For the purpose of this ordinance, the following words and terms as used herein are defined to mean the following:

Generally: Words used in the present tense include the future; words in the singular number include plural; and words in the plural number include the singular; the word "building' includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory; the word "lot" includes the word "plot"; the term "used for" includes the meaning "designed for" or "intended for."

Accessory building or use: A subordinate building or use customarily incident to and located on the lot occupied by the main building or use.

Agricultural activity: Agricultural activity, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kneels and fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.

Alley: A way which affords only a secondary means of access to abutting property.

Apartments: A suite of rooms or a room in an apartment house arranged, intended, designed for or used as the place of residence of a single family as a single housekeeping unit.

Apartment hotel: An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to public.

Apartment house: A building arranged, intended, designed for or occupied by more than two (2) families.

Automobile service station: Any land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories, or for servicing or lubrication motor vehicles, or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders of motor vehicles, or painting motor vehicles, and public garages.

Auto wrecking or junkyard: Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.

Basement: A story partly underground and having at least one-half of its height below the average level of the adjoining ground. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

Board: Means board of adjustment as defined in Section IX.

Boarding house or lodging house: A building, other than hotel or apartment hotel, where for compensation, and by pre-arrangement for definite periods, lodging, meals, or lodging and meals are provided for three (3) or more persons.

Block: A piece or parcel of land entirely surrounded by public highways or street, other than alleys. In cases where the platting is incomplete or disconnected, the city engineer shall determine the outline of the block.

Building commissioner: The individual designated to administer the zoning ordinance and who is responsible for the enforcement of the regulations imposed by said ordinance.

Building, heightof: The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof, or the average height between eaves and ridge for gable, hip and gambrel roofs.

Building width: The width of the lot left to be built upon after the side yards are provided.

Cellar: That part of a building having more than one-half of its height below the average grade of the adjoining ground.

City: Means the City of Auxvasse, Missouri.

Clinic: An establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians, dentists or other allied health care providers practicing in the same building.

Club: Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational. Or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

Club, accommodation type: A structure designed or used for the assemblage of persons for social or fraternal purposes and containing rooms for temporary or permanent occupancy by individuals.

Club, assembly type: A structure designed or sued for the assemblage of persons for social, fraternal or entertainment purposes.

Commercial feed lot: An area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.

Commission: Means the planning and zoning commission of Auxvasse, Missouri.

Conditional use: A use allowed in a zoning district after a permit is granted by the board of adjustment according to provisions of Section IX.

Condominium: A development in which individual ownership in fee is restricted to that which is within the walls or designated bounds of a unit, and collective ownership applies to all other land and facilities beyond the individual units.

Cooperative: A development in which individual ownership is a share of the overall development.

Cooperativehouse: A structure designed or used as living quarters by a group or groups of persons organized to share the costs of operation.

Council: Means Board of Alderman of Auxvasse, Missouri.

Court: An unoccupied open space other than a yard on the same lot with a building or buildings which space is bounded on two (2) or more sides by the walls of such building or buildings.

Court apartment: An apartment house constructed around a court.

Curblevel: The main level of the curb in front of the lot, or in the case of a corner lot, along that abutting street where the mean curb level is the highest.

Dormitory: A building devoted exclusively to living facilities, in which each person residing in each living unit shall be a duly registered student in any accredited school, college or university, or the spouse of a student, or management employee. Such living facilities may contain sleeping rooms for use of one or more persons, provided that there is at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.

Driveway: An area established or used for ingress or egress of vehicles from a street or thoroughfare to any point on private property.

Dwelling: A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels. Neither mobile homes nor recreational vehicles are dwellings for the purposes of this ordinance. A prefabricated home shall not constitute a "dwelling" unless it meets all the criteria for a prefabricated home as set out in the definition of "prefab home."

Dwelling,multiple: A dwelling or group of dwellings on one plot, each containing separate living units for three (3) or more families, but which may have joint services or facilities.

Dwelling, one-family: A detached building arranged, intended or designed for occupancy by one family.

Dwelling, two-family: A building arranged, intended or designed for occupancy by two (2) families.

Family:

(a)

An individual or married couple and the children thereof and no more than two (2) other persons related directly to the individual or married couple by blood or marriage (excluding servants), except that a family may include not more than one individual person not related to the family by blood or marriage, provided that such additional person may be provided with sleeping accommodations but not with kitchen facilities; or

(b)

A group of not more than four (4) persons not related by blood or marriage, living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a nonprofit, cost-sharing basis.

Family day care homes, day care center, preschool centers, nursery schools, child play centers, child experiment stations or child development institutions: A place for the reception, care, training or instruction of five (5) or more children, not of common parentage, residing therein, regardless of sex, under the age of eighteen (18) years, for compensation or otherwise, provided that nothing herein contained shall be construed as applying to the regularly established public or parochial schools, colleges, universities, academies or seminaries, or other schools or institutions organized under and by virtue of the United States or the State of Missouri, and under the supervision of the duly constituted authorities thereof.

Floor area: The square feet of floor space within the outside line of walls and include the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses.

Floor area ratio: The floor area of the building divided by the area of the lot.

Frontage: All the property on one side of a street or highway, between two (2) intersecting streets (crossing or terminating) or for distance of four hundred (400) feet on either side of a proposed building or structure, measured along the line of the street; or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.

Garage, private: An accessory building for the storage of not more than three motor-driven vehicles, of which not more than one shall be a commercial vehicle of not more than two-ton capacity.

Garage, public: A building other than a private garage, used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale within the structure.

Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building.

Group housing project: A building project consisting of three (3) or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where the existing or contemplated street or streets or lot layouts make it impracticable to apply the requirements of this ordinance to the individual building units in such housing project.

Height ofbuildings: The vertical distance measured from the highest of the following three (3) levels:

(a)

From the street curb level.

(b)

From the established or main street grade in case the curb has not been constructed.

(c)

From the average ground level of the portion of the lot adjoining and within ten (10) feet of the building where it sets back from the street line ten (10) feet or more to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot, and to the mean height level of the top of the main place and the highest ridge for other roofs.

Height of yard or court: The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

Home occupation: Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate, not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity said upon the premises except that prepared on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is customary for purely domestic household purposes.

Hotel: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests in contradistinction to a boarding house or lodging house as herein defined.

Kennel: An establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.

Landscaped area: An area that is permanently devoted to and maintained for the growing of shrubbery, grass and other plant material.

Loading space: A space within the main building or on the same lot for standing, loading or unloading of trucks, having a minimum area of five hundred forty (540) square feet, a minimum width of twelve (12) feet, a minimum depth of thirty-five (35) feet, and a vertical clearance of at least fourteen and five-tenths (14.5) feet.

Lodging or rooming house: Same as "boarding house."

Lot: A parcel of land included in an approved plat occupied or to be occupied by a building and its accessory buildings, and including such open spaces and parking spaces as are required under this ordinance, and having its principal frontage upon a public street.

Lot, corner: A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the city engineer.

Lot depth: The mean horizontal distance from the front street line to the rear line.

Lot, front of: The front of a lot shall be considered to be that part of a lot which has access upon a public street, except for corner lots, unless otherwise specified by the city engineer.

Lot, interior: A lot whose side lines do not abut upon any street.

Lot line, front: The boundary between a lot and the street on which it fronts.

Lot line, rear: The boundary line which is opposite and most distant from the street line; except that in the case of uncertainty, the city engineer shall determine the real line.

Lot line, side: Any lot boundary line not a front or a rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.

Lot lines: The lines bounding a lot as defined herein.

Lot of record: A lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this ordinance.

Lot, through (double frontage): An interior lot having frontages on two (2) streets.

Lot width: The mean horizontal distance between side lines measured at angles to the depth.

Marquee: A roof like structure or awning projecting over an entrance not to project more than eight (8) feet from the building and to be not less than eleven (11) feet above the ground at its lowest point.

Mobile home or trailer: Mobile home or trailer: A mobile home is a dwelling unit, factory-built and factory-assembled, that was manufactured with a Vehicle Identification Number (VIN) at the time of its production and was designed to be transported after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations such as locating on jacks to be used with or without a permanent foundation, or connection to utilities. A prefabricated home or structure shall not be included in this definition.

Mobile home park: An area where one or more inhabited mobile homes are intended to be parked.

Motel, motor court, motor lodge or tourist court: Any building or group of buildings containing quest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building, with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.

Nonconforming use, building or yard: A use, building or yard, which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to the passage of this ordinance or otherwise approved as provided herein.

Nursing home: A home for the aged or infirm in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Parking space: A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, not less than nine (9) feet wide and twenty (20) feet long, together with driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.

Place: An open, unoccupied space, a minimum of fifty (50) feet in width, other than a street or alley, permanently established or dedicated as the principal means of access to property abutting thereon.

Place of public assembly: A structure designed or used for the congregation of persons in public or private meetings.

Prefabricated home: A dwelling unit of commonly found construction and style consisting of, but not limited to, wood, masonite, vinyl or steel sidings such as are commonly found on standard houses, and having an exterior roof covering of standard composite asphalt shingles or wood shake type shingles, and having a roof pitch of no less than 3 by 12 as commonly found in site-built dwelling houses. In addition, the unit shall be installed, placed, mounted and permanently secured to a poured concrete perimeter type foundation such as commonly used in dwelling construction. The general appearance of the installed unit shall be substantially similar to that of a standard site-built dwelling house.

Premises: A lot together with all buildings and structures thereon.

Private club: An organized group not open to or intended for or controlled by the public or for the use of the public.

Public open space: Means an open space area conveyed to the city or otherwise dedicated to public use for recreational or conversational purposes.

Recreational vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and motor home.

Service building: A structure housing a toilet, lavatory and such other facilities as may be required.

Sign: An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution or business.

Stable, private: An accessory building for the keeping of horses, ponies and mules, used exclusively for pleasure riding or driving, or housed, boarded or kept for hire; including riding track.

Standard shrub: A standard shrub is any bush or small evergreen tree occupying a space of at least eighteen (18) cubic feet.

Standard tree: A standard tree is a tree with a minimum caliper of two and one-half (2 ½) inches, ten (10) to twelve (12) feet high, of a deciduous hardwood variety normally capable of attaining a twenty-five-foot height when the tree is twenty (20) years old.

Story: That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established on mean street grade, or average ground level, as mentioned in "height of buildings" of this section.

Street: A public thoroughfare or place which affords principal means of access to property abutting thereon.

Street center line: The street center line is a line halfway between the street lines.

Street line: The dividing line between the street right of way and the abutting property.

Structural alteration: Any change except those required by law or ordinance, which would prolong the life of the supporting members or a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

Structure: Anything constructed or erected, which requires location on ground, or attached to something having a location on the ground; including, but not limited to, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

Town house: A building that has one-family dwelling units erected in a row as a single building on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides.

Variance: A modification or variation of the provisions of this ordinance, as applied to a specific piece of property, as distinct from rezoning.

Watering station: A facility for supplying water storage tanks with potable water.

Yard: An open space at grade between a building and the adjoining lot line, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

Yard, front: An open space, unoccupied by buildings or structures (except as hereinafter provided) across the full width of the lot extending from the front line of the building to the front street line of the lot.

Yard, rear: An open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line of the principal building and the side lot lines.

Yard, rear yard depth: The mean horizontal distance from the rear line of the principal building to the center line of the alley where an alley exists; otherwise the rear lot line.

Yard, side: An open unoccupied space on the same lot with the building between the main building and the adjacent side line of the lot, and extending through from the street, or from the front yard to the rear yard, or to the rear line of the lot.

Yard, side [yard] line: Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.

(Ord. No. 667-2012, § 1, 4-10-2012; Ord. No. 681-2013, § 1, 8-13-2013)