For the purposes of this Code and in order to carry out the provisions contained herein, certain words, terms, and phrases are to be interpreted as defined herein. The word “lot” includes the word “plot” or “parcel.” The phrase “used for” will include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.” The following words, terms, and phrases are hereby defined as follows and will be interpreted as such throughout these regulations unless otherwise modified herein. Terms not herein defined will have the meaning customarily assigned to them.

1.   Words beginning with “A.”

   A.   “Accessory building, structure or use” means a building, structure, or use which is secondary or subordinate to the principal building or use on the same or immediately adjacent lot which does not alter or change the character of the premises. Examples of accessory uses, buildings or structures are private garages, storage sheds, playhouses, swimming pools, large satellite antennas, parking lots, animal exercise areas, driveways, fences, walls, hedges, trees, retaining walls, mailboxes, etc., and structures or uses of a like nature. (Also see Section 170.51)

   B.   “Adult” means persons who have attained the age of 18 years.

   C.   “Adult amusement or entertainment” means an amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment which are not subject to State and local liquor laws or regulations.

   D.   “Adult arcade” means any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

   E.   “Adult bookstore, video store, or gift shop” means a commercial establishment operated for the sale of, rental of, exchange of, or for any form of compensation, books, magazines, periodicals, or other forms of printed matter, video cassettes or other video reproductions, slides, photographs, films, motion pictures, or other visual representations, and other instruments, goods, items, and other paraphernalia, distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas as defined below. Adult bookstores, video stores, or gift shops do not include businesses which sell, rent, or exchange such items as listed above as a minor sidelight or adjunct to the general purpose and sales intent of the business. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

A principal business purpose need not be a primary use of an establishment, so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.

   F.   “Adult entertainment facility” means any building in which:

      (1)   Entertainers routinely remove all or portions of their clothing as a part of their performance, regardless of whether the business has a license to sell alcohol; or,

      (2)   Entertainers allow patrons to observe specific sexual activities or specified anatomical areas involving such entertainers.

      (3)   For the purpose of this section, an entertainer shall be a person who either works as an employee of the business, is an agent of the business, or an independent contractor who has been hired or is allowed by the business to perform for the apparent pleasure or gratification of the patron.

      (4)   Examples of adult entertainment facilities would include, but would not be limited to, such facilities as gentlemen’s clubs, strip bars, full- nudity juice bars, and nude modeling clubs.

   G.   “Adult hotel or motel” means a building with accommodations used for the adult hotel or motel. A building with accommodations used for the temporary occupancy of one or more individuals and is an establishment wherein a substantial and significant portion of the materials presented are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein, for observation by the individuals therein.

   H.   “Adult movie theater” means an enclosed building used for presenting motion picture films, video cassettes, cable television, or other visual media, distinguished or characterized by emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas as defined below, for observation by persons therein. For purposes of this section, the size and description of the viewing room shall not effect characterization of the building as a theater, however, nothing in this section shall be deemed to regulate the viewing habits of persons in the privacy of their homes.

   I.   “Adult use” means an establishment consisting of, including, or having the characteristics of a sexually-oriented business, such as an adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency, or nude model studio.

   J.   “Alley” means a traffic-way, dedicated to public use, which affords only a secondary means of vehicular access to the back or side of properties otherwise abutting a street.

   K.   “Alternative tower structure” means man-made trees, clock towers, bell steeples, camouflage or conceal the presence of antennas or towers.

   L.   “Amendment” means a change in the wording, context, or substance of this Zoning Code, or an addition, deletion, or change in the district boundaries or classifications upon the Official Zoning Map.

   M.   “Antenna” means any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals.

   N.   “Apartment” means a room or suite of rooms in a multiple or two-family dwelling, or where one or more living units are established above non-residential uses, intended, or designed for use as a residence by a single family.

   O.   “Apartment house” see “dwelling, multiple-family.”

   P.   “Applicant” means the owner or duly designated representative of land proposed to be subdivided, or for which a special use permit, conditional use permit, temporary use permit, zoning amendment, variance, appeal, building permit, or certificate of occupancy and other similar administrative permits have been requested. Consent shall be required from the legal owner or their legal representative in writing.

   Q.   “Attached” means a foundation, wall, or roof of a building or structure which is connected to and supported by the foundation, wall, or roof of another building or structure.

   R.   “Automobile repair - major” means general repair, rebuilding of or reconditioning of engines of any type, motor vehicles, trucks, buses, or trailers. Collision service, including, bodywork, frame, or fender straightening, or repair, overall painting of motor vehicles, trucks, trailer, or painting booth.

   S.   “Automobile repair - minor” means minor repairs, incidental body and fender work, touch-up painting and upholstering, replacement of minor parts and general tune-up service to passenger automobiles and trucks not exceeding one and one-half tons capacity.

   T.   “Automobile service station (gas station, etc.)” means any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; minor or light servicing and repair of automobiles; and including as an accessory use, the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. Does not include major automobile repair, i.e., anything not defined in automobile repair - minor.

2.   Words beginning with “B.”

   A.   “Balcony” means a platform on the outside of a building, enclosed by walls or balustrades, and supported by columns or console brackets. The platform projects from the wall of a building, usually above the ground floor. Balconies are typically small and are not used as social spaces or for entertainment purposes.

   B.   “Bar” means a State-licensed commercial establishment which primarily sells and serves alcoholic beverages for on-site consumption, typically by the drink.

   C.   “Base zoning district” means a district established by this Zoning Code which prescribes basic regulations governing land use and site development standards.

   D.   “Basement” means a story having part but not more than 50 percent of its height below the average grade of the adjoining ground (as distinguished from a “cellar”), and/or a story which has its floor or lowest level below ground level (sub-grade) on all sides. A basement will be counted as a story for the purpose of height measurements and determinations only if subdivided into rooms and used for dwelling purposes.

   E.   “Bed and breakfast establishment” means a hotel or motel, which is of some historical significance, is occupied and managed by the owner, which provides separate toilet and lavatory facilities for the occupant and every three guest rooms.

      (1)   Bed and breakfast hotel: A hotel or motel with 10 to 19 guests rooms.

      (2)   Bed and breakfast inn: A hotel which has three to nine guest rooms, which employs only the owner and their family and one additional person.

   F.   “Billboard” means a type of sign having 72 square feet or more of display surface which is either erected on the ground or attached to or supported by a building or structure.

   G.   “Block” means a tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railroad right-of-way, shorelines of waterways, or other physical barriers.

   H.   “Boarding house” means a dwelling other than a hotel where for compensation and by pre-arrangement for definite periods, meals, lodging, or both are provided for three or more, but not exceeding 20 persons on a weekly or monthly basis. Three lodging rooms accommodating not more than two persons per room shall be equivalent to one apartment when determining lot area requirements.

   I.   “Board of Adjustment” means the Zoning Board of Adjustment of the City as established in Section 170.34 of this Code.

   J.   “Brew pub” means a combination, restaurant-brewery, establishment where 25 percent or more of the beer that is brewed on the premises is sold and consumed on-site. The beer is brewed primarily for sale and consumption in the restaurant and bar. The beer is often dispensed directly from the brewery’s storage tanks. Any and all sales of finished products are regulated by State statute.

   K.   “Buffer zone, buffer strip, or buffer yard” means a strip of landscaped area, (which may be variable in width), established along lot lines to separate, partially obstruct the view between lots, and to protect one type of land use from another incompatible use. The strip may include fences, screen plantings, or earthen mounds, or other allowable means to insulate and buffer the adjoining properties from noise, traffic, visual, and other such nuisances. (Also see Section 170.55)

   L.   “Building” means any structure, having a roof supported by columns or walls, designed, or built for the support, enclosure, shelter, or protection of people, animals, chattels, or property of any kind, including mobile homes. Any structure with interior area not normally accessible for human use will not be considered as a building. When separated by common walls without openings through such walls, each portion of such a building will be considered a separate structure.

   M.   “Building area” means the maximum horizontal projected area of the principal and accessory buildings, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.

   N.   “Building code” means the various adopted codes of the City which regulate the construction of building, electrical, mechanical, plumbing, and other codes adopted by the City which pertain to building construction.

   O.   “Building, detached accessory” means any building having no structural or other material connection with the principal building on a lot or on an adjoining lot.

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

   Q.   “Building and Zoning Enforcement Officer” means the City Administrator, whose office is vested in the principal administrative and enforcement duties associated with this Zoning Code.

   R.   “Bulk storage plant” means that portion of any property where hazardous or flammable liquids or gases are received by pipeline, tank cars, or tank vehicles, and are stored in bulk above the ground for the purpose of distributing such liquids or gases, where the aggregate capacity of all storage on the property exceeds 12,000 gallons of such liquids or 4,000 cubic feet of such gases.

   S.   “Business” means the engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.

3.   Words beginning with “C.”

   A.   “Cabin” means a seasonal or temporary single-family dwelling not used as a permanent family residence during an entire year. This does not include a tent, trailer, recreational vehicle, or mobile home.

   B.   “Campground” means any lot, site, field, or tract of land used or designed to accommodate two or more recreational vehicles or tents, tent trailers, or cabins or other camping outfits, which are temporarily harbored either free of charge or for revenue purposes.

   C.   “Car wash” means a building, or portion thereof, containing facilities for washing more than two automobiles; using production line methods with a chair conveyer, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.

   D.   “Carport” means a roofed structure providing space for the parking of motor vehicles that may be enclosed on not more than three sides.

   E.   “Cellar” means a story having 50 percent or more of its height below the average grade of the adjoining ground. A cellar will be counted as a story, for measurement, only if used for dwelling purposes.

   F.   “Cemetery” means any land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

   G.   “Channel” means a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water.

   H.   “Channel flow” means that water which is flowing within the limits of a defined channel.

   I.   “Child care center or day care center or nursery school” means any place, home, or institution which receives seven or more children under the age of 16 years, and not of common parentage, for care, supervision, or guidance apart from their natural parents, legal guardian, or custodians, for periods of two hours or more and less than 24 hours per day per child on a regular basis in a place other than the child's home, but does not include:

      (1)   An instructional program administered by a public or nonpublic school system;

      (2)   A church related instructional program of not more than one day per week;

      (3)   Short-term classes held between school terms, when received for regular periods of time for compensation. Included within this definition is a preschool and licensed center as defined in this Code.

Any facility providing child day care to seven or more children is required to be a licensed center by State mandate.

   J.   “Church” means a building for public worship or religious practice.

   K.   “City engineer” means the person or firm designated to act in that capacity in the review of engineering data as outlined herein where the service of a City Engineer is specifically mentioned.

   L.   “Clinic or medical health center” means an establishment where patients, who are not lodged overnight, are admitted for examination or treatment by a group comprised of (two or more) physicians or other licensed health care practitioners practicing together, on an out-patient basis. This definition does not include veterinarian clinics.

   M.   “Closed loop ground source heat pump system” means a system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.

   N.   “Club or lodge” means buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

   O.   “Cluster development” means a development technique which permits homes to be grouped closely, leaving much more usable open space. Included only as a part of the Planned Development District (P.D.D.) provisions. Cluster development results in fewer streets, shorter utility lines, the protection of environmentally sensitive areas, and a wider variety of development patterns.

   P.   “Commercial enterprise” see “Business.”

   Q.   “Commercial feedlot/confinement operation” means the feeding, farrowing, and raising of feeder and dairy cattle, swine, sheep, and poultry in a confined area where grazing is not possible, and where at least half of the livestock and poultry feed is not grown on the premises. To be defined as “commercial” such operation must be owned or controlled by a partnership or corporation not living on the site. This definition is not meant to include family farms that have been incorporated for business purposes.

   R.   “Common space” means any land unoccupied by structures, buildings, streets, rights-of-way, and automobile parking lots and designed and intended for the use or enjoyment of residents of a Planned Development District (P.D.D.). Common open space may contain structures for recreational use. No area within 30 feet of any building or structure, except a structure used for recreational use, will be included as common open space. (See Section 170.28)

   S.   “Comprehensive plan” means the plan, or any portion thereof adopted by the City to guide and coordinate the physical and economic development of the City. The Comprehensive Plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial, or industrial land uses, parks, drainage facilities, etc.

   T.   “Conditional use” means a use allowed by the district regulations, that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relationship to the neighborhood or other minimal protective characteristics would not be detrimental to the public health, safety, and general welfare and which is permitted upon findings of the Board of Adjustment.

   U.   “Contractor’s storage or job trailer” means any vehicular, portable structure built on a chassis, designed to be used as a field office or to store materials and equipment used in conjunction with related activities at a construction or job site. Any such trailer must be plainly and visibly labeled with the contractor's name, address, phone number, logo, etc. No more than two such trailers will be allowed on any one construction site at one time unless otherwise approved in writing by the Council. Such trailers and their location may be allowed only upon the approval and notification of the City Administrator or the Council. No mobile home will be used as a contractor’s “storage” or “job” trailer. All such trailers will be removed no later than seven days after completion of the construction activity.

   V.   “Contractor’s storage yard” means any permanently surfaced, permanently fenced, opaquely screened area used for the open, unsheltered, storage of a contractor’s construction equipment and materials which are used in and directly related to the contractor’s principal business. (This term is not to be construed as meaning or allowing the exterior storage or processing of any of those items or materials referenced in the definition outlined under “Home occupation.”)

   W.   “Convenience store” means any retail establishment offering for sale food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 6,500 square feet with no automobile repairs taking place on the premises.

   X.   “Corner” means the point of intersection of any two street right-of-way lines, street, and alley right-of-way lines, or two alley right-of-way lines. (For the purpose of measuring distances, the distance along the appropriate right-of-way line will be used.)

   Y.   “Court” means an open unoccupied space other than a yard on the same lot with a building, which is totally or partially enclosed by a building or buildings and is completely open to the sky.

4.   Words beginning with “D.”

   A.   “Deciduous overstory tree” means a shade-producing woody plant having a mature height and spread of at least 30 feet with one well-defined trunk and having no branches at or near the base.

   B.   “Deciduous shrubs” means woody plants that range from three to 15 feet tall at maturity and often are multi-stemmed with low branching.

   C.   “Deciduous understory tree” means a woody plant at least 15 feet tall at maturity with one or more well-defined trunks.

   D.   “Deck” means a flat surface capable of supporting weight, similar to a floor, but usually constructed outdoors, often elevated from the ground, supported by a frame, posts, and footings secured in the ground, and typically connected to a building.

   E.   “Density” means the numerical value obtained by dividing the gross area of the tract of land upon which the dwelling units are located by the total dwelling units in a development.

   F.   “Developer” means any person, corporation, partnership, or entity that is responsible for any undertaking that requires a building or zoning permit, conditions use permit or sign permit.

   G.   “Development” means any manmade change to improved or unimproved real estate, including (but not limited to) building or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials. Development does not include minor projects or routine maintenance of existing buildings and facilities, as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling or grading.

   H.   “Development plan” means a drawing, including a legal or site description of the real estate involved, which shows the location and size of the following, both existing and proposed:

      (1)   All buildings, structures, and yards;

      (2)   Location and dimension of building lines and easements, widths and lengths of all entrances and exits to and from said real estate;

      (3)   Location of all adjacent or adjoining streets, service facilities, and other improvements, such as planting areas.

   I.   “Disability” means as defined by the Americans with Disability Act (ADA), a person who has:

      (1)   A physical or mental impairment that substantially limits one or more major life activities;

      (2)   A record of such an impairment; or

      (3)   Is regarded as having such impairment.

   J.   “District or zoning district” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of building and premises are uniform.

   K.   “Drive-in restaurant or refreshment stand” means any place or premises principally used for the sale, dispensing, or serving of food, refreshment, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on or off the premises. The total seating area located within the enclosed portion of the premises, if provided, will be less than 50 percent of the total floor area.

   L.   “Drive-up window” means a window facility located in either a restaurant, a carryout restaurant, or a drive-in restaurant where consumers can place orders and have food dispensed to them without leaving their car by dealing directly with restaurant personnel located entirely within the building and where the design of said operation is such that upon receiving foodstuffs, the consumers will leave the premises prior to consuming the food.

   M.   “Driveway” means a private road providing access to vehicles and pedestrians to the principal building or use.

   N.   “Duplex” is a small type of multifamily building with two connected dwellings that have separate entrances on a single property. Each dwelling is considered a duplex apartment.

   O.   “Dwelling” means any building or portion thereof, which is designed for and used primarily as a place of residential occupancy for one or more human beings but does not include hotels or motels or bed and breakfast establishments.

   P.   “Dwelling, attached single-family or group, row, or townhouse” means a residential building, originally constructed for said purpose, containing three or more adjoining, owner-occupied dwelling units, each of which is located on a platted lot or legally described lot, and each of which is joined to another dwelling unit by at least one un-pierced party wall(s).

   Q.   “Dwelling, detached” means a building which is surrounded on all sides by open space on the same lot.

   R.   “Dwelling, farm” means a building designed for and occupied exclusively by one family whose principal source of income is derived from the farm on which the building is located.

   S.   “Dwelling, mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or federal seals.

   T.   “Dwelling, multi-family” means a building containing three or more independent dwelling units, originally constructed for said purpose; and not including converted dwellings.

   U.   “Dwelling, semi-detached” means a building which is joined to another dwelling by a garage, carport, recreation structure, or other nonresidential facility.

   V.   “Dwelling, single-family” means a detached residential dwelling unit, including a manufactured housing unit which is erected or installed on a site-built, permanent foundation and is not designed to be moved once so installed, and which is designed and manufactured to comply with all building codes applicable to site-built housing, containing accommodations for and occupied by one family only, other than a mobile home, and which is entirely surrounded by open space on the same lot.

   W.   “Dwelling, two-family” means a building, including a manufactured housing unit which is erected or installed on a site-built, permanent foundation and is not designed to be moved once so installed, and which is designed and manufactured to comply with all building codes applicable to site-built housing, containing accommodations for and designed exclusively for occupancy by two families living independently from each other, and which is entirely surrounded by open space.

   X.   “Dwelling unit” means a dwelling which consists of one or more rooms, or a portion of a dwelling arranged so as to create an independent housekeeping establishment, used for the occupancy of one family with separate toilets and facilities for cooking, living, and sleeping purposes. Each dwelling unit shall have a floor area of at least 1,200 square feet, (unless otherwise noted herein), a minimum width of 22 feet for at least 75 percent of its narrowest dimension, be placed on a permanent foundation, have a perimeter foundation of masonry construction (load or non-load bearing), and be taxed as real property.

   Y.   “Dwelling unit, accessory” is a smaller, independent residential dwelling unit located on the same lot as a stand-alone single-family home and may be attached or detached. The building shall not exceed one thousand square feet or fifty percent of the size of the single-family residence, whichever is larger.

5.   Words beginning with “E.”

   A.   “Easement” means a grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.

   B.   “Educational institution” means public, private, or parochial school, charitable or non-profit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

   C.   “Efficiency unit” means a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

   D.   “Elder family home” means a private household owned and occupied by a responsible party not related within the third degree of consanguinity to the person providing room and board, the majority of whom are 60 years of age or older, who require some assistance, encouragement, or social stimulation for adequate self-care or to maintain physical or mental health or personal safety. Some assistance shall mean the care of physical property, personal care for one activity of daily living, or intermittent temporary personal care for up to three activities of daily living for no more than one month duration.

   E.   “Essential services” means the erection, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead electrical, gas, steam, or water transmission or distribution systems, collection, communication, cable, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

   F.   “Evergreen/conifer shrub” means a woody plant having green needle-like foliage throughout the year and ranging from three to 15 feet tall at maturity and often are multi-stemmed with low branching.

   G.   “Evergreen/conifer tree” means an upright one-bearing plant having green needle-like foliage throughout the year and at least 15 feet at maturity.

6.   Words beginning with “F.”

   A.   “Family” means an individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than three persons (excluding servants) not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit, but not including sororities, fraternities, or other similar organizations.

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

   C.   “Farm” means an area not less than 40 acres in size, which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep, and swine. The term “farming” includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating and storing produce, provided however, that the operation of any such accessory uses will be secondary to that of the normal farming activities, and provided further that farming does not include the extraction of minerals or the operation of commercial feed lots for livestock.

   D.   “Farm homestead” means the dwelling occupied by the farm owner, tenant operator, or family of the farm owner or tenant.

   E.   “Factory-built home” means any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this Code, factory-built homes include mobile homes, manufactured homes, and modular homes; and also include recreational vehicles which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

   F.   “Factory-built home park or subdivision” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

   G.   “Fence” means any structure, other than a building, which is an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

   H.   “Flood” means 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.

   I.   “Flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

   J.   “Flood hazard area” means 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.

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

   L.   “Flood Insurance Study” (FIS) means a report published by FEMA for a community issued along with the community’s Flood Insurance Rate Maps. The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.

   M.   “Floodplain” means any land area susceptible to being inundated by water as a result of a flood.

   N.   “Floodplain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including (but not limited to) emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.

   O.   “Floodproofing” means 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.

   P.   “Floodway” means the channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.

   Q.   “Floodway fringe” means those portions of the Special Flood Hazard Area outside the floodway.

   R.   “Floor area” means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building will include the basement floor area when more than one-half of the basement height is above the established average grade at the building, enclosed off-street parking space, elevator shafts, and stairwells at each floor, floorspace used for mechanical equipment, (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom or seven feet, 10 inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. The floor area of structures devoted to bulk storage of materials, including but not limited to, grain elevators and petroleum storage tanks, will be determined on the basis of height of such structures in feet; 10 feet in height will be deemed to be equal to one floor (if a structure measures more than five feet over such floor equivalent, it will be construed to have an additional floor). (See also Section 170.52(1))

   S.   “Floor area ratio” means a numerical value obtained by dividing the ground floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district, when multiplied by the lot area in square feet will determine the maximum permissible floor area for the building or buildings on the lot.

   T.   “Food truck or food cart, public vending, or public vendors” means a vehicle, usually a van, truck, towed trailer, or pushcart, from which food, beverages, and merchandise are sold. Typical locations are job sites; places of assembly, such as colleges, industries, or sports activities; and special events.

   U.   “Foster family home” means a family home which provides full-time family care to foster children unrelated to them.

   V.   “Frontage” means all the property on one side of a street between two intersecting streets or highways (crossing or terminating) measured along the line of a street or highway, or if the street is dead-ended, abutting on one side between an intersecting street or highway. Frontage will not include property more than 400 feet distant on either side of a lot.

7.   Words beginning with “G.”

   A.   “Garage, private” means an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory, and which does not exceed 864 square feet in area. A garage designed to have one or two motor vehicles for each family housed in an apartment will be classified as a private garage.

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

   C.   “Garage sale” means all general sales, open to the public, conducted from or on a residential premise in any residential zone, for the purpose of disposing of personal property including, but not limited to, all sales entitled garage, lawn, yard, attic, porch, room, backyard, patio, flea market, rummage, or moving sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold. This term may also include multi-family garage sales on one residential site.

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

   E.   “Geothermal energy” means renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. Ground source heat pump systems shall be deemed an accessory structure, permissible in all zoning districts.

   F.   “Grade” means the average level of the finished surface of the ground measured five feet from a structure’s foundation.

   G.   “Greenway” means a corridor of open space connecting natural areas, cultural and historic sites, parks, neighborhoods, and communities. These usually linear corridors can be located along waterways, streets, railroads, utility easements, ravines, bluffs, or any feature providing connecting open space.

   H.   “Greenway, active” means a greenway providing a wide range of opportunities for human use through recreation and multi-purpose trail development. Such linear parks or open space may provide hiking, bicycling, horseback riding, canoeing, snowmobiling, cross country skiing, fishing, boating, etc.

   I.   “Greenway, passive” means a greenway providing a limited range of opportunities for human use by restricting public access. The function or value of such linear parks or open space emphasizes land and water conservation and protection of the natural environment for the primary purposes of stormwater and floodplain management, wetland preservation, erosion control, natural filtration, migration of wildlife, and preservation of vegetation.

   J.   “Ground floor area” means the square foot area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.

   K.   “Ground source heat pump system” means a system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils, or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distributions system. The energy must be used on-site.

   L.   “Group home for the disabled” means a dwelling shared by four or more disabled persons, as defined in this section, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. “Disabled” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. This term shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

8.   Words beginning with “H.”

   A.   “Half-story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. However, any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.

   B.   “Halfway house or group home” means a temporary residential living arrangement for up to five persons, excluding staff, who are receiving therapy, counseling, and/or care from support staff who are present at all times residents are present, for the following purposes:

      (1)   To help them re-enter society while housed under supervision while under constraints of alternatives to imprisonment including, but not limited to, pre-release, work release, and probationary programs.

      (2)   To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence;

      (3)   To provide temporary shelter for persons who are victims of domestic abuse and/or neglect; or

      (4)   To provide adult congregate living arrangements without nursing care.

   C.   “Hardship” means a legal justification for a variance. Entitlement to a variance may result when an unnecessary hardship exists which is not created by the party seeking the variance and which is caused by unique physical circumstances of the property for which the variance is sought. Additional criteria for variance are discussed in Section 170.34(6).

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

   E.   “Historic structure” means any structure that is:

      (1)   Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either: an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

   F.   “Home occupation” means a business, profession, or trade or other activity conducted for economic gain by one or more occupants of a residential dwelling that is secondary and subordinate to the principal use of the dwelling as a residence and does not alter the residential character of the property. A “No-Impact Home Occupation” means a home occupation for which all of the following apply:

      (1)   The total number of on-site employees and customers/clients does not exceed the City occupancy limit for the residential property.

      (2)   The business activities are characterized by all of the following:

         a.   The activities are limited to the sale of lawful goods and services.

         b.   The activities do not generate on-street parking or a substantial increase in traffic through the residential area.

         c.   The activities occur inside the residential dwelling or in the yard of the residential property.

         d.   The activities are not visible from an adjacent property or street.

      (3)   Exceptions: Child care homes, defined and regulated under Chapter 237A of the State Code of Iowa, shall be considered a No-Impact Home Occupation and may exceed the customer/client limitations.

      (4)   If, in the determination of the Building and Zoning Enforcement Officer, the above conditions are not being met or that the home occupation creates a disturbance or becomes a nuisance to the general neighborhood in some other manner, the home occupation will be treated as a nuisance under Chapter 50 of this Code and will no longer be classified as a No-Impact Home Occupation.

   Home occupations do not include activities engaged in as a hobby or temporary uses such as garage, yard, or estate sales. The following occupations and activities are prohibited from being operated as home occupations:

      (1)   Adult entertainment establishments.

      (2)   On-premises sale and consumption of alcohol.

      (3)   Businesses which involve outside storage, such as material, equipment, and vehicles, without screening.

      (4)   Activities which change the character and appearance thereof as a residential building or internal structural alterations that would create permanent modifications not typically found in a residential structure.

      (5)   Any related activity that creates traffic hazards or nuisances in the public right of way or creates a substantial increase in traffic.

      (6)   Use or storage of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, poisonous, or other hazardous materials on the premises, unless of a type or quantity used for normal household purposes.

      (7)   Activities that are noxious, offensive, or hazardous by reason of pedestrian or vehicular traffic, or by creation of outdoor storage, noise, odor, refuse, heat, vibration, smoke, radiation, or any other objectionable emissions, or by interference with televisions or radio reception.

      (8)   Employees, clients/customers, or activity that would be visible to adjacent neighbors between the hours of 9 p.m. and 8 a.m.

   G.   “Hospital” means an institution 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.

   H.   “Hotel” means a building in which lodging, and food service are provided and offered to the public at large for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office, supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a motel, boarding house, or multi-family dwelling.

9.   Words beginning with “I.”

   A.   “Improved surface” means a continuous parking surface such as concrete or other alternative materials that are shown to be impervious, yet as durable as concrete pavement.

   B.   “Infill” means the act of encouraging, planning for, or approving development of new housing or other uses on scattered vacant sites in a built-up area.

   C.   “Infill development” means development that takes place on vacant or underutilized parcels within an area that is already characterized by urban development and has access to urban services.

   D.   “Institution or civic, recreational, etc.” means a building occupied by a nonprofit corporation or nonprofit establishment for public use.

10.   Words beginning with “J.”

   A.   “Junkyard” means any place at which personal property is or may be salvaged for reuse, resale, reduction, or similar disposition and is owned, possessed, collected, accumulated, dismantled, or assorted; including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick, and similar property except animal matter; and used motor vehicles, machinery, or equipment which is used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.

11.   Words beginning with “K.”

   A.   “Kennel, commercial” means any place of business where dogs, or other small animals, six months or older, are sold, bred, raised, or kept for the purpose of resale, training, teaching, or grooming and which business is done commercially and for profit, provided, however, this Code will not apply to any kennel where not more than two dogs, or other small animals, six months or older, and their litters are kept during any licensing year, provided that the kennel is State or federally licensed.

   B.   “Kennel, private” means a non-commercial kennel at a private residence where four or less dogs, or other small animals, are kept for the hobby of the householder, as opposed to a commercial kennel.

12.   Words beginning with “L.”

   A.   “Landscaped area” means that area within the boundaries of a given lot consisting primarily of plant material including, but not limited to, grass, trees, shrubs, flowers, vines, ground cover, and other organic plant materials. Inorganic materials such as brick, stone, or aggregate may be used within landscaped areas, provided that such material comprises no more than 35 percent of the required landscaped area. Flat concrete or asphalt, other than walkways five feet or less in width, shall be prohibited within a required landscaped area.

   B.   “Land use and zoning plat” means a drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned development are to be met and intended for recording with the County Recorder.

   C.   “Large solar energy system” means an on-site multiple unit solar energy system that is incidental and subordinate to a principal use or structure serving the needs of agricultural, commercial, and industrial zoning districts.

   D.   “Laundromat” means an establishment providing home-type washing, drying, or ironing machines for hire to be used by customers on the premises.

   E.   “Licensed center” means a childcare center issued a full or provisional license by the State Department of Human Services under the provisions of Chapter 237A of the Code of Iowa, as amended.

   F.   “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, and emos; far dear (as defined in Section 170.1 of the Code of Iowa); or fowl excluding urban chickens. (See Section 170.58)

   G.   “Loading and unloading space” means that off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this Code is held to be a 12 feet x 45 feet loading space with a 14-foot height clearance, paved with a permanent surface. (See Section 170.52(2))

   H.   “Lodge” means the meeting place of a branch of an organization, especially a fraternal organization.

   I.   “Long-term care facility or nursing home, convalescent home, rest home, home of the aged” means a facility for the transitional residency of not less than three elderly, infirm, chronically ill, incurably afflicted, or disabled persons, where for compensation, these persons progress from independent living in single-family living units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility. This term does not include clinics, hospitals, and similar institutions devoted to the diagnosis, treatment, and care of the sick or injured.

   J.   “Lot” means a parcel of land which is or may be occupied by a building and its accessory buildings or related use, together with such yards, parking, or open spaces within the lot lines as may be required by these regulations and having its principal frontage on a street or upon an approved private drive. A lot may also consist of a combination of recognized lots of record.

   K.   “Lot area” means the total horizontal plane area included within lot lines.

   L.   “Lot depth” means the depth of a lot which will be considered to be the mean horizontal distance between the midpoints of straight lines connecting foremost points of the side lot lines in front and the rear-most points of the side lot lines in the rear.

   M.   “Lot frontage” means that dimension of a lot or portion of a lot abutting on a street excluding the side dimension of a corner lot.

   N.   “Lot ground level” means the average level of the ground at the corners of the exterior walls of the principal building on the lot.

   O.   “Lot line, front” means, in the case of an interior lot, the line separating said lot from the street. In the case of a corner lot or double frontage lot, the line(s) separating said lot from the street(s). If a lot abuts three (3) or more public streets, the lot shall have a front lot line only on the two (2) public streets with the highest roadway classifications.

   P.   “Lot line, rear” means the lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it will be an imaginary line parallel to and farthest from the front lot line not less than 10 feet long and wholly within the lot.

   Q.   “Lot line, side” means any lot boundary line not a front or rear lot line.

   R.   “Lot of record” means a lot which is part of a subdivision, recorded with the County Recorder. For lots not part of a recorded subdivision, a lot of record shall be a lot whose deed is recorded with the County Recorder prior to the adoption date of the City’s first subdivision regulation ordinance.† 14

   S.   “Lot width” means the width of a lot which will be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the average of the rear and front widths will be used.

   T.   “Lot, corner” means a lot which has at least two adjacent sides abutting for their full length on a street, provided the interior angle at the intersection of such two sides is less than 135 degrees.

   U.   “Lot coverage” means the percentage of the lot area covered by the building area. (See “Floor Area Ratio”)

   V.   “Lot, double frontage” means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot. The yard opposite the direction the front of the house is facing may have an accessory building or structure located there, but the buildings or structures must still meet the front setback requirements for that district. (See Illustration C)

   W.   “Lot, interior” means any lot other than a corner lot or through lot with only one frontage street. (See Illustration C)

   X.   “Lot, reversed corner” means a corner lot at right angles or approximately right angles to the general pattern of the area, the street side lot line of which is substantially a continuation of the front line of the first lot to the rear. The rear of the corner lot is adjacent to the side of the lot to the rear, whether across an alley or not.

   Y.   “Lot, reversed interior” means an interior lot, the front lot line of which is formed by a street, which street also forms the side lot line of an abutting corner lot. The corner lot is considered abutting even though separated from the interior lot line by an alley.

   Z.   “Lot, through” means any lot having frontage on two parallel or approximately parallel streets. (See Illustration C)

   AA.   “Lot, zoning” means a parcel of land of sufficient size to meet the minimum requirements of this Code concerning use, coverage, width, area, yards, and other open space and having frontage on an improved public street.

   BB.   “Lowest floor” means the floor of the lowest enclosed area in a building, including a basement, except when all of the following criteria are met:

      (1)   The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 170.27; and

      (2)   The enclosed area is unfinished (not carpeted, dry walled, etc.) and used solely for low damage potential uses such as building access, parking, or storage; and

      (3)   Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area located at least one foot above the base flood elevation; and

      (4)   The enclosed area is not a “basement” as defined herein.

In cases where the lowest enclosed area satisfies Subparagraphs 1-4 above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

13.   Words beginning with “M.”

   A.   “Manufactured or modular home” means a factory-built structure built under the authority of 42 U.S.C. Sec. 5403, that is required by federal law to display a seal from the United States Department of Housing and Urban Development and was constructed on or after June 15, 1976.

   B.   “Massage establishment” means any establishment having a fixed place of business where massages are administered for any form of consideration or gratuity including, but not limited to, therapeutic massage facilities, massage parlors, health clubs, sauna baths, and steam baths, but excluding chiropractic clinics.

   C.   “Microbrewery” means a small, independent, and traditional craft brewery where beer is manufactured for the purpose of sale, barter, exchange, or transportation, with limited capacity production facilities producing not more than 15,000 barrels of beer per year and where 75 percent or more of its beer is sold off-site. On-premise drinking areas may be established for limited tasting and beer sales by the glass. Any and all sales of finished products are regulated by State statute.

   D.   “Micro-distillery” means a small craft or artisan, limited capacity production facility licensed only as a Class “A” native distillery where there is a produced not more than 50,000 “proof gallons” (a method of measuring alcohol content on a level comparison between different liquors of different proof) per calendar year of alcohol or spirits are distilled or wine is fermented, including the blending and bottling or other handling and preparation of alcoholic liquor or wine in any form. Sales of finished products are regulated by State statute.

   E.   “Minimum street landscaping” means the minimum landscaped area which must be provided in a street yard, expressed as a percent of the total area contained within that street yard.

   F.   “Mini-warehousing” means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.

   G.   “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or federal seals.

   H.   "Mobile home park" means a site, lot, field, or tract of land upon which three or more mobile homes or manufactured homes, or a combination of any of these homes, are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available. The term "mobile home park" shall not be construed to include manufactured or mobile homes, buildings, tents, 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. (Also see Section 170.21)

   H.   “Motel” means a building or a detached building, usually not more than two stories in height, used as temporary dwelling units containing a bedroom, bathroom, and closet space, with each unit having convenient access to a parking space for the use of the unit's occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of automobile transients and no cooking facilities are offered. The site of the motel usually has direct and convenient access to an interstate, highway, arterial street, or other major thoroughfares.

   I.   “Motor vehicle sales” means the commercial displaying, advertising, or actual sale of motor vehicles by any person, licensed motor vehicle dealer, salesperson, dealership, or other associated persons or agents connected therewith. (The private displaying or advertising of not more than one motor vehicle per zoning lot, at any one time, on private property, intended solely for the private sale between two individuals does not constitute a “motor vehicle sales” condition as contemplated herein.)

14.   Words beginning with “N.”

   A.   “Native distilled spirits” means spirits fermented, distilled, or for a period of two years, barrel matured on the licensed premises of the native distillery where fermented, distilled, or matured. Native distilled spirits also includes blended or mixed spirits comprised solely of spirits fermented, distilled, or, for a period of two years, barrel matured at a native distillery.

   B.   “Native Distillery” means a business with an operating still which produces and manufactures native distilled spirits.

   C.   “Neighborhood park” means an area that may be used for either active or passive recreation, dedicated to the City and developed integrally with, associated with, and intended to be used by and primarily benefiting a particular subdivision or defined area not farther than one-quarter mile from its location and which is developed in accordance with Section 170.38 of the City’s subdivision ordinance.

   D.   “Nonconforming building” means a building or structure or portion thereof lawfully existing at the time of adoption of this Code or amendment thereto, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located. (See Section 170.08)

   E.   “Nonconforming use” means a use which lawfully occupies a building or land at the time of adoption of this code, or amendment thereto, and which does not conform with the use regulations of the district in which it is located. (See Section 170.08)

15.   Words beginning with “O.”

   A.   “100-year flood” (See definition of “base flood.”)

   B.   “Open fences” means fences which have openings between the material of which the fence is constructed representing more than 70 percent of the total surface area of the fence.

   C.   “Open space” see Section 170.55.

   D.   “Outdoor advertising business” means one which provides outdoor displays or display space on a lease or rental basis only.

   E.   “Overlay district” means a zoning district which is combined simultaneously with another zoning classification to give special regulation to designated areas of the City. Development within overlay districts must conform to the requirements of the underlying district as well as the overlaying district(s) with the most restrictive requirements applying.

16.   Words beginning with “P.”

   A.   “Park” means any public or private area designed, constructed, and utilized for the public’s pursuit of recreation and enjoyment.

   B.   “Parking area, public” means an open area, other than a street or alley designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers, paved with a permanent surface.

   C.   “Parking space” means a permanently surfaced area, of brick, asphalt, or concrete, other than on a street or alley, either enclosed or unenclosed, sufficient in size to store one automobile, but not less than nine feet wide by 19 feet long, and not less than 171 square feet, exclusive of permanently surfaced access drives, driveways, or aisles, connecting the parking space(s) with the street or alley, which permits satisfactory ingress and egress of an automobile. Parking spaces for the disabled shall be not less than that required by the Iowa Administrative Code. (See Section 170.52)

   D.   “Parkway” means that area located between the property line(s) and the curb line or street driving surface edge when a curb does not exist.

   E.   “Performance standard” means a criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings. The more frequently used performance criteria include:

      (1)   Closed cup flash point is the lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn moderately.

      (2)   Decibel is a unit of measurement of the intensity (loudness) of sound. Sound level. Meters which are employed to measure the intensity measure “decibels.”

      (3)   Earth borne vibration is the periodic displacement, measured in inches, of earth.

      (4)   Foot candle is a unit of illumination. Technically, the illumination at all points one foot distant from a uniform point source of one candlepower.

      (5)   Free burning implies a rate of combustion described by a material which burns actively, and easily supports combustion.

      (6)   Frequency signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

      (7)   Impact noise is a short-duration sound which is incapable of being accurately measured on a sound level meter.

      (8)   Impulsive noise is a sound which is no longer than two seconds in duration, followed by no less than a two second rest.

      (9)   Intense burning implies a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

      (10)   Moderate burning implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.

      (11)   Noxious matter is a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

      (12)   Octave band is a prescribed interval of sound frequencies which permits classifying sound according to its pitch.

      (13)   Odor threshold is the lowest concentration of odorous substance in the air that will produce a response in the normal human nose.

      (14)   Particulate matter is dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

      (15)   Ringelmann Chart is one which is described in the U.S. Bureau of Mines Information Circular 6888, or its successor, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

      (16)   Slow burning or incombustible implies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees Fahrenheit, will be designated “incombustible.”

      (17)   Smoke is small gas-borne particles other than water that form a visible plume in the air.

      (18)   Sound level of an operation or use is the intensity of sound, measured in decibels, produced by such operation or use.

      (19)   Toxic matter is those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

   F.   “Permanently attached” means the permanent, “all-weather,” structural attachment of a building or structure or any portion thereof, requiring the use of a permanent foundation, and full, frost-depth footings to the principal building or structure.

   G.   “Permanent foundation” means a site-built or site-assembled system of stabilizing devices for a structure. It must be capable of transferring design dead loads and live loads required by federal regulations and other design loads unique to local home sites, wind, seismic, soil, and water table conditions that may be imposed on the structure. The bottom of the foundation shall be constructed to a depth of not less than 42 inches below grade and constructed of materials approved by the 2015 Edition of the I.B.C.

   H.   “Personal property” means any property which is owned, utilized, and maintained by an individual, or members of their residence, and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

   I.   “Pet shop” means any business established for the purpose of buying, selling, exchanging, or offering for sale any dog, cat, rabbit, rodent, non-human primate, fish, or other vertebrate animal.

   J.   “Place” means an open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.

   K.   “Planned Development District” (P.D.D.) means a tract of land which is developed as a unit under single ownership or unified control, which includes two or more principal buildings or uses, and is processed under the planned development procedure of this Code.

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

   M.   “Porch” means a covered shelter that projects from the front or rear entrance of a house or building. The structure is external to the walls of the building, but it may be enclosed by certain types of frames including walls, columns, or screens, extending from the main structure.

   N.   “Preschool” means a child care center which provides to children ages three through five, for periods of time not exceeding three hours per day, programs designed to help the children to develop intellectual skills, social skills, and motor skills, and to extend their interest and understanding of the world about them.

   O.   “Principal building” means a building in which is conducted the main or principal use of the lot on which said building is situated or which does not have a use which is secondary or subordinate to the main or principal use of the lot. Where an accessory building is attached to the principal building in a substantial (permanently attached) manner, such an accessory building will be counted as a part of the principal building.

   P.   “Private school” means a private pre-primary, primary, grade, high, or preparatory school or academy.

   Q.   “Professional office in residence” means an office in the dwelling of a member of a recognized profession, such as doctors, dentists, lawyers, architects, engineers, clergymen, artists, musicians, designers, teachers, and others who through training are qualified to perform services of a professional nature; provided that the professional service is performed by a member or members of the family residing on the premises; that such use is secondary to the use of the dwelling for residential purposes and does not change the exterior character thereof; that not more than one non-resident employee is employed on the premises; not more than 25 percent of the gross floor area is devoted to such use; and, notwithstanding any other provision of this Code, no signs are used other than a name plate not more than two square feet in area, or no display that will indicate from the exterior that the building is being utilized in part for any other purpose than that of a dwelling. For purposes of interpretation of this Code, when questions arise, “recognized professions” will be defined by the latest edition of the U.S. Census Bureau, Census of Population Report.

   R.   “Professional office center” means an architectural and functional grouping of professional offices and appropriate associated and accessory uses which is the central feature of a site plan composed of building area, parking area, landscaped reservation and plantation, and other land features appropriate for its use as a professional office enterprise, designed to serve residential neighborhoods, which will conform to the standards and requirements of this Code.

   S.   “Property owner” means the owner of real estate if there is one of record, otherwise the record holder of legal title to real estate as shown on the records of the County Assessor’s Office.

   T.   “Public vendor or food truck, food cart, or public vending” means a vehicle, usually a van, truck, towed trailer, or pushcart, from which food, beverages, and merchandise are sold. Typical locations are job sites; places of assembly, such as colleges, industries, or sports activities; and special events.

17.   Words beginning with “Q.”

18.   Words beginning with “R.”

   A.   “Recreational mobile home park” means a seasonal mobile home park or other mobile home park in which the length of stay is limited to not more than 14 consecutive days.

   B.   “Recreational vehicle” means a vehicular unit bearing current license and/or registration, not exceeding 42 feet in overall length, 102 inches in width, or 14 feet in overall height, which includes, but is not limited to, the following specific vehicle types:

      (1)   “Boat trailer” means a vehicular structure, without its own motive power, designed to transport a boat for recreation and vacation use and which is licensed and registered for highway use.

      (2)   “Camper trailer” means a folding or collapsible vehicular structure, without its own power, designed as a temporary living quarters for travel, camping, recreation, and vacation uses; and is licensed and registered for highway use.

      (3)   “Horse trailer” means a vehicular structure, without its own motive power, designed primarily for the transportation of horses and which, in combination with the towing vehicle, is licensed and registered for highway use.

      (4)   “Motor home” means a vehicular unit built on or as a part of a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for travel, camping, recreation, and vacation use; and is licensed and registered for highway use. This category will include converted bus campers.

      (5)   “Recreational boat” means a vessel, whether propelled by wind, oars, or mechanical devices, and which is designed primarily for recreation or vacation use. A recreation vessel, when mounted upon a boat trailer, will be considered one unit.

      (6)   “Specialty vehicles” means another type of recreational vehicle including, but not limited to, such type of vehicles as golf carts, snowmobiles, jet skis, ATVs, UTVs, go-carts, mopeds, dirt bikes, etc.

      (7)   “Travel trailer” means a rigid structure, without its own motive power, designed as a temporary dwelling for travel, camping, recreation, and vacation use; and which is licensed and registered for highway use.

      (8)   “Truck camper” means a portable structure, without its own motive power, designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation, and vacation use; and which, in combination with the carrying vehicle, is licensed, and registered for highway use.

      (9)   “Utility trailer” means a vehicular structure, without its own motive power, designed and or used for the transportation of all manner of motor vehicles, goods, or materials and licensed and which registered for highway use.

If the recreational vehicle is equipped with liquified gas containers, they will meet the current standards of the Interstate Commerce Commission or the Federal Department of Transportation standards.

   C.   “Recycling center” means a site where commercial, domestic, or yard wastes are sorted, packed, baled, composted, or processed for reuse.

   D.   “Residential mobile home park” means a home park designed, established, and maintained for permanent, year-round residency by mobile homes.

   E.   “Restaurant” means a business where the dispensing and the consumption at indoor tables of edible foodstuff or beverages is the principal business operation; including a cafeteria, coffee shop, lunch room, tea room, and dining room, but not including a bar, cocktail lounge, or tavern. The total seating area located within the enclosed portion of the premises will be more than 50 percent of the total floor area. Incidental carryout services are allowed, but will not include fast food or precooked food operations or drive-up windows except where authorized by the Board of Adjustment as a special use permit.

   F.   “Restaurant, carryout” means a business whose principal operation is dispensing of foodstuff and beverages, not including a bar, cocktail lounge, or tavern, when the foodstuff and beverages is regularly or can customarily be packaged for transporting the beverage or foodstuff off the premises from where the food was purchased.

   G.   “Retaining wall” means an accessory structure that retains (holds back) any material (usually earth) and prevents it from sliding or eroding away.

   H.   “Right-of-way” means a strip of land occupied or intended to be occupied by a road, walk-way, crosswalk, railroad, or other such use. Every right-of-way established under this Code and shown on a final plat is separate and distinct from the lots and parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels.

   I.   “Roadside stand” means a temporary structure, unenclosed, and so designed and constructed that the structure is easily portable and can be readily moved. Roadside stands are typically used for the sale of farm products, primarily produced on the premises.

   J.   “Roadway” means that portion of the street which has, or is to be improved, and is, or will be, available for vehicular traffic.

19.   Words beginning with “S.”

   A.   “Sanitary landfill” means a site where solid waste is disposed of by utilizing the principles of engineering to confine the solid waste to the smallest practical volume and to cover it with a layer of earth so that no nuisance or hazard to the public health is created.

   B.   “Satellite dish antenna” means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. (Also see Chapter 160)

   C.   “Screening” means the method by which a view of one site from another adjacent site is shielded, concealed, or hidden through the use of fence, walls, or landscaping.

   D.   “Seasonal mobile home park” means a mobile home park designed, established, and maintained for residency by mobile homes, only during the time period from April 1 to November 1.

   E.   “Septic tank” means a water-tight structure into which sewage is discharged for settling and for solids digestion designed to function on an individual lot basis.

   F.   “Setback line” means that line denoting the distance required to obtain the minimum front, side, and rear yards, measured from the property line to the outside of the structures' exterior foundation, between which line and the property line no building or structure of any kind may be erected.

   G.   “Sewerage system, central” means a type which is approved by the Iowa Department of Natural Resources and the County Health Department as properly designed to serve one or more subdivisions. (A septic tank is not a central sewerage system.)

   H.   “Shopping center” means a complex of three or more commercial retail or office establishments which are serviced by common parking, driveway, and, often-times, utility facilities on the same property or immediately adjacent properties.

   I.   “Short-term rental” means any individually or collectively owned single-family house or dwelling unit; any unit or group of units in a condominium, cooperative, or timeshare; or an owner-occupied residential home that is offered for a fee for 30 days or less. A short-term rental does not include a unit that is used for any retail, restaurant, banquet space, event center, or other similar use. A short-term rental property shall be classified as a residential land use for zoning purposes. (Reference Section 414.1.1[e] of the Code of Iowa). The use does not include a rental between parties to the sale of that residential dwelling unit.

      (1)   “Bed and breakfast home” means a private residence, having some historical or architectural significance, that provides lodging and meals for guests, in which the host or hostess resides, and in which no more than two guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations and serves food only to overnight guests. The owner shall occupy and manage the facility. Separate toilet and lavatory facilities shall be provided for exclusive use by the guests.

      (2)   “Vacation rental” means the renting out for remuneration of a furnished apartment, house, dwelling, or other residential space, on a temporary basis for a period of less than 30 calendar days, counting portion of days as full days, to tourists as an alternative to a hotel, motel, or bed and breakfast establishment.

Short-term rental properties shall be modified as necessary to comply with the current Chapter 170 and shall be subject to the State’s lodging and tax regulations. Shorth-term rental properties shall be conducted like a home occupation, but unlike other homes occupation standards, short-term rental properties shall not require a special use permit.

   J.   “Sign” means every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter which is used or intended to be used to attract attention or convey information when the same is placed out-of-doors in view of the general public. For the purpose of determining number of signs, a sign will be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship to elements or where there is reasonable doubt as to the relationship of elements, each element will be considered to be a single sign. (See Chapter 161)

   K.   “Sign, digital” means changeable electronic variable message signs (CEVMS) that have changeable messages or displays and meet requirements related to duration of messages, transition times, lighting, and brightness.

   L.   “Sign, display surface area” means the net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters, delineation, trim, and border; provided, however, display surface area will not include the structural supports for free-standing signs provided further that only one face of a double-faced sign as defined will be considered in determining the display surface area.

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

   N.   “Sign, off-site” means any sign other than on-site sign.

   O.   “Small solar energy system” means an on-site solar energy system that is incidental and subordinate to a principal use /or structure serving the needs of all residential, agricultural, and neighborhood commercial zoning districts.

   P.   “Small wind energy system” means an assembly of components which converts the kinetic energy in wind into a usable electrical, mechanical, or thermal energy, consisting of a single wind turbine and associated control equipment.

   Q.   “Solar collector” means a device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy. The location of a solar collector must comply with local building and setback regulations, and is to be set back not less than five feet from the property line, and not less than 10 feet above the ground.

   R.   “Solar farm” means an on-site multiple unit solar energy system, independent of a principal use and/or structure, serving the needs of agricultural and industrial zoning districts.

   S.   “Solid waste disposal site” means a site where commercial, industrial, and domestic wastes are buried (sanitary landfill) or incinerated, or converted into energy for a waste-to-energy facility in accordance with State and local disposal regulations and standards.

   T.   “Solid waste transfer station” means any site where commercial, domestic, or yard wastes are temporarily collected, sorted, and compacted prior to transporting to a solid waste disposal site or recycling center.

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

   V.   “Specific anatomical areas” means the following:

      (1)   Less than completely and opaquely covered human genital, pubic region, buttocks, and female breast below the point immediately above the top of the areola; and,

      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   W.   “Specific sexual activities” means displays of the following:

      (1)   Any act of sexual intercourse, actual or simulated, including genital-genital, anal-genital, or oral-genital, whether between human beings or a human being and an animal.

      (2)   Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed.

      (3)   Masturbation or lewd exhibition of the genitals including any explicit, close-up representation of a human genital organ.

      (4)   Physical contact or simulated contact with unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in the act of apparent sexual stimulation or gratification.

      (5)   An act of sexual assault where physical violence or drugs are employed to overcome the will of or to acquire the consent of a person to perform sexual activities and the effects or results of the violence or drugs are shown.

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

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

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

   AA.   “Story” means that portion of a building included between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

   BB.   “Story, half” see “half story.”

   CC.   “Street” means a general term used to describe a right-of-way, both public and private, which provides a channel for vehicular and pedestrian movement, and may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of utilities (both above and below ground).

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

   EE.   “Street yard” means a contiguous landscaped area along the street right-of-way. The landscaped area shall be of a depth not less than that established in Section 170.55(2) and measured from each street right-of-way line extending perpendicularly into the yard. The maximum depth of this area for purposes of this section shall not be more than twice the depth of the area at any other point.

   FF.   “Structure” means anything constructed or erected on the ground, attached to the ground, or attached to something having a location on the ground including, but not limited to, buildings, billboards and other similar advertising signs, factories, sheds, cabins, factory-built homes, storage tanks, hot tubs, whirlpools, swimming pools, and other similar uses.

   GG.   “Structural alterations” means any changes, other than normal maintenance, made to a supporting member of a structure such as a bearing wall, column, beam, girder, or any substantial change in the roof or exterior walls.

   HH.   “Subdivision” means a division of a lot, tract, or parcel of land into two or more lots, building plots or sites, or other subdivisions of land for the purpose, whether immediate or future, of sales, transfer for building development, right-of-way dedication, or other use; provided, however, this definition of a subdivision does not include divisions of land into 40 acres or more in size parcels of land for agricultural purposes.

   II.   “Substantial completion” means that point in the installation or construction of structures or improvements where more than 90 percent of the total, proposed work is fully completed and said structures or improvements can be used for their intended purpose(s).

   JJ.   “Substantial damage” means 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 assessed value of the structure before the damage occurred.

   KK.   “Substantial improvement” means any improvement to a structure which satisfies either of the following criteria:

      (1)   Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed valuation of the structure either:

         a.   Before the start of construction of the improvement; or

         b.   If the structure has been substantially damaged and is being restored, before the damage occurred.

The term does not, however, include 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 official and which are the minimum necessary to assure safe living conditions.

      (2)   Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community† 15 shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

   LL.   “Synagogue” means a building used for religious practice, particularly a Jewish congregation.

20.   Words beginning with “T.”

   A.   “Temple” means a building used for religious practice. Temple is the name given to houses of worship of reform and some conservative Jewish congregations, for Mormon sacred ordinances, and occasionally for local lodges of various fraternal orders.

   B.   “Temporary use” means impermanent uses of an occasional nature. Temporary uses involve the use of permanent structures and portable signs. Uses of a seasonal nature that recur periodically on a regular basis on the same site and reoccupy the same permanent structure shall not be considered temporary uses.

   C.   “Theater” means an establishment used to observe films and other visual material which is not an adult motion picture theater.

   D.   “Tiny home” means a structure intended as a household that includes basic functional areas that support normal daily routines, such as cooking, sleeping, and toiletry, but is also smaller than traditional single-family homes, i.e., less than 1,000 square feet. They are designed and built to look like a conventional building structure, and meet all aspects of Building Code. Tiny homes differ from mobile homes in that they are not designed to be transported with automotive power and have a permanent foundation.

   E.   “Tourist home” means a building in which one, but not more than five, guestrooms are used to provide or offer overnight accommodations to transient guests for compensation.

   F.   “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or mono-pole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

   G.   “Trade or business school” means a secretarial, business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable, or nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting, or for teaching industrial or technical arts.

   H.   “Travel trailer” see “recreational vehicle.”

   I.   “Travel trailer park” means any area licensed and used or offered for use, in whole or in part, with or without charge, for the parking of occupied travel trailers, pick-up campers, converted buses, motor homes, tent trailers, tents, or similar devices used for temporary or portable housing. Unoccupied mobile homes, travel trailers, and similar devices may be stored in the park, but only in an area marked for storage. No repair, maintenance, sales, or servicing of such devices are allowed in the park.

21.   Words beginning with “U.”

   A.   “Underlying zone” means one of the regular zoning districts listed in this chapter which provides basic guidelines for an overlay district which may alter in some manner the guidelines of the regular zoning district.

   B.   “Unified control” means the combination of two or more tracts of land wherein each owner has agreed that their tract of land will be developed as part of a planned unit development and will be subject to the control applicable to the planned unit development.

   C.   “Use” means the employment or occupation of a building, structure, or land for a person's service, benefit, or enjoyment.

22.   Words beginning with “V.”

   A.   “Variance” means a modification of the specific requirements of this Zoning Code which will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Zoning Code would result in unnecessary and undue hardship.

   B.   “Vehicular use area” means all areas subject to vehicular traffic including, but not limited to, access-ways, driveways, loading areas, service areas, and parking stalls for all types of vehicles. This definition shall not apply to covered parking structures, underground parking lots, or public streets.

   C.   “Veranda” means a roofed, open-air gallery or porch, attached to the outside of a building. A veranda is often partly enclosed by a railing and frequently extends across the front and sides of the structure.

   D.   “Veterinarian” means one who, by their professional qualifications and licensing, is qualified and authorized to treat diseases and injuries to animals.

   E.   “Vision clearance on corner lot” means that triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and one-half feet and 12 feet above grade established on the lot corner, determined by a diagonal line connecting two points measured 35 feet equal distance from the property corner.

23.   Words beginning with “W.”

   A.   “Warehouse” means a structure or room for the storage of merchandise or commodities.

   B.   “Wind-powered turbine” means a device that converts kinetic energy from wind into electrical power. The land area around the turbine may be used for agricultural or other low intensity use purposes assuming the accessory uses in the immediate area are not incongruous to the turbine’s purpose.

24.   Words beginning with “X.”

25.   Words beginning with “Y.”

   A.   “Yard” means a required open space at grade unoccupied and unobstructed by any structure or portion of a structure; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height and visibility requirements. In measuring a yard for the purpose of determining the width of a side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building wall will be used.

   B.   “Yard, front” means an open space extending the full width of the lot between a building and the front lot (or easement) line(s), unoccupied and unobstructed from the ground upward, except as hereinafter specified.

   C.   “Yard, rear” means an open space extending the full width of a lot between a building and the rear lot line(s), unoccupied and unobstructed from the ground upward, except as hereinafter specified. For purposes of designating the rear yard on corner lots, the rear yard shall be the yard opposite the address of the property with the other yard being designated as a side yard.

   D.   “Yard, side” means an open space extending from the front yard to the rear yard between a building and the side lot line(s), unoccupied and unobstructed from the ground upward, except as hereinafter specified.

26.   Words beginning with “Z.”

   A.   “Zero lot line” means a development technique which permits the principal building to be sited on one or more lot lines. The intent is to allow more open area on the lot; and where several buildings are built close together, to lower the installation expense of utilities. Such technique is only permitted through the platting and site plan review processes.

   B.   “Zoning administrator” means the person or persons authorized and empowered by the City to administer and enforce the requirements of this Zoning Code.

   C.   “Zoning district, change of” means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the zoning map of the City.