For the purpose of this chapter certain words and terms used herein shall be defined and interpreted as follows.
All words in the present tense include the future tense, words in the plural include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicated otherwise.
The word “shall” is mandatory and not discretionary.
The word “used” shall be deemed to include “designed, intended, or arranged to be used.”
1. “Alley” means a minor way, dedicated to public use, which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street.
2. “Apartment hotel” means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privilege of which are not primarily available to the public.
3. “Auto wrecking” means the collecting, burning out, dismantling, or wrecking of used motor vehicles, wheeled or track laying equipment, or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles, wheeled or track laying equipment, or trailers or their parts. The dismantling and rebuilding, other than custom repair, of more than one motor vehicle, piece of wheeled or track laying equipment, or trailer at a time even though not for profit or a principal use of a parcel of land shall be defined as auto wrecking. The storage of a partially dismantled motor vehicle, piece of wheeled or track laying equipment or trailer shall be considered auto wrecking.
4. “Billboard” means any structure or portion thereof, situated on private premises, on which lettered, figured, or pictorial matter is displayed for advertising purposes, except the name and occupation of the user of the premises, the nature of the business conducted on the premises and having an area of 100 square feet or more shall be considered a billboard. This definition shall not include any board, sign, or surface used to display any official notices issued by a court or public duty, or bulletin boards used to display announcements of meetings to be held on the premises on which such bulletin boards are located, nor shall it include a real estate sign advertising for sale or rent the property upon which it stands when such sign does not exceed 100 square feet.
5. “Block” means a piece or parcel of land entirely surrounded by public highways, streets, streams, railroad right-of-way, parks, or a combination thereof. There may be more than one numbered block shown on a plat, falling within a single block as herein defined.
6. “Board” means the Board of Adjustment of the City of Sanborn, Iowa.
7. “Building” means any structure having a roof or partial roof supported by columns, posts, or walls for the enclosure of persons, animals, equipment, or chattel of any kind. A residential building within the meaning of this chapter shall include a building enclosed by a continuous wall, regardless of the existence of platted lot lines through the area occupied by such building. A commercial or industrial structure may, within the meaning of this chapter, consist of separate buildings where party walls or ownership lines exist in such a manner as to indicate the intent that they be separate buildings. A tent shall be defined as a building for the purposes of this chapter.
8. “Building accessory” means any structure erected or constructed, including buildings as herein defined, the use of which requires location on the ground or attachment to something located on the ground and which is incidental and customarily appurtenant to a principal use permitted on the zoning lot, but not including fences of less than six feet in height, or bank protection structures regardless of height provided they do not project more than one foot above the surface of the ground on high side.
9. “Building height” means the distance measured from the mean elevation of the grade at the front face of the building to the highest point on the roof or parapet of said building.
10. “Building principal” means a building in which is conducted the primary use of the site on which it is situated. In any residential district any dwelling shall be deemed to be the principal building of the site on which it is located.
11. “Certificate of Occupancy” means a permit issued by the Zoning Officer indicating that the use of the building or land in question is in conformity with this chapter or that there has been a legal variance therefrom as provided by this chapter.
12. “Clinic, medical” means a building or portion thereof containing the offices and associated facilities of one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, physical therapy, or similar services for out-patients only with or without shared or common spaces and equipment. A common area pharmacy or drug dispensary available to persons other than patients treated therein or making charges separate from bills for professional services of said practitioners shall not be considered as a medical clinic use.
13. “Club” or “clubhouse” means a voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable, or similar purposes, but shall not include an organization or premises the chief activity of which is a service or activity customarily carried on as a business, even though it may be chartered and named for purposes herein defined as a club.
14. “Commission” means the Planning and Zoning Commission of the City of Sanborn, Iowa.
15. “Council” means the City Council of the City of Sanborn, Iowa.
16. “Country club” includes golf courses, par-3 golf courses, swimming pools, tennis clubs and neighborhood clubhouses, any and each of which shall be located on a site of not less than one acre and open only to membership subscribing for the use of all facilities for a term of not less than one year and members’ non-paying guests. Sleeping facilities, other than quarters for one caretaker or manager and their family, shall be prohibited. Clubs operated as restaurants, cocktail lounges, card rooms, beer taverns, bowling alleys, pool and billiard parlors, and similar activities normally carried on as a business shall be excluded from the definition of a country club. Nothing herein shall be construed to limit the method of operation of such facilities enumerated in this definition when owned and operated by governmental agency.
17. “Drive-in” means a business which is designed to serve patrons while they are reposed in vehicles or by means of service windows with the intent that products be consumed in automobiles. This shall not be construed to include places for making deposits from automobiles such as drive-in bank windows, post office drop boxes, or laundry or cleaning drop boxes.
18. “Dwelling” means a building or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, multi-family dwellings and group dwellings; provided however, that the following are not dwellings:
A. Hotels, motels, tourist courts, and cabins.
B. In a building that contains one or more dwelling units or lodging rooms in addition to one or more non-residential uses, the portion of such building that is devoted to such nonresidential uses, except when accessory to the residential use.
C. Used for the institutional care of people such as hospitals, rest homes, orphanages, and homes for the aged.
19. “Dwelling, attached” means a multi-family dwelling in which each dwelling unit has a separate outdoor entrance and is either:
A. Joined to one other dwelling unit at one side by one party wall.
B. Joined by two other dwelling units by one party wall on each side.
20. “Dwelling, detached” means a dwelling that is completely surrounded by open space on the same lot.
21. “Dwelling, group” means a structure other than a hotel or motel inhabited by more or less permanent occupants in excess of four, living independently in quarters other than dwelling units.
22. “Dwelling, mobile” means a vehicle used or so constructed as to permit its being used as a conveyance upon a public street or highway and duly licensable as such, and shall include self-propelled vehicles so designed, constructed, reconstructed, or added to by means, in such a manner as will permit the occupancy thereof as a dwelling or sleeping place of one or more persons and supported by wheels, jacks, or similar supports. Transportable dwellings not meeting building code requirements for dwellings shall be treated as mobile dwellings.
23. “Dwelling, multi-family” means a building or portion thereof containing three or more dwelling units.
24. “Dwelling, single-family” means a building containing one dwelling unit only.
25. “Dwelling, two-family” means a building containing two dwelling units only.
26. “Dwelling unit” means one or more rooms that are (a) located in a dwelling and that are, (b) arranged, designed, or used as living quarters for one family only. Each dwelling unit contains one, and only one, complete set of kitchen facilities permanently installed. Solely for the purpose of determining compliance with lot area per dwelling unit requirements, each lodging room in a group dwelling shall be considered as one-half a dwelling unit. No lodging room in a group dwelling shall be included as part of a dwelling unit.
27. “Family” means one or more persons related by blood, marriage, or adoption living together in one dwelling unit and maintaining a common household, including domestic servants, gratuitous guests, boarders, roomers, or lodgers, but not to exceed 10 persons when all are not related by blood, marriage, or adoption.
28. “Flammable liquids” means any liquid which gives off flammable vapors, as determined by the flash point from an open cup tester as used for test of burning oils, at or below a temperature of 80 degrees Fahrenheit, is flammable.
29. “Floor area” means the floor area of a building as used in calculating the gross floor area ratio as otherwise used in this chapter shall include all areas having headroom of seven feet or more, including basement areas where they are used as a dwelling unit for sleeping accommodations, or other family eating or living purposes, but not including basement floor areas used for storage and utility purposes. Floor area for business and industrial buildings shall include all useable floor space above grade and that portion of basements used for the conduct of business or industry, but not including utility areas of said basements. Measurements shall be made at the outside of outside walls. An area may be surfaced with natural earth and still be considered a floor.
30. “Garage, private” means an attached or detached accessory building for the storage of private passenger vehicles or recreational equipment, where no repair facilities are maintained and no for-profit business is conducted. Each single-family dwelling unit may have no more than three single-stall (single-vehicle) units; however, the Board of Adjustment may grant a special exception for additional units in suitable cases. Multi-family dwellings may have no more than two single-stall (single-vehicle) units; however, the Board of Adjustment may grant a special exception for additional units in suitable cases.
31. “Golf course” means a standard sized layout of at least nine holes and shall not include miniature golf courses, pitch and putt courses, or driving ranges.
32. “Grade” means the mean elevation of the ground, measured along the wall of a building, or a lot line, or the top of a street curb or official grade of a street curb not yet constructed, or an official grade of an alley surface, as appropriate to the context in which the term is used.
33. “Gross Floor Area Ratio” or “G.F.A.R.” means the floor area of a building divided by the area of the zoning lot as defined herein. (For example, a building one story high covering an entire lot would have a G.F.A.R. of 1.0, whereas a building two stories high covering an entire lot would have a G.F.A.R. of 2.0, while a one story high building covering half a lot would have a G.F.A.R. of 0.5.) Both principal and accessory buildings shall be considered in calculating gross floor area.
34. “Ground coverage” means the area of a zoning lot occupied by all buildings expressed as a percentage of the gross floor area of the zoning lot.
35. “Height, building” (See Building height).
36. “Home occupation, general” means a business, occupation, or profession carried on within a residential dwelling by the resident thereof, and which shall have the following characteristics:
A. There shall be no external evidence of the occupation with the exception of one unlighted nameplate of not more than two square feet in area attached flat against the building. Advertising displays and advertising devices displayed through a window of the building shall not be permitted.
B. There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical, or electronic disturbances detectable at the zoning line.
C. The activity shall employ only members of the immediate family of the resident of the dwelling.
D. The maximum allowable stock of goods shall be 30 cubic feet, none of which shall be flammable in nature.
E. There shall be no signs, radio, television, newspaper, handbill, or similar types of advertising linking the address of the premises with the home occupation.
F. Said home occupation shall not involve continual visits by the general public, except that music lessons may be given to one pupil at a time; dance and art lessons may be given to four pupils at a time; a dressmaker may have two customers at a time; a beauty parlor may have two customers at a time; and a professional person may have one client or patient at a time. A barber shop shall not be considered a home occupation.
G. The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for the display of produce grown on the premises.
H. Said occupation may include the caring for not more than eight children at one time for compensation.
I. Room or board for hire, but not for more than two persons.
Any business, occupation, or profession, the operation of which does not meet the aforesaid characteristics, shall not be interpreted to be a home occupation despite the fact that it may attempt to operate in a residential building.
37. “Home occupation, limited” means a business, occupation, or profession carried on within a residential dwelling by the resident thereof, and which shall have the following characteristics:
A. There shall be no external or externally visible evidence of the occupation, business or profession whatsoever.
B. There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical, or electronic disturbance detectable at the zoning lot line.
C. The activity shall employ only members of the immediate family of the resident of the dwelling.
D. There shall be no stack of goods on the premises.
E. There shall be no machinery other than that normally found in a home.
F. There shall be no contact at the premises with customers or clients other than by telephone or mail, except that music lessons may be given to one pupil at a time and cultural, art, or dance instruction may be given to four pupils at a time.
G. Said occupation may include the caring for of not more than four children at one time for compensation.
H. There shall be no signs, radio, television, newspaper, handbill, or similar types of advertising linking the address of the premises with the home occupation.
I. Room or board for hire, but not for more than two persons.
The above listed characteristics of a limited home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided that exception shall not extend to allow the operation of a commercial greenhouse or nursery or the existence of stands or booths for display of said produce.
Any business, occupation, or profession, the operation of which does not meet the aforesaid characteristics of a limited home occupation, shall not be interpreted to be a limited home occupation despite the fact that it may attempt to operate in a residential building.
38. “Junk or salvage yard” means a place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, and other used materials are bought, sold, exchanged, stored, baled, or cleaned; and places or yards for the storage of salvaged metal, materials, and equipment; but not including pawn shops and establishments for sale, purchase, or storage of used cars or trucks in operable condition, boats or trailers in operable condition, salvaged machinery in operable condition, and used furniture and household equipment in useable condition and not including the processing of used, discarded, or salvaged materials as part of manufacturing operations.
39. “Lot” means a zoning lot unless the context shall clearly indicate a lot of record, in which such case a “lot” is a lot of record.
40. “Lot of record” means land designated as a separate and distinct parcel in a subdivision, the plat of which has been recorded in the office of the County Recorder of O'Brien County, Iowa, or a parcel of land, the deed to which was recorded in the office of said recorder prior to the adoption of these zoning regulations.
41. “Lot, corner” means a zoning lot situated at the intersection of two streets, or bounded on two sides, by street right-of-way lines or in the case of curved right-of-way lines, the extension of tangents at the side lot lines does not exceed 135 degrees.
42. “Lot, interior” means a zoning lot other than a corner lot.
43. “Lot, line” means a boundary of a zoning lot. Lot line is synonymous with property line.
44. “Lot, reverse corner” means a corner zoning lot, the side street line of which is substantially a continuation of the front lot line of the zoning lot to its rear.
45. “Lot, through” means a zoning lot having frontage on two parallel, approximately parallel diverging, or converging streets, but not including a corner lot as defined herein.
46. “Lot, width” means the distance between side lot lines measured at the rear of the required front yard on a line parallel with a line tangent to the street right-of-way line.
47. “Lot, zoning” (See Zoning Lot).
48. “Minor repair, automobile” means the replacement of minor assemblies or parts and tune-up of automobiles, or trucks of less than 15,000 pounds gross license weight, but not including body and fender work, painting, engine overhaul, or similar type of work.
51. “Modifying zone” means a zone which is dependent upon a primary zone and which is designed to add to the primary zone a specific restriction or liberalization to meet specific locational needs which if accomplished by an additional series of primary zones would make these zoning regulations unnecessarily lengthy and complicated.
52. “Motel” means a group of attached or detached living units with individual toilet facilities operated for transient guests and so constructed that guest’s automobiles may be parked at or near the living unit.
53. “Nonconforming building” means a building or structure or portion thereof, lawfully existing at the effective date of these zoning regulations or an amendment thereto becomes effective, which does not meet the requirements of these regulations or any amendments thereto.
54. “Nonconforming use” means a use which lawfully occupies a building or land at the time these zoning regulations or an amendment thereto becomes effective but does not meet the requirements of this chapter or any amendment thereto.
55. “Par-3 golf course” means a golf course other than a miniature golf course and other than a golf course defined herein, and having greens similar to a golf course and fairways of not less than 50 yards in length. A par-3 golf course may not be lighted unless so specified as permitted in the text of this chapter.
56. “Primary zone” means a zoning classification which can stand alone as a classification of a parcel of property.
57. “Principal permitted use” means that use of a zoning lot which is among the uses allowed as a matter of right under the zoning classification.
58. “Rooming house” means a dwelling containing one or more lodging rooms that accommodate one or more persons who are not members of the keeper’s family; provided however, that the letting of rooms for hire, to the extent permitted by this chapter as a home occupation, shall not in itself cause a dwelling to be a rooming house. In a rooming house, lodging or meals are provided for compensation on a weekly or monthly basis. Rooming house includes boarding houses.
59. “Setback line” means a line within a lot, parallel to and measured from a corresponding lot line, forming the boundary of a required yard and defining that minimum distance between a building and property line in which structures may not be placed.
60. “Special exception” means a use which is not allowed in the zone as a matter of right, but which is permitted upon findings of the Board that under the particular circumstances present such use is in harmony with the principal permitted uses of the zone. Moveable conditional uses are specifically listed under the district regulations. Uses not so listed shall not be allowed as special exception uses.
61. “Street” means the entire width between property line of a way or place dedicated or acquired for the purpose of public use for vehicular traffic or access other than an alley. Where a way or place exists by virtue of consent agreement or an established public right, then for the purposes of this chapter the way or place shall be considered to be 60 feet in width, falling half on each side of the center line of the traveled way. Where the dimensions set out in a consent agreement exceeds 60 feet, then the larger dimension shall govern.
62. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams, or girders. Vehicles duly licensed for operation upon public streets or highways shall not be considered structures.
63. “Structure” means anything constructed or erected with a fixed location on the ground or attached or resting on something having a fixed location on the ground. Moreover, the following shall always be considered structures: buildings, walls, signs, and billboards.
64. “Use” means the purpose or purposes for which land or building is designed, arranged, or intended, or to which said land or building is occupied, maintained, or leased.
65. “Use, accessory” means a use customarily incidental to the principal permitted use or building and located on the same zoning lot with such principal use or building.
66. “Use, specifically excluded” means a use of land or a structure which is excluded from a zone by the operation of the other regulations of the zone, but which is specifically enumerated as excluded for purposes of clarity of intent and ease of reference.
67. “Yard, front” means an open space extending the full width of the zoning lot, between the main building and the front lot line. In the case of a corner lot, the front yard shall be determined by the Zoning Administrator. His/her determination shall be made without regard to the orientation of the building on the lot.
68. “Yard, rear” means an open space extending the full width of the zoning lot, between the main building and the rear lot line.
69. “Yard, side” means an open space extending from the front yard to the rear yard, between the main building and the side lot line.
70. “Zoning lot” means a single tract of land, located within a single block, which at the time of filing for a building permit or a certificate of occupancy, is designed by the owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control, and assigned to the particular use, building, or structure, for which the building permit or the certificate of occupancy is issued and including such area of land as may be required by the provisions of this chapter for such use, building, or structure.
71. “Zoning Officer” means the official appointed by the City Council and charged with the responsibility of enforcing these regulations.