The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building or structure means any building which is subordinate to the principal building on the lot, not attached thereto and used for purposes customarily incidental to those of the principal building. Unattached private garages are accessory buildings.
Adjacent property means any parcel of land or any portion thereof which is adjoining the boundaries of the property in question including any streets and alleys.
Administrator means the person or the designee who is responsible for administering this chapter and for the enforcement of the regulations imposed by this chapter. This person may also be referred to as the zoning administrator. The administrator shall be appointed by the mayor with the consent of the council. The administrator shall be paid compensation as the council by resolution shall establish. The person appointed as administrator shall not be a member of the planning and zoning commission nor a member of the board of adjustment.
Agriculture means the cultivation or use of the soil on a farm for the purpose of:
(1)
Raising crops for human or animal consumption; or
(2)
The production of animals whose flesh, hide, fur, wool, milk, eggs or other products are intended for human consumption or use.
Alley means a public way, other than a street, affording generally secondary means of access to abutting property and not intended for general traffic circulation.
Alteration, structural, or structural alteration means any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders. The enlargement of the size or height of a building shall be construed to be a structural alteration.
Animal hospital means a building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
Apartment house means a building containing either dwelling units or rooming units or both used primarily for permanent occupancy with or without cooking facilities.
Approved means approved by the local or state authority having such administrative authority.
Attic means any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for storage.
Basement means the lowest story of a building, below the main floor and wholly or partially lower than the surface of the ground.
Billboard means all structures regardless of the material used in the construction of it, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure is placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which the signs or billboards are located.
Block means the property abutting on one side of the street and lying within the two nearest intersection streets, an unsubdivided acreage or railway right-of-way.
Block frontage means the frontage of lots facing the streets under consideration which are comprised between two adjacent streets or between a street and the adjacent corporation line.
Board means the board of adjustment.
Boarding/roominghome means a building, other than a hotel, fraternity house or sorority house, where meals are regularly served or lodging furnished for compensation to more than five persons not members of the family there residing. The term "boarding/roominghome" includes nursing, rest, convalescent, retirement and similar homes and roomers.
Building means a structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, animals or chattel. When separated by party walls from the ground up without openings, each portion of such structure shall be deemed a separate building.
Building height means the vertical distance from the average natural grade to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. When a dwelling is on a corner lot and there is more than one grade or level, the measurements shall be taken from the main entrance elevation.
Building line means an imaginary line parallel to the front lot line over which no portion of any building may extend and which is a distance from the front lot line equal to the depth of the front yard required for the district in which such lot is located.
Building line, setback, means a building line back of the street line.
Building, principal, or principal building means a building in which the principal use of the lot is conducted.
Building, storage, or storage building means an enclosed structure utilized for interior storage of goods, materials, and equipment other than private motor vehicles and not customarily stored for resale.
Building wall means the wall of the principal building forming a part of the main structure, including foundation walls of enclosed porches or piazzas. Steps, walks and retaining wall similar structure shall not be considered as building walls under the provisions of this chapter.
Bulk stations means distributing stations commonly known as bulk or tank stations used for the storage and distribution indirectly to the consumer of flammable liquids or liquefied petroleum products where the aggregate capacity of all storage tanks is more than 12,000 gallons.
Business or commercial means engaging in the purchase, sale or exchange of goods or services, or the operation for profit of offices or recreational or amusement enterprises.
Carport means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. A carport attached to a principal building shall be considered as part of the principal building and subject to all yard requirements herein.
Clinics means buildings used by physicians and/or dentists, osteopaths, chiropractors and allied professions for out-patient care or persons requiring such professional service.
Club or lodge means an association of persons for the promotion of some non-profit purpose who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests, it shall be permissible to serve food and meals to members and their guests on such premises provided adequate dining room space and kitchen facilities are available and are operated in compliance with state law and this Code.
Commission means the planning and zoning commission established in article II of chapter 101.
Condominium. See Dwelling, condominium.
Confinement feeding operations mean any laying, nursing, farrowing, or finishing operation which is conducted within a building or structure with a central waste collection system, for raising livestock or poultry for sale.
Court means an open, unobstructed, and unoccupied space other than a yard which is bounded on two or more sides by a building on the same lot.
Curb level means the mean level of the curb or the established curb grade in front of a lot.
Day nursery or nursery school means any private agency, institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight for two or more unrelated children of pre-school age, for compensation.
Development means any manmade change to improve or unimprove real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
District means a section of the area of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.
Drinking establishments means a business where a predominant amount of activity relates to the sale of alcoholic beverages for consumption on the premises. Bars, beer parlors, nightclubs, and taverns are drinking establishments.
Dwelling means any building or portion thereof which is designed or used exclusively for residential purposes but not including a tent, cabin, or trailer.
Dwelling, condominium, means a multiple dwelling as defined herein whereby the fee title to each dwelling unit is held independently of the others.
Dwelling, multiple, means a residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.
Dwelling, multiple elderly, means a group of residences designed for elderly occupants and having special site development considerations distinct from multiple dwellings occupied by all age groups.
Dwelling, row, means any one of three or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wall.
Dwelling, single-family, means a detached residence designed for or occupied by only one family (also called one-family dwelling).
Dwelling, two-family, means a residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
Dwelling unit means a room or group of rooms which are arranged, designed or used as living quarters for the occupancy of one family containing bathroom and/or kitchen facilities.
Dwelling unit, efficiency (or studio), means a residence having a common living-sleeping area.
Factory-built (modular) houses means a modular structure built at a factory and inspected for compliance with either the uniform building code, the uniform plumbing code, the uniform mechanical code, and the National Electrical Code or the one- and two-family dwelling code, each with certain amendments as adopted as the state building code and mandatory for all such structures placed in the state. Compliance is evidenced by a seal issued by the state building code commissioner and attached to the house and accompanied by a copy of the manufacturer's certificate of compliance. A certified modular house shall be permitted whether meeting the same code requirements or not. A modular house may be placed on a parcel or lot if its placement as to yards and setback and minimum square footage meets the criteria which would apply to a site-built dwelling on the same lot. A modular house is not a mobile home or mobile home add-on unit.
Family means one or more persons occupying a single dwelling unit and living as a single unit, provided that unless all members are related by blood, marriage, adoption or placement in foster child care, no such family shall contain over four persons.
Farm means:
(1)
Land in tracts of ten acres or more (including buildings located on such land) and not laid off into lots of less than ten acres, or divided by streets and alleys into parcels of less than ten acres, used in good faith for agriculture; or
(2)
Any land laid off or platted into lots of less than ten acres belonging to and a part of other land of more than ten acres used in good faith for agriculture.
Feed lot means:
(1)
Private. Any parcel of land or premises on which the principal use is the feeding of 200 or less head of cattle.
(2)
Commercial. Any parcel of land or premises on which the principal use is the feeding of more than 200 head of cattle. Nothing in this chapter shall be construed as granting permission for the operation of a commercial feed lot.
Fill means the placing, storing, or dumping of any material such as earth, clay, sand, rubble, or concrete upon the surface of the ground which results in increasing the natural surface elevation.
Floor area means the sum of gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings.
Floor area ratio means the gross floor area of all buildings on a lot divided by the lot area on which the buildings are located.
Forest means a tract of land one-half acre or more densely covered by trees.
Forestry means the science of propagating, developing, caring for, or cultivating forests as a hobby or for commercial purposes.
Foster child care means care and education including overnight lodging of not more than five children unrelated to the residents by blood or adoption and placed in the home by a private or public foster care service.
Frontage means all the property on one side of a street between two intersecting streets crossing or terminating measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead end of the street.
Garage, private, means a building or part thereof accessory to a main building and providing for the storage of automobiles and/or other personal property, and in which no occupation or business for profit is carried on. An attached private garage is considered as part of the principal building.
Garage, public, means any building or premises except those used as private garages, used for equipping, refueling, servicing, repairing, hiring, leasing, selling, or storing motor-driven vehicles.
Garage, storage, means any building or premises used only for housing motor-driven vehicles pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold.
Gasoline, filling or service station, means a building or premises used for dispensing or offering for sale at retail, any automotive fuels or oils, or having pumps and storage tanks therefore; or battery, tire or any similar service is rendered, and where vehicles are not parked for purposes of display, inspection and sale.
Grade means the average level of the finished surface of the ground adjacent to the exterior walls of a building.
Grain elevator (commercial) means a structure or group of related structures whose primary purpose is limited to the receiving, retailing, storage, drying, and transportation of grain which was not grown or raised on the land where the elevator is located. The term "grain elevator (commercial)" also includes feed, fertilizers, chemicals, preventive livestock medicines, additives and allied supplies which are not intended to be used on the premises.
Grain elevator (private) means a structure or group of related structures whose primary purpose is limited to the receiving, retailing, storage, drying, and transportation of grain which was grown or raised on the land where the elevator is located. The term "grain elevator (private)" also includes feed, fertilizers, chemicals, preventive livestock medicines, additives and allied supplies which are intended for use on the premises.
Greenhouse means an enclosed structure, usually glass, in which plants requiring controlled temperatures are grown.
Ground anchoring system means any device or combination of devices used to securely anchor a mobile home to the ground.
Ground support system means any device or combination of devices placed beneath a mobile home and used to provide support.
Hatchery means a place where eggs as of fish or domestic fowl are hatched.
Home occupation means a secondary use carried on entirely within the dwelling, and not outside the dwelling or in an accessory building, and where there is no evidence of such occupation being conducted on the premises by signs larger than four square feet, displays, noise, odors, electrical disturbances, or traffic generation, and where not more than one-half of the floor area of any one floor is devoted to such use. If a bath area is required, it will not be included in figuring the floor area.
Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, as distinguished from a boardinghouse or roominghouse, but may include food or liquor dispensing areas and meeting rooms.
Institution means a building occupied by a non-profit corporation or a non-profit establishment for public use.
Junk means any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.
Junk and/or salvage yard means any area where waste, discarded or salvaged material or equipment are bought, sold, exchanged, baled or packed, disassembled, kept, stored, or handled, including house wrecking yards, auto wrecking activities, used lumber yards and places or yards for storage of salvaged building materials and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental and necessary to manufacturing operations and not including contractors' storage yards.
Kennel, commercial dog and cat, means any premises on which three or more dogs or cats four months or older are boarded, bred, trained or groomed.
Kennel, private or hobby, dog and cat, means any lot on which three or more dogs or cats three months old or older, are kept with the intention of selling dogs. However, this shall not include grooming, boarding, or other activities dealing with dogs owned by persons other than the dog or cat owner.
Lawful use means the use of a building or land which existed on the effective date of the ordinance codified in this chapter and for which a legal zoning permit has been issued thereafter.
Lodging house means a building where lodging is provided for compensation for five or more persons, not members of the family there residing, nor transient guests.
Lot means a lot of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide the yards and other open space as are herein required. A lot shall have frontage on a public street or private street and may consist of:
(1)
A single lot of record.
(2)
A portion of a lot of record.
(3)
A combination of complete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record.
(4)
A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
SAMPLE LOT DEFINITIONS
Lot, area, means total horizontal area within lot lines.
Lot, corner, means a lot abutting upon two or more streets at their intersection.
Lot, depth, means the mean horizontal distance between the front and rear lot lines.
Lot, double frontage, means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
Lot, interior, means a lot other than a corner lot.
Lot lines means the lines bounding a lot.
Lot line, front, means in the case of an interior lot abutting on only one street, the front lot line is the street line of the one street. In the case of any other lot, it may be such street line as is elected by the owner to be the front line for this chapter.
Lot line, rear, means the lot line opposite and most distant from the front lot line.
Lot line, side, means any lot line other than a front or rear lot line.
Lot of record means a lot which is a part of a legal subdivision of the city, the plat of which has been recorded in the office of the county recorder; or a parcel of land described by metes and bounds, the deed or valid contract of sale of which was recorded in the office of the county recorder prior to the original effective date of the ordinance from which this chapter is derived.
Lot, reversed frontage, means a corner lot, the side street line of which is substantially a continuation of the front line of the first platted lot to its rear.
Lot width means the width of a lot measured at the building line and at right angles to its depth.
Lumber yard means a premises on which primarily new lumber and related building materials, supplies and construction tools are sold.
Major streets means any thoroughfare, boulevard, parkway or highway used by persons and vehicles or to be used for through traffic in, by or through the city. Major streets shall be designated by resolution of the council.
Mobile homes (manufactured home) means a structure built in a factory to the construction and safety standards established under the authority of 42 USC 5403. Where it is proposed to place such a home outside a mobile home park it shall be converted to real estate under the provisions of section 435.26 of the Code of Iowa (I.C.A. § 435.26). A mobile home located outside of a mobile home park, unless granted a temporary permit for location outside a mobile home park when so provided by a city ordinance, shall have a minimum width of 24 feet on its shortest side, and the structure shall meet minimum front, rear, and side yard requirements of the lot in its residential or other permitted zone. The foundation of such mobile home shall be placed on a permanent full foundation of solid concrete blocks set in mortar, or on a poured concrete foundation. The footings shall be at least below the frost line and 12 inches below the top of undisturbed earth. The frost line shall be deemed to be four and one-half feet below final finish grade at the foundation and any backfill shall be properly compacted to prevent excessive frost penetration. Footings shall be at least 12 inches wide and six inches thick. The mobile home shall be firmly anchored to the foundation in accordance with accepted practice in lieu of tiedowns. A mobile home not in place outside a mobile home park on the effective date of the ordinance from which this section is derived and not complying with the standards required for mobile homes since July 1976 under the state building code shall not be permitted to be converted to real estate under section 435.26 of the Code of Iowa (I.C.A. § 435.26). Only mobile homes complying with the standards of safety and construction required since 1976, with a medallion and certificate of compliance may be placed outside a mobile home park after the original effective date of the ordinance from which this section is derived.
Mobile home park and/or trailer park means an approved site, lot, field, or tract of land designed, maintained or used for the purpose of supplying location and accommodations for mobile homes or trailers occupied for dwelling or sleeping purposes and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such park; unoccupied mobile homes which are parked for the purposes of inspection and sale may be placed in a mobile home park if they are incidental to the operation of said mobile home park,
Motel, auto court, motor lodge means a building or group of attached or detached buildings containing individual sleeping or living units for overnight auto tourists, with parking facilities conveniently located to each such unit, and may include such accessory facilities as a swimming pool, restaurant, meeting rooms, etc. Such building or group of buildings may include quarters of a more permanent nature for the use of operating personnel.
Motor freight terminal means a building in which freight by motor truck is assembled and sorted, for routing in intrastate or interstate shipment. The term "motor freight terminal" does not include facilities for repair or storage of vehicles.
Nonconforming use means the lawful use of a building or land on the original effective date of the ordinance from which this chapter is derived or amendments thereto, which use does not conform to the provisions of this chapter for the district in which it is located.
Noxious materials means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.
Nursery (commercial) means a place where plants are grown, especially for sale.
Nursery (private) means a place where plants are grown, not for sale.
Nursing or convalescent home means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled or injured persons.
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, junk, solid waste, refuse, fill, or other analogous structure or matter in, along, across, or projecting into any waterway or drainage way 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 natural flow of the water would carry the same downstream to the damage or detriment of either life or property.
Occupancy permit means a certificate issued by the administrator to ensure compliance with this chapter.
Occupant means a tenant or owner of premises.
Office means a place where chattels or goods, wares and merchandise are not commonly created, sold or exchanged.
Official zoning map means the official zoning map, which shall be on file in the office of the clerk and recorded in the records of the county recorder, and all references hereafter to this official map shall mean this map. This map by this reference hereto being made a part of this chapter.
Open sales lot means any unenclosed land used or occupied for the purpose of buying and selling new or second-hand passenger cars, trucks or farm machinery or for the storing of the same prior to sale.
Parking lot means a parcel of land, a yard or other open space on a lot used for or designated for use by standing vehicles.
Parking space means an area of not less than 200 square feet plus necessary maneuvering space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or unparking shall not encroach upon any public right-of-way. Parking spaces for other than residential use shall be of a surface material approved by the superintendent.
Person means any natural individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body. As applied to partnerships or associations, the term "person" includes the partners or members thereof; as applied to corporations it includes the officers, agents, or employees thereof who are responsible for the act referred to. The singular includes the plural, and the plural includes the singular. The masculine gender includes the feminine and neuter genders.
Place, public, means an open or unoccupied public space more than 20 feet in width which is permanently reserved for the purpose of access to abutting property.
Porch, unenclosed, means a roofed structure unheated, open on two or more sides, projecting from the front, side or rear wall of the building. An open porch may be enclosed by removable insect screens and/or storm windows.
Principal use means the main use of land or structures as distinguished from an accessory use.
Property owners means a person owning private property in the city as shown by the county auditor's plats of the city.
Public property means any and all property located within the confines of the city and owned by the city or held in the name of the city by any of the departments, commissions or agencies within the city government.
Public stockyard or marketing agency means that as defined in the Packers and Stockholders Act of 1912 as amended.
Retail store means an enterprise offering for sale to the ultimate consumer for direct consumption and not for resale.
Right-of-way means the land area the right of possession of which is secured or reserved by the contracting authority for road purposes.
Roomer/lodger means a resident of a room of a building for other than transient residence where meals may be regularly served in each or one of a group of buildings for the purpose of furnishings residence or lodging for compensation to the owner. The term "roomer/lodger" shall include residents of a dormitory, nursing, rest, retirement or convalescent home or any house containing roomers.
Roominghouse means any dwelling in which more than three persons not related by blood, marriage, adoptions or placement for foster care are housed or lodged for hire, with or without meals. A boardinghouse or furnished room house shall be deemed a roominghouse.
Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes
Setback means the required distance between a street or alley line or party lot line and the building wall of the conforming structure on the lot when measured at right angles to the street or lot line.
Shop means a use devoted primarily to the sale or a product or products, but the service is performed or the product to be sold is prepared in its finished form on the premises. Packaging is not to be considered preparation.
Sign, exterior, means a sign which directs attention to a business, profession, service, product, or activity sold or offered upon the premises where such sign is located. The term "exterior sign" means a sign attached flat against a building or structure, or projecting out from a building or structure, or erected upon the roof of a building or structure.
Sign, freestanding or post, means any sign erected or affixed in a rigid manner to any pole or post, and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located, including signs, or sign devices indicating the business transacted, services rendered or goods sold or produced on the premises by an occupant thereof.
Sign, illuminated, means a sign designed to give forth artificial light or through transparent or translucent material from a source of light within such sign, including, but not limited to, neon and exposed lamp signs.
Special exception means a use not in specific conformity with the provisions of this chapter, which may be allowed according to enumerated community safeguards.
Stable, private, means a building or structure used or intended to be used for housing horses belonging to the owner of the property for non-commercial purposes.
Stable, public, means a building or structure used or intended to be used for the housing of horses on a fee basis or the activity of giving riding instructions.
Story means that part of a building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half of its height of one or more walls above the highest level of adjoining ground.
Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the top floor level.
Street front means the street or public place upon which a plot abuts. If a plot abuts upon more than one street or public place, it shall mean the street designated as the front street in the owner's application for a zoning permit.
Street line means a dividing line between a lot, tract or parcel of land and a continuous street.
Street, road, or drive, private, means any private property intended for use by vehicular traffic but not dedicated to the public nor controlled or maintained by the city.
Street, road, or drive, public, means any property intended for use by vehicular traffic which has been dedicated to the public or deeded to the city for street purposes.
Structural alterations. See Alteration, structural.
Structure means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground, but not including wheelchair ramps, or poles and appurtenances thereto used for the provision of public utilities. Among other things, structures include buildings, mobile homes, billboards, poster panels and fences not to exceed 96 inches in height.
Tie-down system means a ground support system and a ground anchoring system used in concert to provide anchoring and support for a mobile home.
Tourist home means a dwelling in which rooms are available for rental purposes as overnight sleeping accommodations primarily for transients.
Trailer park. See Mobile home park and/or trailer park.
Truck gardening means growing fruits, vegetables, etc., for purpose of sale.
Truck terminal means a commercial facility where truck freight is stored, handled and dispatched between various locations by way of different major truck carriers and including facilities for the storage and repair of trucks and trailers while awaiting consignment.
Undefined words means words not specifically defined in this chapter which shall have the common definition set forth in a standard dictionary.
Use means any activity, occupation, business or operation carried on, or intended to be carried on in a building or structure or on a tract of land.
Use, accessory, means a subordinate use, such as a private garage, which is clearly and customarily incidental to the principal use of a building or premises; which is located on the same lot as the principal building or use, except for the accessory parking facilities as are specifically authorized to be located elsewhere.
Use, principal, means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
Usual agricultural buildings means a building commonly located on a farm and used about agriculture. The term "usual agriculture buildings" shall include buildings designed primarily to shelter animals or fowl, feed or other supplies for fowl or animals, grain, and/or equipment.
Variance means a modification or variation of the provisions of this chapter as applied to a specific piece of property, as distinct from rezoning which affects a broader area of the city.
Wheelchair ramps means any part of a wheelchair-accessible route to a structure, building, accessory building or structure, or dwelling. If possible, wheelchair ramps shall be constructed in compliance with the Americans with Disabilities Act Accessibility Guidelines. All wheelchair ramps shall have a turnaround of at least five-foot by five-foot, but no greater than six-foot by six-foot. Any turnaround greater than six-foot by six-foot shall be considered a deck.
Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. The measurements of a yard shall be construed as a minimum horizontal distance between the lot line and the exterior wall of a building or structure.
EXAMPLES OF YARD DEFINITIONS
Yard, front, means the required space open for the whole width of the lot that may not include the nearest part of the front wall of the principal building on the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than 30 inches, steps, bay windows, or similar features not extending through more than one story and which do not aggregate more than one-third of the width of the frontage of the building and vestibules not more than one story in height and extending more than three feet beyond the front wall of the principal building.
Yard, rear, means the required open space extending along the rear lot line (not a street line) throughout the whole width of the lot to the rear wall of the principal building, excluding cornices, eaves, gutters, chimneys projecting not more than 30 inches, uncovered steps, open porches, not more than one story in height and extending eight feet or less from the rear wall of the principal building and accessory buildings.
Yard, side, means the required open space extending along the side lot line from the front yard to the rear yard, excluding cornices, eaves, gutters, chimneys and bay windows, not exceeding three feet in width, or similar features extending not more than one story in height which project into the side yard but are not more than 30 inches projected.
Zoning administrator. See Administrator.
Zoning permit means a permit issued by the administrator authorizing the use of land in the manner and for the purpose specified in the application.
§ 109-3. Definitions.
Latest version.
(Prior Code, § 121.03; Ord. No. 166, 11-14-1984)