West Des Moines City Zoning Code
CHAPTER 2
ZONING RULES AND DEFINITIONS
9-2-1: RULES OF WORD CONSTRUCTION:
A. The present tense includes the future tense, the singular number includes plural, and the plural number includes the singular.
B. The word shall is mandatory, the word may is permissive.
C. The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied.
D. The word "lot" includes the words "plot" or "parcel", and all other words or phrases used to denote an individual site which complies with the minimum provisions of this title. (Ord. 430, 8-11-1969)
9-2-2: DEFINITIONS:
ACCESSORY: A structure or building containing a use or serving a purpose customarily incidental or subordinate to and facilitating the implementation of or operation of the primary use of the principal building or principal use on the lot.
ACCESSORY BUILDING, ATTACHED: A building that serves an accessory use or purpose to the primary building or use on a parcel and which is constructed as part of the principal building, or connected to the principal building by a breezeway or similar structure, or is constructed closer to the principal building than the minimum required building separation distance as identified in Setback and Bulk Density Regulations. Attached accessory buildings that include a roof (such as a covered porch, screen room, sunroom and garage) will be considered part of the primary building.
ACCESSORY BUILDING, DETACHED: A free-standing building that serves an accessory use or purpose to the principal building or use on a parcel, including but not limited to garages, sheds, and utility buildings. Detached buildings must exceed the minimum building separation distance to other structures as identified in Setback and Bulk Density Regulations.
ACCESSORY STRUCTURE: An independent free-standing structure that does not meet the definition of a building and which meets or exceeds the minimum separation distance from the principal building for the zoning district as noted in chapter 7 of this title. Detached accessory structures include but are not limited to enclosures for mechanical equipment and trash receptacles, fences, pools, and gazebos.
ACCESSORY USE: A use subordinate to or serving a purpose customarily incidental to the primary use.
AGRICULTURE: The use of land for agricultural purposes, including animal husbandry, apiculture, dairying, farming, floriculture, forestry, groves, horticulture, orchards, poultry husbandry, ranching, viticulture, and the necessary accessory uses for packing, treating or sorting the produce; however, the operation of the accessory uses shall be subordinate to that of the normal agricultural activities.
AGRICULTURAL PRODUCTION ANIMALS, COMMERCIAL: Any livestock animal as defined by Code of Iowa, Sec. 717.1 or included under Standard Industrial Classification (SIC) 02: Agricultural Production - Livestock and Animal Specialties which is raised to provide a service such as labor, breeding purposes with offspring sold or provided to another individual or business, or production of commodities such as, but not limited to meat, eggs, milk, fur, leather and wool primarily for sale to individuals or businesses not located within the property upon which the livestock animal(s) is raised, with little to no personal consumption or use. Roosters shall be considered agricultural production animals, commercial.
AGRICULTURAL PRODUCTION ANIMALS, PERSONAL: Any livestock animal as defined by Code of Iowa, Sec. 717.1 or included under Standard Industrial Classification (SIC) 02: Agricultural Production - Livestock and Animal Specialties which is housed or primarily lives outside of the residence and raised for or can be raised for production of commodities such as, but not limited to meat, eggs, fur, milk, leather, and wool for personal consumption or use. Roosters are considered agricultural production animals, commercial. See Homesteader Farm as defined in this title.
AGRICULTURE PRODUCTION, CROPS: An establishment (farms, orchards, greenhouses, nurseries) primarily engaged in the production of crops (grains, fruits, and vegetables), plants, vines, and trees for sale or for the production of other products. Commercial production shall not be allowed in residential districts except as a legally established non-conforming use.
AGRITOURISM: The act of visiting a working farm or any horticultural or agricultural operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation that also adds to the economic viability of the site.
AIRPORT: The Des Moines Municipal Airport.
AIRPORT ELEVATION: The reference point of an airport’s usable landing area measured in feet above mean sea level, which elevation is established to be nine hundred fifty eight feet (958') mean sea level (MSL).
AIRPORT HAZARD: Any structure or tree or use of land which would exceed the Federal obstruction standards as contained in 14 Code of Federal Regulations sections 77.21, 77.23, and 77.25 as revised March 4, 1972, and which obstruct the air space required for the flight of aircraft and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of an aircraft.
AIRPORT PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
AIRSPACE HEIGHT: For the purpose of determining the height limits in all zones set forth in chapter 13 of this title and shown on the airport hazard and height (overlay) zoning map, the datum shall be mean sea level elevation unless otherwise specified.
ALLEY: Any public space or thoroughfare less than twenty feet (20') but no less than ten feet (10') in width which has been dedicated or deeded to the public for public use.
AMENDMENT: A change in the wording, context or substance of this title, or a change in the zoning or district boundaries of the “official zoning map”, a part of this title, when adopted by ordinance passed by the proper authoritative body in the manner prescribed by law.
ANTIQUE STORE: Antiques are items belonging to the past. The items sold, to include collectibles, are items that are collected or desirable because of craftsmanship, age, rarity, personal emotion connection, or other unique features, may be part of a group of similar items and generally are more valuable than their original worth. Stores typically are organized to provide for one point of sale, even if individual stalls are rented. For this definition these stores do not include flea markets, secondhand stores or used merchandise stores as defined elsewhere in this section. This definition does not include a business which primarily engages in selling new merchandise, parts, or services.
APARTMENT HOUSE OR BUILDING: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
AUTOMATED TELLER MACHINE (ATM): An automated device that performs banking or financial functions at a location remote from the controlling financial institution.
AUTOMOBILE WRECKING: The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot, parcel or tract of land, of five (5) or more vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been removed or are to be removed for reuse, salvage, or sale, shall constitute prima facie evidence of an automobile wrecking yard.
BAR OR DRINKING PLACE (SIC 5813): An establishment primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor for consumption on the premises where the selling of food does not occur.
BAR/RESTAURANT: Establishment engaged in the retail sale of food and where the sale of alcoholic drinks, such as beer, ale, wine, and liquor also occur. Food and alcoholic drinks are primarily consumed on the premises where sold; however, the take-out of food & drink may occur. For the purposes of determining if Class 1 or Class 2, a Bar/Restaurant shall be categorized in accordance with Flow Chart 6.1 in Section 9-6-4, “Specific Use Regulations.”
BASEMENT: A story having more than one-half (½) of its height below grade. A basement shall not be counted as a story for the purpose of height regulation, providing the finished floor level directly above is not more than six feet (6') above grade (see definitions of basement walkout, cellar, and story).
BASEMENT WALKOUT: A basement having a portion of its finished floor not more than four feet (4') below the finished yard grade at any of its exterior walls and having not less than two-thirds (2/3) of the vertical height of an exterior wall, which has a ground level exit to the outside, above ground. A walkout basement shall be considered the ground floor level of the building and shall be counted as a story (see definitions of basement, cellar, and story).
BEER PARLOR (TAPROOM): An area within a brewery devoted to the sale and consumption of a limited variety of malt beverages typically brewed on site (SIC 58 taprooms and beer parlors and SIC 2082 manufacturing of malt beverages). This definition only applies to taprooms that are ancillary to and included in a brewery, with the brewery being the primary use. Any other establishment for the sale and consumption of beer will be considered a bar for the purposes of this definition.
BILLBOARD: All structures, regardless of the base or materials used in construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure be placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertises a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located.
BLOCK: All that property frontage along one thoroughfare lying between the two (2) nearest intersecting or intercepting streets, railroad right-of-way, waterway, golf course, campus, park or other similar open space.
BOUNDARY OF DISTRICT: The centerline of a street or right-of-way or the centerline of the alleyway, between the rear or side property lines or, where no alley or passageway exists, the rear or side property lines of all lots bordering on any district limits or any district boundary shown on the maps adopted by this title.
BREWERY: A business that produces brews, ales, beer, meads and/or similar beverages on site (SIC 2082 manufacturing of malt beverages).
BRING YOUR OWN BEVERAGE (BYOB) ESTABLISHMENT: Establishment that allows guests to bring in and consume their own alcoholic beverages, wine or beer, but does not engage in the retail sale of alcoholic beverages, wine or beer.
BUILDING: A building is any structure enclosed by walls and having a roof used or intended for sheltering any use or occupancy.
BUILDING, HEIGHT OF: The vertical distance from the average finished ground 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.
BUILDING LINE: The extreme overall dimensions of a building as determined from its exterior walls or any part of a primary structural support or component, which is nearest to the property line. Horizontally projecting roof overhangs and chimneys into the setback up to two feet (2') shall be permitted, provided no part of a side of a building for residential occupancy which is not attached to another building shall be closer than five feet (5') to a lot line or within ten feet (10') of another building.
BUILDING PROJECTION: Any building element such as roof eaves and overhangs, fireplaces, window bays and deck or floor cantilevers that project past the foundation line of the building or structure.
BUILDING SITE: The ground area of one lot; or the ground area of two (2) or more lots which have been combined for the use of one building or permitted group of buildings, together with all open spaces required by this title (see definition of lot).
BULK STATIONS: Distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products, where the aggregate capacity of all storage tanks is more than twelve thousand (12,000) gallons.
BUSINESS: See definition of place of business.
CAMPGROUND (SPORTING AND RECREATIONAL CAMPS): Permanent buildings, temporary buildings or vehicles including, but not limited to, cabins, tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind established or maintained as a temporary living quarter for recreation, religious, education or vacation purposes.
CAR WASH: A building or area that provides facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CARPORT: An accessory structure serving as a covered parking area for motor vehicles. When a carport has wall enclosures on more than two (2) sides that keep out the elements, it ceases to be a carport and will be considered a garage and must comply with fire separation requirements based on its proximity from the primary structure.
CELLAR: That portion of a building between floor and ceiling which is wholly or partly below grade (as defined in this title) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling (see definition of story).
CEMETERY: Land used or intended to be used for the burial of the dead, including mausoleums and columbariums when operated in conjunction with and within the boundary of such cemetery.
CENTERLINE, PUBLIC THOROUGHFARE: The line running parallel with the thoroughfare right-of-way which is half the distance between the extreme edges of the official right-of-way width.
CERTIFIED SURVEY: A sketch, plan, map, or other exhibit bearing a written statement of its accuracy or conformity to specified standards which is signed and sealed by a registered surveyor.
CHANNEL: Any natural or artificial watercourse exhibiting definite banks, boundaries, and beds, and which contains visible evidence of flow or occurrence of water.
CHANNEL FLOW: That water and material discharge which moves within the limits of the defined channel.
CHURCH: Any building or site whose primary use is public religious worship.
CLUB: An association or persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
CLUSTER DEVELOPMENT: A planned development that limits the developed area to protect sensitive areas and unique features within the development. The area of the parcel not developed must be legally restricted from further development and is in addition to any required open space for the developed area.
COFFEE SHOP: An establishment primarily selling coffee and tea products; the business has a limited menu within which nothing is considered a meal; there is little or no table service; the products are for consumption on or off premises; and it is characterized by a large carryout clientele. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty beverage. Patrons generally order at a cash register and pay before they eat. This establishment is not a stand alone facility, but is generally located within small shopping centers.
COMMERCIAL USE: The barter, exchange, sale, service or trade of goods, materials, or services, either tangible or intangible for financial, material or monetary gain.
COMMUNITY DEVELOPMENT: All references to the “Community Development Department”, “Department of Community Development”, or any other variation of these terms in this Code shall mean “Department of Development Services”. All references to the “Director of Community Development”, “Community Development Director”, and “Director of Development Services”, “Development Services Director”, or any variation of these terms in this Code shall mean “Development Planning and Inspection Manager or his/her designee”.
CONDITIONAL PERMIT: A permit issued in view of specified conditions, limitations or restrictions, and which is subject to review or cancellation by the issuing department.
CONVENIENCE STORES: A retail establishment that offers for sale convenience goods such as prepackaged food products, limited on site prepared food or fresh food, beer and alcohol, tobacco, periodicals, and miscellaneous household goods and automobile accessories. Convenience stores may have extended hours. Convenience stores may or may not sell automobile fuel. Convenience stores as defined here do not include any type of automobile repair or parts sales and are not considered to be grocery stores.
COUNCIL: The City Council of West Des Moines.
COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.
CROWN OF ROAD: The grade at the centerline of the pavement within a public thoroughfare, or where no pavement exists, grade at the right-of-way centerline.
DECK: A permanent uncovered outdoor living area elevated above grade. A deck is considered a porch if it is covered by a roof.
DELAYED DEPOSIT SERVICES BUSINESS: A person or individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity who for a fee does either of the following: A. Accepts a check, draft, share draft, or other instrument for the payment of money dated subsequent to the date it was written. B. Accepts a check, draft, share draft, or other instrument for the payment of money dated on the date it was written and holds it for a period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, draft, or other instrument whether express or implied.
DETACHED TOWNHOME: A detached multifamily dwelling unit, individually owned and not part of two (2) or more units in the same building. There is community ownership and maintenance of grounds, streets, and other areas of common interest by a master property owners’ association. Each dwelling unit may or may not be constructed on separate lots, but all have street frontage and separate entrances.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DISTILLERY: A business that produces an alcoholic product by the process of distillation.
DISTRICT: A section or sections of land area, depicted on the official zoning map, within which the regulations governing the use of buildings and premises or the area of buildings and premises are uniform.
DOG KENNEL: Any premises on which five (5) or more dogs, six (6) months old or older, are kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint.
DRIVE-IN/DRIVE-THROUGH FACILITY: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DRIVE-IN THEATER, SEASONAL: A defined area within a site where motion pictures are presented outdoors and intended to be viewed from within personal automotive vehicles or other designated outdoor viewing areas on a seasonal, occasional basis under a temporary use permit.
DUMP: A premises used for the disposal of “clean” type fill or refuse such as dirt, rocks, cans, tree branches and similar materials, but not including organic matter of any type such as garbage or dead animals or portions thereof.
DWELLING, MULTI-FAMILY:
A. A building containing two (2) or more dwelling units located in a multifamily zoning district.
B. A detached townhome.
DWELLING OR DWELLING UNIT: A building, a portion of a building or one or more habitable rooms providing living facilities including permanent provisions for living, sleeping, eating, cooking and sanitation, but do not include hotels, motels, and nursing or convalescent homes.
DWELLING, SINGLE-FAMILY: A building containing one dwelling unit that has land associated with the building meeting the requirements in section 9-7-4, tables 7.1 and 7.2 of this title for its respective zoning district.
EATING PLACES: See definition of restaurant.
ELECTRIC VEHICLE CHARGING STATION: A machine that is considered a fuel pump providing electrical power, solely for charging electric vehicles on site.
ELECTRIC VEHICLE CHARGING STATION - RENEWABLE ENERGY: An electric vehicle charging station that generates the majority of the electrical power it provides by wind or solar generation.
ENCROACHMENT LINE OR LIMIT: The boundary line which delineates the floodway and designates the width of the channel and minimum width of overbank areas needed for conveying the regulatory flood.
EVENT VENUE: A commercial facility not part of a restaurant or bar/restaurant for hosting functions with the option of having food or drink regardless of whether such is provided during the event, including, but not limited to, weddings, receptions, banquets, anniversaries, and similar celebrations. May also be used for meeting space, conferences, or other assembly uses. A commercial facility is one that charges a fee to use the space, charges an entry fee or cover charge to attend the event, or charges money for food and/or beverages.
FIRM: See definition of flood insurance rate map (FIRM).
FACTORY BUILT OR MODULAR STRUCTURE: A structure, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this title, a factory built or modular structure would not include a manufactured or mobile home constructed under the authority of 42 USC section 5403 (United States Code - Manufactured Home Construction and Safety Standards).
FAMILY:
A. Individuals who live together as a single housekeeping unit and do their cooking on the premises. The definition of “family” does not include the following:
1. More than eight (8) people who are:
a. Residents of a “family home” as defined in section 414.22, 414.30 and 414.31 of the Iowa Code and this section; or
b. “Handicapped” as defined in the Fair Housing Act, 42 USC section 3602(h). This definition does not include those persons currently illegally using or addicted to a “controlled substance” as defined in the Controlled Substances Act, 21 USC section 802(6).
2. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization;
3. Substance abuse rehabilitation facility; and
4. Any group of individuals who are in a group living arrangement as a result of criminal offenses.
FAMILY HOME: A community based residential home which is licensed as a residential care facility under chapter 135C of the Iowa Code or as a child foster care facility under chapter 237 of the Iowa Code to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight (8) persons with a developmental disability or brain injury and any necessary support personnel. However, family home does not mean an individual foster care family home licensed under chapter 237 of the Iowa Code.
FARM: An area comprising ten (10) acres or more which is used for agriculture.
FILLING STATION: See definition of gas station.
FLAG: Any fabric, banner, or bunting containing distinctive colors, lettering, patterns, or symbols.
FLAGPOLE: A ground mounted independent structure, used to display a flag.
FLEA MARKET: A market for secondhand articles where sellers or vendors typically have individual stalls with their own point of sale. A fee to enter the market may or may not be charged.
FLOOD: Any rise in channel flow which results in water or material exceeding channel banks, overflowing, and inundating areas adjacent to the channel not ordinarily covered by flow.
FLOOD INSURANCE RATE MAP (FIRM): The map produced by the Federal Insurance Administration showing, within the City of West Des Moines, expected flood areas, and such other notations as are necessary to establish actuarial rates for the sale of flood insurance within the community.
FLOOD INSURANCE STUDY: A study initiated, funded and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and severity of flood hazards; providing the City with the necessary information for adopting a floodplain management program; and establishing actuarial flood insurance rates.
FLOOD PROFILE: A graph showing longitudinal sections of a designed waterway and the relationship of the water surface elevation of a flood event to any location along the watercourse.
FLOOD STAGE: The height or elevation of a flood as referred to mean sea level (MSL) datum (0.00 City datum equals 773.84 MSL).
FLOODPLAIN, GENERAL: Any area adjoining a river, stream, watercourse, lake or quarry which has been or hereafter may be covered by floodwaters. The floodplain shall be composed of the floodway and the floodway fringe.
FLOODPROOFING: Any structural or nonstructural feature, addition, change, or adjustment to buildings, structures and properties primarily for the reduction or elimination of flood damage to land, water, sanitary facilities, buildings, structures, and contents of buildings. Such measures shall be designated consistent with the flood protection elevation for the particular area, flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. Floodproofing measures may include, but not be limited to, the following:
A. Anchorage to resist flotation.
B. Installation of watertight doors, bulkheads and shutters.
C. Reinforcement of walls to resist water pressures.
D. Use of paints, membranes, or mortars to reduce seepage of water through walls.
E. Addition of mass or weight to structures to resist flotation.
F. Cutoff valves on sewer lines or elimination of gravity flow basement drains.
G. Construction to resist rupture or collapse caused by water pressure or floating debris; construction of any type so as to prevent the entrance of floodwaters.
H. Pumping facilities for subsurface external foundation walls and basement floor pressures, or installation of pumps to lower water levels inside structures.
FLOODWAY: The channel of any watercourse and the adjacent portion of the floodplain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than a specified height at any point assuming equal conveyance reduction outside the channel from the two (2) sides of the floodplain.
FLOODWAY BOUNDARY AND FLOODWAY MAP: The map produced by the Federal Insurance Administration showing under the 100-year flood conditions, boundaries of the floodway, floodway fringe, and floodplain for watercourses in the community.
FLOODWAY FRINGE: That portion of the floodplain landward of the encroachment limit which shall from time to time be inundated by floodwaters. Flooding in the fringe area is generally characterized by shallower and slower moving floodwaters.
FREEBOARD: A safety factor indicating the height above a projected flood occurrence level to which a levee or floodwall is constructed.
FRONTAGE: The distance of a front lot line as measured along the public thoroughfare (see definition of lot lines: front).
FUEL PUMP: A machine that is used to dispense fuel.
GARAGE, COMMUNITY: A structure, or a series of structures under one roof, and under one ownership, used primarily for storage of vehicles by three (3) or more owners or occupants of property in the vicinity.
GARAGE, MECHANICAL: A structure in which major mechanical repair or rebuilding of motor powered vehicles is performed for commercial gain and in which the storage, care and minor servicing is an accessory use.
GARAGE, PRIVATE: A building, or a portion of a building, not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
GARAGE, PUBLIC: Any garage other than a private garage.
GARDEN, COMMERCIAL: See definition of agriculture production, crops.
GARDEN, COMMUNITY: A piece of ground on public or private property where vegetables, fruits, herbs or ornamental plants are cultivated for the use of others in addition to the owner or tenant, but not intended for commercial production.
GARDEN, RECREATIONAL: A piece of ground on private property where vegetables, fruits, herbs or ornamental plants are cultivated for the personal use of the owner or tenant.
GAS STATION: A structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities or accessories for motor vehicles and including the customary space and facilities for the installation of such commodities or accessories on or in such vehicles, but not including space or facilities for the storage, painting, repair, refinishing, bodywork or other major servicing of motor vehicles.
GRADE: The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet (5') of a sidewalk, alley or other public way, the aboveground level shall be measured at the elevation of the sidewalk, alley or public way.
GREENHOUSE: A building or accessory structure constructed chiefly of glass or other hard translucent material, which is devoted to the protection or cultivation of flowers or other tender plants. Greenhouses constructed of light weight translucent materials such as fabric or plastic are hoop houses and are considered seasonal in nature.
HALF STORY: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor area of the floor immediately below it.
HEIGHT OF BUILDING: See definition of building, height of.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local Inventory of Historic Places in communities with historic preservation programs that have been certified either:
1. By an approved State program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION: Any occupation or profession conducted solely by the resident occupants at their place of residence, involving primarily service and limited sale of commodities upon the premises.
HOMESTEADER FARM: A type of Agricultural Production Animals, Personal, for the raising of a limited number of animals as defined by Code of Iowa, Sec. 717.1, or included under Standard Industrial Classification (SIC) 02: Agricultural Production - Livestock and Animal Specialties, for the primary purpose of self-sufficiency. The number of animal(s) sold commercially versus consumed by the operator(s) of a Homesteader Farm shall be limited to a maximum of 50% of the total number of animals raised within the growing period for the specific animal(s). Homesteader Farm can also include the growing of crops, including horticultural specialties (e.g., flowers). Any retail sale of crops or horticultural specialties from the property upon which they are grown shall only occur as a city approved produce stand (aka roadside stand) as provided elsewhere in this title.
HOOP HOUSE: A building or accessory structure constructed of a framework of hoops or bows and covered by light weight translucent materials, which is devoted only to the protection or cultivation of flowers or other tender plants and are considered seasonal in nature (in service up to 180 days). Hoop houses cannot be utilized for the storage of items or vehicles. Semi-opaque or opaque material cannot be utilized as a covering material.
HOSPITAL: An institution specializing in giving clinical, temporary and emergency service of a medical or surgical nature to injured persons and patients, other than persons suffering from a lingering mental sickness, disease, disorder or ailment.
HOTEL: Any commercial building containing six (6) or more guestrooms intended or designed to be used or which are used, rented or hired out to be occupied by transient persons, or which are occupied for sleeping purposes by guests. These facilities customarily provide maid service, upkeep of furniture and bed linens and a twenty four (24) hour staffed front desk service.
IMPROVEMENT, SUBSTANTIAL: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with existing State or local Health, Sanitary, or Safety Code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
INTERIOR VEHICULAR ROADWAYS: Public or private paths within a development or lot’s boundary which provides vehicular access to the associated parking areas for any business, multi-family dwelling, or public use area: or which provides vehicular access to individual private driveways for single family dwellings.
JUNK: Old and dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, used building material, scrap contractor’s equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds or bedding, or any other kind of scrap or waste material which is stored, kept, handled or displayed for barter, resale, reuse, salvage, stripping, or trade (see also definition of trash).
JUNKYARD: Any area where junk is bought, sold, exchanged, baled or packed, disassembled or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking or structural steel material 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 necessary as a part of manufacturing operations.
KENNEL: See definition of dog kennel.
KITCHEN: Any room or portion of a building used, intended or designed to be used for cooking and other preparation of food, including any room having a sink and provisions for either a gas or electric stove.
LEAN-TO: A structure which has been added to an existing building, sharing at least one wall with the building which may also be providing structural support. A lean-to can be enclosed on up to two (2) sides, including the wall common to the existing building. Lean-to structures are intended for the storage or protection of things, and do not include structures that function as a carport or outdoor living area. Lean-to structures must meet the design and bulk regulations of the building they are attached to.
LOADING SPACE: Any off street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking (less than 24 hours) of a commercial vehicle while loading or unloading merchandise or materials.
LOT: A portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.
LOT LINES:
A. Front: The line separating the front of the lot from the street.
B. Rear: The rear lot line is that boundary which is opposite and most distant from the front lot line. In case of an interior triangular or gore shaped lot, it shall mean a straight line ten feet (10') in length which:
1. Is parallel to the front lot line or its chord.
2. Intersects the two (2) other lot lines at points most distant from the front lot line.
C. Side: Any lot boundary line not a front lot line or a rear lot line.
LOT MEASUREMENTS:
A. Area: The gross area, exclusive of streets or other public rights-of-way, within the boundary lines of a lot.
B. Depth: The mean horizontal distance between the front and rear lot lines as measured perpendicular to the midpoint of the mean front lot line. In the case of an interior triangular or gore shaped lot, the depth shall be the horizontal distance between the midpoints at the front and rear lot lines.
C. Width: The horizontal distance between the side lot lines as measured perpendicular to the line compromising the lot depth at its point of intersection with the required minimum front setback. Where the lot width is decreasing from front to rear, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the required minimum rear setback.
LOT OF RECORD: A lot which is part of a subdivision, the deed of which is 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.
LOT TYPES:
A. Corner Lot: A lot located at the intersection(s) of two (2) or more streets, and having the street right-of-way abut the front and one or more side lines of the lot.
B. Double Frontage Lot: A lot other than a corner lot with frontage on more than one street or public thoroughfare which do not intersect one another.
C. Flag Lot: A lot with access provided to the bulk of the lot by means of a narrow corridor.
D. Interior Lot: A lot, other than a corner lot, having frontage on but one street or public thoroughfare.
E. Key Lot: A lot so subdivided as to have its side lines coincide with the rear lot lines of adjacent lots on either or both sides of the aforesaid key lots.
F. Reversed Frontage Lot: A corner lot, the side street line of which is substantially a continuation of the front lot line of the first interior lot to its rear.
LOWEST FLOOR: The floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:
A. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of subsection 8-8-6B4a of this Code; and
B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and
C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot (1') above the 100-year flood level; and
D. The enclosed area is not a “basement” as defined in this section. In cases where the lowest enclosed area satisfies subsections A, B, C and D of this definition, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.
MAIL BOX: A public or private box for U.S. mail purposes. This definition does not include courier services (SIC 4215).
MANUFACTURED OR MOBILE HOME: A structure which is manufactured or constructed under the authority of 42 USC section 5403 (United States Code - Manufactured Home Construction and Safety Standards) and is intended to be long term living quarters, permitted and taxed as real property. It 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 manufactured or mobile home must be on a permanent foundation with permanent connections to utility services. Mobile homes constructed prior to 1976 shall be considered this type of structure.
MANUFACTURED OR MOBILE HOME PARK: A parcel or contiguous parcels of land under common ownership upon which two (2) or more manufactured or mobile homes reside as a land-leased community. A manufactured or mobile home park does not include manufactured or mobile homes or park homes placed on a temporary basis due to a disaster emergency.
MARIJUANA: The plant Cannabis Sativa L. or Cannabis Indica or any other plant that contains tetrahydrocannabinol.
MEMBRANE STRUCTURE: A building or accessory structure constructed partially or completely with a fabric membrane supported by air, cables, structural frames or tensile frames, which is devoted to the protection of bulk materials such as gravel, road stone, roadway salt, sand, soil, etc., and is considered permanent in nature (in service greater than 180 days). A tent or hoop house, as defined elsewhere in this title, shall not be considered a membrane structure. See chapter 10 of this title for specific requirements for membrane structures.
MENTAL INSTITUTION, HOSPITAL OR HOME: An institution specializing in giving clinical and psychiatric aid and treatment to and in conjunction with the housing of persons and patients suffering from a temporary or lingering mental ailment, disorder or sickness.
MOTEL OR MOTOR HOTEL: A commercial building or group of two (2) or more buildings designed to provide sleeping accommodation for transient persons or overnight guests, with garage attached or parking facilities conveniently located to each such unit. These facilities customarily provide maid service, upkeep of furniture and bed linens and a twenty four (24) hour staffed front desk service.
NIGHTCLUB: A place of business (SIC 5813) other than an event venue located within any building or establishment, established and operated for the purpose of supplying entertainment, live or recorded music for dancing, or both. The establishment may or may not serve food or alcoholic beverages, such as beer, ale, wine or liquor for consumption on the premises. A nightclub which operates as a Bring Your Own Beverage (BYOB) Establishment shall be considered a bar for regulation purposes.
NONCONFORMING USE: The use of a building or a land or any portion thereof, which was lawfully established and maintained but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located.
NONPROFIT INSTITUTION: A nonprofit establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups or individuals. Cooperative nonprofit associations, performing a service normally associated with retail sales or trade such as cooperative groceries, granaries, equipment sales, etc., shall not be considered a nonprofit institution under this title.
NURSING OR CONVALESCENT HOME: A building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled persons, not including insane or other mental cases, inebriated or contagious cases.
OBSTRUCTION: Any dam, dike, embankment, structure, building, wall, wharf, pile, abutment, projection, levee, excavation, channel rectification, bridge, conduit, culvert, wire, fence, refuse, fill, or matter in, along, across, or projecting into any channel, watercourse, or floodplain area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream, to the damage of life or property.
OFF STREET PARKING: A land surface or facility located off of a street or alley constructed to provide vehicle parking and loading area for day to day use by owners, tenants, patrons and employees of office, commercial or industrial establishments; and residents, owners, and visitors of residential developments and apartment complexes; and driveways or private garages associated with individual homes. Said “off street parking” area shall include parking spaces, vehicle and pedestrian aisles, access drives and any required landscape islands and pods.
OPEN SPACE: A specific percentage of the site unencumbered by buildings, off street parking areas and vehicle use areas.
OUTDOOR LIVING AREA: An improved outdoor area adjoining a residential dwelling intended to provide a useable space for the enjoyment of the occupant or to promote interaction and connection within the neighborhood such as a patio, deck or porch.
OUTDOOR SERVICE AREA: A portion of a restaurant or bar/restaurant service area that is located outside.
OUTDOOR STORAGE YARD: That portion of a site used or intended for the storage, stockpiling, safekeeping and loading and unloading of materials, operable vehicles or equipment necessary to achieve the purpose of the primary use and which are not being specifically displayed as merchandise or for the purpose of outdoor display and marketing of goods associated with retail establishments (see definition of outside display areas).
OUTSIDE DISPLAY AREAS: A defined area generally outside of a primary enclosed structure but located upon the same lot which is used for the placement of equipment for sale or lease or the advertising of merchandise or goods vended within the contiguous business or organization. Bulk storage of retail merchandise being sold within an establishment such as, but not limited to, bagged mulch and soil products through a garden center associated with a home improvement store, shall be interpreted to be an allowable component of outside display areas.
OVERLAY DISTRICT: A district which overlays and acts in conjunction with the underlying zoning district or districts.
PARK HOME OR PARK MODEL: A trailer which is four hundred (400) or less square feet in gross trailer area, certified by their manufacturers as complying with the ANSI A119.5 standard for recreational park trailers or constructed to comply with 2018 International Residential Code, appendix V, and is intended for long term placement of temporary living quarters for recreational, camping or seasonal use purposes only, permitted and taxed as a trailer. A park home may have wheels and is not placed on a permanent foundation, however must be anchored to the ground to resist Code designated wind forces. Park homes will not have permanent connections to utility services.
PARKING AREA, PUBLIC: An open area, other than a street or alley, which is used for the temporary parking of more than four (4) automobiles and is available for public use whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACE, AUTOMOBILE: An area other than a street or alley, reserved for the parking of a private transportation vehicle, such space having a dimension of not less than nine feet (9') in width by nineteen feet (19') in depth, plus such additional area as is necessary to afford adequate ingress and egress.
PATIO: A permanent uncovered outdoor living area installed at grade.
PAWNSHOP: A place of business of a “pawnbroker” as defined in section 3-8-1 of this Code.
PERSON: A natural person, his heirs, executors, administrators, or assigns, and also includes a firm, association, organization, partnership, trust, company or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PLACE OF BUSINESS: Any vehicle, building, structure, yard, area, lot, premises, or part thereof, or any other place in or on which one or more persons engage in a gainful occupation.
PORCH: A permanent covered outdoor living area attached to a building.
PORCH, ENCLOSED: A porch with a solid enclosure four feet (4') or higher above the floor surface.
PORCH, OPEN: A porch with a railing or solid enclosure less than four feet (4') above the floor surface.
PREMISES: Any lot, plot, parcel or tract of land, building or buildings, structure or structures, used publicly or privately as a place of business, dwelling or meeting place.
PRINCIPAL BUILDING: The building or buildings of which contain a use that is one of the primary uses permitted by the zoning classification in which it is located.
PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use.
PUBLIC THOROUGHFARE: Any right-of-way under the jurisdiction and maintenance of the governmental agencies of the Federal, State and Municipal government; which may be used by the public in general; and which serves as the frontage street to the abutting property (see definition of street).
PUBLIC UTILITY STRUCTURE: Shall mean any above ground structure, except a tower, antenna or utility pole and associated appurtenances, which is placed on a site in a permanent manner to facilitate the provision of utility services to the benefit of the public.
REACH: A term describing a longitudinal section of a stream, river or watercourse.
RECREATIONAL FACILITY: A public or private, commercial or non-commercial building, structure, place, venue, field or defined area, indoor or outdoor, used for a specific purpose or function usually related to a competitive or sporting activity, exercise, relaxation or athletic sport or recreation-based entertainment.
RECREATIONAL VEHICLE: A single chassis trailer or motor vehicle which is four hundred (400) or less square feet when measured at the largest horizontal projection and is designed to be self-propelled or permanently towable, permitted and taxed as a trailer or motor vehicle. Recreational vehicles are designed to provide temporary living quarters for recreational or camping, travel or seasonal use purposes only. Recreational vehicles will not have permanent connections to utility services.
REGULATORY FLOOD: For purposes of this title, the regulatory flood is designated as the 100-year return frequency flood which is a flood having a one percent (1%) chance of being equaled or exceeded in any given year.
REGULATORY FLOOD ELEVATION: The elevation indicated on the FIRM and determined from flood profiles contained in the West Des Moines flood insurance study, the Jordan Creek floodplain study and other available studies as being the elevation of the 100-year flood.
RENTAL, LONG TERM: Lodging within a dwelling or dwelling unit available for use or is used to accommodate guests paying a fee or other compensation for a period of more than thirty (30) consecutive days.
RENTAL, SHORT TERM: Lodging within a dwelling or dwelling unit available for use or used to accommodate guests paying a fee or other compensation for a period of thirty (30) consecutive days or less.
RESIDENTIAL: The term “residential” or “residence” is applied herein to any lot, plot, parcel, tract, area, or piece of land or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein.
REST HOME: A home operated as a boarding home, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons; but in which no persons suffering from a mental sickness, disease, disorder or ailment or from a contagious or communicable disease are kept, and in which no surgical or other primary treatments such as are customarily provided in sanatoriums or hospitals are performed.
RESTAURANT: A retail establishment where food is prepared and served and not operated as a dining room in connection with a hotel, motel or ancillary to other residential or service uses. For the purposes of identifying applicable zoning districts, restaurants shall be categorized in accordance with section 9-6-4, “Specific Use Regulations”, of this title.
RESTAURANT, FAST FOOD: Any establishment whose principal business is the sale of food, frozen desserts, or beverages in ready to consume individual servings, for consumption either within the restaurant building or for carryout, and where either:
A. Foods, frozen desserts or beverages are usually served in paper, plastic or other disposable containers, and where food and drink is ordered at a counter rather than at the table at which the food and drink will be consumed; or
B. The establishment includes a drive-up or drive-through service facility or offers curb side service.
RESUBDIVISION: Any change in the shape or size of any lot, tract or parcel of land previously platted for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorages or other use. Any change in the shape or size of any lot, tract or parcel of land previously approved for building purposes whether immediate or future and regardless whether or not the same is vacant or improved in whole or in part, for sale, rent, lease, building development, anchorage or other use.
ROOF: A permanent hard material cover which provides complete protection from the elements for an area below. If the cover is comprised of a lightweight material or fabric, or is designed to be more than fifty percent (50%) open to the elements, it is not considered a roof for the purposes of this title.
RUNWAY: A defined area on an airport prepared for landing and takeoff of aircraft along its length.
RUNWAYS 12L, 3OR: The runways of the Des Moines Municipal Airport with hazard zones which impact the City of West Des Moines.
SANATORIUM: A health station or retreat or other place where resident patients are kept, and where medical or surgical treatment is given to persons suffering from a sickness, disease, disorder or ailment other than a mental sickness, disease, disorder or ailment, but which does not specialize in giving clinical, temporary or emergency service.
SCOREBOARD: An on site accessory structure used exclusively to transmit to patrons of a stadium or recreational facility information primarily related to the activity occurring in the facility through the use of moving or static letters, numbers, images, designs, graphic representations or other visual or audio depictions.
SECOND DWELLING UNIT (SDU): A second residential dwelling unit located on the same lot as a single family dwelling, which may be attached to the single family dwelling or a separate standalone dwelling structure or incorporated into an accessory building (such as a detached garage) on the lot. These dwellings are designed for residential occupancy, independent of the single-family dwelling on the lot.
SECTION: A section of this title or of a chapter of this title unless some other ordinance, Code or statute is indicated.
SELF-SERVICE STORAGE FACILITY (Miniwarehousing/Climate Controlled/Indoor Storage/Single- Or Multi-Story): A nonresidential building, portion of building, or group of buildings with defined storage space or units rented to and accessible to the public for the storage of household and personal property, operable vehicles, and recreational vehicles, including, but not limited to, RVs, boats, snowmobiles, enclosed or open air trailers, etc.
A. Exterior Unit Access: An exterior accessed self-storage facility generally consists of a long, single-story, simplified building structure with roll-up doors and direct drive-up access to conventional outside units.
B. Interior Unit Access: An interior accessed self-storage facility consists of a building with all units contained within that building and all units having an access door from an interior hallway.
SERVICE STATION: See definition of gas station.
SETBACK: The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building respectively. When two (2) or more lots under one ownership are used, the exterior property line of the lots so grouped shall be used in determining offsets.
SIGN1: Every sign, billboard, freestanding sign, wall sign or roof sign as well as other signs of every description and character as defined herein and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or firm when the same is placed out of doors in view of the general public.
SIGN, OFF SITE: A sign other than on site sign (see definition of billboard).
SIGN, ON SITE: A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
SIGNS, NUMBER AND SURFACE AREA: For the purpose of determining number of signs, a sign shall be considered to be a single display surface or displaying device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is a reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms compromising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in the computation of the surface area, except where such frames and structural members are used as an integral primary or subsidiary portion of the graphic, literal, or numerical display, such as forming a picture frame to facilitate continuity or providing contrast to emphasize the intended purpose of the sign.
SITE: See definition of lot.
SNOW MAINTENANCE FACILITY: A temporary facility to address the removal of snow.
SPECIAL PERMIT: The authorization of a zoning certificate for an unclassified or special use of a lot by the Board of Zoning Adjustment following a review of the application for use by the Planning Commission. A special permit may be issued only for those uses listed under the “unclassified and special uses” of this title.
STABLES:
Private: A building or structure used, or intended to be used for housing horses belonging to the owner of the property and for noncommercial purposes.
Public And Riding Academy: A building or structure used or intended to be used, for the housing only of horses on a fee basis. Riding instructions may be given in connection with a public stable or riding academy.
Riding Club: A building or structure used or intended to be used, for the housing only of horses by a group of persons for noncommercial purposes.
STADIUM: A place or venue used primarily for indoor or outdoor sports, concerts or other events consisting of a field or stage either partly or completely surrounded by a tiered structure designed to allow spectators to stand or sit and view the event.
STANDARD PROJECT FLOOD: A hypothetical flood estimated by the corps of engineers, representing the critical flood runoff volume and peak discharge that may be expected from the most severe combination of hydrological and meteorological conditions that are considered reasonably characteristic of the geographic region.
STORY: 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 basement or cellar is more than six feet (6') above grade such basement or cellar shall be considered a story.
STORY, HALF: See definition of half story.
STREET: Any thoroughfare or public space not less than sixteen feet (16') in width which has been dedicated or deeded to the public for public use.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street (see definition of lot lines: front).
STRUCTURAL ALTERATIONS: Any replacement or change in the shape or size of any portion of a building or of the supporting members of a building or structure such as walls, columns, beams, arches, girders, floor joist, roof joist, or roof trusses, beyond ordinary repairs and maintenance.
STRUCTURE: 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 to enclose, confine, conceal, give support or shelter, including but not limited to buildings, towers, poles, sheds and fences. Accessory structures or buildings must be a permanent structure, complying with all applicable Fire and Building Codes and do not include tents as defined herein.
SUBDIVISION: A division of a lot, tract or parcel of land into three (3) or more lots, plats, sites, or other subdivision of land for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage, right-of-way dedication, or other use.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of actual repair work performed. The term does not, however, include either: a) any project for improvement of a structure to correct existing violations of State or local Health, Sanitary, or Safety Code specifications which have been identified by the Local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or b) any alteration will not preclude the structure’s continued designation as a “historic structure”.
SUPPORTING STRUCTURE: Any pole, tower, or structure which serves the purpose of supporting components necessary to the operation of or conducting the primary use within a parcel such as cables, lighting, mechanical equipment, fencing or netting.
TAPROOM (BEER PARLOR): See definition of beer parlor (taproom).
TASTING ROOM: Any portion of a distillery where either the sale or consumption of the distillery product by the glass occurs.
TEMPORARY STRUCTURE OR BUILDING: A structure intended to be limited in duration serving a permitted use on a lot. Temporary structures do include tents as defined herein. Temporary structures approved under a permit are limited to the time period as noted in the permit.
TENT: Any structure or enclosure, the roof or one-half (½) or more of the sides of which are of silk, cotton, canvas or any light material, either attached to a building or structure or unattached.
TINY HOME: A building which is four hundred (400) or less square feet in floor area excluding any lofts, constructed to comply with the International Tiny House provisions within the International Residential Code and is intended to be a single-family dwelling, permitted and taxed as real property. To be considered a tiny home, the building must be on a permanent foundation with permanent connections to utility services.
TOWNHOUSE: A dwelling unit which is attached horizontally, and not vertically to one or more other dwelling units, wherein the land or lot beneath each dwelling may be individually owned by the owner of the dwelling. A townhouse subdivision shall have common elements which are specified in or determined under the rules and regulations set forth by recorded covenants. Covenants for a townhouse subdivision shall establish the guidelines for maintenance of common elements and permit free movement through common areas by members of the homeowners’ association (council of co-owners) to assure access to the structural exterior of each townhouse unit by the individual unit owner.
TRAILER: Any structure used for temporary human habitation, business or storage purposes, having no permanent foundation, but is supported by wheels, blocks, or jacks, and which is or was equipped with wheels or other devices for transporting the structure from place to place.
TRANSIENT PERSON: Any person or persons who obtain lodging or the use of any lodging space for any period of thirty one (31) consecutive days or less and whose permanent address for legal purposes is not the lodging unit occupied.
TRASH: Cuttings from vegetation, refuse, paper, bottles, rags (see also definition of junk).
USED MERCHANDISE STORE OR SECONDHAND MERCHANDISE STORE: A retail store that sells previously owned or used goods of recent or modern vintage. The merchandise generally is less valuable than its original worth. This definition does not include antiques and collectibles or flea markets.
VARIANCE: A modification of the specific regulations of this title granted by resolution of the Board of Adjustment in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
VENDING MACHINE: Any unattended, product holding, automated, self-service device that dispenses goods, products or anything of value upon insertion of money, token, credit or identification.
WATERFRONT: Any site shall be considered as waterfront premises providing any or all of its lot lines abut on or are contiguous to any body of water, including creek, canal, lake, river of any other body of water, natural or artificial, not including a swimming pool, whether said lot line is front, rear or side.
YARD: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except for landscaping or as otherwise provided in this title.
YARD, FRONT: The yard area lying to the front of the principal building or between the front building line and the front lot line.
YARD, REAR: The yard area lying to the rear of the principal building, or between the rear building line and the rear lot line.
YARD, SIDE: The yard area lying to the sides of the principal building or between the side building lines and the side lot lines.
YARD, STREET SIDE: Within certain/specified single family residential zoning districts, on corner lots where the abutting adjacent lot does not require a consistent building setback line (i.e. front yard setback or front yard lot lines: front) to be maintained, a street side yard may be allowed. For example, when a corner lot directly abuts the rear yard of another corner lot, the yard that is fronting the street common to both lots is considered to be a street side yard, or if a corner lot abuts a third street (a double-frontage lot), the frontage on the opposite side of the interior side yard is considered a street side yard. See Illustrations #1 and 2 below. Additionally, see Title 10, Chapter 3, Section 1.
Illustration #1
Illustration #2
ZONE: Any one of the classes of districts established by this title.
ZONING ADMINISTRATOR: The Administrative Officer designated or appointed by the City of West Des Moines to administer and enforce the regulations contained in this title.
ZONING CERTIFICATE: Written statement issued by the Zoning Administrator authorizing buildings, structures, or uses consistent with the terms of this title and for the purpose of carrying out and enforcing its provisions.
(Ord. 430, 8-11-1969; amd. Ord. 454, 1-11-1971; Ord. 510, 9-17-1973; Ord. 614, 7-10-1978; Ord. 644, 10-22-1979; Ord. 652, 4-14-1980; Ord. 685, 2-1-1982; 1985 Code §§3-2.02, 6-7.03; Ord. 782, 3-10-1986; Ord. 799, 8-4-1986; Ord. 811, 2-16-1987; Ord. 854, 7-11-1988; Ord. 923, 8-20-1990; 5-22-1991; 1993 Code; Ord. 1129, 5-8-1995; Ord. 1130, 5-8-1995; Ord. 1190, 6-17-1996; Ord. 1675, 1-30-2006; Ord. 1677, 2-27-2006; Ord. 1816, 10-6-2008; Ord. 1860, 3-22-2010; Ord. 1898, 12-13-2010; Ord. 1901, 12-27-2010; Ord. 2080, 2-9-2015; Ord. 2085, 3-9-2015; Ord. 2112, 9-8-2015; Ord. 2113, 9-8-2015; Ord. 2123, 11-2-2015; Ord. 2136, 1-26-2016; Ord. 2145, 5-16-2016; Ord. 2162, 8-8-2016; Ord. 2169, 9-6-2016; Ord. 2176, 10-31-2016; Ord. 2201, 3-6-2017; Ord. 2248, 9-18-2017; Ord. 2249, 9-18-2017; Ord. 2265, 12-11-2017; Ord. 2269, 1-8-2018; Ord. 2285, 3-5-2018; Ord. 2287, 3-19-2018; Ord. 2292, 4-16-2018; Ord. 2357, 5-6-2019; Ord. 2364, 6-3-2019; Ord. 2390, 12-2-2019; Ord. 2454, 12-7-2020; Ord. 2486, 8-16-2021; Ord. 2540, 9-19-2022; Ord. 2541, 9-19-2022; Ord. 2560, 4-3-2023; Ord. 2566, 5-15-2023; Ord. 2567, 6-5-2023; Ord. 2589, 12-4-2023; Ord. 2621, 8-5-2024; Ord. 2662, 7-7-2025)