[Amended 12-5-2024 by Ord. No. 24-20; 4-3-2025 by Ord. No. 25-06; 6-19-2025 by Ord. No. 25-15]
As used in this chapter, the following terms shall have the meanings indicated:
ABUT or ABUTTINGHaving a common lot line, zoning district boundary line or other boundary, not separated by a street or alley.
ACCESSORY BUILDINGA building that is subordinate in area, extent and purpose to the principal use and building on the lot and that is customarily used or occupied for a permitted accessory use. Examples of accessory buildings include private garages and storage buildings.
ACCESSORY STRUCTUREA structure that is subordinate in area, extent and purpose to the principal use and building on the lot and that is customarily used for a permitted accessory use. Examples of accessory structures include signs, fences and decks.
ACCESSORY USEA use that is subordinate in area, extent and purpose to the principal use on the lot, and that is customarily maintained for the benefit of a permitted principal use. Examples of accessory uses include off-street parking facilities and outdoor storage.
ADDITION OR EXPANSIONAny of the following:
A. An increase in floor area of a building.
B. A modification to the roofline of a building, such as the construction of a dormer that increases the amount of floor space devoted to human use or occupancy.
C. The reconstruction of a building or structure which is not accompanied by a change in the use of a lot.
ADVERTISING BENCHAny bench or bench-like structure that is used, in whole or in part, for advertising purposes by means of a message or design painted on, printed on, affixed to or otherwise designed as an integral part of the bench. See §
340-8.3 for regulations.
AGRICULTUREThe use of land for agricultural purposes, including farming, limited to cultivation of grain crops, horticulture, floriculture and viticulture. This use does not include retail sales, such as nurseries.
AGRICULTURE, URBANThe use of a lot for the cultivation of food and/or horticultural crops and accessory composting. Such use may include farm stands, accessory keeping of hens, ducks or honeybees where allowed by underlying zoning.
AIRPORTA facility where winged aircraft may land and take off, which may include runways, hangars, facilities for refueling and repair, accommodations for passengers, air traffic control towers, communications towers and antennas, lighting for runways and other facilities, and administrative offices. It may also include a heliport as an accessory use.
ALLEYA public right-of-way, normally 20 feet or less in width, that affords a secondary means of access to abutting properties.
ALTERATIONAny physical change to the exterior surface of a building or part thereof, including but not limited to renovation, rehabilitation, reconstruction, restoration or replacement, or any change that affects the interior configuration of walls, spaces or bulk of a building or structure.
ANIMAL (LIVESTOCK) BREEDING OPERATIONA distinct business or establishment with the intent to breed and/or raise livestock animals for commercial purposes, including but not limited to piggeries, dairies, poultry farms, rabbit farms, and aviaries. This type of business may include the keeping and/or boarding of animals necessary to the breeding operation. “Animal Breeding Operation” does not include a kennel or veterinary clinic/animal hospital, as defined herein.
ARCHITECTURAL FEATUREA visually apparent feature of a building or structure that contributes to its aesthetics, including but not limited to cornices, eaves, gutters, belt courses, lintels, sills, archways, windows, doors, chimneys, columns, pilasters and decorative ornaments.
ART GALLERY/STUDIOPremises used principally for the sale, display and exhibition of art. This use may include accessory production of art products and instruction in the production of art using paint, clay, fabric or other media. This use does not include the mass production or manufacture of objects.
ARTERIAL OR COLLECTOR STREETA street that is designated in the Marion Comprehensive Plan and Marion Major Streets Right-of-Way Guide as an existing or future strategic major arterial, minor arterial or collector street.
ARTIST WORK/LIVE SPACEBuilding or spaces within the ground or upper story of a building used for commercial and residential purposes where the residential use of the space is accessory to the primary use as a place of work located on the ground floor. This shall include mezzanine space accessed from the ground floor work space but shall not include dwelling, upper level units.
ASSISTED LIVINGA facility providing residential accommodations and daily assistance with services which may include but are not limited to health-related care, personal care and assistance with instrumental activities of daily living to three or more tenants in a physical structure which provides a homelike environment. "Assisted living" includes twenty-four-hour-per-day response staff to meet scheduled and unscheduled or unpredictable needs in a manner that promotes a maximum dignity and independence and provides supervision, safety, and security. (Iowa Code § 231C.2)
ATTENTION-GETTING DEVICEAny flag, streamer, pennant, light, balloon, fringe or similar device or ornamentation used primarily for the purpose of attracting attention for promotion or advertising a business or other use, which is visible by the general public from any public right-of-way.
AUTOMOBILE FRANCHISEThe right to sell a particular make of motor vehicle held by any person, firm or corporation owning or demising any portion of the land, irrespective of whether a particular manufacturer has multiple makes or brands. By way of example only, a corporation authorized to sell Pat McGrath manufactured Jeep vehicles and Pat McGrath-Buick manufactured Dodge vehicles shall be considered to have two franchises.
AWNINGA structure made of cloth, metal or other materials affixed to a building and generally located to provide shade for windows and doors.
BANKAn establishment such as a bank, savings bank or credit union that offers financial services, including maintaining checking and savings accounts, and issuing loans and other credit. Investment and other financial services may be provided as part of a bank's range of services. This use is distinct from a financial institution, which does not offer checking and savings accounts.
BASEMENTA portion of the building partly underground but having less than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.
BAY WINDOWA window which projects outward from the building wall and does not rest on the building foundation or on the ground.
BEACONA light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source. However, this term shall not include any kind of lighting device that is required or necessary under the safety regulations described by the Federal Aviation Administration or other similar agencies. "Beacon" shall not include "searchlight," as defined herein.
BED-AND-BREAKFASTOne-unit residences, occupied by owners or resident managers, which offer lodging on a temporary basis to paying guests in a room(s) without cooking facilities, and may offer breakfast or other meals to these guests. A bed-and-breakfast establishment is differentiated from a hotel/motel in that it typically was designed originally as a one-unit residence and has a smaller number of rooms.
BERMA mound or embankment of earth, usually two feet to six feet in height, designed to provide visual interest on a site, or to screen, shield or buffer properties from undesirable views, reduce noise or fulfill other such purposes from adjoining uses or roadways.
BLOCKA tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines, shorelines of waterways or corporate boundary lines.
BLOCK FACEThe properties abutting on one side of the street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, public parks, cemeteries, corporate boundary line or watercourse.
BLOCK FRONTAGEThe total horizontal length of the lot frontages on one side of a street between the two nearest intersecting streets, or, if the street terminates in a dead end, between the nearest intersecting street and the dead end of the street.
BOARDINGHOUSEA building other than a hotel or motel, where for compensation and arrangement, lodging and/or meals are provided for three or more persons.
BOLLARDA functional pole or sphere attached to the ground intended to control automobile access into pedestrian areas or protect structures in pedestrian areas from automobile damage.
BREEZEWAYA roofed, open-sided structure that connects a principal building with an accessory building.
BUFFER YARDAn area of a lot with landscape plantings and other components used to visibly separate one use from another or to shield noise, lights or other nuisances.
BUILDABLE AREAThe area of a lot remaining, which may be built upon, after requirements of the zoning ordinance and the floodplain regulations, any easements and site-specific physical limitations have been observed.
BUILDINGA structure attached to the ground built for the support, shelter or enclosure of persons, animals or property of any kind.
BUILDING COVERAGEA measure of intensity of land use that represents the portion of a site that is covered by a principal building or buildings, including attached garages and enclosed porches, and accessory buildings, including detached garages and any other enclosed accessory building in excess of 120 square feet of lot coverage. Building coverage shall be measured at the outer edge of the foundation line, or at the outer wall surface or support column in the case of a post or other noncontinuous foundation, excluding projections for bay windows. Building coverage shall not include unenclosed porches, decks or unenclosed accessory structures such as gazebos, swimming pools or tennis and sports courts.
BUILDING FRONTAGEThe horizontal length of any side of a building or portion thereof that faces a public or private street or parking area.
BUILDING HEIGHTThe vertical distance from grade at the midpoint of the required front building line to a specified point on the building:
A. In the case of a flat roof, to the highest point of the wall or parapet; if the building design provides for enclosed mechanical equipment on the roof, the building height shall be measured to the highest point of the enclosing structure, if the enclosing structure comprises more than 20% of the lot coverage of the building.
B. In the case of a gable, hip, gambrel or mansard roof, to the top of the ridge of the highest area of the roof.
C. Building elements extending above the main portion of the building, such as chimneys, spires, steeples, towers, elevator penthouses, tanks and similar projections, shall not be included in calculating building height, unless the area of a horizontal plane through the widest part of the building element comprises more than 20% of the lot coverage of the building.
BUILDING LINEA line within the lot parallel to a front lot line or exterior side lot line, which is separated from such lot line by the depth of the required front yard or exterior side yard, respectively.
BUILDING, ATTACHEDA building which is joined to another at one or more sides by a common wall, except that any accessory building, including a garage, shall also be considered as attached to the principal building if connected by a roof.
BUILDING, COMPLETELY ENCLOSEDA building enclosed by a permanent roof and continuous exterior walls having openings only for windows, screens and entrance or exit doors.
BUILDING, DETACHEDA building surrounded by open space on the same lot. A building connected to another building only by an unenclosed structure shall be deemed to be a detached building.
BULKThe term used to indicate the size of buildings or structures, and the location of the same with respect to lot lines and to one another, which includes the following:
D. Floor area and floor area ratio.
F. Yards, setbacks, landscape buffers and other open space.
BULLETIN BOARDAny sign with a changeable message board erected in a permanent fashion which is erected upon the same property as the user; provided that the placement of such bulletin board does not obstruct the required corner visual clearance or otherwise present a traffic safety hazard.
BUSINESSThe engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operations of offices or recreational and amusement enterprises for profit.
CANOPYA permanent rooflike structure that projects from the wall of a building and overhangs the right-of-way or open space outside the building; normally used to shelter pedestrians from rain or snow or as a decorative architectural feature.
CAR WASHA building or portion thereof containing facilities for washing vehicles, using either automatic or manual equipment, where the vehicle washing service is available to the general public.
CARNIVALA traveling or transportable group or aggregation of rides, shows, games or concessions, or any combination thereof, which occur outdoors. It may be conducted as one enterprise or several concessionaires, and one admission fee may be charged for all shows or entertainments or a separate fee may be charged for admission to each amusement.
CARPORTAn open-sided, roofed structure designed to shelter one or more vehicles, usually formed by an extension of the roof from the side of a building.
CELLARThe portion of a building located partly or wholly underground and having 1/2 or more than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.
CEMETERYIncludes cemeteries for the burial of people or animals, mausoleums, columbariums and memorial parks, but excluding crematoriums.
CIRCULAR DRIVEWAYA driveway on a one- or two-unit residential lot configured generally in a "U" shape, having two points of access to a public street or streets.
CLEAR ZONEAn area of a lot that is required to be kept clear of obstructions as specified by this chapter, to provide access to fire hydrants and electrical equipment.
COFFEE OR TEA ROOMA limited-menu restaurant which is located in conjunction with and on the same premises as a retail use. As a permitted use, a coffee or tea room need not meet the definition of an accessory use in relation to the retail use. As an accessory use, the coffee or tea room must meet the definition of an accessory use in relation to the retail use.
COLLEGE/UNIVERSITYPublic or private colleges, universities, community colleges or other institutions of higher learning that primarily teach classes that would count toward an associate's, bachelor's, master's or doctoral degree, and that may include associated dormitories. "College/University" shall not include "schools, specialized instructional," as defined herein.
COMMERCIALA use or activity involving the sale of goods or services with the intent of realizing a profit. A commercial use may also be referred to as "retail" and/or "service" uses.
COMMERCIAL VEHICLEAny vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose or a recreational vehicle not being used commercially.
COMMISSIONThe Planning and Zoning Commission of the City.
COMMUNICATIONS ANTENNAAny exterior apparatus designed for telephone, personal wireless services, broadband, radio or television communications through the sending and/or receiving of electromagnetic waves.
COMMUNICATIONS TOWERA structure designed and constructed primarily for the purpose of supporting one or more communications antennas, including self-supporting lattice towers, guy towers and monopole towers. This use includes radio and television transmission towers, personal communications service (PCS), microwave towers, common-carrier towers, cellular telephone towers and the like. This use does not include any structure erected solely for a residential, noncommercial individual use, such as television reception antennas, satellite dishes or noncommercial wireless antennas (amateur radio).
CONDITIONAL USEThe use allowed in a zoning district after approval is granted by the Zoning Board of Adjustment according to the provisions set forth in §
340-11.1 of this chapter.
CONTRACTOR'S YARDAn unenclosed portion of land operated by or on behalf of a contractor for the storage of large equipment, vehicles, scrap material and/or material stockpiling commonly used in the individual contractor's type of business.
CONVENT/MONASTERYA building where persons (such as nuns or monks) reside under religious vows.
CORRECTIONAL FACILITYA facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of a civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail and prison. Temporary holding cells in police stations are not considered correctional facilities, provided they are accessory in area, extent and purpose to the police station.
CULTURAL FACILITYFacilities open to the public including, but not limited to, museums, cultural centers and aquariums. "Cultural facility" does not include a library, place of worship or lodge or private club, as defined herein.
CURB LEVELThe elevation of the established curb in front of a building or structure, measured at the midpoint of the building's or structure's frontage. Where there is pavement, but no curb, curb level shall be deemed to be the elevation of the center line of the street surface in front of the building or structure, measured at the midpoint of the building's or structure's frontage.
DAY-CARE CENTERA facility in which are received six or more children for part or all of a day and includes but is not limited to the following: nursery school, kindergarten, child-care center, day nursery, preschool and playground. It does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary systems.
DAY CARE, ADULTA facility providing care for elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day. Services often offered in conjunction include, but are not limited to, social and recreational activities, training, counseling, meals and/or medication assistance.
DAY CARE, HOME (CHILD-CARE HOME)A person or program providing child care to five children or fewer children at any one time that is not registered to provide child care, as authorized under Iowa Code § 237A.3. Play structures are seen as accessory to the use.
DECKAn accessory structure that may be attached or unattached to the principal building, which is open to the sky and provides a platform that is raised above the ground.
DEEP DISCOUNT STOREA retail store that dedicates less than 15% of shelf space to fresh or fresh frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premises consumption, personal grooming and health products, household goods and other consumer products that generally cost less than $10.
DEGREE OF NONCONFORMITYThe degree of deviation of a particular nonconformity from uses or structures permitted within a zoning district. The principal uses listed under a specific zoning district shall be interpreted to have the same degree of nonconformity for the purposes of this chapter.
DELAYED-DEPOSIT SERVICE USESAn individual, group of individuals, partnership and association, corporation or any other business unity or legal entity, who or which, for a fee, accepts a check dated subsequent to the date it was written or to a check dated on the date it was written and holds said check for a period of time prior to deposit or presentment pursuant to an agreement with or any representation made to the maker of the check, whether express or implied. For the purposes of this chapter, "check" means a check, draft, share draft or other instrument for the payment of money.
DISTRICTA geographic area of the City within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DONATION BOXESAny enclosed container located on private or public property specifically for the purpose of collecting donated clothing, books, electronics or other similar items. Cargo containers, trash dumpsters or trash receptacles shall not be considered donation boxes.
DRIVE-THRU FACILITYAn accessory use to a business establishment in which a patron receives goods or services while remaining in their personal vehicle. This does not include drop-off boxes such as bill pay or postal boxes (public or privately owned). (See also "restaurant, drive-thru.")
DRIVEWAYA private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
DWELLINGA building, or portion thereof, designed or used exclusively for residential occupancy, but not including an hotel/motel or bed-and-breakfast establishment, nor an automobile house trailer, recreational vehicle as defined herein.
DWELLING UNITA dwelling unit consists of a group of rooms which are arranged, designed, used or intended for use exclusively as living quarters for one family, as defined by this chapter, and which include permanently installed bathroom and kitchen facilities.
DWELLING UNIT, AUXILIARYAn attached or detached dwelling unit conforming to the following provisions:
A. AUXILIARY DWELLING UNIT, ATTACHEDA dwelling unit attached to a one-unit dwelling. The attached auxiliary dwelling unit may have permanent, independent provisions for living, sleeping, eating, cooking and sanitation. A separate exterior entrance to the auxiliary dwelling unit may be provided. An interior connection between the auxiliary dwelling unit and the one-unit detached dwelling is not necessary, unless required to meet building or fire prevention code requirements.
B. AUXILIARY DWELLING UNIT, DETACHEDA dwelling unit, but not a manufactured home, surrounded by open space, which is constructed on the same lot as a one-unit detached dwelling. The detached auxiliary dwelling unit may have permanent, independent facilities for living, sleeping, eating, cooking and sanitation.
DWELLING, ATTACHEDA dwelling that is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, EFFICIENCY/MICRO UNITA dwelling unit, included as part of a multi-unit development, with a total gross floor area of no more than 500 square feet.
DWELLING, FOUR-UNITA building containing four dwelling units attached either vertically or horizontally.
DWELLING, MULTI-UNITA building with five or more dwelling units not designed as townhouses (See "dwelling, townhouse."), where each dwelling unit is provided an individual entrance to the outdoors or to a common hallway.
DWELLING, ONE-UNITA detached dwelling containing a single dwelling unit. Travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included in this definition.
DWELLING, THREE-UNITA building containing three dwelling units attached either vertically or horizontally.
DWELLING, TOWNHOUSEA building with two or more attached dwelling units arranged side-by-side, sharing common fire-resistive walls without openings, where each dwelling unit occupies an exclusive vertical space with no other dwelling unit above or below, and where each dwelling unit has at least one individual exit directly to the outdoors.
DWELLING, TWO-UNITA building containing two dwelling units attached either vertically or horizontally. This use does not include "auxiliary dwelling units" as defined herein.
EASEMENTA legal interest in land, granted by the owner to another person, which allows that person's use of all or a portion of the owner's land, generally for a stated purpose including but not limited to access or placement of utilities, or access.
ELECTRONICS SUPERSTOREAn establishment with more than 30,000 square feet of floor area that specializes in the sale of electronic merchandise. Examples of items sold in these stores include: televisions, audio and video players and recorders; software; telephones; computers; and general electronics accessories. Major home appliances may also be sold at these facilities.
EMERGENCY MEDICAL CENTERA facility, other than a hospital, that provides emergency medical care and that is authorized by the State of Iowa as required.
ERECTTo build, construct, attach, hang, place, suspend or affix; also includes the painting of wall signs.
FACADEAny wall of a building which faces, or is visible from, a public street or residential district.
FAMILYA group of individuals, not necessarily related by blood, marriage or legal adoption, living together as a single housekeeping unit.
FAMILY HOMEA residential home which is licensed as a residential care facility under Chapter 135C of the Code of Iowa, or as a child foster care facility under Chapter 237 of the Code of Iowa, to provide room and board, personal care, rehabilitation services and supervision in a family environment exclusively for not more than eight persons with developmental disabilities or brain injuries, and any necessary support personnel. "Family home" does include an elder group home as defined under 481 IAC 68.1. However, "family home" does not mean an individual foster care family licensed under Chapter 237 of the Code of Iowa.
FENCEA constructed barrier of wood, masonry, stone, wire, metal or other manufactured material, or combination of materials erected to enclose, screen or separate areas.
FENCE HEIGHTThe vertical distance from grade directly under the fence to the top of the fence. Support posts or decorative elements may be excluded in measuring the height of a fence if they do not exceed 125% of the height of the other elements of the fence, do not exceed six inches in diameter or width and are spaced at not less than three feet on center.
FENCE, OPENA fence designed and constructed so that the surface area of any segment of the fence, inclusive of any gates, allows for the passage of light through at least 50% or more of its surface area, as compared to solid materials, when viewed perpendicular to the plane of the fence.
FENCE, SOLID/OPAQUEA fence designed and constructed so that the surface area of any segment of the fence, inclusive of any gates, prevents the passage of light through more than 50% of its surface area when viewed perpendicular to the plane of the fence.
FINANCIAL INSTITUTIONAn establishment, the principal use or purpose of which is the provision of financial services, including, but not limited to, mortgage companies and investment services. "Financial institution" shall not include currency exchanges, banks, credit unions and savings banks.
FIREWORK SALESThe sale of any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes fireworks containing any explosive or flammable compound, or other device containing any explosive substance and that meets the definition of "consumer fireworks," "display fireworks" or "novelty fireworks" as defined by the American Pyrotechnics Association, and include, but are not limited to, firecrackers, torpedoes, sky rockets, Roman candles, sparklers, poppers, snappers or the like.
FLOOR AREA, GROSSThe sum of the gross horizontal floor areas of the several stories of a building, plus any basement or cellar floor area, measured from the exterior faces of the exterior walls, or in the case of a common wall separating two buildings, from the center line of the common wall. Gross floor area shall not include interior parking or loading spaces, or any space where the floor-to-ceiling height is less than six feet.
FOOTCANDLEA measuring unit of illuminance on a surface that is uniformly one foot from a uniform point source of light of one candela.
FREQUENCYSignifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
FUNERAL HOME/MORTUARYAn establishment providing services for preparing deceased humans for burial and may include a chapel or gathering space for the display of the deceased and rituals connected therewith before burial or cremation. This excludes cemeteries, columbariums and mausoleums.
FURNITURE STOREA full-service retail facility that specializes in the sale of furniture. Furniture stores are generally large and may include storage areas. Although some home accessories may be sold, furniture stores primarily focus on the sale of pre-assembled furniture.
GAS STATIONAn establishment offering for sale at retail to the public fuels, oils and accessories for motor vehicles, which may also offer convenience goods such as food, beverages and other items typically found in a convenience market. "Gas station" does not include "motor vehicle service and repair, minor," as defined herein. For gas station facilities with drive-thru fast-food windows, see "drive-thru facility."
GOLF COURSELand used for playing the game of golf by the public or by members and guests of a private club, and which may include any of the following: clubhouse, meeting rooms, food and beverage services, tennis facilities, landscaping, irrigation systems, driving ranges, paths and golf greens and tees, and maintenance buildings.
GRADEThe elevation of the ground at a reference point or line, as may be specified for the applicable regulation.
GREENHOUSEA building or structure used for growing plants and/or displaying and selling of horticultural and related products, not including the conduct of a landscape contracting business on the premises.
GROCERYRetail establishments primarily selling a wide variety of food commodities, but which also may sell other convenience and household goods, using facilities larger than 30,000 square feet.
GROCERY, MEDIUMRetail establishments primarily selling a wide variety of food commodities, but which also may sell other convenience and household goods, using facilities between 10,000 square feet and 30,000 square feet.
GROCERY, NEIGHBORHOODRetail establishments occupying facilities of 10,000 square feet or less and characterized by sales of specialty foods or a limited variety of general items. The accessory sale of fuel for motor vehicles is not allowed. Typical uses include delicatessens, meat markets, retail bakeries, candy shops and small grocery stores.
GROUP HOMEA facility for the residence of individuals, including resident persons providing care and supervision in a family setting. A group home shall be duly approved and licensed as required by applicable state and local regulations. A group home does not include a facility such as a family home, rehabilitation house, lodging house, fraternity, sorority, health care facility or similar institution.
HEALTH/FITNESS CLUBAn establishment that provides exercise facilities such as running, jogging, aerobics, weight lifting, court sports and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses.
HEAVY RETAIL AND SERVICEA retail and/or service establishment where a) outdoor service or storage areas or partially enclosed structures are used in conjunction with the business, or b) the sale of goods or services to the general public at retail is secondary to the sale of goods or services to contractors, service professionals and the like at wholesale. This use includes, but is not limited to, equipment rental and leasing, lumberyards and other building material and building supply establishments; auto parts establishments, commercial greenhouses and garden centers; landscape, construction and lawn maintenance contractor yards; contractor's offices and storage; bulk materials sales and storage; swimming pool sales; deck and patio sales, playground equipment sales; and recreational vehicle and mobile home dealers. Outdoor sales areas and outdoor storage are permitted as accessory uses. "Heavy retail and service" does not include: home improvement center, retail sales, personal services, pawn shops, motor vehicle sales and leasing or adult uses, as defined herein.
HEIGHTThe vertical distance from grade to a specified point or plane. See also "building height," "fence height," "sign height."
HELIPORTAn area used or intended to be used for the landing and take-off of helicopters that is certified by the State of Iowa as such.
HISTORIC BUILDINGA building that has been designated by the City, the State of Iowa or the National Trust for Historic Preservation as an architectural or historic landmark, or that is a significant or contributing building within a designated historic district.
HISTORIC LIGHTING FIXTUREA lighting fixture mounted on an historic building, that was either part of the original design and construction of the historic building or has been approved by the City as being consistent with the original design and construction of the historic building.
HOME IMPROVEMENT CENTERAn establishment with more than 50,000 square feet of floor area that sells building supplies, construction equipment, home decorating fixtures and accessories, and related goods and services to the general public. Outdoor sales, permanent and temporary, are permitted as accessory uses. "home improvement center" is distinct from "heavy retail and service," as defined herein.
HOME OCCUPATIONThe conduct of a business or profession within a dwelling unit by one or more members of the family residing therein, which is incidental and secondary to the residential use. Home occupations include, but are not limited to, the following: the practice of law, engineering, architecture and accounting; brokerage; business offices; instruction in or the practice of art, photography, music, language or dance; computer services; hair cutting and styling; and day-care homes. The following occupations, as well as others which do not have a character similar to those listed above, are specifically excluded from the definition of "home occupation": restaurants, bed-and-breakfast establishments, nursing homes, mortuary establishments and retail sales establishments with stock displayed and/or sold on the premises.
HOMELESS SHELTERA facility that provides temporary sleeping and/or living accommodations and meals to homeless persons and which may include counseling, accessory offices or recreational facilities for occupants.
HORSE STABLE, PRIVATEA detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
HOSPICEA facility or program licensed by the State of Iowa that meets the requirements as authorized under the Iowa Licensed Hospice Program (Iowa Code § 135.J).
HOSPITALAn institution that provides emergency room and other services, including but not limited to physical or mental health services, in-patient or overnight accommodations, and medical or surgical care services, that is licensed by the State of Iowa under Iowa Code § 135B, Licensure and Regulation of Hospitals.
HOTEL/MOTELA building where guest rooms or suites are offered for a fee to temporary or transient guests to provide temporary sleeping and/or living accommodations. This use is distinct from a bed-and-breakfast establishment and homeless shelter, as defined herein.
IMPERVIOUS SURFACEA hard, man-made surface that does not readily absorb or retain water, including but not limited to roofs, paved areas for parking and driveways and graveled areas.
INDEPENDENT-LIVING FACILITYA multi-unit dwelling that is limited to occupancy by persons who are 55 years of age or older or, if two persons occupy a unit, at least one shall be 55 years or older. Such facilities may include offering congregate meals in a common dining area. This use may include incidental medical services for the convenience of residents, but is distinct from an assisted-living or nursing home, as defined herein.
INDOOR RECREATION AND AMUSEMENTIndoor facilities including health/fitness clubs, sports arenas, swimming pools, ice or roller skating rinks, bowling alleys, tennis, handball and other court games, sports clubs, indoor golf, paintball marking, pool, billiards, foosball, table tennis, shuffleboard, pinball machines, video games and similar recreation or amusement facilities. This use may include accessory uses such as snack bars, pro shops and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.
INFLATABLE ADVERTISING DEVICEA portable advertising device that is supported primarily by compressed air or other gases. Such devices may be sealed from escaping or may be maintained in an inflated condition by means of a fan or blower which is designed to maintain air pressure inside the device greater than the atmospheric air pressure outside the device. See §
340-8.3 for regulations.
INTENSITY OF USEAn increase to an existing use of a building, structure or land area through the addition of dwelling units, gross floor area, seating capacity, additional employment or similar units of measure.
JUNK/SALVAGE YARDAn open area where waste and/or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. This use includes auto salvage yards but does not include a recycling facility as defined herein.
KENNELAny lot or premises, or portion thereof, where more than four dogs, cats and other household domestic animals, over four months of age, are kept, or where more than two such animals are boarded for compensation. This use includes animal day-care establishments, but does not include the retail sale of household domestic animals unless animals are kept or exercised out-of-doors. A kennel does not include domestic animals owned as pets by an occupant.
LANDSCAPING, BUILDING FOUNDATIONA planted area located adjoining exterior building walls and containing a common side with the structure. Turf is not a component of this planted area.
LIBRARYA public or private facility where books, periodicals, recordings and other documents are principally maintained for borrowing and use by patrons, rather than being offered for sale. This use may include the incidental sale of surplus materials and other goods.
LIQUOR, SMOKE, AND VAPE STOREA retail establishment in which the sale of alcoholic beverages, tobacco products, smoking accessories, vaping devices, and related merchandise primarily for off-premises consumption or use constitutes more than 50% of its annual gross sales. These stores may offer a variety of alcoholic beverages, including spirits, beer, and wine, as well as tobacco products such as cigarettes, cigars, and vaping supplies.
LIVE ENTERTAINMENTThe performance of singing, playing musical instruments, spoken word or dancing by live performers within an establishment such as a restaurant or tavern/bar, or portion thereof. Live entertainment does not include theaters that may have live musical performances as part of a theatrical production, or restaurants that play low-volume background music.
LOADING SPACE, OFF-STREETAn unobstructed area located totally outside of any street or alley right-of-way, the principal use of which is for standing, loading or unloading of trucks or trailers.
LODGE OR PRIVATE CLUBA nonprofit association of persons who are bona fide members paying dues, which owns, hires or leases a building, or portion thereof, where the use of the premises is restricted to members and their guests.
LOGOA business trademark or symbol.
LOTA tract of land which is designated by its owner at the time of application for a building permit as a unified parcel, all of which is to be developed and used under single ownership. A lot may consist of a) a single lot of record or b) a combination of contiguous complete lots of record. The term "lot" includes the words "plot," "parcel" and "tract." See below for lot types.
LOT AREAThe area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT COVERAGEA measure of intensity of land use that represents that portion of the horizontal area of a lot that is covered by the principal building or buildings and accessory buildings and structures, including, but not limited to:
A. Attached and detached garages (measured at the foundation).
B. Accessory sheds (measured at the outer wall surface).
C. Gazebos and cabanas (measured at the outer wall surface).
D. Enclosed and unenclosed porches (measured at the outer edge of the foundation line, or at the outer wall surface or support column in the case of a post or other noncontinuous foundation).
E. Decks and accessibility ramps (measured at the outer limits of the deck or ramp surface).
F. Swimming pools (measured at the outer edge of the pool deck).
G. Tennis courts and sports courts (measured at the outer edge of the court surface).
LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT FRONTAGEThe horizontal length of a front lot line or an exterior side lot line abutting a street. The term "street frontage" is equivalent.
LOT LINEA property boundary line of any lot; except that where any portion of the lot extends into an abutting street or alley, the lot line shall be deemed to be the established or existing street or alley right-of-way line.
LOT LINE, EXTERIOR SIDEA lot line which abuts a street, and which is not a front lot line or a rear lot line; may also be referred to as a "lot line, corner side."
LOT LINE, FRONTA. In the case of an interior lot, the lot line that abuts an improved or dedicated street.
B. In the case of a corner lot or flag lot, the front lot line shall be as established on the plat of subdivision. For corner lots, if a front lot line was not established on the plat of subdivision, the front lot line shall be the shortest lot line adjoining a street; if both lot lines adjoining the street are the same length, the front lot line shall be as established by the owner at the time of application for a building permit. For flag lots, if the front lot line was not established on the plat of subdivision, the front lot line shall be as established by the owner at the time of application for a building permit.
C. In the case of a through lot, the front lot line shall be the lot line that does not abut a collector or arterial street; if neither street abutting the lot is a collector or arterial street, the front lot line shall be the established common front lot line on the block. If no common front lot line has been established, the front lot line shall be established along the street where access is provided to the lot. If none of the preceding conditions apply, then the front lot line shall be established by the owner at the time the building permit is issued.
D. In the case of a lot with no frontage on a street, the front lot line shall be as established in a PUD or, if not so established, shall be designated by the Director of Community Development based upon the orientation of the building and its entrances in relation to the location of parking lots, access drives and visibility of the building from public streets. In general, the front lot line should be designated so that the front of the building faces the front lot line.
LOT LINE, REARThat boundary of a lot that is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than 10 feet in length, or if the line forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. In the case of a through lot, the rear lot line shall be the lot line abutting a street that is, or is most nearly, opposite from and parallel to the designated front lot line.
LOT OF RECORDA lot which is part of a recorded subdivision, or a lot or parcel described by metes and bounds, the description of which has been recorded.
LOT TYPESTerminology used when referencing the character of a lot.
A. LOT, CORNERA lot situated at the junction of, and abutting on, two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135°.
B. LOT, FLAGAn irregularly shaped lot which consists of two sections: the primary mass of the lot (the buildable portion), which is set back from the street access and located behind one or more other lots, and a narrow access corridor (the flagpole), which extends from the primary mass of the lot toward the street. The front lot line for a flag lot may be established on a lot line which is not a street frontage, and which is generally either parallel with or perpendicular to the street right-of-way.
D. LOT, REVERSED-CORNERA corner lot where the exterior side lot line is substantially a continuation of the front lot line of the first lot to its rear.
E. LOT, THROUGHA lot bounded by streets at opposite ends of the lot, which is not a corner lot.
F. LOT, THROUGH CORNERA lot abutting two parallel or approximately parallel streets, as well as a third street which is perpendicular or approximately perpendicular to the other two streets.
LOT WIDTHThe distance between the side lot lines of a lot measured by a straight line drawn between the intersections of the side lot lines with the front building line.
LOT, BUILDABLEA lot that meets all the minimum requirements of this chapter applicable to the construction of a principal building of a given type.
LUMINAIREA complete lighting unit consisting of a light source and all necessary optical, mechanical, electrical and decorative parts, but not including the pole or other support.
LUX (LX)A unit for measuring the illumination (luminance) of a surface. One lux is defined as an illumination of one lumen per square meter or 0.0001 phot. [By way of explanation, in considering the various light units, it is useful to think about light originating at a point and shining upon a surface. The intensity of the light source is measured in candelas; the total light flux in transit is measured in lumens (one lumen = one candela-steradian); and the amount of light received per unit of surface area is measured in lux (1 lux = 1 lumen/square meter). One lux is equal to approximately 0.09290 footcandle.]
MANSARD ROOFA double-sloped pitched roof rising steeply from the eaves and having a summit of flatter slope on both sides of the ridge.
MANUFACTURING, HEAVYActivities or processes that may involve the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process, and may involve outdoor operations. Typical heavy manufacturing uses include, but are not limited to: concrete batch plants; concrete, tile or brick manufacturing; automobile, truck and tire assembly; ammonia or chlorine manufacturing; metal casting or foundries; grain milling or processing; metal or metal ore production, refining, smelting or alloying; petroleum or petroleum product refining; boat, pool and spa manufacturing; slaughtering of animals; glass manufacturing, paper manufacturing, and wood or lumber processing. The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater-than-average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare or health and safety hazards, are considered heavy manufacturing.
MANUFACTURING, LIGHTThe assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place.
MEDICAL CANNABIDIOLAny pharmaceutical-grade cannabinoid that has a tetrahydrocannabinol level consistent with Iowa Code Chapter 124E.
MEDICAL CANNABIDIOL DISPENSARYAny dispensary selected and licensed by the State of Iowa to dispense medical cannabidiol within the State of Iowa and which shall abide by Iowa Code Chapter 124E.
MEDICAL CANNABIDIOL MANUFACTURERAny manufacturer selected and licensed by the State of Iowa to manufacture and to possess, cultivate, harvest, transport, package, process or supply medical cannabidiol within the State of Iowa and which shall abide by Iowa Code Chapter 124E.
MEDICAL/DENTAL CLINICA medical or dental office or clinic offering professional medical or dental services primarily on an outpatient basis. Such services may include examination and consultation, treatment, surgery, radiology, MRI, on-site testing laboratories, physical/occupational therapy, diagnostic services, training, administration and other services to patients provided by licensed medical or dental professionals. This use includes facilities certified by the State of Iowa as ambulatory surgical treatment centers. This use does not include a hospital as defined herein or a facility certified by the State of Iowa as an emergency center.
MEMORIAL PLAQUEA sign designating names of buildings and/or date of erection, and other items such as architect, contractor or others involved in the building's creation, which is cut into or attached to a building surface.
MEZZANINEAn intermediate or fractional story between the floor and ceiling of a main story. A mezzanine is usually just above the ground or main floor and extends over part of the main floor.
MICRO-BREWERYAn establishment licensed by the State of Iowa for the manufacturing, blending, fermentation, processing and packaging of alcoholic beverages for distribution, retail sale or wholesale, for consumption on or off premises, which produces less than 15,000 barrels per year. Taprooms or tasting rooms for on-site consumption of the manufacturer's products are permitted. This includes micro-distilleries and micro-wineries.
MINI-WAREHOUSEA structure or group of structures used for the purpose of renting or leasing individual storage spaces to different tenants who are to have access to such spaces for the purpose of storing and removing property. This includes shipping containers and other temporary individual structures.
MIXED USEA development or a single building in which there may be a blend of uses, including residential, commercial, office, cultural, institutional or manufacturing, which are vertically integrated, and that are located over each other in whole or in part. Mixed uses may be integrated horizontally, provided that they are physically interrelated by pedestrian areas that are uninterrupted by vehicular traffic. In horizontal integration of mixed uses, the uses may not be separated by roads or parking areas.
MODEL AIRPLANE FACILITYAn outdoor facility for displaying and flying model aircraft, including paved or unpaved runways and taxiways, shelter structures, seating such as benches or bleachers, parking facilities for participants and spectators and unpaved areas for temporary event parking. The area encompassed by the use shall include all flight paths and flyover areas.
MOTOR VEHICLEAny self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
MOTOR VEHICLE DISPLAY, OUTDOORThe outdoor display of new or used motor vehicles offered for sale or lease, which vehicles do not carry permanent motor vehicle registration tags but may be temporarily registered with "dealer" plates for purposes of test drives, transfer of vehicles between sales locations, use by sales personnel and similar limited uses. Outdoor motor vehicle display is permitted only in conjunction with an allowable motor vehicle sales and leasing use.
MOTOR VEHICLE RENTALAn establishment that offers motor vehicles, trucks, vans, recreational vehicles, trailers or other similar motorized transportation vehicles for rent to the general public.
MOTOR VEHICLE SALES AND LEASINGAn establishment licensed by the State of Iowa where the principal use is the sale or lease of new or used automobiles, trucks, vans, trailers, boats or motorcycles, or other similar motorized transportation vehicles. A motor vehicle sales and leasing establishment may maintain an inventory of the vehicles for sale or lease on site. Secondary support uses may also exist upon the same site, such as maintenance, repair and service areas, indoor parts storage areas and financial services areas. Motor vehicle display, outdoor, is permitted as an accessory use; vehicle service and repair, major and minor, as defined herein, are permitted as accessory uses or as additional principal uses.
MOTOR VEHICLE SERVICE AND REPAIR, MAJORIncludes, but shall not be limited to, establishments involved in major reconditioning of worn or damaged motor vehicles or trailers, engine rebuilding, towing and collision service, including body, frame or fender straightening or repair, and overall painting of motor vehicles. Such establishments often require the storage of vehicles to be repaired. Vehicle towing establishments, with or without repair facilities, are included in this category.
MOTOR VEHICLE SERVICE AND REPAIR, MINORAn establishment which performs minor repairs and service to any motor vehicle, including repairs and replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, brake relining and repairs, wheel alignment and balancing, repair and replacement of shock absorbers, touch-up work for paint chips and windshields, engine repair and service and transmission repair and service, which is conducted entirely within an enclosed building. Such use may include the incidental sales of motor oil, lubricants or motor vehicle accessories. This use does not permit the storage or repair of vehicles on the site for more than five days and does not include the services and activities of motor vehicle service and repair, major, as defined herein.
MOTOR VEHICLE STORAGE, PERMANENTThe outdoor storage of motor vehicles, trucks, vans, recreational vehicles, trailers or other similar motorized transportation vehicles, when not accessory to any principal use on the same lot.
MOTOR VEHICLE STORAGE, TEMPORARYThe temporary outdoor storage of motor vehicles, trucks, vans, recreational vehicles, trailers or other similar motorized transportation, when not accessory to any principal use on the same lot, conforming to the limits provided within §
340-9.20.
NAMEPLATEA sign indicating the name, address or profession of the person or persons occupying the lot or a part of the building. See §
340-8.3 for regulations.
NONRESIDENTIAL BUILDING OR USEA principal building or principal use thereof which is not arranged, designed, used or intended to be used for residential occupancy. Nursing homes, homeless shelters, hospice facilities, hotel/motels and bed-and-breakfast establishments are considered to be nonresidential buildings or uses for purposes of this chapter. (See "residential building or use.")
NONCONFORMING LOTA lot of record that does not meet the lot area or lot width requirements of this chapter for the zoning district in which it is located.
NONCONFORMING, LEGAL (LAWFUL)A building, structure or use lawfully erected and/or used prior to the adoption of this chapter, or amendments thereto, and which does not conform to the provision of this chapter, or amendments thereto, for the zoning district within which such building, structure or use is located.
NURSING HOMEAn institutional facility that meets the definition of a nursing facility as established in the Iowa Code of Health Care Facilities (Iowa Code Chapter 135C).
OBSTRUCTIONAny building or structure, or part thereof, which is so located as to come in the way of any open area required by this chapter. Trees or shrubs shall not be considered obstructions.
OFFICE, BUSINESS OR PROFESSIONALAn office used for business, professional or administrative uses, which may or may not offer services to the public, and is engaged in the processing, manipulation or application of business information or professional expertise. This use may include, as accessory uses, facilities not available for use by the general public such as meeting facilities, employee amenities such as exercise rooms and food service. This use does not involve the fabricating, assembling, warehousing or repair of physical products, and does not include medical/dental clinics, financial institutions or professional training centers.
OFFICE, GOVERNMENTAn office of a local, state or federal government organization. This use is distinct from a public service facility, as defined herein.
OPEN SPACEAny portion of a property where land and water areas are maintained or left in their natural state and are free from buildings, parking, storage or display of goods. These areas may include, but are not limited to, stormwater management, passive or active recreation, resource protection, buffer yards and setbacks.
OUTDOOR AMUSEMENTOutdoor facilities, including stadiums, outdoor theaters, go-cart courses, raceways, rodeos, outdoor music arenas, theme parks, amusement parks and privately owned water parks. Outdoor amusement may include accessory uses, such as snack bars, which are designed and intended primarily for the use of patrons of the principal use.
OUTDOOR DININGThe serving of food and/or beverages in an outdoor space with seats and/or tables accessory to a restaurant or other food service establishment.
OUTDOOR ENTERTAINMENT, TEMPORARYThe performance of live music outside of an enclosed building in an outdoor space as part of a community festival or an event hosted by the City, park district, school district or other governmental body, or as a temporary accessory use to a business.
OUTDOOR RECREATIONActive outdoor recreational facilities available to the general public, including lighted ball fields, lighted ball courts, driving ranges, miniature golf courses, batting cages, skateboarding courses, archery ranges, outdoor aquatic facilities owned and operated by a park district such as swimming pools, splash parks and water slides, and other similar uses. This use may include accessory uses such as snack bars that are designed and intended primarily for the use of patrons of the principal recreational use. Outdoor recreation does not include model airplane facilities, golf courses or outdoor amusement.
OUTDOOR SALES, PERMANENTThe sale or display for sale at retail of goods, or the provision of services, out-of-doors in conjunction with or accessory to a principal use, where the sale, display or provision of services exceeds the time limits provided herein for temporary outdoor sales.
OUTDOOR SALES, TEMPORARYThe sale or display for sale at retail of goods, or the provision of services, out-of-doors in conjunction with or accessory to a principal use, where the sale, display or provision of services conforms to the limits provided within §
340-9.26.
OUTDOOR STORAGEThe storage of any goods, material, merchandise or equipment outside of an enclosed building. Outdoor storage does not include the display of goods for sale at retail or temporary storage of refuse, nor does it include outdoor refuse dumpsters, recycling containers, compacting equipment, pallet storage, baled cardboard and other refuse and recycling materials.
OWNERA titleholder of record, or if title is held in trust, the beneficiary of the trust.
PARCELOne or more lots or parts of lots, which may or may not be in common ownership, designated by its owner(s) to be considered as one parcel for the purpose of applying a particular regulation of this chapter. (An example for illustrative purposes only: The owners of separate lots constituting a shopping center where parking and access are shared may designate the lots constituting the shopping center as a parcel so as to apply the regulations pertaining to parking, signs, etc.)
PARK, NEIGHBORHOODPublic or private open space maintained in a natural state or improved with amenities for passive or active recreation, including but not limited to ball fields and ball courts without lighting for night play. This use does not include facilities categorized as "outdoor recreation" or "outdoor amusement."
PARKING GARAGE/STRUCTUREPublic or private structures, or portions thereof, composed of one or more levels or floors used exclusively for the parking of motor vehicles, whether public or private, but not including a private garage as defined herein. A parking structure may be totally below grade (as in an underground parking garage), or either partially or totally above grade, with those levels being either open or enclosed.
PARKING LOT, PRIVATEA parking lot used for parking of motor vehicles that is not within a parking garage/structure and is not within or under a building. This use is distinct from "motor vehicle display, outdoor," "motor vehicle storage" and "parking lot, public."
PARKING LOT, PUBLICA parking lot used for parking of motor vehicles that is not within a parking garage/structure, is not within or under a building and is available for public use for at least a portion of the day. The lot may provide off-street parking for multiple uses and lots in the vicinity. The lot may be accessory to a building and may be publicly or privately owned. This use is distinct from "motor vehicle display, outdoor," "motor vehicle storage" and "parking lot, private."
PARKING SPACE, OFF-STREETA space other than a street or alley designed for use or used for the temporary parking of a motor vehicle.
PATIOAn open, hard-surfaced area designed and intended for outdoor sitting, dining, socializing or recreational use by people and not as a parking space.
PAWN SHOPAn establishment where loans are offered on the security of personal property and where unclaimed property is sold.
PEDESTRIAN WALLAn upright structure of building material, such as brick or masonry, serving to enclose, divide or protect an area as part of an aesthetic or landscape design.
PERSONAn individual, proprietorship, partnership, corporation, association or other legal entity.
PERSON WITH A DISABILITYAny person whose physical or mental impairment meets the definition of "disability" as stated within Chapter
181, Human Rights, of the Code of Ordinances.
PERSONAL SERVICESAn establishment where personal services are provided directly to the customer. This use includes, but is not limited to, barber shops, beauty parlors, day spas, laundry and dry-cleaning establishments, tanning salons, tailors, domestic pet grooming, shoe repair shops and the like. This use may include incidental retail sales of goods. Tattoo parlors, currency exchanges, motor vehicle rental and sexually oriented businesses are not permitted as personal services establishments.
PLACE OF WORSHIPA church, temple, synagogue, mosque or other religious place of assembly, which may or may not include schools and/or meeting facilities and accessory uses such as a parish house, recreational facilities and other nonprofit operations that serve members of the religious organization.
PLANNED UNIT DEVELOPMENTA special use that is reviewed and approved according to the standards and procedures of Article
VI, Planned Unit Developments, and other relevant provisions of this chapter.
PORCH, ENCLOSEDA structure immediately adjoining and projecting from an exterior wall of a building, which has direct access into the building, is covered by a roof or eaves and is enclosed by a combination of walls and permanent or temporary windows or screens. Screened-in rooms shall be considered enclosed porches.
PORCH, UNENCLOSEDA structure immediately adjoining and projecting from an exterior wall of a building, which has direct access into the building, is covered by a roof or eaves and is completely open on all sides not adjoining an exterior wall of a building, except for railings and columns.
POST OFFICEA facility with service windows for mailing packages and letters, post office boxes, postal service offices, postal vehicle storage areas and sorting and distribution facilities for mail.
PRESCHOOLA child-care facility 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 in and understanding of the world about them, as authorized under Iowa Code Chapter 237A
PRINCIPAL BUILDINGA nonaccessory building in which is conducted the principal use of the lot on which it is located.
PRIVATEIn reference to a building, structure, utility, facility or use, owned by someone other than a unit of government, or an agency of government, unless the context clearly indicates that "private" is being used in a broader sense of something not open or available to the general populace.
PRIVATE GARAGEAn accessory building, or an accessory portion of the principal building, which is intended and used for storing the private passenger vehicles of the family or families residing upon the premises.
PROFESSIONAL TRAINING CENTERA training center with classrooms, administrative offices, food preparation and service, residential accommodations for trainees and recreational facilities.
PUBLICIn reference to a building, structure, utility, facility or use, owned and/or operated by a unit of government or an agency thereof, unless the context clearly indicates that "public" is being used in the broader sense of something available to the general populace.
PUBLIC BUILDINGAny building owned, leased or held by any unit of government such as the United States, the State of Iowa, the City, park district, school district, library district, township, county or any subdivisions thereof, provided that said building is used for governmental purposes.
PUBLIC PLAZAPedestrian-oriented open space owned and maintained by a public agency for the use and enjoyment of the general public, commonly hardscaped.
PUBLIC PROPERTYAny property owned, leased or held by any unit of government such as the United States, the State of Iowa, the City, park district, school district, library district, township, county or any subdivisions thereof. This shall include all streets, parkways, sidewalks, alleys, buildings, parking lots, landscaped areas, parks and schools, as well as any municipal signs, traffic-control devices, trees, utility poles, shelters or streetlights located thereon.
PUBLIC SERVICE FACILITYA facility owned and operated by a governmental entity used to provide a public safety or public service, including but not limited to police and fire stations, public works facilities for road or utility maintenance, vehicle maintenance garages, workshops, storage, offices, communications and dispatch, school bus maintenance and storage, and park maintenance facilities.
PUBLIC WAYAny sidewalk, street, alley, highway or other public thoroughfare, located within a dedicated right-of-way or within an easement where the public has a right of access.
RAILROAD RIGHT-OF-WAYA private right-of-way with tracks and auxiliary facilities for track operation, not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.
RECREATIONAL VEHICLEAny camping trailer, motor home, mini-motor home, travel trailer, truck camper or van camper and any towed recreational equipment, including the trailers for same such as boats, snowmobiles and motorcycles used privately for recreational purposes and not used commercially. Recreational vehicles, more specifically, include, but are not limited to:
A. CAMPER TRAILER (POP-UP)A recreational trailer not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and are of a size or weight not requiring an over-dimension permit when towed on a highway.
B. HOUSE TRAILER (MOBILE HOME)A recreational trailer equipped and used for living quarters for human habitation, temporarily or permanently, rather than for the transportation of freight, goods, wares and merchandise.
C. MOTOR HOME (MINI-MOTOR HOME or VAN CAMPER)Any self-contained motor vehicle, not used commercially, designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat.
D. TRAVEL TRAILERA recreational trailer not used commercially, designed to provide living quarters for recreational camping or travel use, and of a size or weight not requiring an over-dimension permit when towed on a highway.
E. TRUCK CAMPERA recreational truck, not used commercially, when equipped with a portable unit designed to be loaded on to the bed which is constructed to provide temporary living quarters for recreational, travel or camping use.
RECYCLING FACILITYA facility where newspapers, magazines, books and other paper products, glass, metal cans and other products are received, sorted, reprocessed and/or treated as part of a process to return such products to a condition in which they may be used again as a raw material in finished products. This use does not include a junkyard as defined herein.
REFUSEAny waste products, including recyclable materials, resulting from human habitation or the conduct of business or industry, except sewage.
RESEARCH AND DEVELOPMENT USEFacilities for laboratory research in scientific, medical or technology intensive fields such as biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer and radiation research, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or research facility.
RESIDENTIAL BUILDING OR USEA principal building or principal use thereof which is arranged, designed, used or intended to be used for residential occupancy and permitted accessory uses, including but not limited to one-unit dwellings, auxiliary dwellings, two-unit dwellings, townhouse dwellings, multi-unit dwellings, group homes, independent-living facilities and assisted-living facilities. Nursing homes, homeless shelters, hospice facilities, hotel/motels and bed-and-breakfast establishments are not considered to be residential buildings or uses for purposes of this chapter.
RESIDENTIAL DEVELOPMENT SIGNAn identification sign used to indicate the entrance to a subdivision, neighborhood or unified residential area.
RESIDENTIAL SALEThe sale from a lot or parcel on which a residence is located. "Residential sale" shall include the commonly referred to terms "garage sale," "porch sale," "rummage sale," "basement sale," "attic sale," "yard sale" and "neighborhood sale."
RESTAURANTAn establishment in which the primary activity is prepared food service, provided for consumption on the premises or for carry-out. Live entertainment is permitted as an accessory use within completely enclosed areas; and outdoor dining, including service to patrons seated outdoors, is permitted as an accessory use on the premises. This use is distinct from a tavern/bar, where the primary purpose is the sale of alcoholic beverages, or snack bars or refreshment stands that are accessory to recreational or amusement facilities. For restaurants with drive-thru windows, see "drive-thru facility"; for restaurants with outdoor live entertainment, see "outdoor entertainment." A small-scale brewery serving food can be included in the definition of a restaurant.
RESTAURANT, CARRY-OUT-ONLYA restaurant establishment in which the primary activity is prepared food service provided for carry-out or delivery only, and no food is consumed on the premises.
RESTAURANT, DRIVE-INA restaurant in which food is served directly to customers in motor vehicles for consumption of the premises.
RESTAURANT, DRIVE-THRUA facility or part thereof that provides goods or services to patrons while they remain in a motor vehicle for consumption off the premises.
RETAIL SALES, LARGEAn establishment over 30,000 square feet where the primary purpose is the sale of physical goods, products or merchandise directly to the consumer. This use includes, but is not limited to, stores that sell groceries, hardware, clothing, auto parts, electronics, appliances, jewelry, antiques and shoes. This use also includes electronics superstores, furniture stores and grocery stores. This use does not include deep discount stores, heavy retail and service, home improvement centers, liquor, smoke, and vape stores, pawn shops or sexually oriented businesses as defined by Chapter
263 of the Code of Ordinances.
RETAIL SALES, MEDIUMAn establishment between 10,000 square feet and 30,000 square feet where the primary purpose is the sale of physical goods, products or merchandise directly to the consumer. This use includes, but is not limited to, stores that sell groceries, hardware, clothing, auto parts, electronics, appliances, jewelry, antiques and shoes. This use does not include deep discount stores, heavy retail and service, home improvement centers, liquor, smoke, and vape stores, pawn shops or sexually oriented businesses as defined by Chapter
263 of the Code of Ordinances.
RETAIL SALES, SMALLAn establishment less than 10,000 square feet where the primary purpose is the sale of physical goods, products or merchandise directly to the consumer. This use includes, but is not limited to, stores that sell groceries, hardware, clothing, auto parts, electronics, appliances, jewelry, antiques and shoes. This use also includes neighborhood grocery stores and specialty retail stores. This use does not include deep discount stores, heavy retail and service, home improvement centers, liquor, smoke, and vape stores, pawn shops or sexually oriented businesses as defined by Chapter
263 of the Code of Ordinances.
RETAIL SALES, SPECIALTYRetail operations that specialize in one type or line of merchandise and produce or manufacture the goods on site for off-site consumption or use. Limited merchandise related to the primary operation may be sold as incidental to the primary use. Specialty retail sales establishments include but are not limited to chocolate, ice cream, popcorn, widgets or art. "Retail sales, specialty" does not include: deep discount stores; liquor, smoke, and vape stores; retail sales, small; retail sales, medium; retail sales, large; heavy retail and service; restaurant; or tavern/bar, as defined herein.
SATELLITE DISH ANTENNA, LARGEA parabolic communications antenna, usually distinguished by a spherical or cone shape, including the dish structure and structural supports, used for the sending and/or receiving of transmissions from satellites, with a dish diameter larger than a "satellite dish antenna, small" as defined herein.
SATELLITE DISH ANTENNA, SMALLA parabolic communications antenna, usually distinguished by a spherical or cone shape, including the dish structure and structural supports, used for the sending and/or receiving of transmissions from satellites, with a dish diameter of one meter (40 inches) or less located in a residential zoning district or two meters (80 inches) or less located in all other zoning districts.
SCHOOL, PRIMARY OR SECONDARYPublic, private or parochial institutions primarily engaged in academic instruction for all, or part of, grades Kindergarten through Grade 12, and recognized or approved by the State of Iowa. This use may include accessory day-care centers for children over the age of three.
SCHOOL, PRIVATE BOARDINGAn elementary, junior high or high school that provides lodging for students on the same property.
SCHOOL, SPECIALIZED INSTRUCTIONALA private for-profit or nonprofit establishment where the primary business is providing specialized instruction not necessarily limited by age, such as, but not limited to, driving, trade, specialized academic, vocational, art, music and dance schools.
SEARCHLIGHTAn apparatus containing a source of light and a reflector that projects the light produced in a concentrated, far-reaching beam. A searchlight is typically mounted on a swivel so that the beam can be directed.
SETBACKThe required minimum distance from a lot line to a building or structure, or other improvement on a lot; usually synonymous with "yard."
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motion-picture theater, adult theater, adult motel, escort agency, nude model studio or sexual encounter center, or experiences appropriate only for adults by reason of an emphasis on specified sexual activities or specified anatomical areas as defined in Chapter
263 of the Code of Ordinances.
SHADE TREEA deciduous tree planted primarily for its high crown of foliage or overhead canopy. A large shade tree is over 40 feet in height. Medium shade trees are between 25 feet and 40 feet in height. Small shade trees reach up to 25 feet in height.
SHIPPING CONTAINERA shipping container that is portable and enclosed, used for the storage or shipping of inventory, materials or supplies.
SHOPPING CENTERTwo or more retail stores and/or service establishments located on a parcel of four acres or more sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownership.
SIGNA name, identification, description, display, illustration or attention-getting device which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or lot, and which directs attention to a person, business, product, service, place, organization or entertainment. "Sign" shall not include the flag of any nation, state or governmental entity. Specific classifications and structural types of signs are found in §
340-8.3 of this chapter.
STORYThat portion of a building included between the surface of a floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling or roof above it. A cellar shall not be counted as a story, but shall be included in any calculation of gross floor area if it otherwise meets the applicable criteria.
STORY, HALFA partial story located above a full story and underneath one or more sloping roofs, meeting the following criteria:
A. Total wall height above the first-floor level shall not exceed an average of 13 feet, measured along walls that intersect the roof plane. A garage floor level shall be calculated at the height of the first floor immediately adjacent to the garage. For a half story located above a second floor, the wall height shall be measured from the second-floor level.
B. The total horizontal width of all projections out of the half-story roof plane shall not exceed 60% of the total horizontal length of the half-story roof. Roof length shall be measured horizontally along all walls that intersect the roof. Projections include window dormers, shed dormers, wall projections up through the roof eave line and other projections that do not extend out beyond the roof eave line.
STREETA permanent public or private right-of-way that affords a primary means of access to abutting property.
STREET LEVELThe story of a building that has its floor at the level closest to the elevation of the public sidewalk or street, with direct pedestrian access to that story from the outside. A story shall not be considered street level if it is more than three feet above or three feet below sidewalk grade at the primary customer entrance to the building.
STREET LINEThe dividing line between a street and a lot.
STREET WALLThe wall of a building nearest to and facing on a street.
STRUCTURAL ALTERATIONAny change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
STRUCTUREAnything constructed, erected or placed with a fixed location on the ground, or attached to or resting on something having a fixed location on the ground. Among other things, "structure" includes buildings, walls, fences, signs and billboards.
TATTOO PARLOR or BODY PIERCING STUDIOAn establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of:
A. Placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances, which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.
B. Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TAVERN/BARAn establishment primarily engaged in serving alcoholic liquor for consumption on the premises. This use may also include accessory sale of prepared food or the accessory use of an outdoor dining area. Live entertainment is permitted as an accessory use in completely enclosed areas.
TEMPORARY CONTRACTOR'S OR REAL ESTATE SALES OFFICEIncludes watchman's trailers, construction equipment sheds, contractor or real estate sales trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development.
TEMPORARY STRUCTUREA structure that is not designed or intended to be permanently located, placed or affixed in a location, such as a trailer, tent or portable sign.
TERRACEAn open area with a paved platform and a flat roof or roof-like structure and adjacent on at least one side to a building, but not adjacent to any entrance to a building.
THEATERAn indoor establishment where live performances, motion pictures or other recorded media are offered for public viewing, where admission is charged. This use does not include any sexually oriented business, as defined herein.
TRANSPORTATION OPERATIONS FACILITYA facility, which may include outdoor facilities and buildings, where buses, trains, taxicabs or other delivery vehicles are stored and/or dispatched, where loading and unloading of passengers and freight may be carried on regularly. This use is distinct from a public service facility, as defined herein.
USEThe specific purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
UTILITY, COMMUNITY/REGIONALInfrastructure services that serve a larger area than those defined herein as "utility, local" and which may have employees normally present at the site. This includes electrical substations, telephone equipment buildings, cable television head-end facilities, above-ground natural gas transmission facilities, municipal wastewater treatment facilities, water supply treatment facilities and similar large-scale utility equipment and buildings.
UTILITY, LOCALInfrastructure services that need to be located in the area where the service is provided, and which generally do not have employees at the site. This includes overhead electric and communications lines and poles; electric utility towers; electric transformers and switchgear; traffic signals and controllers; streetlighting; wastewater lift stations; fire hydrants and standpipes; water supply wells, reservoirs and towers; stormwater drainage; and underground gas, electrical, telephone, communications, water distribution, wastewater collection and drainage facilities. This use does not include the facilities included under "utility, community/regional" as defined herein.
VARIANCEA modification of the strict terms of the relevant regulations of this chapter where such modification will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
VETERINARY OFFICE or ANIMAL HOSPITALAny building, or portion thereof, designed or used for veterinary examination, observation and treatment of domestic animals, and may include euthanasia of domestic animals. This use does not include kennels or any keeping of animals out-of-doors, except that one animal at a time may be taken out-of-doors by one or more employees of the veterinary office/animal hospital; see also "kennels" and "horse stables, private."
WAREHOUSE/DISTRIBUTIONIncludes structures or areas, or a portion thereof, used principally for the storage or distribution of goods and merchandise to retailers, nonresidential users or to other wholesalers. This use shall not include "manufacturing, light/assembly," as defined herein.
YARDA required open space on a lot which is unoccupied and unobstructed from its lowest level upward, except for obstructions specifically permitted in this chapter. A yard extends along a lot line for a depth or width specified for the district in which the lot is located, measured perpendicular to the lot line.
YARD, CORNER SIDEA required yard that extends along a corner or exterior side lot line abutting a public right-of-way, excluding the area within the required front yard.
YARD, FRONTA required yard that extends along a front lot line for the full width of the lot.
YARD, INTERIOR SIDEA required yard that extends along an interior side lot line, excluding the area within the required front and rear yards.
YARD, REARA required yard that extends along a rear lot line for the full width of the lot between side lot lines, excluding the area within a required exterior side yard.
ZONING OFFICIALThe individual hired by the City Manager to administer and enforce the zoning ordinance.