For purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

1.   “Abutting” means having property or district lines in common.

2.   “Access” means a way of approaching or entering a property from a public street.

3.   “Accessory building” means a subordinate building located on the same lot with the main building, occupied by or devoted to, an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

4.   “Accessory use” means a use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent, or purpose, the principal lawful use or building.

5.   “Agricultural services” means establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services, and farm labor and management services.

6.   “Agriculture” means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, mules, or goats, or any mutations or hybrids thereof including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds; vegetables; or land devoted to a soil conservation or forestry management program. “Agricultural” shall not include livestock confinements of greater than 1,000 animals unless the owners of said facility reside on the premises.

7.   “Alley” means a public way, other than a street, 30 feet or less in width, affording secondary means of access to abutting property.

8.   “Basement” means a story having part but not more than one-half its height above grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five feet.

9.   “Bed and breakfast house” means a house or portion thereof where short-term lodging, rooms, and meals are provided. The operator shall live on the premises.

10.   “Board” means the Board of Adjustment.

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

12.   “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property, but not including signs or billboards and not including structures or vehicles originally designed for transportation purposes.

13.   “Building, height of” means the vertical distance from the average natural grade at the building line 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.

14.   “District” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.

15.   “Dwelling” means any building, or portion thereof, designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home.

16.   “Dwelling, multiple” means a building or portion thereof designed for or occupied exclusively for residence purposes by two or more families.

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

18.   “Elder home” means any residential facility which meets the definition of an elder home as defined in Section 414.29 and referenced sections of the Code of Iowa.

19.   “Family” means one or more persons related by blood, marriage, or adoption occupying a single dwelling unit. A family may include four, but not more than four, persons not related by blood, marriage, or adoption but further provide that domestic employees employed on the premises may be housed on the premises without being counted as a family or families. When facilities for dwelling purposes are rented to other occupants of a building, those occupants shall not be considered part of the same family under this chapter.

20.   “Family home” means a community-based residential home which is licensed as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel. However, family home does not mean an individual foster care family home licensed under Chapter 237.

21.   “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

22.   “Frost-free foundation” means a foundation supporting a structure which is required to be at least 42 inches below grade.

23.   “Garage” means a building or portion thereof in which a motor vehicle containing gasoline, distillate, or other volatile, flammable liquid in its tank is stored, repaired, or kept.

24.   Garage, Private means a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.

25.   “Garage, public or storage” means a building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.

26.   “Grade” means the average elevation of the finished ground at the exterior walls of the main building.

27.   “Health care facility” means any residential care facility, intermediate care facility, or skilled nursing facility.

   A.   “Residential care facility” means any institution, place, building, or agency providing for a period exceeding 24 consecutive hours accommodation, board, personal assistance, and other essential daily living activities to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis.

   B.   “Intermediate care facility” means any institution, place, building, or agency providing for a period exceeding 24 consecutive hours accommodation, board, and nursing services, the need for which is certified by a physician, to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity require nursing services which can be provided only under the direction of a registered nurse or a licensed practical nurse.

   C.   “Skilled nursing facility” means any institution, place, building, or agency providing for a period exceeding 24 consecutive hours accommodation, board, and nursing services, the need for which is certified by a physician, to three or more individuals not related to the administrator or owner thereof within the third degree of consanguinity who by reason of illness, disease, or physical or mental infirmity require continuous nursing care services and related medical services, but do not require hospital care. The nursing care services provided must be under the direction of a registered nurse on a 24 hour per day basis.

28.   “Home occupation” means an occupation conducted in a dwelling unit, provided that:

   A.   No more than one person other than members of the family residing on the premises shall be engaged at any one time on the premises in such occupation, except by special exception by the Board of Adjustment.

   B.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 30 percent of the gross floor area in the dwelling unit shall be used in the conduct of the home occupation. Any extension of the home occupation beyond 30 percent of the gross floor area of the dwelling unit shall only be approved by special exception of the Board of Adjustment.

   C.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building.

   D.   No home occupation may be conducted in any accessory building, except by special exception of the Board of Adjustment.

   E.   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by providing off-street parking and shall not be in a required front yard.

   F.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single- family residence. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

29.   “Hospital” means an institution which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care over a period exceeding 24 hours of two or more nonrelated individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the rendering over a period exceeding 24 hours of obstetrical or other medical or nursing care for two or more nonrelated individuals, or any institution, place, building, or agency in which any accommodation is primarily maintained, furnished, or offered for the care over a period exceeding 24 hours of two or more nonrelated aged or infirm persons requiring or receiving chronic or convalescent care; and shall include sanitariums or other related institutions. Provided, however, this shall not apply to hotels or other similar places that furnish only food and lodging, or either, to their guests. “Hospital” shall include, in any event, any facilities wholly or partially constructed or to be constructed with federal financial assistance, pursuant to Public Law 725, 79th Congress, approved August 13, 1946.

30.   “Hotel” means a building occupied as the more or less temporary residence of individuals who are lodged for compensation with or without meals, in which there are sleeping rooms or suites of rooms with no provision made for cooking in any individual room or suite of rooms, and entrance is through a common lobby or office.

31.   “Junk yard” means any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.

32.   “Kennel (commercial)” means an establishment in which dogs or domestic animals more than one year old are housed; groomed, bred, boarded, trained, or sold.

33.   “Lodging house” means a building originally designed for or used as single-family, two- family, or multiple-family dwelling, all or a portion of which contains lodging rooms or rooming units which accommodate persons who are not members of the keeper's family. Lodging or meals, or both, are provided for compensation. The term “lodging house” shall be construed to include: boarding house, rooming house, fraternity house, sorority house, and dormitories.

34.   “Lot.” For purposes of this chapter, a lot is a plot or parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

   A.   A single lot of record;

   B.   A portion of a lot of record;

   C.   A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

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

35.   “Lot frontage” means the front of a lot shall be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under “yards” in this section.

36.   Lot Measurements.

   A.   Width of a lot shall be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the building line; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line or front property line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac where 80 percent requirement shall not apply.

   B.   Depth of a lot shall be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

37.   “Lot of record” means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

38.   Lot Types. The following image illustrates terminology used in this chapter with reference to “corner” lots, “interior” lots, “through” lots, and “reversed corner” lots as follows:

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

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

   C.   “Through” lot means a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two non-intersecting streets may be referred to as “through” lots.

   D.   “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.

A – Width of lot

B – Length of lot

39.   A “manufactured home” shall be located and installed according to the same standards, including but not limited to, a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. A manufactured home is a factory-built structure, which is manufactured or constructed under the authority of 42 U.S.C. Section 5403 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site and which does not have permanently attached to its body or frame any wheels or axles. A mobile home as defined in Section 435.1 of the Code of Iowa is not a manufactured home, unless it has been converted to real property as provided in Section 435.26 of the Code of Iowa, and shall be taxed as a site-built dwelling. This section shall not be construed as abrogating a recorded restrictive covenant.

40.   “Mobile home” means any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings, and which is, has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means.

41.   “Motel” (also “motor hotel,” “motor court,” “motor lodge,” or “tourist court”) means a building or group of buildings designed to provide sleeping accommodations to transient guests for compensation, and provides near each guest room a parking space for the guest’s vehicle. A swimming pool, restaurant, meeting rooms, management offices and other such accessory facilities may be included.

42.   “Nonconformities” means lots, structures, uses of land and structures, or characteristics of uses, which are prohibited under the terms of the Zoning Ordinance but were lawful at the date of enactment of the ordinance.

43.   “Nursing or convalescent home” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled persons, not including insane and other mental cases, inebriate, or contagious cases.

44.   “Parking space” means an area of not less than 180 square feet either within a structure or in the open, exclusive of driveway or access drives, for the parking of a motor vehicle.

45.   “Parking (off-street)” means parking spaces solely developed on privately owned properties and not including any public right-of-way areas.

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

47.   “Principal use” means the main use of land or structures as distinguished from an accessory use.

48.   “Projections (into yards)” means parts of buildings such as architectural features that extend beyond the building’s exterior wall.

49.   “Service station” or” “gas station” means a building or premises used for dispensing or offering for sale at retail any automobile fuels, oils, or having pumps and storage tanks therefor, or where battery, tire, or any similar services are rendered, and where vehicles are not parked for purposes of inspection or sale.

50.   “Setback” means the required distance between every structure and lot line on the lot in which it is located.

51.   “Sign” means any advertising device or surface out-of-doors, on or off premises, on which letters, illustrations, designs, figures, or symbols are printed or attached and which conveys information or identification.

52.   “Sign, on-premises” means an advertising device concerning the sale or lease of the property upon which they are located and advertising devices concerning activities conducted or products sold on the property upon which they are located.

53.   “Sign, off-premises” means an advertising device including the supporting structure which directs the attention of the general public to a business, service, or activity not usually conducted or a product not usually sold upon the premises where such a sign is located. Such a sign shall not include: on-premises signs, directional or other official sign or signs which have a significant portion of their face devoted to giving public service information (date, time, temperature, weather, information, etc.).

154.   “Statement of intent” means a statement preceding regulations for individual districts, intended to characterize the districts and their legislative purpose.

55.   “Story” means that portion of a building 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 or roof 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 four feet above the top floor level. A half-story containing independent apartments or living quarters shall be counted as a full story.

57.   “Street” means all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.

58.   “Street line” means the right-of-way line of a street.

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

60.   “Structure” means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including other structures specifically exempted by City resolution.

61.   “Swimming pool” means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land or an above-surface pool, having a depth of more than 30 inches designed, used, and maintained for swimming and bathing.

62.   “Use” means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

63.   “Variance” means a device used by the Board of Adjustment which grants a property owner relief from certain provisions of a Zoning Ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money and which condition is not of the owner’s own making.

64.   “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, excepting as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. Fences and walls are permitted in any yard, subject to height limitations as indicated herein.

65.   “Yard, front” means a yard extending across the full width of the lot and measured between the front lot line and the building or any projection thereof, other than the projection of the usual steps or unenclosed porches. Corner lots shall have two front yards and two side yards.

66.   “Yard, rear” means a yard extending across the full width of the lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies, or unenclosed porches. On interior lots the rear yard shall be the opposite end of the lot from the front yard.

67.   “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building.

68.   “Zoning Administrator” means the local official responsible for reviewing zoning permits and following a determination by the Zoning Board of Adjustment for special exceptions and variances. Decisions of the official may be appealed to the Board of Adjustment. Permits are issued by the Zoning Administrator.

69.   “Zoning Commission” means a Commission appointed by the Council to recommend the boundaries of the various districts and appropriate regulations and restrictions to be enforced through this chapter.

70.   “Zoning district” means a section the City designated in the text of the Zoning Ordinance and delineated on the Zoning Map in which requirements for the use of land, the building and development standards are prescribed. Within each district, all requirements are uniform.

71.   “Zoning Map” means the map delineating the boundaries of districts which, along with the zoning text, comprises the Zoning Ordinance.

Where yards overlap, all regulations applying to either yard shall apply to that portion which overlaps.