For the purpose of this chapter, the following terms and words are interpreted or defined. As used herein, the word “building” includes the word “structure.”

1.   “Accessory building” means an unattached building or structure, the use of which is incidental to that of the main building. An accessory use is one which is incidental to the main use of the lot.

2.   “Adult,” as used in this chapter, refers to persons who have attained the age of 18 years.

3.   “Adult amusement or entertainment” means an amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to, “specified sexual activities” or “specified anatomical areas,” as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment which is not subject to State and/or local liquor laws or regulations.

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

5.   “Adult book store, video store, or gift shop” means a commercial establishment operated for the sale of, rental of, exchange of, or for any form of compensation, books, magazines, periodicals, or other forms of printed matter, video cassettes, or other video reproductions, slides, photographs, films, motion pictures, or other visual representations, and other instruments, goods, items, and other paraphernalia, distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specific sexual activities” or “specific anatomical areas” as defined below. Adult bookstores, video stores, or gift shops do not include businesses which sell, rent, or exchange such items as listed above as a minor sidelight or adjunct to the general purpose and sales intent of the business. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. A principal business purpose need not be a primary use of an establishment, so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.

6.   “Adult entertainment facility” means any building in which:

   A.   Entertainers routinely remove all or portions of their clothing as a part of their performance, regardless of whether the business has a license to sell alcohol; or

   B.   Entertainers allow patrons to observe specific sexual activities or specified anatomical areas involving such entertainers.

For the purpose of this section, an entertainer is a person who either works as an employee of the business, is an agent of the business, or an independent contractor who has been hired or is allowed by the business to perform for the apparent pleasure or gratification of the patron. Examples of adult entertainment facilities would include but would not be limited to such facilities as gentlemen’s clubs, strip bars, “full-nudity” juice bars, and nude modeling clubs.

7.   “Adult hotel or motel” means a building with accommodations used for the temporary occupancy of one or more individuals and is an establishment wherein a substantial and significant portion of the materials presented are distinguished or characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein, for observation by the individuals therein.

8.   “Adult movie theater” means an enclosed building used for presenting motion picture films, video cassettes, cable television, or other visual media, distinguished or characterized by emphasis on matter depicting, describing, or relating to “specific sexual activities” or “specific anatomical areas” as defined below, for observation by persons therein. For purposes of this section, the size and description of the viewing room shall not effect characterization of the building as a theater, however, nothing in this section shall be deemed to regulate the viewing habits of persons in the privacy of their homes.

9.   “Adult uses” includes adult amusement or entertainment, adult arcade, an adult book store, video store, or gift shop, adult entertainment facility, adult movie theater, and an adult hotel or motel.

10.   “Alley” means a permanent service way providing a secondary means of access to abutting lands.

11.   “Apartment” means a room or suite of rooms in a multiple dwelling, or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family.

12.   “Apartment house” - See “dwelling, multiple.”

13.   “Basement” means a story having more than 50 percent of its height below grade. A basement is counted as a story for the purpose of the height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

14.   “Bed and breakfast inn” means an owner-occupied dwelling unit that contains no more than six guest rooms where lodging is provided for compensation, with or without meals.

15.   “Boarding house” means a building other than a hotel where, for compensation, meals, or lodging and meals, are provided for three, but not more than 12, persons.

16.   “Building Official” means the Building Official for the City.

17.   “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property. When a structure is divided into separate parts by un-pierced walls extending from the footing up to the roof line, each part is deemed a separate building.

18.   “Building, height of” means 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.

19.   “Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

20.   “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” does not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

21.   “Condominium” means a building containing two or more dwelling units which are designed and intended to be separately owned in fee.

22.   “District” means a section or sections of the City for which the regulations governing the use of a building and lot, the height of buildings, the size of yards, and intensity of use are uniform.

23.   “Dwelling unit” means any building or portion thereof having one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating, and sanitation. The dwelling unit shall be constructed in compliance with the local, State, and federal requirements.

24.   “Dwelling” means any building or portion thereof which is designed for, or used for, residential purposes, and is not less than 26 feet in width.

   A.   “Dwelling, single-family” means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only. One-story minimum – 900 square feet; two-story minimum – 1,100 square feet.

   B.   “Dwelling, two-family” means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

   C.   “Dwelling, multiple-family” means a residential building designed for, or occupied by, three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

   D.   “Dwelling, manufactured or mobile home” means a portable or mobile living unit used or designed for human occupancy on a permanent basis. A travel trailer or recreational vehicle is not to be considered a manufactured or mobile home.

   E.   “Elder family home” means a private household owned and occupied by responsible party offering a social living arrangement for at least two but not more than five persons, who are not related to the person providing room and board, the majority of whom are 60 years of age or older, who require some assistance, encouragement, or social stimulation for adequate self-care, or to maintain physical, mental health, or personal safety. “Some assistance” means the care of physical property; personal care for one activity of daily living; or intermittent temporary personal care for up to three activities of daily living for no more than one month duration.

   F.   “Family” means one or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel as herein defined.

   G.   “Family child care home” means a residence where care, protection, and supervision are provided on a regular schedule, at least twice a week, to no more than six children.

   H.   “Group child care center” means a building or structure where care, protection, and supervision are provided on a regular schedule, at least twice a week, to at least seven children.

   I.   “Group home for the disabled” means a dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. As used herein, the term “disabled” means having:

      (1)   A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently.

      (2)   A record of having such an impairment.

      (3)   Being regarded as having such an impairment. However, “disabled” does not include current illegal use of, or addiction to, a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.

The term “group home for the disabled” does not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as incarceration.

   J.   “Home occupation” means any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is no sign used other than a name plate 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 no commodity sold upon the premises, 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. All of the uses herein shall be subject to the provisions of all applicable sections of this Code of Ordinances as determined by the Planning and Zoning Commission.

   K.   “HUD Code” refers to national construction standards specifically for manufactured housing developed and administered by the U.S. Department of Housing and Urban Development (HUD), established in response to requirements the National Manufactured Home Construction and Safety Standards Act, passed by Congress in 1974. Manufactured houses are sometimes called HUD homes.

   L.   “Manufactured home” means a factory-built structure built under authority of 42 U.S.C. §5403, and is required by federal law to display a seal from the United States department of housing and urban development, and was constructed on or after June 15, 1976. If a manufactured home is placed in a mobile home park, the home must be titled, and is subject to the mobile home square foot tax. If a manufactured home is placed outside a mobile home park, the home must be titled, and is to be assessed and taxed as real estate.

   M.   “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit it being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A “mobile home” is not built to a mandatory building code, contains no State or federal seals, and was built before June 15, 1976. If a mobile home is placed outside a mobile home park, the home is to be assessed and taxed as real estate.

   N.   “Mobile home park” means any site, lot, field, or tract of land under common ownership upon which two or more occupied manufactured housing units are harbored, either free of charge or for revenue purposes, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of such mobile home park.

   O.   “Modular home” means a residential unit built off-site and transported to an installation location that is designed to meet State or local building codes rather than the HUD Code. In Iowa, the home is required to display a seal issued by the State Building Code Commissioner.

25.   “Farm” means 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 the raising thereon of 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, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include the feeding of garbage or offal to swine or other animals.

26.   “Fence” means a barrier (as of wood or wire) to prevent escape or entry or to mark a boundary.

27.   “Garage, private” means a building or portion of a building in which motor vehicles used only by the tenants of the building or buildings on the premises are stored or kept.

28.   “Garage, public” means any garage other than a private garage.

29.   “Garage, storage” means any building 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.

30.   “Grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line. When the property line is more than five feet from the building, it shall be between the building and a line five feet from the building.

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

32.   “Hotel” means a building containing six or more guest rooms intended or designed to be used, or that are used, rented, or hired out to be occupied, or that are occupied for sleeping purposes by guests which is open to transient guests.

33.   “Lodging house” means a building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for a definite period, for compensation, for three or more, but not exceeding 12 individuals, not open to transient guests, in contradistinction to hotels open to transients.

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

   A.   “Lot, corner” means a lot abutting upon two or more streets at their intersection.

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

   C.   “Lot, double frontage” means a lot having frontage of two non-intersecting streets, distinguished from a corner.

   D.   “Lot of record” means a lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of the county in which the lot is located, or a parcel of land, the deed to which was recorded in the office of the County Recorder prior to the adoption of the zoning ordinance.

   E.   “Outlot” means a lot of record, within or without a subdivision upon which there is located no existing residential, commercial, industrial or mobile home improvement and/or upon which no specific use is enjoyed other than a farm use as defined in this chapter, or as may otherwise be set forth herein, and which lot is designated an “outlot” on any plat, survey or other depiction thereof.

35.   “Mini storage” means individual spaces within a building separated by a one hour fire wall, where no business is conducted, no mechanical work or other work is done of any kind. No toilet facilities are required unless office is included . Maximum size of space shall be 24 feet by 20 feet. No storage of combustibles, flammable materials, toxic, or tire storage shall be permitted.

36.   “Motel” means “hotel” as defined herein.

37.   “Nonconforming use” means any building or land lawfully occupied which does not conform after the passage of the Zoning Ordinance or amendment thereto, with the use regulations of the district in which it is situated.

38.   “Nursing home” means a facility for the transitional residency of not less than three elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility.

39.   “Open space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use for enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

40.   “Park” means any public or private land available for recreational, educational, cultural, or aesthetic use.

41.   “Parking space” means a durably surfaced area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, size being nine feet wide by 20 feet long.

42.   “Planning and Zoning Commission” or “Commission” means the Planning and Zoning Commission established in Chapter 22 of this Code of Ordinances, which Commission has powers set forth in such chapter and specifically the following powers vested in it by this chapter:

   A.   To make such surveys, studies, maps, plans, or plats of the whole or any portion of the City and of any land outside thereof which, in the opinion of the Commission, bear relation to a Comprehensive Plan and shall submit such plan to the Council with its studies and recommendation, and it may publish the same.

   B.   To prepare a Comprehensive Plan regarding the height, number of stories, and size of buildings and other structures; the percentage of ground which may be occupied; the size of yards, courts, and other open spaces; the density of population; and the use of buildings, structures, and land for trade, industry, residence, or other purposes; and to the end shall prepare a preliminary report and hold public meetings thereon, and after such meetings have been held, to submit its final report and recommendations to the Council.

   C.   To recommend to the Council, from time to time, as conditions require, amendments, supplements, changes, or modifications, in the Comprehensive Plan prepared by it.

   D.   To study and prepare preliminary plans to cope with, and keep abreast of, the anticipated future conditions for the future planning of the City.

   E.   To survey, study, and consider present and future street planning and traffic problems.

   F.   To survey and study plats of new subdivisions proposed for the City, and to submit its recommendations to the Council thereon.

   G.   To act upon applications for Planned Unit Development, as prescribed by Section 167.17.

43.   “Planned Unit Development (P.U.D.)” means a development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

44.   “Plant nursery” means any land used to raise trees, shrubs, flowers, and other plants for sale or for transplanting.

45.   “Research laboratory” means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Such facility shall not include nuclear research.

46.   “Retail store or shop” means a building which would include a food store or snack bar, including connected services or goods sold, as well as that which is used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils.

47.   “Satellite receiver” means a concave dish, or an antenna which is a device designed and intended to transmit, receive, or intercept microwave, television, radio, and other such signals or transmissions.

48.   “Service establishment” means a shop or activity where materials or objects are treated or repaired and where objects may be sold, such as a shop for repairing shoes, but does not include any establishment where large objects, or large quantities of material, are assembled and treated, such as a garage or plumbing shop.

49.   “Service station” means one or more buildings on the premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and incidental repair and maintenance may be obtained. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station is not a repair shop or body shop.

50.   “Specified anatomical areas” includes the following:

   A.   Less than completely and opaquely covered human genitalia, pubic region, buttocks, and female breast below the point immediately above the top of the areola; and

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

51.   “Specified sexual activities” includes displays of the following:

   A.   Any act of sexual intercourse, actual or simulated, including genital-genital, anal-genital, or oral-genital, whether between human beings or a human being and an animal.

   B.   Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed.

   C.   Masturbation or lewd exhibition of the genitals including any explicit, close-up representation of a human genital organ.

   D.   Physical contact or simulated contact with unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in the act of apparent sexual stimulation or gratification.

   E.   An act of sexual assault where physical violence or drugs are employed to overcome the will of, or to acquire the consent of, a person to perform sexual activities and the effects or results of the violence or drugs are shown.

52.   “Stable” means a building or land where animals are kept for remuneration, hire, sale, boarding, riding, or show.

53.   “Subdivision” means the division of land into two or more lots or parcels and/or improvements of one or more parcels which have not been subdivided including outlots.

54.   “Storage building” means either individual storage or joint storage of materials, with sanitary facilities, and which comply with all applicable City codes. Limited storage of chemical and combustible material may be required.

55.   “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 is no floor above it, then the space between the floor and the ceiling next above it.

56.   “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space no more than 60 percent of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with any by the occupancy of the floor immediately below.

57.   “Street” means a right-of-way, dedicated to and accepted for the public use, which affords the principal means of access to the abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place, or other appropriate name. A street may also be identified according to type of use, as described in the Thoroughfare Plan in Chapter 166 of this Code of Ordinances.

58.   “Structure” means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.

59.   “Substantial improvement” means: .

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

   B.   Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, to the same condition as before the damage occurred. For the purpose of this designation, “substantial improvement” is considered to occur when the first alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use.

   C.   Any addition that increases the original floor area of a building by 25 percent or more. All additions constructed after July 1, 1992, shall be added to any proposed addition in determining whether the increase in original floor space would exceed 25 percent.

60.   “Tourist or trailer camp” means an area containing one or more structures, designed or intended to be used as temporary living facilities of two or more families, and intended primarily for automobile transients, or providing spaces where two or more tents or auto trailers can be or are intended to be parked.

61.   “Travel trailer” means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

62.   (Repealed by Ord. 559-25 – Aug. 25 Supp.)

63.   “Villa” means a building containing two dwelling units, which are designed and intended to be separately owned.

64.   “Warehouse building and storage” means storage of materials and supplies, shipping and receiving, packing, etc. The building shall have sanitary facilities, including cold storage, combustible materials, and chemicals.

65.   “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 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, shall be as follows:

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

   B.   “Yard, rear” means a yard extending across the rear of a lot measured between the side lot lines, and being the minimum horizontal distance between 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 is considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard is, in all cases, at the opposite end of the lot from the front yard.

   C.   “Yard, side” means a yard between the foundation or side wall, whichever projects furthest, of the main building and the side line of the lot, and extending from the front lot line to the rear lot line.

66.   “Zoning Administrator” means the Zoning Administrator of the City.