in accordance with Section 12-14-7 of this title.

Effective on: 1/1/1901

Sign, awning: A nonilluminated sign that is either attached to, affixed to, or painted on an awning or canopy.

Effective on: 1/1/1901

Sign, bag: A temporary cover made of a cloth or canvas material, used to alter the message of an obsolete sign until such time as it is replaced with a new sign.

Effective on: 1/1/1901

Sign, banner: A temporary sign composed of lightweight material either enclosed in a rigid frame or not enclosed, secured or mounted to a structure or post on two (2) or more edges. A national, State or Municipal flag, or the official flag of any institution or business is not considered a banner.

Effective on: 1/1/1901

Sign, billboard; An off-premises sign, displayed out of doors or visible from a public way.

Effective on: 1/1/1901

Sign, building-mounted: Any sign attached to or erected against the wall of a building, with the exposed face of the sign in a plane parallel with a plane of said wall.

Effective on: 1/1/1901

Sign, capsule: A sign fabricated from metal, aluminum or some other material with a face constructed out of a panel product.

Effective on: 1/1/1901

Sign, city facility: A sign erected and maintained by or on behalf of the City for the purpose of advancing the City’s goals and vision established within the Grimes Strategic Plan, Grimes Comprehensive Plan, and Grimes Parks and Trails Plan.

Effective on: 1/1/1901

Sign, commercial: A temporary or permanent sign which contains any message, statement or expression related to commercial interests.

Effective on: 1/1/1901

Sign, obsolete: Any sign face remaining in place for a period of thirty (30) days or more which no longer advertises an activity, business, product, or service available.

Effective on: 1/1/1901

Sign, detached rigid: A temporary sign, typically constructed out of a stiff or nonflexible material and mounted to poles/posts or a similar style support structure.

Effective on: 1/1/1901

Sign, directional: A sign, other than warning and regulatory signs, which is located on private property for the purposes of directing traffic through the site or development. Examples of these signs include and are similar to enter and exit signs and drive-thru signs.

Effective on: 1/1/1901

Sign, electronic changeable copy: The graphical content, in letter or numerical form, of an electronic message board sign, which can be changed or altered automatically through electrical or electronic means.

Effective on: 1/1/1901

Sign, electronic message board: A sign with an electronic changeable copy.

Effective on: 1/1/1901

Sign face or surface: The copy area, background area, and the peripheral encasement, structural elements, or trim, which forms the outer perimeter of the sign.

Effective on: 1/1/1901

Sign, ground-mounted: A ground sign that does not have any exposed pole or pylon, and is attached to a single columnar base. Ground-mounted signs shall be constructed with materials chosen for their consistency with the principal building, as well as their durability and strength, in addition to their aesthetic values. Ground-mounted signs are only permitted for non-residential uses.

Effective on: 1/1/1901

Sign, ground-mounted sign structure: A ground-mounted sign together with its base and surround.

Effective on: 1/1/1901

Sign height: The vertical distance from the average finished road grade at the sign location to the highest point of the sign.

Effective on: 1/1/1901

Sign, manual changeable copy: The graphical content, in letter or numerical form, of a sign, which can be changed or altered by manual placement of letters or symbols.

Effective on: 1/1/1901

Sign, non-commercial: A temporary or permanent sign which contains no message, statement or expression related to commercial interests.

Effective on: 1/1/1901

Sign, nonconforming: A sign that does not conform to the regulations provided herein.

Effective on: 1/1/1901

Sign, number of: For the purpose of determining the number of signs, a sign is considered to be a single display surface or displaying device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element is considered a single sign.

Effective on: 1/1/1901

Sign, off-premise: Any sign advertising any products, accommodations, services or activities not provided on the premises in which the sign is placed.

Effective on: 1/1/1901

Sign, building panel: A sign consisting of a frame which may be covered by a translucent material, which may be internally illuminated. The placement of individual letters at least one (1) inch in depth on a metal, stone, or Dryvit surface is not considered a panel sign.

Effective on: 1/1/1901

Sign, person: Any form of signage that may be accomplished through gestures, signals, costumes, or carrying of “signs, temporary” (as defined in this section) by persons affiliated with a business to advertise, promote or draw attention to such business.

Effective on: 1/1/1901

Sign, pole: A sign which is erected upon one or more posts or pylons directly in or upon the ground and not attached to, or braced by, any other structure.

Effective on: 1/1/1901

Sign, political: A temporary sign erected for the purpose of soliciting votes or support for or in opposition to any candidate or any political party under whose designation any candidate is seeking nomination or election or any public question on the ballot in an election held under the laws of the State of Iowa.

Effective on: 1/1/1901

Sign, portable: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported by the means of wheels, trailers or chassis, whether or not the wheels are presently attached; signs constructed as or converted to A- or T-frames; menu and sandwich board signs; balloons or other hot air- or gas-filled figures; and signs attached to or painted on vehicles parked and visible from the public right-of-way and not being used in the normal day to day operations of the business excluding storage.

Effective on: 1/1/1901

Sign, projecting: A sign attached to and projecting generally at right angles from a building wall or other structure.

Effective on: 1/1/1901

Sign, roof: A sign erected on or above the roof of a building.

Effective on: 1/1/1901

Sign, service: A sign identifying parking and handicapped parking, restrooms, public telephone facilities, first aid stations, fallout shelters and other similar public service facilities.

Effective on: 1/1/1901

Sign, subdivision: A sign identifying the name of a residential or commercial complex, subdivision, or neighborhood development included on a landscape feature including planter beds, fountains, decorative walls or fences.

Effective on: 1/1/1901

Sign, temporary: Any residential or non-residential sign, not permanently attached to a building, post, or ground, including, but not limited to, banners, sandwich boards, sign persons, balloons, streamers, and air-filled figures, not to be continued after the expiration of the allowed time period.

Effective on: 1/1/1901

Sign, temporary residential use: Any sign placed on a property that is residential in nature. For the purposes of these signs, multi-family uses shall not be considered residential uses.

Effective on: 1/1/1901

Sign, temporary non-residential use: Any temporary sign placed on a property that is not residential in nature. For the purposes of these signs, multi-family uses are considered non-residential uses.

Effective on: 1/1/1901

Sign, traffic control: A public or private sign, permanently installed to warn, regulate, and control vehicles, pedestrians and bicyclists. Examples of these signs include and are similar to stop signs, no parking signs, and speed limit signs.

Effective on: 1/1/1901

Sign, vehicle: Any sign, logo, or advertisement placed, painted, attached, or displayed on a vehicle advertising a company, store or service and displayed in a manner to attract attention from off premises. Logoed vehicles parked in approved parking spaces shall not be considered vehicle signs.

Effective on: 1/1/1901

Sign, video message board: An electronic sign or screen displaying videos, animations, or similar moving graphics.

Effective on: 1/1/1901

Sign, yard: A small temporary sign, typically constructed out of corrugated plastic or similar lightweight material.

Effective on: 1/1/1901

Solar access easement: An easement for the purpose of providing continued access to sunlight necessary to operate a solar collector.

Effective on: 1/1/1901

Solar collector: A device or structure that transforms direct solar energy into thermal energy for the collection, storage and distribution of solar energy.

Effective on: 1/1/1901

Solar energy system (SES): A system designed to convert solar radiation into usable energy for space or water heating or other uses.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Special Event: A temporary, short-term use occurring outdoors and outside of the day-to-day operations of the principal use, including, but not limited to, concerts, fairs, festivals, fundraisers, promotions, community events, and block parties.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Special flood hazard area (SFHA): The land within a community subject to the “base flood.” This land is identified on the community’s Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR, and/or A99.

Effective on: 1/1/1901

Start of construction: Substantial improvement; and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

Effective on: 1/1/1901

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling or roof next above it is considered a story.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Street line: The right-of-way line of a street or road.

Effective on: 1/1/1901

Street or road, public: Any thoroughfare or public way not less than twenty (20) feet in width, which has been dedicated to the public or deeded to the City or County for street purposes; and also any such public way as may be created after enactment of this chapter, provided it is fifty (50) feet or more in width.

Effective on: 1/1/1901

Structural alterations: Any replacement or changes in the type of construction or in the supporting members of the building, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance.

Effective on: 1/1/1901

Structure: Anything constructed or erected that requires location on or in the ground or attachment to something having a location on the ground, including, but not limited to, signs, communication equipment, renewable energy systems, buildings, pools, decks, patios, pergolas, retaining walls and ​​​​​​fences.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Temporary business structure: A temporary structure which is four hundred (400) square feet or less when measured at the largest horizontal projection; is designed primarily for use as a business involving the sale of goods or services, and is placed in a single location for more than seven (7) consecutive days. A temporary business structure shall be considered a building and/or structure for the purposes of these zoning regulations.

Effective on: 1/1/1901

Trailer park: See “mobile home park.”

Effective on: 1/1/1901

Travel trailer: See “recreational vehicle.”

Effective on: 1/1/1901

Travel trailer park: A parcel of land upon which two (2) or more spaces are provided, occupied or intended for occupancy by travel trailers for transient purposes.

Effective on: 1/1/1901

Variance: A grant of relief by a community from the terms of the flood plain management regulations.

Effective on: 1/1/1901

Vehicle sales: An establishment engaging in the retail sale or lease of new or used vehicles, including the sale or lease of cars, trucks, truck tractors, semi-trailers, buses, mobile homes, utility trailers, recreational vehicles (RVs), motorcycles, all terrain vehicles (ATVs), boats, personal watercraft, boat trailers, and similar vehicles.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Veterinary clinic: A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

Effective on: 1/1/1901

Violation: The failure of a structure or other development to be fully compliant with the community’s flood plain management regulations.

Effective on: 1/1/1901

Wind energy system (WES): Equipment that converts and then stores or transforms kinetic energy from the wind into usable forms of energy. Such equipment includes, but is not limited to, turbines, towers, associated controls or conversion electronics, or any other components used in the system. A WES may include equipment that is used for pond aeration and/or pumping water.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Wind energy system, building-mounted: A wind energy system that is attached to, constructed on, or supported by a building.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Wind energy system, horizontal axis: A wind energy system in which the turbine is fixed to an axis that is horizontal or parallel to the ground.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Wind energy system, tower-mounted: A wind energy system that is attached to the ground and is free-standing on a support pole or base.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Wind energy system, vertical axis: A wind energy system in which the turbine is fixed to an axis that is vertical or perpendicular to the ground.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Yard: An open area at grade between a principal building and adjoining lot lines, which is unoccupied and unobstructed by any portion of the principal building from the ground upward.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Yard, front: A yard extending across the full width of the lot and measured between the front lot line and the front line of the principal building or any projection thereof, other than the projection of the usual steps, decks, and/or porches not covered by a permanent roof. On corner lots, the front yard shall be considered as the yard adjacent to the street upon which the lot has its least dimension. On double frontage lots, the front yard shall be considered as the yard facing the street upon which the lot is addressed.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Yard, rear: A yard extending across the full width of the lot and measured between the rear lot line and the rear line of the principal building or any projections thereof, other than the usual steps, decks, and/or porches not covered by a permanent roof. On corner lots, the rear yard does not extend across the full width of the lot; rather the width extends from the side lot line to the secondary front yard. On ​​​​​​corner lots and interior lots, the rear yard is on the opposite end of the lot from the front yard.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023

Yard, secondary front: On a corner lot, the secondary front yard extends from the front yard to the rear lot line, and is located between the side street lot line and the nearest projection of the principal building. On double frontage lots, the secondary front yard is considered the yard on the opposite end of the lot from the front yard. 

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Yard, front portion of the secondary front: The portion of the secondary front yard that is located adjacent to the principal building and is located between the front yard and the rear line of the principal building. See Figure 12-5B.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Yard, rear portion of the secondary front: The portion of the secondary front yard that is not located adjacent to the principal building and is located between the rear lot line and the rear line of the principal building. See Figure 12-5B.

(Ord. # 774, 02/28/2023) 

Effective on: 3/9/2023

Yard, side: A yard extending from the front yard to the rear yard and measured between the side lot line and the principal building.

(Ord. # 774, 02/28/2023)

Effective on: 3/9/2023