For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.

20.01.   Accessory Buildings. A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

20.02.   Alley. A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.

20.03.   Basement. A story having part but not more than one-half (1/2) of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

20.04.   Bike Path. A track, trail or way, paved or unpaved used primarily for bicycle riding, jogging, walking or other non-motorized recreational purpose.

20.05.   Buildings. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.

20.06.   Building, Height Of. The vertical distance from the grade 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.

20.07.   Cellar. A story having more than one-half (1/2) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

20.08.   Display Sign. A structure, device or decorative display that is arranged, intended, designed or used as an advertisement, announcement or direction; including a sign, sign screen, billboard, poster panel used in whole or in part for advertising purposes and any other advertising device, of any kind.

20.09.   District A section or sections of the City of Riverdale for which the regulations governing the use of buildings and premises, the height and size of buildings, the size of yards, and intensity of use are uniform.

20.10.   Dwelling, Single-Family. A building designed for or occupied exclusively by one family for residential purposes.

20.11.   Dwelling, Two-Family. A building designed for or occupied exclusively by two families for residential purposes.

20.12.   Dwelling, Multiple. A building designed for or occupied exclusively by more than two families for residential purposes.

20.13.   Family. One or more persons occupying premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption, or marriage, but no unrelated group shall consist of more than five (5) persons.

20.14.   Farm. An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon or the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce. A farm must consist of 75 acres or more.

20.15.   Filling Station. Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage.

20.16.   Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.·

20.17.    Garage, Private. An accessory building housing motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one (1) of the vehicles may be a commercial vehicle and of not more than three (3) tons capacity.

20.18.   Garage, Public. Any building or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles.

20.19.   Garage, Storage. Any building, or premises, used for housing only of motor-driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.

20.20.   Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building.

20.21.   Habitable Living Space. Actual space actively inhabited by the residents of a dwelling including a finished cellar or basement as defined in Section 20.03 and 20.07.

20.22.   Home Occupation. Any occupation or profession carried on by a member of the immediate family, residing on the premises. Provided, however, that there is used no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling other than a sign not more than two (2) square feet in area; and, there is not commodity sold upon the premises other than medicines and drugs sold as an incident to the practice of medicine; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic or household purposes.

20.23.   Hotel. 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.

20.24.   Institution. A hospital, orphanage, nursing home, rest home or home for the aged whether or not operated for profit and any non-profit establishment occupied for a public use.

20.25.   Living Space. Actual space actively inhabited by the residents of a dwelling including a finished cellar or basement as defined in Section 20.03, 20.07 and 20.21.

20.26.   Lots. A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this Ordinance, and having the principal frontage upon a street or upon an officially approved place.

20.27.   Lot, Corner. A lot abutting upon two (2) or more streets at their intersection.

20.28.   Lot, Depth Of. The mean horizontal distance between the front and rear lot lines.

20.29.   Lot, Double Frontage. A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

20.30.   Lot of Record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Scott County, Iowa; or a parcel of land, the deed to which was recorded in the office of the County Recorder prior to the adoption of this ordinance.

20.31.   Non-Conforming Use. Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto, which use does not conform after the passage of this Ordinance or amendments thereto with the use regulations of the district in which it is situated.

20.32.   Parking Space. An area surfaced with a concrete or asphalt type of material, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than one hundred and forty (140) square feet, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.

20.33.   Place. An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

20.34.   Satellite Receivers. A satellite receiver is a concave dish antenna designed and intended to transmit or receive or intercept microwave, television, radio and other such signals or transmissions.

20.35.   Storage Shed. An accessory building used for housing of lawn and garden equipment, tools or storage of other miscellaneous personal property not for hire and which is incidental to the residential use of the premises and having dimensions which do not exceed twelve (12) feet in width, sixteen (16) feet in length and a height of fourteen (14) feet to the peak of the roof.

20.36.   Street All property dedicated or intended for public or private street, highway, freeway, or roadway purposes or subject to public easements therefore.

20.37.   Story. That portion of a building other than a cellar, including 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 next above it.

20.38.   Story-Half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty (60) percent of the floor area is finished off for use.

20.39.   Street Line. A dividing line between a lot, tract or parcel of land and a contiguous street.

20.40.   Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs and billboards.

20.41.   Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

20.42.   Tourist Court or Motel. An area containing one (1) or more - permanent structures designed or intended to be used as temporary living facilities of one (1) or more families and intended primarily for automobile transients.

20.43.   Camp or Trailer Court. Any area other than a tourist court or motel containing two (2) or more structures, designed or intended to be used as living facilities of two (2) or more families; or any area providing spaces where one (1) or more tents or trailers can be or are intended to be emplaced or parked.

20.44.   Trailer. Any structure used for living, sleeping, business or storage purposes, originally having no foundation other than wheels. The term "trailer" shall include camp car and house car.

20.45.   Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and main building shall be used.

20.46.   Yard, Front. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof, including signs, other than the projection of the usual steps or entrance-way.

20.47.   Yard, Rear. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

20.48.   Yard, Side. A yard between a building or any projections other than steps and the side line of the lot, extending from the front yard to the rear yard.

A.   PURPOSE.

It is essential that new developments and improvements to existing developments meet established minimum standards for the design of such developments to protect existing developments, to insure adequate provisions for public/private utilities, such as sewer, water, and roads, and to promote the health, safety and general welfare of the public.

B.   APPLICATION.

The owner, possessor or developer of any property or land upon which any structure or building is to be constructed or upon which any resurfacing, change of grade or change of contour shall be performed shall be required to apply for a building permit and shall submit with the application for building permit a site plan along with the information required in this section.

An owner or possessor of property who is applying for a building permit for a single family residence will not be required to submit such a site plan under the section unless specifically requested to do so by the zoning inspector or designate at the discretion of the zoning inspector or designate. Building permit applications for all other construction or improvement shall include a site plan along with the information required in this section.

The provisions of this section relating to the submission of site plans and other information are in addition to all other requirements pertaining to construction and development contained in the city Code; and nothing herein shall be construed so as to modify, limit, or eliminate the requirements set forth in other provisions of the City Code.

C.   PROCEDURE.

A site plan shall be filed with the City Clerk and City Engineer, who will determine if all the information is provided and adequate for review. Once all the required information is received, the City Clerk shall immediately forward copies of the site plan to the planning and zoning commission and to the consulting engineer for the city designated by the planning and zoning commission. A copy of the site plan shall also be sent to all adjoining property owners. Upon receipt of the site plan, the planning and zoning commission shall schedule a review by the planning and zoning commission at the next regular meeting beyond fifteen (15) days of official receipt.

(1)   The planning and zoning commission shall review the site plan proposal at said meeting, receive a report from the designated city engineer and receive comments from the public. The commission shall make its determination of conditions for approval of the site plan within thirty-five (35) days of the first meeting. If no action is forthcoming within the thirty-five (35) days, the site plan shall be deemed approved and building permit may be issued.

(2)   The developer may appeal the conditions of the planning and zoning commission placed on the proposed development by notifying in writing the city council within thirty (30) days of the commission's decision and shall specify what relief is requested of the city council. The city council shall hear said appeal at a council meeting within fifteen (15) days and act upon the appeal at a regular council meeting within thirty (30) days of the appeal receipt.

D.   A building permit may only be issued after planning and zoning commission approval or decision of the city council on appeal.

E.   SITE PLAN REVIEW STANDARDS.

The standards of site design listed below are intended only as minimum requirements, so that the general development pattern in the city of Riverdale may be adjusted to a wide variety of circumstances and topography, and to insure reasonable and orderly growth in the community.

(1)   All proposed developments shall conform to existing city ordinances and state laws and regulations promulgated by state agencies.

(2)   Internal roads and streets shall be adequately constructed to accommodate the traffic generated. Entrances and exits on to public streets shall not unduly increase congestion or traffic hazards on the public streets and the subject property.

(3)   The proposed development shall be designed with appropriate regard for topography, surface drainage, natural drainage ways and streams, wooded areas, and other naturally sensitive areas which lend themselves to protection from degradation.

(4)   The proposed development shall be designed with adequate water supply and sewage treatment facilities and storm water drains and structures necessary to protect the public health and welfare by not overloading existing public utilities. Run-off from development shall not be outletted onto adjacent properties or into the public drainage structures at a rate in excess of the existing run-off prior to development.

(5)   The proposed development shall be designed, and the buildings and improvement shall be located within the tract or parcel in such a manner as not to unduly diminish or impair the use and enjoyment of adjoining or surrounding property. And to such end, the owner, possessor or developer shall provide for such fences, landscaping and other improvements as are proper and necessary to buffer the proposed use from the existing or potential surrounding land uses.

(6)   The proposed development shall be designed not to unduly increase the public danger of fire, explosion, and other safety hazards on the general public and the persons residing or working in adjoining or surrounding property.

F.   INFORMATION TO BE SUBMITTED WITH SITE PLAN.

The purpose of the site plan is to show the facts needed to enable the planning and zoning commission to determine whether the proposed development meets the requirements of this section and complies with the standards listed herein. The site plan shall contain or be accompanied by the following information:

(1)   Location map showing relationship to surrounding roads, streams, public facilities and private properties.

(2)   The scale of the site plan shall not be more than one (1) inch to equal fifty (50) feet. Scale shall be shown in legend.

(3)   Date, north marker, name of proposed development, if any.

(4)   Existing buildings, utilities, railroad, rights-of-way, easements, location and name of existing roads, stands of trees, drainage ways, and facilities or structures for storm water run-off.

(5)   Location and name of adjoining subdivision, subdivision lots therein, and names of adjoining landowners.

(6)   Existing and proposed contour lines at intervals of two (2) feet with a minimum of two (2) contours.

(7)   All proposed storm water retention areas, and overground and underground drainage ways for storm water.

(8)   Engineering calculations demonstrating compliance with paragraph 0(4) hereinabove, relating to storm water run-off.

(9)   Proposed location of buildings, parking lots, driveways, etc.

G.   FEES.

Before the site plan is considered by the planning and zoning commission, the building permit applicant shall pay the fees as determined by Scott County and the City of Riverdale.