This article shall be known as "definitions." The purpose of these provisions is to promote consistency and precision in the interpretation of this chapter. The meaning and construction of words as set forth shall apply throughout this chapter, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction.

(Code 1970, § 38-11; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The following general rules of construction apply to the text of this chapter:

(1)

Headings. Section and subsection headings contained herein are provided for illustrative purposes only, and shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, or intent of any provision of this chapter.

(2)

Illustration. In the case of any real or apparent conflict between the text of this chapter and any illustration explaining the text, the text shall apply.

(3)

Shall, must, and may. The terms "shall" and "must" are always mandatory. The term "may" is discretionary.

(4)

Tenses and numbers. Words used in the present tense include the future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(5)

Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected items or provisions apply.

b.

"Or" indicates that the connected items or provisions may apply singly or in any combination.

c.

"Either … or" indicates that the connected items or provisions shall apply singly but not in combination.

(6)

Referenced agencies. Unless otherwise indicated, all public officials, bodies, and agencies referred to in this chapter are those of the city.

(Code 1970, § 38-12; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means having lot lines or district boundaries in common. Use interchangeably with adjacent.

Accessory structure means a structure that is incidental to, and customarily associated with, a specific principal use or building on the same site.

Accessory use means a use that is incidental to, and customarily associated with, a specific principal use on the same site.

Addition means any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.

Agent of owner means any person showing written verification that he is acting for, and with the knowledge and consent of, a property owner.

Aliquot part means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section.

Alley means a public right-of-way, other than a street, which is used as a secondary means of access to abutting property.

Alteration means any construction or physical change in the internal arrangement of spaces, the supporting members, the positioning on a site, or the appearance of a building or structure.

Apartment means a room or suite of rooms with private bath and kitchen comprising an independent, self-contained dwelling unit primarily for rent of not fewer than 30 days.

Approving authority means the city council of the city or its designee.

Attached means having one or more walls in common with a principal building, or connected to a principal building by an integral architectural element, such as a covered passageway; facade wall extension, or archway.

Awning means a temporary hood or cover that projects from the wall of a building, and that may include a type that can be retracted, folded, or collapsed against the face of a supporting building; a type of canopy.

Base zoning district means a district established by this chapter that prescribes basic regulations governing land use and site development standards. No more than one base zoning district shall apply to any individually platted lot or parcel unless the lot or parcel is part of a planned unit development.

Basement means a level of a building below street level that has at least one-half of its height below the surface of adjacent ground. A basement used for independent dwelling or business purposes shall be considered a story for the purposes of height measurement. When used in the context of floodplain regulations only, "basement" means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor" in floodplain/floodway overlay district definitions.

Bedroom means any room used principally for sleeping purposes, an all-purpose room, a study, or a den, provided that no room having fewer than 70 square feet of floor area shall be considered a bedroom.

Beginning of construction means the initial incorporation of labor and materials within the foundation of a building or structure.

Bicycle lane and path means a designated lane on a roadway or an exclusive path separated from a roadway, designed specifically to accommodate the physical requirements of bicycling. Bicycle paths are ordinarily designed to accommodate other forms of non-motorized transportation or recreational movement, but will also accommodate motorized vehicles, such as motorized wheelchairs, designed specifically to provide access to people with disabilities.

Block means an area of land within a subdivision that is entirely bounded by streets and/or the exterior boundaries of the subdivision, or by a combination of the above with a watercourse, lake, railroad, or other significant natural or manmade barrier, and which has been designated as such on a plat for the purposes of legal description of a property.

Block face means the property abutting one side of a street and lying between the two nearest intersecting streets, or between the one nearest intersecting street and a major physical barrier, including, but not limited to, railroads, streams, lakes, or the corporate limits of the city.

Board of adjustment means a body, established by the city, expressly for the purpose of granting relief from situations of hardship, and hearing appeals as provided by this chapter.

Boulevard means a public street generally characterized by a wider than normal right-of-way and extensive green space in relation to pavement surface. Boulevards may either include dual street channels separated by a landscaped median or by a single street channel with wider than normal greenway setbacks behind the curb.

Buffer yard means a landscaped area around the perimeter of a tract of land, usually intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

Buildable area means the area of a lot remaining after the minimum yard and open space requirements of this chapter have been met.

Building means any structure for the shelter, housing or enclosure of persons, animals, chattels or property of any kind, with the exception of dog house, play house and similar structures. Each portion of a building separated by dividing wall or walls without openings may be deemed a separate building for the purpose of issuing building permits.

Building coverage means the at-grade area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features; also referred to as the building footprint.

Building elevation means an exterior wall of a building exposed to public view.

Building envelope means the three-dimensional space within which a structure is permitted to be built on a lot after all zoning and other applicable municipal requirements have been met.

Building height means the vertical distance from the established grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or to the average height between eaves and the ridge for gable, hip, shed, or gambrel roofs. For other cases, height shall be measured as the vertical distance from the established grade to the highest point of a structure as herein defined. Where a building or structure is located on a slope, height shall be measured from the average grade level adjacent to the building or structure.

Building line means the outer boundary of a building established by the location of its exterior walls.

Building official means the city official, designated by the city council, who is responsible for the enforcement of the applicable building code and conditional uses.

Building permit means a document that must be issued by the building official prior to erecting, constructing, enlarging, altering, moving, improving or converting any building or structure on a platted lot or a parcel, as regulated by this chapter or by the applicable building code of the city. Issuance of a building permit follows review of plans by the zoning administrator to determine that the proposed use of building or land complies with the provisions of this chapter.

Building, principal, means a structure or, where the context so indicates, a group of structures in or on which is conducted the principal use of the lot on which such structure is located.

Business means activities that include the exchange or manufacture of goods or services on a site.

Business center means a building containing more than one commercial business, or any group of non-residential buildings within a common development, characterized by shared parking and access.

Canopy means, with reference to structures, a roof-like cover, including an awning that projects from the wall of a building over a door entrance or window; or a freestanding or projecting cover above an outdoor service area, such as a gasoline service station. A marquee is not a canopy.

Certificate of occupancy means an official certificate issued by the building official or his designee, prior to occupancy of a completed new building or structure upon finding of conformance with the applicable building code and this chapter.

Change of use means the replacement of an existing use type by a new use type.

Channel means the bed or banks of a natural stream or drainageway that convey the constant or intermittent flow of water, including storm run-off.

City means the City of Ottumwa, Iowa.

City council means the city council of Ottumwa, Iowa.

Commercial vehicle means any vehicle licensed by the state, or any other state, as a commercial vehicle.

Common area means an area held, designed, and designated for common or cooperative use within a development.

Common development means a development proposed and planned as one unified project not separated by a public street or alley.

Common open space means land within or related to a development that is not individually owned or dedicated for public use, designed and generally intended for the common use of the residents of the development.

Compatibility means the degree to which two or more different land use types are able to exist together in close proximity, with no one use having significant negative effects on any other use.

Comprehensive plan means the duly adopted comprehensive development plan of the city.

Conditional use means a use that, owing to some special characteristics attendant to its operation or installation, is permitted in a district subject to approval by the board of adjustment, and, subject to special requirements, is different from those usual requirements for the district in which the conditional use may be located.

Conditional use permit means a permit granted by the board of adjustment to a property owner to conduct a use allowed as a permitted use in a zoning district subject to a conditional use permit. A conditional use permit may be granted at the discretion of the board of adjustment after a public hearing.

Condominium means an ownership regime whereby the title to each unit of occupancy is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units with each owner having an undivided interest in the common real estate. Condominiums may include residential, commercial, office, or industrial uses.

County means Wapello County, Iowa.

Courtyard means an open, unoccupied space, bounded on two or more sides by the walls of the building.

Curb means a stone or concrete boundary usually marking the edge of the roadway or paved area.

Curb cut means an opening along the curb line at which point vehicles may enter or leave the roadway.

Density means the amount of development per gross acre of land.

Design standards means specific site and/or building improvement requirements in addition to basic district development regulations established for identified special development areas.

Detached means fully separated from any other building or not jointed to another building in such a manner as to constitute an enclosed or covered connection.

Detention basin means an artificial or natural water collection facility designed to collect surface or subsurface water, and to control its rate of discharge in order to prevent a net increase in the rate of water flow that existed prior to a development.

Developer means the legal owner or authorized agent of any land engaged in a proposed development.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

District orzone means a portion of the territory of the city, exclusive of streets, alleys, and other public ways, within which certain uses of land, premises and buildings are permitted, and within which certain yards and open spaces are required, and certain height limits are established for buildings.

Drive-in service means a use that involves the sale of products or provision of services to occupants in vehicles.

Drainage means the removal of surface water or groundwater from land by drains, grading, or other means.

Drainage system means the system through which water flows from the land.

Dwelling unit means one or more rooms, designed, occupied or intended for occupancy as a separate place of residence, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of one family, as defined in this section, maintaining a household.

Easement means a property owner's grant to a specific person, or to the public, to use land for a specific purpose or purposes. It shall also mean a right acquired by prescription.

Enclosed means a roofed or covered space fully surrounded by walls.

Existing use means the use of a lot or structure at the time of the effective date of this chapter.

Family means an individual or group of persons who are living together as a bona fide, permanent, single housekeeping unit that commonly shares all facilities of a dwelling unit, provided that no more than five individuals are not related by blood or marriage. The term "family" shall not be construed to include a fraternity, sorority club, or other groups of persons living together on a temporary commercial basis such as a hotel/motel, retirement or nursing home, boardinghouse, or lodginghouse arrangements.

Farm means an area of three or more contiguous acres that is used for the production of farm crops such as vegetables, fruit trees, cotton or grain and their storage, as well as raising thereon of farm animals such as poultry or swine on a limited basis. Farms also include dairy products. Farming does not include the commercial raising of animals, commercial pen feeding (feed lots), or the commercial feeding of garbage or offal to swine or other animals.

Fascia means a parapet-type wall used as part of the facade of a flat-roofed building, and projecting no more than six feet from the immediately adjacent building face. Such a wall shall enclose at least three sides of the projecting flat roof, and return to the parapet wall or the building.

Federal means pertaining to the Government of the United States of America.

Fence means an enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth.

Frontage means the length of a property line of any one premises abutting and parallel to a public street, private way, or court from which access is permitted.

Garage means an accessory building or portion of a main building used primarily for storage of motor vehicles.

Grade means the elevation of the finished surface of ground, paving, or sidewalk adjacent to any building line.

(1)

For buildings having walls facing one street only, the grade shall be the elevation of the ground at the center of the wall facing the street.

(2)

For buildings having walls facing more than one street, the grade shall be the average elevation of the grades of all walls facing each street.

(3)

For buildings having no walls facing a street, the grade shall be the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Government lot means a tract, within a section, which is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.

Gross floor area (GFA) means the total enclosed horizontal area of all floors of a building, measured to the inside surfaces of the exterior walls. The term "gross floor area" excludes the areas of mechanical equipment rooms, elevator shafts, airspaces above atriums, and enclosed off-street parking and loading areas serving a principal use.

Home-based business or home occupation means an accessory occupational use conducted within a dwelling unit by its inhabitants, which is clearly incidental to the residential use of the dwelling unit or residential structure, and does not change the residential character of its site.

Housing opportunity medium density infill means residential medium density infill development authorized by administrative process which conforms to an approved prototype site plan established by resolution.

Housing unit ordwelling unit means a building or portion of a building arranged for, and intended for, occupancy as an independent living facility for one family, including permanent provisions for cooking.

Impervious coverage means the total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements that decrease the ability of the surface of the site to absorb water, expressed as a percent of site area. The surface water area of swimming pools is excluded from this definition.

Infill development means new development that is sited on vacant or undeveloped land within an existing community, and that is enclosed by other types of development.

Inoperable vehicle means any motor vehicle that meets the definition of "junk motor vehicle" under section 32-35. Also, any recreational vehicle, boat, trailer or semitrailer which lacks a current registration or component part, which renders the vehicle unsafe and unfit for legal use upon the public right-of-way. The term "unsafe" means any recreational vehicle, boat, trailer or semitrailer:

(1)

With a missing, broken, or shattered windshield or any exposed broken glass edges.

(2)

With a missing fender, door, hood, steering wheel, trunk top, or trunk handle.

(3)

Which has become a habitat of rats, mice, snakes, or any other vermin or insects.

(4)

Left unattended on jacks, blocks, or elevated in any other way which constitutes a threat to the public health, safety, or welfare.

(5)

Which because of its condition constitutes a threat to the public health, safety, or welfare.

Junk means all old or scrap copper, brass, lead, or any other non-ferrous metal; old rope, rags, batteries, paper, trash, rubber debris, waste, used lumber or salvaged wood; dismantled or inoperable vehicles, unsafe vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel, or other old or scrap ferrous material; old discarded glass, tinware, plastic, or old discarded household goods or hardware; cut brush, including dead or decaying plant material, except a contained compost pile or neatly stacked firewood located in the side or rear yard.

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.

Landscaped area means the area within the boundaries of a given lot, site or common development consisting primarily of plant material, including, but not limited to, grass, trees, shrubs, vines, ground cover, and other organic plant materials, or grass paver masonry units installed such that the appearance of the area is primarily landscaped.

Interior landscaped area means any landscaped area within a site exclusive of required perimeter landscaping.

Perimeter landscaped area means any required landscaped area that adjoins the exterior boundary of a lot, site, or common development.

Loading area means an off-street area used for the loading or unloading of goods from a vehicle in connection with the use of the site on which such area is located.

Lot means a tract of land represented and identified by number or letter designation on an official plat.

Corner lot means a lot located at the junction of at least two streets, private ways or courts, or at least two segments of a curved street, private way or court, at which the angle of intersection is no greater than 135 degrees.

Double-frontage lot means also known as a through lot, a lot, other than a corner lot, having frontage on two non-intersecting streets, private ways, or courts. Primary access shall be restricted on a double frontage lot to the minor of the two streets, or to the front line as determined at time of platting, or as defined by this chapter.

Interior lot means a lot, other than a corner lot, with sides not abutting a street.

Lot of record means a lot that is part of a recorded subdivision, or a parcel of land that has been recorded.

Reverse-corner lot means a corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear.

Through lot means also known as a double-frontage lot, a lot, other than a corner lot, having frontage on two non-intersecting streets, private ways, or courts. Primary access shall be restricted on a double frontage lot to the minor of the two streets, or to the front line as determined at time of platting or as defined by this chapter.

Zoning lot means a single parcel of land, in common ownership, located within a single block, which is used or occupied for a principal use. A zoning lot need not coincide with a lot of record and may consist of a single lot of record, portions of a lot of record, or combinations of complete and portions of lots of record or property described by metes and bounds. Each individual zoning lot is subject to the provisions of a particular base zoning district, and shall be subject to the frontage requirements of section 38-881, except as provided in an approved planned unit development.

Lot area means the total horizontal area within the lot lines of a lot.

Lot depth means the mean horizontal distance measured between the front and rear lot lines.

Lot line means a property boundary line of record that divides one lot from another lot or a lot from the public or private street right-of-way or easement.

Front lot line means the lot line separating a lot and a public or private street right-of-way or easement.

a.

For an interior lot, the lot line separating the lot from the right-of-way or easement.

b.

For a corner lot, the front lot line shall be determined by the zoning administrator or designee, or as may be noted on the final plat.

c.

For a double-frontage lot, the lot lines separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification, the front lot line shall be determined by the zoning administrator or designee at the time of application for the original building permit for the lot, or as may be noted on the final plat.

Rear lot line means the lot line that is opposite and most distant from the front line.

Side lot line means any lot line that is neither a front or rear lot line. A side lot line separating a lot from a street, private way, or court is a street side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot width means the horizontal distance measured between the side lot lines of a lot, at right angles to its depth, along a straight line parallel to the front lot line at the minimum required building setback line.

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

(1)

Dwelling units built in compliance with the above may be placed in any zoning district where single-family dwelling units are permitted, provided the unit meets the design standards for all single-family detached dwellings as specified in supplemental use regulations, section 38-870(a).

(2)

Manufactured homes which do not meet all of the design standards in section 38-870(a) may be placed in a manufactured home park.

Mixed-use building means a building or structure that incorporates two or more use types within a single building or structure, provided that each use type is permitted within the individual base zoning district in which the building or structure is to be located.

Mixed-use development means a single development that incorporates complementary land use types into a single development.

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

Mobile home park means a site, lot, field, or tract of land upon which three or more mobile homes or manufactured homes, or a combination of any of these homes, are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available. The term "mobile home park" shall not be construed to include manufactured or mobile homes, buildings, tents, or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students.

Modular home means:

(1)

A factory-built structure which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa State Building Code for modular factory-built structures, as adopted pursuant to I.C.A. § 103A.7, and must display the seal issued by the state building code commissioner.

(2)

Dwelling units built in compliance with the above may be placed in any zoning district where single-family dwelling units are permitted, provided the unit meets the design standards for all single-family detached dwellings as specified in supplemental use regulations, section 38-870(a).

Nonconforming development means a building, structure, or improvement which does not comply with the regulations for its zoning district set forth by this chapter but which complied with applicable regulations at the time of construction.

Nonconforming lot means a lot which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this chapter. No action can be taken which would increase the nonconforming characteristics of the lot.

Nonconforming sign means a sign which had been issued a valid permit at the time it was erected but is not in accord with, or compliance with, the requirements of this article and was made nonconforming by annexation, rezoning, or ordinance amendment.

Nonconforming structure means a structure which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this chapter. No action can be taken which would increase the nonconforming characteristics of the structure.

Nonconforming use means a land use which was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this chapter. No action can be taken which would increase the nonconforming characteristics of the land use. When used in the context of the aviation overlay regulations only, the term "nonconforming use" means any pre-existing structure, object of natural growth, or use of land that is inconsistent with the provisions of this article or an amendment thereto.

Nuisance means an unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious, or offensive.

Official zoning map means the legally-adopted map which conclusively shows the location of all zoning classifications within the city. A copy of the map is located in the planning and development department and in the city clerk's office at City Hall, 105 East Third Street, Ottumwa, Iowa.

Off-site means located outside the boundaries of the parcel that is the subject of an application.

Open space means an area that is intended to provide light and air, and is designed for environmental, scenic, or recreational purposes. The term "open space" may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. The term "open space" shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

Outdoor storage means the storage of materials, parts, or products related to the primary use of a site for a period exceeding three days.

Overlay district means a district established by this chapter that prescribes special regulations to be applied to a site only in combination with a base district.

Owner means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

Parcel means a part of a tract of land.

Parking facility means an area on a lot and/or within a building, including one or more parking spaces, along with provision for access, circulation, maneuvering, and landscaping, meeting the requirements of this chapter. Parking facilities include parking lots, private garages, and parking structures. Vehicle storage is a use distinct from parking. Vehicle storage is also governed by applicable provisions of article XXX of this chapter, off-street parking and loading regulations.

Parking space means an area on a lot and/or within a building, intended for the use of temporary parking of a personal vehicle. The term "parking space" is used interchangeably with the term "parking stall." Each parking space must have a means of access to a public street. Tandem parking stalls in single-family detached, single-family attached, and townhouse residential uses shall be considered to have a means of access to a public street.

Paved means hard-surfaced; that is, permanently surfaced with poured concrete, concrete pavers, or asphalt.

Performance bond means a surety bond or cash deposit posted by a contractor or developer made out to the city in an amount equal to the full cost of the improvements. The bond amount shall be that of the contract price and shall be legally sufficient to secure to the city that said improvements will be constructed in accordance with the terms of the contract documents within a period specified by this chapter.

Permitted use means a land-use type allowed as a matter of right in a zoning district, subject only to special requirements of this chapter.

Planning and zoning commission orplanning commission means the planning and zoning commission of the city.

Planned unit development means a development of land, which is under unified control, and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Porch, unenclosed, means a roofed or unroofed open structure projecting from an exterior wall of a building, and having no enclosed features more than 30 inches above its floor other than wire screening and a roof with supporting structure.

Premises means a lot, parcel, tract, or plot of land, contiguous and under common ownership or control, together with the buildings and structure thereon.

Primary highway means the entire primary system as officially designated, or as may hereafter be so designated, by the state department of transportation.

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

Principal street means a single street which provides the most access and/or the predominant business exposure for a particular business.

Private garage means a building for the storage of motor vehicles where no repair service facilities are maintained, and where no motor vehicles are kept for rental or sale.

Property line means the boundary between separate property ownerships, as recorded by the legal description of a parcel, and defined by the county auditor. In subdivisions, property lines are usually, but not in every case, coincident with lot lines.

Rear yard area means the distance between the rear lot line, measured at full width of the lot, and the wall or rear facade of a building parallel to such lot line.

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. Recreational vehicles include, but are not limited to, travel trailers, campers, motor coach homes, converted buses and trucks, boats, and boat trailers. When used in the context of floodplain regulations only, the term "recreational vehicle" means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulation means a specific requirement set forth by this chapter that must be followed.

Remote parking means a supply of off-street parking at a location not on the site of a given development.

Restrictive covenant means a restriction usually set forth in the deed on the use of land.

Right-of-way means a strip of land, generally linear, occupied or intended to be occupied by a system that conveys people, traffic, fluids, utilities, or energy from one point to another. Rights-of-way may include streets and roads, crosswalks, bicycle paths, recreational trails, railroads or fixed guideway transit, electric transmission lines, gas pipelines, water mains, or sewer mains.

Salvage dealer means any person who buys, sells, transfers, delivers, or stores junk, including every person who carries on such business at a shop, a salvage yard or as a peddler, and any person who, by advertisement, sign, or otherwise holds himself out as a salvage dealer or dealer in old or discarded metals, machinery, rags, paper stock, and the like.

Salvage yard means any place not fully enclosed within a building where a salvage dealer, in connection with the salvage dealer business, stores or deposits junk encompassing either:

(1)

An area of 200 square feet or more; or

(2)

Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.

Screening means the method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features, as may be permitted by the landscape provisions of this chapter.

Setback means the distance, as required by the minimum setback, which establishes the horizontal component of the building envelope.

Sidewalk means a paved path provided for pedestrian use, usually located at the side of and detached from a road, but within the right-of-way.

Sign means a symbolic, visual device fixed upon a building, vehicle, structure, or parcel of land, which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea.

Site means the parcel of land to be developed or built upon. A site may encompass a single lot or a group of lots developed as a common development under the special and overlay districts provisions of this chapter.

Site plan means a plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land, and any other information as required by the city under the site plan review ordinance, set forth as Appendix F to this Code.

State means the State of Iowa.

Storage, permanent, means the storage of any item of personal property (as opposed to real property) for a period of more than 48 hours.

Story means the portion of a building included between the surface of any floor and the surface of the next floor above it; if there is no floor above it, the space between such floor and the next ceiling above it. A half-story is a story under a sloped roof, the wall heights of which on at least two opposite, exterior walls are less than four feet.

Street means land dedicated for public use, from right-of-way line to right-of-way line, which affords a primary means of access to the abutting property.

Street yard means the distance between a lot line adjacent to a public street and the wall or facade of a building parallel to such lot line. If the building wall is not parallel to the lot line, the street yard depth shall be the distance between the street lot line and a parallel line that equals the average distance of the building wall or facade from the street lot line.

Structure means any object constructed, erected, or built, the use of which requires more or less permanent location on the ground, and which is designed for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, including, but without limiting, the generality of the foregoing, installations such as signs, billboards, radio towers, and other facilities not designed for storage of property or occupancy by persons. When used in the context of floodplain regulations only, "structure" means anything constructed or erected on the ground, or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses.

Townhouse means a dwelling unit having a common wall with or abutting one or more adjacent dwelling units in a townhouse structure, with its own front and rear access to the outside, and neither above nor below any other dwelling unit.

Townhouse structure means a building formed by at least two and not more than 12 contiguous townhouses with common or abutting walls.

Tract means an aliquot part of a section, a lot within an official plat, or a government lot.

Use means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

Vacation means the official abandonment of public right-of-way or easement by the city in accordance with state law.

Variance means a modification of the application of certain regulations or provisions of this chapter by the board of adjustment, under the authority provided by this chapter and state statutes. When used in the context of floodplain regulations only, the term "variance" means a grant of relief by a community from the terms of the floodplain management regulations.

Vehicle, motor, means any passenger vehicle, motorcycle, recreational vehicle, or truck that is propelled or drawn by mechanical power.

Yard, required, means that portion of a lot that lies between a lot line and the corresponding building setback line or the required landscape area. This area shall be unoccupied and unobstructed from the ground upward except as may be specifically provided for or required by this chapter.

Front yard means the space extending the full width of a lot, lying between the front lot line and the front setback line.

Rear yard means the space extending the full width of a lot, lying between the rear lot line and the rear setback line.

Side yard means the space extending the depth of a lot from the front to rear lot lines, lying between the side yard setback line and the interior lot line.

Street side yard, on a corner lot, means the space extending from the front yard to the rear yard, between the street side yard setback line and the street side lot line.

Zoning administrator means the city official authorized by the city council to administer this chapter.

Zoning district means a designated specified land classification, within which all sites are subject to a unified group of use and site development regulations set forth in this chapter.

(Code 1970, § 38-13; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3192, § 1, 4-19-2022)