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West Burlington City Zoning Code

165.03 DEFINITIONS

For the purpose of this Ordinance, certain terms or words are used in a limited or specific sense, as defined below.
Word or Term
Definition
Alley
a traffic-way of approximately 16 feet in width dedicated to public use which affords secondary means of vehicular access to the back or sides of properties otherwise abutting a street
Apartment
dwelling space which takes the form of a room or suite, along with dining and bath facilities, contained within a larger complex of dwelling units
Studio or efficiency apartment
An apartment unit in which the kitchen, living, and sleeping quarters are contained in a single room
Arterial street
any street or roadway designed to carry large volumes of traffic; in this case, referring to roads classified as arterials by the Iowa Department of Transportation
Assembly firm
a firm or company which performs the fitting together or assembling of pre-manufactured parts into a complete product, or component of a larger product
Assisted living facility or nursing home
an establishment or institution where accommodation and personal/nursing care is provided on a long-term basis, for 3 or more persons who are unable to care for themselves, due to advanced age and/or illness
Bar, tavern, or night club
any business where alcoholic beverages are sold for on-site consumption, but not including restaurants or similar establishments where the primary business activity is serving food; live entertainment or music, and space for dancing may be provided
Bed and breakfast
Similar to a hotel or motel, where temporary lodging is provided for guests or travelers, but situated in a private home, with a limited number of guest rooms
Billboard
a sign having more than 100 square feet of display surface, which is either erected and attached to the ground, or attached to or supported by a building or structure, for the purpose of displaying advertisements
Block
property having frontage on one side of a street and lying between two nearest intersecting or intercepting streets; block length requirements are found in Chapter 170, “Subdivision Regulations”.
Board of Adjustment
the officially designated Board appointed by the City Council under provisions of Chapter 414 of the Code of Iowa. The Board consists of five (5) members, one member being an appointee from the Planning and Zoning Commission
Boundary line
the line which separates a lot from adjoining lots, or rights-of-way
Front boundary line
the boundary line along the primary street on which the lot fronts
Rear boundary line
the boundary line that it is opposite to a front boundary line, separating it from an alley, or adjacent lots to the rear
Side boundary line
any boundary line which is not a front or rear lot line
Building
any structure designed or built for shelter, enclosure, support, or protection of people, animals, or property of any kind
Accessory building
a structure which is secondary or subordinate to the principal building on the same lot
Nonconforming building
a building, structure, or portion thereof, lawfully existing at the time of adoption of this Ordinance, which was designed, erected or structurally altered for a use that does not conform to the regulations of the district in which it is located; The same applies when an amendment is made to the Zoning Ordinance, which affects the building in question.
Temporary building
a building, office trailer, or piece of land to be used for a limited period of time while construction is taking place
Building area
the amount of land on a lot occupied by the principal and accessory buildings
Building height
the vertical distance from ground level to the highest point of the roof of the building, including cornices, gables, dormers, or the top of a pitched or hipped roof; ‘ground level’ refers to the average elevation at the corners of the exterior walls of a building
Building Inspector
the person designated by the City Council of West Burlington to act in the official capacity of inspector of buildings and property, and enforce all City and State building codes
Building permit
a permit signed and issued by the Building Inspector stating that a proposed improvement complies with provisions of this Ordinance and such other codes and ordinances as may be applicable
Existing building permits
building permits in existence prior to the enactment of this Ordinance, or any amendments to the Ordinance
Business
an enterprise involving the purchase, sale, or exchange of goods, wares, merchandise or services, as well as the maintenance or operation of offices, or recreational and amusement enterprises, for profit
Retail Business
a business engaged in the sale of commodities or goods directly to consumers, usually in smaller quantities
Wholesale Business
an establishment where goods, merchandise or commodities, including both raw materials and manufactured items, are sold in larger quantities for resale to retailers
Car wash
an establishment where the primary source of business is the cleaning and washing of vehicles with soap, water, wax, and associated equipment
Carport
a roofed structure providing space for the parking of motor vehicles, enclosed on no more than three sides; For the purpose of this Ordinance, a carport attached to a principal building shall be considered a part of the principal building and subject to all yard requirements
Cemetery
land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundaries of such cemetery
Certificate of occupancy
a certificate issued and signed by the Building Inspector, stating that the occupancy and use of land, or any buildings or structures on the property, has no apparent variance(s) with the provisions of all ordinances and codes of the City and the State of Iowa
City Engineer
the designated, licensed engineer for the City of West Burlington
Club
a building, or portion of building, owned or operated by a corporation, organization, or private individual(s) for a social, educational or recreational purpose, but not primarily for profit, or to render a service which is customarily carried on as a business
Commercial animal confinement operation
any place, structure, building or land where wild or domesticated animals are confined, housed, penned or stored for the purpose of feeding, holding for shipment, storing or holding prior to auction, whether for immediate or future sale
Comprehensive Plan
the adopted long-range plan for orderly growth and development of the City of West Burlington, covering such topics as transportation, utilities, parks and recreation, and land use
Community center
a building or group of buildings dedicated to a community’s civic, educational or recreational activities
Condemnation or eminent domain
the legal right of government to acquire, or “take” private property when it can demonstrate the property is being taken for public use or public purpose and that the owner will receive just compensation
Condominium
a multiple-unit dwelling in which the title of each dwelling unit is held in separate ownership, while the surrounding real estate (common grounds, passageways, etc.) is under shared ownership of the individual title holders
Convenience store
a business establishment with a limited range of household goods and groceries, often, but not always, in conjunction with a gas or service station
Conversion of dwellings
the conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of living units
Cul-de-sac
a minor street with a circular turnaround
Daycare or child care facility
any place, home, structure, or institution for the daytime care of three or more young children, by professional caregivers for compensation
Direct selling establishment
a business involving the marketing and selling of products directly to consumers away from a fixed retail location
Dormitory
A residence hall for students attending a college or university
Driveway
an access way for vehicles entering from, or exiting onto a public or private roadway
Duplex
a two-unit residence with separate entrances and exits for each unit
Durable surface
a surface providing an adequate base to support the traffic for which the area is designed (i.e. concrete)
Dust-free surface
a surface on which the creation of dust shall be controlled to prevent it from easily and regularly leaving the property
Dwelling
A building intended for residential occupation, which may include one or more individual dwelling units; Dwellings must conform to all current building, electrical, plumbing, fire, and safety codes.
Dwelling unit
An individual residence, used by one or more persons maintaining a common household; This may constitute the entirety of a building, or a portion thereof. This definition does not include a room in a hotel or motel, or a tent, cabin, trailer, motor home, recreational vehicle, or any other dwelling unit not placed on a permanent foundation.
Easement
the right given by the owner of a tract of land to another party for a specified limited use of that land, such as an access way or utility line
Essential services
the erection, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water systems or water transmission or distributing systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories, reasonably necessary for the furnishing of governmental agencies, and/or the public health, safety or general welfare
Fairgrounds
An outdoor area of land, set aside for holding a public fair, usually involving the exhibition of livestock and agricultural projects, as well as other special exhibition events
Family or household
one or more persons residing within the same dwelling unit
Farm
an area used for the growing of agricultural crops and/or the raising of livestock
Fence
a structure built for the purpose of physically separating adjacent areas of land, for one or more of the reasons listed below, as pertaining to specific types of fences
Boundary fence
a fence built for the purpose of delineating a property boundary between lots or parcels of land in separate ownership
Decorative fence
a structure used primarily for landscaping purposes.
Impound fence
a security fence used to keep hazardous materials or activities from becoming dangerous to the public, or to protect animals or children by keeping them on a property
Privacy fence
a structure used to provide a degree of privacy for residents of private property, by shielding parts of the property from outside view
Screening fence
a structure used to protect from view of the public, areas that might be offensive, unsightly or degrading to the neighborhood
Security fence
a structure placed in a manner to secure an area from unauthorized or undesirable entrance or exit
Front porch
A covered shelter projecting from the front of a dwelling, which may be a partially enclosed, open air space, or an entirely enclosed space
Garage
a detached accessory building, or portion of a principal building, primarily designed to house motor vehicles, or associated tools and equipment
Municipal or public garage
a garage for use by a public or quasi-public entity or department
Private garage
a garage included on the property of a residential dwelling, for use by the occupants of that dwelling
Gas station
a place where gasoline, diesel oil, kerosene, or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public, often in conjunction with a convenience store
Grade level
the elevation of the land surface on a property, and the baseline used to measure the height of the buildings and fixtures erected upon it
Home business
a circumstance where a residential dwelling is also used for an occupational activity, by a member of the household residing in the dwelling; this activity is of equal significance to its use as a dwelling, typically requiring the assistance of 1 or more additional employees
Home occupation
a circumstance where a residential dwelling is also used for an occupational activity, by a member of the household residing in the dwelling; this activity is secondary and incidental to its use as a residence, and requires no additional employees
Hospital
a place, institution, or facility for the treatment of the sick or injured, where patients may receive medical or surgical care as out-patients or in-patients
Hotel or motel
a building or a group of buildings used primarily for the temporary lodging of guests or travelers, which is offered to the public for monetary compensation, and supervised through an attendant of a central office at all hours
Impervious surface
any form of ground cover which prevents the ready absorption and retention of water during rainfall events, resulting in runoff; These surfaces include, but are not limited to: buildings, roads, driveways, walkways, patios, solid decks, and tennis courts.
Infill development
new development that occurs in an area of the City that is already surrounded by a concentration of developed (non-agricultural) land; This may involve redevelopment, on a property where the previous use has been removed or demolished, or development on land previously unoccupied by structures
Institution
a nonprofit or quasi-public place, establishment, or building, such as a church, library, private or public school, hospital or other healthcare treatment or assistance facility
Kennel
any lot or premises on which are kept four (4) or more dogs, cats or domesticated animals for, housed for temporary boarding, or for sale
Land Use Plan or Future Land Use Plan
the official land use plan, associated with the Comprehensive Plan, intended to guide the appropriate future development of land in the City of West Burlington
Laundromat
a for-profit establishment providing washing and drying machines or equipment to be used by patrons or customers on the premises
Livestock or farm animal
a domesticated animal kept or maintained for sale, lease or personal use by humans, including but not limited to: dairy animals, poultry, beef cattle, sheep, swine, horses, mules, or goats
Loading space
an off-street space or berth used for loading or unloading equipment, materials, or merchandise
Lot
an area of land comprised of one or more adjacent parcels under common ownership
Corner lot
a lot abutting the junction of two (2) or more intersecting streets
Interior lot
any lot other than a corner lot, with all of its frontage along a single street
Through lot
a lot with frontage on two non-intersecting streets, one on either side of the property.
Zoning lot
a single tract of land located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control
Lot area
the total area included within lot lines
Lot coverage
the percentage of the lot area covered by structures, including primary and accessory buildings
Lot depth
the mean horizontal distance between the front and rear lot lines
Lot of record
a lot which is part of a subdivision, the plat of which has been legally recorded
Lot width
the dimension of a lot, measured between side lot lines on the building line setback
Medical clinic
a place, institution, or facility where patients are admitted for examination, consultation or treatment by registered and licensed physicians, but not lodged overnight; see also “hospital”
Mixed use
a situation in which a building or property with multiple uses contains more than one type of Principal Use (residential, commercial, or industrial)
Mobile home
a manufactured, portable dwelling unit used or designed for human occupancy on a permanent basis
Mobile home park
a lot or tract of land under single ownership which has been designed or improved and/or is intended to be used or rented for the occupancy of multiple mobile homes
Motor vehicle dealership
a business that sells new or used motor vehicles, with an inventory of vehicles stored on site, for public viewing
Motor vehicle repair business
an enclosed building, structure or place where motor vehicles and light trucks of less than five (5) tons are taken for work upon engines and other parts of the vehicle
Multiple use
a property or building which houses two (2) or more offices, businesses, or sales establishments that are compatible in character to one another
Office
a room, set of rooms, building or place where clerical, administrative, and similar professional activities are conducted; does not involve retail sales or manufacturing on site
Professional office
a small office, usually single-story, occupied by one or two users, tenants, or firms, which may include any of the following: civic, religious or charitable organizations, physicians, dentists, architects, engineers, lawyers, or finance, real estate, and insurance professionals
Office building
a larger office complex, with multiple distinct tenants, and/or multiple building stories
Outdoor sales
a place where goods, merchandise or products are regularly sold from an area not under a permanent roof, canopy or other protection; does not include garage or yard sales, which are infrequent, and do not constitute retail sales
Outdoor storage
the storage of goods, material or products in an area not within a building or structure, and not protected by any canopy or similar enclosure
Parcel
a defined area of land whose boundaries are established in a deed or plat which is recorded in the office of the recorder of Des Moines County, Iowa
Parking space
any surface area of such shape and dimensions as to be appropriate and usable for the temporary parking of a single motor vehicle, whether located along a street, in a separate off-street parking area, or a private driveway
Accessory parking area
a surface area with one or more parking spaces, intended to serve a specific building or business; This may be located on the same property as that place, or an adjoining or nearby property other than public right-of-way.
Off-street parking
any surface area that is separate from a public street or alley, designed for the temporary parking of a motor vehicle
Permeable pavers
any type of pavement material that allows the absorption of storm water through the surface; This is used as a functional substitute for an impervious pavement type that prevents such absorption
Person
a corporation, firm, partnership, association, organization, or any group acting as a unit, as well as a natural person
Planning and Zoning Commission
a seven (7) member commission, appointed by the City Council, that acts in an advisory capacity to the Council, upon matters concerning planning and zoning and to the application of Zoning and Subdivision Ordinances
Rain barrel or Cistern
A device designed to collect and store rainwater from the roof of a building, diverting it before it results in runoff, or enters a storm sewer
Rain Garden
A shallow depression of ground that is planted with deep-rooted native plants and grasses, for the purpose of absorbing storm water runoff from impervious surfaces
Recreational vehicle
a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven, and primarily designed as a temporary living accommodation for recreational camping and travel use; This includes, but is not limited to: travel trailers, truck campers, camping trailers and self-propelled motor homes
Recreational Vehicle Park (RV Park)
means real property made available to persons for temporary camping, whether by camper, recreational vehicle, or similar device, and includes the outdoor recreational facilities located on the real property. “Recreational vehicle park” does not include a manufactured home community or mobile home park.
(Ord. 856 – Jan. 25 Supp.)
Recreational area (public)
an area designated by the City, State, County or Federal Government for members of the public to use for athletic or leisure activities
Restaurant
a business where the principal operation involves the preparation, dispensing, and consumption of food and beverages, including cafes, cafeterias, coffee shops, diners, tea rooms, and dining rooms; This definition does not include bars, taverns, or night clubs.
Sit-down or dine-in restaurant
a dining establishment where food is consumed on site, and prepared for individual patrons after placing an order
Fast food or carry-out restaurant
a quick service restaurant where food is consumed at indoor or outdoor tables, or taken off the premises, often including a drive-thru facility
Rezoning
a change in designation or boundaries of the Zoning Map, involving one or more land parcels
Right-of-way
the land on which the public has a right to pass, not considered part of a specific lot or parcel
Salvage yard or junk yard
a lot, land area or structure used for the collection, storage, or sale of waste paper, rags, scrap, metal, inoperable vehicles or discarded materials, or for the collection, storage, dismantling, and salvaging of machinery, parts, materials or vehicles; the term “junk yard” includes storage facilities for towing businesses, auto wrecking yards, and metal crushing or compacting yards
School
any institution - publically or privately owned - whose primary purpose is education in a particular discipline
Elementary, middle, or high school
any general educational institution for students typically in the range of 5 to 18 years of age
College or university
a post-secondary educational institution, with emphasis in many branches of advanced learning
Nursery school, or preschool
a school for young children, typically in the range of 3 to 5 years of age
Trade, technical, business, or vocational school
a post-secondary institution for education in a specific professional field or trade
Screening
the use of certain materials to shield one type of land use from an adjacent use that is incompatible, and provide insulation for visual nuisances or noise; This may involve fencing, a physical wall, shrubbery, or other landscaping features
Service station
one or more buildings or structures on a property where gasoline, oil, grease, batteries, tires, shock absorbers, brakes, tune-ups, and motor vehicle accessories may be supplied and dispensed at retail; Incidental repairs and maintenance may be obtained.
Setback
the required distance that a principal or accessory building must be positioned from the front, rear, or side lot lines
Front setback
the distance from the front lot line to the primary front wall of the structure, not including open-air porches, decks, balconies, bay windows, or other overhang features and projections; For corner lots, the distance between the side wall of the structure and the side street is functionally considered a front setback
Side setback
the distance from the side lot line to the primary side wall of the structure, not including open-air porches, decks, balconies, bay windows, or other overhang features and projections; When the two sides are not of even width, “least width” refers to the side with the smaller width, and “sum least width” refers to the combined total width of both sides
Rear setback
the distance from the rear lot line and the primary rear wall of the structure, not including decks, balconies, bay windows, or other overhang features and projections
Shopping center
an adjacent grouping of retail stores and service establishments, with ample parking provided, in which facilities are either under one roof, with stores facing the enclosed area for pedestrians and shoppers, or merely share the same parking facilities and external access points, designed to serve a neighborhood, community, or regional market
Sidewalk
a paved surface on public right-of-way, used as a pedestrian walkway, and usually parallel to and separated from the street
Sign
any medium, including its structure and component parts, which is used to attract attention to the subject matter for identification, description or advertising purposes
On-site sign
a sign erected on the property to which it is calling attention
Off-site sign
a sign erected on a property separate from the one to which it is calling attention
Storage
a place for temporary or long-term safekeeping of goods
Story
the space between two subsequent floor levels of a building; When the average story height of a building exceeds 12 feet, each 12 feet of the total building height shall be functionally considered a full story, except the first story, which may be 15 feet high
Streets
passages or ways providing the primary means of vehicular travel through the community
Structure
anything built or constructed, sitting on a permanent location on the ground, or attached to something having a location on the ground
Structural alterations
any change in the support features of a building, including, but not limited to: bearing walls, load-bearing partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls
Subdivision
the division or re-division of a tract or parcel of land into two (2) or more lots, plots, sites, or other divisions of land, for the purpose of transferring ownership or preparing for immediate or future development; It can also refer to the consolidation of parcels, for the same purpose
Subdivision Ordinance
the ordinance approved, adopted and recorded by the West Burlington City Council, which outlines specific rules and regulations concerning the division, subdivision, resubdivision, or consolidation of land, tracts, parcels, plots, sites or lots, as well as the standards and rules governing plats and subdivisions, which shall be complied with before a subdivision is legally recognized and recorded in the Des Moines County Recorder’s office
Swimming pool
a tank of water either above or below grade level, in which the depth of water exceeds two (2) feet; may include hot tubs and Jacuzzis
Townhomes
three or more attached dwellings in a continuous row, each situated on a separate lot, and separated from one another by a common or party wall, constituting the “zero-lot line”
Trailer
a vehicular, portable structure built on a chassis, not constituting a mobile home or recreational vehicle, designed to be towed behind a motor vehicle
Truck terminal
a structure, building, or place where large trucks load, unload, dispense, pick up and temporarily store merchandise or materials, which is located at either end of a carrier line, or a junction point with other lines, with classifying yards, docks, and management offices
Use
the purpose or activity for which land or buildings are designed, arranged, intended, occupied or maintained
Accessory use
any activity which is secondary or subordinate to the principal use present on the same lot
Nonconforming use
a use which lawfully occupies a building or lot at the time of adoption of this Ordinance, but which no longer conforms with the requirements of the district in which it is located; The same applies when an amendment is made to the Zoning Ordinance, which affects the property in question
Permitted use
any use that is allowed by permit in a given Zoning District, subject to the restrictions applicable to that District
Prohibited use
any use that is not identified as a permitted, temporary, accessory, or special use for a given District, according to this Ordinance
Principal use
the primary use of a particular lot, whether this is the only use present, or is accompanied by other, secondary uses
Special use
a use that is permitted in a given District, but only upon authorization from the Board of Adjustment
Temporary use
the short-term use of a building or lot in any District for a purpose or use that does not conform to the regulations prescribed in this Ordinance, provided that such use be of a true temporary nature, and not involve the erection of permanent buildings
Variance
the relaxation of terms, or deviation from the requirements of this Ordinance, as requested and applied for by an individual property owner, and approved by the Board of adjustment, upon determination that certain necessary conditions exist. See Section 165.24
Veterinary clinic
a building or facility where sick or injured animals may receive veterinary care as out-patients or inpatients
Warehouse
a structure or building for the deposit or holding of merchandise, commodities, materials or goods, not to be used as a direct selling establishment, whether retail or wholesale
Wind Energy System
An electrical generating facility comprised of a wind turbine and accessory facilities, including, but not limited to: power lines, transformers, substations, and meteorological towers
Zoning
the regulation of the use of private property, for the purpose of promoting the orderly development of the community
Spot zoning
a discouraged practice where the Zoning of a small area of property differs arbitrarily from that of the surrounding area
 
Yard
an open area of land, part of a larger property, which is unoccupied by buildings, and unobstructed by paved surfaces
Front yard
an open space extending across the width of a lot, between the principal building and the front lot line
Rear yard
an open space extending across the width of a lot, between the principal building and the rear lot line.
Side yard
an open space extending from the front yard to the rear yard, between the principal building and the side lot line