[Ord. No. 2005-03 §420.010, 5-9-2005; Ord. No. 2006-05 §1(420.010), 8-14-2006]
For the purpose of this Chapter, the following words and terms, as used herein, are defined to mean the following: words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is always mandatory; the term "used for" includes the meaning "designed for" or "intended for".
ACCESSORY BUILDING OR USEA subordinate building having a use customarily incidental and located on the lot occupied by the main building; or a use customarily incident to the main use of the property.
ADULT BOOKSTOREAn establishment having as a ten percent (10%) portion of its stock in trade in books, photographs, magazines, films for sale, rental or viewing or by use of motion picture devices or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.
ADULT ENTERTAINMENTCommercial entertainment in any building, theater or structure which contains or is used entirely or partially for presenting live presentations, films, video tapes, DVDs or other electronic media predominately distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein, or an exotic dance live presentation, video tape, DVD or other electronic media presentation, where the patrons either:
1. Engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
2. Observe any live presentation, film, video tape, DVD or other electronic media presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said terms are defined herein.
AGRICULTURAL USES - COMMERCIALAny enterprise involving the growing of any crops in the open for resale and/or the raising of livestock or poultry. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall riding academies, livery or boarding stables or dog kennels be so considered.
ALLEYA passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
APARTMENTA room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single-family or individuals living together as a single housekeeping unit.
APARTMENT HOUSEA building arranged, intended or designed for more than two (2) family units.
BASEMENTA story partly underground. A basement shall be counted as a story if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business, including inventory storage or dwelling purposes.
BATHHOUSEAn establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractor practitioner or professional physical therapist licensed by the State.
BOARDThe Board of Aldermen of the City.
BLOCKA block is one-sixteenth (1/16) of a square mile.
BUILDINGAny structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one (1) or more unpierced wall extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
BUILDING, HEIGHT OFThe vertical distance from the average ground level at the front wall of the building 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 or gambrel roofs.
CITY PLANThe Comprehensive Plan of the City, whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the offices of the County Recorder of Camden County and Morgan County. It may consist of several maps, data and other descriptive matter for the physical development of the City or any portion thereto. Further, it includes any amendment, extension or additions thereto adopted by the Board of Aldermen indicating the general locations for major streets, parks, schools or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.
CLUB, PRIVATEA building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.
COMMISSIONThe Planning and Zoning Commission of the City.
CONVERTTo change from one use in a district to another use.
COURTAn open, unoccupied space, other than yard, bounded on three (3) or more sides by exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable.
CUL-DE-SACA short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround.
CURB CUTSCurbs in a pedestrian thoroughfare cut to a slope of twelve (12) inches to one (1) inch.
CURB LEVELThe mean level of the curb or back of drainage ditch, if there is no curb, in front of the lot or in case of a corner lot, along that abutting street where the mean curb level is the highest.
DEVELOPERAny person, firm or corporation engaged in the dividing or subdividing of land into lots or parcels for the purpose of conveyance or lease within the scope and application of these regulations.
DISTRICTA part, zone or area within the City within which certain zoning regulations apply and are uniform.
DOUBLE FRONTAGEA lot with a street in front of and a street behind the lot.
DRIVE-IN ESTABLISHMENTSAny restaurant, financial institution or product vending enterprise where the patron does not have to enter and remain within a building during the transaction of this business.
DRIVEWAYA private access road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.
DWELLING, RESIDENCEA building or portion thereof designed exclusively for residential occupancy, including one (1) or more families, but not including hotels, boarding houses and rooming houses.
2. DWELLING, TWO-FAMILYA building exclusively designed for occupancy by two (2) families living independently of each other.
3. DWELLING, MULTIPLE-FAMILYA building or portion of a building designed for occupancy by three (3) or more families living independently of each other.
EASEMENTA grant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies or private individuals.
FAMILYOne (1) or more persons related by blood or marriage (including adopted children) or a group of not more than five (5) persons (excluding servants) not all related by blood or marriage occupying a premises and living together as a single non-profit housekeeping unit by joint agreement, as distinguished from a group occupying a boarding house or lodging house, hotel, club or similar dwelling for group use. The term "family" shall include those members residing in a foster home in compliance with and as permitted by State Statute, or group homes as defined herein.
FENCEA barrier erected to separate properties or to contain an area or portion of a person's property. Construction may be of PVC, plastic, wire, chain link, wood or masonry or equivalent. The use of solid sheet metal is excluded. Barbed wire requires an "AG-1" zoning or permit issued by the Zoning Inspector.
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.
LOTA parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this Chapter and having frontage upon a public or private street, alley or easement. A lot, as used herein, may consist of one (1) or more platted lots or tract or tracts as conveyed or parts thereof.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension.
LOT DEPTHThe mean horizontal distance from the front street line to the rear line.
LOT LINEThe lines bounding a lot as defined herein.
LOT LINE, FRONTThe boundary between a lot and the street on which it fronts.
LOT LINE, REARThe boundary line which is opposite and most distant from the front street line.
LOT LINE, SIDEAny lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.
LOT, THROUGHAn interior lot having frontage on two (2) streets. That interior lot shall be deemed to front on the street which has its least dimension.
LOT WIDTHThe horizontal distance between side lines, measured at the front building line.
MANUFACTURED HOMEA dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Home Construction and Safety Standards adopted June 15, 1976 (commonly known as the HUD code).
MASSAGE SHOPAn establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage, this being done under such circumstances the person to whom the treatment is being provided or a third (3rd) person will pay provider money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.
MOBILE HOMEA factory-built dwelling unit produced prior to June 15, 1976, when the HUD code went into effect.
MODELING STUDIOAn establishment or business which provides for a fee or compensation for the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not include public or private schools where persons are enrolled in a class.
MONUMENTA stone shaft or other object set in the earth to mark a boundary.
MOTELA building or buildings containing in the aggregate, on one (1) undivided tract or parcel of land, a group of individual private units with individual entrances, each provided with separate sleeping room or rooms, having both lavatory and toilet facilities, designed and to be used primarily for transient guests traveling by automobile, truck, bus or similar means of travel.
NON-CONFORMING USEAny building or land lawfully occupied by a use at the time of passage of this Chapter, or any amendment to this Chapter, which does not conform with the use regulations of the district within which it is located.
OPEN SPACE - PUBLICLand which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community or public building sites and other lands.
PARKAn area of public land laid out with walks, drives, playgrounds, etc., for public recreation.
PARKING SPACEA surfaced area not less than nine (9) feet wide and twenty-two (22) feet long, either within a structure or in the open. The parking space must be served with a driveway which provides access to a street or alley.
PLANNED UNIT DEVELOPMENT ("PUD")A tract of land planned and developed as an integral unit and consisting of a clustered residential development, a residential development varying housing types and densities or a combination of residential and non-residential uses of land.
PRE-CUT HOMEFactory-built housing in which building materials are factory cut to design specifications, transported to the site and assembled. Pre-cut homes include kit, log and dome homes. These homes must meet local building codes.
RESTAURANTA building wherein food is prepared and served on site to the public and regulated, inspected and approved by the appropriate public Health Department.
ROADWAY WIDTH OR SURFACE WIDTHPortion of any street designated for vehicular traffic and, where curbs are laid, that portion of the street between the curbs.
ROOMING HOUSEA dwelling occupied by a resident family or resident occupant and three (3) or more rent-paying persons.
SEXUAL ACTIVITIES1. DEVIATE SEXUAL INTERCOURSEAny act involving the genitals of one (1) person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
3. SEXUAL CONTACTAny touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.
4. SEXUAL INTERCOURSEAny penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
SIGNAny words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building.
STORYThat portion of a building, 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 floor and the ceiling next above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story; provided however, that any partial story used for residential purposes shall be deemed a full story.
STREETA public right-of-way which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, way, trafficway, thoroughfare or any other similar term. It is the full width between the property lines bounding every way of whatever nature when any part thereof is open to use by the public as a matter of right for the purpose of vehicular traffic.
1. Major streets and highways are those which are used primarily for fast or heavy traffic.
2. Collector streets are those which provide for traffic movement between major streets and highways and local streets including principal entrance streets to residential developments and streets for circulation within such developments.
3. Local and minor streets are those used primarily to provide direct access to individual lots and for local traffic movements.
STREET LINEThe dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected which requires location on the ground or attached to something having a location on the ground including, but not limited to, signs and swimming pools and excepting customary utility poles, retaining walls and fences.
SUBDIVISIONThe division of a parcel of land into two (2) or more lots or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
TOTAL FLOOR AREAThe square foot area of a building, including accessory buildings, measured from outside wall surfaces and including utility rooms, stairways, recreation rooms, storage rooms, but excluding unroofed balconies and patios.
VARIANCEA variation from a specific requirement in this Chapter, as applied to a specific piece of property, as distinct from rezoning.
YARDAn open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used.
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 between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDEA yard between the main building and the adjacent side line of the lot and extending entirely from a front yard to the rear yard.
ZONING INSPECTORThe official charged with the duty of ensuring compliance with the regulations of this Title.