§ 8C.1 Short title
§ 8C.2 Definitions
§ 8C.3 Uniform rules and limitations — applications.
§ 8C.4 Uniform rules — new tower applications.
§ 8C.5 Uniform rules for certain changes
§ 8C.6 Use of public lands for towers and transmission equipment
§ 8C.7 Utility poles
§ 8C.7A Uniform rules for small wireless facilities — permit approval.
§ 8C.7B Small wireless facilities — violation and removal.
§ 8C.7C Height limitations
§ 8C.8 Application and construction
§ 8C.9 Repeal

Terms Used In Iowa Code > Chapter 8C

  • Abandoned: means the occurrence of any of the following in relation to a mark:
  • analysis: is a study of real estate or real property other than estimating value. See Iowa Code 543D.2
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means a person filing an application for registration of a mark under this chapter, and the person's legal representative, successor, or assignee. See Iowa Code 548.101
  • Appraisal: A determination of property value.
  • Appraisal assignment: means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting as a disinterested third party in rendering an appraisal, valuation, or analysis. See Iowa Code 543D.2
  • Appraisal foundation: means the appraisal foundation incorporated as an Illinois not-for-profit corporation on November 30, 1987. See Iowa Code 543D.2
  • Appraisal report: means any communication of an appraisal. See Iowa Code 543D.2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Architect: means a person qualified to engage in the practice of architecture who holds a current valid license under the laws of this state. See Iowa Code 544A.16
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate real estate appraiser: means a person who may not yet fully meet the requirements for certification but who is providing significant input into the appraisal development under the direction of a certified appraiser. See Iowa Code 543D.2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Board: means the real estate appraiser examining board established pursuant to this chapter. See Iowa Code 543D.2
  • Board: means the architectural examining board established in section 544A. See Iowa Code 544A.16
  • Board: means the landscape architectural examining board established pursuant to section 544B. See Iowa Code 544B.1
  • Board: means the interior design examining board established pursuant to this chapter. See Iowa Code 544C.1
  • Bureau: means the professional licensing and regulation bureau of the banking division of the department of commerce. See Iowa Code 544C.1
  • certified real estate appraiser: means a person who develops and communicates real estate appraisals and who holds a current, valid certificate for appraisals of types of real estate which may include residential, commercial, or rural real estate, as may be established under this chapter. See Iowa Code 543D.2
  • Child: includes child by adoption. See Iowa Code 4.1
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means physical alteration of a building or improvement of real estate, and includes new construction, enlargements, or additions to existing construction, and alterations, renovation, remodeling, restoration, preservation, or other material modification to and within existing construction. See Iowa Code 544A.16
  • Construction documents: means the drawings, specifications, technical submissions, and other documents upon which construction is based. See Iowa Code 544A.16
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Copyright owner: means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States under 17 U. See Iowa Code 549.2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Dilution: means the lessening of the capacity of a mark to identify and distinguish goods or services, regardless of the presence or absence of any of the following:
  • Direct supervision and responsible charge: means an architect's personal supervisory control of work as to which the architect has detailed professional knowledge. See Iowa Code 544A.16
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • financial institution: means the same as defined in section 527. See Iowa Code 547A.1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Fraud: Intentional deception resulting in injury to another.
  • Good moral character: means a reputation for trustworthiness, honesty, and adherence to professional standards of conduct. See Iowa Code 544A.16
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • infant formula: means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under two years of age. See Iowa Code 546A.1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insurer: means an insurer organized under Title XIII, subtitle 1, or similar laws of any other state or the United States. See Iowa Code 547A.1
  • Interior design: means the design of interior spaces including the preparation of documents relating to space planning, finish materials, furnishings, fixtures, and equipment, and the preparation of documents relating to interior construction that does not affect the mechanical or structural systems of a building. See Iowa Code 544C.1
  • Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
  • Internet site: means a specific location on the internet that is determined by internet protocol numbers, by a domain name, or by both, including but not limited to domain names that use the designations ". See Iowa Code 4.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • juristic person: includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law. See Iowa Code 548.101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means the license issued to an architect by the board. See Iowa Code 544A.16
  • Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
  • Mark: means a trademark or service mark, entitled to registration under this chapter, whether registered or not. See Iowa Code 548.101
  • Medical device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool, or other similar or related article, including any component, part, or accessory, to which either of the following applies:
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • New and unused property: means tangible personal property that was acquired by the unused property merchant directly from the producer, manufacturer, wholesaler, or retailer in the ordinary course of business which has never been used since its production or manufacture or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured. See Iowa Code 546A.1
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonprescription drug: means any nonnarcotic medicine, drug, or other substance that may be sold without a prescription or medication order, and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, and properly labeled and unadulterated, pursuant to the requirements of state and federal laws. See Iowa Code 546A.1
  • oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Observation of construction site progress: means intermittent visitation to the construction site by an architect or the architect's employee for the purpose of general familiarity with the progress and quality of the construction and general conformance of the construction to the construction documents and general compliance with the applicable building codes. See Iowa Code 544A.16
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performing rights society: means an association or corporation, including an agent or employee of the association or corporation, that licenses the public performance of a nondramatic musical work on behalf of a copyright owner, including the American society of composers, authors and publishers (ASCAP), broadcast music, inc. See Iowa Code 549.2
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Practice of architecture: means performing, or offering to perform, professional architectural services in connection with the design, preparation of construction documents, or construction of one or more buildings, structures, or related projects, and the space within and surrounding the buildings or structures, or the addition to or alteration of one or more buildings or structures, which buildings or structures have as their principal purpose human occupancy or habitation, if the safeguarding of life, health, or property is concerned or involved, unless the buildings or structures are excepted from the requirements of this chapter by section 544A. See Iowa Code 544A.16
  • Practice of landscape architecture: means the performance of professional services such as consultations, investigations, reconnaissance, research, planning, design, or responsible supervision in connection with projects involving the arranging of land and the elements thereon for public and private use and enjoyment, including the alignment of roadways and the location of buildings, service areas, parking areas, walkways, steps, ramps, pools and other structures, and the grading of the land, surface and subsoil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape and aesthetic values, in accordance with accepted professional standards of public health, welfare, and safety. See Iowa Code 544B.1
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional architectural services: means consultation, investigation, evaluation, programming, planning, preliminary design and feasibility studies, designs, drawings, specifications and other technical submissions, administration of construction contracts, observation of construction site progress, or other services and instruments of service related to architecture. See Iowa Code 544A.16
  • Professional consultant: means a person who is required by the laws of this state to hold a current and valid certificate of registration or license in the field of the person's professional practice, and who is employed by the architect to perform, or who offers to perform professional services as a consultant to the architect, in connection with the design, preparation of construction documents or other technical submissions, or construction of one or more buildings or structures, and the space within and surrounding the buildings or structures. See Iowa Code 544A.16
  • Professional landscape architect: means a person who has obtained a license pursuant to section 544B. See Iowa Code 544B.1
  • Programming: means the identification, verification, and analysis of the architectural requirements precedent to the planning and design of a building or structure. See Iowa Code 544A.16
  • property: includes personal and real property. See Iowa Code 4.1
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted. See Iowa Code 549.2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • real estate appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. See Iowa Code 543D.2
  • real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
  • Registered interior designer: means a person registered under this chapter. See Iowa Code 544C.1
  • Registrant: means a person to whom the registration of a mark under this chapter is issued, and the legal representative, successor, or assignee of such person. See Iowa Code 548.101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • royalties: means the license fee or fees payable by a proprietor to a performing rights society for the public performance of a nondramatic musical work. See Iowa Code 549.2
  • Rule: includes "regulation". See Iowa Code 4.1
  • seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
  • Secretary: means the secretary of state or the designee of the secretary charged with the administration of this chapter. See Iowa Code 548.101
  • Service mark: means a word, name, symbol, or device or any combination of a word, name, symbol, or device, used by a person to identify services and to distinguish the services of that person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. See Iowa Code 548.101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • Specialized services: means a hypothetical or other special valuation, or an analysis or an appraisal which does not fall within the definition of an appraisal assignment. See Iowa Code 543D.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Superintendent: means the superintendent of the division of banking of the department of commerce or the superintendent's designee. See Iowa Code 543D.2
  • Technical submissions: means the designs, drawings, sketches, specifications, details, studies, and other technical reports, including construction documents, prepared in the course of the practice of architecture. See Iowa Code 544A.16
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trade name: means a name used by a person to identify a business or vocation of such person. See Iowa Code 548.101
  • Trademark: means a word, name, symbol, or device or any combination of a word, name, symbol, or device, used by a person to identify and distinguish the goods of that person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown. See Iowa Code 548.101
  • United States: includes all the states. See Iowa Code 4.1
  • Unused property market: means any of the following:
     (1) An event where two or more persons offer personal property for sale or exchange, for which a fee is charged for sale or exchange of personal property, or at which a fee is charged to prospective buyers for admission to the area at which personal property is offered or displayed for sale or exchange, provided that the event is held more than six times in any twelve-month period. See Iowa Code 546A.1
  • Unused property merchant: means any person, other than a vendor or merchant with an established retail store in the county where the unused property market event occurs, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail. See Iowa Code 546A.1
  • Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Iowa Code 548.101
  • valuation: is a n estimate of the value of real estate or real property. See Iowa Code 543D.2
  • year: means twelve consecutive months. See Iowa Code 4.1