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Edwardsville City Zoning Code

Division 3

Definitions

§ 14.06.081 Definitions.

Unless otherwise stated, the following words shall, for the purpose of these regulations, have the meaning herein indicated. Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word “shall” is mandatory, not discretionary. The word “building” shall include the word “structure.”
Adult entertainment business
is defined for purposes of the zoning regulations as defined in the Standard Adult Entertainment Code, 1993 edition.
Alley
is any public or private way set aside for public travel, twenty-four (24) feet or less in width.
Alternative tower structures
are man-made trees, clock towers, bell steeples, light poles and similar alternative design mounted structures that can camouflage or conceal the presence of antennas or towers.
Antenna
is an exterior apparatus designed for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electronic communication.
Appeal
means a request for a review of the city’s interpretation of any provision of this article or a request for a variance.
Boarding house
is the use of a site/dwelling for occupancy by a group of more than 4 persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls and rooming or lodging houses.
Building
is any structure constructed or intended for residence, business, [or] industry for either public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, house trailers, billboards, signs, and similar structures whether stationary or movable.
Building, accessory
is a subordinate building, the use of which is incidental to that of a principal building on the same lot.
Building, principal
is a building, including covered porches and paved patios, in which is conducted the principal use of the lot on which it is situated. In any residence district any dwelling shall be deemed to be the principal building on the lot on which the same is situated.
Cell site
is a tract or parcel of land that contains the cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to cellular communication transmission.
Day care
is an establishment that provides care, protection and supervision for children under 16 years of age on a regular basis away from their primary residences for less than 24 hours per day. The term does not include: (a) kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; (b) facilities operated in connection with a shopping center or other principal activity, where children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available; or (c) adult day care; or (d) special activities programs, including athletics, crafts instruction and similar activities, conducted on a periodic basis by civic, charitable and governmental organizations. For purposes of these regulations, there are 3 separate types of day care. In computing the occupancy of the categories of day care listed below, all children, including children of the day care provider and children of employees, shall be counted.
(1) 
Day care, limited:
A day care that provides care, protection and supervision for up to 6 individuals.
(2) 
Day care, general:
A day care that provides care, protection and supervision for 7 to 12 individuals.
(3) 
Day care, commercial:
A day care that provides care, protection and supervision for more than 12 individuals.
Development
is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
Dish antenna
is a dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
Duplex
is a two-family dwelling unit, each unit having separate, ground level entrances.
Dwelling
is a house, apartment building, or other building designed or used primarily for human habitation. The word “dwelling” shall not include boarding or rooming houses, hotels, motels, or other structures designed for transient residence.
Dwelling unit
is one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.
Family.
(1) 
In all zoning districts, family shall be defined to mean:
(A) 
A person living alone; or
(B) 
Two or more persons related by blood, marriage, legal adoption, guardianship, or other legally authorized custodial relationship; or
(C) 
A group of not more than four (4) persons age eighteen (18) or older who are unrelated by blood, marriage, or legal adoption, living together as a single housekeeping unit in a dwelling unit; provided, that if any one of the adult persons is unrelated to another adult person in the group, the entire group shall be classified as unrelated.
(2) 
Exemption: Group homes, limited, as defined in this section. The burden of proving a facility qualifies as a group home, limited, rests solely with the party exerting or claiming the exemption.
Feedlot, commercial
is a place where the principal business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part.
Fence
is a structure serving as an enclosure, barrier or boundary, usually made of posts, boards, wire, stakes or rails, the total height of which is greater than one foot (1') when measured above ground level. Specifically excluded from this definition are fences which enclose land primarily used for agricultural purposes if such fence encloses an area of one (1) acre or more. It shall be unlawful to erect or maintain any electrified fence or wire fence that is constructed with a wire material commonly known as barb-wire, except on land which is primarily used for agricultural purposes which enclose an area greater than one (1) acre, or as a security fence on I-1 or I-2 zoned land. Barb-wire, up to three (3) strands may be placed on top of a fence at least six feet (6') high in these districts for security purposes.
Floor area
is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
Group home
is a facility generally located in residential environments providing such minimum medical or supervisory personnel as may be required to meet the standards of federal, state or local governmental licensing agencies. These facilities may provide medical, behavioral, psychiatric, social, educational, rehabilitative or protective services for persons with a disability.
(1) 
Group home, limited.
A dwelling occupied by not more than 10 persons, including 8 or fewer persons with a disability, who need not be related by blood or marriage and not to exceed 2 staff residents who need not be related by blood or marriage to each other or to the residents, which dwelling is licensed by a regulatory agency of this state.
(2) 
Group home, general.
A dwelling occupied by 9 to 15 persons with a disability who need not be related by blood or marriage, not including staff residents, who need not be related by blood or marriage to each other or to the residents, which dwelling is licensed by a regulatory agency of this state.
Guest house
is a small detached accessory dwelling unit located on the same lot as a primary single-family detached dwelling unit that is intended to provide temporary, not year-round, sleeping quarters for nonpaying personal guests of the occupants of the principal residence.
Halfway house
is a residence for individuals after release from institutionalization or as part of the rehabilitative process (such as for alcohol/drug addiction, or criminal activity) that is designed to facilitate their readjustment to private life.
Height of building
is the vertical distance from the established average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.
Home occupation
means an occupation conducted in a dwelling unit as described in article VI section 3 [section 14.06.152] of the zoning regulations.
Lawful
means not in conflict with any laws, ordinances, or statutes existing at the time of the enactment of these regulations.
Livestock/large animal agriculture.
Activities involving large animals commonly considered livestock that require large land areas such as cattle, horses, goats, and sheep. Domesticated animals such as dogs and cats are not considered livestock/large animal agriculture.
Lot
means a piece, parcel, or plot of land occupied by or to be occupied by one principal building and its accessory buildings and including the open spaces required under these regulations.
Lot of record
means any lot which is duly recorded and on file at the time of enactment of these regulations in the office of the Wyandotte county clerk or register of deeds of Wyandotte County.
Manufactured home
means a structure which is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. section 5403.
Manufactured home park or subdivision
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Microwave
is an electromagnetic radiation with frequencies higher than 1,000 MHz; a highly directional signal used to transmit radio frequencies from point to point at a relatively low power level.
Microwave antenna
is a dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
Mobile home
is a semi-permanent, single-family dwelling unit that is constructed as a unit at the factory complete with an integral utility system capable of being connected to an outside system; can be transported over the road on its own chassis and wheels to a site where it would be connected semi-permanently to a separate utility system. Any unit that is originally constructed with its own chassis and wheels will be considered a mobile home except all recreational vehicles (self-propelled or non-self-propelled), campers, tent trailers or other units designed for overnight and transitory use.
Mobile home park or mobile home subdivision
is an area of land upon which has been divided into two or more lots for rent or sale and on which one or more mobile homes are parked, connected to utilities, and used by one or more persons for living or sleeping purposes.
Modular home
is a home constructed of pre-made parts and unit modules. Such parts/unit modules are transported from the factory to the building site where they are placed onto a foundation and permanently anchored. The modular home is built to conform to the local building code.
Monopole tower
is a communication tower consisting of a single pole, constructed without guy wires and ground anchors. Also referred to as a self-support tower.
Multiple-family dwelling.
(1) 
General
is the use of a site for 4 or more dwelling units in multiple buildings. Typical uses include fourplexes, apartments, residential condominiums and townhouses that are located within a complex of buildings.
(2) 
Limited
is the use of a site for 2 or more dwelling units attached as a single building. Typical uses include duplexes, triplexes, fourplexes, residential condominiums and townhouses.
New construction
means structures for which the “start of construction or substantial improvement is commenced on or after the effective date of the FIRM.”
Nonconforming use
is a use of a building or land lawful at the time of the enactment of this article that does not conform with the permitted use provisions of this article for the district in which it is located.
Overlay district
is a district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.
Public property
is any real property, easement, right-of-way, airspace, or other interest in real estate including a street, owned or controlled by the city, county, state, [or] federal government.
Residential-design manufactured home
means a manufactured home on permanent foundation which has (A) minimum dimensions of 24 body feet in width, (B) a pitched roof and (C) siding and roofing materials which are customarily used on site-built homes; and that conforms to the design guidelines for manufactured housing as adopted by the City of Edwardsville.
Retail/service - limited.
Retail and service establishments designed to provide basic products and services to businesses, employees, and visitors to offices and businesses. Specifically permitted uses include, but are not limited to: banking services; barber and beauty shop; drugstore; dry cleaners and laundry; florist; gasoline sales; hotel and motel; medical and dental clinics; postal services; printing and photocopying; restaurants, fast food and general; and shoe repair. Other uses not specifically listed may be permitted which meet the above definition and where functionally and visually compatible with surrounding uses. Manufacturers’ and warehouse outlets may be permitted for business when included as part of a retail center, for those businesses within the center’s target market area.
Roof and/or building mount facility
is a low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof, including rooftop appurtenances, or building face or facade.
Rooming house.
See “Boarding house.”
Self-support tower
is a communications tower that is constructed without guy wires and ground anchors.
Single-family dwelling.
The use of a lot for only 1 detached dwelling unit, other than a mobile home.
Small animal agriculture.
Activities limited to small animals, such as chickens, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds or animals which may be raised and maintained in confinement, pens, or similar structures. Domesticated animals such as dogs and cats are not considered Small Animal Agriculture.
Special use
is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special uses, if specific provisions for such special use are made in these regulations.
Street
means any public or private way set aside for public travel that is more than twenty (20) feet in width. The word “street” shall include the words “road,” “highway,” and “thoroughfare.”
Street, centerline
means the centerline of the surveyed street right-of-way.
Structure
means anything constructed or erected on the ground or attached to something having a location on the ground.
Subdivision
means the division of a lot, tract or parcel of land into two or more parts for the purpose, whether immediate or future, of sale or building development, including resubdivision.
Subdivision regulations
mean the lawfully adopted subdivision ordinances of the city.
Substantial improvement
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration effects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing, state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Townhouse/townhome
is a multiple-family dwelling. A townhouse/townhome building consists of three or more attached dwelling units, each unit having ground level, outdoor access on at least two (2) sides.
Use
means the purpose or activity for which a building, structure, or land is occupied or maintained.
Variance
is a relaxation of the terms of the zoning regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these regulations would result in unnecessary and undue hardship. (As used in these regulations, a variance is authorized only for height, area, parking spaces, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.)
Yard
is an open space on the same lot or lots with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky, except as otherwise provided in this article.
Yard, front
is the yard extending across the entire width of the lot between the front lot line and the nearest part of the principal building.
Yard, rear
is the yard extending across the entire width of the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
Yard, side
is the yard extending from the front yard along the side lot line to the rear lot line and the nearest part of the principal building.
Zoning
means the regulation or restriction of the location and uses of buildings and uses of land.
Zoning regulations
means the lawfully adopted zoning ordinances of the city.
(Ordinance 963, att. A, adopted 5/9/16; Ordinance 1083 adopted 4/28/2025)