[R.O. 2010 § 405.010; CC 1996 § 405.010; CC 1977 § 42.010; Ord. No. 617 § 1, 1-7-1980; Ord. No. 1105 §§ I — II, 5-10-1999; Ord. No. 1258 § I, 1-21-2002]
For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING OR USEA subordinate building or use which is incidental to the principal building or use, and which is located on the same lot with such principal building or use.
ADULT DAY-CARE FACILITYA building or structure where care, protection and supervision are provided, on a regular schedule, at least twice per week to disabled or elderly [age sixty (60) or older] adults.
ALLEYA public or private thoroughfare which affords a secondary means of access to abutting property.
BASEMENTA story having part but not more than one-half (1/2) of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
BILLBOARDA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
BUILDABLE WIDTHThe width of the lot left to be built upon after the side yards are provided.
BUILDINGAny structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.
BUILDING, HEIGHT OFThe vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gable roof.
CELLARA story having more than one-half (1/2) of its height below grade.
CHILD-CARE FACILITYA building or structure where care, protection and supervision are provided, on a regular schedule, at least twice per week to not more than six (6) children not related to the child-care provider.
CONDITIONAL USESA use so designated by this Chapter which may be permitted after review and approval by the Board of Adjustment following a public hearing when it is determined by the Board of Adjustment that the location is not in conflict with the comprehensive plan for zoning the City of Bowling Green, the public health, safety, morals and general welfare will not be adversely affected, and that the necessary safeguards for protection of surrounding property, persons and neighborhood values are provided.
DWELLINGAny building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILYA detached building designed for or occupied exclusively by three (3) or more families and affording a common entry.
DWELLING, SINGLE-FAMILYFor the purpose of any zoning law, ordinance or code, the classification "single-family dwelling" or "single-family residence" shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. In the case of any such residential home for mentally or physically handicapped persons, the local zoning authority may require that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Further, the local zoning authority may establish reasonable standards regarding the density of such individual homes in any specific single-family-dwelling neighborhood. For purposes of any zoning law, ordinance or code, the classification of "single-family dwelling" or "single-family residence" shall include any private residence licensed by the Children's Division or Department of Mental Health to provide foster care to one (1) or more but fewer than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption. Nothing in this Subsection shall be construed to relieve the Children's Division, the Department of Mental Health or any other person, firm or corporation occupying or utilizing any single-family dwelling or single-family residence for the purposes specified in this Subsection from compliance with any ordinance or regulation relating to occupancy permits except as to number and relationship of occupants or from compliance with any building or safety code applicable to actual use of such single-family dwelling or single-family residence.
DWELLING, SINGLE-FAMILY ATTACHEDA detached building containing three (3) or more dwelling units separated by a common or party wall, with each such dwelling unit providing independent, as distinguished from common, entry. The term is intended primarily for row houses and town houses.
DWELLING UNITOne (1) or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.
FAMILYOne (1) or more persons related by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization. A family may include not more than two (2) persons not related by blood, marriage or adoption.
FARMAn area which is used for the growing of the usual farm products, such as vegetables, fruit, trees and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further that farming does not include the feeding of collected garbage or offal to swine or other animals.
FLOOR AREAThe total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basement except that when such space is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
FRONTAGEAll the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) 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 SALEThe public offering for sale of more than three (3) items of personal property upon real estate zoned residential.
GRADEThe average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.
HOME OCCUPATIONAny occupation or profession carried on by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood, and for which there is no sign other than a nameplate, and no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling or that there is a commodity sold upon the premises.
HOTELA building in which lodging is provided and offered to the public for compensation, and which is open to transient guests.
INSTITUTIONA building occupied by a non-profit corporation or a non-profit establishment for public use.
LODGING HOUSEA building or place where lodging and boarding is provided for compensation for three (3) or more, but not exceeding twelve (12) individuals, and not open to transient guests.
LOTA parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, open spaces and parking spaces required by this Chapter, and having its principal frontage upon a street.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OFThe mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGEA lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT OF RECORDA lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Pike County, Missouri, prior to the adoption of this Chapter.
MANUFACTURED HOMEA factory-built structure designed for use and occupancy as a single-family dwelling unit that is manufactured under the authority of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401, as amended, or applicable successor Statutes, is transportable in one (1) or more sections, and is built upon a permanent chassis, but which is not constructed with a permanent hitch or other device allowing transport other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
MANUFACTURED HOME PARKA parcel of land under single ownership that has been planned and improved in accordance with the district regulations therefor for the placement of manufactured homes for dwelling purposes.
MANUFACTURED HOME SITEA lot within a manufactured home park offered as a location for a single manufactured home in accordance with the district regulations therefor.
MOTEL, MOTOR COURT, MOTOR LODGE or TOURIST COURTAny building or group of buildings containing guest 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.
NON-CONFORMING USEAny building or land lawfully occupied by a use at the time of passage of this Chapter or amendment thereto which does not conform after the passage of this Chapter or amendment thereto with the use regulation of the district in which it is situated.
NURSING HOMEA 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.
PARKING SPACE, OFF-STREETAn area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of an automobile.
PERMITTED USEA use listed in the permitted uses regulations of the applicable zoning district. A permitted use is allowable within that zoning district to the extent conforming with other applicable district requirements and supplemental regulations of this Chapter.
PREMISESA lot, together with all buildings and structures thereon.
SIGNAn 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.
STORYThat portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFA space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.
STREETA public way which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONAny change except those required by law or ordinance, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
STRUCTUREAnything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.
YARDAn open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter.
YARD, FRONTA yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, REARA yard extending the full width of the lot between a main building and the rear lot line.
YARD, SIDEA yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.