[Ord. No. 5053, 4-30-2015]
The following words and terms as used herein are defined to mean the following:
ACCESSORY BUILDING OR USEA subordinate building having a use customarily incident to and located on the lot occupied by the main building or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.
ADEQUATE PUBLIC FACILITIESStormwater, water, wastewater, street, electric and telecommunications facilities at minimum acceptable levels of service.
ADMINISTRATIVE AND BUSINESS OFFICESOffices of private firms or organizations which are primarily used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services.
AUTOMOTIVE AND EQUIPMENT SERVICESEstablishments or places of business primarily engaged in automotive related or heavy equipment sales or services. The following are automotive and equipment use types:
1. AUTOMOTIVE WASHINGWashing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.
2. COMMERCIAL OFF-STREET PARKINGParking of motor vehicles on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use. Typical uses include commercial parking lots or parking garages.
3. AUTOMOTIVE SALES OR RENTALSSales or rental of automobiles, noncommercial trucks, trailers, and recreational vehicles, including incidental parking and servicing of vehicles available to sell, rent or lease. Typical uses include auto dealerships, used car lots, rental agencies, trailer rental agencies, and taxicab parking and dispatching.
4. EQUIPMENT SALESSale or rental of trucks of one (1) ton or greater capacity, tractors, construction equipment, agricultural implements, and similar heavy equipment, including incidental storage, maintenance, and servicing. Typical uses include truck dealerships and construction equipment dealerships.
5. AUTOMOTIVE REPAIR SERVICESRepair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage.
6. EQUIPMENT REPAIR SERVICESRepair of trucks of one (1) ton or greater capacity, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services, and machine shops, but excluding dismantling or salvage.
7. GASOLINE STATIONSTypical uses include convenience stores with fuel pumps, full service fuel stations, with or without car washes, and bays for minor mechanical work on vehicles.
BOARDBoard of Aldermen of the City of Bates City.
BUILDINGA structure which is permanently affixed to the ground, as provided by the building code, has a roof supported by columns or walls, and is used for housing or enclosure of people, animals or personal property. When a portion thereof is completely separated form every other portion by a dividing wall (or firewall when applicable) without openings or an enclosed breezeway, then each such portion shall be deemed to be a separate building.
BUILDING SETBACK LINEA line specifically established which generally is parallel to and set back from a property line and which identifies an area into which no part of a building shall project.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is situated. In a residential district, the largest dwelling shall be deemed to be a principal building.
COMMISSIONThe Planning and Zoning Commission of the City of Bates City.
COMMUNICATIONS SERVICESEstablishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Typical uses include television studios, telecommunication service centers or telegraph service offices. Film and sound recording shall be included.
CONSTRUCTION SALES AND SERVICES (GENERAL)Establishments or places of business primarily engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as construction activities and the outdoor storage of construction equipment or materials on lots other than construction sites. Excluded are those classified as one of the automotive and equipment services use types or construction sales and services (limited). Typical uses may include lumber yards, building materials stores, tool and equipment rental or sales, and building contractors.
CONSTRUCTION SALES AND SERVICES (LIMITED)Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials (such as paint, fixtures, hardware, wall coverings, and floor coverings) used in the construction and maintenance of buildings or other structures as well as limited outdoor storage of materials. Excluded are those classified as construction sales and services (general). Typical uses may include building materials stores and lawn and garden supply stores. For the purposes of this definition, limited open air storage shall be screened and shall be ancillary to the primary use and may not exceed fifteen percent (15%) of the main building floor area.
COSTThe cost of renovation, repair or restoration shall mean the fair-market value of the materials and services necessary to accomplish a renovation, repair or restoration. Cost shall mean the total cost of all intended work, and no person may avoid the intent of this definition by doing the intended work incrementally.
DAY-CARE FACILITIES1. FAMILY DAY-CARE HOMEFamily home, occupied by the day-care provider, in which family-like care is given to four (4) persons or less, not related to the day-care provider, for any part of the twenty-four-hour day.
2. DAY-CARE CENTERAny facility, other than a family home occupied by the day-care provider, which receives persons for care for any part of the twenty-four-hour day.
DAY-CARE SERVICES (COMMERCIAL)A facility designed or readapted for the care of more than ten (10) individuals, whether children or adults. This term includes nursery schools, preschools, day-care centers for children or adults, and similar uses, but excludes public and private primary and/or secondary educational facilities.
DAY-CARE SERVICES (LIMITED)A facility, or use of a building or portion thereof, for daytime care of ten (10) or fewer individuals. This term includes nursery schools, preschools, day-care centers for children or adults, and similar uses, but excludes public and private primary and/or secondary educational facilities.
DWELLINGA building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, house trailers or mobile homes.
DWELLING, MULTIPLEA building or portion thereof, arranged, intended, or designed for occupancy by three (3) or more families living independently of each other, including apartment houses, row houses, tenements and apartment hotels.
DWELLING, ONE-FAMILYA detached building arranged, intended or designed for occupancy by one family in one dwelling unit.
DWELLING, TWO-FAMILYA building arranged, intended or designed for occupancy by two (2) families in two (2) dwelling units.
EFFECTIVE DATE OF THIS UDOWhenever this UDO refers to the effective date of this UDO, the reference shall include the effective date of any ordinance that amends this UDO, if the ordinance, rather than this UDO as originally adopted, creates a non-conforming situation.
FAMILYOne (1) or more persons who are related by blood or marriage, including not more than two (2) lodgers or boarders, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than four (4) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities.
FINANCIAL SERVICESEstablishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities, and similar services.
FOOD SALES (CONVENIENCE)Establishments less than ten thousand (10,000) square feet of gross floor area primarily engaged in the retail sale of food or household products for home consumption. Typical uses include large grocery stores [including the sale of beer and wine in unopened containers for off-premises consumption where revenue from the sale of groceries comprises at least fifty-one percent (51%) of the gross income of the establishment, and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries (other than beer and wine)], delicatessens, meat markets, retail bakeries, and candy shops.
FOOD SALES (GENERAL)Establishments with ten thousand (10,000) square feet of gross floor area or more primarily engaged in the retail sale of food or household products for home consumption. Typical uses include large grocery stores [including the sale of beer and wine in unopened containers for off-premises consumption where revenue from the sale of groceries comprises at least fifty one percent (51%) of the gross income of the establishment, and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries (other than beer and wine)], delicatessens, meat markets, retail bakeries, and candy shops.
GROSS FLOOR AREA (GFA)The total enclosed area of all floors of a building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade areas used for habitation, work, or access. Excluded from gross floor area calculations are parking facilities and airspace above the atria ground floor.
GROSS SITE AREAAn area defined as the total site area, including easements, floodplains, waterways, ponds, and any other area for preservation.
HEIGHT OF BUILDINGS1. The vertical distance measured from the highest of the following three (3) levels:
a. From the street curb level.
b. From the established or mean street grade in case the curb has not been constructed.
c. From the average finished ground level adjoining the building where it sits back from the street line.
2. To:
a. The level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot.
b. The mean height level of the top of the highest ridge for other roofs.
HOME OCCUPATIONAn accessory use of a dwelling unit or its accessory structure for gainful employment.
HOTELA building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms.
HOTEL-MOTELLodging services involving the provision of room and/or board.
JUNK YARD or SALVAGE YARDAn area or fenced enclosure used primarily for the collection, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating conditions and/or for the sale of parts therefrom.
LOTA parcel of land that is defined on a subdivision plat of record, which is intended to be occupied by a principal building(s) or building(s) and open space. Streets are not included in this definition.
LOT, THROUGHAn interior lot having frontage on two (2) streets.
LOT AREAThe area of the lot shall be the next horizontal area of the lot and shall not include portions of streets, alleys and water bodies.
LOT CORNERA lot abutting upon two (2) or more intersecting streets.
LOT COVERAGEMeasures the percentage of the lot that is covered by the building. The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.
LOT DEPTHThe horizontal distance from the front property line to the rear property line. If front and rear property lines are not parallel, the lot depth is the shortest distance between the front and rear property lines.
LOT INTERIORA lot whose side lines do not abut on any street.
LOT LINEA line of record bounding a lot which divides one (1) lot from another lot or from a public or private street or any other public space.
LOT WIDTHThe mean horizontal distance between side lines measured at right angles to the depth of the lot. The mean lot width need only be calculated on that portion of the lot required to meet the minimum lot area.
MANSARD ROOFA roof which appears to be a part of the facade (wall), usually constructed for appearance only.
MANUFACTURED HOMEFactory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401, as amended) commonly known as "HUD" (U.S. Department of Housing and Urban Development Code) and are permanently affixed to a permanent foundation.
MOBILE HOMEA single-family dwelling, factory-built and factory assembled residence which does not comply with the National Manufactured Homes Construction Safety and Standards Act.
MODULAR HOMEA residential dwelling unit constructed in components at a factory and which meets the City's residential building code.
MOTELA motorist's hotel having the following characteristics: complete furnishings and bath facilities in each unit; available services as normally provided by hotels; at least one (1) parking space provided in adjacent private roadways or courts for each guest room with either direct or convenient access from parking space to guest room. The provision for restaurant facilities appurtenant to motels is optional.
NON-CONFORMING LOTA lot that was not created for purposes of evading the restrictions of this UDO, which was lawfully platted and recorded and on file in the office of the Lafayette County Recorder prior to the effective date of this UDO, but which does not meet the minimum area requirement of the applicable zoning district.
NON-CONFORMING STRUCTUREA structure that was lawfully constructed prior to the effective date of this UDO, but which could not be constructed under the terms of this UDO by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures.
NON-CONFORMING USEA primary use of property existing on the effective date of this UDO that occurs when property is used for a purpose or in any manner made unlawful by the use regulations or performance and design standards applicable to the zoning district in which the property is located. The term also refers to the activity that constitutes the use made of the property. The term does not refer to accessory use of property.
NON-CONFORMING USE, BUILDING OR YARDA 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, non-conforming use if established prior to the effective date of this Chapter and an illegal, non-conforming use if established after the effective date of this Chapter and not otherwise approved as provided herein.
PERSONAL IMPROVEMENT SERVICESEstablishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.
PERSONAL SERVICESEstablishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops, or dry cleaning pickup station services.
PLAT, FINALThe map or plat of a subdivision and any supplementary documents and information as described in these regulations.
PLAT, PRELIMINARYThe preliminary drawing prepared in accordance with these regulations indicating the proposed manner or layout of the subdivision.
PROFESSIONAL OFFICEA use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting, and similar professions.
RESTAURANT (CONVENIENCE)A use engaged in the preparation and retail sale of food that generates more traffic than the uses listed as restaurant (limited). Typical uses include "fast food" restaurants.
RESTAURANT (GENERAL)An establishment primarily engaged in preparation of full course meals served on premises, with complete kitchen facilities for preparation of the food sold, and where alcoholic beverages may be sold only in conjunction with meals.
RESTAURANT (LIMITED)A use engaged in the preparation and retail sale of food and beverages, excluding alcoholic beverages. Typical uses include soda fountains, ice cream parlors, and coffee shops.
RETAIL SALES OR RENTAL (CONVENIENCE)Sale or rental of commonly used goods and merchandise for personal or household use but excludes those defined separately and more specifically in this Chapter. Typical uses include apparel stores, or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items; apparel, jewelry, fabrics, and like items; cameras, photography services; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, office supplies, and bicycles.
RETAIL SALES OR RENTAL (GENERAL)Sale or rental of commonly used goods and merchandise for personal or household use, but excludes those defined separately and more specifically in this Chapter. Typical uses include department stores, furniture stores, or establishments providing the following products or services: home furnishing and appliances, wallpaper, carpeting and floor-covering; and automotive parts and accessories (excluding service and installation).
SEWAGE, SANITARYThose wastes which are comparable to wastes which originate in residential units and contain only human excrement and wastes from kitchen, laundry, bathing and other household facilities.
STORAGEKeeping of a product for a period of time exceeding seventy-two (72) hours.
STORYThat part of a building, including between the surface of one (1) 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 next 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 or mean street grade, or average ground level.
STREETThe entire width between the boundary lines of every publicly maintained thoroughfare or right-of-way when any part of that thoroughfare or right-of-way is used by the public for vehicular travel, including public streets, avenues, boulevards, parkways, roads and alleys.
STREET LINEA property line marking the boundary between a street and a lot.
STRUCTURAL VALUEThe then current cost of a structure or its replacement value, if destroyed.
STRUCTUREAnything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including, but not limited to, buildings, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
SUBDIVISIONThe division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
VARIANCEA modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.
YARDAn open space at grade between a building and the adjoining lot lines, 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 REARAn open space, unoccupied (except as hereafter provided) between the rear lot line and rear line of the principal building and the side property lines.
YARD, FRONTAn open space unoccupied by buildings or structures (except as hereafter provided) across the full width of the lot extending from the front line of the building to the front property line of the lot or parcel.
YARD, SIDEAn open unoccupied space on the same lot with the building between the main building and the adjacent side line of the lot, and extending from the front yard to the rear yard.