Buena Vista

Modification means a modification is a relaxation of the terms used in the zoning ordinance where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Nonconforming use of structures means the otherwise legal use of a building or structure that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Nonconforming structure means a structure existing at the time of enactment or amendment of this ordinance which does not conform to the requirements of this ordinance by reason of height or condition, or by reason of its impingement upon required yard areas.

Nonconforming use of land means a use of land existing at the time of the enactment of this ordinance, or at the time of a zoning amendment, which does not conform to the regulations of the use district in which it is located.

Public water and sewage systems means a water or sewage disposal system owned and operated by a municipality or any water or sewage disposal system serving three or more families which is properly licensed.

Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of 100 square feet for each small animal or two hundred (200) square feet for each larger animal shall not be regarded as a pen. Any enclosure containing a hog is a hog pen.

Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of 100 square feet for each small animal or two hundred (200) square feet for each larger animal shall not be regarded as a pen.

Performance guarantee means a bond with surety and/or cash deposit, escrow, or letter of credit approved by the governing body or its administrator in the amount equal to the full cost of improvements required by these regulations and providing for completion of said improvements within a definite term and to provide an additional ten percent of total estimate for administrative costs.

Required open space means any space required in any front, side, or rear yard.

Story means that portion of a building, other than the cellar, included between the surface of any floor and the floor next above it. If there be no floor above it, the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two thirds of the floor area is finished off for use.

Subdivision means the division of any tract, parcel, or lot of land into three or more parts, any one of which contains an area of less than two acres for the purpose of transfer of ownership or building development. If a new street (see 302.158) is involved in any such division, any division of a parcel of land is a subdivision.

To subdivide shall not include a bona fide division or partition of agricultural land into parcels of less than two acres for agricultural purposes or for building sites for the farmstead or tenant houses. Plats of divisions so excused will contain notice that the plat has not been approved for residential purposes and must be approved by the agent prior to recordation. The term "to subdivide" shall not include a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the owner. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing the provisions of the subdivision ordinance.

Setback means the minimum distance by which any building structure must be separated from the front lot line.

Setback line means a line generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground.

Short-term rental means a dwelling, or portion of a dwelling, used or advertised for transient occupancy in increments of 30 or fewer consecutive days. This use type does not include bed and breakfast establishments and does not apply to month to month extensions following completion of a year's lease.

Small-scale alcohol production establishment means a facility for the production and packaging of beer, cider, distilled spirits, malt beverages, mead, wine, or similar beverages within the following limits: (a) Beer, cider, or malt beverages: 15,000 barrels per year; (b) Distilled spirits: 5,000 gallons per year; (c) Wine or mead: 5,000 gallons per year.

Special exception means a special use not permitted in a zoning district unless approved by the board of zoning appeals in accordance with the terms of this ordinance.

Travel trailer means a vehicular, portable structure built on the chassis, designed to be used as a temporary occupancy for travel, recreation, or vacation; being of any length provided its gross weight does not exceed 40,500 pounds, or being of any weight provided its overall length does not exceed 28 feet.