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Maquoketa City Zoning Code

165.02 DEFINITIONS

The following words and phrases whenever used in the ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1.    Words beginning with A.
   A.    Accessory buildings means a subordinate building which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
   B.    Accessory use means a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
2.    Words beginning with B.
   A.    Basement means a story having part but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
   B.    Bed and breakfast home means any dwelling used for accommodation of overnight guests for a fee or for the service of food and beverages to overnight guests for a fee.
   C.    Blade sign see projecting sign.
   D.    Boarding house see lodging house.
   E.    Building means any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind, but not including any vehicle, trailer, with or without wheels, nor any movable device, such as furniture, machinery, or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.
   F.    Building, height of means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roof.
   G.    Building Official means the individual designated by the City Manager to administer this Zoning Code and who is responsible for the enforcement of the regulations imposed by this Code .
3.    Words beginning with C.
   A.    Cellar means a story having more than one-half of its height below grade.
   B.    Clinic means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
   C.    Core central business district mean the four block area with the perimeter defined by Quarry, Olive, Pleasant and Second Streets.
4.    Words beginning with D.
   A.    Deck means a structure with no roof and no walls.
   B.    Directional sign means any on-premise sign that includes information assisting in the flow of vehicular or pedestrian traffic such as enter, exit, one way, no-parking, etc.
   C.    Domesticated animals means animals which are raised, tended, groomed, maintained, boarded, or kept for the purpose of commercial gain or for hobby purposes with the exception of pets.
   D.    Dwelling means any building or portion thereof which is used exclusively for residential purposes. A dwelling shall be on a permanent foundation with no wheels, axles, or hitches, and shall be connected to the City sewer and water system. A dwelling shall be at least 20 feet in width and have a minimum floor area of 800 square feet. The owner of any building classified as a dwelling shall surrender the title, if one exists, to the County Assessor and request that the dwelling be listed as real estate.
   E.    Dwelling, Single - Family means a building designed to be occupied exclusively by one family.
   F.    Dwelling, Multiple means a building designed for or occupied exclusively by more than two families.
   G.    Dwelling, Two - Family means a building designed to be occupied exclusively by two families.
   H.   intended to be occupied as separate living quarters by a single - family as defined herein.
5.    Words beginning with E.
   A.    Enclosed porch means a structure with a roof and with walls.
6.    Words beginning with F.
   A.    Factory-built home means any home 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. Factory-built homes include mobile homes, manufactured homes, and modular homes.
   B.    Family means one or more persons related by blood, marriage, or adoption occupying a dwelling unit as an individual housekeeping organization. A family may include not more than two persons not related by blood, marriage, or adoption.
   C.    Farm means an area exceeding 10 acres used for the purpose of growing agricultural products or raising domesticated animals and accessory uses. Farming does not include livestock operations which can be described as feedlots; confinement areas; sale barns; or holding, transfer, or sale stations.
   D.    Feather flag sign means a teardrop banner sign used as a temporary sign.
   E.    Filling stations means any building or premises used for the retail sale of motor vehicle fuels or accessory oils, fluids, etc. Accessory repair services are included uses provided the premises are not used for storage of wrecked or junked motor vehicles for periods exceeding 30 days.
   F.    Floor area means the total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off - street parking requirements.
   G.    Frontage means the measure of a parcel that lies in direct contact with a public street.
7.    Words beginning with G.
   A.    Garage, private means a detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.
   B.    Garage, public means any building or premises used as a business to repair, sell or trade motor vehicles, except no wrecked or junked motor vehicles may be stored outside for more than 30 days.
   C.    Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.
8.    Words beginning with H.
   A.    Home occupation means any business, profession, occupation, or trade conducted for gain or support within a residential building or an accessory structure thereto which is incidental and secondary to the use of such a building for dwelling purposes and which does not change the essential residential character of such building.
   B.    Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.
9.    Words beginning with I.
   A.    Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.
10.    Words beginning with J.
11.    Words beginning with K.
12.    Words beginning with L.
   A.    Lodging house means a building or place where lodging and boarding is provided, or which is equipped regularly to provide lodging and boarding by pre-arrangement for definite periods, for compensation, for three or more, but not exceeding 12 individuals, not open to transient guests, in contradistinction to hotels open to transients.
   B.    Lot means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning Code, including one main building together with its accessory buildings, open spaces and parking spaces required by this Code, and having its principal frontage upon a street.
   C.    Lot, corner shall mean a lot abutting upon two or more streets at their intersection.
   D.    Lot, depth of shall mean the horizontal distance between the front and rear lot lines.
   E.    Lot, double frontage means a lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
   F.    Lot of record means lot or parcel of land, the deed of which has been recorded in the office of the County Recorder prior to the adoption of this Zoning Code.
13.    Words beginning with M.
   A.    Manufactured home lot means a lot within a manufactured home park for the placement of a single factory-built home and the exclusive use of its occupants.
   B.    Manufactured home means a factory-built home under authority of 42 U.S.C. Section 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.
   C.    Manufactured home park means a site, lot, field, or tract of land upon which three or more factory-built homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.
   D.    Manufacturing means the process of taking any number of raw or finished materials and producing a finished product not intended for retail sale on the premises.
   E.    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 shall also include any such vehicle with motive power not registered as a motor vehicle in the State. Mobile homes were constructed before June 15, 1976.
   F.    Monument sign means any sign supported by a foundation, uprights, or braces placed in the ground. Such a sign is not supported by any building. This type of sign is in contact with the ground and is not elevated by a pole or poles.
   G.    Motel, motor court, motor lodge, or tourist court means any building or group of buildings containing guest rooms or dwelling units, some, or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients.
14.    Words beginning with N.
   A.    Nonconforming use shall mean any building or land lawfully occupied for a use at the time of passage of this Zoning Code or amendment thereto which does not conform after the passage of this Zoning Code or amendment thereto with the use regulation of the district in which it is situated.
   B.    Nursing home means a home for the aged or infirm, in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care, for compensation; but not including hospitals, clinics, or similar institutions.
15.    Words beginning with O.
   A.    Obsolete sign means any sign that advertises a business, lessee, owner, product, service, or activity that is no longer located on the premises where the sign is displayed.
16.    Words beginning with P.
   A.    Parking space means an area sufficient in size to store an automobile together with a driveway connecting the space to the street. For all uses except in a residential district, the term parking space shall include sufficient area to permit maneuvering into and out of the space. The maneuvering area or parking area may not include public walkways.
   B.    Patio or terrace means a paved area or platform no more than 12 inches above the ground.
   C.    Permanent sign means a sign that does not advertise a single event such as a yard sale, an electoral campaign, a real estate sale, or a special event such as a church or civic festival. A permanent sign is made of materials intended for long-term use. Permanent signs include, but are not limited to: wall signs, monument, free-standing signs, pole signs, projecting signs, and roof signs.
   D.    Pets means any animal maintained or capable of being kept in the home for noncommercial, personal enjoyment. For the purposes of this Zoning Code, pets shall not include domesticated animals normally thought of as farm or ranch animals including cows, pigs, horses, chickens, ducks, turkeys, geese, other fowl, goats, or sheep; nor shall it include any animal normally thought of as wild.
   E.    Pole sign means any sign that is mounted on a freestanding pole, poles, or other support so that the bottom edge of the sign face(s) is above grade. A billboard sign is a type of pole sign.
   F.    Porch means a structure with a roof and no walls.
   G.    Premises means a lot, together with all buildings and structures thereon.
   H.    Projecting sign means a sign for commercial structures, which is suspended from a mounting attached directly to the building wall, hangs perpendicular to the building wall, and possibly extends into a public right-of-way.
17.    Words beginning with Q.
18.    Words beginning with R.
   A.    Required rear yard means that portion of the rear yard, extended forward from the rear lot line, which comprises the minimum setback distance for the zone in which it is located.
   B.    Roof sign means a sign erected or constructed wholly upon or over the roof of a building and supported on the roof structure.
19.    Words beginning with S.
   A.    Satellite devices means any device designed to receive, transmit, or translate signals from television, other satellites, or other broadcasting devices for home and personal use. For the purposes of this Zoning Code, residential use of satellite devices shall be considered accessory buildings and subject to all regulations that apply to accessory buildings. Area taken up by satellite devices shall be computed by squaring the largest width. Commercial use of satellite devices are special uses.
   B.    Setback means the distance required to obtain minimum front, side, or rear yard space requirements as measured from the property line as required by this Zoning Code.
   C.    Sign means an identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.
   D.    Story means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
   E.    Story, half means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60 percent of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.
   F.    Street means a public way which affords the principal means of access to abutting property.
   G.    Structure means anything constructed or erected, the use of which requires permanent location on the ground; or attached to something having a permanent location on the ground and including, but not limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.
   H.    Structural alteration means any change except those required by law or this Code, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other regulations.
20.    Words beginning with T.
   A.    Temporary sign means a sign that is not permanently affixed or anchored to a structure of the ground for long-term use.
21.    Words beginning with U.
22.    Words beginning with V.
23.    Words beginning with W.
   A.    Wall sign means any sign attached parallel to a wall, painted on the wall surface or, or erected and kept within the confines of an outside wall of any building or structure, which is supported by such wall or building. Wall signs do not include signs or lettering on doors or windows. Wall signs do not include minor directional signs and similar.
   B.    Wind turbine means any structure that is supported, wholly or in part, by the ground or another structure that is designed to harness, use, or store energy from wind power.
   C.    Wind turbine height means the vertical distance measured from the base of the structure to the top of the tallest blade when the blade is parallel and extending over the base structure.
24.    Words beginning with X.
25.    Words beginning with Y.
   A.    Yard means an open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Zoning Code.
   B.    Yard, front means that portion of the full width of the lot that exists from the street right-of-way to the closest structure. Corner lots have two front yards, and must meet minimum set back requirements for each. Double frontage lots shall have the street exposure closest to the main entrance of the structure as the front yard.
   C.    Yard, rear means the yard extending the full width of the lot between a main building and the rear lot line.
   D.    Yard, side means a yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
26.    Words beginning with Z.