Johnston City Zoning Code
CHAPTER 165
DEFINITIONS
165.01 GENERAL DEFINITIONS
For the purpose of this Ordinance certain terms and words are hereby defined. The words “used or occupied” include the words “intended, designed or arranged to be used or occupied.”
Access.
1.
Access. The place, means or way by which pedestrians or vehicles shall have ingress and egress to a property or parking area.
Effective on: 5/1/2023
Alley.
2.
Alley. A public right-of-way, other than a street, affording secondary means of access to abutting property.
Effective on: 5/1/2023
Amendment.
3.
Amendment. A change in wording, context or substance of this Ordinance, or a change in the zoning or district boundaries of the “Official Zoning Map” which is a part of this Ordinance when adopted by ordinance passed by the City Council in the manner prescribed by law.
Effective on: 5/1/2023
Animal, domestic.
4.
Animal, domestic. A domestic animal is an animal or fowl that is typically accessory to occupancy in a principal dwelling such as a dog, cat, rabbit, or potbellied pig, and is tame or domesticated. Domestic animals of a smaller nature include gerbils, hamsters, guinea pigs, mice, birds, snakes, ferrets, and other similar animals maintained as pets and not for breeding purposes.
Effective on: 5/1/2023
Animal, non-domestic.
5.
Animal, non-domestic. Non-domestic animals may consist of small caged animals and fowl such as falcons, pigeons, pheasants, quail, chickens, ducks, geese, and other small animals and fowl of this nature which are kept outside the dwelling and of such type and nature that state and national associations exist establishing norms for breeding, confining and rearing. Pygmy goats and miniature horses are not included.
Effective on: 5/1/2023
Auditor’s plat.
6.
Auditor’s plat. A plat prepared at the request of the County Auditor to clarify property boundaries for the purposes of assessment and taxation.
Effective on: 5/1/2023
Average illuminance.
7.
Average illuminance. The illuminance, or level of light on a surface, averaged over a specific area.
Effective on: 5/1/2023
Awning.
8.
Awning. Any structure made of cloth or other non-rigid materials with a metal or other rigid material for a frame and attached to a building and projecting outward from a building.
Effective on: 5/1/2023
Balcony.
9.
Balcony. An unroofed platform, unenclosed except by a railing, which cantilevers from the outer wall of a building above ground level without support other than the building.
Effective on: 5/1/2023
Bird friendly glass.
10.
Bird friendly glass. Glass which is specially designed to make glass a visible obstacle to birds through the use of materials such as, but not limited to, fritting, silk-screening, or ultraviolet materials or by the installation of glass products in a manner which breaks up the reflectivity of the glass and alerts birds to the presence of glass.
Effective on: 5/1/2023
Block.
11.
Block. An area of land within a subdivision that is entirely bounded by streets and the exterior boundary or boundaries of the subdivision.
Effective on: 5/1/2023
Board or Board of Adjustment.
12.
Board or Board of Adjustment. The Johnston Board of Adjustment.
Effective on: 5/1/2023
Board of Appeals.
13.
Board of Appeals. The Johnston Board of Appeals.
Effective on: 5/1/2023
Building.
14.
Building. Any structure having a roof supported by walls or by columns intended for enclosure, shelter or housing of persons, animals, or property. When any portion thereof is entirely separated by walls in which there are no common walls connecting doors or windows or any similar opening, each portions so separated shall be deemed a separate building.
Effective on: 5/1/2023
Building height.
15.
Building height. The vertical distance from the average ground elevation at the building lines, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
Effective on: 5/1/2023
Building line.
16.
Building line. The extreme overall dimensions of a building as determined from its exterior walls or any part of a structural support or component that is nearest to the property line, other than usual uncovered steps and patios.
Effective on: 5/1/2023
Building materials.
17.
Building materials.
- A.Fired clay brick. A solid masonry unit made of clay that is generally formed into a rectangular and treated in a kiln to harden.
- B.Textural concrete panels (integrally colored). A concrete panel that is colored as part of the precast process and has a pattern or texture applied.
- C.Fiber cement. A composite building material made of sand, cement, and cellulose fibers.
- D.Natural stone. Refers to products quarried from the earth such as, but not limited to, granite, marble, and limestone.
- E.Masonry stucco. A cement-based plaster comprised of cement, sand, and lime that is applied over the surface of exterior walls.
- F.Glass, curtain wall, and/or glass cladding system. A lightweight metal façade with glass panels.
- G.Specialty concrete block. A concrete block with a rough texture.
- H.Exterior insulation finishing system (EIFS). An exterior finish for a building composed of polystyrene foam covered with a synthetic stucco.
- I.Architectural grade commercial use cementitious panel. A rainscreen system composed of high-quality fiber cement panel constructed of high-performance concrete reinforced with glass fiber.
- J.Rainscreen system. An exterior cladding infrastructure that sites away from a building’s outside wall’s weather-resistant barrier, creating an air cavity directly behind the cladding that helps protect the buildings important weather-resistant barrier. The air cavity allows any moisture that may pass by the cladding to easily drain away from the buildings and allows the air that flows between the cladding and the wall to assist in accelerating evaporation of any residual moisture.
- K.Thin veneer fired clay brick. A system of clay bricks that are thinner and installed as a veneer with the building structural support coming from the wall it is adhered to.
- L.Metal wall panel systems, insulated, or rainscreen assemblies with hidden fasteners. Systems of panels with steel skins and insulating foam core that is factory-assembled and connected to the building frame by hidden fasteners.
- M.Manufactured or cast stone. A precast building stone made of a mix of coarse and fine aggregates that is molded to resemble natural cut stone. Materials include but are not limited to natural sands, granite, limestone, marble, Portland cement, and quartz.
- N.Wood. Includes exposed heavy timbers and soffits or cross laminated timber.
- O.Translucent wall panel systems. Panels made of cellular polycarbonate that allow diffused light into the building.
Effective on: 5/1/2023
Building official.
18.
Building official. The person or persons charged with the administration and enforcement of the building and property maintenance codes as adopted by the City.
Effective on: 5/1/2023
Building permit.
19.
Building permit. A permit issued by the building official authorizing the erection, construction, reconstruction, alteration, repair, conversion, or maintenance of any building, structure, or portion thereof.
Effective on: 5/1/2023
Building, multi-tenant.
20.
Building, multi-tenant. A building with spaces for two (2) or more tenants.
Effective on: 5/1/2023
Buffer.
21.
Buffer. A landscaped area, wall, or other structure intended to separate or partially obstruct the view between two (2) adjacent zoning districts, land uses, or properties from one another.
Effective on: 5/1/2023
Caliper.
22.
Caliper. A caliper is the American Association of Nurserymen standard for trunk diameter measurement. The measurement is taken six inches above the ground up to and including 4-inch diameter, and 12 inches above the ground for larger sizes. This avoids the larger mass sometimes caused by surface roots in mature trees.
Effective on: 5/1/2023
Capital improvement.
23.
Capital improvement. Includes parks planning, land acquisition, site improvements, buildings, and equipment but excludes maintenance and operation.
Effective on: 5/1/2023
Centerline, public thoroughfare.
24.
Centerline, public thoroughfare. The line running parallel with the thoroughfare right-of-way boundaries and which is half the distance between the extreme edges of the official right-of-way width.
Effective on: 5/1/2023
Canopy.
25.
Canopy. A permanent roofed structure, including marquees and awnings, attached to and supported by a building and projecting over private property, or over public property.
Effective on: 5/1/2023
Certificate of occupancy.
26.
Certificate of occupancy. A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all applicable regulations.
Effective on: 5/1/2023
Certified survey.
27.
Certified survey. A sketch, plan, map or other exhibit bearing a written statement of its accuracy of conformity to specified surveying standards which is signed and sealed by a registered surveyor.
Effective on: 5/1/2023
Channel.
28.
Channel. A natural or artificial watercourse of perceptible extent, with a definite bed and definite banks to confine and to conduct continuously or periodically flowing water.
Effective on: 5/1/2023
City Council.
29.
City Council. The Johnston City Council.
Effective on: 5/1/2023
Clear-cutting.
30.
Clear-cutting. The indiscriminate removal of tree, shrubs, or undergrowth with the intention of preparing real property for development purposes. This definition does not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations.
Effective on: 5/1/2023
Clearing or cleared.
31.
Clearing or cleared. Any intentional, unintentional or negligent act that results in the cutting, removal of all or a substantial part of, or damage to a tree or other vegetation that will cause the tree or other vegetation to decline and/or die. Such acts shall include (but are not limited to):
- A.Damage inflicted upon the root system;
- B.The application of substances toxic to trees and other vegetation;
- C.The operation of equipment and vehicles;
- D.The storage of temporary structures and materials, including materials used for building and construction; or
- E.The changing of the natural grade due to the unapproved alteration of natural physical conditions.
Effective on: 5/1/2023
Commercial vehicle.
32.
Commercial vehicle. A vehicle used for commercial purposes, including motorized cars, trucks, vans, and trailers, which clearly identify the business entity which owns/operates the vehicle.
Effective on: 5/1/2023
Complex.
33.
Complex. A planned, coordinated development of a tract of land with two or more separate buildings. Such development is planned, designed, and constructed on an integrated and coordinated basis with special attention given to the master planning of on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
Effective on: 5/1/2023
Comprehensive Plan.
34.
Comprehensive Plan. The Comprehensive Plan for the City of Johnston which sets forth the City’s long-range plans for land use, transportation, municipal utilities, City expansion, management and development policies to guide the City’s growth and from which the City’s zoning regulations are based.
Effective on: 5/1/2023
Contiguous.
35.
Contiguous. Next to, abutting, or touching and having a common boundary.
Effective on: 5/1/2023
Deck.
36.
Deck. An unroofed platform, unenclosed except by a railing, which is attached to the ground and/or another structure.
Effective on: 5/1/2023
Detention.
37.
Detention. The holding of stormwater runoff for a short period of time before releasing it to the natural water course.
Effective on: 5/1/2023
Developer.
38.
Developer. Any person, individual, firm, partnership, association, corporation, estate, trust or other entity engaging in or proposing to engage in a subdivision of land or a manmade change to improved or unimproved real estate within the City.
Effective on: 5/1/2023
Development.
39.
Development. Any subdivision of land or manmade change to improved or unimproved real estate within the City, including but not limited to the construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
Effective on: 5/1/2023
Drive aisle.
40.
Drive aisle. A circulation route for vehicular traffic through a parking lot or property which is used exclusively for the maneuvering of motor vehicles.
Effective on: 5/1/2023
Driveway.
41.
Driveway. A privately owned roadway giving access from a public street to a parking space, building, or abutting property.
Effective on: 5/1/2023
Driveway, shared.
42.
Driveway, shared. A driveway serving no more than four (4) properties via a common easement.
Effective on: 5/1/2023
Easement.
43.
Easement. A granted right by a land owner to a person, government agency, or public utility company to use land owned by another for a specific purpose.
Effective on: 5/1/2023
Electric vehicle charging station (EVCS).
44.
Electric vehicle charging station (EVCS). A public or private parking space that is served by batter charging station equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.
Effective on: 5/1/2023
Erosion.
45.
Erosion. The wearing away of ground surface.
Effective on: 5/1/2023
Excavate or excavation.
46.
Excavate or excavation. Any land-disturbing activity by which organic matter, earth, sand, gravel, rock, trees, vegetation, or other ground cover is cleared, graded, cut into, dug, quarried, uncovered, removed, displaced, relocated or moved, and includes the conditions resulting therefrom.
Effective on: 5/1/2023
Façade.
47.
Façade. A face of a building.
Effective on: 5/1/2023
Fence.
48.
Fence. An artificially constructed barrier erected to enclose, screen, or separate areas.
Effective on: 5/1/2023
Fill.
49.
Fill. Any land-disturbing activity by which earth, sand, gravel, rock or other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved to a new location and includes the conditions resulting therefrom.
Effective on: 5/1/2023
Fixture.
50.
Fixture. Outdoor artificial illuminating device, lamp, or other device, permanent or portable, used for illumination or advertisement. The fixture includes the hardware that houses the illumination source and to which the illumination source is attached including, but not limited to, the hardware casing.
Effective on: 5/1/2023
Floor.
51.
Floor. The lower horizontal surface of a hollow structure, story or room, or the horizontal structure which separates stories in a building.
Effective on: 5/1/2023
Floor area.
52.
Floor area. The gross horizontal area of all floors of a building or portion thereof measured to the outside surface of exterior walls or the centerline of walls to attached buildings or uses. It does not include garages, porches, balconies and other appurtenances. Space in the basement or cellar and all other space shall be included as floor area if habitable and used for a principal or accessory use permitted in the zone in which the building is located.
Effective on: 5/1/2023
Frontage, building.
53.
Frontage, building. That wall or side of a building which is adjacent and most nearly parallel to a street.
Effective on: 5/1/2023
Frontage, street.
54.
Frontage, street. The lot line adjoining a public street as measured along the street.
Effective on: 5/1/2023
Grade.
55.
Grade. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, alley or other public way, the above ground level shall be measured at the elevation of the sidewalk, alley or public way.
Effective on: 5/1/2023
Grading.
56.
Grading. Any excavating, filling, or combination thereof.
Effective on: 5/1/2023
Grading permit.
57.
Grading permit. The permit required by Section 88.06 of the City Code.
Effective on: 5/1/2023
Hazardous materials.
58.
Hazardous materials. Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.
Effective on: 5/1/2023
Homeowners association.
59.
Homeowners association. A formally constituted non-profit association or corporation made up of the property owners and/or residents of a definitive area; who collectively may take permanent responsibility for costs and upkeep of commonly owned or designated community property.
Effective on: 5/1/2023
Horticultural activity.
60.
Horticultural activity. The cultivation of a garden and landscape installation and maintenance for a single-family residential property. It also includes the commercial operation of an orchard or landscape nursery.
Effective on: 5/1/2023
Household.
61.
Household. The person or persons occupying a dwelling unit.
Effective on: 5/1/2023
Impervious surface.
62.
Impervious surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.
Effective on: 5/1/2023
Improvement, public.
63.
Improvement, public. Any improvement, facility, or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy, or similar essential services.
Effective on: 5/1/2023
Landscaping.
64.
Landscaping. The modification of the landscape for an aesthetic or functional purpose. Landscaping includes the preservation of existing vegetation and the continued maintenance thereof together with grading and installation of new planting materials.
Effective on: 5/1/2023
Light trespass.
65.
Light trespass. Light that falls beyond the property it is intended to illuminate.
Effective on: 5/1/2023
Livestock.
66.
Livestock. Animals kept, or raised for use or pleasure including cattle, horses, sheep, goats, swine, and similar hoofed animals. This definition excludes domestic animals.
Effective on: 5/1/2023
Loading space.
67.
Loading space. Any off-street space or berth on the same lot with a building or contiguous to a group of building, for the temporary parking (less than 24 hours) for a commercial vehicle while loading or unloading merchandise or materials.
Effective on: 5/1/2023
Loading space, passenger.
68.
Loading space, passenger. An off-street space on the same lot as a building or group of buildings for the temporary parking (less than 10 minutes) of a vehicle for the purposes of allowing passengers to get in or out of a vehicle.
Effective on: 5/1/2023
Lot of record.
69.
Lot of record. Any validly recorded lot which at the time of its recording complied with all applicable laws, ordinances or regulations.
Effective on: 5/1/2023
Lot.
70.
Lot. A parcel of land having fixed boundaries and identified by number or letter designation on a survey or subdivision plat.
- A.Lot, corner. A lot abutting two (2) or more streets at their intersection.
- B.Lot, double frontage. A lot, other than a corner lot, with frontage on more than one (1) street which does not intersect one another. Also known as a “through lot.”
- C.Lot, flag. A lot with access provided to the bulk of the lot by means of a narrow corridor which does not meet the minimum permitted lot width requirements at the minimum setback distance from the public street.
- D.Lot, interior. A lot having frontage on but one (1) street.
- E.Lot, key. A lot so subdivided as to have its side lines coincide with the rear lot lines of adjacent lots on either or both sides of the aforesaid key lots.
- F.Lot, nonconforming. A lot which lawfully existed prior to the adoption, revision, or amendment of this Ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the new district regulation in which it is located.
- G.Lot, outlot. A parcel of land having fixed boundaries and being identified by number or letter designation on a survey or subdivision plat and not to be used for building purposes having been set aside for future development, subdividing, or open space.
- H.Lot, postage stamp. A lot arrangement typically within an owner’s association where individual lots define the area around the perimeter of an individual unit and there is a common lot for the remainder of the yard area.
- I.Lot, street. A parcel of land having fixed boundaries and identified by number or letter designation on a survey or subdivision plat and dedicated for use as a street.
Effective on: 5/1/2023
Lot area.
71.
Lot area. The area, exclusive of streets or other public rights-of-way, within the boundary lines of a legal lot of record.
Effective on: 5/1/2023
Lot line.
72.
Lot line. A line dividing one lot from another lot or from a street or alley.
- A.Front: The line which adjoins a public street. In the case of a corner lot, it shall be the shortest dimension on a public street or as designated by the Zoning Administrator based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration of the property and taking into consideration the characteristics of surrounding properties.
- B.Rear: The boundary which is opposite and most distant from the front lot line. In case of an interior triangular or gore-shaped lot, it shall mean a straight line 10 feet in length which is parallel to the front lot line or its cord, and intersects the two (2) other lot lines at points most distant from the front lot line.
- C.Side: Any lot line not a front lot line or a rear lot line.
Effective on: 5/1/2023
Lot width.
73.
Lot width. The horizontal distance between the side lot lines as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front yard setback.
Effective on: 5/1/2023
Master plan.
74.
Master plan. A schematic plan for a unified, coordinated planned unit development of a tract of contiguous land which is designed in an integrated and coordinated basis showing streets, water lines and appurtenances, sanitary sewers and appurtenances, storm water management facilities and appurtenances, lot boundaries, building locations, parking and loading areas, access drives, landscaping, existing and proposed grades, buffers, and other information as required to properly depict and communicate the proposed utilization and improvement of the property.
Effective on: 5/1/2023
Message board.
75.
Message board. A communication device installed in conjunction with a drive-through facility to display the goods and/or services offered to customers using the drive-through facility.
Effective on: 5/1/2023
Modular home.
76.
Modular home. A factory-built structure which is manufactured in compliance with the Iowa State Building Code in components that are brought to the building site for final assembly on a permanent foundation. A modular home shall be considered a single-unit dwelling.
Effective on: 5/1/2023
Open space.
77.
Open space. An area that is intended to provide light and air and which is designed for either environmental, scenic, or recreational purposes.
Effective on: 5/1/2023
Parcel
78.
Parcel or tract. An aliquot part of a section, a lot within an official plat, or a government lot.
Effective on: 5/1/2023
Parking area, satellite.
79.
Parking area, satellite. Off-street parking spaces located on a separate lot not adjoining the principal use for which they are required or associated with, whether in the same ownership as the property occupied by the principal use or leased from a separate owner.
Effective on: 5/1/2023
Parking facility.
80.
Parking facility. Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.
Effective on: 5/1/2023
Parking lot.
81.
Parking lot. An off-street parking facility for the temporary storage of motor vehicles.
Effective on: 5/1/2023
Parking space.
82.
Parking space. An area on a lot and/or within a building intended for the use of parking of a personal vehicle. This term is used interchangeably with parking stall.
Effective on: 5/1/2023
Patron.
83.
Patron. A customer who purchases a commodity or service.
Effective on: 5/1/2023
Performance bond.
84.
Performance bond. A document obligating funds for the purpose of insuring the faithful performance of the construction of improvements.
Effective on: 5/1/2023
Permeable pavement.
85.
Permeable pavement. A surface that allows stormwater runoff to filter through surface voids into an underlying reservoir for temporary storage and/or infiltration.
Effective on: 5/1/2023
Planning and Zoning Commission.
86.
Planning and Zoning Commission. The Johnston Planning and Zoning Commission.
Effective on: 5/1/2023
Plat.
87.
Plat. A map, drawing, or chart representing a proposed subdivision of land submitted by the owner with intent to record.
Effective on: 5/1/2023
Plat of survey.
88.
Plat of survey. A graphical representation of a survey of one (1) or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a licensed professional land surveyor.
Effective on: 5/1/2023
Planned Unit Development (PUD).
89.
Planned Unit Development (PUD). Any development in which the proposed land use, transportation elements, population densities, building arrangement and types are set out in a unified, contiguous plan.
Effective on: 5/1/2023
Privacy panel.
90.
Privacy panel. A fence or screen erected adjacent to or around a selected use or area which is designed to screen the use or area from observation by persons outside its perimeter.
Effective on: 5/1/2023
Private recreational facility.
91.
Private recreational facility. Any recreational facility which is not owned by or dedicated to the city.
Effective on: 5/1/2023
Recreational lighting.
92.
Recreational lighting. Lighting facilities which are used to provide light to recreational areas such as sports fields, tennis courts, or ball parks.
Effective on: 5/1/2023
Recreational vehicle.
93.
Recreational vehicle. A vehicle which is:
- A.Built on a single chassis;
- B.400 square feet or less when measured at the largest horizontal projection;
- C.Designed to be self-propelled or permanently towable by a light duty vehicle; and
- D.Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Effective on: 5/1/2023
Resubdivision.
94.
Resubdivision. Any subdivision of land that has previously been included in a recorded plat. In appropriate context it may be a verb referring to the act of preparing a plat of previously subdivided land.
Effective on: 5/1/2023
Retaining wall.
95.
Retaining wall. A man-made barrier constructed for the purpose of stabilizing soil, retarding erosion, or terracing a parcel or site.
Effective on: 5/1/2023
Right-of-way (ROW).
96.
Right-of-way (ROW). A strip of land occupied or intended to be occupied by a street, walkway, drainageway, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, trail, or other public use.
Effective on: 5/1/2023
Riparian.
97.
Riparian. Any site shall be considered riparian provided any of its lot lines abut on or are contiguous to any body of water, including a creek, canal, lake, river or any other body of water, natural or artificial, not including a swimming pool, whether said lot line is front, rear or side.
Effective on: 5/1/2023
Screening.
98.
Screening. The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, or other features.
Effective on: 5/1/2023
Setback.
99.
Setback. The required minimum horizontal distance permitted between a structure and a lot line, ordinary high-water mark, or right-of-way easement.
- A.Setback, front. The minimum horizontal distance between a structure and the front lot line.
- B.Setback, project perimeter. The minimum horizontal distance between a structure and the most exterior property lines of a subdivision or development project, regardless of the existence of lot divisions within the development itself.
- C.Setback, side corner. The minimum horizontal distance between a structure and a side lot line separating a corner lot from a street.
- D.Setback, side interior. The minimum horizontal distance between a structure and a side lot line separating lots from one another.
- E.Setback, rear. The minimum horizontal distance between a structure and the rear lot line.
Effective on: 5/1/2023
Sewer.
100.
Sewer. All pipes, culverts, channels, manholes, ditches and other structures, appurtenances, or courses, manmade or natural, forming a part of the storm and sanitary sewer systems of the City.
Effective on: 5/1/2023
Shrub.
101.
Shrub. A small perennial bush, having several woody stems that grow from the base, is not tree-like in appearance.
Effective on: 5/1/2023
Sidewalk.
102.
Sidewalk. An improved surface that is typically located adjacent to a roadway.
Effective on: 5/1/2023
Sidewall height.
103.
Sidewall height. The vertical distance from the average ground elevation at the building line to the point where the wall meets the roof truss.
Effective on: 5/1/2023
Site improvements.
104.
Site improvements. All improvements to a site plan in addition to proposed buildings, and including but not limited to utilities, storm water management, parking, loading areas, landscaping, buffers, and free standing signs.
Effective on: 5/1/2023
Site plan.
105.
Site plan. A plan, prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.
Effective on: 5/1/2023
Slope.
106.
Slope. The change in ground elevation between two (2) points.
Effective on: 5/1/2023
Slope, steep.
107.
Slope, steep. A slope exceeding 14 percent.
Effective on: 5/1/2023
Soil.
108.
Soil. Dirt, sand, loam, gravel, rock and other naturally occurring surficial deposits overlying bedrock.
Effective on: 5/1/2023
Special exception.
109.
Special exception. An exception from certain regulations pertaining to uses and development standards as specified in this Ordinance and as granted by the Board of Adjustment.
Effective on: 5/1/2023
Stormwater Management Plan.
110.
Stormwater Management Plan. A plan in compliance with Section 88.09(2)(G).
Effective on: 5/1/2023
Stormwater Management Facility.
111.
Stormwater Management Facility. Permanent structures and/or associated materials including but not limited to landscaping installed pursuant to an approved Stormwater Management Agreement, in accordance with Section 197.01 Improvements Required.
Effective on: 5/1/2023
Stormwater runoff.
112.
Stormwater runoff. Water from rainfall and snow-melt which flows over impervious surfaces.
Effective on: 5/1/2023
Story.
113.
Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a walkout basement is more than five (5) feet above grade such basement is considered a story.
Effective on: 5/1/2023
Street.
114.
Street. A public or private thoroughfare with a right-of-way which is used, or intended to be used, for passage or travel by motor vehicles.
- A.Street, arterial. A street designated in the Comprehensive Plan which serves or is designed to serve large volumes of traffic or to provide for vehicular movement between and among large areas.
- B.Street, collector. A street designated in the Comprehensive Plan which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to an arterial street.
- C.Street, cul-de-sac. A dead-end street being terminated by a vehicular turnaround.
- D.Street, half. A street with half of the required width of the required right-of-way.
- E.Street, local. A local service street used primarily for access to abutting property.
- F.Street, private. A right-of-way open to vehicular ingress and egress established as a separate tract for the common use and benefit of certain, adjacent properties. This definition does not apply to individual driveways.
- G.Street, public thoroughfare. Any right-of-way under the jurisdiction and maintenance of the governmental agencies of the Federal, State or municipal government; which may be used by the public in general, and which may or may not serve as a frontage street to the abutting property.
Effective on: 5/1/2023
Structural alterations.
115.
Structural alterations. Any replacement or changes in the type of construction or in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance.
Effective on: 5/1/2023
Structure.
116.
Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards, sheds, cabins, storage tanks, towers, and other similar uses.
Effective on: 5/1/2023
Structure, accessory.
117.
Structure, accessory. A subordinate structure which is located on the same lot on which the main building or principal structure is situated and is reasonably necessary and incidental to the conduct of the primary or principal use of the building or main use. Clubhouses or other, similar buildings used for recreational uses are considered accessory structures.
Effective on: 5/1/2023
Structure, nonconforming.
118.
Structure, nonconforming. A building or structure existing at the effective date of adoption or amendment of this ordinance which is allowed to lawfully exist, but does not comply with the terms of this Ordinance by reason of restrictions on area, lot coverage, height, setbacks, architecture, or other characteristics of the structure or its location on the lot.
Effective on: 5/1/2023
Structure, principal.
119.
Structure, principal. A structure housing the principal use on a property.
Effective on: 5/1/2023
Subdivider.
120.
Subdivider. The owner or owners of property to be subdivided, or their duly authorized representatives.
Effective on: 5/1/2023
Subdivision.
121.
Subdivision. A subdivision of land is either:
- A.The division of land into three (3) or more tracts, sites or parcels.
- B.Establishment or dedication of a road, highway, street, alley, place or private drive through a tract of land regardless of area.
- C.Resubdivisions or replats of land heretofore divided or platted into lots, sites or parcels; however, the sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, nor place said lots in nonconformance with the provisions of the zoning ordinance or this title, shall not be considered as a subdivision of land.
- D.The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the allocation of land for common use by owners, occupants or leaseholders.
Effective on: 5/1/2023
Substantial damage.
122.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Effective on: 5/1/2023
Substantial improvement.
123.
Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This 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 local code enforcement officer and which are the minimum necessary to assure safe living conditions or (2) any alteration will not preclude the structure’s continued designation as a “historic structure.”
Effective on: 5/1/2023
Tent.
124.
Tent. Any structure or enclosure, the roof or one-half or more of the sides of which are of silk, cotton, canvas, or any light material, either attached to a building or structure, or unattached.
Effective on: 5/1/2023
Topsoil.
125.
Topsoil. The fertile, uppermost part of the soil containing significant organic matter largely devoid of debris and rocks and often disturbed in cultivation.
Effective on: 5/1/2023
Trail.
126.
Trail. A walkway or bikeway designated with a paved surface pathway for travel by means other than by motorized vehicles.
Effective on: 5/1/2023
Travel trailer.
127.
Travel trailer. A recreational vehicle, with or without motive power; designed as a temporary dwelling, not exceeding eight (8) feet in width and forty (40) feet in length, exclusive of separate towing unit. Such vehicles are customarily and ordinarily used for travel or recreational purposes and not used for permanent habitation.
Effective on: 5/1/2023
Tree.
128.
Tree. A woody stemmed plant that has at least one (1) trunk with lateral branching from the main stem(s) occurring a minimum of six (6) inches off the ground.
- A.Tree, deciduous. Deciduous refers to woody plants that lose their leaves during winter months.
- B.Tree, evergreen. Evergreen refers to woody plants that keep their leaves, fronds or needles in the year-round. An evergreen tree is expected to reach 15 feet in height or more and shall not include columnar evergreen species.
- C.Tree, overstory. A deciduous tree whose mature height is more than 30 feet and branch structure provide foliage primarily on the upper half of the tree. The purpose of the canopy tree is to provide shade to adjacent ground areas.
- D.Tree, protected. Protected tree means any established tree within the Johnston City limits having a caliper (diameter) of six-inches or larger.
- E.Tree, street. A tree planted along a street. The tree may be planted within the right-of-way or on private property.
- F.Tree, understory. A tree that does not exceed more than 30 feet in height or crown diameter at maturity and has an ornamental characteristics such as showy flowers, fruit, foliage, or bark. Also called ornamental tree.
Effective on: 5/1/2023
Uniformity ratio.
129.
Uniformity ratio. The ratio between the maximum light level in an area and the average light level throughout the same area.
Effective on: 5/1/2023
Use, accessory.
130.
Use, accessory. A use on the same lot with the principal use, and serving a purpose customarily incidental and subordinate to the principal use.
Effective on: 5/1/2023
Use, nonconforming.
131.
Use, nonconforming. A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.
Effective on: 5/1/2023
Use, principal.
132.
Use, principal. The primary use of land or structures as distinguished from an accessory use.
Effective on: 5/1/2023
Variance.
133.
Variance. A modification of the specific regulations of this Ordinance granted by resolution of the Board of Adjustment.
Effective on: 5/1/2023
Wall area.
134.
Wall area. The area of one (1) wall of a building, inclusive of windows.
Effective on: 5/1/2023
Waterway.
135.
Waterway. A channel through which water runs.
Effective on: 5/1/2023
Yard.
136.
Yard. An open space on the same lot with a building or structure unoccupied and unobstructed by any portion of a structure from 30 inches above the general ground level of the graded lot upward, provided however that fences, walls, signs, poles, post, and other customary yard accessories, ornaments, and furniture more than 30 inches in height may be permitted in any yard subject to requirements limiting obstruction of visibility and other provisions of this Ordinance.
- A.Yard, Front. A yard extending across the full width of the lot and measured between the front lot line and the front building line or any projection thereof, other than the projection of the usual uncovered steps or patios.
- B.Yard, Rear. A yard extending across the full width of the lot and measured between the rear lot line and the rear building line or any projections other than usual steps or patios.
- C.Yard, Side. A yard extending from the front yard to the rear yard and measured between the side lot lines and the side building line or any projections other than usual steps or patios.
Effective on: 5/1/2023
Zoning district.
137.
Zoning district. An area or areas of the City, as delineated on the Official Zoning Map, set aside for specific uses with specific regulations and provisions for use and development as defined by this Ordinance.
Effective on: 5/1/2023
Zoning Administrator.
138.
Zoning Administrator. The administrative officer designated or appointed by the City to administer and enforce the regulations contained in this Ordinance.
Effective on: 5/1/2023
Zoning certificate.
139.
Zoning certificate. A written statement issued by the Zoning Administrator authorizing buildings, structures, or uses consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing the provisions of this Ordinance.
Effective on: 5/1/2023
Accessory dwelling unit (ADU).
1.
Accessory dwelling unit (ADU). A self-contained dwelling unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is located within, attached to, or on the same lot as an existing residential dwelling.
Effective on: 5/1/2023
Accessory retail.
2.
Accessory retail. The sale of goods or services located within the same building or on the same lot as the principal use and which supports or is cohesive with the principal use.
Effective on: 5/1/2023
Accessory retail, temporary.
3.
Accessory retail, temporary. The temporary sale of goods or services located within the same building or on the same lot as the principal use.
Effective on: 5/1/2023
Adult establishment.
4.
Adult establishment. Any business that is characterized by, or places a significant emphasis on, providing its patrons with merchandise, services or entertainment that is characterized by an emphasis on the depiction, exposing, describing, discussing of "specified sexual activities" or "specified anatomical areas". For purposes of this definition, Adult Establishments include, without limitation, adult bookstores, adult motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.
- A.Adult art or modeling studio. An establishment or business which provides the services of modeling for the purpose of viewing and/or reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise; provided entrance to such establishment and such services are available only to adults.
- B.Adult artist – body painting studio. An establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude; provided entrance to such establishment and such services are available only to adults.
- C.Adult bath house. An establishment or business which provides the services of baths, including all forms and methods of hydrotherapy; provided entrance to such establishment and such services are available only to adults; and not including such services provided by a medical practitioner or professional physical therapist licensed by the State of Iowa.
- D.Adult book or video store. An establishment or business having as a predominant part of its stock for trade: books, films, magazines, photographs, pictures, videos, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this ordinance); and limited in sale of such sexual materials to adults and not including books, periodicals and videos produced for medical practitioners and educational purposes.
- E.Adult motel. A place of lodging wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing “sex act(s)” or “specified anatomical areas.”
- F.Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still picture or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “sex act(s)” or “specified anatomical areas.”
- G.Adult motion picture theater. An establishment with a capacity of two or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined in this ordinance) for observation by patrons therein.
- H.Adult night club. A night club which provides entertainment with dancers who are wholly or partially nude with specified anatomical areas exposed.
- I.Sexual encounter center. A place provided by any business, agency or person where, for any form of consideration or gratuity, persons who are not all members of the same household, may congregate, assemble or associate for the purpose of engaging in “sex act(s)” or exposing “specified anatomical areas.”
- J.Specified anatomical areas:
- 1Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts, below a point, immediately above the top of the areola; and
- 2Human male genitals in a discernible turgid state, even if completely and opaquely covered.
- K.Specified sexual activities:
- 1Human genitals in the state of sexual stimulation or arousal;
- 2Acts of masturbation, sexual intercourse or sodomy;
- 3Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
Effective on: 5/1/2023
Agriculture.
5.
Agriculture. The use of land for agricultural purposes, including those forms of animal husbandry, apiculture, dairying, farming, floriculture, forestry, groves, horticulture, orchards, poultry husbandry, ranching, and viticulture, as specified herein appropriate for operation in an urban and urbanizing area, and also those necessary accessory uses for packing, treating or storing the produce. The operation of the accessory uses shall be subordinate to that of the normal agricultural activities.
Effective on: 5/1/2023
Agriculture, intensive.
6.
Agriculture, intensive. Uses on farms which include feed lots, hog and cattle farms and poultry operations where animals are tightly confined in buildings or outdoor pens, where less than fifty percent (50%) of the feed is grown on site, and which are not compatible with an urban and urbanizing area.
Effective on: 5/1/2023
Agriculture research and testing facilities.
7.
Agriculture research and testing facilities. The use of land in conjunction with research and marketing of agriculture crop seed. The uses of land and buildings specified herein are intended to be appropriate for operation in an urban and urbanizing area. The uses may include those necessary accessory uses subordinate to the principal use including packing, treating or storing the produce. The operation of the accessory uses may include laboratory, office and greenhouse activities subordinate to the research activity.
Effective on: 5/1/2023
Animal boarding, shelter, or daycare center.
8.
Animal boarding, shelter, or daycare center. Any structure or premises on which more than three (3) small animals, including dogs, cats, rabbits, hamsters, and other animals of a similar nature over six (6) months of age are temporarily or permanently boarded, including animal day care/spa/grooming facilities. A portion of the site may be used for associated retail.
Effective on: 5/1/2023
Animal/veterinary clinic or hospital.
9.
Animal/veterinary clinic or hospital. A facility for the diagnosis, treatment, or hospitalization of small animals, including dogs, cats, rabbits, hamsters, and other animals of a similar nature. The facility may also provide boarding for animals as part of medical services.
Effective on: 5/1/2023
Aquaculture.
10.
Aquaculture. The hatching, raising, and breeding of fish or other aquatic plants or animals for sale or personal use.
Effective on: 5/1/2023
Assisted living facility.
11.
Assisted living facility. A care facility providing personal assistance and health care services. This use includes assisted living facilities and intermediate care facilities for individuals with intellectual disabilities and individuals with mental illness as defined by Iowa Statute.
Effective on: 5/1/2023
Automobile fueling.
12.
Automobile fueling. Any building or premises used for the retail sale of products for the propulsion of motor vehicles, and including such products as fuel oil, gasoline, diesel fuel, electricity, kerosene, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories, and other items customarily associated with the sale of such products.
Effective on: 5/1/2023
Automobile repair and service, major.
13.
Automobile repair and service, major. General repair, rebuilding, or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; or vehicle steam cleaning.
Effective on: 5/1/2023
Automobile repair and service, minor.
14.
Automobile repair and service, minor. Incidental body or fender work or other minor repairs, replacement of parts, and motor service such as oil changes and tire service to passenger cars and trucks not exceed 9,000 pounds gross weight, but not including any operation named under "Automobile repair and service, major," or any other similar thereto.
Effective on: 5/1/2023
Automobile sales.
15.
Automobile sales. Any land or buildings, other than a street, used for the display or sale of new or used motor vehicles or trailers in operable condition. Leasing and service of vehicles are also included in this use.
Effective on: 5/1/2023
Automobile rental.
16.
Automobile rental. Any land or buildings, other than a street, used for the rental of new or used motor vehicles or trailers in operable condition and where no repair or service work is done.
Effective on: 5/1/2023
Bar or drinking place.
17.
Bar or drinking place. An establishment or part of an establishment where more than half of the square footage of the use is devoted to the sale or dispensing of alcoholic beverages for consumption on the premises.
Effective on: 5/1/2023
Bed and breakfast inn.
18.
Bed and breakfast inn. A hotel which has nine (9) or fewer guest rooms as defined by Iowa State Code 137C.
Effective on: 5/1/2023
Boutique hotel.
19.
Boutique hotel. A hotel containing no more than 80 rooms.
Effective on: 5/1/2023
Brewery.
20.
Brewery. A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one-half (½) of one (1) percent alcohol by volume.
Effective on: 5/1/2023
Brewpub.
21.
Brewpub. A restaurant with an accessory brewery.
Effective on: 5/1/2023
Campground or RV park.
22.
Campground or RV park. An area or tract of land upon which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational vehicles, and which is primarily used for recreational purposes and retains an open air or natural character.
Effective on: 5/1/2023
Car Wash.
23.
Car Wash. An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.
Effective on: 5/1/2023
Cemetery.
24.
Cemetery. Land used or intended to be used for the burial of the dead, including mausoleum, columbarium and crematorium when operated in conjunction with and within the boundary of such cemetery.
Effective on: 5/1/2023
Central utility plant or electrical generator.
25.
Central utility plant or electrical generator. A system or device that converts mechanical energy into electrical power.
Effective on: 5/1/2023
Child care center.
26.
Child care center. A facility providing child care or preschool services for seven (7) or more children, except when the facility is registered as a child development home.
Effective on: 5/1/2023
Child care home.
27.
Child care home. A person or program providing child care to any of the following children at any one time that is not registered to provide child care under Iowa Code chapter 237A, as authorized by Iowa Code section 237A.3:
- A.Five (5) or fewer children.
- B.Six (6) or fewer children, if at least one of the children is school-aged.
Effective on: 5/1/2023
Child development home.
28.
Child development home. A person or program registered under Iowa Code section 237A.3A that may provide child care for up to seven (7) children at any one time.
Effective on: 5/1/2023
Clinic.
29.
Clinic. A facility used primarily for the provision of outpatient medical, dental, chiropractic, therapeutic, optometric, or mental health care and treatment.
Effective on: 5/1/2023
Club, lodge, or meeting place.
30.
Club, lodge, or meeting place. A nonprofit association of persons who are bona fide members paying regular dues, with the use of premises being restricted to members and their guests for receptions, social recreation, or other gatherings.
Effective on: 5/1/2023
Commercial ambulance or medical carrier service.
31.
Commercial ambulance or medical carrier service. A commercial facility for the dispatch, storage, and maintenance of emergency medical care vehicles.
Effective on: 5/1/2023
Commercial center, community.
32.
Commercial center, community. Commercial buildings with footprints between 25,000 sq. ft. and 100,000 sq. ft. in size consisting of two (2) or more separate businesses sharing common access, circulation, and pedestrian and parking areas so that a public right-of-way is not needed to get from one business to another. A community commercial center is intended to provide a mix of retail goods and services for members of the Johnston community.
Effective on: 5/1/2023
Commercial center, neighborhood.
33.
Commercial center, neighborhood. Small commercial buildings with footprints no larger than 25,000 sq. ft. in size consisting of two (2) or more separate businesses sharing common access, circulation, and pedestrian and parking areas so that a public right-of-way is not needed to get from one business to another. A neighborhood commercial center is intended to provide limited retail goods and services, such as groceries and restaurants, for nearby business and residential customers.
Effective on: 5/1/2023
Commercial center, regional.
34.
Commercial center, regional. Large commercial buildings in excess of 100,000 sq. ft. consisting of two (2) or more separate businesses sharing common access, circulation, and pedestrian and parking areas so that a public right-of-way is not needed to get from one business to the other. A regional commercial center is intended to provide a larger mix of retail goods and services for residents of and travelers through the larger region.
Effective on: 5/1/2023
Commercial greenhouse, nursery, or garden.
35.
Commercial greenhouse, nursery, or garden. An establishment for the growth, display, and retail sales of trees, shrubs, flowers, and other plants conducted within or without an enclosed building.
Effective on: 5/1/2023
Commercial recreation, indoor.
36.
Commercial recreation, indoor. Indoor facilities operated as a business and which are open to the public for a fee, including but not limited to, billiard parlors, skating rinks, indoor swimming pools, bowling alleys, movie theaters, arcades, dance studios, and other similar businesses. Such businesses may also provide a snack bar, restaurant, retails sales of related items, and other support facilities.
Effective on: 5/1/2023
Commercial recreation, outdoor.
37.
Commercial recreation, outdoor. Land or outdoor facilities operated as a business and which are open to the general public for a fee, including but not limited to, golf courses, outdoor swimming pools, amusement parks, and other similar businesses. Such facility may also provide a snack bar, restaurant, retail sales of related items, and other support facilities.
Effective on: 5/1/2023
Community garden.
38.
Community garden. A piece of land gardened or cultivated by a group of people individually or collectively.
Effective on: 5/1/2023
Conference or convention center.
39.
Conference or convention center. A facility used for conventions, conferences, seminars, product displays, and other similar events, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.
Effective on: 5/1/2023
Construction contractor yard.
40.
Construction contractor yard. A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials customarily required in the building trades by a construction contractor.
Effective on: 5/1/2023
Construction-related temporary use.
41.
Construction-related temporary use. A temporary use or structure related to construction activities on the same site. This use may consist of construction-related trailers, mobile structures used for construction offices and storage, batch plans, and temporary offices to replace permanent facilities being reconstructed.
Effective on: 5/1/2023
Continuing care facility.
42.
Continuing care facility. A residential facility or complex which provides more than one type of senior living choice, from independent living to long‐term care, with a goal of helping residents to age in place.
Effective on: 5/1/2023
Cylinder recharging.
43.
Cylinder recharging. A process whereby gas canisters (propane, etc.) are refilled or recharged.
Effective on: 5/1/2023
Distillery.
44.
Distillery. A facility that produces ethyl alcohol, hydrated oxide of ethyl, sprits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for non-industrial use.
Effective on: 5/1/2023
Drive-through facility.
45.
Drive-through facility. A building opening, mechanical devices, and/or other structures used to allow for the purchase of products, food or services without leaving one's motor vehicle.
Effective on: 5/1/2023
Dwelling.
46.
Dwelling. Any building or portion thereof which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home, shall be designed to be placed on, supported by and attached to a continuous perimeter foundation, which shall be permanent and constructed in accordance with the Johnston Building Code.
Effective on: 5/1/2023
Dwelling, apartment.
47.
Dwelling, apartment. A multi-unit residential building that consists of side-by-side or stacked dwelling units on one (1) lot and typically with a shared common entrance. A small apartment dwelling has between five (5) and 12 units per building, while a large apartment dwelling has 13 or more units per building.
Effective on: 5/1/2023
Dwelling, apartment mixed use.
48.
Dwelling, apartment mixed use. A dwelling unit that is within a building that also contains a non-residential use permitted in that zone.
Effective on: 5/1/2023
Dwelling, attached two-unit (twinhome).
49.
Dwelling, attached two-unit (twinhome). A residence designed for or occupied by two (2) households only, where the units share at least one (1) common wall and each unit is on its own individual parcel.
Effective on: 5/1/2023
Dwelling, detached courtyard cottage.
50.
Dwelling, detached courtyard cottage. A development of a cluster of multiple individual detached dwelling structures arranged around a shared courtyard or open space that is typically perpendicular to the street; the shared courtyard takes the place of individual rear yards.
Effective on: 5/1/2023
Dwelling, manufactured home.
51.
Dwelling, manufactured home. A factory-built structure, which is manufactured or constructed under the authority of 42 U.S.C. §5403 and is to be used as a place for human habitation, but which is not constructed or equipped 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.
Effective on: 5/1/2023
Dwelling, townhouse.
52.
Dwelling, townhouse. A single residential unit which is located within a larger residential structure containing three (3) or more units and which is separated from the adjoining dwelling unit(s) by at least one (1) common wall. Each dwelling unit may be located on its own individual lot or on a common lot containing all of the attached units. Each dwelling unit shall have separate and individual entrances. A small townhouse dwelling has between three (3) and four (4) units, while a large townhouse dwelling has between five (5) and eight (8) units.
Effective on: 5/1/2023
Dwelling, three- or four-unit.
53.
Dwelling, three- or four-unit. A single residential structure on a single lot which is designed for the occupancy of three (3) or four (4) households living independently of one another; the units may share a common entrance or have individual entrances.
Effective on: 5/1/2023
Dwelling, two-unit (duplex).
54.
Dwelling, two-unit (duplex). A residence designed for or occupied by two (2) households only, with both units on one (1) parcel.
Effective on: 5/1/2023
Dwelling, single-unit.
55.
Dwelling, single-unit. A detached residence designed for or occupied by one household only.
Effective on: 5/1/2023
Dwelling unit.
56.
Dwelling unit. A room or group of rooms which are arranged, designed, or used as a dwelling for the occupancy of one (1) or more persons containing sleeping, bathroom, and kitchen facilities.
Effective on: 5/1/2023
Electrical substation.
57.
Electrical substation. A part of an electrical generation, transmission, and distribution system in which voltage is transformed from high to low or the reverse, the type of current is changed, current is gathered from distributed power generation facilities, such as wind turbines or photovoltaic panels, current is switched to back-up lines, or circuits are parallelized in case of failure.
Effective on: 5/1/2023
Essential services.
58.
Essential services. Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal system including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.
Effective on: 5/1/2023
Explosive manufacture or storage.
59.
Explosive manufacture or storage. The storage or manufacture of fireworks or other explosives.
Effective on: 5/1/2023
Extraction of sand, gravel, or other materials.
60.
Extraction of sand, gravel, or other materials. A use involving on-site extraction of surface or subsurface mineral products or natural resources. Specifically excluded from this use is grading and removal of dirt and other materials associated with an approved project or excavations associated with a bona fide agricultural use.
Effective on: 5/1/2023
Financial institution.
61.
Financial institution. An establishment where the principal business is the receipt, disbursement, or exchange of funds and currencies, such as banks or credit unions.
Effective on: 5/1/2023
Fireworks sales.
62.
Fireworks sales. The sale of fireworks and related merchandise.
Effective on: 5/1/2023
Food/beverage stand.
63.
Food/beverage stand. A temporary structure used for the display and sale of prepared food and beverages.
Effective on: 5/1/2023
Funeral home.
64.
Funeral home. A building or part thereof used for human funeral services. Such building may contain space and facilities for: a) embalming and the performance of other services used in preparation of the dead for burial; b) the performance of autopsies and other surgical procedures; c) the storage of caskets, urns, and other related funeral supplies; d) the storage of funeral vehicles; e) facilities for cremation; and f) a funeral chapel or other area used for the performance of funeral ceremonies, mourning, and viewing of the deceased.
Effective on: 5/1/2023
Garden center.
65.
Garden center. A place of business where retail and wholesale products and produce are sold. The items sold may include, but is not limited to plants, nursery products, potting soil, and gardening tools and utensils.
Effective on: 5/1/2023
Greenhouse.
66.
Greenhouse. A private building or structure constructed chiefly of glass, glasslike or translucent material which is devoted to the protection or cultivation of flowers or other tender plants.
Effective on: 5/1/2023
Handicraft and/or artisanal services.
67.
Handicraft and/or artisanal services. Services by which goods are produced by hand. These services may include but are not limited to: woodworking, metalsmithing, candle making, cabinet or furniture making, and glass blowing.
Effective on: 5/1/2023
Health club.
68.
Health club. An establishment exceeding 20,000 square feet in size which provides physical fitness facilities and services to the public for a fee, including but not limited to; game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness maintenance and weight control services and instructors, locker rooms, saunas and associated retail shop intended for members of the club only.
Effective on: 5/1/2023
Home occupation.
69.
Home occupation. A business, profession, occupation or trade conducted for gain or support as an accessory use entirely within a dwelling, or a structure, which is clearly incidental and secondary to the residential use of the premises and does not change the essential residential character of such premises.
Effective on: 5/1/2023
Hospital.
70.
Hospital. An institution licensed by State law providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
Effective on: 5/1/2023
Hotel or motel.
71.
Hotel or motel. A building containing six (6) or more guest rooms in which lodging is provided and offered to the public on a temporary basis for compensation, and which is open to transient guests, in contrast to a boarding house or rooming house.
Effective on: 5/1/2023
Keeping of bees.
72.
Keeping of bees. The keeping of bees in a hive.
- A.Apiary. The assembly of one (1) or more colonies of bees at a single location.
- B.Colony. An aggregate of bees consisting principally of workers, but having, when perfect, one (1) queen and at times drones, brood, combs, and honey.
- C.Hive. The receptacle inhabited by a colony that is manufactured for that purpose.
Effective on: 5/1/2023
Laboratory.
73.
Laboratory. A facility involved in scientific research, investigation, testing, or experimentation, but not including manufacture or sale of products, except as incidental to the main purpose of the laboratory.
Effective on: 5/1/2023
Large standalone store, retail or service.
74.
Large standalone store, retail or service. A detached structure over 50,000 square feet in gross floor area where goods or services are sold.
Effective on: 5/1/2023
Live/Work unit.
75.
Live/Work unit. A building or space within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Effective on: 5/1/2023
Lumber yard.
76.
Lumber yard. An area used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication or lumber, lumber products, or firewood.
Effective on: 5/1/2023
Machine shop.
77.
Machine shop. A workshop where machines, machine parts, or other metal products are fabricated. Typical uses include machine shops, welding shops, and sheet metal shops.
Effective on: 5/1/2023
Makerspace.
78.
Makerspace. An establishment where hand-tools, mechanical tools and electronic tools are shared or individually used for the manufacture of artisan finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to: electronic goods; food and bakery products; non-alcoholic beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; and paper manufacturing.
Effective on: 5/1/2023
Manufactured home community.
79.
Manufactured home community. Any lot or portion of lot upon which 10 or more occupied manufactured homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, or enclosure used or intended for use as part of the equipment of the land-leased community. A manufactured home community shall not be construed to include homes, buildings, or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students.
Effective on: 5/1/2023
Manufacturing, heavy.
80.
Manufacturing, heavy. An establishment or use of land that manufactures, assembles, or fabricates using processes that generally create odor, noise, vibration, illumination or particulates that may impact surrounding properties. This category shall also include any use of land that needs large outdoor structures or storage that cannot be incorporated into the building. Examples include, but are not limited to the following: large-scale food and bottling operations; lumber, milling and planning facilities; grain milling; gas manufacture, aggregate, concrete, and asphalt plants; foundries, forge shops, and other intensive metal fabrication; and chemical manufacturing.
Effective on: 5/1/2023
Manufacturing, light.
81.
Manufacturing, light. An establishment or use of land for the assembly or processing of previously processed components or manufactured parts using processes that do not create significant amounts of noise, vibration, illumination, or particulates that may impact surrounding properties. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples include but are not limited to the following: food; pharmaceuticals; clothes; furniture (where wood is milled off-site); hardware; toys; light sheet metal products; mechanical components; printing; small vehicle assembly; and computer software.
Effective on: 5/1/2023
Mobile food unit.
82.
Mobile food unit. A food establishment that is located in or upon a self-propelled vehicle licensed by the State and remaining in one place for no more than three (3) days, containing a mobile kitchen where food and non-alcoholic beverages are stored, prepared, and served in individual portions to walk-up customers.
Effective on: 5/1/2023
Mobile home.
83.
Mobile home. Factory built housing without motive power and built on a chassis for conveyance upon highways or public streets, or waterways; so designed and so constructed as to permit occupancy thereof as a place of human habitation for one or more persons. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall 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, if such mobile home has not been converted to property tax assessable real estate in accordance with Chapter 435 of the Code of Iowa. A mobile home is not built to a mandatory building code, contains no state or federal seals, and was built before June 15, 1976, the date that the U.S. Housing and Urban Development (HUD) building code regulations were enacted. Nothing in this Ordinance shall be construed as permitting a mobile home in other than an approved mobile home park.
Effective on: 5/1/2023
Mobile home park.
84.
Mobile home park. Any lot or portion of lot upon which two (2) or more mobile homes occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations.
Effective on: 5/1/2023
Nature preserve/conservation area.
85.
Nature preserve/conservation area. Any area or parcel of undeveloped land which remains in its natural state for perpetuity through deeds or other legal means.
Effective on: 5/1/2023
Neighborhood wellness, fitness, or exercise facility.
86.
Neighborhood wellness, fitness, or exercise facility. An establishment not exceeding 20,000 square feet in size which provides physical fitness facilities and services to the public for a fee, including but not limited to; exercise equipment, exercise areas, physical fitness maintenance and weight control services and instructors, locker rooms, and associated retail shop intended for members of the facility only.
Effective on: 5/1/2023
Nursing facility.
87.
Nursing facility. A facility that provides health‐related care and services, including rehabilitation for persons requiring nursing care and other services, in addition to room and board. This use includes nursing facilities and skilled nursing facilities as defined by Iowa Statute.
Effective on: 5/1/2023
Office.
88.
Office. An establishment used primarily for conducting the predominantly administrative or clerical service affairs of a business, profession, service, industry or government, or like activity. This use may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child care facilities.
Effective on: 5/1/2023
Off-site service business.
89.
Off-site service business. Any establishment including but not limited to plumbing, installation, electrical, or IT services where services are rendered off of the premises of the primary business location.
Effective on: 5/1/2023
Outdoor seating.
90.
Outdoor seating. An outdoor area for seating for events, dining, or a service establishment.
Effective on: 5/1/2023
Outdoor display.
91.
Outdoor display. An outdoor arrangement of the products a business sells outside of the building the business occupies.
Effective on: 5/1/2023
Outdoor storage.
92.
Outdoor storage. The storage of personal or business property for a period greater than 24 hours outside of an enclosed building.
Effective on: 5/1/2023
Park.
93.
Park. Any public or private land reserved for active and passive recreation intended for the private use of the residents or the community including tot-lots, playgrounds, neighborhood parks, play fields, and special purpose areas. This use includes related accessory buildings and structures. The term park is not intended to include private or public amusement parks, permanent carnivals, or similar type activities.
Effective on: 5/1/2023
Place of worship.
94.
Place of worship. Building(s) or structure(s) which by design, construction, and/or adaptation are primarily intended for the conducting of organized religious services and associated accessory uses. This definition must be interpreted in a manner consistent with the First Amendment requirement to respect the establishment of religion and the free exercise thereof.
Effective on: 5/1/2023
Produce stand.
95.
Produce stand. A temporary structure used for the display and sale of raw fruits and vegetables.
Effective on: 5/1/2023
Recreation facility, public.
96.
Recreation facility, public. An indoor or outdoor public complex or destination designed and equipped for the conduct of sports and leisure-time activities. This facility may include swimming pools, tennis courts, or other similar uses associated with a designated recreation area. This use includes related accessory buildings and structures.
Effective on: 5/1/2023
Recreational amenity, private.
97.
Recreational amenity, private. A private area or facility intended to serve the recreational needs of a specific residential population. Private recreational amenities include those amenities that can be counted towards a development's usable open space requirement including but not limited to: tennis courts, walking trails, basketball courts, or playground equipment. Clubhouses or other buildings are not included.
Effective on: 5/1/2023
Remote work.
98.
Remote work. A flexible work arrangement under which an employee may perform the duties and responsibilities of such employee’s position at a residence within or outside the local commuting area of the employer’s worksite.
Effective on: 5/1/2023
Residential care facility.
99.
Residential care facility. A care facility providing personal care and assistance with daily living activities to individuals who by reason of physical or mental infirmity are unable to sufficiently care for themselves. This use includes residential care facilities, elder group homes, and family homes as defined by Iowa Statute.
Effective on: 5/1/2023
Residential swimming pool.
100.
Residential swimming pool. An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 48 inches located above or below the surface of ground elevation.
Effective on: 5/1/2023
Restaurant.
101.
Restaurant. An establishment where food and drink are prepared and served for human consumption, principally within the establishment or for take-out to be consumed off-premises. Alcohol sales may be permitted with this use. This use includes sit-down and fast casual establishments.
Effective on: 5/1/2023
Restaurant, drive-in.
102.
Restaurant, drive-in. A drive-in establishment where food and drink are served to the public, principally for consumption on the premises outside of the principal structure.
Effective on: 5/1/2023
Rooming and boarding house.
103.
Rooming and boarding house. A residential structure that provides lodging with more than one (1) guest room, with or without meals, is available for permanent occupancy, and may or may not make provision for cooking in the rooms occupied by paying guests. The definition does not include assisted living residential facilities.
Effective on: 5/1/2023
School, elementary or secondary.
104.
School, elementary or secondary. A building used for the purpose of public or private elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Iowa, and not providing residential accommodations.
Effective on: 5/1/2023
School, postsecondary.
105.
School, postsecondary. A structure used for the purpose of public or private post-secondary education.
Effective on: 5/1/2023
Scrap, salvage, or junk yard.
106.
Scrap, salvage, or junk yard. Any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of scrap, waste, reclaimable material or debris.
Effective on: 5/1/2023
Seasonal roadside stand.
107.
Seasonal roadside stand. A direct marketing operation that utilizes a temporary structure or temporarily utilizes part of a permanent structure which is not fully enclosed and is to be used seasonally.
Effective on: 5/1/2023
Shooting range, indoor.
108.
Shooting range, indoor. An enclosed building or structure wherein the shooting of firearms is permitted for the practice of marksmanship.
Effective on: 5/1/2023
Short-term vacation rental.
109.
Short-term vacation rental. A dwelling, or portion thereof, that is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days.
Effective on: 5/1/2023
Small-scale solar energy generation system.
110.
Small-scale solar energy generation system. A solar collector or other device mounted on a building, pole, or rack whose primary purpose is to harvest energy by transferring solar energy into another form of energy.
Effective on: 5/1/2023
mall-scale wind energy conversion system (SWECS).
111.
Small-scale wind energy conversion system (SWECS). An electrical generating facility with 5,000 kW nameplate generating capacity or less that consists of a wind turbine, feeder line(s), associated controls and may include a tower.
Effective on: 5/1/2023
Small standalone store, retail or service.
112.
Small standalone store, retail or service. A detached structure under 50,000 square feet in gross floor area where goods or services are sold.
Effective on: 5/1/2023
Specialty food or coffee shop.
113.
Specialty food or coffee shop. An establishment whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g. candy, coffee, ice cream) for consumption on or off premises. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage.
Effective on: 5/1/2023
Stable, commercial.
114.
Stable, commercial. A structure in which horses are sheltered, fed, or kept for sale or hire to the general public. This structure may be either a freestanding principal use or may be counted as an accessory structure.
Effective on: 5/1/2023
Storage facility, personal.
115.
Storage facility, personal. A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
Effective on: 5/1/2023
Storage of gasoline, fuel oil, or their derivatives.
116.
Storage of gasoline, fuel oil, or their derivatives. The underground storage of vehicle engine fuel or its components.
Effective on: 5/1/2023
Storage and sale of machinery and equipment.
117.
Storage and sale of machinery and equipment. The storage and sale of machinery and equipment, including but not limited to trailers, motorcycles, boats, and farm implements.
Effective on: 5/1/2023
Storage yard
118.
Storage yard means the keeping, in an unroofed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours.
Effective on: 5/1/2023
Studio or gallery.
119.
Studio or gallery. An establishment in which works of art are bought, sold, loaned, appraised, or exhibited to the general public.
Effective on: 5/1/2023
Technical training facility.
120.
Technical training facility. A location or facility not intended for public use where individuals or groups of people are taught skills in different technical fields.
Effective on: 5/1/2023
Theater, dance, or music performance facility.
121.
Theater, dance, or music performance facility. A facility used for the production, preparation, and performance of dramatic, dance, musical, or other live performances.
Effective on: 5/1/2023
Truck stop.
123.
Truck stop. A facility providing specialized services to the trucking industry, including but not limited to minor truck repair and service, dispensing of fuel, automated washes, restaurants, and overnight parking and accommodations.
Effective on: 5/1/2023
Truck terminal.
124.
Truck terminal. Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. This use includes the repair and service of vehicles over 9,000 pounds. The terminal facility may include areas for temporary storage of vehicles.
Effective on: 5/1/2023
Vehicle impoundment yard.
125.
Vehicle impoundment yard. Establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles.
Effective on: 5/1/2023
Warehouse and distribution facility, large.
126.
Warehouse and distribution facility, large. The storage of goods or materials within an enclosed building larger than 25,000 square feet as a principal use including packing and crating.
Effective on: 5/1/2023
Warehouse and distribution facility, small.
127.
Warehouse and distribution facility, small. The storage of goods or materials within an enclosed building smaller than 25,000 square feet as a principal use including packing and crating.
Effective on: 5/1/2023
Wellness, fitness, or exercise facility.
128.
Wellness, fitness, or exercise facility. A building or portion of a building not intended for public use where passive or active exercises or related activities are performed for physical fitness and to improve the health of an individual or families.
Effective on: 5/1/2023
Wholesale greenhouse, nursery, or garden.
129.
Wholesale greenhouse, nursery, or garden. An establishment for the growth, display, and wholesale of trees, shrubs, flowers, and other plants conducted within or without an enclosed building.
Effective on: 5/1/2023
Wholesale trade establishment.
130.
Wholesale trade establishment. The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
Effective on: 5/1/2023
Winery.
131.
Winery. A processing facility used for the fermenting and processing of fruit juice into wine; or the refermenting of still wine into sparkling wine.
Effective on: 5/1/2023
Wireless facility.
132.
Wireless facility.
- A.Base station. Any structure or equipment at a fixed location that enables communication between equipment and the network. This term includes but is not limited to equipment associated with wireless communications services such as private, broadcast, and public safety services and unlicensed wireless services and fixed wireless services such as microwave backhaul. This term includes but is not limited to radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. This term includes a structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in this Ordinance that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
- B.Cell site. A tract or parcel of land that contains the wireless communication antenna, its support structure, accessory building(s), and parking and may include other uses associated with and necessary for wireless communication transmission.
- C.Collocation. The mounting or installation of additional transmission equipment on a wireless support structure or tower already in use for the purpose of transmitting or receiving radio frequency signals for communications purposes.
- D.Eligible facilities request. A request for modification of an existing wireless tower or base station, including legal nonconforming structures, that involves collocation, removal, or replacement of transmission equipment, and that does not constitute a substantial change to the tower or base station. This term applies only to towers or base stations for which the state or local government has approved the construction of the structure with the sole or primary purpose of supporting covered transmission equipment, such as existing wireless towers, or where the state or local government has previously decided that the site is suitable for wireless facility deployed and approved the siting of transmission equipment that is part of a base station on that structure, such as other existing support structures. This term includes hardening through structural enhancement where such hardening is necessary for a covered collocation, replacement, or removal of transmission equipment and structural enhancement so long as the modification of the underlying tower or base station is performed in connection with and is necessary to support a collocation, removal, or replacement of transmission equipment, but does not include replacement of the structure upon which the transmission equipment is located.
- E.Macro wireless facility. A wireless facility that is consistent with the terms of the State of Iowa Code Section 8C.2(17). This use may include a base station or tower.
- F.Small wireless facility. A wireless facility that is consistent with the terms of the State of Iowa Code Section 8C.2(12) and which is accessory to a principal use on the site. Micro wireless facilities are included in this definition.
- G.Temporary tower. A tower of any height and its base station that is in place no longer than six (6) months at a given time.
- H.Tower. A structure built for the sole or primary purpose of supporting an antenna and the associated facilities authorized or licensed by the Federal Communications Commission. This term includes structures constructed for wireless communications services, including but not limited to private, broadcast and public safety services and unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site.
- I.Transmission equipment. Equipment that facilitates transmission for a wireless communications service licensed or authorized by the Federal Communications Commission, including but not limited to radio transceivers, antennas, coaxial or fiber optic cable, and regular and backup power supply. This term includes equipment associated with wireless communications services, including but not limited to private, broadcast, and public safety services, such as wireless local area network services and services utilizing a set of specifications developed by the institute of electrical and electronics engineers for interface between a wireless client and a base station or between two (2) wireless clients, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.
- J.Wireless support structure. A structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including but not limited to water towers, buildings, and other structures, whether within or outside the public right-of-way. Wireless support structure does not include a tower or existing base station.
Effective on: 5/1/2023
Backlit sign.
1.
Backlit sign. A sign which is illuminated by an internal light source shining through a translucent surface of a sign.
Effective on: 5/1/2023
Banner sign.
2.
Banner sign. A temporary sign constructed of cloth, flexible plastic, or fabric of any kind which can be easily folded or rolled. Banners do not include those signs which are defined as flags.
Effective on: 5/1/2023
Building sign.
3.
Building sign. Any sign which is in any way attached to a building or an appurtenance of a building. Building signs include wall signs, marquee/awning/canopy signs, window signs, and projecting signs.
Effective on: 5/1/2023
Bulletin board.
4.
Bulletin board. A sign which provides a blank copy area upon which information may be posted. While the sign structure is permanent, the sign copy may be manually changed.
Effective on: 5/1/2023
Electronic message center sign.
5.
Electronic message center sign. A permanent sign capable of displaying words, symbols, figures or images that can be electronically or electrically changed or controlled by remote or automatic means.
Effective on: 5/1/2023
Flag.
6.
Flag. Any fabric or other flexible material typically oblong or square in shape which is designed to be attached to a flagpole on one (1) edge of the flag only.
Effective on: 5/1/2023
Flagpole.
7.
Flagpole. A vertical, ground-mounted structure or a structure attached to a building which is used for the purpose of displaying a flag or flags.
Effective on: 5/1/2023
Flashing lights.
8.
Flashing lights. A sudden or transient outburst of bright light(s); a flood of light briefly appearing and disappearing. A single flash at regular intervals, the duration of light always being less than the duration of darkness.
Effective on: 5/1/2023
Ground sign.
9.
Ground sign. Any sign structure that is self-supporting, placed in the ground, and not affixed to a building.
Effective on: 5/1/2023
Highway oriented monument sign.
10.
Highway oriented monument sign. Any ground sign intended to attract the attention of travelers on State Highway 141 which is supported at the sign's base by a supporting column.
Effective on: 5/1/2023
Interstate oriented monument sign.
11.
Interstate oriented monument sign. Any ground sign intended to attract the attention of travelers on Interstate 35/80 which is supported at the sign's base by a supporting column.
Effective on: 5/1/2023
Manual changeable copy sign.
12.
Manual changeable copy sign. A sign on which copy is changed manually in the field and not controlled by means of electronic devices.
Effective on: 5/1/2023
Marquee.
13.
Marquee. A canopy with rigid material of permanent construction projecting from and supported only by the wall of a building.
Effective on: 5/1/2023
Marquee/Awning/Canopy sign.
14.
Marquee/Awning/Canopy sign. Any sign that is part of or attached to an awning, canopy, marquee, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Effective on: 5/1/2023
Monument sign.
15.
Monument sign. A ground sign where the sign and its encasement and structural trim are fully supported at the sign’s base by its supporting column and where the width of the supporting column is no less than 80 percent of the average width of the sign it supports.
Effective on: 5/1/2023
Obsolete sign.
16.
Obsolete sign. Any sign which advertises an activity, business, product or service no longer conducted on the premises on which the sign is located.
Effective on: 5/1/2023
Off-premise sign.
17.
Off-premise sign. A sign which advertises goods, products, or services which are not sold, manufactured, or distributed on or from the premises or facilities on which the sign is located.
Effective on: 5/1/2023
Panel sign.
18.
Panel sign. A sign where the sign copy is affixed to a larger panel of wood, plastic, cloth, fiberglass, or other materials which is not part of the building's exterior materials, effectively providing a background for the sign copy.
Effective on: 5/1/2023
Permanent sign.
19.
Permanent sign. A sign attached to a building, structure, or the ground which is constructed of durable materials intended for long-term use.
Effective on: 5/1/2023
Pole sign.
20.
Pole sign. A ground sign supported by one or more uprights or supports not attached to, or braced by, any other structure. Pole signs do not have the appearance of a solid base.
Effective on: 5/1/2023
Projecting sign.
21.
Projecting sign. A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.
Effective on: 5/1/2023
Roof sign.
22.
Roof sign. A sign erected upon or above a roof or parapet of a building.
Effective on: 5/1/2023
Sign.
23.
Sign. A communication device and its support structures displaying graphics, symbols, or written copy visible from the public right-of-way and designed to convey or direct a message to the general public.
Effective on: 5/1/2023
Sign area.
24.
Sign area. That area of a sign’s exposed face(s), determined by the Zoning Administrator using actual dimensions where practical, or approximate dimensions when irregularity of a sign shape warrants. Such area shall be measured using one of the formulas in Section 170.05 of this Ordinance.
Effective on: 5/1/2023
Sign copy.
25.
Sign copy. Words, letters, logos, figures, symbols, illustrations, or patterns that form a message or otherwise call attention to a business, product, service, or activity, or to the sign itself.
Effective on: 5/1/2023
Sign face.
26.
Sign face. The entire display surface area of a sign upon, against or through which copy is placed.
Effective on: 5/1/2023
Sign support structure.
27.
Sign support structure. The base, supports, foundations, uprights, bracing and framework upon which a sign face is affixed.
Effective on: 5/1/2023
Temporary sign.
28.
Temporary sign. Any sign or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other materials, with or without frames, intended to be displayed for a short period of time only.
Effective on: 5/1/2023
Vehicle sign.
29.
Vehicle sign. A message, inscription or logo painted, attached, or incorporated on a motor vehicle parked on a property for more than 72 hours which is intended to draw attention to the use on the premises.
Effective on: 5/1/2023
Wall sign.
30.
Wall sign. A building sign which is affixed to the exterior wall of a building and which is parallel to the building wall.
Effective on: 5/1/2023
Window sign.
31.
Window sign. A sign affixed to the interior of a window, embedded in a window, painted on the interior of a window, or hanging adjacent to a window or close to a window and obviously intended to be viewed in part or totally through the window by the public. This term does not include merchandise located in a window.
Effective on: 5/1/2023
Buffer.
1.
Buffer. An area of land adjacent to a stream which is intended to protect the stream from land development activity.
Effective on: 5/1/2023
Existing condition.
2.
Existing condition. The condition of the landscape or built improvement at the time of adoption of this Chapter.
Effective on: 5/1/2023
Floodplain development permit.
3.
Floodplain development permit. A permit issued by the City’s Floodplain Administrator prior to the commencement of any land disturbing activity.
Effective on: 5/1/2023
Land development activity.
4.
Land development activity. The act of altering the stream channel, stream banks and stream buffer areas through any of the following means: clearing; grubbing; filling; grading; tilling; installing utilities including septic tanks or drain fields; construction of buildings, accessory buildings and accessory structures; or the placement of other impermeable surfaces.
Effective on: 5/1/2023
Native vegetation.
5.
Native vegetation. A plant or community of plants that originated in a given geographic area without human involvement or that arrived without intentional or unintentional interventions of humans form an area in which they originally originated.
Effective on: 5/1/2023
Stabilization.
6.
Stabilization. The prevention of soil particles from being dislodged and/or detached as provided for by a means of binding the soil surface in a manner customarily intended to prevent erosion. Seeding alone is not considered stabilization.
Effective on: 5/1/2023
Stream.
7.
Stream. A perennial or intermittent watercourse where excess water from rain, snowmelt, or groundwater accumulates on the ground surface and begins to run downhill.
Effective on: 5/1/2023
Streambank.
8.
Streambank. The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the “ordinary high water mark” as defined by the US Army Corps of Engineers.
Effective on: 5/1/2023
Stream belt width.
9.
Stream belt width. The lateral distance measured perpendicular to the valley between the outside edges of two meanders that occupy opposite sides of the valley. In determining the belt width, a mapping scale of not more than 1” to 5,000’ shall be utilized.
Effective on: 5/1/2023
Stream buffer.
10.
Stream buffer. A vegetated strip of land which lies adjacent to a stream and provides such functions as protecting water quality, providing wildlife habitat and storing flood waters.
Effective on: 5/1/2023
Stream channel.
11.
Stream channel. Part of the stream that contains the continuously or periodic flowing water that is confined by streambanks and a streambed.
Effective on: 5/1/2023
Stream channel centerline.
12.
Stream channel centerline. The midpoint of the main channel of the stream along its length.
Effective on: 5/1/2023
Stream, top of bank.
13.
Stream, top of bank. The intersecting point between the stream channel and the break in the stream bank slope or the highest point of the stream channel.
Effective on: 5/1/2023
Substantial improvement.
14.
Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
- A.Before the improvement or repair is started; or
- B.If the structure has been damaged, and is being restored, before the damage occurred.
Effective on: 5/1/2023
Type 1 stream.
15.
Type 1 stream. Streams which generally have a contributory drainage area of greater than 2 square miles and are identified as having a floodway on the FIRM.
Effective on: 5/1/2023
Type 2 stream.
16.
Type 2 stream. Streams which are identified on the United States Geological Survey seven and one-half minute series topological map as either a solid blue or dashed blue line.
Effective on: 5/1/2023
Type 3 stream.
17.
Type 3 stream. Streams which generally have a minimum contributory drainage area of approximately 50- acres that have been identified through analysis of aerial and topographic maps of the watershed.
Effective on: 5/1/2023
Base flood
1.
Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. (See 100-year flood).
Effective on: 5/1/2023
Base flood elevation (BFE)
2.
Base flood elevation (BFE) means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.
Effective on: 5/1/2023
Enclosed area below lowest floor.
3.
Enclosed area below lowest floor. The floor of the lowest enclosed area in a building when all the following criteria are met:
- A.The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of Chapter 174.06.2.D.(1) of this Ordinance, and
- B.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
- C.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
- D.The enclosed area is not a "basement" as defined in this Chapter.
Effective on: 5/1/2023
Existing condition.
4.
Existing condition. Any structure for which the “start of construction” commenced before the effective date of the community’s Flood Insurance Rate Map. May also be referred to as “existing structure.”
Effective on: 5/1/2023
Five hundred (500) year flood
5.
Five hundred (500) year flood. A flood, the magnitude of which has a two-tenths (0.2) percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every 500 years.
Effective on: 5/1/2023
Flood.
6.
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: 5/1/2023
Flood elevation.
7.
Flood elevation. The elevation floodwaters reach at a particular site during the occurrence of a specific flood. For instance, the 100 year flood elevation is the elevation of flood waters related to the occurrence of the 100 year flood.
Effective on: 5/1/2023
Flood insurance rate map (FIRM).
8.
Flood insurance rate map (FIRM). The official map prepared by the Federal Insurance Administration 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 community.
Effective on: 5/1/2023
Flood insurance study (FIS).
9.
Flood insurance study (FIS). A report published by FEMA for a community issued along with the community’s Flood Insurance Rate Map(s). The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.
Effective on: 5/1/2023
Floodplain.
10.
Floodplain. A land area susceptible to being inundated by water as a result of a flood.
Effective on: 5/1/2023
Floodplain basement.
11.
Floodplain basement. Any enclosed area of a building which has its floor or lowest level (subgrade) on all sides. (Also see “lowest floor.”)
Effective on: 5/1/2023
Floodplain management.
12.
Floodplain management. An overall program of corrective and preventive measures for reducing flood damages 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: 5/1/2023
Flood profile.
13.
Flood profile. A graph showing longitudinal sections of a designed waterway and the relationship of the water surface elevation of a flood event to any location along the watercourse.
Effective on: 5/1/2023
Floodproofing.
14.
Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.
Effective on: 5/1/2023
Floodway.
15.
Floodway. The channel of a river stream or other water course and those portions of the flood plain adjoining the channel, which are required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels or flow velocities cumulatively increase the water surface elevation or the base flood by more than one (1) foot.
Effective on: 5/1/2023
Floodway fringe.
16.
Floodway fringe. Those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flood velocities.
Effective on: 5/1/2023
Freeboard
17.
Freeboard means a safety factor indicating the height above a projected flood occurrence level to which a levy or floodwall is constructed.
Effective on: 5/1/2023
Lowest floor.
18.
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: 5/1/2023
Maximum damage potential uses.
19.
Maximum damage potential uses. Hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use.
Effective on: 5/1/2023
New construction.
20.
New construction. Those structures or development for which the start of construction or installation commenced on or after the effective date of this ordinance of the Flood Insurance Rate Map.
Effective on: 5/1/2023
One hundred year flood.
21.
One hundred year flood. A flood, the magnitude of which has a one percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every 100 years.
Effective on: 5/1/2023
Special flood hazard area (SFHA)
22.
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: 5/1/2023
Violation.
23.
Violation. The failure of a structure or other development to be fully compliant with the community’s flood plain management regulations.
Effective on: 5/1/2023