[CC 1978 §400.020; Ord. No. 766 §2, 12-4-1972; Bill No. 87-19, 12-21-1987; Bill No. 95-25(400.020), 12-18-1995]
For the purpose 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 BUILDINGA subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
ACCESSORY USEA subordinate use which is incidental to and customary in connection with the principal building or use, and is located on the same lot with such principal building or use.
ALLEYA thoroughfare which affords only a secondary means of access to abutting property.
BASEMENTA story having part but not more than one-half (½) its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than by janitor employed on the premises.
BOARDING HOUSEA building, other than a hotel, where for compensation and by pre-arrangement for definite periods, meals, or lodging and meals are provided for five (5) or more persons, but not exceeding twenty (20) persons.
BUILDINGAnything constructed, erected or placed (including a structure as defined in this Section
405.020) which is designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property. The definition of "Building" shall include, but not be limited to, any portable or movable building, carport or shelter.
BUILDING, HEIGHT OFThe vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.
CELLARA story having more than one-half (½) of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for purpose of height measurement.
CLINIC, MEDICALAn establishment where patients are not lodged overnight, but are admitted for examination or treatment by a group of physicians or dentists practicing medicine together.
CLUBA building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
DISTRICTA section or sections of the City of Chaffee for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DWELLINGAny building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, MULTIPLEA building having accommodations for and occupied exclusively by more than two (2) families.
FAMILYOne (1) or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined.
FILLING STATIONAny building or premises used for sale at retail of any motor vehicle fuel or oils, or accessories, or for servicing or lubricating motor vehicles, or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.
FRONTAGEAll the property on one (1) side of a street between two (2) intersecting (crossing or terminating) streets 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.
GARAGE, PRIVATEAn accessory building or part thereof designed or used for the storage of not more than three (3) motor-driven vehicles.
GARAGE, PUBLICA building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling, or storing motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE, STORAGEA building or portion thereof designed or used exclusively for housing more than three (3) motor-driven vehicles.
GRADEFor buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
1. For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
2. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
3. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the City Engineer.
GROUP HOMEAny home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) 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.
HOME OCCUPATIONAny occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling and which is carried on wholly within a main building or accessory building by a member of the family residing on the premises, provided that no person not a resident on the premises is employed, no stock in trade is kept, or commodities sold, no internal or external alterations or special construction of the premises are involved, no equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-ray or electrical disturbance to radio or television instruments, no generation of substantial volumes of vehicular or pedestrian traffic or parking demand is created, and in connection with which there is no advertising sign displayed other than a name plate not exceeding one (1) square foot in area, and there is no other exterior indication that the building is being used for any purpose other than a dwelling. When within the above requirements, a home occupation includes, but is not limited to, the following:
2. Baby sitting, limited to two (2) children at one time;
5. Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice;
6. Professional office of an attorney at law, a real estate agent, insurance agent, or similar occupation;
7. Teaching, limited to not more than two (2) pupils at one time.
A home occupation shall not be interpreted to include barbershops, beauty shops, auto repairing, antique shops, sign painting, restaurants, plumbing and electrical appliance shops, or any other light manufacturing or assembling operations. |
HOTELA building used as abiding place of more than twenty (20) persons who are for compensation lodged with or without meals.
INSTITUTIONA building occupied by a non-profit corporation or a non-profit establishment for public use.
LOADING SPACEA space on the lot accessible to an alley or street, not less than ten (10) feet in width, twenty (20) feet in depth and ten (10) feet in height.
LODGING HOUSEA building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, for five (5) or more persons in contradistinction to hotels open to transients.
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, the open spaces and parking spaces required by this Chapter, and having its principal frontage upon a street or upon an officially approved place.
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 which is a part of a subdivision; the map of which was recorded in the office of the Recorder of Scott County, Missouri; or a parcel of land, the deed to which was recorded in the office of the Recorder of Scott County, Missouri, prior to the adoption of this Chapter.
MANUFACTURED HOMEA factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
MOBILE HOME PARKAny area, piece, parcel, tract or plot of land used or intended to be used, let or rented for occupancy by two (2) or more mobile homes or trailers, regardless of whether the mobile homes or trailers are owned or non-owned by the owner of the land. This definition shall also be defined to include trailer parks.
MODULAR UNITA transportable building unit designed to be used by itself or to be incorporated with similar units at a point of use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
MOTEL OR MOTOR COURTA building or group of buildings on the same lot, usually around a court, containing sleeping accommodations and providing one (1) parking space for each guest room on the premises.
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 regulations of the district in which it is situated.
NURSING, REST OR CONVALESCENT 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 devoted primarily to the diagnosis and treatment of the sick or injured.
OFFICEA place where business or services for others is transacted, and not a place where chattels or goods, wares, or merchandise are commonly created, exchanged or sold.
PARKING AREAAn open, unoccupied space used or required for parking of motor vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
1. Parking lot: An open surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.
2. Parking space: An all-weather surfaced area not in a street or alley and having an area of not less than one hundred eighty (180) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) motor vehicle and connected with a street or alley by an all-weather surfaced driveway which affords ingress and egress for a motor vehicle without requiring another motor vehicle to be moved.
PLACEAn open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
PORCH, OPENA roofed structure attached to a building and open on two (2) or more sides. A screened-in porch shall not be considered open.
RECREATIONAL VEHICLEA vehicular type unit primarily designed to provide temporary living quarters for recreational, camping or travel use, that either has its own motive power, or is mounted on or towed by another vehicle.
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.
STREETAll property dedicated or intended for public or private street, highway, freeway, or roadway purposes or subject to public or private easement therefor.
STREET LINEA dividing line between a lot, tract, or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
STRUCTUREAnything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including, but without limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas, except fences or walls used as fences.
TOURIST OR TRAILER CAMPAn area intended primarily to provide spaces where two (2) or more tents or auto trailers can be parked.
TRAILERAny factory-built enclosure, structure or structures used for living, sleeping, business or storage purposes, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the trailer placed thereon may be moved from time to time at the convenience of the owner. The term "trailer" shall include a camp car, house car, mobile home, manufactured home and modular unit.
YARDAn open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. 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 minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONTA yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies, or open porches.
YARD, REARA yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the front line of the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lot and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
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.