[CC 1997 §26-21; Ord. No. 738 §1, 6-11-2007]
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 having a use customarily incidental to and located on the lot occupied by the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building. For the purposes of this Article, items such as basketball goals and uprights, bird baths, swing sets and landscaping related site amenities such as benches, yard lighting, statuary and landscape timbers used to define yard area shall not be considered accessory buildings for the purpose of yard requirements.
ACCESSORY USEA subordinate use which is incidental to that of the main building or use and which is located in the same lot with such main building or use.
ALLEYA minor public or private right-of-way shown on a plat, providing secondary vehicular access to the rear or side of a lot, block, parcel of land, otherwise abutting a street.
APARTMENTA room or suite of rooms within a building, provided with separate cooking and sanitary facilities and intended as a single dwelling unit.
AS-BUILT PLANSConstruction plans revised to show a facility or structure actually constructed and as it appears on a tract of land involved.
AUTOMOBILESAs used herein, the term includes passenger cars, motorcycles, vans and trucks.
BASE FLOODThe flood elevation having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENTA story having part but not more than one-half (½) of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes.
BUILDINGAny structure designed or intended for the support, enclosure, shelter or protection of persons or property.
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 grade. A cellar is not included in computing the number of stories for the purpose of height measurements.
CEMETERYA place for burial of the dead, including crematory facilities as an accessory use.
CLINICAn institution providing diverse health care or medical treatment for outpatient or ambulatory sick or injured persons, including medical personnel and ancillary facilities such as laboratories, but not including inpatient care or operating rooms for major surgery.
CLUB, PRIVATEA building or premise 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.
DAY CARE CENTERA facility for the daytime care of three (3) or more preschool children not otherwise residents of said facility.
DISTRICTAny section of the City of Oakland within which the zoning regulations are uniform.
DWELLINGA building designated or used exclusively for residential occupancy, but not including mobile homes, hotels or motels.
ENGINEERA professional engineer registered in the State of Missouri.
ERECTTo build, construct, install, attach, hang, place, inscribe, suspend or affix.
FAMILYOne (1) or more persons occupying a dwelling and living as a single housekeeping unit, all but two (2) of whom are related to each other by birth, adoption or marriage. Per Section 89.020, RSMo., a State licensed group home of up to eight (8) mentally or physically handicapped individuals plus up to two (2) house parents and a Foster Home licensed by the Division of Family Services or Department of Mental Health, with up to seven (7) foster children who are unrelated to the Foster Parents shall qualify as a family.
FENCEAn enclosure or barrier constructed of posts, supports, boards, wires, stakes, bricks, stones or rails.
FINISHED FIRST FLOOR HEIGHTThe finished first floor height is calculated as the height of a finished first floor measured at the approved finished grade to the finished first floor at the horizontal center of the front foundation wall as depicted in Figure 405.055-A below.
[Ord. No. 892, 2-17-2021]
Figure 405.055-A: Finished first floor height measurement |
FLOOR AREAThe horizonal area of a floor of a building measured from the interior face of the exterior walls of building, without deduction for hallways, closets, thickness of walls, columns or other features. For the purposes of computing floor area for half story, any portion of the floor area measuring less than five (5) feet from the finished floor to the finished ceiling shall not be included in the computation of floor area.
FLOOR AREA, ADJUSTED GROSSThe gross floor area of a structure, as defined herein, adjusted as follows:
1. All living space with ceiling heights of sixteen (16) feet or greater shall be counted at two hundred percent (200%);
2. Basements and cellars as defined herein, including garages located below the first (1st) floor of a single-family home, shall not be counted;
3. The floor area of all other attached garages shall be counted at fifty percent (50%).
FLOOR AREA, GROSSThe sum of the floor areas for all stories of a building as defined herein.
FLOOR AREA RATIO (FAR)The ratio of the adjusted gross area of a primary structure to the total area of the site.
FRONTAGEThe lineal measure of a property abutting on one (1) side of a street measured along the dividing line between the property and the street right-of-way.
GARAGE, PRIVATEA detached accessory building or portion of the main building housing or designed to house the automobiles of the occupants of the premises.
GRADEThe average level of the approved finished surface of the ground adjacent to the exterior walls of the structure. In the case the walls are within five (5) feet of a public sidewalk, alley or right-of-way, the grade shall be the elevation of the sidewalk, alley or right-of-way.
[Ord. No. 892, 2-17-2021]
GYMNASIUMA building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.
HOME OCCUPATIONAn accessory use conducted in a single-family dwelling or accessory building which is:
1. Clearly incidental and secondary to the use of the dwelling and does not change the character of the dwelling; and
2. Of which there is no indication from the exterior that the dwelling is being utilized in whole or in part for any purpose other than a dwelling and further that:
a. There is no outside storage or display of materials in connection with the home occupation;
b. The home occupation shall be carried on by a resident or resident members of the dwelling unit. In addition to the residents of the dwelling unit, no more than two (2) employees may be employed in the home occupation on the site at any one time;
c. No sign other than a small nameplate not to exceed six (6) inches in height or eighteen (18) inches in length with the resident's name and/or address only;
d. The home occupation will not create more than six (6) trips a day to and from the dwelling by all customers or clients of the home occupation;
e. No stock or materials other than the type or quantity normally found in the home;
f. The delivery of any materials for the home occupation will not exceed two (2) trips per day by any vehicle not owned by a family member; and
g. The mechanical equipment used for the home occupation is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office.
HOTEL, MOTELAn establishment consisting of a group of attached or detached living or sleeping accommodations, each with a bathroom, located on a single lot and designed for use by the traveling public and tourists and furnishing customary hotel services.
JUNK YARDA parcel of land upon which the principal or accessory use is the accumulation of used, discarded or worn out materials or manufactured products, any of which may or may not be reusable or salable.
LOADING SPACEA space having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of fourteen (14) feet within the main building or on the same lot providing for the standing, loading or unloading of trucks.
LOT COVERAGELot coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and include all projections other than open porches, fire escapes or the first (1st) three (3) feet of a roof overhang. Roads, driveways, parking lots and swimming pools shall not be included in the maximum lot coverage requirement. The percent of lot coverage shall be computed as follows:
Percentage of lot coverage | = | Square feet of ground coverage of all principal and accessory buildings |
|---|
| | total square feet of lot area multiplied by one hundred (100) |
LOTLand occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building, together with its accessory buildings, the yards, parking and loading spaces required herein and having its principal frontage upon a street.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OFThe mean horizontal distance between the front and rear lot line.
LOT OF RECORDA lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this Chapter.
LOT WIDTHThe width of a lot at the front yard line.
MANEUVERING SPACEThe unobstructed area needed for a truck to back, in a single movement, directly from the access street into a loading space, the depth of which is measured perpendicular to and from the front of said loading space to the curb side of the most remote traffic lane in the access street.
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 resin extracted from the plant and marijuana-infused products. "Marijuana" or "Marihuana" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 879, 10-14-2019]
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. 879, 10-14-2019]
MEDICAL MARIJUANA CULTIVATION FACILITYA facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
[Ord. No. 879, 10-14-2019]
MEDICAL MARIJUANA DISPENSARY FACILITYA facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 879, 10-14-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITYA facility licensed by the Missouri Department of Health and Senior Services to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
[Ord. No. 879, 10-14-2019]
MEDICAL MARIJUANA TESTING FACILITYA facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 879, 10-14-2019]
NON-CONFORMING USEA use, building or yard existing legally at the time of the passage of this Article, or any amendment thereto, which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.
NURSING HOMEA building or buildings in which elderly, chronically ill and disabled persons who are patients therein will be provided full support living facilities including twenty-four (24) hour nursing supervision.
OCCUPANCY PERMITOfficial certification that a structure conforms to all applicable City ordinances and requirements and may be used or occupied, proposed and approved.
OFFICEA building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
PARKING SPACEA durably surfaced area, unenclosed or enclosed in the main building or in an accessory building having a rectangular area of not less than two hundred (200) square feet and a minimum width of ten (10) feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway not less than twenty-four (24) feet in width for cars parked at a ninety degree (90°) angle, nor less than eighteen (18) feet in width for cars parked at an angle of forty-five degrees (45°) or less, to afford satisfactory ingress and egress for such parked vehicles. In parking structures, one-half (½) of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space and the minimum height of such space shall be seven (7) feet.
PREMISELand and/or structures situated thereon.
PROPERTY LINEThe legally recorded boundary of a lot, tract or other parcel of land.
PUBLIC USE AREASPublic parks, playgrounds, recreational areas, designated scenic or a historic site; school sites or sites for other public buildings and other areas dedicated to public use.
RECREATIONAL VEHICLESA vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven, and primarily designed as temporary living accommodation for recreational, camping, and travel use, including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. The term as used herein shall also include the following types of vehicle: boats, all-terrain vehicles, trailers (including, but not limited to, boat, motorcycle, and utility trailers), and such other vehicles as may be lawfully registered as a recreational vehicle.
[Ord. No. 943, 7-19-2023]
SCHOOL, PRIVATEAny school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools or private and parochial colleges and universities.
SCHOOL, PUBLICAny school operated by a public school district or by a City, County, State or Federal Government agency.
SIGNSAny display, name, identification, description, illustration, device, building or building treatment which is visible from any public space or is located on private property and exposed to public view and which directs attention to a product, place, activity, person, service, institution, profession, business for solicitation.
SITE DEVELOPMENT PLANA plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major natural and manmade landscape features, off-street parking or loading spaces and, depending on the requirements, the locations of proposed utility lines.
STABLEA private stable having a capacity of not more than four (4) horses.
STORYThat portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFA space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
STREETA general term denoting a public or private thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, forge or other such terms but shall not include pedestrian way or alley.
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 of any substantial change in the roof or in the exterior walls.
STRUCTUREThat which is built or constructed including, but not limited to, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grate steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground. For the purposes of this Article, items such as basketball goals and uprights, bird baths, swing sets and landscaping related site amenities such as benches, yard lighting, statuary and landscape timbers used to define areas shall not be considered as structures for the purpose of yard requirements.
USEThe purpose of activity for which land or a building thereon is designed, arranged or intended or for which it is maintained and shall include any manner or performance of such activity with respect to the performance requirements of this Chapter.
USED CAR LOT OR SALESThe annual sale of more than four (4) used vehicles not in conjunction with an automotive sales establishment.
VARIANCEA grant of relief to a person from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in an extreme hardship or severe practical difficulty to such person.
VEHICLE, MOTORAny self-powered vehicle moving on wheels or runners used as a means of transport.
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 the full width of the lot between a main building and the front lot line.
YARD, REARA yard extending the full width of the lot between a main building and the rear lot line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDEAn open space between the front and rear yards of a lot and between the side lot lines and the main building or any projections thereof.