In the construction of this chapter the definitions contained in this section shall be applied, except when the context clearly indicates otherwise. As used in this chapter, the word “lot” includes the words “piece,” “plots,” “premises,” and “parcel;” the word “building” includes all other structures of every kind regardless of similarity to buildings; and the phrase “used for” includes the phrases “arranged for”, “designed for”, “maintained for”, and “occupied for”. The words “he” and “his” shall also include the female gender. The following terms are also defined for use in this chapter:

   1.   Words beginning with “A.”

      A.   “Accessory building or use” means any building, use, or activity which is conducted or located on the premises of the principal use served, clearly incidental to, subordinate in purpose to, and clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of an occupant, employee, customer, or visitor of or to the principal use. An accessory use shall not have the effect of establishing a use or structure not permitted in the zoning district it is in. Any accessory building shall not be built before the principal building or use on a lot. An accessory building or use shall not be larger than the principal building or use except in the Agricultural District and R-1 District where accessory buildings can be larger than the principal use but shall be approved individually under the conditional use provisions of this chapter.

      B.   “Agriculture” means the use of land and structures for agricultural purposes, including farming, pasturage, livestock, and poultry raising, horticulture, floriculture, and the necessary accessory uses for packing, treatment, or storing raw produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Agriculture does not include commercial feed lots for the confined feeding of any animals.

      C.   “Alley” means a public or private right-of-way primarily designated to serve as secondary access to the side or rear of those properties whose principal frontage and access is on a street.

      D.   “Automobile salvage yard” - See: “Junk or salvage yard.”

   2.   Words beginning with “B.”

      A.   “Bed and breakfast establishment” means any place of lodging that provides five or fewer rooms for rent, is the owner’s personal residence, and is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast. Guests shall not exceed seven consecutive days of occupancy. A bed and breakfast establishment is not considered a motel or a home occupation.

      B.   “Block” means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, and municipal boundary lines.

      C.   “Board” or “Board of Adjustment” means the administrative agency established pursuant to this chapter.

      D.   “Boulevard” means the space between a sidewalk (or the lot line or street right-of-way line in the absence of a sidewalk) and the street curb (or the traveled portion of the street in the absence of a curb).

      E.   “Building” means any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, or property of any kind, and which is permanently or temporarily affixed to the land. When a building is divided into separate parts, by party walls without windows, doors, or other openings, each part may be deemed by the Zoning Administrator as a separate building. There shall not be more than one principal building on one lot except as provided in Section 165.07(9).

   3.   Words beginning with “C.”

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

      B.   “Condominium” means individual ownership of each housing unit in a multi-unit housing structure with or without common property or a home-owners association.

      C.   “Convalescent home” or “rest home” or “nursing home” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled or injured persons, not including the mentally ill or inebriate or persons afflicted with contagious diseases.

   4.   Words beginning with “D.”

      A.   “Daycare center” means a family residence or any other building in which the owner or lessee operates as a business a service involving the care and supervision of children unaccompanied by parent or guardian for periods of less than 24 hours per day.

      B.   “Dwelling” means a building, or portion thereof, intended to be used for residential purposes. A dwelling may contain one or more dwelling units. References in the district regulations to “single-family dwellings,” “two-family dwellings” and “multiple-family dwellings” shall mean the number of dwelling units which may be located on a single zoning lot.

      C.   “Dwelling unit” means a house, apartment, group of rooms, or a single room occupied or intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants do not share living facilities with any other persons in the structure and which quarters have direct access from the outside of the building or through a common hall. No more than one family shall occupy a single dwelling unit.

   5.   Words beginning with “E.”

   6.   Words beginning with “F.”

      A.   “Family” means a person living alone, or any number of persons living together as a single-dwelling unit sharing common living, sleeping, cooking, and eating facilities.

      B.   “Family home” or “group home” means a community-based residential home which is licensed or certified by the State as one of the following: a residential care facility under Chapter 135C of the Code of Iowa, a child foster care facility under Chapter 237 of the Code of Iowa, or a supported community living facility under 441 IAC Chapter 77 of the Iowa Administrative Code, which provides 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, a family home does not mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa, or a halfway house.

      C.   “Farmers’ market” means an area designated by the Council to be used by producers of farm products for sale of such products.

      D.   “Frontage” means all the property abutting upon one side of a street measured along the right-of-way line.

   7.   Words beginning with “G.”

      A.   “Garden plot” means a parcel used for the growing of vegetables, flowers, etc., used for human consumption, but not for commercial sale.

      B.   “Gasoline service station” means any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles and other items customarily associated with the sale of such products, for the rendering of services to motor vehicles and the making of minor repairs. Gasoline service stations do not include body shops, the sale or storage of junk vehicles, or premises offering major automobile repairs, automobile wrecking, automobile sales, or automobile laundries.

      C.   “Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

   8.   Words beginning with “H.”

      A.   “Halfway house” or “rehabilitation center” or “home for adjustment” means a use providing board and room, recreational, counseling, and other rehabilitative services to individuals, of either sex, who by reason of substance abuse, conviction of violations of law, or societal adjustment problems require specialized attention and care in order to achieve personal independence. Individuals participating in a work release or similar program from a state institution, and under the supervision of a county, State, or local agency, are included within this definition.

      B.   “Height of building or structure” - See the “building height” illustration in the Appendix to this Code of Ordinances for methods of measuring building height. Also, see Section 165.06 for exceptions to height limits.

      C.   “Home occupation” means any occupation, profession, or other business conducted on a lot, the principal use of which is residential, by any of the following persons:

         (1)   A person who resides on the lot; or

         (2)   A person who does not reside on the lot and who is a direct descendant or the spouse of a direct descendant of the person who established and first conducted the business at such location (the “founder”); provided that there have been no periods in excess of two years in length during which the business has not been continuously conducted on the lot since it was first established by the founder; and further provided that the principal use of the lot at all times continues to be residential use by the founder, the surviving spouse of the founder, any direct descendant of the founder, or the surviving spouse of any direct descendant of the founder; and which business, occupation, or profession is or will be conducted in accordance with all of the following restrictions and conditions:

            a.   Such use is incidental to the residential use of the lot;

            b.   Such use does not effect any substantial change in the external appearance or arrangement of any building or in the character of the neighborhood;

            c.   Not more than one person who does not reside on the lot is employed in such use;

            d.   No substantial amount of stock in trade is kept or sold on the lot;

            e.   Not more than 50 percent of the floor area of one story of a dwelling on the lot is occupied by or devoted to such use;

            f.   There is no display or advertising of merchandise or services outside of any structure on the lot except for an identification sign not exceeding two square feet in size;

            g.   Such use does not occupy or involve any accessory buildings on the lot, except accessory buildings in existence prior to the commencement of such use which were not constructed or placed on the lot in anticipation of such use; and

            h.   Such use does not create any obnoxious side effects or other conditions significantly in conflict with the residential character of an area, such as smoke, gas, or dust emission; unusual water usage so as to cause water service problems in the area; discharge of troublesome pollutants to the sewer system; electrical or electronic interference; vehicular traffic in excess of what is normal in the area; or visible exterior structural components or mechanical fixtures which are not customarily present in a residential neighborhood.

The following activities or businesses are not allowed as home occupations: retail sales of merchandise; rental, repair or painting of trailers, vehicles or implements; restaurants; clinics; manufacture or reloading of firearms shells; food processing; repair of television, radio, or electronic equipment; private schools; kennels; or any kind of commercial animal care activity, except the grooming of household pets. As a general standard, permitted home occupations do not include the presence of bulk supplies of explosive, combustible, toxic or biological chemicals or materials which are a principal part of such business or activity, and which are always present on the premises. “Home occupation” may include the use by a professional person of his or her home for consultation, emergency treatment, or religious activities. A hobby is not considered a business or occupation.

      D.   “Hotel” means an establishment which is open to transient guests, as compared to a boarding, rooming, or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linens, telephone, and secretarial or desk service.

   9.   Words beginning with “I.”

   10.   Words beginning with “J.”

      A.   “Junk (or salvage) yard” means an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A “junk or salvage yard” includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. A junk yard shall be enclosed by a continuous solid fence at least eight feet high.

   11.   Words beginning with “K.”

   12.   Words beginning with “L.”

      A.   “Loading space” means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, and abutting on or affording direct access to a public street or alley, for the temporary parking of a commercial vehicle while loading or unloading cargo. No part of any public street or right-of-way shall be a part of or used as loading space.

      B.   “Lot” means a parcel of land which is either a “lot of official record” or a “zoning lot.” Unless otherwise specified or required by the context, “lot,” as used in this chapter, means “zoning lot.”

      C.   “Lot of official record” means (1) a parcel of land identified and described in a plat recorded in the office of the County Recorder; or (2) a parcel of land, including a portion of a platted parcel, which is described by metes and bounds or by any means other than a plat parcel designation and which has been conveyed by means of a recorded conveyance document which sets forth such description.

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

      E.   “Lot depth” means the mean horizontal distance between the front lot line and the rear lot lines of a lot, measured within the lot boundaries. See the “lot depth” illustration in the Appendix to this Code of Ordinances.

      F.   “Lot line, front” means the boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. In the case of a land-locked or partially land-locked lot, the front lot line shall be that lot line that faces the access to the lot. In the case of corner lots, both (or all) lot lines bordering public streets are front lot lines. Where the actual boundary of a lot extends into a public street easement, the front lot line, for purposes of this chapter is the boundary of the easement.

      G.   “Lot line, rear” means the boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line. However, corner lots shall not have any rear lot lines.

      H.   “Lot line, side” means any boundary of a lot which is not a front line or a rear lot line. However, for corner lots, any boundary which is not a front lot line shall be a side lot line.

      I.   “Lot width” means the horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yards setback line. See the “lot width” illustration in the Appendix to this Code of Ordinances.

      J.   “Lot, corner” means a lot located at the intersection of two streets or a lot bounded on two sides by a curving street two chords of which form an angle of 120 degrees or less measured on the lot side.

      K.   “Lot, double frontage” means a lot having frontage on two non-intersecting streets as distinguished from a corner lot.

      L.   “Lot, interior” means any lot which is not a corner lot or a double frontage lot.

      M.   “Lot, zoning” means a single tract of land, under common ownership and/or legal control, used as a unit or designated in a zoning permit application to be used, developed, or built upon as a unit. A zoning lot may be composed of all or part of one or more lots of official record all with the same zoning classification and under common ownership or legal control. A zoning lot shall be large enough to meet the various yard, area, and frontage requirements of this chapter.

   13.   Words beginning with “M.”

      A.   “Mobile home” means a housing unit built and assembled in a factory and transported to its residential parcel as a whole unit or in modular units. Mobile homes converted to real estate under Iowa law and fixed to a permanent, frost-free foundation are treated under this chapter in the same manner as other conventional, site-built family dwellings. Mobile homes which are not converted to real estate and fixed to permanent, frost-free foundations shall be located only in mobile home parks of the R-5 Zoning District; provided, however, mobile homes not in use for residential purposes may be parked for purposes of inspection, display, and sale at automobile or mobile home sales lots. No business shall be conducted in its entirety out of a mobile home except for conditional uses specified for the R-5 Zoning District and except for temporary offices. “Mobile home” includes “manufactured homes” as defined in Chapter 414.28 of the Code of Iowa.

      B.   “Mobile home park” means a lot designed, maintained, or intended for the purpose of supplying a long-term location or accommodations for two or more mobile homes, and includes all buildings or equipment used or intended for use by mobile home park residents. Mobile homes in mobile home parks which are converted to real estate under Iowa law must meet the same zoning standards as conventional, site-built dwellings. “Mobile home park” does not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for the purpose of inspection, display, and sale.

      C.   “Motel” means a combination or group of two or more detached, semi-detached, or connected permanent dwellings located on the same lot and used as a unit to furnish overnight transient living accommodations. A motel may include the permanent residence of the owner or manager of the motel.

   14.   Words beginning with “N.”

   15.   Words beginning with “O.”

   16.   Words beginning with “P.”

      A.   “Person” means any individual, firm, association, corporation, or body politic and includes any receiver, assignee, agent, or similar representative thereof.

      B.   “Planned development district” means a special zoning district for a parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent or planned land uses and zoning districts and which allows compatible mixed land uses. The developer or developers may be granted relief from specific land use regulations and zoning standards and may be granted certain concessions in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole. Such development may be allowed within one zoning district without the need to divide the development into several zoning districts. A planned development district requires a comprehensive site development plan before application may be made to rezone land to this district.

      C.   “Professional office” means the office of a doctor, dentist, chiropractor, minister, architect, landscape architect, professional engineer, accountant, lawyer, author, musician, or other recognized professional. Also see: “Home occupation.”

   17.   Words beginning with “Q.”

   18.   Words beginning with “R.”

      A.   “Rehabilitation center” - See “halfway house.”

      B.   “Rest home” - See “convalescent home.”

   19.   Words beginning with “S.”

      A.   “Setback” means the required minimum distance on a lot between every structure on the lot, including accessory buildings, and the front, side, or rear lot lines. Where a front lot line is established, for purposes of this chapter, by reference to the boundary of a public street easement, as provided in the definition of “front lot line,” the applicable setback shall be measured from the easement boundary.

      B.   “Setback line” means a line within a zoning lot parallel to a front, rear, or side lot line of the lot at a distance established by the yard setback requirement applicable to a lot in the zoning district in which the lot is located. A setback line establishes the interior boundary of a required yard and shall be either a front yard, rear yard, or side yard setback line. Corner lots shall have no rear yard setback lines and all corner lot setback lines which are not front yard setback lines shall be side yard setback lines.

      C.   “Shopping center” means a retail center consisting of two or more separately owned retail businesses located in one or more structures where either all structures are under common ownership or areas used in common by the businesses, such as parking or access to public streets, are under common ownership.

      D.   “Sign” - See City Sign Ordinance (Chapter 155 of this Code of Ordinances).

      E.   “Story” means that part of a building between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is six feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.

      F.   “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 not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

      G.   “Street” means all public rights-of-way, including streets, avenues, roads, alleys, highways, and public road easements in the City. This term includes all areas between the adjoining property lines. In cases where a street is created by easement only, the term includes the entire width of the easement. However, an alley shall not be deemed a street unless it is the only means of access to a lot.

      H.   “Structure” means anything constructed, erected, or excavated regardless of the place of construction, the use of which requires that it be permanently or temporarily affixed to or placed upon or in the ground or upon or in another structure. However, “structure” does not include sidewalks, driveways, street paving, ground level patios, vegetation, or other customary yard ornaments, utility lines, and related facilities, mobile homes located in mobile home parks of the R-5 Zoning District and outdoor furnaces for which outdoor furnace permits have been issued pursuant to Chapter 157 of this Code of Ordinances.

   20.   Words beginning with “T.”

      A.   “Trailer” means a movable or portable unit designed to be towed on its own chassis which is not designed for permanent or long-term residence. No business in its entirety shall be conducted out of a trailer except when used as a temporary office.

      B.   “Truck garden” or “truck farm” means a farm devoted to the production of and sale of unprocessed vegetables or other field products for human consumption.

   21.   Words beginning with “U.”

      A.   “Use” means a purpose or activity for which a lot or a structure thereon is designed, arranged, or intended, or for which it is occupied or maintained.

      B.   “Use, accessory” - See “accessory use.”

      C.   “Use, principal” means the main use of a lot or of the principal structure thereon as distinguished from a subordinate or accessory use. A “principal use” may be a “permitted use” or a “conditional use.”

      D.   “Utilities” means any public or private water supply, waste collection and/or disposal system including, but not limited to, septic systems, public sewage collection system and treatment facilities, gas, electrical, or television cable system, and associated utility structures and facilities.

   22.   Words beginning with “V.”

      A.   “Vision clearance triangle” means a triangular space at the street corner of a corner lot which is bounded by the street right-of-way lines and a line connecting two points on said street lines measured 20 feet back from the point of intersection. For purposes of vision clearance, triangle regulations under this chapter, a public alley shall be deemed to be a street.

   23.   Words beginning with “W.”

   24.   Words beginning with “X.”

   25.   Words beginning with “Y.”

      A.   “Yard” means a minimum open area required for a zoning lot, extending along all lot lines to the depth specified in the setback requirements applicable to a lot in the zoning district in which the lot is located. A yard must be unoccupied and unobstructed by buildings or other structures from its lowest level to the sky, except as provided in Section 165.06(2). No part of a yard in one lot shall be considered to be part of a yard in another lot. A yard shall be either a front yard, a side yard, or a rear yard.

      B.   “Yard, front” means a yard extending, in width, between the side lot lines and extending, in depth, between the front lot line and the front yard setback line. Front yards are illustrated in the Appendix to this Code of Ordinances.

      C.   “Yard, rear” means a yard extending, in width, between the side lot lines and extending, in depth, between the rear lot line and the rear yard setback line. Corner lots shall have no rear yards. Rear yards are illustrated in the Appendix to this Code of Ordinances.

      D.   “Yard, side” means a yard extending, in width, between the front yard setback line and the rear yard setback line and extending, in depth, between the side lot line and the side yard setback line. However, corner lots shall have no rear yards and all corner lot yards which are not front yards shall be side yards. Side yards are illustrated in the Appendix to this Code of Ordinances.

   26.   Words beginning with “Z.”

      A.   “Zero lot line development” means a housing development style intended to provide an opportunity for lower-cost single-family housing ownership use meeting the following minimum standards: Each housing unit has its own subdivided and deeded lot; minimum lot area for each housing unit is 5,000 square feet; minimum lot frontage is 60 feet or 80 feet for corner lots; and not over 35 feet high or two and one-half stories. Front yard setback requirements shall be the same as the zoning district in which such unit is located. The side yard setback may be zero for a single-family unit on one side of the lot provided that the lot abutting the zero side yard setback is held under the same ownership at the time of initial building construction. When the zero-foot setback provision is utilized, the setback must be zero. Setbacks greater than zero feet and less than 12 feet are not permitted. The opposite (to the zero setback) side yard setback shall be a minimum of 12 feet. No more than two zero-lot line units may be abutting each other on the same lot line provided each unit is constructed under a single ownership. No more than five such units may be constructed within every 400 feet of continuous block length. Any side yard setback abutting a lot under different ownership shall be a minimum of 12 feet. Zero-lot line developments shall be parallel to a public street so that the lot for each housing unit has frontage on the street and no housing unit is located to the rear of another housing unit. The Board of Adjustment may attach any additional conditions to zero-lot line development as authorized under Section 165.10 of this chapter.

      B.   “Zoning Administrator” means the officer designated by the Council as the officer responsible for enforcing and administering all requirements of this chapter.

      C.   “Zoning districts” means all zoning districts established by this chapter as shown in the City’s Official Zoning Map, which is incorporated herein by reference thereto. Zoning districts apply to all lands in the City except public rights-of-way.

      D.   “Zoning map” or “official zoning map” means the scaled map designating zoning district boundaries within the City of Waukon adopted by reference in Ordinance No. 465 on March 16, 1998, on file in the office of the Clerk, as amended from time to time thereafter.

      E.   “Zoning permit” means the written authorization issued by the Zoning Administrator to an applicant permitting the applicant to proceed with the erection, construction, alteration, enlargement, extension, reconstruction feet or moving of any building or structure or portion thereof, including the excavation of a basement for a structure, or the use of a lot or a structure thereon, and certifying that the applicant’s plans and proposed use comply with all applicable provisions of this chapter and that all other preliminary requirements, including the issuance of any other necessary permits, approvals or variances, have been satisfied.