[Ord. No. 849 § 445.2, 10-16-2007; Ord. No. 943, 3-20-2012; Ord. No. 945, 3-20-2012]
As used in this Chapter, the following terms shall have these prescribed meanings:
ABOVE GROUND UTILITY STRUCTURESPoles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, line transformers, insulators, cutouts, switches, communication circuits, appliances and similar structures, attachments and appurtenances located above ground, upon, along, across or over any property in the City, including the streets, alleys and easements, and used in supplying electricity, communications or similar or related services.
ACCESSORY STRUCTUREA structure detached from the principal building located on the same lot and customarily incidental and subordinate to the principal building or use. An accessory structure does not permit living quarters. See also "appurtenant structure."
ACTUAL CONSTRUCTIONIncludes the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building is required, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
ADEQUATE PUBLIC FACILITIESFacilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the Governing Body based upon specific levels of service.
ADJACENTNext to or within one hundred (100) feet. Adjacent properties include those properties which abut a property, as well as properties with any portion being located within one hundred (100) feet of any boundary of the subject property. If right-of-way abutting the property exceeds one hundred (100) feet in width, then land directly across the right-of-way from the subject tract shall be considered adjacent.
ADULT USESAdult uses are those which are not open to the public generally but only to one (1) or more classes of the public and excluding any minor by reason of age, a minor being a person under the age of eighteen (18) years. Adult uses involve specified sexual activities, including, but not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult rap/conversation parlors, adult health clubs, juice bars and adult cabarets, or similar adult uses.
AGENCYThe Federal Emergency Management Agency (FEMA).
ANTIQUATED PLATSSubdivisions which, when approved, met all then-existing regulations, but are inadequate by current market, land use or environmental standards.
APPEALA request for review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance.
APPLICANTAny person requesting approval of any development application pursuant to these regulations, and shall include the owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Where the applicant is not the owner of the property which is the subject of the development application, written consent shall be required from the legal owner of the property.
APPLICATIONA request for any development approval including all supplementary information specified in the application.
APPURTENANT STRUCTUREA structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. See also "accessory structure."
AREA OF SPECIAL FLOOD HAZARDThe land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
ATTACHEDRefers to buildings or structures that either, share one (1) or more walls and/or rooflines with an adjoining building or structure.
BARNA farm building used for storing farm products, farm equipment, or sheltering livestock.
BASE FLOODThe flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENTThe lowest story of a building, located totally or partially underground, and having the foundation of the building as all or part of its walls.
BASEMENTAny area of the structure having its floor subgrade (below ground level) on all sides.
BLOCKA tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOARDSee "Board of Aldermen."
BOARD OF ALDERMENThe duly elected Board of Aldermen, the chief legislative body of the municipality.
BOAT DOCKA structure projecting into the water for the purpose of boat mooring or swimmers' use. Mooring may be to the sides, front, or in a well recessed into the dock.
BOAT LIFTAn apparatus projecting into the water for the purpose of cradling and lifting a boat above the water.
BOATHOUSESimilar to a boat dock, but including a roof, with or without enclosures such as wells or storage lockers.
BONDAny form of a surety bond in an amount and form satisfactory to the Governing Body. All bonds shall be approved by the Governing Body whenever a bond is required by these regulations.
BUILDINGAny structure having a roof supported by a column or a wall or walls for the housing or enclosure of persons, animals or chattels.
BUILDING AND ZONING INSPECTORThe person designated by the local government to enforce these regulations. If no separate Building and Zoning Inspector is appointed by the Board of Aldermen, the Zoning Administrator shall function as the Building and Zoning Inspector.
BUILDING CODEThe International Building Code, as amended, updated and supplemented, and the Performance Code for Buildings and facilities, as amended, updated and supplemented, both published by the International Conference of Building Officials, are hereby adopted as the Building Code of the City of Lake Lotawana.
CAMPINGAny activity which enables a person or group of persons to remain overnight on a piece of property for a temporary period, either without a structure or in a tent or similar temporary structure.
CAPITAL IMPROVEMENTSA public facility with a life expectancy of three (3) or more years, to be owned and operated by or on behalf of the local government.
CAPITAL IMPROVEMENTS PROGRAMA plan setting forth, by category of public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years [ten (10) to twenty (20)]. Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.
CARPORTA roofed structure without walls or doors for the storage of motor vehicles.
CATWALKThe suspended or floating walkway that leads from the shore or sea wall to the boat dock, boathouse, boat lift or other docking structure.
CENTRAL SEWERAGE SYSTEMA community sewer system, including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
CITYThe City of Lake Lotawana, Missouri.
CITY ATTORNEYThe licensed attorney designated by the Board of Aldermen to furnish legal assistance for the administration of these regulations.
CITY ENGINEERThe licensed engineer designated by the Board of Aldermen to provide engineering consultation services on policy and day-to-day operations for the administration of these regulations.
CLUSTER ZONINGA technique which allows lots to be reduced in size and buildings to be sited closer together, provided the total development density does not exceed that which could be constructed on the site under conventional zoning, with the remaining land is utilized for open space or public purposes.
COMMUNITYAny State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
COMPREHENSIVE PLANThe Comprehensive Plan of the City of Lake Lotawana, Missouri; a Comprehensive Plan for development of the local government prepared and adopted by the Planning and Zoning Commission, pursuant to State law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
CONCEPT PLANAn informal map or drawing of a proposed subdivision or site plan sufficient for the purpose of general discussion and review but which carries no vesting rights or obligations on any party.
CONCURRENCYRequirement that development applications demonstrate that adequate public facilities be available at prescribed levels of service concurrent with the impact or occupancy of development units.
CONDITIONAL USEA use permitted in a zoning district upon a showing that such use in a specified location will comply with all conditions and standards as designated by the reviewing and approving authority.
CONSTRUCTION PLANThe maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning and Zoning Commission as a condition of the approval of the plat. Improvements may include, but are not limited to, road plans and profiles, drainage plans and utility plans.
CONTIGUOUSLots are contiguous when at least one (1) boundary line of one lot touches a boundary line or lines of another lot.
COUNTYJackson County, Missouri.
COVERED SUNDECKA sundeck with a partial or full roof covering.
[Ord. No. 22-12, 4-19-2022]
DEFLECTORA cover on a fixture that keeps light from going uselessly up or sideways.
DEVELOPERAny person, group, firm, corporation, partnership, association or other entity which is the owner of land which is the subject of any application for development approval or is responsible for any undertaking that requires review and/or approval under these regulations.
DEVELOPMENT1. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
2. The division of land into two (2) or more parcels; the construction, reconstruction, structural alteration, relocation or enlargement of any structure; any quarry, sand or gravel excavation or substantial land alteration; or the use or extension of the use of land.
DEVELOPMENT AGREEMENTAgreement between the City, through the Board of Aldermen, and developer through which the Board of Aldermen agrees to vest development use or intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
DEVELOPMENT APPROVALAny approval or permit or order authorizing or relating to the development of land issued by the City, or any agency of the City, in connection with the use of land.
DOCKING STRUCTUREAny structure not described as a boat dock, boathouse, boat lift or catwalk that is anchored or cabled, and used as a dock.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means.
DWELLINGA building designed exclusively for residential occupancy.
DWELLING UNITOne (1) or more connecting rooms designed, occupied or intended for occupancy as a separate living quarter for occupancy by a single household, which have direct access to the outside or to a common hall, with lawful cooking, sleeping and sanitary facilities provided within the dwelling unit. Dwelling units are usually located in dwelling, but may be included as a mixed or accessory use in buildings or in group quarters.
EASEMENTAuthorization by a property owner for another to use all or a specified portion of the owner's property for a specified purpose.
ELECTRICAL CODEThe National Electrical Code, as amended, updated and supplemented, published by the National Fire Protection Association, is hereby adopted as the Electrical Code of the City of Lake Lotawana.
ELEVATED BUILDINGFor insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ESCROWA deposit of cash with the local government or escrow agent to secure the promise to perform some act.
EXISTING CONSTRUCTIONFor the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONThe preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FAMILYAn individual or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons who need not be related by blood, marriage or adoption, living together and subsisting in common in a dwelling unit as a separate, non-profit housekeeping unit, which provides only one (1) kitchen.
FINAL PLATA map or drawing of all or a portion of a subdivision or site plan that is presented for development approval to the approving authorities for final approval.
FINAL SUBDIVISION PLATThe map of a subdivision to be recorded after approval by the Planning and Zoning Commission and any accompanying material as described in these regulations.
FIRE CODEThe International Fire Code, as amended, updated and supplemented, published by the International Fire Code Institute, is hereby adopted as the Fire Code of the City of Lake Lotawana.
FLOOD ELEVATION DETERMINATIONA determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.
FLOOD FRINGEThe area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)An Official Map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.
FLOOD INSURANCE RATE MAP (FIRM)An Official Map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAINThe channel and adjoining lands of a natural river or stream which has been or may be inundated partially or completely by floodwater identified by the United States Corps of Engineers as a one-hundred-year flood.
FLOODPLAIN MANAGEMENTThe operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONSZoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFINGAny combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
FLOODWAY or REGULATORY FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FREEBOARDA factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
FRONT LOT LINEThe boundary line of a lot nearest to the lake with respect to first tier lots, and the boundary line of a lot nearest to a road with respect to all other lots, except that in the case of lots abutting on more than one (1) road and in the case of ambiguity or uncertainty, the Zoning Administrator shall determine and designate the front lot line.
FRONT YARDAn open space unoccupied by buildings or structures (other than a garage) on the same lot with a building, between the side lot lines, the front lot line and the wall of the building (other than a garage) closest to the front lot line and the line of that wall extended. The minimum depth of the front yard shall be the distance between the front lot line and the nearest point of a building (other than a garage).
FRONTAGEThat side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.
FUNCTIONALLY DEPENDENT USEA use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
GARAGEA building or wing of a building in which to park or store vehicles.
GLARELight that beams directly from the bulb into the eye causing annoyance, discomfort, or loss of visual performance.
GRADEThe slope of a road, street, or other public way specified in percentage terms.
GROUNDWATERWater below the ground surface in a zone of saturation.
GROUP HOMEA single-family residence which is sponsored by a public, private or not-for-profit entity for the residence and care of physically or mentally disabled persons, abandoned or neglected children, or juvenile offenders, in which not more than eight (8) unrelated people reside, not on a temporary basis, and which functions as a single housekeeping unit.
HALF STORYThe top story of a building with living space equal to or less than sixty percent (60%) of the floor below whether the floor below consists of living space, storage space, or garage area. Living space in the "half story" is defined as that area having a minimum ceiling height of seven (7) feet.
HEIGHT OF BUILDINGThe height of a building shall mean the vertical distance measured from the average finished ground level adjoining the foundation of the building on the street side, to the highest point of the top of the building. For purposes of determining the highest point, parapet walls and rooftop heating, ventilation, and air conditioning ("HVAC") equipment and associated screening shall not be included.
[Ord. No. 17-05, 8-1-2017]
HISTORIC STRUCTUREAny structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. By an approved State program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in States without approved programs.
HOUSE ADDITIONAny construction that results in an increase in living space or storage space to an existing structure.
LAKEThe body of water identified as Lake Lotawana as shown on the plat of Lake Lotawana as recorded in the office of the Recorder of Deeds for Jackson County, Missouri, at Independence.
LANDSCAPINGActing with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers, and shade trees.
LIGHT STANDARDSHeight at which a light fixture on a pole is to be placed for maximum usage with the least trespass.
LIVING AREAThe enclosed area of a dwelling suitable for year-round use, embodying walls, floors, and ceiling that are similar to the rest of the dwelling. This area of the dwelling is equipped to receive heating and cooling from a permanently installed source with continuous power. The walls and ceilings must be finished and the floors must be completely covered with an installed covering. Finished space that lacks permanent stairs or direct access are not considered living area.
[Ord. No. 21-24, 2-15-2022]
LOTA parcel of land occupied or to be occupied by a building, and including such open spaces as are required under these regulations, and having its principal frontage at its front lot line. A 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 AREAThe area of the lot shall be the net horizontal area of the lot and shall not include portions of streets, alleys and water bodies.
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 FRONTAGEThe distance for which a zoning lot abuts on a street. In case of two (2) or more frontages, the Director shall define lot frontage.
LOT IMPROVEMENTAny building, structure, place, work of art, or other object situated on a lot.
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 horizontal distance between side property lines measured parallel to the street said property lines or to the tangent of a curved street property line.
LOT, CORNERA lot abutting upon two (2) or more intersecting streets. A corner lot shall be deemed to front on that street on which it has its least dimension.
LOT, FLAGA lot having no frontage or access to a street or place except by a narrow strip of land.
LOWEST FLOORThe lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Title.
MAJOR STREET PLANA planning document, with associated maps and exhibits, as well as supporting goals and policies, identifying a transportation network of vehicular circulation and pedestrian access, a functional classification of streets and present and proposed major streets of the City.
MAJOR SUBDIVISIONAll subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of three (3) or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvements, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map or these regulations.
MANUFACTURED HOMEA structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MANUFACTURED HOMEFactory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401 et seq.). A manufactured home has a structural frame or chassis that supports the complete unit of walls, floor, and roof. Underneath is a running gear consisting of wheels, axles, and brakes for transportation to the homesite. Manufactured homes are built to be a permanent residence; they are not built for traveling, but can be transported to different sites by professional movers.
MAPThe Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
MARIJUANA CULTIVATION FACILITYA facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a dispensary facility, marijuana testing facility, or to a marijuana-infused products manufacturing facility.
[Ord. No. 21-22, 11-2-2021; Ord. No. 23-05, 3-21-2023]
MARIJUANA DISPENSARY FACILITYA facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Code to a qualifying patient, a primary caregiver, another marijuana dispensary facility, a marijuana testing facility, or a marijuana-infused projects manufacturing facility.
[Ord. No. 21-22, 11-2-2021; Ord. No. 23-05, 3-21-2023]
MARIJUANA FACILITYAny marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility.
[Ord. No. 21-22, 11-2-2021; Ord. No. 23-05, 3-21-2023]
MARIJUANA or MARIHUANACannabis Indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products.
[Ord. No. 21-22, 11-2-2021]
MARIJUANA TESTING FACILITYA facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
[Ord. No. 21-22, 11-2-2021; Ord. No. 23-05, 3-21-2023]
MARIJUANA TRANSPORTATION FACILITYA facility certified by the State of Missouri to store and transport marijuana.
[Ord. No. 21-22, 11-2-2021; Ord. No. 23-05, 3-21-2023]
MARIJUANA-INFUSED PRODUCTSProducts that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 21-22, 11-2-2021]
MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a marijuana dispensary facility, a marijuana test facility, or to another marijuana-infused projects manufacturing facility.
[Ord. No. 21-22, 11-2-2021; Ord. No. 23-05, 3-21-2023]
MEAN SEA LEVELFor purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
MECHANICAL CODEThe Uniform Mechanical Code, as amended, updated and supplemented, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the Mechanical Code of the City of Lake Lotawana, Missouri.
MERCURY VAPOR LIGHTSThose lights which are designed for dusk to dawn usage and furnished by the electrical utility company on a contractual basis.
MINOR REPAIRS AND MAINTENANCEThose improvements made to existing buildings, signs, walls, fences or other structures, which are non-structural in nature and which are identified in the City's administrative regulations, as amended.
MINOR SUBDIVISIONAny subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map or these regulations.
MOBILE HOMEA movable, detached, single-family dwelling unit constructed or fabricated within a factory complete with an integral utility system capable of being connected to an outside system; which can be transported over the road on its own chassis and wheels to the site where it is to be connected semipermanently to a separate utility system, and is not permanently attached to any foundation as required for a permanent conventional structure. The term "mobile home" shall include mobile homes made of two (2) or more separately towable components designed to be joined into one (1) single residential unit which is kept on a separate chassis for repeated hauling.
MODULAR HOMEModular homes are constructed to the same State and local building codes and are subject to the same zoning regulations as site-built homes. Modular homes must conform to the requirements of the Uniform Building Code and be inspected at the factory where they are assembled. In contrast, manufactured homes comply with the National Manufactured Home Construction and Safety Standards Act which requires homes to be constructed on a non-removable steel chassis.
NEW CONSTRUCTIONFor the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
NEW DEVELOPMENTA project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any change in the use commencement of land; and which requires either the approval of a plat or the issuance of a permit pursuant to these regulations. To develop is to create a new development.
NEW MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
NFIPThe National Flood Insurance Program.
OFFICIAL MAPThe map established by the Board of Aldermen pursuant to law showing the streets, highways, parks, drainage systems and setback lines laid out, adopted, and established by law, and any amendments or additions adopted by the Governing Body resulting from the approval of subdivision plats by the Planning and Zoning Commission and the subsequent filing of approved plats.
OPEN SPACEAny parcel of land or water essentially unimproved or otherwise devoid of structures and paved areas set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
[Ord. No. 19-01, 4-3-2019]
ORDINANCEAny legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OVERLAY DISTRICTA zoning district that encompasses one (1) or more underlying base zoning districts and that imposes additional development, design and performance standards beyond what is required in the underlying base zone.
PARCELA contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
PARK or PLAYGROUNDAn area of public land laid out with walks, drives, playgrounds, etc., for public use and enjoyment.
[Ord. No. 19-01, 4-3-2019]
PARTICIPATING COMMUNITYAlso known as an "eligible community." A community in which the Administrator has authorized the sale of flood insurance.
PERSONAny individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
PLANNED DEVELOPMENTAn area to be planned, developed, operated and maintained according to a master development plan as a single entity and containing one (1) or more structures with appurtenant common areas.
PLANNED UNIT DEVELOPMENT (PUD)A development constructed on a tract of minimum size, under single ownership and control, planned and developed as an integral unit and consisting of a combination of residential and/or non-residential uses on the land. See also "planned development."
PLATA map or drawing representing a tract of land showing the boundaries and location of individual lots and streets; a map or drawing of a subdivision or site plan.
PLUMBING CODEThe Uniform Plumbing Code, as amended, updated and supplemented, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the Plumbing Code of the City of Lake Lotawana.
PREFABRICATED OR MODULAR HOMESA dwelling unit constructed or fabricated in one (1) or more units, in a factory, complete with an integral utility system capable of being connected to an outside system, and can be transported over the road to the site where it is to be permanently attached to a foundation, as required for permanent conventional structure and so as to become an integral part of the real estate.
PRELIMINARY PLANThat portion of a preliminary plat submitted in connection with a multi-phase or phased subdivision application which provides the information and graphics meeting the requirements of this Title for the purpose of implementing an integrated development scheme for all phases of the proposed subdivision.
PRELIMINARY PLATThe preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning and Zoning Commission for approval.
PRINCIPAL STRUCTUREA structure in which is conducted the primary or predominant use of the lot.
PRINCIPALLY ABOVE GROUNDAt least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
PUBLIC HEARINGA meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate. A public hearing held in a contested case (as defined pursuant to Chapter 536, RSMo.) or in connection with a quasi-judicial determination may be referred to as an adjudicatory public hearing and shall be conducted in accordance with law and in a manner which permits persons, including the applicant and any opponents, may call witnesses and introduce evidence for the purpose of demonstrating that the requested development approval should or should not be granted. Witnesses in such adjudicatory public hearing shall be sworn and subject to cross-examination. The rules of civil procedure binding on the courts shall not, however, be applicable.
PUBLIC IMPROVEMENTAny improvement, facility or service together with its associated site or right-of-way necessary to provide transportation, drainage, utilities or similar essential services and facilities and that are usually and customarily owned and operated by a governmental agency.
PUBLIC MEETINGA meeting of the Planning and Zoning Commission or Governing Body preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
QUALIFYING PATIENTA Missouri resident diagnosed with at least one (1) qualifying medical condition.
[Ord. No. 21-22, 11-2-2021]
REAR LOT LINEThe boundary line of a lot which is opposite and most distant from the front lot line of the lot. In case of uncertainty the zoning engineer shall determine and designate the rear lot line.
REAR YARDAn open space, unoccupied by buildings or structures (other than a garage) on the same lot with a building, between the side lot lines, the rear lot line and the wall of the building (other than a garage) closest to the rear lot line and the line of that wall extended. The minimum depth of the rear yard shall be in the distance between the rear lot line and the nearest point of a building (other than a garage).
REBUILDSThe placement of overhead facilities for a distance of three (3) or more spans [four (4) poles] or five hundred (500) feet or less, exclusive of replacements due to casualty damage.
RECORDAny reasonable means of providing an account of some act, proceeding or hearing designed to remain as a memorial or permanent evidence of the matter to which it relates, including, but not limited to, written or audio and/or video format.
RECREATIONAL VEHICLEA vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RELOCATERemoval of existing facilities with subsequent reinstallation at an adjacent location, generally necessitated by roadway improvements or widening projects.
REMEDY A VIOLATIONTo bring the structure or other development into compliance with Federal, State, or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.
RESIDENTIAL CONSTRUCTIONA structure using traditional wood-frame construction methods characterized by wood framing materials and exterior walls using wood, masonry or brick.
[Ord. No. 18-05, 7-3-2018]
RISK PREMIUM RATESThose rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
ROADA thoroughfare or way which affords principal means of access to property abutting thereon, which includes streets, bridges and roadways.
ROADSIDE STANDSA temporary use of property of facilities for the selling of produce when such produce has not been grown on the premises by the owner of the property concerned.
ROADWAYThe improved portion of a thoroughfare, exclusive of berm or shoulder, used for vehicular travel.
SAME OWNERSHIPOwnership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, entities or unincorporated associations in which a partner, owner, stockholder, associate or a member of the family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
SCREENINGVarious combinations of walls, fences, earthen berms, trees, shrubbery, and landscape materials which comprise a screening plan to fulfill the requirements and serve the purposes of these regulations.
SERVICESFacilities located on private property and/or for the specific purpose of servicing one (1) customer.
SETBACKLines that roughly parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
SHEDA small building or structure used for storage. Can be freestanding and open on one (1) side.
SHOPA building used for manufacture or repair.
SIDE LOT LINEAny boundary line of a lot which is neither a front lot line nor a rear lot line.
SKETCH PLATA sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the applicant to save time and expense in reaching general agreement with the Planning and Zoning Commission as to the form of the plat and the objectives of these regulations.
SPECIAL HAZARD AREAAn area having special flood hazards and shown on a FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
SPECIFIC PLAN1. A document encompassing a specific geographic area of the local government which is prepared for the purpose of specifically implementing the local government Comprehensive Plan by:
a. Refining the policies of the Comprehensive Plan to a specific geographic area;
b. Containing specific recommendation as to the detailed policies and regulations applicable to a focused development scheme.
2. The specific plan shall consist of goals, objectives and policies; requirements for capital improvements; the level of service required for public facilities; physical and environmental conditions; housing and land use characteristics of the area; and maps, diagrams, and other appropriate materials showing existing and future conditions.
STABLEA covered area used to shelter horses.
START OF CONSTRUCTIONThe date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Includes substantial improvements.
STATE COORDINATING AGENCYThat agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
STORYThat part of a building included between 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 mean line of the eaves is not above the middle of the height of such story measured at its highest point.
STRUCTUREFor floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure," for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
STRUCTUREAnything constructed or erected, which is stationary on the ground, or attached to something that is stationary, including, but not limited to, advertising signs, billboards, and poster panels; but exclusive of customary fences or boundary retaining walls, and A/C units.
SUBDIVISIONAny land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future, either on the installment plan or upon any and all other plans, terms, and conditions. "Subdivision" includes the division or development of residentially and non-residential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. "Subdivision" includes resubdivision and condominium creation or conversion.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
SUNDECKA deck open from the deck floor to the sky and totally unenclosed from the ground up except for required railings. Patios and the like over three (3) feet above the finished ground level are defined as a sundeck.
TENTAny structure of fabric, plastic, canvas or like material so arranged as to provide shelter for animals, persons or equipment.
TRACTA lot. The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivision, where a tract is subdivided into several lots, parcels, sites, units, plots, condominiums or interests.
TRAVEL TRAILER CAMPA site maintained or intended to be used for the purpose of providing short-term accommodation for travel affairs.
TRAVEL TRAILER or RECREATIONAL VEHICLEA portable vehicular unit designed and intended to be used for temporary short-term occupancy and for frequent and extensive travel use. Such units commonly described as travel trailers, campers, motor homes, converted buses and other similar units, whether they are self-propelled, pulled or can be hauled without special permit, would be considered examples of travel trailers.
UNATTACHED GARAGEA building in which to park or store vehicles that is the only structure on the lot it occupies, is not used as a dwelling, is not taller than one and one-half (1 1/2) stories, and is of residential construction and appearance.
[Ord. No. 18-05, 7-3-2018]
USEThe purpose or activity for which land, buildings or structures are designed, arranged or intended or for which land, buildings or structures are occupied or maintained.
UTILITIESWater, gas, electrical, telephone, cable television and sewer services.
VARIANCE1. A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
2. Permission to depart from the literal requirements of these regulations in accordance with the provisions of these regulations.
VIOLATIONThe failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Title is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATIONThe height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
WETLANDAn area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. A wetland generally includes swamps, marshes, bogs and similar areas. A wetland is not an area that is artificially created on dry land and maintained for the treatment of mine drainage, stormwater control, and drainage associated with road construction. This definition is consistent with both the United States Army Corps of Engineers, 33 CFR 328.3(b), and the United States Environmental Protection Agency, 40 CFR 232.2.
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, FRONT DEPTHThe minimum horizontal distance from the front line of the building to the front property line of the lot or parcel.
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, REAR DEPTHThe minimum horizontal distance from the rear line of the principal building to the rear lot line.
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.
ZONING ADMINISTRATORThe planner or administrator designated by the Board of Aldermen to provide planning consultation services on policy and day-to-day operations for the administration of these regulations. The Zoning Administrator, for purposes of receiving applications and other documents, shall be the City Clerk. The Director of Public Works shall be the Deputy Zoning Administrator, and shall act as zoning administration for all purposes other than receiving documents until the Board of Aldermen shall have designated a different person.