A.   The most recent print or online edition of the "Merriam Webster Dictionary" is the recognized reference for words and terms not defined herein.

   B.   The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

      1.   The singular number includes the plural and the plural includes the singular.

      2.   The present tense includes the past and future tenses, and the future the present.

      3.   The word "shall" is mandatory, and the word "may" is permissive.

      4.   The masculine gender includes the feminine and neuter.

      5.   The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

      6.   Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in such definition.

      7.   All measured distances expressed in feet shall be to the nearest one-hundredth of a foot (0.01').

      8.   Whenever a calculation is made based upon the provisions herein, if a fraction of a number results, the more restrictive rounding to a whole number shall apply.

      9.   The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied".

      10.   The word "use" can be interchanged with the word "function" throughout this title. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

ABANDONMENT: The cessation of a function for a period of six (6) months or more. There is a rebuttable presumption that an owner has intended to abandon a nonconforming use of land or structures where there has been no active use for six (6) months or more.

ACCESSORY BUILDING: A subordinate building located on the same lot with an existing principal building which is incidental and subordinate to the principal building. (See also definition of principal building.)

ACCESSORY DWELLING: A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same building as the primary dwelling unit, or located within a detached accessory building on the same lot. A mobile home or a recreational vehicle may not be used as an accessory dwelling.

ACCESSORY FUNCTION: A function that is customarily incidental and subordinate to the principal function on the same lot or parcel.

ACCESSORY SURFACE PARKING: A surface parking lot on a parcel that is adjacent to or nearby, but separate from, the parcel containing the form or function served by the parking lot.

ACTIVE SOLAR EQUIPMENT: Ground or building mounted solar cell panels and their associated hardware and equipment required to generate and store electricity or heat water, primarily for use on site.

ADMINISTRATIVE OFFICER: The person or official designated by the Director of Development Services as the officer responsible for the administration or enforcement of this title.

ADULT USE: An establishment consisting of, including, or having the characteristics of any or all of the following: adult bookstore, sex shop, video viewing booths, adult motion picture theater, adult cabaret. Refer to title 13 of this Code for additional information.

AGRIBUSINESS: An establishment primarily engaged in supplying agricultural services, crop services, farm labor and management services.

AGRITOURISM: Agricultural operations that include activities that may not be directly related to the principal agricultural use. Such activities need not be subordinate to the agricultural operations in terms of revenue, but shall be subordinate in terms of overall land use. Activities must fall within one or more of the following categories: on-site processing, storage, sampling and tasting of crops or farm products not principally produced on the farm; retail sales of crops or farm products not principally produced on the farm; retail sales of non-farm products related to the farm or what is produced on the farm; education, cultural recreation programming; event hosting as long as such events are clearly subordinate to the farming operation.

ALLEY: A service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.

ARTISAN/CRAFTSMAN SHOP: A small scale building or operation involving the on site production of goods primarily by hand or custom manufacturing using hand tools or mechanical equipment commonly associated with residential or commercial uses.

AUDITORIUM: A building that consists of a theater, lecture hall or concert hall where an audience sits.

BED AND BREAKFAST: Overnight accommodations, typically located within a residential form, offering no more than six (6) sleeping rooms, that usually (but not always) offers a morning meal, is operated by the property owner or on-site resident manager, and where all of the sleeping rooms are dedicated to overnight guests except for those occupied by the owner/resident manager and his/her family. This definition includes short-term lodging in a bed and breakfast, arranged between owners and guests via a third party using a means of remote communication and transaction (e.g., via the internet or smart phone application).

BERM: A mound of earth or the act of pushing earth into a mound.

BLOCK: A unit of land bounded by a street or by a combination of streets and public land, railroad rights-of-way, waterways or any other lines of demarcation.

BOARD: The Zoning Board of Adjustment, an officially constituted body established in title 2, chapter 3 of this Code, whose principal duties are to hear appeals and, where appropriate, grant variances from the strict application of a zoning ordinance and authorize conditional and special uses.

BOX, LARGE: A freestanding building with a commercial function with a floor area of thirty five thousand (35,000) square feet or greater.

BOX, MEDIUM: A freestanding building with a commercial function with a floor area between five thousand one (5,001) and thirty four thousand nine hundred ninety nine (34,999) square feet.

BOX, SMALL: A freestanding building with a commercial function with a floor area not exceeding five thousand (5,000) square feet.

BROWNFIELD: An area documented as contaminated (by means of an ASTM E1903-97 Phase II Environmental Assessment or a Local Voluntary Cleanup Program) or defined as a brownfield by the City of Mason City, the State of Iowa or a Federal government agency.

BUILDING: A structure enclosed with walls or supports and having a roof, built, erected and framed of one or a combinations of materials for the support, enclosure, shelter or protection of persons, animals, chattels or movable property of any kind.

BUILDING DISPOSITION: The location of the building relative to the boundaries of each individual lot, establishing suitable basic building types for each zoning district.

BUILDING HEIGHT: Shall be measured, based upon the requirements of each zoning district, in the number of stories, excluding attics and basements, or in feet, measured from the average surrounding grade at the foundation to the deck line of a flat roof or to the highest point of any other type of roof.

CALIPER: The measurement of the diameter of a tree trunk at average adult chest height.

CEMETERY: Land used or intended to be used for the burial of human or animal remains and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.

CITY COUNCIL: The City Council of Mason City, Iowa.

CIVIC: Buildings and facilities for government and other not for profit organizations dedicated to arts, culture, education, recreation, health care, or for a function approved by a government agency.

CIVIC SUPPORT: Buildings and facilities in support of the health, safety and general welfare of the community.

CLINIC: A building or portion thereof, the principal use of which is for medical or dental study and/or treatment, and in which the services of professionals in the medical, veterinary or dental fields of practice are provided.

COLLEGE: An educational institution accredited by the State of Iowa or by the agency with jurisdiction to grant college accreditation, to award associate, bachelor or higher degrees.

COMMISSION: The Planning and Zoning Commission.

COMMITTEE: The Mason City Development Review Committee.

COMMUNICATIONS TOWERS AND ANTENNAS DEFINITIONS:

Antenna: A structure or device, which is part of a wireless telecommunications facility, used for collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas such as panels and dishes, and omnidirectional antennas such as whip antennas, and similar devices.

Collocation: The mounting or installation of wireless transmission equipment on a tower or other eligible support structure that is designed to accommodate equipment from more than one (1) wireless telecommunications provider.

Existing Support Structure: A structure, other than a tower as defined in this chapter, that supports one (1) or more antennas for wireless telecommunications. Examples include (but are not limited to) water towers, existing buildings, church steeples, smokestacks or cooling towers, and utility structures and poles.

Tower: As applied to wireless telecommunications facilities, any ground or roof mounted pole, spire, structure, or combination thereof built for the sole or primary purpose of mounting an antenna, transmitter, or similar apparatus above grade for wireless telecommunications.

Wireless Telecommunication Services: Wireless telecommunication services, including those licensed or authorized by the Federal Communications Commission, such as transmission and reception of analog, digital, microwave and broadband signals and similar services.

COMMUNITY GARDEN: An area of land designated for small plot gardening or local food production.

COMPREHENSIVE PLAN: A document or series of documents adopted by the City Council of Mason City, Iowa, setting forth policies for the future of the City.

CONCEPT PLAN: A layout of a proposed subdivision, a site or development plan, or other development scheme of sufficient accuracy and detail to be used for the purpose of discussion and classification.

CONTRACTOR SHOPS: A small scale building for the purpose of conducting building and grounds construction, maintenance and repair related services, typically containing areas for office, material, equipment and vehicle storage.

CONVENTION CENTER: An exhibition hall or conference center that is designed to hold large public gatherings, public or private meetings or to display exhibits.

CORNER OFFICE: A mixed use freestanding building with over fifty percent (50%) of the ground floor, not exceeding one thousand two hundred (1,200) square feet, serving an office function for the primary purpose of serving neighborhood residents within a one- fourth (1/4) mile radius, with the remainder of the building occupied by a function permitted in the district, typically sited on a corner lot.

CORNER STORE: A mixed use freestanding building with over fifty percent (50%) of the ground floor, not exceeding one thousand two hundred (1,200) square feet, serving a retail function for the primary purpose of serving neighborhood residents within a one- fourth (1/4) mile radius, with the remainder of the building occupied by a function permitted in the district, typically sited on a corner lot.

CREMATORIUM: A mortuary where corpses are cremated.

CROSS DOCKING FACILITY: A building within which raw, partial components or finished products from a supplier or manufacturer are distributed directly to a next-level manufacturer, wholesaler, retailer, or end consumer, with marginal to no handling or storage time. A cross docking facility consists of inbound and outbound truck docks, with minimal storage.

DAYCARE: An establishment, licensed by the State of Iowa, which is intended to provide for the care, supervision and protection of children.

DEVELOPMENT: Altering the landscape in any number of ways such as:

   A.   Changing landforms from a natural or seminatural state for a purpose such as agriculture or housing;

   B.   Subdividing real estate into blocks and lots, typically for the purpose of constructing buildings; or

   C.   Significantly altering a building and/or its surrounding property or changing its purpose, for example, by converting an unused factory complex into residential condominiums.

DORMITORY: A building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery or similar institutional use.

DRIVE-THROUGH ESTABLISHMENT: An establishment that offers merchandise, service or entertainment to persons in motor vehicles.

DUPLEX/TWO-FLAT: A building containing two (2) one-family dwelling units separated from each other by an unpierced wall extending from the basement to roof (duplex) or between floors (two-flat).

DWELLING UNIT: One or more rooms in a residential building or residential portion of a building that are arranged, designed, used or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

FACADE: Any face of a building, especially the principal face, which fronts upon a street, or drive, or parking lot. The principal face, or principal facade, shall be that face incorporating the primary entrance. If a primary entrance faces a parking lot, that face shall be considered a facade. A building face fronting on an alley shall not be considered a facade.

FAIRGROUNDS: Public or privately owned land used for public fairs, events, concerts and public gatherings.

FAMILY: Either of the following:

   A.   A domestic family unit, which is one or more persons related by blood, marriage or adoption occupying a dwelling unit and living as a single housekeeping unit in a dwelling.

   B.   The functional equivalent of the domestic family unit, consisting of persons living together in a dwelling unit whose relationship is of a permanent and distinct domestic character, and is the functional equivalent of a domestic family with a demonstrable and recognizable bond that constitutes the functional equivalent of the bonds that render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking together and otherwise operating as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, or group, coterie, or organization that is not a religious order, nor shall it include a group of individuals whose association is temporary or resort-seasonal in character.

FAMILY HOME: A community based residential home that is licensed as a residential care facility under chapter 135C of the Iowa Code, or a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight (8) persons with a developmental disability or brain injury, including any necessary support personnel. A family home does not include an individual foster care family home licensed under Iowa Code chapter 237.

FARM: An area comprising ten (10) or more acres, which is used for the growing of the usual farm products such as vegetables, fruits and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine.

FARM DWELLING: A dwelling for a family that owns or rents an adjacent or nearby farm, which may or may not be on the same parcel as the farm it serves.

FARM, SMALL: A farm as defined in this section, except that it consists of less than ten (10) acres.

FENCE: A freestanding structure comprised of posts, rails, and panels, that is designed to restrict movement across a boundary, provide a screen or visual barrier, or provide outdoor privacy, and is comprised of durable building materials such as wood, rigid polymers, and steel.

FIRE DEPARTMENT: A public or private organization that provides fire protection for a certain jurisdiction, which typically is a municipality, county or fire protection district. A Fire Department usually contains one or more fire stations within its boundaries and may be staffed by career firefighters, volunteers or combination thereof.

FORM: The design, configuration or layout of a structure that in appearance is indicative of or reflects a particular function. A structure does not necessarily have to contain the function indicated by its form (provided that the function contained within the structure is permitted in the zoning district); for example, a structure may be designed in a form that indicates a single-family residential function, but may instead contain an office or other nonresidential function.

FREESTANDING HOUSE: A one-family dwelling unit, unattached to any other dwelling unit, which is considered the principal building.

FRONTAGE: Any side of a lot or building that fronts upon a vehicular way, such as a public street, approved private street, access drive or parking lot.

   A.   Frontage, Principal: That side of a lot or parcel that is adjacent to the street upon which the property is addressed, or from which the principal function on the lot has its primary access, or the principal frontage established upon a recorded deed or plat of subdivision.

   B.   Frontage, Secondary: On a corner lot or double frontage lot, that frontage that is not the principal frontage. If a double frontage lot has a third frontage, that frontage shall be considered a secondary frontage.

FUNCTION: The predominant purpose, use, occupation, or operation for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

FUNERAL HOME: A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

GAS/CONVENIENCE: A gasoline station and/or convenience store planned, operated and maintained for the purpose of selling gas and convenience items where the principal building does not exceed five thousand (5,000) square feet.

GOLF COURSE: A tract of land laid out for at least nine (9) holes for playing the game of golf that may include a clubhouse, pro shop and practice facilities.

GRAIN STORAGE: A facility, such as a bin or silo, for the temporary storage of grain.

GREENHOUSE: A building whose roof and sides are made largely of glass or other transparent or translucent material in which the temperature and humidity can be regulated for the cultivation of plants.

GREENWAY: An open space corridor in largely natural conditions that might also provide for use by bicycles and pedestrians.

GREYFIELD: Vacant, underutilized, or disused area previously functioning as a parking lot, shopping center or large format retailer.

GROUP DWELLING: A group home for the sheltered care of persons with special needs that, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation. This definition does not include a family home.

HOME OCCUPATION: Any occupation carried out by a member of the immediate family residing on the premises that is accessory to the principal residential function of the dwelling and that does not change the residential form of the principal building.

HOSPITAL: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.

HOTEL: A facility of sixteen (16) sleeping rooms or more providing accommodations to the general public, which may include additional facilities and services, such as restaurants, meeting rooms, swimming pools, entertainment and personal services.

INDOOR RECREATION: Recreational activities (such as bowling, roller skating, paintball, etc.) that are housed indoors.

INDUSTRY, OPEN: Development consisting of large, relatively self- contained and isolated facilities whose potential nuisance or hazard generation from the processing, manufacturing, assembly, storage and distribution of materials and products is moderately high or higher, as determined by the Administrative Officer.

INDUSTRY, RESTRICTED: Development consisting of facilities whose manufacturing, assembly, storage and distribution activities do not create appreciable nuisances or hazards, or that require a pleasant, hazard and nuisance free environment. It is intended that the permitted forms and functions be compatible and not detrimental to adjacent properties.

INFILL: New development on land that had been previously developed, including existing lots within existing neighborhoods, brownfields and greyfields.

INN: A dwelling or building other than a bed and breakfast with no more than fifteen (15) sleeping rooms providing accommodations to the general public, which may include a restaurant. This definition shall include accommodations held out to the general public arranged between owners and guests via a third party using a means of remote communication and transaction (e.g., via the internet or smart phone application).

INTERIOR CLIMATE CONTROLLED SELF STORAGE: A non-habitable self-storage function that contains individual compartmentalized stalls or lockers primarily accessed from the interior of the building, that are used for the storage of customer’s goods or wares, primarily excess personal property.

JUNKYARD: A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including, but not limited to, auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards, and yards for use of salvaged house wrecking and structural steel materials and equipment.

KENNEL: Any building or portion thereof where more than two (2) dogs, cats, or other household domestic animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

LAW ENFORCEMENT: A public or private organization that provides law enforcement or police protection for a certain jurisdiction, which typically is a municipality or county. The department may contain one (1) or more departments and may be staffed by career law enforcement officers, volunteers and professional staff or a combination thereof.

LIBRARY: A place in which literary and other media materials, such as books, periodicals, newspapers, pamphlets and multimedia, are kept for reference or lending.

LICENSED PROFESSIONAL: For the purposes of this title, a design professional licensed to practice architecture, landscape architecture, engineering or land surveying by the Iowa State Board of Registration Professional Licensing Agency.

LIVE/WORK BUILDING: A building comprised of mixed use units consisting of residential, commercial, office or artisanal functions. Nonresidential functions may be located anywhere in the unit. It is intended that the building be occupied by a business operator who lives in the same building that contains the nonresidential function.

LIVESTOCK: Any animal customarily kept by humans for the purpose of providing food, fiber or work, including, but not limited to, cattle and other bovines, horses, mules, donkeys and other equines, goats and other caprines, sheep and other ovines and swine, hogs and other porcines (except oriental potbellied pigs as permitted in title 8, chapter 4 of this Code), but excluding bees. Keeping of bees, chickens and other poultry, and rabbits on residential properties within the City is regulated in title 8, chapter 4 of this Code.

LOT: A parcel of land at least sufficient in size to meet minimum zoning requirements for function, coverage and area, and to provide such yards and other open space requirements as are herein required. A lot shall have frontage on a public street, or an approved private street, and may consist of:

   A.   A single lot of record.

   B.   A combination of complete lots of record, outlots of record or portions of lots of record.

   C.   A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.

LOT, CORNER: A lot with frontage upon two (2) intersecting streets.

LOT COVERAGE: The percentage of the lot covered by all the building area.

LOT, DOUBLE FRONTAGE: A lot having frontage on two (2) parallel or approximately parallel streets or places.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE: A line of record bounding a lot that divides one lot from another lot or from a public right-of-way or approved private street easement, railroad right-of-way or any other public space.

LOT LINE, FRONT: The lot line along the princi pal frontage of a lot or parcel separating it from a street right-of-way, approved private street easement, or an outlot designated or intended for future street purposes. On a corner lot, the front lot line shall be along the principal frontage of the lot. On a double frontage lot, the lot lines adjacent to both parallel or approximately parallel streets shall be considered to be front lot lines for the purpose of determining setbacks.

LOT LINE, REAR: A lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lots, a line ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line. On a double frontage lot, the rear lot line shall be along the street other than and opposite from the street upon which the principal frontage abuts; however, for the purposes of determining setbacks, the rear lot line shall be treated as if it were a front lot line.

LOT LINE, SECONDARY FRONT: On a corner lot, the lot line abutting a street right-of-way, approved private street easement, or an outlot designated or intended for future street purposes, that is not on the principal frontage. If a double frontage lot has a third frontage, the lot line along the third frontage shall be considered a secondary front lot line.

LOT LINE, SIDE: A lot line other than a front, secondary front or rear lot line.

LOT OF RECORD: A lot which is a part of a subdivision, and where the map of which has been recorded in the Office of the County Recorder of Cerro Gordo County, or a lot or parcel of land not so platted or subdivided, for which a deed or registered land survey has been recorded in the office of the county recorder of Cerro Gordo County..

LOT TIERS: The transverse division of a lot into increments for the purpose of locating off street parking, trash containers, vehicle storage, and loading facilities. Lots shall be divided into three (3) tiers that are based upon parking placement and loading functions found within a lot.

   A.   The first tier shall be the entire width of the lot and measured from the front lot line or secondary front lot line to the facade of the principal building that is most parallel to the front lot line or secondary front lot line.

   B.   The second tier shall be measured from the line of the principal building's facade to a distance of twenty feet (20').

   C.   The third tier shall be the remaining distance from the second tier to the rear lot line.

LOT WIDTH: The length of the principal frontage line of a lot.

LOT, ZONING: A single tract of land located within a single block that is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.

MANSION APARTMENT: A multi-story residential building comprised of up to a maximum of eight (8) separate apartment units and designed or converted in the style of a large freestanding house or mansion.

MINI-WAREHOUSE SELF STORAGE: A non-habitable self-storage function that contains individual compartmentalized stalls or lockers with all or most of the entrances directly accessed from the outside of the building, that are used for the storage of customer’s goods or wares, primarily excess personal property.

MIXED USE BLOCK BUILDING: A multi-story building that is placed at or close to the front lot line supporting multiple functions, one of which may include structured parking.

MOBILE HOME: A detached transportable building designed to be used as a one-family residential dwelling with all of the following characteristics:

   A.   Certified in a factory and fabricated to the standards outlined in the Iowa Code;

   B.   Designed to be transported after fabrication on its own wheels; and

   C.   Arriving at the site where it is to be occupied as a dwelling complete, including the major appliances, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports and connection to the utilities, and removal of the towing apparatus and enclosing of the chassis by an opaque skirt or screen.

MOVIE THEATER: A building where indoor movies are shown with incidental food and beverage service.

MULTIPLE-FLAT: A building containing three (3) or more dwelling units.

MULTIPLE PRINCIPAL BUILDING DEVELOPMENT: A development or project in which more than one (1) principal building is situated on a zoning lot. The multiple principal building development shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit, although development may be phased.

MUSEUM: A building for collecting and displaying objects having scientific, historical or artistic value.

NONCONFORMING USE: A building, structure or land lawfully occupied by a use or function that does not conform to the form and function regulations of the zoning district in which it is situated.

OFFICE BUILDING: A building used primarily for conducting the affairs of a business, profession, service, industry, or government or like activity; it may include subsidiary services for office workers, such as a restaurant, coffee shop, newspaper stand and childcare facilities.

OFFICE SHOWROOM: A multi-use building with a minimum of thirty percent (30%) of the building occupied by office and wholesale display and retail sales functions, with artisanal, technology, research and development, light assembly, warehousing and distribution functions occupying the remaining space.

OPEN AIR MARKET: A public marketplace conducted outdoors where food and merchandise are sold.

OUTDOOR CUSTOMER DINING AREA: A seating area with tables and chairs located outdoors on private property that provides seating to a contiguous restaurant. This seating may be in addition to indoor seating or it may be the only seating available for the restaurant.

OUTDOOR RECREATION: Land and appurtenant buildings, other than public parks and public facilities, dedicated to outdoor recreational and leisure activities, including but not limited to: field and court sports, golf courses and mini-golf, motorized and non-motorized vehicle courses and tracks, outdoor presentations of musical acts, theater and motion pictures, and similar functions. Outdoor recreation forms and functions shall conform to the noise limitations in title 8, chapter 6 of this code.

PARKING BAY: The parking space and aisle adjacent to said parking space.

PARKING STRUCTURE: A structure (or part thereof) that is designed specifically to be used for automobile parking and where there are a number of floors or levels on which parking takes place.

PEDESTRIAN SHED: An average one-fourth (1/4) mile radius or one thousand three hundred twenty feet (1,320'), which is about the distance of a five (5) minute walk at a leisurely pace as measured from the boundary of the lot where a corner store or corner office is located.

PERMITTED: Complies with the zoning ordinance and is permitted and processed administratively by right.

PORCH, OPEN: A one story, covered entrance to a building, with a separate roof, which is open on at least two (2) sides but may be glazed or screened; if glazed the percentage of window area to wall area may be no more than fifty percent (50%). An open porch may not be heated or air conditioned.

PRESCHOOL: A facility licensed by the State of Iowa which is intended to provide for the education, care, supervision and protection of children.

PRINCIPAL BUILDING: A nonaccessory building in which the principal function of the lot on which it is located is conducted.

PRINCIPAL ENTRANCE: The main point of access for pedestrians into a building.

PRINCIPAL FUNCTION: The predominant function to which the premises are devoted and the principal purpose for which the premises exist.

PUBLIC WORKS GARAGE: A public building used exclusively for City, County, or State maintenance vehicles.

RECREATIONAL VEHICLE (Commonly Referred To As An RV): A vehicle designed for travel, recreation and vacation use. This definition includes, but is not limited to:

   A.   Motor home: A self-propelled vehicle with a dwelling constructed as an integral part of the vehicle.

   B.   Pickup coach: A structure designed to be mounted on a vehicle.

   C.   Travel/camping trailer: A portable structure that is designed to be towed on the highway by a vehicle and designed or used as a dwelling.

   D.   Boats and personal watercraft.

   E.   Small motorized vehicles, such as snowmobiles, dirt bikes, all-terrain vehicles, golf carts, and similar vehicles designed for recreational or utility off road use.

   F.   Any trailer designed for conveyance of any of the above. One (1) or more recreational vehicles mounted on a single trailer shall be considered collectively as one (1) RV for the purposes of this title.

RELIGIOUS ASSEMBLY, LARGE: A building or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held with seven hundred fifty one (751) or more seats in the largest assembly space.

RELIGIOUS ASSEMBLY, MEDIUM: A building or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held with four hundred one (401) to seven hundred fifty (750) seats in the largest assembly space.

RELIGIOUS ASSEMBLY, SMALL: A building or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held with up to four hundred (400) seats in the largest assembly space.

RESIDENCE LODGING: Overnight accommodations within a residential form other than a bed and breakfast, inn, or hotel, that is usually (but not always) located within a residential neighborhood, and operated by the property owner or on-site resident manager. This definition includes short-term lodging in a residence arranged between owners and guests via a third party using a means of remote communication and transaction (e.g., via the internet or smart phone application).

RESTAURANT: A building where food and drink are prepared, served or consumed within the principal building, outdoors on the same premises, or via take-out or drive-through services. A restaurant may include consumption of alcoholic beverages in accordance with licensing rules and restrictions, but only when food is also served.

ROADSIDE STAND (Yard, Garage, Roadside, Or Similar): Land used or occupied for the purpose of buying or selling produce or other items grown or produced on site.

SCHOOL:

   K - 8: A school that meets the State of Iowa requirements for K - 8 education.

   9 - 12: A school that meets the State of Iowa requirements for 9 - 12 education.

SEASONAL SALES/DISPLAY: An outdoor sale or display of merchandise that is temporarily displayed for a period not to exceed four (4) months.

SELF-STORAGE: A private facility with a floor area of fifty-five thousand (55,000) square feet or less, whose principal function is to allow for indoor storage of residential and household items and other various and sundry items, not including hazardous materials, and which may include outdoor storage of vehicles and other large items.

SETBACK: The minimum required distance between any structure and lot line of the lot on which it is located.

SHOPPING MALL: A building or set of buildings that contain retail units, with interconnecting walkways that may or may not be indoors, enabling visitors to easily walk from unit to unit.

SHOPPING STRIP: A building consisting of multiple tenants, where the tenant spaces are typically less than twenty five thousand (25,000) square feet.

SIDE YARD/ZERO LOT LINE HOUSE: A building that is built at the property line on one (1) side of the lot.

SINGLE ROOM OCCUPANCY: Multiple tenant building that houses one (1) or two (2) people in individual rooms or the single room dwelling itself.

SITE OR DEVELOPMENT PLAN: A drawing to scale, usually (but not always) prepared by a licensed professional, that shows size and location of all existing and proposed buildings, all adjacent streets and highways, the size of all entrances and exits from the land and a legal description of the land. For some form and functions, a landscape development plan must be included.

STOOP: A raised open platform, including stairs if necessary, which may or may not have a sheltering roof, that provides access to the entry of a building.

STORAGE, OUTDOOR: Exterior depository, stockpiling, or safekeeping of materials, products, vehicles, trailers and the like. Materials that are stored beneath a structure that includes a roof, but no side walls shall be deemed outdoor storage; or outdoor storage may involve fencing or screening without a roof. The following shall not be considered outdoor storage:

   A.   Transient parking of vehicles on parking lots, where such parking does not exceed seventy two (72) hours.

   B.   Any product representation or signage.

   C.   Vending machines accessory to allowed forms or functions.

   D.   Sales and display of new or used vehicles as part of a vehicle sales/rental function.

   E.   Parking or storage of recreational vehicles on lots with a residential function, subject to section 12-8-6 of this title.

   F.   Parking or storage of commercial vehicles on lots with a residential function, subject to section 12-8-6 of this title.

   G.   The parking or storage of vehicles, equipment, and merchandise for a period of less than seventy two (72) hours.

STORY: A habitable level within a building, excluding an attic or raised basement.

STREET: Any vehicularway that is:

   A.   An existing State, County, or Municipal roadway;

   B.   Shown upon a plat approved pursuant to law; or

   C.   Approved by other official action.

STREET, PRIVATE: A street designed for access to adjacent parcels that is not dedicated to the public as right-of-way, and that is owned and maintained by the adjacent owners that benefit from the private street, either jointly or via an association created for the purpose of such maintenance.

STRUCTURE: A combination of materials assembled to give support or shelter that requires a more or less permanent location on the ground, that is safe, stable and includes, among other things, buildings, towers, signs, fences and silos; but not including poles and wires constructed for transmission of utilities.

STRUCTURE HEIGHT: The vertical distance from the ground level to the highest point of a structure, or attached antenna or similar device.

SURFACE PARKING: An off street, ground level, impervious open area that provides temporary storage for motor vehicles.

SWALE: Low lying or depressed land area commonly wet or moist which can function as an intermittent drainageway.

TAVERN: A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Taverns include bars, lounges, nightclubs, private clubs, bottle (BYOB) clubs, and similar facilities serving alcoholic liquor.

TOWNHOUSE: A one-family dwelling unit in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire resistant walls.

VARIANCE: A departure from any provision of the zoning ordinance except for a variance to allow a specific form or function not permitted within a zoning district.

VEHICLE REPAIR: Repairing of vehicles within a building or portion thereof, including cars, trucks, motorcycles, scooters and small engines. Vehicle repair operations shall include areas for the temporary storage of vehicles awaiting repair.

VEHICLE SALES AND RENTAL: A function located upon a privately owned and operated facility for the purpose of displaying, selling, leasing or renting vehicles (new or used, including recreational vehicles) in operable condition and where service and repair work (if provided) is accessory to the principal function.

WAREHOUSING: An industrial building for storage of goods related to a business.

WASTE TRANSFER: Techniques used primarily to reduce weight, volume and packaging which include, but are not limited to:

Collection Center: A limited industry facility for collecting secondary materials, usually from the public, and reselling to brokers, processing centers or manufacturers. Collection centers may or may not buy material; can be permanent or mobile; do no processing of materials for resale.

Composting: The controlled decay of organic matter, producing a nutrient rich mulch or organic soil, is utilized for yard debris, thus removing part of the waste going to landfills and incinerators.

Incineration: A process technology which provides the benefit of reducing the amount (particularly by volume) of wastes; the residues of which must then be managed and disposed of properly.

Landfill, Sanitary: An engineering project for refuse disposal in which the waste is dumped in accordance with a preconceived plan, compacted and covered.

Processing Center: A facility that buys secondary material, usually from brokers, collection centers and various postconsumer waste facilities, to use for the remanufacturing of products.

Recycling: The process by which materials otherwise destined for disposal are retrieved and remanufactured into new products.

Transfer Station: An intermediate facility where collected refuse or material collected for recycling is deposited for transfer to the final processing or disposal site.

WASTEWATER TREATMENT: A sewage disposal system which is constructed, installed, maintained, operated and owned by a municipality or taxing district established for that purpose.

WATER TREATMENT: A water supply system which is constructed, installed, maintained, operated and owned by a municipality or taxing district established for that purpose.

WIND ENERGY CONVERSION SYSTEMS DEFINITIONS:

Commercial Wind Energy Conversion System (Commercial WECS): A wind energy conversion system that is intended to produce electricity for sale to a rate regulated or nonregulated utility, or for use off site.

Dispersed Wind Energy Conversion System (Dispersed WECS): A wind energy conversion system that has a rated capacity greater than fifty kilowatts (50 kW), which is incidental and subordinate to a permitted use on the same parcel or on an abutting parcel under the same ownership as the parcel developed with the dispersed WECS, and which is intended to produce electricity primarily for use on-site. Such system may be connected to the electrical grid when a parcel on which the system is installed also receives electrical power supplied by a utility company. Excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa Administrative Code.

Height, Total System: The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors.

Height, Tower: The height above grade of the fixed portion of the tower, excluding the wind turbine generator and attached blades or rotors.

Small Wind Energy Conversion System (Small WECS): A wind energy conversion system that has a rated capacity of up to fifty kilowatts (50 kW), which is incidental and subordinate to a permitted use on the same parcel. A system is considered a small wind energy system only if it supplies electrical power solely for on site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa Administrative Code.

Tower: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

Wind Energy Conversion System (WECS): An aggregation of parts including the base, tower, generator, rotor, blades, supports, guywires and accessory equipment such as utility interconnect and battery banks, etc., configured as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine.

Wind Turbine Generator: The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy.

YARD: An open space on a lot that is unobstructed by any portion of a structure from twenty four inches (24") above the ground upward, except any permitted encroachments or as otherwise provided in this title. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the nearest point of a building or structure.

   B.   Yard, Secondary Front: On a corner lot, a yard along the frontage of the lot that is not the principal frontage. If a double frontage lot has a third frontage, that frontage shall be considered a secondary front yard for the purpose of determining setbacks.

YARD, REAR: A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest point of the principal building. On a double frontage lot, the yard furthest from and opposite the front yard shall be a rear yard.

YARD, SIDE: A yard between the nearest point of the building and the side line of the lot and extending from the front yard

(Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. Ord. 12-07, 9-4-2012; Ord. 13-22, 7-2-2013; Ord. 13-25, 7-16-2013; Ord. 14-1, 1-7-2014; 2017 Code; Ord. 18-9, 10-2-2018; Ord. 19-1, 3-5-2019; Ord. 19-2, 3-5-2019; Ord. 20-10, 11-3-2020; Ord. 21-5, 6-1-2021; Ord. 22-3, 3-1-2022; Ord. 24-6, 4-2-2024)