he purpose of Chapters 165 through 173 of this Code of Ordinances (referred to herein as the “Zoning Code”) is to promote public health, safety, comfort, order and general welfare; to conserve and protect natural and manmade environment; to secure and provide the social and economic advantages resulting from an orderly, planned use of land resources; to facilitate adequate but economical provisions for public improvements; and to conserve the value of property and encourage the most appropriate use of land throughout the City in accordance with a comprehensive plan.

   This Zoning Code shall be known as and may be cited as the “Zoning Ordinance of the City of Ventura, Iowa.”

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

   For the purpose of this Zoning Code, the following words and phrases are defined. As used herein, the word “building” includes the word “structure.”

   1.   “Accessory building” means a subordinate building, the use of which is incidental to that of the main building or to the main use of the premises. Private garages are accessory buildings.

   2.   “Accessory use” means a subordinate use which is incidental to and customary in connection with the principal building or use, and is located on the same lot with such principal building or use.

   3.   “Agriculture” means the use of land for agriculture purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, aquatic farming, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce: provided, however, that the operation of such accessory use shall be secondary to that of normal agricultural activities.

   4.   “Alley” means a public thoroughfare which affords only a secondary means of access to abutting property.

   5.   “Alteration, structural” means any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

   6.   “Animal hospital” means a building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

   7.   “Apartment house” – See “dwelling, multiple.”

   8.   “Assisted living residential facility” means a building which provides housing with services which may include, but are not limited to, health-related care, personal care, and assistance with instrumental activities of daily living to six or more tenants in a physical structure which provides a home-like environment, and which is either certified or voluntarily accredited through the Department of Elder Affairs as provided in Chapter 231C, Code of Iowa.

   9.   “Automobile service station (gas station)” means a building or premises used for dispensing or offering for sale at retail, any automotive fuels or oils, or having pumps and storage tanks therefore; or elsewhere battery, tire or any similar service is rendered and where vehicles are not parked for purposes of inspection and sale.

   10.   “Automobile wrecking yard” means a place where two or more motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for the wrecking or storing of such automobiles or the parts thereof.

   11.   “Basement” means a story partly underground but having at least one-half of its height above the curb level and ground. A basement shall be counted as a story if used or intended to be used for dwelling or business purposes.

   12.   “Bed and breakfast home” means a private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than two guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations and serves food only to overnight guests.

   13.   “Bed and breakfast inn” means a building having nine or fewer guest rooms, equipped, used, advertised, or presented to the public as an inn, hotel, motel, motor inn, or place where sleeping accommodations are furnished and food service for the general public is allowed.

   14.   “Billboard” means an outdoor advertising sign for a business, commodity, or service located or offered elsewhere than upon the premises where such sign or billboard is located. An off-premise outdoor advertising sign is synonymous with billboard.

   15.   “Boarding house” means a building other than a hotel where, for compensation, meals or lodging and meals are provided for four or more persons.

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

   17.   “Buffer” means an area of land used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.

   18.   “Buildable area” means the area in between front and rear yards, and side yards.

   19.   “Building” means any structure having a roof supported by walls or by columns intended for enclosure, shelter or housing of persons, animals or chattel. When any portion thereof is separated it shall be deemed a separate building.

   20.   “Building, completely enclosed” means a building separated on all sides from the adjacent open space or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

   21.   “Building detached” means a building surrounded by open space on the same lot. “Building, height of” means the perpendicular distance measured in a straight line from the curb level to the highest point of the roof, beams in the case of flat roofs, and to the average of the height of the roof in the case of pitched roofs, the measurement in all cases to be taken through the center of the front of the building. Where a building is situated on ground above the curb level, such height shall be measured from the level of the adjoining ground. Where a building is on a corner lot and there is more than one grade or level, the measurements shall be taken from the main entrance elevation.

   22.   “Building principal” means a non-accessory building in which is conducted the principal use of the lot on which it is located.

   23.   “Building residential” means a building arranged, designed, used or intended to be used for residential occupancy by one or more families. Residential buildings include but are not limited to the following types: (1) single family detached dwellings, (2) two family dwellings, (3) multiple family dwellings, and (4) rows of one or two family attached dwellings developed initially under single ownership or control.

   24.   “Building temporary” means a building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.

   25.   “Bulk” means a composite characteristic of a given building as located upon a given lot not definable as a single quantity but involving all of these characteristics: (1) size and height of building, (2) location of exterior walls at all levels in relation to lot lines, streets, or to other buildings (3) gross floor area of the building in relation to lot area (floor area ratio), (4) all open spaces allocated to the building, and (5) amount of lot area provided per dwelling unit.

   26.   “Bulk stations” means distributing stations commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids, or liquefied petroleum products where the aggregate capacity of all storage tanks is more than 6,000 gallons. Bulk station does not include retail sales.

   27.   “Business” means an occupation, employment or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered for compensation.

   28.   “Campground, commercial and recreational vehicle park” means any premises where two or more camping units are parked/placed for camping purposes, or any premises used or set apart for supplying to the public, camping space for two or more camping units for camping purposes, which include any buildings, structures, vehicles, or enclosure used or intended wholly or in part for the accommodation of transient campers.

   29.   “Camping unit” means any recreational vehicle or other vehicle, tent, or other movable shelter used for camping purposes.

   30.   “Car wash” means a building or portion thereof where automobiles are washed; using a conveyor, blower, steam cleaning equipment, or other mechanical device of production line nature.

   31.   “Cellar” means a story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measurement.

   32.   “Church or place of religious worship” means an institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

   33.   “Clinic” means an establishment occupied by one or more members of a healing profession and used for the practice of said profession. A “clinic” does not include any in-patient care.

   34.   “Club or lodge, private” means a non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a Board of Directors, Executive Committee, or similar body chosen by the members of their annual meetings, and such affairs may include the serving of food and meals on such premises, provided dining room space and kitchen facilities are available.

   35.   “Cluster development” means a development designed to concentrate buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive areas.

   36.   “Cocktail lounge” means any place of business, other than a "night club", located in and accessory to a hotel, motel, or restaurant, where liquor, beer or wine is sold for consumption on the premises, where music or other entertainment is limited to a piano bar or other one person performance.

   37.   “Commercial feedlot” means feeding, raising or breeding of livestock, poultry or other animals in confined feedlots, dry lots, pens, cages, ponds, or buildings when not in conjunction with a farming operation.

   38.   “Commission” means the Planning and Zoning Commission of the City.

   39.   “Comprehensive Plan” means documents adopted by the Council setting forth policies for the future of the City’s development.

   40.   “Conditional use” means a use of land, water or building which is allowable only after issuance of a special permit by the Zoning Board of Adjustment, under conditions specified by this Zoning Code.

   41.   “Condominium” means 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.

   42.   “Conservation easement” means an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, wooded, or topographic condition, retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing slopes and land use.

   43.   “Convenience store” means any retail establishment offering for sale food products, household items and other goods commonly found in grocery stores, as well as retail gas sales, and having a gross floor area of more than 1,200 square feet but less than 5,000 square feet.

   44.   “Curb level” means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the City’s Engineer shall establish such curb level or its equivalent for the purpose of this Zoning Code.

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

   46.   “Developmental disability or developmentally disabled” means a disability of a person which has continued or can be expected to continue indefinitely and which is one of the following:

      A.   Attributable to mental retardation, cerebral palsy, epilepsy or autism.

      B.   Attributable to any other condition found to be closely related to mental retardation because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons or requires treatment and services similar to those required for the persons.

      C.   Attributable to dyslexia resulting from a disability described in either Subparagraph (A) or (B).

      D.   Attributable to a mental or nervous disorder.

      E.   Attributable to a brain injury.

   47.   “District” means a section or sections of the City for which regulations governing the use of buildings and premises, the heights of buildings, the size of yards and the intensity of use are uniform.

   48.   “District, overlay” means an overlay district which acts in conjunction with the underlying zoning district.

   49.   “Dog kennel” means a place where four or more dogs, over four months of age, are boarded, bred and/or offered for sale.

   50.   “Dwelling” means a residential building, or portion thereof, but not including hotels, motels, rooming houses, tourist houses, trailers or mobile homes except as hereinafter provided.

   51.   “Dwelling, attached” means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

   52.   “Dwelling, condominium” means a multiple dwelling as defined herein whereby the title to each dwelling unit is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units, with each owner having an undivided interest in the common real estate.

   53.   “Dwelling, detached” means a dwelling which is entirely surrounded by open space on the same lot.

   54.   “Dwelling, multiple” means a building or portion thereof used or intended to be used or occupied as the residence of three or more families or housekeeping units living independently of each other.

   55.   “Dwelling, single-family” means a detached building arranged, designed or intended to be occupied as the residence of a single family.

   56.   “Dwelling, single-family semi-detached” means 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.

   57.   “Dwelling, two-family” means a detached building that is arranged, designed or intended to be occupied as the residence of two families or housekeeping units living independently of each other.

   58.   “Dwelling unit” means a group of rooms, constituting all or part of a dwelling, which are arranged, designed, used, or intended for use exclusively as living quarters for one family and an aggregate of not more than two roomers or boarders, and which include complete kitchen facilities permanently installed.

   59.   “Easement” means a grant by the property owner to the public, a corporation, or persons of the use of a tract of land for a specific purpose(s).

   60.   “Family” means a group of individuals living and cooking together on the premises as one housekeeping unit, but a family does not include a group of more than four individuals not related by blood, marriage or adoption.

   61.   “Family home” means a community based residential home which is located 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 developmentally disabled persons and any necessary support personnel. However, family home does not mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa.

   62.   “Farm” means a tract of land which is used for the growing of vegetables, fruits, and grains, or for the raising of domestic poultry and animals. The term "farming" includes the operating of such area for one or more of the above uses and for such necessary accessory uses as treating or storing the produce, provided, however, that any such accessory uses shall be secondary to the normal farming activities and that such accessory uses do not include the commercial feeding of animals or poultry in confined lots or buildings.

   63.   “Farm dwelling” means a dwelling located on a farm and occupied by the owner or operator of the farm on which it is located.

   64.   “Feedlot” 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. The term does not include areas which are used for the raising of crops or other vegetation, and upon which livestock are allowed to graze or feed.

   65.   “Floodplain regulations” Chapter 152 Floodplain Management of Ventura Municipal Code is included in Ventura Zoning Ordinance by reference.

   66.   “Floor area (building)” means for the purpose of determining the floor area ratio, conversion of existing buildings, and maximum size of business establishments: The sum of the gross horizontal areas of the several floors, including the basement floor but not including the cellar floor, of the building; measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.

The floor area of a building shall also include elevator shafts and stair wells on each floor; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof; penthouses; attic space having head room of seven feet ten inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses provided that any space devoted to off street parking or loading shall not be included in floor area.

   67.   “Floor area, ground” means the area covered by a principal building measured from the exterior faces of exterior walls, including utility rooms but excluding open porches or open car ports, garages and terraces.

   68.   “Floor area ratio” means the numerical value obtained through dividing the gross area of a building or buildings by the net site area on which such building or buildings are located.

   69.   “Foster child care” means the care and education of not more than five children unrelated to the residents by blood or adoption.

   70.   “Frontage” means all the property on one side of a street between two intersecting (crossing or terminating) streets 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.

   71.   “Garage, maintenance and repair” means any building where automotive vehicles are painted, repaired, rebuilt, reconstructed and/or stored for compensation.

   72.   “Garage, private” means an accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business service or industry connected with motor vehicles is carried on.

   73.   “Garage, public” means any building or premises, except those described as private garages or storage garages, used for the storage or care of self-propelled vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

   74.   “Garage, storage” means any building or premises used for housing only of motor driven 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.

   75.   “Gasoline filling station” means any building or premises used for the sale, at retail, of motor vehicle fuels, oils or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of bodies or fenders of motor vehicles, or painting motor vehicles.

   76.   “Grain elevator” means a structure or group of structures whose purpose is limited to the receiving, processing, storage, drying and transporting of bulk grain.

   77.   “Greenhouse” means a building or accessory structure constructed chiefly of glass or other translucent material, which is devoted to the protection or cultivation of flowers or other tender plants.

   78.   “Group home” means any building used for residential purposes for a group of persons with a similar disadvantage, but limited to physically handicapped or mentally handicapped.

   79.   “Halfway house” means a facility designed or used to house and monitor those persons preparing to re-enter the mainstream of society during recovery or after having recovered from a social, emotional, or psychological reversal.

   80.   “Health club” means 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.

   81.   “Home occupation” means any occupation carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate not more than two square feet in area or 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; there is kept no stock in trade nor commodity sold upon the premises; no mechanical equipment is used except such as is permissible for purely domestic or household purposes; the use occupies no more than 25 percent of the gross floor area of the residence.

   82.   “Homeowners or property owners association” means 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.

   83.   “Hospital” means an institution licensed by state law providing health services primarily for human in patient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

   84.   “Hotel” means a building used as the temporary abiding place of more than 20 persons who are for compensation lodged with or without meals.

   85.   “Institution” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

   86.   “Junk yard” means an area of any lot which is used for the storage, abandonment or keeping of junk, including scrap metals, or scrap materials, or for the abandonment or dismantling of machinery, automobiles or other vehicles or parts thereof.

   87.   “Kennel” means any premises on which four or more dogs, or four or more cats, or any combination thereof exceeding four in number, which are six months or older, are kept; or the keeping of dogs or cats, regardless of number, for sale, breeding, boarding or treatment purposes.

   88.   “Lakeshore line” means the high water line of Clear Lake, which for the purpose of this Zoning Code shall be considered at an elevation of 190.43, based on City of Clear Lake, Iowa, datum.

   89.   “Laundromat, self-service” means a business that provides home type washing, drying and/or ironing machines for hire to be used by customers on the premises.

   90.   “Licensed day-care center” means a facility licensed by the State, whether situated within the City or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, of less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.

   91.   “Lodging house” means a building where lodging is provided for compensation for five or more, but not exceeding 20 persons not members of the family there residing.

   92.   “Lot” means a parcel of land occupied or intended for occupancy by use permitted in this Zoning Code, including one main building together with its accessory buildings, open spaces and parking spaces required by this Zoning Code, and having its principal frontage upon a street.

   93.   “Lot area” means the area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.

   94.   “Lot, corner” means a lot which has at least two adjacent sides abutting upon a street.

   95.   “Lot, depth of” means the average horizontal distance between the front and rear lot lines.

   96.   “Lot, double frontage” means an interior lot having a frontage on two non-intersection streets, as distinguished from a corner lot.

   97.   “Lot, interior” means a lot other than a corner lot.

   98.   “Lot lines” means the lines bounding a lot as defined herein.

   99.   “Lot of record” means a lot which is a part of a subdivision, the map (plat) of which has been recorded in the office of the County Recorder.

   100.   “Lot, reversed corner” means a corner lot where the street-side lot line is substantially a continuation of the front lot line of the first lot to its rear.

   101.   “Lot, width” means the width of a lot measured at the building line and at right angles to its depth. On corner lot, the width of the lot shall be that which has the least dimension.

   102.   “Manufactured home” means a factory-built single-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Section 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 permanently attached to its body or frame any wheels or axles. 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, manufactured home shall be considered the same as any site built single-family detached dwelling.

   103.   “Marina” means a facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure water craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests.

   104.   “Mini-warehouse” means a building or group of buildings not more than one story or 20 feet in height and not having any dimension greater than 150 feet per building, containing varying sizes of individualized, compartmentalized, and controlled access stalls or lockers for the dead storage of customer's goods or wares, excluding junk, explosive, or flammable materials, and other noxious or dangerous materials, including, if any, caretaker or supervisors' quarters as an accessory use. No business activities other than rental of storage units shall be conducted on the premises.

   105.   “Mobile home” means a transportable, single-family dwelling unit, enclosure which can be used for year-round living purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings, and which has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means and containing, but not limited to, flush toilet, bath, kitchen and heating facilities, and plumbing and electrical connections for attachment to outside systems.

   106.   “Mobile home park” means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use.

   107.   “Motel” means a permanent building or group of buildings so arranged or designed primarily for temporary occupancy, so laid out as to provide space for parking vehicles used by the traveling public. Such building or group of buildings may include living quarters for the use of operating personnel.

   108.   “Motor freight terminal” means a building in which freight by motor truck is assembled and sorted for routing in intrastate or interstate shipment.

   109.   “Motorized home” means a portable structure designed and constructed as an integral part of a self-propelled vehicle to render it suitable for use for temporary living purposes.

   110.   “Net site area” means the area inside of lot lines, exclusive of streets and alleys.

   111.   “Nonconforming structure” means any structure or building lawfully constructed prior to the effective date of this Zoning Code (or amendment thereto) which does not conform with the bulk regulations of the district in which it is located.

   112.   “Nonconforming use” means lawful use of a building or land at the time of the enactment of this Zoning Code or amendment thereto, which use does not conform with the provisions of this Zoning Code for the District in which it is located.

   113.   “Office” means a place where business or services for others is transacted, and not a place where chattels or goods, wares or merchandise are commonly created, exchanged or sold.

   114.   “Off-premise advertising” means any sign, insignia, or other advertising as defined in this ordinance, which appears other than on the premise of the advertiser.

   115.   “Open sales lot” means any land used or occupied for the purpose of buying and selling second hand passenger cars and/or trucks, farm machinery and equipment or for the storing of same prior to sale.

   116.   “Parking area or lot, off-street” means an area which includes the parking space plus the maneuvering space required for the parking of motor vehicles. Space for maneuvering incidental to parking or un-parking, shall not encroach upon any public right-of-way. Off street parking requirements will be considered to be met only when actual spaces meeting the zoning requirements are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the City.

   117.   “Parking space” means an area enclosed or unenclosed, nine feet by 19 feet in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

   118.   “Permitted use” means a use which by right is specifically authorized in a particular zoning district.

   119.   “Planned unit development” means a development held in unified ownership or control which includes two or more principal buildings for which the specific requirements of a given district may be modified.

   120.   “Porch, open” 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.

   121.   “Principal building” means a non-accessory building in which the principal use of the lot on which it is located is conducted.

   122.   “Principal use” means the main use of the premises permitted outright in a particular zoning district as distinguished from a special use.

   123.   “Private road” means a right-of-way open to vehicular ingress and egress established as a separate tract for the common use and benefit of certain, adjacent properties. This definition shall not apply to individual driveways.

   124.   “Public notice” as used in the Zoning Code means the publication of the time and place of any public hearing, by one publication, in a newspaper of general circulation, which notice shall be published at least seven and not more than 20 days prior to the date of hearing.

   125.   “Recreational vehicle” means a vehicular type camping unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping or tent trailer, truck camper, and motor home or coach.

   126.   “Recreational vehicle site” means a plot of ground within a recreational vehicle park intended for the accommodation of two or more recreational vehicles, tents, or other individual camping units on a temporary basis.

   127.   “Research laboratory” means a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation but no facilities for the manufacture of products for sale.

   128.   “Residential” means regularly used by its occupants as a permanent place of abode, which is made one's home as opposed to one's place of business and which has housekeeping and cooking facilities for its occupants only.

   129.   “Residential care facility” means any institution, place, building or agency providing for a period exceeding twenty four consecutive hours accommodation, board, personal assistance and other essential daily living activities to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis.

   130.   “Restaurant” means an establishment that prepares and serves food and beverages to persons for immediate consumption.

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

      B.   “Drive-in”: 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.

   131.   “Rest home (nursing home)” means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of disease injury, nor does it provide care for maternity or mental illness.

   132.   “Rooming house (tourist home)” means a residential building, or portion thereof, containing lodging rooms which accommodates three or more persons who are not members of the keeper's family. Lodging or meals or both are provided for compensation on a weekly or monthly basis.

   133.   “Satellite antenna – satellite dish” means any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter relay located in planetary orbit.

   134.   “Service station” means 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 service 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 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. A service station is not a commercial garage nor a body or fender shop.

   135.   “Setback” means a line parallel with the street line and at a distance equal to the depth of the front yard as required by this Zoning Code.

   136.   ”Sexually oriented business”: Chapter 124 Sexually Oriented Businesses of Ventura Municipal Code is included in Ventura Zoning Ordinance by reference.

      A.   Section 124.02, Definitions.

      B.   “Adult” as used in this Ordinance refers to a person who has attained the age of 18 years.

      C.   “Adult Massage” means 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 consideration or gratuity.

      D.   “Adult Massage Establishment” means 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 (1) persons licensed by the State of Iowa under the provisions of Chapters 148, 148A, 148B, 1509, 150A, 151, 152, 157 or 158 of the Code of Iowa, when performing massage services as a part of the profession or trade for which licensed; (2) persons performing massage therapy or massage services under the direction of a person licensed as described in (1) above; (3) persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician; (4) 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 (1) above; (5) an athletic coach or trainer (i) in any accredited public or private secondary school, junior college, college or university, or (ii) employed by a professional or semi-professional athletic teams or organization, in the course of his or 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 nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, or recreational and athletic facilities, and facilities for the welfare of the residents of the area.

      E.   “Adult Art or Adult Modeling Studio” means 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.

      F.   “Adult Artist - Body Painting Studio” means an establishment or business which provides the services of applying paint or other substance whether transparent or non-transparent 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.

      G.   “Adult Bath House” means an establishment or business which provides the services of baths of all kinds, 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.

      H.   “Juice Bar” means any establishment where alcoholic beverages are prohibited and where for any form of consideration or gratuity, models, dancers, strippers, and similar entertainers perform in nude or semi nude for observation by patrons therein.

      I.   “Model Studio” means any establishment where for any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, or subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or seminude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.

      J.   “Model” means any person who for consideration or gratuity appears either nude or semi-nude to be either viewed, photographed, sketched, drawn, sculptured; to dance; to provide reading or counseling sessions; for body painting; to deliver a service or in connection with the sale of merchandise; or to present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

      K.   “Nude Encounter Parlor” means an establishment having a fixed place of business where any person, therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of viewing any person or persons or the actual encounter of any person or persons depicting, describing or relating to "specified sexual activities" as defined herein.

      L.   “Nude Photographic Parlor” means an establishment having a fixed place of business, where any person, association, firm or corporation therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of photographing any person or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein.

      M.   Any one or more of the above or similar uses, which are customarily not open to persons who have not attained the age of 18 years.

   137.   “Shopping center” means a grouping of retail businesses and service uses within a single master planned complex of one or more buildings with common parking facilities, access and open space.

   138.   “Storage Structure” shall mean one of the following definitions:

      A.   Membrane Storage Structure: A temporary structure consisting of a frame covered with a plastic, fabric, canvas, aluminum or other non-permanent material, which is used to provide temporary storage for vehicles, boats, recreational vehicles or other personal property. The term also applies to structures commonly known as hoop buildings or tent garages; but shall not apply to carports permanently or physically attached to the ground or other structure or temporary tents and canopies used for special events such as weddings or graduations.

      B.   On-Site Storage Structure: Any portable storage container, storage pod, storage unit, receptacle or other portable structure that is used for the storage of personal or commercial property, which is located outside an enclosed building. Their term does not include normal sheds, garages, outbuildings or membrane storage structures. The term “storage structure” shall not apply to a truck trailer or semi-trailer while it is actively being used for the transportation of materials, inventory or equipment and is temporarily located City of Ventura.

   139.   “Story” means that portion of a building, other than a cellar, 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 next above it.

   140.   “Story, half” means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

   141.   “Street” means a public or private thoroughfare, other than an alley, which affords access to abutting property.

   142.   “Structure” means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.

   143.   “Structural alteration” means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

   144.   “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

   145.   “Substantial improvement” means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent 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 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.

   146.   “Telecommunications antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure.

   147.   “Telecommunications tower” means a tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building or other structure.

   148.   “Telecommunications satellite dish antenna” means any antenna in the shape of a shallow dish, and the appurtenant equipment, used for the reception of communications (television or otherwise) from orbiting satellites or ground transmitters. This definition includes those satellite dishes less than three feet in diameter.

   149.   “Townhouse” means 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 homeowners association (council of co-owners) to assure access to the structural exterior of each townhouse unit by the individual unit owner.

   150.   “TV antenna – radio antenna” means any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals.

   151.   “Use” means the purpose of activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

   152.   “Warehouse” means a building used primarily for the storage of goods and materials.

   153.   “Yard” means 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 in this Zoning Code. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure.

   154.   “Yard, front” means a yard extending across the full width of the lot measured between the front line of the lot and the principal building or any projections thereof other than projection of the usual steps, unenclosed balconies or open porches.

   155.   “Yard, rear” means a yard extending across the full width of the lot and measured between the rear line of the lot and the principal building or any projections thereof other than projection of the usual steps, unenclosed balconies or open porches.

   156.   “Yard, side” means a yard between the principal building and the side line of a lot, and extending from the front yard line to the rear yard line.

   157.   “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.

   158.   “Zoning Administrator” means the person designated by the Council to administer the Zoning Code, and who is responsible for the enforcement of the regulations imposed by said Code.

   159.   “Zoning certificate/building permit” means a written statement issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the terms of the Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.

   160.   “Wind generators” means a structure used primarily to harness wind energy including such devices as wind generators, windmills, wind turbines and similar devices.