City of wayland, iowa


SECTION 015-010: RULES OF INTERPRETATION



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SECTION 015-010: RULES OF INTERPRETATION


For the purpose of this Ordinance, certain terms or words and expression are hereby defined.
015-010.A: Tense.

The present tense includes the future tense.


015-010.B: Number.

The singular number includes plural, and the plural number includes the singular.


015-010.C: Shall and May.

The word “shall” is mandatory; the word “may” is permissive.


015-010.D: Gender.

The masculine term “he” includes the feminine term “she.”


015-010.E: Person.

The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.


015-010.F: Used or Occupied.

The words “used” or “occupied” include the words intended, designed, or arranged to be used or occupied.


015-010.G: Lot.

The word “lot” includes the words “plot” or “parcel,” and all other words or phrases used to denote an individual building site or tract which complies with the minimum provisions of this Ordinance.



SECTION 015-020: DEFINITIONS


ACCESSORY APARTMENT: A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit; whether a part of the same structure as the dwelling unit or a detached dwelling unit on the same lot, for the temporary use by guests of the occupants of the premises.
ACCESSORY USE OR STRUCTURE: A subordinate structure or use, which customarily is incidental to that of the principal or conditional use of the premises. Customary residential accessory uses include but not limited to tennis courts, swimming pools, detached garages, air conditioners, garden houses, decks, children play houses, barbecue ovens, fire places, patios, and residential storage sheds. Under no circumstances shall it include incomplete or inoperable motor vehicles. Garages or other accessory uses attached to the principal structure shall be considered a part thereof and meet the requirements of the principal structure.
ADDITION: Any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.
AGRICULTURE: The use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, aquatic farming, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal used for agricultural purposes. If the tract of land is less than 35 acres, it shall be presumed that the tract is not primarily used for agricultural purposes.
ALLEY: A public right-of-way, other than a street, 26 feet or less in width, affording secondary means of access to abutting property. An alley shall now be considered a public thoroughfare.
ALTERATION, INCIDENTAL: Modifications to a building or structure that are of a cosmetic nature, replacement of utilities, and rearrangement of internal partitions. The replacement of load-bearing walls is not permitted.
ALTERATION, STRUCTURAL: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
AMENDMENT: A change in the wording, context or substance of this Ordinance, or a change in the zoning or district boundaries of the Official Zoning Map, a part of this Ordinance, when adopted by Ordinance passed by the proper authoritative body in the manner prescribed by law.
ANTIQUE SHOPS: A place used for the sale or trade of articles of which are at least 30 years old or have collectible value. Antique shops does not include “secondhand store.”
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 5 or more vehicles which for a period exceeding 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 re-use, salvage, or sale, shall constitute prima-facie evidence of an automobile wrecking yard.
BASEMENT: The portion of a building having part, but not more than one-half (1/2) of its height below grade. A basement shall not be counted as a story for the purpose of height regulation, provided the finished floor level directly above is not more than 6 feet above grade.
BASEMENT, WALKOUT: A basement having a portion of its finished floor not more than 4 feet below the finished yard grade at any of its exterior walls and not having 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.
BILLBOARD: A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
BLOCK: An area of land bounded by a street, or by a combination of streets and public parks, cemeteries, railroad right-of-ways, exterior boundaries of a subdivisions, shoreline of waterways, or corporate boundaries.
BOARD: The Board of Adjustment of the City.
BOARDING OR LODGING HOUSE: A building other than a hotel where for compensation and by pre-arrangement for definite periods, lodging and/or meals, are provided for 4 or more persons, not exceeding 15 persons. Shall not include rest homes.
BODY SHOP, MOTOR VEHICLE: Any building or portion thereof used for the repair or straightening of a motor vehicle body or frame or painting of motor vehicles. Maintenance, service, and engine repair may be performed as an ancillary function of the bodywork.
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 Ordinance.
BUILDING: Any structure having a roof supported by walls or columns intended for enclosure, shelter or housing of persons, animals, or chattel. When any portion thereof is entirely separated by walls in which there is no communicating doors or windows or any similar opening, each portion so separated shall be deemed a separate building.
BUILDING COVERAGE: The horizontal area measured within the outside of the exterior walls of the ground floor of all principle and accessory buildings on the lot.
BUILDING HEIGHT: 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 and as stated on the ground, including all areas covered by vertical projection to the ground of overhang of walls, or any part of a primary structural support or component, which is nearest to the property line. (Also see Setback)
BUILDING, PRINCIPAL: A building in which the primary use of the lot which the building is located is conducted.
BUILDING SITE: The ground area of one lot or the ground area of 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 Ordinance. (Also see 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 12,000 gallons.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematory, mausoleums, mortuaries, necessary sales, and maintenance facilities when operated in conjunction with and within the boundary of such cemetery.
CENTERLINE, PUBLIC THOROUGHFARE: A 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 survey, sketch, plan, map, or other exhibit containing a written statement regarding accuracy or conformity to specified standards certified and signed and sealed by the registered surveyor under whose supervision said survey was prepared.
CHILD CARE CENTER: A facility providing child care or preschool services for 7 or more children, except when the facility is registered as a child care home (Iowa Code 237A). Whereas, the care, supervision, and guidance of a child by a person other than the child’s parent, guardian, or custodian for periods of less than 24 hours per day per child on a regular basis.
CHILD CARE FACILITY: Either a childcare center, preschool, or a registered childcare home as defined in Chapter 237A in Iowa Code.
CHILD CARE HOME: A person or program providing child care as a family child care home; where as child care is given to less than 7 children at any one time or to less than 12 children at any one time as authorized by section 237A.3, subsection 1 of Iowa Code.
CHURCH: Any building or site used for non-profit purpose, whose primary use is public religious worship
CLUB: An association of persons for some common non-profit purposes, not including groups organized primarily to render a service, which is customarily carried on as a business.
COCKTAIL LOUNGE: Any place of business, other than a midnight clubs' located in and accessory to a hotel, motel or restaurant, where liquor, beer or wine is sold for consumption on the premises, where music or other entertainment is limited to a piano bar or other one person performance and dancing is prohibited. (Also see Tavern, Night Club)
COMMERCIAL USE: The barter, exchange, sale, service or trade of goods, materials or services, either tangible or intangible for financial, material or monetary gain.
COMMISSION: The Planning and Zoning Commission of the City.
CONDITIONAL USE: A use or occupancy of a structure, or a use of land permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.
CONSIGNMENT STORE: A retail establishment engaged in selling used merchandise, such as clothing, furniture, books, shoes, or household appliances, on consignment, or a retail establishment engaged in selling donated used merchandise. Merchandise is brought to the establishment and processed by marking, cleaning, sorting, and storing as a major part of the principal use. Such stores do not include those selling vehicle, auto parts, scrap or waste.

CONVENIENCE STORE: A retail store/establishment offering for sale a limited line of groceries and gasoline; does not include automotive service stations, or vehicle repair shops.


COUNCIL: The elected City Council of Wayland, Iowa.
COURT: An open, unoccupied, unobstructed space, except for trees, shrubs, statuary, or other articles normally considered accessory to landscaping, which is bounded on 2 or more sides by a building on the same lot.
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.
DISTRICT: A section or sections of land area, depicted on the Official Zoning Map, within the regulations governing the use of buildings and premises are uniform.
DOG KENNEL: The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in a dog hospital, dog beauty parlor or pet shop, as permitted by law, or the keeping of 5 or more dogs, 6 months or older, on premises used for residential purposes, or the keeping of more than one dog on vacant property or on property used for business or commercial purposes, shall constitute a kennel.
DUMP: A premises used for the disposal of "clean" type fill or refuse such as dirt, rocks, cans, tree branches and similar materials, not including organic matter of any type such as garbage or dead animals or portions thereof.
DUPLEX: A structure containing two dwelling units, each of which has direct access to the outside.
DWELLING: Any stationary, permanent building or structure or portion thereof, designed for residential purposes for occupancy by one or more families. In no case shall a tent, motor home, cabin, trailer, trailer coach, automobile chassis, or portable building be considered a dwelling.
DWELLING UNIT, ATTACHED: Two or more dwelling units within a structure.
DWELLING UNIT, DETACHED: No more than one dwelling unit within a structure.
DWELLING, SINGLE-FAMILY DETACHED: A detached dwelling unit (duplex) building/structure designed for and occupied exclusively for residential purposes by one family.
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling unit (townhouse), which is most commonly horizontally attached to another dwelling where each unit has direct access to their own unit from the exterior of the building, rather than through a common hallway.
DWELLING, TWO-FAMILY: A building designed for and used exclusively for occupancy by 2 families living independently of each other and containing two dwelling units.
DWELLING, MULTIPLE: A building or buildings on a common land designed for and used for occupancy by 3 or more families living independently of each other and containing 3 or more dwelling units.
EASEMENT: The right to use property owned by another for specific purposes or to gain access to another property by the public, a corporation, or persons. Includes, but not limited to, the construction of utilities, drainage ways, and roadways.
FAMILY: One or more legally related persons occupying a single dwelling unit.
FARM: An area comprising of 10 or more acres that are used for agricultural purposes. (Also see Agriculture)
FENCE: An enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protections, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth.
FLOOR AREA, GROSS: The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Gross floor area shall not include attics.
FRONTAGE: The distance of a front lot line as measured along the public thoroughfare. (Also see Lot Lines, Front)
GARAGE, COMMUNITY: A structure, or a series of structures under one roof, and under one ownership, used primarily for storage of vehicles by 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: An accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building
GARAGE, PUBLIC: A structure other than a private garage, used for the shelter or storage of motor powered vehicles and in which the care, minor servicing, washing, etc., is an accessory use.
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, body work or other major servicing of motor vehicles.
GAS STATION, FULL SERVICE: A building or structure limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aids, and minor automobile accessories. In addition, such a facility provides minor vehicle servicing, minor repairs, and maintenance, and may provide engine rebuilding but not reconditioning of motor vehicles, collision services such as body, frame, or fender straightening and repair, or over-all painting of automobiles.
GRADE:

A. For buildings having walls adjoining one street only, the elevation of the regularly established sidewalk grade at the center of the wall adjoining the street.


B. For buildings having walls adjoining more than one street, the average elevation of the regularly established sidewalk grades at the center of the walls adjoining the street.
C. For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is considered as adjoining the street.
GREENHOUSE: A building or accessory structure constructed chiefly of glass or other translucent material, which is devoted to the protection or cultivation of flowers or other tender plants.
HALF-STORY: A story of a structure or building with at least 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.
HEALTH CARE FACILITY: A facility or institutions whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition, including be not limited to a general hospital, diagnostic center, treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, outpatient laboratory, or central services facility serving one or more such institutions.
HOME OCCUPATION: Any occupation or profession conducted solely by resident occupants in their place of residence, involving primarily service and not the sale of commodities upon the premises; provided further that not more than one-half (1/2) of the area or not more than one floor level of the building may be used in pursuit of the occupation, and in connection therewith there is no sign other than one name plate affixed to the outer wall, or not more than one square foot in area that will indicate from the exterior of the building is being utilized in part for any purpose other than that of a dwelling. And not more than one person other than the occupants of the building may be employed.
HOSPITAL: An institution, licensed by the state department of health, 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: A building in which temporary lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house as herein defined. In addition, guests who are lodged, with or without meals, and in which there are 6 or more sleeping rooms or suites of rooms with no provisions made for cooking in any individual room or suite of rooms, and entrance is through a common lobby or office.
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, cask, 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.
JUNK YARD: A parcel of land 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 materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building, and not including the processing of used, discarded or salvaged materials necessary as a part of manufacturing operations.
KENNEL: Any place where 4 or more dogs, cats, or other domestic animals over three months of are kept, raised, sold, boarded, bred, shown, treated or groomed.
KITCHEN: Any room principally used, intended or designed to be used for the cooking and preparation of food.
LAUNDROMAT: Facilities where patrons pay to wash, dry, and/or iron clothing or other fabrics in provided machines.
LIBRARY: A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. In addition, where community services are offered such as, but not limited to children’s read-a-longs, access to computers and related equipment, and study rooms.
LIVESTOCK MARKET: A commercial establishment where livestock is collected for sale or auctioning.
LOADING SPACE: An 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 parcel of land of sufficient size to meet minimum zoning requirements in this Ordinance, for use, coverage and area, and to provide such yards and other open spaces as are herein required.
LOT, FRONTAGE: A lot shall have frontage on a dedicated street, and may consist of any one of the following:

  1. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record.




  1. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this Ordinance.




  1. A portion of a lot of record.

D. Single lot of record.


LOT LINES: The property lines bounding the lot.

  1. Front. The line separating the front of the lot from the street; in the case of a corner lot the part of the lot having the narrowest frontage on any street shall be considered the front lot line.




  1. Rear. The rear lot line is the boundary that is opposite and most distant from the front lot line. In the case of an interior triangular or gore-shaped lot, it shall mean a straight line 10 feet in length which:

1. Is parallel to the front lot line or its chord.

2. Intersects the 2 other lot lines at points most distant from the front lot line.




  1. Side. Any lot boundary lines that is not a front line or a rear lot line.

LOT MEASUREMENTS:



  1. Area. The horizontal gross area, exclusive of streets or other public right-of-ways, within the exterior lines of a lot.




  1. Depth. The mean (average) 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 goreshaped lot, the depth shall be the horizontal distance between the midpoints of 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.



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