The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned farmstead means a tract of land which was at one time a farm dwelling with its related outbuilding, but which has not been reclaimed for row crops or grazing agriculture. To be classified as an abandoned farmstead some visual evidence (such as buildings, foundations, shelter belts, well, etc.) must remain for the parcel's past status as a farmstead.

Accessory building (also accessory use) means a subordinate building or use, whose existence is incidental to that of the principal building or to the principal use of the premises.

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 "sex acts" 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.

Adult bookstore means an establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals or goods and items held for sale which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.

Adult day care means the care, supervision, or guidance of an adult over 18 years of age by a person other than the parent, guardian, relative, or custodian for periods less than 24 hours per day, on a regular basis in a place other than the adult's home.

Adult hotel or motel means a building with accommodations used for the temporary occupancy of one or more individuals and is an establishment wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas for observation by the individuals therein.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- 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 an emphasis on matter depicting or describing sex acts or specified anatomical areas.

Adult motion picture theater means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.

Adult photo studio means an establishment which, upon payment of a fee, provides photographic equipment or models for the purpose of photographing specified anatomical areas or sex acts, as defined herein.

Agriculture means the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture 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 and, provided further, that the above uses shall not include the commercial feeding of garbage or offal to animals.

Alley means a public thoroughfare, not more than 20 feet in width, for the use of vehicles, which affords only a secondary means of access to abutting property.

Alteration, structural, means any change in the load bearing members of a building, such as bearing walls, partitions, columns, beams or girders. The enlargement of the size or height of a building is construed to be a structural alteration.

Animal weight capacity means the product of multiplying the maximum number of animals which the owner or operator confines in the animal feeding operation or confinement feeding operation at any one time by the average weight during a production cycle.

Apartment means a room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family, located in a building containing two or more such rooms or suites or located in a building devoted primarily to nonresidential use.

Assisted living facility means residences that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. They may be combined with other types of housing such as congregate apartment housing for the elderly and residential health care facilities.

Attic means a space under a gable, hip or gambrel or other roof, the finished floor of which is, or would be, at or entirely above the level of the wall plates of at least two exterior walls, and the height of which, from the floor level to the highest point of the roof, does not exceed ten feet.

Basement means a story partly underground but having at least one-half of the height of one or more walls above the highest level of the adjoining ground. A basement is counted as a story under the provisions of this chapter. (See also Cellar.)

Board means the zoning board of adjustment.

Boardinghouse means a building other than a hotel, fraternity house or sorority house, where meals are regularly served for compensation to more than three persons not members of the family there residing.

Building means a structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattel. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building.

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 dwelling is situated on ground above the curb level, such height shall be measured from the level of the adjoining ground, at the front building wall, provided the distance from the building to the street line is not less than the height of the adjoining ground above the curb level. Where a dwelling is on a corner lot and there is more than one grade or level, the measurement shall be taken from the main entrance elevation.

Building line means a building setback line as established under the provisions of the International Building Code.

Building wall means the wall of the principal building forming a part of the main structure. The foundation walls of unenclosed porches or piazzas, steps and retaining wall or similar structure shall not be considered as building walls under the provisions of this chapter.

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 or any other bulk liquid products, where the aggregate capacity of all storage tanks is more than 12,000 gallons.

Business and technology park means a planned business development that features smaller office buildings, at a scale comparable to surrounding residential development, which are clustered in a park-like setting. Such developments are low intensity opportunities to provide employment near housing and create transitions between residential development and more intense uses.

Business or commercial means the engaging in the purchase, sale or exchange of goods or services, or the operation for profit of offices or recreational or amusement enterprises.

Carport means space for the storage or housing of motor vehicles and enclosed on not more than two sides by walls and is attached or detached to the principal building.

Cellar means a story having more than one-half of the height of all walls below the highest level of the adjoining ground. A cellar is not considered as a story for the purpose of this chapter. (See also Basement.)

Child day care means the care, supervision, or guidance of a child under 18 years of age by a person other than the parent, guardian, relative, or custodian for periods less than 24 hours per day, on a regular basis in a place other than the child's home.

Clinic, dental or medical, means a building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their profession. The clinic may include a dental or medical laboratory. It does not include in-patient care or operating rooms for major surgery.

Club or lodge (private) means an association of persons for the promotion of some nonprofit object, who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, except a fraternity or sorority, the use of such premises being restricted to members and their guests. It is permissible to serve food and meals to members and their guests on such premises provided adequate dining room space and kitchen facilities are available and are operated in compliance with state and local laws.

Co-office space means the co-location of more than one business where private offices are provided for each individual business, but common spaces such as mail/copying rooms, kitchenettes, conference rooms and reception areas are shared spaces.

Commercial feedlot means a feedlot within the jurisdictional zoning area adjacent to the corporate limits or feedlots and confinement buildings within the corporate limits of the city that are not owned and operated by the individuals living on the premises.

Confinement feeding operation means a feedlot or animal feeding operation in which animals are confined to areas that are totally roofed.

Convalescent home means a building or premises in or on which care is provided for two or more invalid, infirm, aged, convalescent, or physically disabled or injured persons, not including insane or other mental cases, inebriate, or contagious cases. Nursing homes are convalescent homes.

Court means an open, unoccupied space on the same lot and fully enclosed on at least three adjacent sides by walls of the buildings. An outer court is any court facing for its full required width on a street, or on any other required open space not a court.

Curb level means the mean level of the curb or established curb grade in front of a lot.

Dance studio means a place for persons engaged in the study of dance.

Deck means an unenclosed, roofless structure adjoined to the principal building or an accessory building or structure. All decks are subject to building and zoning regulations.

District means a section of the area of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

Driveway means the portion of private property improved, designed, and constructed for vehicular travel to public right-of-way. Improved means any nonorganic material/surface not to include black dirt or clay.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, but not including house trailers, mobile homes that have not been converted to real estate, hotels, motels, boardinghouses and lodginghouses, tourist courts or tourist homes. The minimum horizontal dimension of the main body of the dwelling unit shall not be less than 20 feet.

Dwelling, multiple-family, means a building designed for or occupied exclusively for residence purposes by more than two families.

Dwelling, single-family, means a building designed for or occupied exclusively for residence purposes by one family.

Dwelling, two-family, means a building designed for or occupied exclusively for residence purposes by not more than two families.

Efficiency living unit means any room having cooking facilities used for combined living, dining, and sleeping purposes and meeting the requirements of the International Residential Code and not exceeding 600 square feet of floor area.

Essential services means the erection, construction, alteration or maintenance by developers, public utilities, or governmental agencies of underground or overhead gas, telephone, television, electrical, wastewater, water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies or for public health or safety or general welfare.

Extraterritorial means existing or taking place outside the territorial limits of a jurisdiction.

Family means an individual, or two or more persons related to one another by blood, marriage, or legal adoption, including foster children, and not more than two roomers; or in the alternative, not more than five unrelated persons using common housekeeping and cooking facilities.

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, as well as for raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine. The term "farm" 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.

Feedlot/animal feeding operation means a lot, yard, corral, building or other area in which animals are confined and fed and maintained for 45 days or more in any 12-month period, including all structures used for the storage of manure from animals in the operation.

Food products, manufacturing and distribution, means a type of business that produces and distributes large quantities of food or food additives that are primarily sold to wholesale markets. The term "food products, manufacturing and distribution," includes manufacturers and distributors of baked goods, dried or canned goods, meats, spices, and like products.

Food products, processing and preparation, means a type of business that produces small to medium sized quantities of food for retail or wholesale markets. Food is processed or prepared, and packaged as a ready-to-eat product or a ready-to-cook product, which can include such items as cheese, candy, pre-portioned meals, and washed or cut fruits and vegetables.

Garage, private, means an accessory building or portion of a building used only for the shelter or storage of vehicles by the occupants of the dwelling, or the leasing of space as provided herein, including covered space or carport.

Garage, public, means a building or portion of a building in which motor vehicles are equipped for operation, repaired, stored or kept for remuneration, hire or sale.

Gasoline service station means a building or a portion of a building used chiefly in connection with tanks, pumps and other appliances, for supplying motor vehicles with gasoline, oil, compressed air, water and similar supplies. When the dispensing, sale or offering for sale of motor vehicle fuel at retail is incidental to the conduct of a public garage, the premises is classified as a public garage.

Gross floor area means the sum of the gross horizontal area of floors of a building, including interior balconies and mezzanines. All horizontal dimensions are to be between the exterior faces of walls.

Home occupation.

(1)

The term "home occupation," within the corporate limits, means an occupation or a profession conducted in a dwelling unit or within an accessory building which meets the following criteria:

a.

Is carried on by a member of the family residing in the dwelling unit and employs not more than one person outside the immediate family residing on the premises, provided that adequate parking is available on-site or within a designated street parking area;

b.

Is clearly incidental and secondary to the use of the dwelling unit for residential purposes;

c.

Has no exterior display, no exterior storage of materials, and no other exterior indications of the home occupation or variation from the residential character of the principal building other than one nameplate not more than two square feet in area;

d.

Does not occupy more than 720 square feet in area;

e.

Produces no offensive noise, vibration, smoke, excessive congestion, dust, odors, heat or glare rendering such building or premises objectionable or detrimental to the residential character of the neighborhood;

f.

Shall not exceed the expected amount of hazardous materials, liquids, and chemicals presenting a physical hazard and health hazard as defined by the city's adopted building code;

g.

Any home occupation not operating within these standards shall be subject to a municipal infraction and may be subject to an annual or semi-annual inspection with conditions as needed as a follow-up to the inspection; and

h.

Home occupations that involve an exterior activity or work that is performed off-site, where work done in conjunction with the home occupation does not take place within the confines of the structures on the premises or otherwise at the specified property, may employ an unlimited number of individuals. Such employees shall not gather, work, park, or otherwise associate at the actual residential home or property of the home occupation.

(2)

The term "home occupation," outside of the corporate limits but within the two-mile extraterritorial area, means an occupation or profession conducted in a dwelling unit or within an accessory building which meets the following criteria:

a.

A dwelling unit must be present and the owner of the business must use the residence as his principal residence;

b.

Must meet all bulk regulations of the district in which it is located;

c.

Does not employ more than three persons outside the immediate family residing on the premises (does not include employees working for the business that do not work on the home occupation site);

d.

Has no exterior display of machinery, enclosures, equipment, supplies, etc., no exterior storage of materials, and no other exterior indications of the home occupation or variation from the residential character of the principal building other than one advertising sign not more than 32 square feet in area;

e.

Shall not be objectionable to its surroundings due to nuisance factors such as exterior appearance, the emission of odor, gas, dust, smoke, noise, or in any other way;

f.

Shall not exceed the expected amount of hazardous materials, liquids, and chemicals presenting a physical hazard and health hazard as defined by the city's adopted building code;

g.

Does not occupy more than 720 square feet of the dwelling unit or not more than a total of 5,500 square feet of one or more accessory buildings; and

Any home occupation not operating within these standards shall be subject to a municipal infraction and may be subject to an annual or semi-annual inspection with conditions as needed as a follow-up to the inspection.

Hospital means an institution providing health services, primarily for in-patient, and medical and surgical care of the sick and injured, including as an integral part of the institution such related facilities as laboratories, central service facilities and staff offices.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 20 sleeping rooms usually occupied independently.

Junkyard, salvage yard or scrap yard means an open area on any lot or parcel of land which is used for storage, abandonment or keeping of junk, including scrap metals or scrap materials, or for the abandonment or dismantling of machinery, motor vehicles, or other vehicles or parts thereof.

Kennel means any lot, building, structure or premises whereupon or wherein four or more cats and/or dogs over two months of age are kept or maintained for any purpose, including boarding, daycare, and grooming for a consideration. Private or commercial kennels as a principal use shall meet all of the following requirements:

(1)

No dog having a disease harmful to humans shall be boarded or maintained in the facility.

(2)

Methods shall be used to reduce off-site noise which may include the use of sound barrier material or other approved insulation.

(3)

Adequate dog runs, either interior or exterior, must be provided for proper care and maintenance of the dogs. Exterior dog runs shall be at least 200 feet from any "R" District and shall not be used between the hours of 8:00 p.m. and 8:00 a.m.

(4)

The kennel shall have flushing drains which shall be connected to an approved sanitary facility, or another approved method, and other physical elements to properly dispose of cleaning and animal waste.

(5)

The kennel shall be air-conditioned and heated so that any windows, doors or other openings can be closed at times, except for ingress and egress into the building.

(6)

All State of Iowa regulations must be satisfied per Code of Iowa, ch. 162.

Lawful use means the legal use of a building or land existing on June 18, 1973, or for which a zoning permit has been issued thereafter.

Lodginghouse means a building or portion thereof, other than a hotel or motel, where lodging only is provided for compensation to four or more persons including roominghouses.

Lot means a parcel of land under one ownership on which a principal building and its accessories are or may be placed, together with the required open spaces, having its frontage upon one or more streets or public places, and may consist of:

(1)

A single lot of record, or a portion of a lot of record;

(2)

A combination of complete lots of record, or portions of lots of record;

(3)

A parcel of land described by metes and bounds, provided that in no cause of subdivision shall any residual lot or parcel be created which does not meet the requirements of this chapter.

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

Lot measurement.

Depth means the mean horizontal distance between the front and rear lot lines.

Width means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the minimum building setback line.

Lot of record means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the county recorder; or a parcel of land, the deed of which was recorded in the office of the county recorder prior to the adoption of this chapter.

Lot types.

Corner lot means a lot located at the intersection of two or more streets.

Interior lot means a lot other than a corner lot with only one frontage on a street other than an alley.

Double frontage lot means a lot with frontage on two non-intersection streets. The building lines will prevail in lieu of rear yard requirements.

Reversed corner lot means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

Massage parlor means any building, room, place or establishment, where manipulated massage or manipulated exercise is practiced for pay upon the human body with an emphasis on sex acts or specified anatomical areas, by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse or practical nurse operating under a physician's direction, physical therapist, registered speech pathologist and physical or occupational therapist who treat only patients recommended by a licensed physician and operate only under such physician's direction, whether with or without the use of mechanical, therapeutic or bathing devices. The term "massage parlor" shall not include a regular licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barber shops.

Micro-brewery, micro-winery, and micro-distillery means businesses that produce beer, wine and spirits on-site in small batches to serve local and regional customers.

Mobile home means any occupied vehicle used or so constructed as to permit it being used as a conveyance upon the public streets and highways and duly licensed as such, and shall include self-propelled or non-self-propelled vehicles so designed, constructed, reconstructed or added to by means of an enclosed addition or room in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons. Mobile homes of less than 20 feet in horizontal dimension shall be located within a mobile home park.

Mobile home converted to real estate means a mobile home, at least 20 feet in horizontal dimension, which has been attached to a permanent foundation on real estate, which has had the vehicular frame destroyed rendering it impossible to reconvert to a mobile home, and which has been inspected by the assessor, the mobile home title, registration, and license plates collected from the owner and the property entered on the tax rolls of the county. A mobile home converted to real estate will be considered a dwelling for purposes of this chapter.

Mobile home park means any site, lot, field, or tract of land upon which two or more occupied mobile homes 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 a part of such mobile home park.

Mobile office means a business that provides customers access to use standard office equipment, including such things as computers, wireless services, fax machines, private mail boxes, teleconferencing, and photocopying for a fee.

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.

Nonconforming building or structure means a building or structure which met all yard, area and building height regulations existing at the time of construction, reconstruction or extension but, because of changes in this chapter, does not meet all current regulations.

Nonconforming use means the lawful use of a building or land on the effective date of the ordinance from which this chapter is derived or amendment thereto, which use does not conform to the provisions of this chapter for the district in which it is located.

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.

Parking lot means an area of land, a yard or other open space on a lot used for or designed for use by temporarily standing motor vehicles, together with a driveway connecting the parking lot with a public place.

Parking space means a surfaced area, enclosed or unenclosed, on a lot sufficient in size (nine-foot by 20-foot minimum) to store one standard automobile, together with a driveway connecting the parking space with a public place, street or alley.

Personal services means retail services that provide personal grooming including care of a person's apparel.

Place of worship means:

(1)

A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs;

(2)

A special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

Porch, open, means a roofed structure open on two or more sides.

Preschool nursery means the facilities of any dwelling, institution or organization which, for-profit or nonprofit, are used in the temporary care of six children or more at any one time.

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

Professional office means any building or part thereof used by one or more persons engaged in the practice of law, accounting, architecture, medicine, engineering or other occupation customarily considered a profession.

Retail store means a place of business where goods are offered for sale to the consumer and not for resale.

Setback means the required distance between a lot line and the closest wall of a conforming structure on the lot. The normal overhang of eaves (less than or equal to two feet) is not included in this measurement.

Sex acts means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another, or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus.

Sexual encounter center means any business, agency or persons who, for any form of consideration or gratuity, provides a place where three or more persons may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.

Shop means a use devoted primarily to the sale of a service or products, but the service is performed or the product to be sold is prepared in its finished form on the premises. Packaging is not considered to be preparation.

Specified anatomical areas include the following: human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.

Street, front, means the street upon which a lot abuts. If a lot abuts upon more than one street or public place, it means the street designated as the front street in the owner's application for a building permit.

Street line means the dividing line between a lot and a public street or alley.

Street, public, means a public thoroughfare more than 24 feet in width.

Street wall means the wall of the principal building nearest the street under construction.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Tasting room means a type of eating and drinking establishment that has limited hours of operation and is used for purposes of tasting wine or other spirits made or sold on-site. Such establishments may also accommodate special events.

Towers, commercial communication, transmission and other similar towers, means tower structures including monopole, lattice or other structures designed or intended to support wires, transmission or receiving antenna, lights or other electronics, microwave, radio, television, line of sight relay devices or similar technology.

Used oroccupied include the terms intended, designed or arranged to be used or occupied."

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. A variance may be authorized only for height, width, length, or number of structures, number of items, and area/size of lots, yards, and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance or shall a variance be granted because of the presence of nonconformity in the zoning district or uses in adjoining zoning districts.

Yard, front, means the space, unobstructed to the sky, open for the whole width of the lot, extending from the nearest part of any structure on the lot to the front line.

Yard, rear, means the required open space, unobstructed to the sky, extending along the rear lot line (not a street line) throughout the whole width of the lot to the rear of the principal building.

Yard, side, means the required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard, measured from the nearest point on the building to the side yard line.

Zoning administrative officer means the individual appointed by the city manager to administer this chapter.

Zoning compliance permits means the permits issued by the zoning administrative officer authorizing the use of the land for the purpose specified in the document.

(Code 1996, § 121.02; Ord. No. 2021-1849, § 1, 8-16-2021)