For the purpose of this chapter, certain words, terms and expressions are herein defined.

   1.   “Accessory building” means a subordinate building, the use of which is incidental to that of the principal building or to the principal use of the premises. An accessory use is one which is incidental to the main use of the premises.

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

   3.   “Alteration, structural” means any change in the load bearing members of a building, such as bearing walls, partitions, columns, beams, or girders. The enlargement of the size or height of a building shall be construed to be a structural alteration.

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

   5.   “Apothecary shop” means a shop operated as a retail use which sells only drugs, prescription medicines, medical supplies and appliances and pharmaceutical products.

   6.   “Attic” means a space under a gable, hip or gambrel, or other roof, the finished floor of which is, or would be, at or entirely above the level of the wall plates of at least two exterior walls, and the height of which from the floor level to the highest point of the roof, does not exceed 10 feet.

   7.   “Basement” means an area partly underground but having at least one half (½) of the height of one or more walls above the highest level of the adjoining ground. A basement shall be counted as a story under the provisions of this chapter. (See “cellar.”)

   8.   “Billboard” means any flat surface 20 square feet or more in area, erected on a framework, or attached to posts, buildings or other structures, and used for the display of bills, posters or other advertising matter, pasted, painted, tacked or fastened thereto.

   9.   “Boarding house” means a building, other than a hotel, fraternity house or sorority house, where meals are regularly served for compensation to more than three persons not members of the family there residing.

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

   11.   “Building, height of” means the vertical distance from the average grade at the front building line 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.

   12.   “Building line” means a line as established under the provisions of the State Code.

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

   14.   “Cellar” means a story having more than one half (½) of the height of all walls below the highest level of the adjoining ground. A cellar is not considered as a story for the purpose of this chapter.

   15.   “Clinic, dental or medical” means a building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their profession. The clinic may include a dental or medical laboratory. It shall not include inpatient care or operating rooms for major surgery.

   16.   “Club” or “lodge” (private) means an association of persons for the promotion of some nonprofit object, who are bona fide members paying annual dues.

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

   18.   “Day care” refers to any agency, institution, establishment or place which provides for compensation, supplemental parental care and/or educational work, other than overnight lodging, for three or more unrelated children of any age. Day care service shall be an allowable use in residential and commercial zoning districts. The following regulations shall apply:

      A.   A sign shall be allowed to be placed on the exterior of the residences which acknowledges the activity conducted within, but which does not exceed one square foot in size.

      B.   The only equipment, mechanical or other, used is customary and incidental to the services being offered; this includes outdoor play equipment.

      C.   The activity is restricted to the structure and property.

      D.   Provisions shall be made to lessen the impact of outside play areas on surrounding property owners.

      E.   Off-street loading and unloading for a minimum of two vehicles shall be provided.

      F.   The registration is non-transferable.

Home day care services are permissible upon registration at the City Clerk’s office. This chapter shall not be interpreted to preclude or alter any regulations for the licensing of such facilities with the State, or requirements imposed by the State. Facilities operating within the City must comply with all Federal, State and local statutes. Day care service provided in commercial zoning districts must comply with that district’s restrictions as well.

   19.   “Dwelling, single-family” means a building designed and occupied exclusively by one family.

   20.   “Dwelling, two-family” means a building designed for and occupied exclusively by two families.

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

   22.   “Exterior alterations” means any change, construction or modification which alters the outside dimensions of the structure including changes which alter permanent living space of dwelling house.

   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.   “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.

   25.   “Garage, private” means an accessory building or portion of a building used only for the shelter and/or storage of vehicles by the occupants of the dwelling, or the leasing of space as provided herein, including covered parking space or carport.

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

   27.   “Home occupation” refers to the permissible use of a private residence for the conducting of an occupation or profession by an immediate member of the residing family, which does not require the sale of any commodity on the premises, and which does not require the business public to come onto the premises to accomplish the activity, and which meets the following restrictions:

      A.   A name plate shall be allowed to be placed on the exterior of the residence which acknowledges the activity conducted within, but which does not exceed one square foot in size.

      B.   No commodity is sold upon the premises.

      C.   No person is employed other than those members of the immediate family residing at the premises.

      D.   The only equipment, mechanical or other, used is customary and incidental to the household.

      E.   The activity is solely restricted to the existing structure and does not occupy more than 25% of the total square footage of livable space, excluding attics, crawl spaces and unfinished basements.

      F.   The activity does not require the business public to come directly onto the premises to accomplish such activity.

      G.   The permit is non-transferable.

Home occupations are permissible upon permit only, which may be applied for at the City Clerk’s office. The proposed premises must first be inspected to confirm compliance, and approved by the Zoning Administrator, prior to the issuance of such permit.

   28.   “Hospital” means an institution providing health services, primarily for in-patients, and medical and surgical care of the sick and injured, including as an integral part of the institution such related facilities as laboratories, central service facilities, and staff offices.

   29.   “Hotel” means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 25 sleeping rooms usually occupied independently.

   30.   “Junk yard” or “salvage yard” means an open area on any lot or parcel of land which is used for the storage, abandonment or keeping of junk, including scrap metals or scrap materials, or for the abandonment or dismantling of machinery, motor vehicles, or other vehicles, or parts thereof.

   31.   “Lodging house” means a building where lodging or boarding is provided for compensation for five or more, but not exceeding 20 persons not members of the family there residing.

   32.   “Lot” means a parcel of land under one ownership on which a principal building and its accessories are or may be placed, together with the required open spaces, having its frontage upon one or more streets or public place.

   33.   “Manufactured home” means a factory-built, single-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 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 is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. For the purpose of these regulations, a manufactured home shall be considered the same as any site-built, single-family detached dwelling.

   34.   “Mini-storage unit” is defined as a building which is used primarily for the temporary or permanent enclosed storage of vehicles, boats, trailers, household items and other items generally associated with residential or commercial activity. This specifically does not include warehousing of a manufacturing, light industrial, or heavy industrial use.

   35.   “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but 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 the mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home. In addition to the foregoing conditions, the differentiation between a mobile home and manufactured housing is further defined in that any prefabricated structure coming under the scrutiny of this section which has less than a minimum habitable width of 24 feet and has less than a minimum habitable floor space of 1,000 square feet shall be considered a mobile home for purposes of this Code of Ordinances.

   36.   “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, tent, vehicle, or enclosure used or intended for use as part of such mobile home park.

   37.   “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 shall be subject to the same standards as site-built homes.

   38.   “Nonconforming use” means the lawful use of a building or land on the effective date of the Zoning Ordinance codified by this chapter or amendment thereto, which use does not conform to the provisions of this chapter for the district in which it is located.

   39.   “Office” means a place where businesses or services for others is transacted and not a place where chattels or goods, wares or merchandise are commonly created, exchanged or sold.

   40.   “Parking space” means a surfaced area, enclosed or unenclosed, on a lot, sufficient in size to store one standard automobile, together with a driveway connecting the parking space with a public place, street or alley.

   41.   “Preschool nursery” means the facilities of any dwelling, institution or organization which, for profit or nonprofit, are used in the temporary care of six children or more at any one time.

   42.   “Public place” means an open or unoccupied public space more 20 feet in width which is permanently reserved for the purpose of primary access to abutting property.

   43.   “Retail store” means a place where goods are for sale to the ultimate consumer for direct consumption and not for resale.

   44.   “Setback” means the required distance between a lot line and the closest wall of a conforming structure on the lot.

   45.   “Shop” means a use devoted primarily to the sale of a service or products, but the service is performed or the product to be sold is prepared in its finished form on the premises. Packaging is not considered to be preparation.

   46.   “Sign, advertising or poster board” means a structure, regardless of the material used in the construction of the same, that is erected, maintained or used to advertise a business or attraction.

   47.   “Story” means that part of a building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half (½) of its height of one or more walls above the highest level of adjoining ground.

   48.   “Surfaced area” means any area covered by concrete, asphalt, gravel, rock, stone, brick or related material not including vegetation or building.

   49.   “Yard” means an open space extending across the full width or length of the lot lying between the lot line and the nearest line of the main building other than unenclosed porches, steps or unenclosed balconies.

   50.   “Yard, front” means the area between the street and front building line of main building excluding steps, porches or unenclosed balconies and extending the entire width of the lot.

   51.   “Yard, rear” means that area between the rear of the main building line excluding porches, steps or unenclosed balconies between the rear of the main building and the rear lot line.

   52.   “Yard, side” means the area from the front line of the main building and extending to the rear line of the main building at 90º to the front building line of the main building.