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Pleasant Hill City Zoning Code

CHAPTER 165

TITLE, PURPOSE, AND GENERAL PROVISIONS

(Ord. No. 875, 08/01/2019) 

165.01 TITLE AND PURPOSE.

Chapters 165 through 174 of this Code of Ordinances contain the "Zoning Ordinance" of the City of Pleasant Hill, Iowa, and shall be known and may be cited and referred to as such.  The Zoning Ordinance is enacted pursuant to Chapter 414, Code of Iowa.  The Council has deemed it necessary for the purpose of promoting health, safety, morals, or general welfare of the City to enact the Zoning Ordinance.  The Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a Comprehensive Plan.  The regulations are designed to lessen street congestion, to secure safety from fire, panic, and other dangers and to promote health and the general welfare.  These regulations will also serve as a guide to prevent the overcrowding of land and to avoid undue concentrations of population.  The regulations will also further the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.  The Commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

Effective on: 1/1/1901

165.02 JURISDICTION.

These regulations apply to development of any parcel of land located within the corporate limits of the City or outside the corporate limits of the city as provided by law.  No building permit or certificate of occupancy shall be issued for any parcel of land or development after the effective date of this Chapter that is not in conformance with the provisions of the Zoning Ordinance. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the Zoning Ordinance.

Effective on: 1/1/1901

165.03 INTERPRETATION OF STANDARDS.

In their interpretation and application, the provisions of the Zoning Ordinance shall be held to be minimum requirements.  Where the Zoning Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of the Zoning Ordinance shall control.

Effective on: 1/1/1901

165.04 DEFINITIONS.

As used herein, the words "used or occupied" also mean intended, designed or arranged to be used or occupied. The following terms and words are also defined for the purposes of the Zoning Ordinance:

165.05 ESTABLISHMENT OF DISTRICTS.

In order to carry out the purpose and intent of the Zoning Ordinance, the area of the City is hereby divided into twelve (12) zoning district classifications, as follows:

A-1   Agricultural / Open Space Zoning District

R-1   Single Family Detached Residential Zoning District

R-2   Single Family Attached Residential Zoning District

R-3   Multiple-Family Residential Zoning District

R-4   Manufactured Home Park Zoning District

C-1   Neighborhood Commercial Zoning District

C-2   Regional Commercial Zoning District

TC   Town Center Zoning District

CP   Commerce Park Zoning District

I-1   Light Industrial Zoning District

I-2   General Industrial Zoning District

PUD   Planned Unit Development Zoning District

Effective on: 1/1/1901

165.06 MAP BOUNDARIES.

The boundaries of these districts are as indicated upon the Official Zoning Map of the City, which map is made a part of the Zoning Ordinance by reference hereto.  The Official Zoning Map and all the notations, references and other matters shown thereon are as much a part of this Zoning Ordinance as if the notations, references and other matters set forth by said map were all fully described herein.  The Official Zoning Map shall be on file in the office of the Clerk, and shall bear the signature of the Mayor, attested by the Clerk, under the certification that it is the Official Zoning Map.

If in accordance with the provisions of the Zoning Ordinance changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, the ordinance number and date of said change shall be recorded by the Clerk on the Official Zoning Map.  The Council may, from time to time, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map, in the event that the Official Zoning Map becomes damaged or destroyed; or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, any such adoption shall not have the effect of amending the original zoning ordinance or any subsequent amendment thereof.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

  1. Boundaries indicated as approximately following the centerlines of streets, highways, alleys, or other public rights-of-way shall be construed to follow such centerlines.
  2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
  3. Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits.
  4. Boundaries indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines shall be construed as following such lines.
  5. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
  6. Boundaries indicated as approximately following the centerlines of rivers, streams, creeks or other waterways shall be construed to follow such centerlines.
  7. Boundaries not capable of being determined in the previous subsections shall be as dimensioned on the Official Zoning Map or if not dimensioned shall be determined by the scale shown on the map.

(See Editor’s Note at end of this chapter for ordinances amending Zoning Map.)

Effective on: 12/31/2019

165.07 FUTURE ANNEXATION OF TERRITORY.

All territory which may hereafter be annexed to the City shall be considered as lying in the A-1 Agricultural / Open Space Zoning District until such classification shall have been changed by amendment in accordance with the provisions of the Zoning Ordinance.

Effective on: 1/1/1901

165.08 EXCEPTIONS TO ZONING REGULATIONS.

The regulations specified in the Zoning Ordinance are subject to the following exceptions, modifications and interpretations:

  1. Use of Existing Lots of Record.  In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the effective date of the Zoning Ordinance irrespective of its area or width; provided, however:
    1. The sum of the side yard widths of any such lot or plot shall not be more than thirty percent (30%) of the width of the lot, but in no case less than ten percent (10%) of the width of the lot for any one side yard.
    2. The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case less than twenty (20) feet.
  2. Structures Permitted Above the Height Limit.  The building height limitations of the Zoning Ordinance shall be modified as follows:  Chimneys, ornamental towers and spires, radio or television towers, or necessary mechanical appurtenances may be erected to exceed the building height limit for the zoning district in which it is located by no more than 10-feet.
  3. Other Exceptions to Yard Requirements.  Every part of a required yard shall be open to the sky, unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches.
  4. Mixed Yard Requirements.  In instances where buildings are erected containing two or more uses housed vertically, the required side yards for the first-floor use shall control.

Effective on: 1/1/1901

165.09 STREET FRONTAGE REQUIRED.

Except as may permitted elsewhere within the Zoning Ordinance and Subdivision Regulations, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts at least twenty (20) feet on at least one public street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least twenty (20) feet wide to a street; and there shall be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least fifty (50) feet wide shall be provided for two (2) or more such single-family dwellings, or for one or more two-family or multiple dwellings.

Effective on: 1/1/1901

165.12 POSTAGE-STAMP LOT.

Structures built within a postage-stamp lot shall be setback no less five (5) feet from all lot lines, excluding shared walls located along a common lot line, and shall otherwise meet all other building setback requirements for the zoning district in which it is located.  Postage-stamp lots may or may not have public street frontage but shall at a minimum have access to public streets and public utilities via an adjoining outlot.

Effective on: 1/1/1901

165.14 REQUIRED YARD CANNOT BE REDUCED.

No yard or lot existing at the time of passage of the Zoning Ordinance shall be reduced in dimension or area below the minimum required by the Zoning Ordinance.  No part of a yard, open space, off-street parking or loading space provided about any building or structure shall be included as part of a yard, open space, off-street parking or loading space required for another building, structure, or use.

Effective on: 1/1/1901

165.15 ZONING DISTRICTS DIVIDING PROPERTY.

Where one parcel of property is divided into two (2) or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the other in its respective zoning classification and for the purpose of applying the regulations of the Zoning Ordinance, each portion shall be considered as if in separate and different ownership.

Effective on: 1/1/1901

165.16 ACCESSORY STRUCTURES AND BUILDINGS.

  • 1.
    Purpose.  Accessory buildings and structures are enclosed and/or covered or walled structures that are customarily incidental and subordinate to the principal use or structure.  These accessory buildings and structures include: free standing garages for automobiles, trash enclosures, sheds, play structures, gazebos, free-standing patios, pergolas, trellises, underground shelters, and above-ground and in-ground pools and hot-tubs.

    It is the intent of these standards herein this Chapter to establish basic regulations for accessory buildings and structures for agricultural uses, single family dwellings, two-family dwellings, townhouse or row dwellings, and manufactured home parks only.  Accessory buildings and structures for all other uses shall comply with the regulations contained in CHAPTER 167 of the zoning code and all other standards for principal structures. 

  • 2.
    Applicability.  These regulations shall apply to all accessory buildings and structures in all zoning districts.  For the purposes of this Chapter, free-standing signs shall adhere to the regulations contained in CHAPTER 170, Signage.
  • 3.
    Standards
    1. A.
      No accessory structure shall be constructed upon a lot until the construction of the main or principal building has been commenced, and no accessory structure shall be used if the main or principal building has been unused for a period of six (6) months or longer.
    2. B.
      Location and Limits.
      1. 1.
        May only be erected in a rear or side yard and shall not extend past the front of any principal building. 
      2. 2.
        When located upon a corner lot, the front yard regulation shall apply to each street frontage and no accessory structure shall be located within either of these front yards.
      3. 3.
        For single-family and two-family dwellings, when located on a double frontage or through lot, the Zoning Administrator shall determine which street frontage serves as the rear yard, which shall generally be the street frontage adjacent to the street with the higher street hierarchy classification and for which no driveway access is provided.  No accessory structure shall be located closer than ten (10) feet from the street right-of-way line of the street located along the designated rear yard as determined by the Zoning Administrator.
      4. 4.
        Shall be located outside of any easement and shall not be located within any required buffer.
      5. 5.
        The maximum number of accessory structures allowed per lot shall be limited in accordance with Table 1. The maximum number of structures must be in compliance with the cumulative area regulations of this Chapter.
    3. C.
      Setback.
      1. 1.
        Maintain a minimum distance of five (5) feet from any lot lines, alley lines and any adjoining lots, except that when any vehicle entrance to an accessory building faces the alley, said accessory building shall be setback at least twenty (20) feet from the alley line.
      2. 2.
        Must be erected separately from and a minimum of ten (10) feet from the principal building.
      3. 3.
        All setbacks and building separations shall be measured from the closest building wall face.  Horizontal projection including roof-overhangs may extend no more than two (2) feet into any required setback. 
    4. D.
      Exempt Structures. Accessory structures of forty (40) square feet or less, no taller than twelve (12) feet, and of a movable design, plus ground mounted play structures no taller than ten (10) feet with a footprint of no more than 400 square feet, shall be exempt from permit requirements. These structures must conform to all setback requirements. The square footage of these structures shall be included in the maximum cumulative area requirements of this Chapter, and these structures shall count toward the maximum number of accessory structures allowed per lot as outlined in this Chapter.
    5. E.
      Cumulative Area. The cumulative square footage area of all accessory buildings on any lot shall not exceed the following maximum allowances:
      1. 1.
        The allowable square footage in Table 2.
      2. 2.
        Thirty percent (30%) of the total rear yard area.
    6. F.
      Maximum Height. Maximum height shall be in accordance with Table 3.
  • Table 1: Maximum Number of Accessory Structures

    165.16 Maximum Number of Accessory Structures by Zoning District
     Zoning District
    A-1R-1R-2R-31R-4
    Maximum number of accessory structures allowed per lot5353
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Number of Accessory Structures by Zoning District
     Zoning District
    A-1R-1R-2R-31R-4
    Maximum number of accessory structures allowed per lot5353
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Number of Accessory Structures by Zoning District
     Zoning District
    A-1R-1R-2R-31R-4
    Maximum number of accessory structures allowed per lot5353
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Number of Accessory Structures by Zoning District
     Zoning District
    A-1R-1R-2R-31R-4
    Maximum number of accessory structures allowed per lot5353
    1Does not apply to Multiple Family Dwellings

    Table 2: Accessory Building Maximum Cumulative Area

    165.16 Maximum Area (Square Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1,6001,4001,400240 sq. ft. per dwelling unit720
    1 acre to less than 3 acres3,6001,8001,800720
    3 acres to less than 5 acres6,5002,4002,4001,200
    5 acres to less than 10 acres6,5003,6003,6001,200
    Greater than 10 acres9,6003,6003,6001,200
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Area (Square Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1,6001,4001,400240 sq. ft. per dwelling unit720
    1 acre to less than 3 acres3,6001,8001,800720
    3 acres to less than 5 acres6,5002,4002,4001,200
    5 acres to less than 10 acres6,5003,6003,6001,200
    Greater than 10 acres9,6003,6003,6001,200
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Area (Square Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1,6001,4001,400240 sq. ft. per dwelling unit720
    1 acre to less than 3 acres3,6001,8001,800720
    3 acres to less than 5 acres6,5002,4002,4001,200
    5 acres to less than 10 acres6,5003,6003,6001,200
    Greater than 10 acres9,6003,6003,6001,200
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Area (Square Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1,6001,4001,400240 sq. ft. per dwelling unit720
    1 acre to less than 3 acres3,6001,8001,800720
    3 acres to less than 5 acres6,5002,4002,4001,200
    5 acres to less than 10 acres6,5003,6003,6001,200
    Greater than 10 acres9,6003,6003,6001,200
    1Does not apply to Multiple Family Dwellings

    Table 3: Maximum Accessory Building Height

    165.16 Maximum Accessory Structure Height (Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1818181515
    1 acre to less than 3 acres241818
    3 acres to less than 5 acres282020
    5 acres to less than 10 acres322424
    Greater than 10 acres352424
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Accessory Structure Height (Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1818181515
    1 acre to less than 3 acres241818
    3 acres to less than 5 acres282020
    5 acres to less than 10 acres322424
    Greater than 10 acres352424
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Accessory Structure Height (Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1818181515
    1 acre to less than 3 acres241818
    3 acres to less than 5 acres282020
    5 acres to less than 10 acres322424
    Greater than 10 acres352424
    1Does not apply to Multiple Family Dwellings
    165.16 Maximum Accessory Structure Height (Feet) by Zoning District
    Lot SizeZoning District
    A-1R-1R-2R-31R-4
    Less than 1 acre1818181515
    1 acre to less than 3 acres241818
    3 acres to less than 5 acres282020
    5 acres to less than 10 acres322424
    Greater than 10 acres352424
    1Does not apply to Multiple Family Dwellings
    1. G.
      Special Exception. The maximum number of accessory structures, the accessory building maximum cumulative area, and the maximum accessory building height, as outlined in this Chapter may be modified by the Board of Adjustment as a special exception in accordance with the following:
      1. 1.
        Prior to the Board's consideration, they shall cause all property owners within 250 feet of the boundaries thereof to be notified by ordinary mail.
      2. 2.
        The Board of Adjustment shall establish guidelines for applications, and consider all evidence presented to it and factors it deems important in its deliberation, and at a minimum prior to approval, conditional approval, or denial of a special exception, the Board shall find that the applicant has carried the burden of proving the following:
        1. a.
          The need for additional area, height, or number of accessory structures has been demonstrated to the satisfaction of the Board of Adjustment.
        2. b.
          The additional floor area, height, or number of structures will not adversely affect the property value of the subject property or adjoining properties.
        3. c.
          The location of the proposed accessory structure minimizes any adverse effect upon adjacent properties.
      3. 3.
        The Board of Adjustment may not grant a special exception that would allow an accessory structure(s) with an area that would exceed thirty percent (30%) of the total rear yard. Any petition for variance from this limitation must follow normal procedures with the Board of Adjustment, as outlined in this Code of Ordinances.

    (Ord. No. 956, 06/10/2025; Ord. No. 965, 01/13/2026)

    Effective on: 1/13/2026

    165.17 FENCES AND WALLS.

  • 1.
    Residential Districts. Fence placement is allowed subject to the height limitations below.
    1. A.
      Height
      1. 1.
        Front yard:  maximum height of forty-eight (48) inches. All fences and retaining walls within a front yard shall be a minimum of two (2) feet from any property line abutting frontage to a public street. All fences located between the front property line and the front yard building setback shall be designed with a minimum open space of thirty percent (30%). Retaining walls shall be the only type of wall allowed within a residential front yard.
      2. 2.
        Side yard:  maximum height of 6 feet.
      3. 3.
        Street side yard:  maximum height of 6 feet allowed with a minimum 10-foot setback from the property line. A fence not to exceed 48-inches in height may be placed within the setback with a minimum of two (2) feet from any property line abutting frontage to a public street. All fences located between the street side line and the setback shall be designed with a minimum open space of thirty percent (30%).
        (Ord. No. 945, 06/24/2024; Ord. No. 956, 06/10/2025)
      4. 4.
        Rear Yard: maximum height of 6 feet
    2. B.
      Through and Double Frontage Lots. On through lots or double frontage lots, a privacy type fence not exceeding six (6) feet in height may be place within the designated rear yard, as determined by the Zoning Administrator, provided it is a minimum of ten (10) feet from the street right-of-way line.
  • 2.
    Commercial Districts. Fence placement is allowed subject to the height limitations below.  
    1. A.
      Front yard:  Not allowed.  May be permitted by special exception of the Board of Adjustment.  
    2. B.
      Side yard:  maximum height of 6 feet. 
    3. C.
      Street side yard:  maximum height of 6 feet allowed with a minimum 10-foot setback from the property line.  A fence not to exceed 48-inches in height may be placed within the setback with a minimum of two (2) feet from any property line abutting frontage to a public street.  All fences located between the street side line and the setback shall be designed with a minimum open space of thirty percent (30%). 
    4. D.
      Rear Yard: maximum height of 6 feet
  • 3.
    Industrial Districts. Fence placement is allowed subject to the height limitations below:
    1. A.
      Front yard:  Not allowed.  May be permitted by special exception of the Board of Adjustment.  
    2. B.
      Side yard:  maximum height of 8 feet.
    3. C.
      Street side yard:  maximum height of 6 feet allowed with a minimum 10-foot setback from the property line.  A fence not to exceed 48-inches in height may be placed within the setback with a minimum of two (2) feet from any property line abutting frontage to a public street. 
      (Ord. No. 945, 06/24/2024; Ord. No. 956, 06/10/2025)
    4. D.
      Rear Yard: maximum height of 8 feet
    5. E.
      Fences exceeding 8 feet in height may be permitted by special exception of the Board of Adjustment.
  • 4.
    Decorative Features. In all districts, decorative features such as individual posts, brick or stone columns, and similar features constructed as part of a fence or wall shall be allowed to exceed the maximum fence height by no more than twelve (12) inches.
  • 5.
    Swimming Pool Enclosures. Barriers constructed for the purpose of enclosing a swimming pool, shall also be subject to the requirements of CHAPTER 152 of this Code of Ordinances.
  • 6.
    Fence Frames. The frame of a fence, including posts, rails, and supports shall be placed on the inside of the fence and facing towards the property on which the fence is erected.
    1. 7.
      Retaining Walls.
      1. A.
        Retaining walls shall be set back from the property line one foot (1') for every one foot (1') of height.
      2. B.
        Retaining walls shall be designed and constructed in accordance with the adopted International Residential and Building Codes and applicable Statewide Urban Design and Specifications (SUDAS) standards. No single wall face shall be greater than six feet (6’) in height without terraces to break up the wall expanse. A minimum one foot (1’) of terrace shall be used for each two feet (2’) of wall height. Each terrace shall contain vegetation. The design specifications, elevations, and site plan showing the exact location of the wall shall be provided along with the required building permit application to the Zoning Administrator.
        (Ord. No. 945, 06/24/2024; Ord. No. 956, 06/10/2025)
    1. 8.
      Vision Clearance. On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between the height of two and one-half (2½) feet and ten (10) feet above the centerline grades of the area described as follows:

      That area bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines twenty-five (25) feet from the point of intersection of said right-of-way lines (see Figure 1).

    165.17 Figure 1: Vision Clearance Area

     

    1. 9.
      Materials and Maintenance.
      1. A.
        Allowed Materials.
        1. 1.
          Fences are to be constructed of customarily used materials such as chain link, wrought iron, aluminum, wood, polyvinyl chloride (PVC), and other similar materials, unless specified otherwise herein. Wood fences should be constructed of treated lumber, cedar, redwood, or similar types of wood that are resistant to decay.
        2. 2.
          The use of materials such as corrugated or sheet metal, chicken wire, woven wire, temporary construction fencing, snow fencing, or similar materials shall not be permitted for permanent fencing. A fence shall not be constructed or covered with: paper sheets or strips; cloth or fabric tarps, sheets, or strips; plastic or vinyl tarps, sheets, mesh, or strips; metal siding or panels not originally designed or intended as fencing material; bamboo; reed; or plywood sheeting. Chain-link or woven wire type fences shall not include plastic or wood slats or strips, bamboo, or reed.  All fences must be of an earth tone, neutral, or natural color such as white, black, gray (silver), tan, brown, green. Bright or fluorescent colors are not permitted. Pictures, images, lettering, logos, graphics, or artwork are not permitted on fences.
        3. 3.
          An exception may be approved by the Zoning Administrator for sun and/or wind screen material applied to fences directly associated with a sports or recreation facility such as tennis court fences, baseball field fences, or basketball courts, subject to the provisions of subsection 12-C of this section. An exception also may be approved by the Zoning Administrator for mesh screen material associated with a commercial or industrial site.
        4. 4.
          Walls and Retaining Walls.  Walls and retaining walls are to be constructed of brick, stone, textured concrete, precast concrete, tile block, etc., and shall not be painted.  Pictures, images, lettering, logos, graphics, or artwork are not permitted on walls unless part of an approved and permitted sign in accordance with the City’s Sign Regulations.
      2. B.
        Prohibited Materials. A fence or wall may not be designed to cause pain or injury to humans or animals. Therefore, the use of spikes, broken glass, barbed wire, razor wire, nails, electrical charge or other similar materials shall be prohibited.
      3. C.
        Construction and Maintenance. All fences shall be constructed in a sound and sturdy manner and shall be maintained in a good state of repair, including the replacement of defective parts, painting, and other acts required for maintenance. The Zoning Administrator after ten (10) days' notice to the owner of the fence, may order the removal of any fence that is not maintained in accordance with the provisions of this Code, and the cost assessed against the property where said fence is located. An extension of time may be granted, upon filing a verified statement that the delay is not a result of any act of the owner.
    1. 10.
      Screening and Buffer Walls. In any zoning district where a fence or wall is required by the zoning or subdivision regulations or any other provisions of this Code of Ordinances, to serve as a screening wall, buffer wall or other separating or protective wall, the restrictions of this section shall yield to the requirements of such other specific provision.
    2. 11.
      Measuring Fence or Wall Height.  The height of a fence or wall shall be determined by a measurement from the ground beneath the fence or wall as follows:
      1. A.
        In a yard abutting a street, the total effective fence or wall height above the finished grade shall be measured on the side nearest the street. Notwithstanding, if a property or premises is lower than an adjacent street, then the height of the fence or wall shall be determined by a measurement from the street grade at a ninety degree (90°) angle from the fence or wall; provided the total vertical measurement from the ground beneath the fence or wall to the top of the fence or wall shall not exceed eight feet (8') (see Figure 2).
    165.17 Figure 2: Below Street-Grade Fence
    1.  
      1.  B .
        In any other required yard, the total effective fence or wall height above the finished grade shall be measured on the side nearest the adjacent property.
      2.  C .
        On a property line, the fence or wall height shall be measured from the finished grade of the side of the adjacent property.
      3.  D .
        Swales and other earth depressions up to six feet (6') wide shall not be used when measuring the fence or wall height.
      4.  E .
        Manmade earth berms, terraces, and retaining walls that elevate the fence or wall shall be considered a part of the fence or wall, except in the case of a fence or wall constructed within an industrial zoning district or as otherwise may be required by the City for the purposes of screening.
    2. 12.
      Overland Flowage Easements.
      1.  A .
        Fences may encroach into an overland flowage easement providing measures are taken to make certain that the fence does not cause siltation buildup or restrict the water flow.
      2.  B .
        Permitted fence material includes chain link, wrought iron fencing, picket style fencing that is at least thirty percent (30%) open, or other fencing styles that are at least thirty percent (30%) open.
      3.  C .

        All fencing shall be elevated a minimum of three (3) inches through the swale part of the easement to allow water flowage.

    3. 13.

      Exceptions to Fence Requirements.

      1. A.
        Agricultural Purposes.
        1. 1.
          In agriculture districts, barbed wire and woven wire fencing may be allowed, subject to a minimum setback of ten (10) feet, provided it is used to contain livestock or to protect crops and plantings.
        2. 2.
          In agriculture districts, an electrified fence may be allowed subject to a minimum setback of ten (10) feet for the purpose of containing livestock.
      2. B.
        Industrial Districts. In industrial districts, fences topped with barbed wire may be allowed by special exception of the Board of Adjustment, provided the barbed wire is not less than six (6) feet above the ground.
      3. C.
        Recreational Purposes. Fences associated with the uses of a sports or recreational facility or other similar area, shall not be subject to the height restrictions specified elsewhere in this section, provided that such fence is constructed to maintain a consistency of at least seventy five percent (75%) open space for the full length of the fence and does not impede the required vision clearance. Any such fence is subject to design review and approval of the Zoning Administrator.
      4. D.
        Temporary Fences. Temporary or seasonal fences, e.g. snow fence, garden fence, are exempt from permitting requirements providing they are not more than four (4) feet in height. Snow fence shall be allowed to be placed from the first day of November through the first day of April of the following year. Snow fence shall not be allowed at any other time of the year, unless it is being placed as safety or construction fencing in accordance with the temporary construction fence requirements of this Chapter.
      5. E.
        Temporary Construction Fence.  Temporary construction fences, barricades, railings, or other similar fences installed to provide temporary site security and/or safety in conjunction with construction work may be allowed in any district during periods of construction. Any such temporary fences shall be removed upon completion of the construction work.
      6. F.
        Existing Fence.  Repair of existing, legal but nonconforming fences shall not be subject to the setback or height regulations, if the repair or replacement coincides with the location and height of the existing fence. Complete replacement of an existing fence requires compliance with the terms of this Chapter. Complete replacement shall be defined as the removal or replacement of forty (40) percent or more of the existing fence.

       

     

    EDITOR’S NOTE

    The following ordinances have been adopted amending the Official Zoning Map described in Section 165.05 of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.

    ORDINANCE NO.DATE ADOPTEDDESCRIPTION
    4484-11-95Official Zoning Map
    4513-28-95Rezone Property
    4523-28-95Rezone Property
    4565-16-95Rezone Property
    4576-13-95Rezone Property
    4658-22-95Amends Ordinance 452 Stipulations
    4735-28-96Rezone Property
    4758-13-96Rezone Property
    4791-28-97Rezone Property
    4812-25-97Rezone Property
    4847-8-97Rezone Property
    49111-25-97Rezone Property
    49211-25-97Rezone Property
    4942-24-98Rezone Property
    50310-27-98Rezone Property
    5041-12-99Rezone Property
    5051-12-99Rezone Property
    5061-12-99Rezone Property
    5071-12-99Rezone Property
    5081-12-99Rezone Property
    5102-23-99Rezone Property
    5167-26-99Rezone Property
    5271-11-00Rezone Property
    5291-25-00Rezone Property
    5355-23-00Rezone Property
    5473-13-01Rezone Property
    58110-8-02Rezone Property
    5832-11-03Rezone Property
    5894-22-03Rezone Property
    5992-10-04Rezone Property
    6024-13-04Rezone Property
    6034-13-04Rezone Property
    6044-13-04Rezone Property
    6054-13-04Rezone Property
    6062-8-05Rezone Property
    64510-25-05Rezone Property
    64711-22-05Rezone Property
    6534-25-06Rezone Property
    6586-13-06Rezone Property
    6595-23-06Rezone Property
    6657-25-07Rezone Property
    6813-13-07Rezone Property
    6855-22-07Rezone Property
    6875-22-07Rezone Property
    7009-11-07Rezone Property
    70211-27-07Rezone Property
    7157-8-08Rezone Property
    7278-25-09Rezone Property
    7445-24-11New Official Zoning Map
    7477-12-11Rezone Property
    75112-13-11Rezone Property
    7549-11-12Rezone Property
    75811-27-12Rezone Property
    75911-27-12Rezone Property
    7616-25-13New Official Zoning Map
    7859-9-14Rezone Property
    7947-14-15Rezone Property
    7957-14-15Rezone Property
    79810-13-15Rezone Property
    79910-13-15Rezone Property
    8067-26-16Rezone Property
    8079-27-16Rezone Property
    80910-25-16Rezone Property
    8152-28-17Rezone Property
    8162-28-17Rezone Property
    8172-28-17Rezone Property
    8182-28-17Rezone Property
    8245-23-17Rezone Property
    8255-9-17Rezone Property
    83411-28-17Rezone Property
    84311-13-18Rezone Property
    8513-26-19Rezone Property
    8617-9-19New Official Zoning Map
    8875-26-20Rezone Property
    8885-26-20Rezone Property
    8895-26-20Rezone Property
    91812-13-22Annexation and Rezone Property
    9328-22-23Rezone Property
    9382-27-23Rezone Property
    9467-23-24Rezone Property
    ORDINANCE NO.DATE ADOPTEDDESCRIPTION
    4484-11-95Official Zoning Map
    4513-28-95Rezone Property
    4523-28-95Rezone Property
    4565-16-95Rezone Property
    4576-13-95Rezone Property
    4658-22-95Amends Ordinance 452 Stipulations
    4735-28-96Rezone Property
    4758-13-96Rezone Property
    4791-28-97Rezone Property
    4812-25-97Rezone Property
    4847-8-97Rezone Property
    49111-25-97Rezone Property
    49211-25-97Rezone Property
    4942-24-98Rezone Property
    50310-27-98Rezone Property
    5041-12-99Rezone Property
    5051-12-99Rezone Property
    5061-12-99Rezone Property
    5071-12-99Rezone Property
    5081-12-99Rezone Property
    5102-23-99Rezone Property
    5167-26-99Rezone Property
    5271-11-00Rezone Property
    5291-25-00Rezone Property
    5355-23-00Rezone Property
    5473-13-01Rezone Property
    58110-8-02Rezone Property
    5832-11-03Rezone Property
    5894-22-03Rezone Property
    5992-10-04Rezone Property
    6024-13-04Rezone Property
    6034-13-04Rezone Property
    6044-13-04Rezone Property
    6054-13-04Rezone Property
    6062-8-05Rezone Property
    64510-25-05Rezone Property
    64711-22-05Rezone Property
    6534-25-06Rezone Property
    6586-13-06Rezone Property
    6595-23-06Rezone Property
    6657-25-07Rezone Property
    6813-13-07Rezone Property
    6855-22-07Rezone Property
    6875-22-07Rezone Property
    7009-11-07Rezone Property
    70211-27-07Rezone Property
    7157-8-08Rezone Property
    7278-25-09Rezone Property
    7445-24-11New Official Zoning Map
    7477-12-11Rezone Property
    75112-13-11Rezone Property
    7549-11-12Rezone Property
    75811-27-12Rezone Property
    75911-27-12Rezone Property
    7616-25-13New Official Zoning Map
    7859-9-14Rezone Property
    7947-14-15Rezone Property
    7957-14-15Rezone Property
    79810-13-15Rezone Property
    79910-13-15Rezone Property
    8067-26-16Rezone Property
    8079-27-16Rezone Property
    80910-25-16Rezone Property
    8152-28-17Rezone Property
    8162-28-17Rezone Property
    8172-28-17Rezone Property
    8182-28-17Rezone Property
    8245-23-17Rezone Property
    8255-9-17Rezone Property
    83411-28-17Rezone Property
    84311-13-18Rezone Property
    8513-26-19Rezone Property
    8617-9-19New Official Zoning Map
    8875-26-20Rezone Property
    8885-26-20Rezone Property
    8895-26-20Rezone Property
    91812-13-22Annexation and Rezone Property
    9328-22-23Rezone Property
    9382-27-23Rezone Property
    9467-23-24Rezone Property
    ORDINANCE NO.DATE ADOPTEDDESCRIPTION
    4484-11-95Official Zoning Map
    4513-28-95Rezone Property
    4523-28-95Rezone Property
    4565-16-95Rezone Property
    4576-13-95Rezone Property
    4658-22-95Amends Ordinance 452 Stipulations
    4735-28-96Rezone Property
    4758-13-96Rezone Property
    4791-28-97Rezone Property
    4812-25-97Rezone Property
    4847-8-97Rezone Property
    49111-25-97Rezone Property
    49211-25-97Rezone Property
    4942-24-98Rezone Property
    50310-27-98Rezone Property
    5041-12-99Rezone Property
    5051-12-99Rezone Property
    5061-12-99Rezone Property
    5071-12-99Rezone Property
    5081-12-99Rezone Property
    5102-23-99Rezone Property
    5167-26-99Rezone Property
    5271-11-00Rezone Property
    5291-25-00Rezone Property
    5355-23-00Rezone Property
    5473-13-01Rezone Property
    58110-8-02Rezone Property
    5832-11-03Rezone Property
    5894-22-03Rezone Property
    5992-10-04Rezone Property
    6024-13-04Rezone Property
    6034-13-04Rezone Property
    6044-13-04Rezone Property
    6054-13-04Rezone Property
    6062-8-05Rezone Property
    64510-25-05Rezone Property
    64711-22-05Rezone Property
    6534-25-06Rezone Property
    6586-13-06Rezone Property
    6595-23-06Rezone Property
    6657-25-07Rezone Property
    6813-13-07Rezone Property
    6855-22-07Rezone Property
    6875-22-07Rezone Property
    7009-11-07Rezone Property
    70211-27-07Rezone Property
    7157-8-08Rezone Property
    7278-25-09Rezone Property
    7445-24-11New Official Zoning Map
    7477-12-11Rezone Property
    75112-13-11Rezone Property
    7549-11-12Rezone Property
    75811-27-12Rezone Property
    75911-27-12Rezone Property
    7616-25-13New Official Zoning Map
    7859-9-14Rezone Property
    7947-14-15Rezone Property
    7957-14-15Rezone Property
    79810-13-15Rezone Property
    79910-13-15Rezone Property
    8067-26-16Rezone Property
    8079-27-16Rezone Property
    80910-25-16Rezone Property
    8152-28-17Rezone Property
    8162-28-17Rezone Property
    8172-28-17Rezone Property
    8182-28-17Rezone Property
    8245-23-17Rezone Property
    8255-9-17Rezone Property
    83411-28-17Rezone Property
    84311-13-18Rezone Property
    8513-26-19Rezone Property
    8617-9-19New Official Zoning Map
    8875-26-20Rezone Property
    8885-26-20Rezone Property
    8895-26-20Rezone Property
    91812-13-22Annexation and Rezone Property
    9328-22-23Rezone Property
    9382-27-23Rezone Property
    9467-23-24Rezone Property
    ORDINANCE NO.DATE ADOPTEDDESCRIPTION
    4484-11-95Official Zoning Map
    4513-28-95Rezone Property
    4523-28-95Rezone Property
    4565-16-95Rezone Property
    4576-13-95Rezone Property
    4658-22-95Amends Ordinance 452 Stipulations
    4735-28-96Rezone Property
    4758-13-96Rezone Property
    4791-28-97Rezone Property
    4812-25-97Rezone Property
    4847-8-97Rezone Property
    49111-25-97Rezone Property
    49211-25-97Rezone Property
    4942-24-98Rezone Property
    50310-27-98Rezone Property
    5041-12-99Rezone Property
    5051-12-99Rezone Property
    5061-12-99Rezone Property
    5071-12-99Rezone Property
    5081-12-99Rezone Property
    5102-23-99Rezone Property
    5167-26-99Rezone Property
    5271-11-00Rezone Property
    5291-25-00Rezone Property
    5355-23-00Rezone Property
    5473-13-01Rezone Property
    58110-8-02Rezone Property
    5832-11-03Rezone Property
    5894-22-03Rezone Property
    5992-10-04Rezone Property
    6024-13-04Rezone Property
    6034-13-04Rezone Property
    6044-13-04Rezone Property
    6054-13-04Rezone Property
    6062-8-05Rezone Property
    64510-25-05Rezone Property
    64711-22-05Rezone Property
    6534-25-06Rezone Property
    6586-13-06Rezone Property
    6595-23-06Rezone Property
    6657-25-07Rezone Property
    6813-13-07Rezone Property
    6855-22-07Rezone Property
    6875-22-07Rezone Property
    7009-11-07Rezone Property
    70211-27-07Rezone Property
    7157-8-08Rezone Property
    7278-25-09Rezone Property
    7445-24-11New Official Zoning Map
    7477-12-11Rezone Property
    75112-13-11Rezone Property
    7549-11-12Rezone Property
    75811-27-12Rezone Property
    75911-27-12Rezone Property
    7616-25-13New Official Zoning Map
    7859-9-14Rezone Property
    7947-14-15Rezone Property
    7957-14-15Rezone Property
    79810-13-15Rezone Property
    79910-13-15Rezone Property
    8067-26-16Rezone Property
    8079-27-16Rezone Property
    80910-25-16Rezone Property
    8152-28-17Rezone Property
    8162-28-17Rezone Property
    8172-28-17Rezone Property
    8182-28-17Rezone Property
    8245-23-17Rezone Property
    8255-9-17Rezone Property
    83411-28-17Rezone Property
    84311-13-18Rezone Property
    8513-26-19Rezone Property
    8617-9-19New Official Zoning Map
    8875-26-20Rezone Property
    8885-26-20Rezone Property
    8895-26-20Rezone Property
    91812-13-22Annexation and Rezone Property
    9328-22-23Rezone Property
    9382-27-23Rezone Property
    9467-23-24Rezone Property

    Effective on: 6/13/2025

    Accessory use or structure

    Accessory use or structure A use or structure on the same lot with the principal use or structure and serving a purpose customarily incidental and subordinate to the principal use or structure. An accessory use shall not encompass more floor area or use a greater part of the lot than the principal permitted use or as further limited within this Zoning Ordinance. A prohibited principal use is also a prohibited accessory use in the same district.

    Effective on: 1/1/1901

    Addition

    Addition An extension or increase in floor area or height of a building or structure.

    Effective on: 1/1/1901

    Adult

    Adult A person who has attained the age of eighteen (18) years.

    Effective on: 1/1/1901

    Adult entertainment business

    Adult entertainment business Any one of or any combination of the following, which are customarily not open to persons who have not attained the age of eighteen (18) years.

    After Hours Business

    After Hours Business Any business open during any time between the hours of two o'clock (2:00) A.M. to six o'clock (6:00) A.M. any day of the week and where patrons are allowed to bring their own beer and wine onto the business premises.

    Effective on: 1/1/1901

    Agriculture

    Agriculture The use of land for agricultural purposes, including those forms of row-crop farming, horticulture, floriculture, forestry, groves, orchards, and viticulture and limited animal husbandry, apiculture, dairying, poultry husbandry, ranching as specified herein appropriate for operation in an urban and urbanizing area, and also those necessary accessory uses for packing, treating or storing the produce. The operation of the accessory uses shall be subordinate to that of the normal agricultural activities.  This definition does not include any animal feeding operations, confined animal feeding operations, open feedlots, and similar operations containing 12 or more animals.  Furthermore, this definition does not include any processing of animal products.

    Effective on: 1/1/1901

    Air-activated graphics

    Air-activated graphics means a sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion.

    Effective on: 1/1/1901

    Amusement arcade

    Amusement arcade A building or part of building in which five or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

    Effective on: 1/1/1901

    Animal shelter

    Animal shelter A facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity, including (but not limited to) a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

    Effective on: 1/1/1901

    Antenna

    Antenna Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building. (Also see "satellite dish antenna" and "communications tower.")

    Effective on: 1/1/1901

    Apartment house or building

    Apartment house or building Any building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the building. Said buildings have dwelling units that are both vertically and horizontally attached to one another. (See "Dwelling, multiple-family.")

    Effective on: 1/1/1901

    Assisted living residential facility

    Assisted living residential facility A building consisting of individual dwelling units where meals and assistance for daily living activities are provided to the residents, who are primarily elderly persons.  Such facility must be licensed as a Residential Care Facility, Intermediate Care Facility or Skilled Nursing Facility under Chapter 135C, Code of Iowa.

    Effective on: 1/1/1901

    Automobile sales and storage lot

    Automobile sales and storage lot An open, off-street area where 100 or more new and used operable motor vehicles are stored or offered or displayed for sale or advertising purposes.  No motor vehicle may be sold or stored in any location other than an automobile sales and storage lot.

    Effective on: 1/1/1901

    Automobile service center

    Automobile service center Any building or premises where at least fifty percent (50%) of the business is derived from retail sales of auto parts and accessories. Major work, including (but not limited to) engine and transmission overhauls and/or changes, shall not be permitted.

    Effective on: 1/1/1901

    Bar

    Bar Any establishment devoted primarily to the selling, serving or dispensing and drinking of malt, vinous, or other alcoholic beverage by 50% or more of total gross sales, and where such beverages are consumed on the premises. (This definition includes and may also be referred to as a "Cocktail Lounge," "Tavern," or "Saloon.")

    Effective on: 1/1/1901

    Basement

    Basement The lower part of a building having more than one-half (½) of its height between its floor and the floor of the story above it below the adjacent ground elevation.

    Effective on: 1/1/1901

    Bed and Breakfast Inn

    Bed and Breakfast Inn  An owner-occupied dwelling unit that contains no more than five (5) guest rooms where lodging, with or without meals, is provided for compensation.  This definition includes any rooms leased or rented through an online market place such as Airbnb. 

    Effective on: 1/1/1901

    Billboard

    Billboard All structures, regardless of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs (whether the structure be placed on the wall or painted on the wall itself), pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located.

    Effective on: 1/1/1901

    Boarding house or rooming house

    Boarding house or rooming house A building other than a hotel or motel where, for compensation, meals, or lodging and meals, are provided for three (3) or more persons.

    Effective on: 1/1/1901

    Body Piercing Studio

    Body Piercing Studio  Any establishment or business wherein body piercing is practiced. Specifically excluded from this definition are retail jewelry businesses offering ear piercing as a complimentary service. (See "Tattoo Studio.")

    Effective on: 1/1/1901

    Buffer

    Buffer A landscaped area, wall, or other structure intended to separate or partially obstruct the view between two adjacent zoning districts, land uses or properties from one another. (Also see "screening.")

    Effective on: 1/1/1901

    Building

    Building Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards.

    Effective on: 1/1/1901

    Building, height of

    Building, height of The vertical distance from the average natural grade at the building line, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the highest gable of a pitch or hip roof.

    Effective on: 1/1/1901

    Building line

    Building line The line parallel to the front lot line over which no portion of any building, except an overhang or chimney, may extend and which is a distance from the front lot line equal to the depth of the front yard required for the district in which such lot is located.

    Effective on: 1/1/1901

    Capital improvement

    Capital improvement includes parks planning, land acquisition, site improvements, buildings, and equipment but excludes maintenance and operation.

    Effective on: 1/1/1901

    Car wash

    Car wash An area of land and/or a structure with machine or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

    Effective on: 1/1/1901

    Carport

    Carport A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides. For the purpose of the Zoning Ordinance, a carport attached to a principal building is considered as part of the principal building and subject to all yard requirements herein.

    Effective on: 1/1/1901

    Child

    Child A person under 18-years of age.

    Effective on: 1/1/1901

    Child Care Center

    Child Care Center A facility providing child day care for seven or more children at one time, except when the facility is registered as a group care facility or when officially registered by the State of Iowa as a Child Development Home. (See Chapter 237A.1 of the State Code of Iowa.)

    Effective on: 1/1/1901

    Child Day Care

    Child Day Care (See Chapter 237A of the State Code of Iowa) The care, supervision, or guidance of a child by a person other than the parent, guardian, relative, or custodian for periods of two hours or more, and less than twenty-four hours per day per child, on a regular basis, in a place other than the child's home, but does not have:

    1. 1.
      An institutional program administered by a public or non-public school system approved by the Iowa State Department of Public Instruction or the Iowa State Board of Regents.
    2. 2.
      A religious-related instructional program of not more than one day per week.
    3. 3.
      Short-term classes held between school terms.
    4. 4.
      A program administered by a political subdivision of the State which is primarily for recreational or social purposes and is limited to children who are five years of age or older and attending school.

    Effective on: 1/1/1901

    Child Care Home

    Child Care Home A private residence where child care is provided to five (5) or fewer children at any one time and that is not registered with the State of Iowa. (See Chapter 237A.3 of the State Code of Iowa.)

    Effective on: 1/1/1901

    Child Development Home

    Child Development Home A private residence, officially registered by the State of Iowa as a "Child Development Home," to provide child day care to six or more children at any one time following the categories and regulations as defined by the Iowa Department of Human Services (DHS) on July 1, 2017.  (See Chapter 237A.3A of the State Code of Iowa.)

    Effective on: 1/1/1901

    Church or place of religious worship

    Church or place of religious worship An institution that people regularly attend to participate in or hold religious services, meetings, and other typical ancillary activities. The term "church" does not carry a secular connotation and includes buildings in which the religious services of any denomination are held. This does not include a dwelling.

    Effective on: 1/1/1901

    Clinic, medical or dental

    Clinic, medical or dental A building or buildings in which physicians, dentists, and allied professional assistants are associated for the purpose of carrying on their professions.

    Effective on: 1/1/1901

    Club

    Club An organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, fitness, or the like but not operated for profit, excluding churches, or other houses of worship.

    Effective on: 1/1/1901

    Comprehensive Plan

    Comprehensive Plan The Comprehensive Plan for the City of Pleasant Hill, which sets forth the City’s long-range plans for land use, transportation, municipal utilities, City expansion, management and development policies to guide the City’s growth and from which the City’s zoning regulations shall be based.

    Effective on: 1/1/1901

    Communications tower

    Communications tower A structure that is intended for transmitting or receiving television, radio, short-wave, citizens band or telephone communications. (See CHAPTER 161 for definitions related to Communication Towers and Equipment.)

    Effective on: 1/1/1901

    Condominium

    Condominium An estate in real property as regulated by Chapter 499B of the Code of Iowa consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

    Effective on: 1/1/1901

    Condo-Conversion (Condominium Conversion)

    Condo-Conversion (Condominium Conversion) The filing of a condominium regime, per the Code of Iowa, for an existing real estate property, such as the conversion of an apartment building into condominiums. 

    Effective on: 1/1/1901

    Convenience store

    Convenience store Any retail establishment, generally less than 10,000 square feet in size, offering for sale food products, household items and other goods commonly found in grocery stores and may include automotive and truck fuel sales. Any such business with 50% or more of its gross sales in alcohol and/or tobacco shall be considered a liquor store or a tobacco store.

    Effective on: 1/1/1901

    Cul-de-sac

    Cul-de-sac A local street, one end of which is closed and consists of a circular turnaround.

    Effective on: 1/1/1901

    Delayed Deposit Services Business

    Delayed Deposit Services Business A person or individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity who for a fee does either of the following:

    1. 1.
      Accepts a check, draft, share draft, or other instrument for the payment of money dated after the date it was written.
    2. 2.
      Accepts a check, draft, share draft, or other instrument for the payment of money dated on the date it was written and holds it for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, draft, or other instrument whether express or implied.

    The above are typically referred to as "Check Cashing," "Payday Lending," or "Car Title Loan" establishments. 

    Effective on: 1/1/1901

    Density, gross

    Density, gross: The number of dwelling units permitted per acre of gross land within a defined area including public streets and open spaces.

    Effective on: 1/1/1901

    Density, net

    Density, net: The number of dwelling units per net acre of land being developed not including public streets and open spaces.

    Effective on: 1/1/1901

    Department store

    Department store: Any store, whether independently operated or part of a larger entity, which markets consumer goods to the general public and occupies a space of 10,000 square feet or more.

    Effective on: 1/1/1901

    Developer

    Developer means any person, individual, firm, partnership, association, corporation, estate, trust or other entity acting or proposing to subdivide land for the construction of any of the residential buildings identified in Section 172.05.

    Effective on: 1/1/1901

    Development order

    Development order means a regulatory approval by the City.

    Effective on: 1/1/1901

    Display lot

    Display lot: The lot area that is for display of sellable durables that are the primary durables of the business.

    Effective on: 1/1/1901

    Dock

    Dock: any elevated protrusion intended or used for purposes of loading and unloading goods, merchandise, cargo, or other tangible goods.

    Effective on: 1/1/1901

    Drive-in or Drive-thru Facility

    Drive-in or Drive-thru Facility: An establishment that provides or dispenses products or services, through an attendant or an automated machine, to persons remaining in their vehicle that are in designated drive-thru vehicle stacking lanes. A drive-thru facility may be in combination with other uses, such as financial institutions, restaurants, pharmacies, and service providers such as dry cleaners. For the purposes of the Zoning Regulations, automotive and truck washes and automotive and truck fuel sales facilities will not be categorized as drive-thru facilities.

    Effective on: 1/1/1901

    Driveway

    Driveway: A privately owned roadway giving access from a public street to a building lot or abutting property.

    Effective on: 1/1/1901

    Dwelling

    Dwelling: Any building or portion thereof which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home, and designed to be placed on, supported by and attached to a continuous perimeter foundation, which is permanent and constructed in accordance with the Pleasant Hill Building Code for site-built housing.

    Effective on: 1/1/1901

    Dwelling, accessory

    Dwelling, accessory: A second dwelling that is located within the lot or building envelope of a single-family dwelling, detached or attached, including a duplex or townhome dwelling. This second dwelling contains its own living, cooking, and housekeeping facilities, may or may not have its own entrance, and is contained within, attached to, or built separate from the principal building.  Examples include: a dwelling over an attached or detached garage, a house built on a separate foundation in the backyard, a dwelling within the basement of the principal building, or a dwelling attached to the principal building.

    Effective on: 1/1/1901

    Dwelling, multiple-family

    Dwelling, multiple-family: A building with three (3) or more dwelling units designed for or occupied by three or more families with separate cooking and housekeeping facilities for each, where either the units share a common entrance from the exterior of the building or any single unit has common walls or floors with more than two units. Said buildings have dwellings units that are both vertically and horizontally attached to one another. (See "Apartment house or building.")

    Effective on: 1/1/1901

    Dwelling, row

    Dwelling, row: Three (3) or more horizontally attached dwelling units in a continuous row. (See "Dwelling, townhouse.")

    Effective on: 1/1/1901

    Dwelling, single-family

    Dwelling, single-family: A detached residence designed for or occupied by one family only, with the minimum width of twenty (20) feet or more than 65% of the length of the building exclusive of garages.

    Effective on: 1/1/1901

    Dwelling, single-family attached

    Dwelling, single-family attached includes a two family dwelling, townhomes and condominiums.

    Effective on: 1/1/1901

    Dwelling, single-family, semi-detached

    Dwelling, single-family, semi-detached: A dwelling designed for or occupied by one family only which is erected on a separate lot and is joined to another such residence on one side only by a wall located on the lot line and which has yards on the remaining sides (commonly referred to as a duplex).

    Effective on: 1/1/1901

    Dwelling, Townhouse

    Dwelling, Townhouse: A dwelling unit attached horizontally to 2 or more other dwelling units by party walls, but no single unit shares party walls with more than two other units, and where each unit maintains an individual entrance from the exterior of the building. (See "Dwelling, row.")

    Effective on: 1/1/1901

    Dwelling, two-family

    Dwelling, two-family: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each, with a minimum width of twenty (20) feet or more than 65% of the length of the building, exclusive of garages.

    Effective on: 1/1/1901

    Dwelling unit

    Dwelling unit: A room or group of rooms which are arranged, designed, or used as a dwelling for the occupancy of one family, containing sleeping, bathroom, and kitchen facilities.

    Effective on: 1/1/1901

    Easement

    Easement: A granted right by a land owner to a person, government agency, or public utility company to use land owned by another for a specific purpose.

    Effective on: 1/1/1901

    Elder group home

    Elder group home: A single-family residence that is a residence of a person who is providing room, board and personal care to three through five persons 60 years of age or older who are not related to the person providing the service within the third degree of consanguinity or affinity and which is certified by the State Department of Elder Affairs as an elder group home in accordance with 231B.2 of the Code of Iowa.  In accordance with the Code of Iowa, elder group homes owned and operated by public or private agencies shall be dispersed throughout the residential zones and districts and shall not be located within contiguous city block areas.  (See "Family home.")

    Effective on: 1/1/1901

    Electronic message center

    Electronic message center means a sign that is electronically or electrically controlled that displays a message center or reader board composed of a series of lights that may be changed through electronic means including LED or LCD displays.

    Effective on: 1/1/1901

    Factory-built home

    Factory-built home: Any structure, designed for residential use, which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of the Zoning Ordinance, factory-built homes include manufactured homes and modular homes.

    Effective on: 1/1/1901

    Family

    Family: One (1) or more individuals occupying a dwelling unit and living together as a single, nonprofit housekeeping unit, and sharing common living, sleeping, cooking, and eating facilities. The definition of Family does not include any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization; any group of individuals whose association is temporary or seasonal in nature; and, any group of individuals who are in a group living arrangement because of criminal offenses. The definition of Family may include licensed group care facilities or family homes as may be otherwise permitted.

    Effective on: 1/1/1901

    Family home

    Family home: A community-based residential home which is licensed as a residential care facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter 237 of the Code of Iowa, to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury and any necessary support personnel. However, family home does not mean an individual foster care family home licensed under Chapter 237.  In accordance with the Code of Iowa, family homes owned and operated by public or private agencies shall be dispersed throughout the residential zones and districts and shall not be located within contiguous city block areas.

    Effective on: 1/1/1901

    Flag

    Flag means any fabric, banner or bunting containing words, numbers, colors, patterns or symbols, or logos.  

    Effective on: 1/1/1901

    Flag, Government

    Flag, Government means any fabric, banner or bunting containing words, numbers, colors, patterns or symbols, used as a symbol of a government or political subdivision, including flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and other flags adopted or sanctioned by an elected legislative body of competent jurisdiction.

    Effective on: 1/1/1901

    Fitness center

    Fitness center: An establishment providing physical fitness facilities and services to the public for a fee, including but not limited to; game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness maintenance and weight control services and instructors, locker rooms, saunas and associated retail shop intended for members of club only, and occupying a space of 10,000 square feet or more.

    Effective on: 1/1/1901

    Flood

    Flood:  A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

    Effective on: 1/1/1901

    Flood elevation

    Flood elevation: The elevation floodwaters reached at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100-year flood.

    Effective on: 1/1/1901

    Flood Insurance Rate Map (FIRM):

    Flood Insurance Rate Map (FIRM): The official map prepared by the Federal Insurance Administration as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

    Effective on: 1/1/1901

    Flood Insurance Study

    Flood Insurance Study: A study initiated, funded, and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and severity of flood hazards and providing the City with the necessary information for adopting a flood plain management program and establishing actuarial flood insurance rates.

    Effective on: 1/1/1901

    Flood plain

    Flood plain: A land area susceptible to being inundated by water as a result of a flood.

    Effective on: 1/1/1901

    Flood plain management

    Flood plain management: An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, flood proofing and flood plain management regulations.

    Effective on: 1/1/1901

    Flood proofing

    Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.

    Effective on: 1/1/1901

    Floodway

    Floodway: The channel of a river stream or other watercourse and those portions of the flood plain adjoining the channel, which are required to carry and discharge floodwaters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels or flow velocities.

    Effective on: 1/1/1901

    Floodway Fringe

    Floodway Fringe: Those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flood velocities.

    Effective on: 1/1/1901

    Floor area

    Floor area: (See Sec 407 UBC as adopted.)

    Effective on: 1/1/1901

    Funeral home

    Funeral home: A building or part thereof used for human funeral services. Such building may contain space and facilities for: (i) embalming and the performance of other services used in preparation of the dead for burial; (ii) the performance of autopsies and other surgical procedures; (iii) the storage of caskets, urns, and other related funeral supplies; (iv) the storage of funeral vehicles; and (v) facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

    Effective on: 1/1/1901

    Garage, private

    Garage, private: A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

    Effective on: 1/1/1901

    Gas station or service station

    Gas station or service station: Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles, and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories, and other items customarily associated with the sale of such products; for the rendering of services and making of adjustments and replacements to motor vehicles, and the washing, waxing and polishing of motor vehicles, as incidental to other services rendered; and the making of repairs to motor vehicles except those of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal of engine cylinder head or crankcase pan; repairs to radiators requiring the removal thereof; or complete recapping or retreading of tires.

    Effective on: 1/1/1901

    Golf cart

    Golf cart: A small self-propelled vehicle designed to carry golfers and their golf equipment around a golf course (sometimes referred to as a 'golf car').

    Effective on: 1/1/1901

    Group care facility

    Group care facility: (See "Family home.")

    Effective on: 1/1/1901

    Health club

    Health club: An establishment providing physical fitness facilities and services to the public for a fee, including but not limited to; game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness maintenance and weight control services and instructors, locker rooms, saunas and associated retail shop intended for members of club only, and occupying a space less than 10,000 square feet.

    Effective on: 1/1/1901

    Home occupation

    Home occupation: A business, profession, occupation or trade conducted for gain or support as an accessory use entirely within a dwelling, or a structure, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building and complies with all city code requirements.  (See CHAPTER 171, HOME OCCUPATIONS, for regulations.)

    Effective on: 1/1/1901

    Home owner’s or property owner’s association

    Home owner’s or property owner’s association: A formally constituted non-profit association or corporation made up of the property owners and/or residents of a definitive area; who collectively may take permanent responsibility for costs and upkeep of commonly owned or designated community property.

    Effective on: 1/1/1901

    Hookah Lounge

    Hookah Lounge: An establishment where patrons are provided shisha (flavored tobacco) in a hookah or nargile water smoking pipe or where customers use an electronic smoking or other apparatus to deliver an inhaled dose of nicotine or other substance within the establishment. These establishments may also be known or referred to as an E-Hookah Lounge or Bar.

    Effective on: 1/1/1901

    Hotel or motel

    Hotel or motel: A building containing guest rooms in which lodging is provided and offered to the public on a temporary basis for compensation, and which is open to transient guests, in contrast to a bed and breakfast inn, boarding house, or rooming house. For establishments to be considered a hotel or motel, versus an extended stay hotel, apartment hotel, or apartment house or building, all rooms must be available for rent for as little as one (1) night and no more than 30 days, no rental contract or similar agreement is involved, and the establishment must be licensed as a hotel and collect and pay hotel/motel tax on all guest rooms and guest stays.

    Effective on: 1/1/1901

    Hotel, extended stay or apartment hotel

    Hotel, extended stay or apartment hotel: A building containing furnished bedrooms with or without cooking facilities in which lodging is provided and offered to the public on a weekly or month basis for compensation.   

    Effective on: 1/1/1901

    Junk yard

    Junk yard: Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, kept, stored or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building, and not including automobile, tractor or machinery wrecking and used parts yards, and the processing of used, discarded or salvaged materials as part of manufacturing operations. No disassembled vehicle will be allowed to be stored or kept in any location in the City other than a junk yard.

    Effective on: 1/1/1901

    Kennel

    Kennel: Any establishment other than a private residential dwelling and its surrounding grounds in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.

    Effective on: 1/1/1901

    Landscape

    Landscape: The design and development of land for human use and enjoyment. It is concerned with the beauty of natural surroundings as well as practical ways to use land and the objects on it.

    Effective on: 1/1/1901

    Laundry, self-service

    Laundry, self-service: A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.

    Effective on: 1/1/1901

    Livestock

    Livestock: Animals kept or raised for use or pleasure, including cattle, horses, sheep, goats, swine, and similar hoofed animals.

    Effective on: 1/1/1901

    Liquor Store

    Liquor Store: A retail shop or establishment that primarily sells prepackaged alcoholic beverages, including wine, beer, and alcoholic liquors, intended to be consumed off the store’s premises, and where 50% or more of total gross sales are derived from the sale of alcohol and tobacco.

    Effective on: 1/1/1901

    Logo

    Logo means a stylized group of letters, words, symbols, or combination thereof used to identify and represent a business, organization, group, team, or product and to differentiate it from others.

    Effective on: 1/1/1901

    Lot

    Lot: For the purpose of the Zoning Ordinance, a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open space as are herein required. Such lot shall have a frontage on a public street unless it is part of a townhouse complex, and may consist of:  (i) a single lot of record; (ii) a portion of a lot of record; (iii) a combination of complete lots of record; of complete lots of record and portion of lots of record; or of portions of lots of record; and (iv) 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 the Zoning Ordinance.

    Effective on: 1/1/1901

    Lot line

    Lot line: A line dividing one lot from another lot or from a street or alley.

    Lot of record

    Lot of record: A lot which is part of a subdivision recorded in the Office of the County Recorder or a lot or parcel described by metes and bounds, the description of which has been so recorded. For purposes of the Zoning Ordinance, an existing contract of purchase at the time of the effective date of the Zoning Ordinance also constitutes a lot of record.

    Effective on: 1/1/1901

    Lot types

    Lot types: As follows:

    Low-speed vehicle

    Low-speed vehicle: A four-wheeled motor vehicle that has a gross vehicle weight rating of less than 3,000 pounds and a top speed of 25 miles per hour (mph) that allows them to travel on public roads.

    Effective on: 1/1/1901

    Manufactured home

    Manufactured home: A factory-built, single-family structure not less than 40 feet wide, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have any permanently attached wheels or axles to its body or frame. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. For the purposes of these regulations, a manufactured home shall be considered the same as any site-built single-family detached dwelling.

    Effective on: 1/1/1901

    Massage

    Massage: Any method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand, other parts of the body, or any instrument, for any form of consideration of gratuity.

    Effective on: 1/1/1901

    Massage establishment

    Massage establishment: Any establishment having a fixed place of business where massages are administered for any form of consideration or gratuity, including but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include an establishment employing: (i) persons licensed by the State of Iowa under the provisions of Chapters 148, 148A, 148B, 150, 150A, 151, 152, 157, or 158 of the Code of Iowa, when performing massage services as part of the profession or trade for which licensed; (ii) persons performing massage therapy or massage services under the direction of a person licensed as described in (i) above; (iii) persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician; (iv) nurses, aides, technicians and attendants at any hospital or health care facility licensed pursuant to Chapter 135B, 135C, or 145A of the Code of Iowa in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in (i) above; and (v) an athletic coach or trainer in any accredited public or private secondary school, junior college, college or university, or employed by a professional or semi-professional athletic team or organization, in the course of his/her employment as such coach or trainer. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad, or a non-profit organization operating a community center; swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities; and facilities for the welfare of the residents of the area.

    Effective on: 1/1/1901

    M

    Medical cannabidiol: Means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that has a tetrahydrocannabinol level of no more than three percent and that is delivered in a form recommended by the State of Iowa Medical Cannabidiol Board, approved by the State of Iowa Board of Medicine, and adopted by the State of Iowa Department of Public Health.

    Effective on: 1/1/1901

    M

    Medical cannabidiol dispensary: Means a business that dispenses medical cannabidiol that is licensed by the State of Iowa and operating in compliance with all State of Iowa laws and regulations required for a medical cannabidiol dispensary.

    Effective on: 1/1/1901

    M

    Medical cannabidiol manufacturer: Means a manufacturer of medical cannabidiol that is licensed by the State of Iowa and operating in compliance with all State of Iowa laws and regulations required for a medical cannabidiol manufacturer.

    Effective on: 1/1/1901

    Mini-storage or self-storage

    Mini-storage or self-storage: A building or group of buildings, containing varying sizes of individualized, compartmentalized, and controlled stalls or lockers for the dead storage of customers’ goods or wares, excluding junk, explosive, or flammable materials, and other noxious or dangerous materials. No business activities other than rental of storage units shall be conducted on the premises.

    Effective on: 1/1/1901

    Mini-warehouse or self-storage facility

    Mini-warehouse or self-storage facility: (See "Mini-storage or self-storage.")

    Effective on: 1/1/1901

    Mixed-use building

    Mixed-use building: A multi-story commercial building that includes office and/or retail uses on the first floor or lower levels of the building and multiple family dwellings above the first floor or on the upper levels of the building.

    Effective on: 1/1/1901

    Mobile home

    Mobile home: Factory-built housing without motive power and built on a chassis for conveyance upon highways or public streets, or waterways; so designed and so constructed as to permit occupancy thereof as a place of human habitation for one or more persons. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided, if such mobile home has not been converted to property tax assessable real estate in accordance with Chapter 435.26 of the Code of Iowa. Nothing in the Zoning Ordinance shall be construed as permitting a mobile home in other than an approved mobile home park.

    Effective on: 1/1/1901

    Mobile home park

    Mobile home park: Any lot or portion of lot upon which one or more mobile homes, modular homes, or trailers occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations.

    Effective on: 1/1/1901

    Mobile home space

    Mobile home space: A plot of ground within a mobile home park designated for the accommodation of one mobile home.

    Effective on: 1/1/1901

    Multi-family residential

    Multi-family residential: (See "Dwelling, multiple-family.")

    Effective on: 1/1/1901

    Nonconforming structure

    Nonconforming structure: A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the Zoning Ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

    Effective on: 1/1/1901

    Nonconforming use

    Nonconforming use: A use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

    Effective on: 1/1/1901

    Nursing or convalescent home

    Nursing or convalescent home: A building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled, or injured persons; not including mentally insane, mental deficiency or deterioration, inebriate, or contagious cases.

    Effective on: 1/1/1901

    Office

    Office: A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.

    Effective on: 1/1/1901

    Off-street parking area

    Off-street parking area: Any area containing parking spaces, driveways or access drives devoted to the parking of motor vehicles whether free or for compensation.

    Effective on: 1/1/1901

    Open space

    Open space: An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. Open space shall not be deemed to include buildings, driveways, parking lots, display areas for retail sales of merchandise, loading areas, outdoor storage areas, or other surfaces designed or intended for vehicular travel.

    Effective on: 1/1/1901

    Park

    Park: Any public or private land reserved for active and passive recreation, to include such facilities as playgrounds, swimming pools, tennis courts, trails, shelters, and other similar uses associated with a designed recreation area. The term park is not intended to include private or public amusement parks, permanent carnivals, or similar type activities.

    Effective on: 1/1/1901

    Parking space

    Parking space: A permanently surfaced area plus necessary maneuvering space for the parking of a motor vehicle as defined in CHAPTER 169 of the Zoning Code.  Space for maneuvering, incidental to parking or unpacking, shall not encroach upon any public right-of-way.

    Effective on: 1/1/1901

    Paving, HMA

    Paving, HMA: A surface paved with hot mix asphalt (HMA) that is of an appropriate thickness and includes an appropriate pavement base as required by the City design standards or as otherwise is prudent to provide a durable, lasting, and save paved surface for use by automotive vehicles, trucks, delivery vehicle, emergency service vehicles, pedestrians, and bicycles.

    Effective on: 1/1/1901

    Paving, PCC

    Paving, PCC: A surface paved with Portland cement concrete (PCC) that is of an appropriate thickness and includes an appropriate pavement base and internal reinforcement as required by the City design standards or as otherwise is prudent to provide a durable, lasting, and save paved surface for use by automotive vehicles, trucks, delivery vehicle, emergency service vehicles, pedestrians, and bicycles.

    Effective on: 1/1/1901

    Pawnshop

    Pawnshop: An establishment wherein the business of a pawnbroker is conducted. A pawnbroker shall be any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness; or, who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. A pawnshop shall not be deemed a retail sales establishment except for the purposes of determining off-street parking.

    Effective on: 1/1/1901

    Pet store or pet shop

    Pet store or pet shop: A store at which one can purchase supplies for pets.

    Effective on: 1/1/1901

    Phase

    Phase: An area of the Master Plan that is not less than five (5) acres.

    Effective on: 1/1/1901

    Place of business

    Place of business: Any vehicle, building, structure, yard, area, lot, premises, or part thereof, or any other place in which or on which one or more persons engage in a gainful occupation.

    Effective on: 1/1/1901

    Planned Unit Development (PUD)

    Planned Unit Development (PUD): Any development in which the proposed land uses, transportation elements, building densities, arrangements and types are set out in a unified plan. A PUD may consist of mixed residential, commercial, limited industrial and public land uses.

    Effective on: 1/1/1901

    Pond

    Pond means any still body of standing water.

    Effective on: 1/1/1901

    Porch, unenclosed

    Porch, unenclosed: A roofed projection which has no more than fifty percent (50%) of each outside wall area enclosed by a building or siding material other than meshed screens.

    Effective on: 1/1/1901

    Principal building

    Principal building: A building in which the principal use of the lot on which the building is located is conducted.

    Effective on: 1/1/1901

    Principal use

    Principal use: The main use of land or structures as distinguished from an accessory use.

    Effective on: 1/1/1901

    Print shop

    Print shop: A retail establishment that provides duplicating services using photocopy, blueprint, and offset printing equipment, including collating of booklets and reports.

    Effective on: 1/1/1901

    Raceway

    Raceway means an enclosed channel designed expressly for holding wires, cables, or bus bars on which a sign in mounted. 

    Effective on: 1/1/1901

    Raceway, pan style

    Raceway, pan style is a sign raceway that is shaped and contoured to follow the outline of the sign to which is mounted to the raceway.

    Effective on: 1/1/1901

    Recreational Facility, private

    Recreational Facility, private means any recreational facility which is not owned by or dedicated to the City.

    Effective on: 1/1/1901

    Recreational facility improvements

    Recreational facility improvements consist of the acquisition and installation of equipment, building construction, grading, landscaping and extension of services. These improvements include only those activities that are directly associated with the development of the proposed recreational facilities from raw ground.

    Effective on: 1/1/1901

    Recreation vehicle (RV)

    Recreation vehicle (RV): A vehicle which is: (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projection; (iii) designed to be self-propelled or permanently towable by a light duty vehicle; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters or recreational, camping, travel, or seasonal use.

    Effective on: 1/1/1901

    Restaurant

    Restaurant: an establishment that prepares and serves food and beverages to persons for immediate consumption.  Any establishment with 50% or more of total gross sales in alcoholic beverages shall be defined as and considered a bar and not a restaurant.

    Right-of-way

    Right-of-way: A strip of land occupied or intended to be occupied by a street, walkway, drainageway, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, trail, or other public use.

    Effective on: 1/1/1901

    Satellite dish antenna

    Satellite dish antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

    Effective on: 1/1/1901

    Screening

    Screening: 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. (Also see "buffer.")

    Effective on: 1/1/1901

    Short-Term Rental

    Short-Term Rental:  Any dwelling that is leased or rented for a period of less than 30-days.  This definition includes any dwelling leased or rented through an online market place such as Airbnb.  This definition does not include Bed and Breakfast Inns, Boarding or Rooming Houses, and Extended Stay Hotels or Apartment Hotels.

    (Ord. No. 901, 10/12/2021)

    Effective on: 10/12/2021

    Sign

    Sign means any name, identification, description, display, illustration, logo, or graphic fixed to, painted on, or incorporated into the building surface or other structure or displayed from or within a building or structure, or free standing upon the site and which is visible from the public right-of-way and designed to covey or direct a message to the public concerning the identification of the premises, to advertise or promote the interests of any private or public firm, person, organization, or other entity, or to draw attention to the use on the premises.  For the purposed of this chapter, a work of art, as defined herein this chapter, shall not be considered a sign.

    Effective on: 1/1/1901

    Sign area

    Sign area means that area of a sign's exposed facing, determined by the Zoning Administrator using actual dimensions where practical, or approximate dimensions when irregularity of a sign shape warrants. Such area shall be measured using one of the formulas in Section 170.05 of this chapter.

    Effective on: 1/1/1901

    Sign copy

    Sign copy means words, letters, logos figures, symbols, illustrations, or patterns that form a message or otherwise call attention to a business, product, service, or activity, or to the sign itself.

    Effective on: 1/1/1901

    Sign perimeter

    Sign perimeter means the external boundary of a sign at its widest point per plan view.

    Effective on: 1/1/1901

    Sign, A-Frame

    Sign, A-Frame is a freestanding sign ordinarily in the shape of an “A” or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure.  Sometimes referred to as a Sandwich Board Sign or Sidewalk Sign.

    Effective on: 1/1/1901

    Sign, Animated

    Sign, Animated means any sign with actual motion, the appearance or illusion of motion, or light or color changes by mechanical or electrical means.

    Effective on: 1/1/1901

    Sign, Awning

    Sign, Awning means a sign painted on or incorporated into an awning. The area of an awning sign shall be the area of the inscription or message incorporated into the awning, provided the awning is not internally illuminated. For an awning sign incorporated on an awning internally illuminated, the area of the entire awning shall be considered the sign area.

    Effective on: 1/1/1901

    Sign, Bag

    Sign, Bag is a sign designed to temporarily cover an existing monument sign or pole sign.

    Effective on: 1/1/1901

    Sign, Balloon

    Sign, Balloon is a sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached, or held in place by a cord, rope, cable, or similar method. Also known as Inflatable Devices.  See also the definition for air-activated graphics.

    Effective on: 1/1/1901

    Sign, Banner

    Sign, Banner is a sign composed of fabric or other flexible substrate that is fastened to the exterior of a building, exterior structure, or wall, that is attached to the ground by secure attachments to stakes, poles, or similar devices and secured or mounted so as to limit movement of the sign caused by movement of the atmosphere. Banners do not include those signs which are defined as flags in this chapter.

    Effective on: 1/1/1901

    Sign, Billboard

    Sign, Billboard means any structure, regardless of material used in the construction of the same, that is erected, maintained, or used for public display of poster, painted signs, wall signs, whether the structure is placed on the wall itself, pictures, or other pictorial reading matter.

    Effective on: 1/1/1901

    Sign, Blade

    Sign, Blade is a temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material and supported by a single vertical pole mounted into the ground or on a portable structure.  May also be known as a “feather sign.”

    Effective on: 1/1/1901

    Sign, Building

    Sign, Building means a sign which is wholly supported by the building wall, parallel to the plane thereof, and which does not extend beyond the surface of said building wall more than twelve (12) inches.  This definition includes awning signs, canopy signs, fascia signs, parapet signs, painted signs and window signs as defined herein this chapter.  Internally illuminated color panels, strips, or bands and neon lighting shall be considered building signs.  Sign area for each sign is calculated by the area of a rectangle that incorporates the extreme points or edges of all text, symbols, and logos of the sign following Sign Area Formula A. 

    Effective on: 1/1/1901

    Sign, Canopy

    Sign, Canopy is a building sign attached to or in any way incorporated with the face or underside of a canopy, marquee, or any other similar building projection, and which does not extend beyond the projection more than six inches.

    Effective on: 1/1/1901

    Sign, Changeable message

    Sign, Changeable message means a sign that has the capability of sign copy being changed manually or mechanically.  

    Effective on: 1/1/1901

    Sign, Commercial

    Sign, Commercial means any sign not defined herein as a “non-commercial sign”

    Effective on: 1/1/1901

    Sign, Commercial

    Sign, Commercial means signs identifying the architects, engineers, contractors and other individuals involved in the construction of a building or subdivision and such signs announcing the character of the building enterprise or the purpose for the development is intended but not including product advertising.

    Effective on: 1/1/1901

    Sign, Directional

    Sign, Directional means any sign oriented internally intended to convey messages to internal users of a site and generally not intended to convey messages to persons off-site or from an adjoining street.  Examples include directional or wayfinding signs, traffic directions and signs that provide parking instructions, security warning signs, business directories, or similar communications that are accessory to the use of the site and any building located thereon. 

    Effective on: 1/1/1901

    Sign, Directory

    Sign, Directory means a permanent diagrammed representation located near the entrance of a complex which shows the location and address of the unit designations within a complex.

    Effective on: 1/1/1901

    Sign, Feather

    Sign, Feather see “blade sign.”

    Effective on: 1/1/1901

    Sign, Free Standing

    Sign, Free Standing including pole and ground monument signs, as regulated by this chapter, include any sign which is supported by one or more uprights or braces in or upon the ground and not attached to any building or wall.  

    Effective on: 1/1/1901

    Sign, Freeway Oriented

    Sign, Freeway Oriented means a monument ground sign which is constructed to attract the attention of interstate travelers and is located within 1,000 feet of the centerline of Highway 65 and Highway 163.

    Effective on: 1/1/1901

    Sign, Government

    Sign, Government means any type of sign that is constructed, placed or maintained by or at the direction of the federal, state, county, or local government. Examples include traffic control and safety signs and devices, public notices and informational signs, all public parks and public facilities signs, and directional and identification signs such as memorial plaques, signs of historical interest, signs designating hospitals, libraries, public parks, schools, airports and other institutions or places of public interest or concern. 

    Effective on: 1/1/1901

    Sign, Identification

    Sign, Identification means a sign that displays no more than the name, address, crest or insignia, occupation or profession of an occupant of the premises, name of any building on the premises or the trademark of the occupant.

    Effective on: 1/1/1901

    Sign, Illuminated

    Sign, Illuminated means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.

    Effective on: 1/1/1901

    Sign, Landscape

    Sign, Landscape means a monument ground sign which is incorporated with a landscape feature such as planter beds, fountains, decorative walls, fences or other landscape features.

    Effective on: 1/1/1901

    Sign, Memorial

    Sign, Memorial means memorial signs or tablets, names of buildings and date of erection when engraved into any masonry surface or when constructed of bronze or other incombustible materials. 

    Effective on: 1/1/1901

    Sign, Mobile

    Sign, Mobile means a sign affixed to an automobile, truck, trailer or other vehicle.

    Effective on: 1/1/1901

    Sign, Monument ground

    Sign, Monument ground means a free standing sign which is anchored to the ground similar to a ground sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top with the base of the sign being a minimum of 95% of the width of the widest component of the sign.  Said signs may be doubled signed, perpendicular or parallel to the adjoining roadway but in no case shall consist of more than 2 sign faces.

    Effective on: 1/1/1901

    Sign, Non-commercial

    Sign, Non-commercial means any sign containing an ideological, political issue, religious or other message not related to the promotion of a commercial or business activity.  All signs not defined as a “non-commercial sign” shall be defined as a “commercial signs.”  

    Effective on: 1/1/1901

    Signs, Obsolete

    Signs, Obsolete means such signs that advertise an activity, business, product or service no longer conducted on the premises on which the sign is located. 

    Effective on: 1/1/1901

    Sign, Permanent

    Sign, Permanent means a sign constructed of durable materials and attached to a wall or imbedded in or constructed on a foundation in the ground, that does not allow removal without special tools or equipment and which is intended to exist on more than a temporary basis.

    Effective on: 1/1/1901

    Sign, Panel

    Sign, Panel means a sign consisting of a frame covered by a translucent material which may be internally illuminated. The entire sign structure is one unit and the copy is not intended to include three-dimensional individual letters.

    Effective on: 1/1/1901

    Sign, Pole

    Sign, Pole means a freestanding sign that is supported by one or more uprights not attached to, or braced by, any other structure. Pole signs shall have a clear open space of not less than ten (10) feet between the base line of said sign and the ground level.

    Effective on: 1/1/1901

    Sign, Political issue

    Sign, Political issue means a sign announcing, promoting (for or against), or drawing attention to any personal or political issue or candidate(s) seeking public political office.

    Effective on: 1/1/1901

    Sign, Portable

    Sign, Portable means a freestanding sign not permanently anchored or secured to the ground or any building or wall, which may be moved from place to place, including, but not limited to, signs design to be transported by means of wheels, and is not expressly permitted under this chapter as a temporary sign.

    Effective on: 1/1/1901

    Sign, Project-image

    Sign, Project-image means a sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface, from a distant electronic device, such that the image does not originate from the plane of the wall, structure, sidewalk, or other surface.

    Effective on: 1/1/1901

    Sign, Projecting

    Sign, Projecting means a sign which projects twelve or more inches from and is supported by a wall of a building or structure.

    Effective on: 1/1/1901

    Sign, Roof

    Sign, Roof means a sign erected upon or above a roof or parapet of a building.

    Effective on: 1/1/1901

    Sign, Service

    Sign, Service means a sign identifying rest rooms, public telephone facilities, first aid stations, emergency shelters and other similar public service facilities. 

    Effective on: 1/1/1901

    Sign, Temporary

    Sign, Temporary means any portable or other sign, banner, pennant, streamer, inflatable signs, valance, bag or banner covering a permanent sign, or advertising display constructed of cloth, canvas, light fabric, cardboard, Vinyl, wallboard or other materials, with or without frames, intended to be displayed for a short period of time only.

    Effective on: 1/1/1901

    Sign, Vehicle

    Sign, Vehicle means a message, inscription or logo painted, attached, or incorporated on a motor vehicle which advertises or promotes the interest of any private or public firm, person, organization, or other entity, or to draw attention to the use on the premises. 

    Effective on: 1/1/1901

    Sign, Window

    Sign, Window means a sign posted, painted, placed, adhered, or affixed in or on a window or door, or a sign that is located on the interior of a structure that is exposed to public view from the exterior of the structure through a window or glass door. 

    Effective on: 1/1/1901

    Single Family Attached Residential

    Single Family Attached Residential (See "Dwelling, row," "Dwelling, single-family, semi-detached," "Dwelling, townhouse," and "Dwelling, two-family.")

    Effective on: 1/1/1901

    Single Family Detached Residential

    Single Family Detached Residential (See "Dwelling, single-family.")

    Effective on: 1/1/1901

    Site improvements

    Site improvements: Includes all improvements to a site plan in addition to proposed buildings, and including but not limited to utilities, storm water management, parking, loading areas, landscaping, buffers, and freestanding signs.

    Effective on: 1/1/1901

    Site plan

    Site plan: A plan, prepared to scale, showing accurately and with complete dimensions, 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. (For detailed requirements of a site plan see CHAPTER 166.)

    Effective on: 1/1/1901

    Smoking Lounge

    Smoking Lounge: An establishment where patrons can purchase and consume tobacco products on site or where customers use an electronic smoking or other apparatus to deliver an inhaled dose of nicotine or other substance within the establishment. These establishments may also be known or referred to as an E-Cigarette, Vape, or Vapor Lounge or Bar.

    Effective on: 1/1/1901

    Start of construction

    Start of construction: Occurs when footings or structural support columns are installed or constructed. For a "factory-built home," actual start will occur when it is placed on a site or foundation is constructed.

    Effective on: 1/1/1901

    Story

    Story:  That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement is more than five (5) feet above grade, such basement shall be considered a story.

    Effective on: 1/1/1901

    Street line

    Street line: The right-of-way line of a street.

    Effective on: 1/1/1901

    Street, public

    Street, public: Any thoroughfare or public way not less than twenty-six (26) feet in width, which has been dedicated to the public or deeded to the City for street purposes; and also any such public way as may be created after enactment of the Zoning Ordinance, provided it is fifty (50) feet or more in width.

    Effective on: 1/1/1901

    Structural alterations

    Structural alterations: Any replacement or changes in the type of construction or in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance.

    Effective on: 1/1/1901

    Structure

    Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, antenna, mobile homes, billboards, poster panels, factories, sheds, cabins, factory-built homes, satellite dish antenna, storage tanks, towers, and other similar uses.

    Effective on: 1/1/1901

    Subdivision

    Subdivision: A division of a lot, tract, or parcel of land into two (2) or more lots, building plots or sites, or other subdivisions of land for the purpose, whether immediate or future, of sale, transfer for building development, right-of-way dedication, or other use; provided, however, this definition of a subdivision does not include divisions of land into forty (40) acres or more in size parcels of land for agricultural purposes.

    Effective on: 1/1/1901

    Substantial damage

    Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

    Effective on: 1/1/1901

    Substantial improvement

    Substantial improvement: Any reconstruction, rehabilitation, additions, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:  (i) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or (ii) any alteration that will not preclude the structure’s continued designation as a "historic structure."

    Effective on: 1/1/1901

    Supervised group residence

    Supervised group residence: A residential facility, occupied by three or more persons under the supervision of one or more persons who are unrelated to the persons being supervised by blood, marriage or adoption, wherein the individuals supervised have mental, social or substance-abuse problems which hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society; provided, family homes, elder group homes, hospitals, and nursing or convalescent homes are not included within this definition.  The use shall not be regulated by density and/or unit calculation as otherwise regulated in Chapter 167.05: Residential Bulk Regulations Table.  

    Effective on: 1/1/1901

    Tavern

    Tavern: (See "Bar.")

    Effective on: 1/1/1901

    Tattoo Studio

    Tattoo Studio:  Any establishment in which tattooing is carried out professionally and may or may not include ear and body piercing. (See "Body Piercing Studio.")

    Effective on: 1/1/1901

    Tiny Home

    Tiny Home: A single-family detached residential dwelling that is not less than the minimum sq. ft. in total livable floor area as required by the City’s adopted building code regulations. The dwellings are either constructed on site (site-built) or modular (factory-built) and set on a permanent masonry foundation. This definition does not include manufactured homes.

    Effective on: 1/1/1901

    Tobacco Store

    Tobacco Store: A retail shop or establishment primarily engaged in the sale of tobacco and tobacco related products, including nicotine products and supplies such as electronic cigarettes and other devices capable of providing an inhalable dose of nicotine, for off premise consumption and where 50% or more of total gross sales are derived from the sale of tobacco and nicotine products or a combination of tobacco products and alcohol. These establishments may also be known or referred to as an E-Cigarette, E-Hookah, Vape or Vapor Store or Shop.

    Effective on: 1/1/1901

    Townhouse

    Townhouse: A dwelling unit which is attached horizontally and not vertically to one or more other dwelling units, wherein the land or lot beneath each dwelling is individually owned by the owner of the dwelling. A townhouse subdivision shall have common elements which are specified in or determined under the rules and regulations set forth by recorded covenants. Covenants for a townhouse subdivision shall establish the guidelines for maintenance of common elements and permit free movement through common areas by members of the homeowner’s association (council of co-owners) to assure access to the structural exterior of each townhouse unit by the individual unit owner.

    Effective on: 1/1/1901

    Trail

    Trail: A walkway or bikeway designated with a surfaced pathway for travel by means other than by motorized vehicles.

    Effective on: 1/1/1901

    Trailer park

    Trailer park: (See "Mobile home park.")

    Effective on: 1/1/1901

    Truck stop

    Truck stop: A service station which is designed principally for the servicing and temporary parking of trucks.

    Effective on: 1/1/1901

    Variance

    Variance: A modification of the specific regulations of the Zoning Ordinance granted by resolution of the Board of Adjustment in accordance with the terms of the Zoning Ordinance for the purpose of assuring that no property, because of special circumstances and hardships or practical difficulties applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district.

    (Ord. No. 962, 10/14/2025)

    Effective on: 10/14/2025

    Variety store

    Variety store: Any store, whether independently operated or part of a larger entity, which markets consumer goods to the general public and occupies a space less than 10,000 square feet.

    Effective on: 1/1/1901

    Video store

    Video store: Any establishment whose primary business is the rental or sale of commercial films or videos.

    Effective on: 1/1/1901

    Vision triangle

    Vision triangle means that area bounded by the street right-of-way lines of a corner lot and a straight-line joining points on said right-of-way lines 25 feet from the point of intersection of said right-of-way lines. Greater dimensions may be required on streets with higher traffic volumes, based upon the standards of the Institute of Transportation Engineers or the Association of American State Highway Officials.

    Effective on: 1/1/1901

    Wall area

    Wall area means that area of a building as calculated by multiplying the height of the building, as measured from the average ground level to the roof eave line times the width of the building, which is the width of the building facing the street as measured from an elevation view.

    Effective on: 1/1/1901

    Warehouse

    Warehouse: A building used primarily for the storage of goods and materials.

    Effective on: 1/1/1901

    Waterway

    Waterway means a channel through which water runs.

    Effective on: 1/1/1901

    Work of art

    Work of art means any mural painting or decoration, inscription, mosaic, painted glass, base-relief, or other similar art form of a permanent character that is intended for decoration, ornament, or commemoration and that is applied to, placed upon, or erected on any lot or parcel or wall of any building or structure.  A work of art shall not incorporate logos, advertisements, or other commercial speech nor shall a work of art contain images, letters, symbols or other representations designed to identify or market any commercial activities contained upon the site on which it is located. 

    Effective on: 1/1/1901

    Yard

    Yard: An open space on the same lot with a building or structure unoccupied and unobstructed by any portion of a structure from thirty (30) inches above the general ground level of the graded lot upward; provided however, fences, walls, signs, poles, posts, and other customary yard accessories, ornaments, and furniture more than thirty (30) inches in height may be permitted in any yard subject to requirements limiting obstruction of visibility and other provisions of the Zoning Ordinance.

    Zero lot line

    Zero lot line: The location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line.

    Effective on: 1/1/1901

    Z

    Zoning Administrator: (See CHAPTER 166 for definition.)

    Effective on: 1/1/1901

    Adult art or adult modeling studio
    Adult art or adult modeling studio An establishment or business which provides the services of modeling for the purpose of viewing and/or reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise, provided entrance to such establishment and such services are available only to adults.

    Effective on: 1/1/1901

    Adult artist, body painting studio
    Adult artist, body painting studio An establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude, provided entrance to such establishment and such services are available only to adults.

    Effective on: 1/1/1901

    Adult bathhouse
    Adult bathhouse An establishment or business which provides the services of baths, including all forms and methods of hydrotherapy, provided entrance to such establishment and such services are available only to adults, and not including such services provided by a medical practitioner or professional physical therapist licensed by the State of Iowa.

    Effective on: 1/1/1901

    Adult book or video store
    Adult book or video store An establishment or business having as a predominant part of its stock for trade: books, films, magazines, photographs, pictures, videos, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined in this Chapter), and limited in sale of such sexual materials to adults and not including books, periodicals and videos produced for medical practitioners and educational purposes.

    Effective on: 1/1/1901

    Adult motel
    Adult motel A place of lodging wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

    Effective on: 1/1/1901

    Adult motion picture arcade
    Adult motion picture arcade Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still picture or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

    Effective on: 1/1/1901

    Adult motion picture theater
    Adult motion picture theater An establishment with a capacity of two or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined in this Chapter), for observation by patrons therein.

    Effective on: 1/1/1901

    Adult nightclub
    Adult nightclub A nightclub which provides entertainment with dancers who are wholly or partially nude with specified anatomical areas exposed.

    Effective on: 1/1/1901

    Sexual encounter center
    Sexual encounter center A place provided by any business, agency or person where, for any form of consideration or gratuity, persons who are not all members of the same household may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

    Effective on: 1/1/1901

    A
    As used herein, specified anatomical areas are defined as: (i) less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts, below a point immediately above the top of the areola; and (ii) human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified sexual activities are defined as: (i) human genitals in the state of sexual stimulation or arousal; (ii) acts of masturbation, sexual intercourse or sodomy; and (iii) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

    Effective on: 1/1/1901

    Common lot line
    Common lot line – A side lot line that is shared between attached structures. 

    Effective on: 1/1/1901

    Front lot line
    Front lot line - The shortest line which adjoins a public street or private street.
    (Ord. No. 945, 06/25/2024)

     

    Effective on: 6/25/2024

    Rear lot line
    Rear lot line - The boundary which is opposite and most distant from the front lot line. In the case of a corner lot, the rear lot line is opposite the front lot line of least dimension. In case of an interior triangular or gore-shaped lot, it means a straight line ten-feet in length which (in paragraph form) is parallel to the front lot line or its cord and intersects the two other lot lines at points most distant from the front lot line.

    Effective on: 1/1/1901

    Side lot line
    Side lot line - Any lot line not a front lot line or a rear lot line.

    Effective on: 1/1/1901

    Street side lot line
    Street side lot line - Any lot line abutting public right of way that is not the front lot line or the rear line. 

    (Ord. No. 945, 06/25/2024)

    Effective on: 6/25/2024

    Depth
    Depth - The mean horizontal distance between the front and rear lot lines as measured perpendicular to the midpoint of the mean front lot line. In the case of an interior triangular or gore-shaped lot, the depth is the horizontal distance between the midpoints at the front lot line and rear lot lines.

    Effective on: 1/1/1901

    Width
    Width - The horizontal distance between the side lot lines as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front yard setback.

    Effective on: 1/1/1901

    Corner lot
    Corner lot - For corner lots, the front yard shall intersect with the street side yard at a 90-degree angle.  The rear yard shall be determined to be the side opposite of the front yard.  

    Effective on: 1/1/1901

    Double frontage or through lot
    Double frontage or through lot - A lot, other than a corner lot, with frontage on more than one street or public thoroughfare which do not intersect one another.  The Zoning Administrator shall designate the front yard.

    (Ord. No. 945, 06/25/2024)

    Effective on: 1/1/1901

    Interior lot
    Interior lot - A lot, other than a corner lot, having frontage on but one street or public thoroughfare.

    Effective on: 1/1/1901

    Outlot
    Outlot – An unbuildable lot designated on a subdivision plat and intended for future replatting into a buildable lot or lots or intended to be held and owned by a home owner’s association, property owner’s association, or similar private consortium as common space, open space, area for stormwater facilities, shared parking, or similarly shared site improvements or elements.

    Effective on: 1/1/1901

    Postage-stamp lot
    Postage-stamp lot – A small lot typically contained within an owner’s association held common lot or outlot and intended to define the immediate area surrounding the perimeter of an individual townhouse or rowhouse unit or commercial building for ownership purposes.  Postage-stamp lots are generally designed to be established no closer than 5-feet from any foundation or building wall, excluding shared walls located along a common lot line.  Postage-stamp lots may or may not have public street frontage but shall at a minimum have access to public streets and public utilities via the surrounding outlot. 

    Effective on: 1/1/1901

    Dine-in restaurant
    Dine-in restaurant - A restaurant where the patron consumes foods and beverages while seated at tables or counters located on the premises.

    Effective on: 1/1/1901

    Drive-in restaurant
    Drive-in restaurant - A restaurant that delivers prepared food and/or beverages to patrons in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption on or off the premises.  This definition includes coffee shops, ice cream parlors, and any other business that serves food or drinks to patrons in a motor vehicle.

    Effective on: 1/1/1901

    Carry-out restaurant
    Carry-out restaurant - A restaurant which prepares food and/or beverages which are packaged and delivered to the patrons or are picked up at the establishment by the customer; there is no consumption of

    Effective on: 1/1/1901

    Yard, front
    Yard, front - A yard extending across the full width of the lot and measured between the front lot line and the building or any projection thereof.  In the case of a corner lot the shortest yard that abuts public right-of-way.

    Effective on: 1/1/1901

    Yard, rear
    Yard, rear - A yard extending across the full width of the lot and measured between the rear lot line and the building.

    Effective on: 1/1/1901

    Yard, street side -
    Yard, street side - A yard extending from the front yard to rear property line and abutting public right of way that is not a front yard.

     

    (Ord. No. 945, 06/25/2024)

    Effective on: 6/25/2024

    Yard, side
    Yard, side - A yard extending from the front yard to the rear yard and measured between the side lot lines and the building line.

    Effective on: 1/1/1901