Defined Terms. All terms used in these regulations shall have their commonly accepted meanings based upon the context of their use within this code. The following terms shall have the meanings given below, unless more specifically described, limited or qualified within the standards of this Code.
ACCESSORY BUILDINGA subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Title) located on the same lot as the main building or principal use of the land.
ACCESSORY DWELLINGA permitted independent dwelling unit established in conjunction with, clearly subordinate to and located within or attached to a detached house on the same lot and not otherwise subdivided or segregated in ownership from the principal dwelling.
ACCESSORY USEOne which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Title) on the same lot as the principal use of the premises.
ALLEYA public way which affords means of access to property as an alternative to access from the street or through the lot frontage.
ALTERNATIVE COMMUNICATION TOWER STRUCTUREMan-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
[Ord. No. 3067, 4-6-2021]
ANIMATED SIGNSSigns that include animation or effects simulating animation, including those that employ flashing or blinking; intermittent or changing illumination creating a fading, dissolving, traveling, scrolling, dropping, pixilation or other similar transitional effect; video; sound emission; flapping, blowing, spinning, rotation or other movement; pyrotechnics; visible moving parts; or any device or illumination or other effect creating the illusion of motion.
ANTENNAAny exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.
[Ord. No. 3067, 4-6-2021]
APARTMENTA part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or a household.
AREA OF SPECIAL FLOOD HAZARDThe land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year, or an area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
AWNINGShall include any structure made of cloth or metal with a metal frame attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
BASEMENTThat portion of a building between the floor and ceiling which is wholly or partly below grade and having more than one-half (1/2) of its height below grade; except for the purpose of floodplain regulations it shall include any area of the structure having its floor subgrade (below ground level) on all sides.
BILLBOARDA pylon or freestanding sign of two hundred (200) square feet or more in area.
BUILDINGAny structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BUILDING LINEA line on a plat between which line and a street no building or structure may be erected.
CAMPUSA contiguous area of land typically greater than ten (10) acres making up the grounds of a public or private institution containing the main buildings or within the main enclosure in a coordinated and comprehensive design; provided, however, that for the purpose of this definition, the contiguity of any land area involved shall not be deemed to be destroyed by the presence of any public rights-of-way.
CANOPYShall include any structure, other than an awning, made of cloth or metal with metal frames attached to a building, projecting over a thoroughfare.
CUL-DE-SACA minor street with only one (1) outlet and culminated by a turnaround.
DEPARTMENTDepartment of Health and Senior Services or its successor agency.
[Ord. No. 3176, 3-7-2023]
DEVELOPMENTAny 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.
DUMPSTER, TEMPORARYA large container designed and used for storage of items to be thrown away, refuse, rubbish, trash, garbage, junk and/or debris for a period of time corresponding to a particular task or project. Such container is typically rented or leased to owners or occupants of property for their temporary use and is typically delivered and removed by truck. This term shall not be interpreted to refer to a trash can, trash container or a dumpster that is stored on a more permanent manner on the property and from which trash is collected on a recurring basis.
DWELLINGAny building or portion thereof designed or used for residential purposes.
DWELLING UNITA room or group of rooms occupied or intended to be occupied as separate living quarters by an individual or household.
EASEMENTA grant by the property owner of the use, for a specific purpose, of a strip of land by the general public, a corporation, or a certain person or persons.
ELECTRONIC MESSAGE SIGNAny electronically activated changeable copy sign. Included are signs that use changing lights to form a message and holographic displays.
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.
EXISTING MANUFACTURED HOME PARK OF 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.
]FAST-TRACK SMALL WIRELESS FACILITY or FAST-TRACKA small wireless, facility that meets the following requirements for an antenna and associated equipment:
[Ord. No. 3067, 4-6-2021]
1. No more than seven (7) cubic feet in volume (comprised of no more than twenty-seven (27) square feet of exterior surface area, excluding the surface width equal to the width of the existing structure or utility pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four (4) inches or less). Volume shall be the measure of the exterior displacement of the antenna and associated equipment.
2. Located with the consent of the owner on an existing structure or utility pole, or concealed within or on a replacement utility pole if the appearance is not materially altered and the existing structure or utility pole is no more than five (5) feet taller.
3. Not exceeding six (6) feet above the top of an existing structure or utility pole for a total height not exceeding forty-five (45) feet (nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet).
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 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.
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.
FLOOR AREA1. Commercial Business And Industrial Buildings Or Buildings Containing Mixed Uses: the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings but not including:
a. Attic space providing headroom of less than seven (7) feet.
b. Basement space not used for retailing;
c. Uncovered steps or fire escapes;
d. Accessory water towers or cooling towers;
e. Accessory off-street parking spaces; and
f. Six (6) accessory off-street loading berths.
2. Residential Buildings: the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls.
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.
FRONTAGE1. STREET FRONTAGEAll of the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
2. LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
GARAGEA portion of the principal building or an accessory building designed for storage, parking or other entrance and enclosure of vehicles.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
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 by an approved State program as determined by the Secretary of the Interior; or directly by the Secretary of the Interior in states without approved programs.
HOUSEHOLDAn individual or couple and their children and no more than two (2) other persons related directly to the individual or couple by blood or marriage, occupying a single housekeeping unit used on a non-profit basis. A household may include not more than two (2) additional persons, not related to the individual or couple by blood or marriage, provided that such additional person(s) may be provided with sleeping accommodations but not separate kitchen facilities.
LOADING SPACEA space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.
LODGING — SHORT-TERM RENTALThe rental of a property, a dwelling unit, or portion thereof, conducted on a third-party platform or network that facilitates the listing, marketing, or rental of short-term rentals.
[Ord. No. 3087, 9-7-2021]
LOTA parcel of land which may include one (1) or more platted lots, occupied or intended for occupancy by a use permitted in this Title, having its principal frontage upon a street or upon an officially approved place.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
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 Chapter.
MAJOR THOROUGHFAREA street designated as a major thoroughfare in the Major Thoroughfare Plan for Parkville, Missouri.
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."
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 or MARIHUANACannabis indica, Cannabis saliva, 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. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]
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. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]
MATERIALS, BUILDINGMaterials which are generally essential to the construction of buildings or structures, including lumber, concrete, bricks, roofing materials, siding, plumbing, heating and electrical equipment, windows, doors, insulation, landscaping supplies, and similar materials customarily associated with building construction.
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.
MINOR STREETA street not designated as a major thoroughfare in the Major Thoroughfare Plan for Parkville, Missouri.
MURALAny painting, fresco, decoration, mosaic or similar art form intended for décor/commemoration applied to a wall, fence or structure.
[Ord. No. 2960, 9-18-2018]
NATIVE PLANTSPlant species that are indigenous to the Kansas City metropolitan area and require little maintenance as they are naturally adapted to the region's climate.
NATURAL STORMWATER MITIGATION PRACTICESStormwater management practices that aim to reduce the amount of stormwater runoff and prevent or control the discharge of pollutants into local bodies of water by utilizing natural materials.
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 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 (NFIP).
PORTABLE STORAGE CONTAINERAny portable container designed and used for personal property or similar storage. A portable storage container is typically rented or leased to owners or occupants of property for their temporary use and is typically delivered and removed by truck, but shall include any and all portable containers regardless of ownership, delivery or removal method.
PREMISESA lot, together with all buildings and structures thereon.
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.
SIGNAny sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee or street clock, including any announcement, declaration, display, illustration or insignia used to advertise or promote the interest of any person when the same is placed out-of-doors in view of the general public, including any borders, and trim or structural members, exclusive of upright supports.
SMALL WIRELESS FACILITYAn antenna and associated equipment that meets the following:
[Ord. No. 3067, 4-6-2021]
1. An antenna of no more than six (6) cubic feet in volume; and
2. All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than twenty-eight (28) cubic feet in volume; provided, that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume, and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume.
START OF CONSTRUCTIONIncludes substantial improvements, and means the date the building permit was issued, provided that 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.
STORAGEThe placement of goods, materials or personal property for more than two (2) consecutive days or any part of two (2) consecutive days.
STREETA public thoroughfare which affords the principal means of access to abutting property.
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, including but not limited to bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE1. Anything, other than a fence, constructed or erected, which requires location on the ground or attached to something having a location on the ground, including but not limited to advertising signs, billboards, and poster boards.
2. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground [at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground], as well as a manufactured home.
3. For insurance purposes, 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.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings. (See definition.) The term does not apply to:
1. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure; or
3. Any improvement to a building.
SUBSTANTIAL IMPROVEMENTAny combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds fifty percent (50%) of the current market value of the building. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures, which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term does not apply to:
1. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure"; or
3. Any building that has been damaged from any source or is categorized as repetitive loss.
TOWERAny structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. This term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alterative tower structures, and the like.
[Ord. No. 3067, 4-6-2021]
UTILITARIAN AREASAreas utilized for loading and unloading trucks, service areas and areas possessing mechanical equipment or trash receptacles.
UTILITY POLEA pole or similar structure that is or may be used for wireline communications, lighting, traffic control, signage, or a similar function, which may also support a small wireless facility or fast-track.
[Ord. No. 3067, 4-6-2021]
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.
YARDAn open space other than a court, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this Title.
YARD, FRONTA yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension, if the front door faces the corner. Otherwise, the front yard shall be considered the yard which the front door faces.
YARD, REARA yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.
YARD, SIDEA yard between the main building, or any projection thereof, and the side line of the lot.