For the purpose of interpreting this chapter, certain words, terms, and expressions are herein defined.

1.   Definitions For Terms Beginning With “A.”

   A.   “Accessory storage building” means a building originally constructed for use as an accessory building for the storage of material and equipment accessory to a primary use located on the property. For purposes of this chapter, cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings.

   B.   “Accessory storage container” is an accessory storage building and, in limited circumstances (as set out in Subsection 3A of this section), a cargo container.

   C.   “Addition” means any construction which increases the site coverage, height, length, width, or floor area of a structure.

   D.   “Alley” means a public or private way permanently reserved as a secondary means of access to abutting property.

   E.   “Alley, service” means a service roadway providing a secondary means of public access to abutting property intended only for service access to utilities and not to be used for general traffic circulation.

   F.   “Attached” means having one or more walls in common with a principal building, or joined to a principal building by a covered porch or passageway.

   G.   “Attic” means a space under a gable, hip, gambrel, or other roof, the finished floor of which is or would be at or entirely above the level of the wall plates of at least two exterior walls, and the height of which, from the floor level to the highest point of the roof, does not exceed 10 feet.

2.   Definitions For Terms Beginning With “B.”

   A.   “Basement” means a story partly underground but having at least one-half of its height above the curb level, and also one-half of its height above the highest level of the adjoining ground, with a floor to ceiling dimension of at least six and one-half feet.

   B.   “Boarding house” or “lodging house” means a building other than a hotel, where, for compensation and by arrangement, lodging is provided for three or more persons.

   C.   “Buildable area” means the portion of a lot remaining after required yards have been provided.

   D.   “Building” means a roofed structure supported by columns or walls for shelter, support, or enclosure of persons, animals, or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building.

   E.   “Building, accessory” means a building which is subordinate to the main building on the lot, not attached thereto, and used for purposes customarily incidental to those of the main building. Private garages are accessory buildings.

   F.   “Building, height of” means the perpendicular distance measured in a straight line from the curb level to the highest point of the roof. Where a building is situated on ground above the curb level or where no curb grade is established, such height shall be measured from the level of the adjoining ground at the middle of the front wall.

   G.   “Building line” means the setback distance from the front property line, rear lot line, and side lot lines as provided in this chapter.

   H.   “Building wall” means the wall of a building forming a part of the main structure. The foundation walls of unenclosed porches, steps, walks and retaining wall or similar structures, shall not be considered as building walls under the provisions of this Code of Ordinances.

3.   Definitions For Terms Beginning With “C.”

   A.   “Cargo container” means standardized reusable vessels that were originally designed for, or used in, the parking, shipping, movement, or transportation of freight, articles, goods, or commodities, or originally designed for, or capable of being mounted or moved by, rail, truck, or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport container” and “portable site storage container” having a similar appearance to, and similar characteristics of, cargo containers.

   B.   “Condominium” means a multi-unit dwelling or townhouse as defined herein where the fee title to each dwelling is held independently of the others and title to common areas is held jointly by dwelling unit title holders.

   C.   “Court” means an open space fully-enclosed on at least three adjacent sides by walls of a building. An outer court is any court facing for its full width on a street, or on any other required open space not a court.

   D.   “Curb level” means the established curb grade adjacent to a lot.

4.   Definitions For Terms Beginning With “D.”

   A.   “Deck” means a non-roofed structure open on two or more sides projecting from side or rear wall of a building.

   B.   “Detached” means fully-separated from any other structure; not attached.

   C.   “Drive-in service” means a feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive-through services such as mechanical automobile washing.

   D.   “Driveway” means an area providing vehicular access between a street and an off-street parking or loading area.

   E.   “Dwelling” means any building or portion thereof which is designed or used primarily for residential purposes but not including a tent or trailer.

   F.   “Dwelling, single-unit” means a detached building that is arranged, designed, or intended to be occupied as the residence of a single party and having no party wall in common with an adjacent building.

   G.   “Dwelling, two-unit” means a detached building that is arranged, designed, or intended to be occupied as the residence of two parties or housekeeping units living independently of each other.

   H.   “Dwelling, multi-unit” means an apartment house or dwelling used or intended to be used or occupied as the residence of three or more parties or housekeeping units living independently of each other.

5.   Definitions For Terms Beginning With “E.”

   A.   “Easement” means the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

6.   Definitions For Terms Beginning With “F.”

   A.   “Family” means a group of individuals living and cooking together on the premises as one housekeeping unit, but a family shall not include more than three individuals not related by blood or marriage.

   B.   “Fence” means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

7.   Definitions For Terms Beginning With “G.”

   A.   “Garage, private” means an accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business services or industry connected with the motor vehicles is carried on other than leasing of space.

8.   Definitions For Terms Beginning With “H.”

   A.   “Home occupation” means an occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Refer to Subsection 165.25(2) for home occupation regulations.

9.   Definitions For Terms Beginning With “I.”

10.   Definitions For Terms Beginning With “J.”

11.   Definitions For Terms Beginning With “K.”

   A.   “Kennel” means an establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

   B.   “Kennel, private” means any building or buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.

12.   Definitions For Terms Beginning With “L.”

   A.   “Loading space” means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.

   B.   “Lot” means a parcel of land under common ownership having its frontage upon one or more streets or on an officially approved place.

   C.   “Lot area” means the net horizontal area within bounding lot lines, but excluding any portion of a flag (panhandle) lot providing access to a street and excluding any public or private easement or right- of-way providing access to another lot.

   D.   “Lot, corner” means a lot fronting on two intersecting roads.

   E.   “Lot coverage” or “building coverage” means the area of a lot covered by buildings or ground level paving, but excluding incidental projecting eaves, balconies, and similar features and excluding landscaping and open recreational facilities.

   F.   “Lot, depth” means the distance from the front lot line to the rear lot line. In the case of a lot of irregular shape, the mean depth shall be the lot depth.

   G.   “Lot, width” means the distance between the side lot lines. In the case of a lot of irregular shape, the mean width shall be the lot width.

   H.   “Lot, interior” means a lot other than a corner lot.

   I.   “Lot line” means the lines bounding a lot.

   J.   “Lot line, front” means, in the case of an interior lot abutting on only one street, the street line of such street. In the case of any other lot, it may be such street line as is selected by the owner as the “front lot line” for the purpose of this Code of Ordinances, provided that the principal entrance to such building shall be on the street so selected.

   K.   “Lot line, rear” means that boundary line which is opposite and most distant from the front lot line.

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

   M.   “Lot of record” means a lot or parcel of land the deed or valid contract of sale of which was recorded in the office of the County Recorder of Sioux County, Iowa prior to April 5, 1960.

   N.   “Lot, through” means a parcel of land under common ownership having a frontage upon one street or officially approved place and having a second and opposite frontage upon another street or officially approved place.

13.   Definitions For Terms Beginning With “M.”

   A.   “Manufactured home” or “mobile home” means a structure transportable in one or more sections which when placed on site measures eight body feet or more in width by 40 body feet or more in length or when placed on site is 320 or more square feet in area, and which is built on a permanently transportable chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein. This definition shall also include and apply to such manufactured home (formerly mobile homes) converted to real estate. All manufactured homes (formerly mobile homes) shall be located within a manufactured home park.

   B.   “Manufactured home converted to real estate” means an unencumbered manufactured home which has been attached to a permanent foundation on real estate owned by the manufactured home owner, which has had the vehicular frame destroyed, rendering it impossible to reconvert to a mobile manufactured home and which has been inspected by the assessor, the manufactured home title, registration, and license plates collected from the owner and the property entered on the tax rolls of the County. Manufactured homes converted to real estate are not allowed within the City.

   C.   “Manufactured home park” means any site or tract of land upon which two or more occupied manufactured homes are parked and connected to utilities, either free of charge or for revenue purposes, and shall include any building, structures, or enclosure used or intended for use as part of the equipment of such manufactured home park.

   D.   “Manufactured home space” means an area within a manufactured home park which is designed for and designated as the location for a single manufactured home and the exclusive use of its occupants.

   E.   “Maternity group home” means a community-based residential home that provides room and board, personal care, supervision, training, support, and education in a family environment for women who are either pregnant or who have given birth within the preceding twenty-four months and live with their children, and includes overnight room accommodations and administrative and office space for those persons who provide such services.

   F.   “Modular home” means a factory-built structure designed to be transported from the factory and placed upon a permanent foundation or basement and used as a place of human habitation. A modular home must be constructed to comply with the State Building Code for modular factory built structures, and must display the seal issued by the State Building Code Commissioner.

14.   Definitions For Terms Beginning With “N.”

   A.   “Nonconforming use” means a lawful use of any land, building, or structure, other than a sign, that does not conform with currently applicable use regulations, but which complied with use regulations in effect at the time the use was established.

15.   Definitions For Terms Beginning With “O.”

16.   Definitions For Terms Beginning With “P.”

   A.   “Parking facility” means an area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by this chapter. The term “parking facility” shall include parking lots, garages, and parking structures.

   B.   “Parking space” means an area on a lot or within a building, used or intended for use for parking of a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this chapter. The term “parking space” is equivalent to the term “parking stall” and does not include driveways, aisles, or other features comprising a parking facility.

   C.   “Porch, open” means a roofed structure, open on two or more sides, projecting from the front, side or rear wall of the building.

   D.   “Principal use” means the main use of land or structures as distinguished from an accessory use.

   E.   “Public notice” means the publication of the time and place of any public hearing not less than seven days prior to the date of said hearing in one newspaper of general circulation in the City.

   F.   “Public way” means an open or unoccupied public space more than 30 feet in width which is permanently reserved for the purpose of access to abutting property.

17.   Definitions For Terms Beginning With “Q.”

18.   Definitions For Terms Beginning With “R.”

   A.   “Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers, and snowmobiles.

   B.   “Residential convenience service” means a use or activity of a commercial nature conducted as an accessory use to multiple family residential or mobile home park residential use, and intended solely for the convenience of residents thereof.

19.   Definitions For Terms Beginning With “S.”

   A.   “Setback line” means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.

   B.   “Sign” means an identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, persons, institution or business. Refer to Section 165.27 for sign use regulations.

   C.   “Site plan” means a plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses, and principal site development features including parking, access, and landscaping and screening, proposed for a specific parcel of land.

   D.   “Story” means that part of any building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half of its height above the highest level of adjoining ground.

   E.   “Street, front” means the street or public place upon which a lot abuts. If a lot abuts upon more than one street or public place it shall mean the street designated as the front street in the owner’s application for a building permit.

   F.   “Street line” means the dividing line between a lot and a public street, alley or place.

   G.   “Street, public” means a public thoroughfare more than 30 feet in width.

   H.   “Street wall” means the wall of the building nearest the street under consideration.

   I.   “Structure” means that which is built or constructed at least one foot above the ground. “Structures” includes buildings.

   J.   “Substandard lot” means a lot of record that does not comply with currently applicable minimum area, width, or depth requirements for the district in which it is located, but which complied with applicable requirements when it was placed on record.

20.   Definitions For Terms Beginning With “T.”

   A.   “Townhouse” means a dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.

   B.   “Townhouse group” means two or more contiguous townhouses having common or abutting walls.

21.   Definitions For Terms Beginning With “U.”

   A.   “Use” means the conduct of an activity, or the performance of a function or operation, on a site or in a structure.

   B.   “Use, accessory” means a use or activity which is incidental to and customarily associated with a specific principal use on the same site.

   C.   “Use, permitted” means a use listed by the regulations for any particular zoning district as a permitted use within that zone, and permitted therein as a matter of right when conducted in accordance with the regulations established by this chapter.

   D.   “Use, principal” means a use which is a primary function of a lot or structure.

   E.   “Use, special exception” means a use listed by the regulations for any particular zoning district as a special exception use within that district and allowable therein, solely on a discretionary and conditional basis subject to a Special Exception Use Permit, and to all other regulations established by this chapter.

22.   Definitions For Terms Beginning With “V.”

   A.   “Valuation” means the 100 percent valuation of a building or structure, as determined by the County Assessor.

23.   Definitions For Terms Beginning With “W.”

24.   Definitions For Terms Beginning With “X.”

25.   Definitions For Terms Beginning With “Y.”

   A.   “Yard, front” means the required space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any building of the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than 30 inches, steps, bay windows or similar features not extending through more than one story and which do not aggregate more than one-third of the width of the frontage of the building, and vestibules not more than one story in height and extending more than three feet beyond the front wall of the principal building, one story open porches eight feet or less in depth.

   B.   “Yard, rear” means the required open space, unobstructed to the sky, extending along the rear lot line (not street line), throughout the whole width of the lot to the rear of the principal building, excluding cornices, eaves, gutters, chimneys projecting not more than 30 inches, uncovered steps, open porches not more than one story in height and eight feet in depth and accessory buildings.

   C.   “Yard, side” means the required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard, excluding cornices, eaves, gutters, chimneys, bay windows, and open porches, or similar features which project into the side yard but are 30 inches or more from the side lot line.

26.   Definitions For Terms Beginning With “Z.”

   A.   “Zoning Administrative Officer” means the individual appointed by the City Council to administer and enforce the provisions of this chapter.

   B.   “Zoning compliance permit” means a permit issued by the Zoning Administrative Officer authorizing the use of land in the manner and for the purpose specified in the application.