For the purpose of this chapter, the following terms or words are defined. The words “used or occupied” include the words intended, designed, or arranged to be used or occupied. The word “lot” includes the words property or parcel.

1.   “Accessory building, structure, or use” means a subordinate use or structure on the same lot which the principal building is situated and which is reasonably necessary and of a nature subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to use of the principal building.

2.   “Adult entertainment business” means and includes any of the following:

   A.   “Adult amusement or entertainment” means an amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to “sex act” or “specified anatomical areas,” as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment.

   B.   “Adult bookstore” means an establishment having as a significant portion of its stock in trade books, films, magazines, and other periodicals or goods and items held for sale which are distinguished or characterized by an emphasis on matter depicting or describing “sex act” or “specified anatomical areas.”

   C.   “Adult hotel” means a building with accommodations used for the temporary occupancy of one or more individuals and is an establishment wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing “sex act” or “specified anatomical areas” for observation by the individuals therein.

   D.   “Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five 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 “sex act” or “specified anatomical areas.”

   E.   “Adult motion picture theater” means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “sex act” or “specified anatomical areas.”

   F.   “Adult photo studio” means an establishment which, upon payment of a fee, provides photographic equipment or models for the purpose of photographing “specified anatomical areas” or “sex acts” as defined herein.

   G.   “Massage parlor” means any building, room, place or establishment, where manipulated massage or manipulated exercise is practiced for pay upon the human body with an emphasis on “sex act” or “specified anatomical areas” by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse or practical nurse operating under a physician's direction, physical therapist, registered speech pathologist and physical or occupational therapist who treat only patients recommended by a licensed physician and operate only under such physician's direction, whether with or without the use of mechanical, therapeutic, or bathing devices. The term does not include a regular licensed hospital, medical clinic or nursing home, duly licensed beauty parlors, or barber shops.

   H.   “Sexual encounter center” means any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons may congregate, assemble, or associate for the purpose of engaging in “sex act” or exposing “specified anatomical areas.”

   I.   “Sex act,” as used in the definition of “adult entertainment business,” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another, or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus.

   J.   “Specified anatomical areas” means and includes the following: human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.

3.   “Alley” means a public way, other than a street, 20 feet or less in width, affording secondary means of access to abutting property.

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

5.   “Basement” means a story having part but no more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulation. When a story has more than one-half of its height below grade, the story constitutes a cellar and shall not be counted as a story for the purpose of height regulation.

6.   “Bed and breakfast” or “B&B” means a facility providing temporary lodging other than a hotel or boarding house and which are classified as follows:

   A.   A “residential B&B” is owner occupied and has up to and including three rental units.

   B.   A “B&B inn” may be owner occupied and has up to and including 12 rental units. More than 12 rental units shall be considered a hotel.

7.   “Beekeeping” means the keeping of one or more hives of honeybees where honey bee shall mean any stage of the common domestic honeybee.

8.   “Block” means that property abutting on one side of a street and lying within the two nearest intercepting or intersecting streets, or lying within the nearest intercepting or intersecting streets and unsubdivided acreage, railroad right-of-way, or water.

9.   “Boarding house” means a building other than a hotel where, for compensation, meals and lodging are provided for up to two persons and only as an accessory use to the principal single-family.

10.   “Building” means any structure having a roof supported by walls or by columns designed or intended for enclosure, shelter, or housing of persons, animals, or property.

11.   “Building, height of” means 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 to the mean height level (between eaves and ridge) for gable, hip, and gambrel roofs.

12.   “Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purposes of this chapter, a carport attached to a principal building shall be considered as part of the principal building and subject to all yard requirements herein. Detached carports shall be considered as an accessory structure.

13.   “Cellar” means that portion of a building having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

14.   “Convenience store” means an establishment for retail sale of petroleum products and other supplies for motor vehicles, as well as for the retail sale of a variety of other items typically sold in grocery stores.

15.   “Day care centers” means any private agency, institution, establishment, or place which provides supplemental parental care or educational work, other than lodging overnight, for six or more unrelated children of preschool age, for compensation.

16.   “Dwelling” means any stationary, permanent building, or portion thereof which is designed or used exclusively for residential purposes, but not including a tent, cabin, RV, or trailer.

17.   “Dwelling, apartment” means a room or suite of rooms in a multiple dwelling intended or designed for use as a residency by a single family and containing bathroom and kitchen facilities.

18.   “Dwelling, single-family, detached” means a residence designed for or occupied by one family only, entirely surrounded by yard on the same lot, erected on a permanent foundation. Does not include mobile homes.

19.   “Dwelling, duplex” or “two-family” means a building on one lot with a common wall, designed for or converted for occupancy by two families only, with separate housekeeping and cooking facilities for each dwelling. Such dwellings must be erected on a permanent foundation. Does not include mobile homes.

20.   “Dwelling, multiple” or “multi-family” means a residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each. Such dwellings must be erected on a permanent foundation. Does not include mobile homes.

21.   “Dwelling, condominium” means a multiple dwelling as defined herein whereby the fee title to each dwelling unit is held independently of the others and where the general common elements of the structure, as defined under the Code of Iowa, is shared by one or more persons, corporations, or other legal entities capable of holding or owning an interest in real property.

22.   “Dwelling, row” means any one of three or more residences designed for or occupied only by one family which are attached and in a continuous row. Each dwelling is designed and erected as a unit on a separate lot with an individual entrance. All dwelling units must be separated horizontally from each other dwelling by a dividing wall, but may not be separated vertically from each other by a dividing floor or ceiling. No more than six units shall be permitted in a single structure.

23.   “Dwelling, patio home” means a building containing only one dwelling unit on a separate lot and designed for and occupied exclusively for residence purposes by only one family within a townhome regime.

24.   “Dwelling, townhome” means a row dwelling or a patio home as defined herein which is characterized by common elements which are specified in or determined under the rules and regulations set forth by recorded covenants. Said covenants shall establish the guidelines for maintenance of common elements and permit free movement through common areas by members of the homeowners association to assure access to the structure exterior of each townhome unit by the individual unit owner.

25.   “Dwelling, tiny house” means a small building designed for residential use, generally 400 square feet or less. Tiny houses on wheels shall be considered an RV for purposes of this chapter, unless properly tied-down and skirted in which case it may be considered as a mobile home. Tiny houses on permanent foundations shall be considered to be a single-family detached dwelling and shall be subject to all applicable building codes.

26.   “Dwelling, group home” means a dwelling shared by four or more persons with disabilities, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which the staff provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible.

27.   “Dwelling unit” means a room or group of rooms which are arranged, designed, or used as living quarters for the occupancy of one family containing bathroom or kitchen facilities.

28.   “Family” means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, adoption, legal guardianship or as foster parent-children, no such family shall contain over four persons.

29.   “Farm” means an area of 10 acres or more which is used for the growing of the usual farm products, such as vegetables, fruits, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals. The term “farming” includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce; provided, however the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further that “farming” does not include the feeding of garbage or offal to swine or other animals.

30.   “Feed lot” means any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of cattle, hogs, or sheep. A commercial feed lot is as defined according to the Department of Environmental Quality (DEQ) specifications or in which the livestock on feed are owned by someone other than the owner of the feed lot.

31.   “Floodplain” means the channel of a stream or body of water and land adjacent to said channel or a body of water that has been or may be hereafter covered by flood water, including but not limited to the 100-year flood.

32.   “Garage” means a private garage enclosed structure intended for and used for the housing of motor-driven vehicles of the residents of the premises. Pole buildings are permitted for garages.

33.   “Gas station” or “service station” or “lube shop” means any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles, and including such product as oil, lubricants, tires, batteries, antifreeze, motor vehicle accessories, and other items customarily associated with the sale of such products; for the rendering of minor services and making of adjustments and replacements to motor vehicles such as oil changes and filter replacements, and the washing, waxing, and polishing of motor vehicles as incidental to other services provided; and the making of repairs to motor vehicles except those of a major type. Repairs of a major type are: 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 re-treading of tires. No service operations are permitted outside a fully enclosed building. No outdoor storage of parts or vehicles in the process of being repaired is permitted.

34.   “Home occupation” means a use conducted entirely within the residence and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes where there is no evidence of such occupation being conducted on the premises by virtue of displays or excessive noise, odors, electrical disturbances, or traffic generation, with no more than one non-resident assistant and where not more than one-half of the floor area of any one floor is devoted to such use.

35.   “Hotel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests in contradistinction to a boarding house or lodging house. Includes motels and motor lodges having parking in a convenient location to each unit.

36.   “Inoperable motor vehicle” means any motor vehicle which lacks

   A.   current registration; or

   B.   two or more wheels or other component parts, the absence of which renders the vehicle totally unfit for legal use of highways.

37.   “Junk” means all old or scrap metal; old rope, rags, batteries, paper trash, rubber debris, waste; dismantled or inoperable vehicles, machinery, and appliances, or parts of such vehicles, machinery, or appliances; old discarded glass, plastic, or old discarded household goods or hardware.

38.   “Junk yard” means any place not fully enclosed in a building, used in whole or in part for the storage, salvage or deposit of junk, lumber, salvaged wood, whether in connection with a business or not, which encompasses an area of 100 square feet or more, or any place where more than two inoperable motor vehicles or used parts and materials thereof, when taken together equal the bulk of two motor vehicles, are stored or deposited. For the purpose of this chapter, “junk yard” includes salvage yard, wrecking yard, used lumber yard, and places for storage of salvage wood.

39.   “Kennel, dog” means any premises on which four or more dogs, six months old or older, are kept.

40.   “Lot” means, for the purposes of this chapter, 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 spaces as are herein required. Such lot shall have frontage on a public or private street 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 or 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 this chapter.

41.   “Lot line” means the property line bounding a lot.

42.   “Lot measurements” means:

   A.   “Depth” means the mean horizontal distance between the front and rear lot lines.

   B.   “Width” means the width of a lot measured at the minimum building setback line and generally at right angles to its depth.

43.   “Lot of record” means a lot which is part of a subdivision or a lot or parcel described by metes and bounds, the description of which is recorded in the office of the County Recorder of Grundy County.

44.   “Lot types” means any of the following lots:

   A.   “Corner lot” means a lot located at the intersection of two or more streets.

   B.   “Interior lot” means a lot other than a corner lot with only one frontage on a street, other than an alley.

   C.   “Double frontage lot” means a lot other than a corner lot with frontage on more than one street, other than an alley. Lots with frontage on two non­intersecting streets may be referred to as “through” lots.

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

45.   “Manufactured home,” as used in this chapter, means a factory-built structure, which is manufactured or constructed under the authority of 42 USC §5403 and which is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A “mobile home” is not considered to be a manufactured home, unless it has been converted to real property as provided in the Code of Iowa, and shall be taxed as a site-built dwelling.

46.   “Mini warehouse” means a building or group of buildings containing varying sizes of individualized, compartmentalized, and controlled access stalls or lockers for the dead storage of customers' goods or wares, excluding junk explosives or flammable materials, and other noxious or dangerous materials, may include caretaker quarters as an accessory use. No business activities other than rental or storage units shall be conducted on the premises.

47.   “Mobile home” means any vehicle which at any time was used or maintained for use as a conveyance upon highways, public streets, or waterways; so designed and so constructed as to permit residential occupancy thereof whether attached or unattached to a permanent foundation. Mobile homes to be used for residential purposes shall be placed only in an approved mobile home park.

48.   “Mobile home park” means any site, lot, parcel, or portion thereof having an area of at least one acre upon which two or more mobile homes occupied for residential purposes are located, regardless of whether or not a charge is made for such accommodations; and includes any accessory buildings and uses in accordance with an approved Site Plan.

49.   “Nonconforming use” means any building or land lawfully occupied by a use at the time of passage of the applicable Zoning Code (or any amendment thereto) which does not conform after the passage of the Zoning Code (or amendment thereto) with the use regulations of the district in which it is situated.

50.   “Nursing or convalescent home” means a building or structure having accommodations where care is provided for invalid, infirm, aged, convalescent, or physically disabled persons, including insane and other mental cases, and inebriate, but not including contagious cases.

51.   “Occupant frontage” means that side or wall of a building in which the main public entrance to the premises is located.

52.   “Parking space” means an area of not less than 9 feet wide by 19 feet long plus the maneuvering space required for the parking of a motor vehicle. Space for maneuvering, incidental to parking, shall not encroach upon any public right-of-way. Parking spaces for other than residential use shall be paved, with the surface material and thickness designated on an approved Site Plan.

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

54.   “Porch, unenclosed” means a roofed projection which has no more than 50 percent of each outside wall area enclosed by a building or siding material, other than meshed screens.

55.   “Recreational vehicle” means any camper, RV, boat, personal watercraft, all- terrain vehicle (ATV), snowmobile, or golf cart; or the trailer for any such vehicle.

56.   “Restaurant” means a business where the dispensing and the consumption at indoor tables of edible foodstuff and non-alcoholic beverages provides the principal revenue for the business.

57.   “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling of roof next above it.

58.   “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the top floor level. A half story containing independent apartments or living quarters shall be counted as a full story.

59.   “Street” means a public or private thoroughfare which affords the principal means of access to abutting property.

60.   “Structure” means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground or any movable object weighing 200 pounds or more, which will be or has been in substantially the same location for 10 days or more, except motor vehicles. Among other things, “structure” includes buildings, stadiums, platforms, radio towers, sheds, storage bins, decks and porches, chimneys, equipment, gazebos and arbors, private light poles, towers, windmills and small wind energy systems, antenna, satellite dishes over three feet in diameter, awnings, store fronts, walls and facades, signs, and fences.

61.   “Structural alterations” means 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.

62.   “Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the prior structure either:

   A.   Before the improvement or repair is started; or

   B.   If the structure has been damaged, before the damage occurred. This term does not include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

63.   “Yard” means an open space on the same lot with a building or structure, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

64.   “Yard, front” means a yard fronting on the public or private street and extending across the full width of the lot and measured, using the least distance, between the front lot line and the closest building or any projection thereof, other than permitted encroachments.

65.   “Yard, rear” means a yard extending across the full width of the lot and measured, using the least distance, between the rear lot line and the principal building or any projection thereof, other than permitted encroachments. On interior lots, the rear yard is the yard opposite the front yard. On comer lots, the rear yard is the yard opposite the front yard or street side yard, whichever is narrower.

66.   “Yard, interior side” means a yard extending along an interior side of a lot, running from the front yard to the rear year and measured between the side lot lines and the nearest building or any projection thereof, other than permitted encroachments.

67.   “Yard, street side” means a yard extending along the street side of a corner lot, running from the front yard to the rear yard and measured between the right-of-way line and the nearest building or any projection thereof, other than permitted encroachments.

68.   “Zero lot line” means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.