[Ord. No. 4762, 10-2-2023]
Words found in the text or tables of this Zoning and Subdivision Regulations shall be interpreted in accordance with the provisions set forth in this Section. Additional definitions may be found in the Sections where they would be most applicable. The definitions herein are intended to apply to the entire Code. Where words have not been defined, the standard dictionary definition shall prevail. The following terms are hereby defined:
ACCESSORY DWELLING UNITLiving quarters within a detached accessory building located on the same premises with the main building; or within the principal dwelling, for use by temporary guests of the occupants of the premises, or rented for the use by another family or occupant.
ACCESSORY STRUCTURE OR BUILDINGA structure which is subordinate to and serves a principal structure; is subordinate in area, extent or purpose; and is located on the same lot with the main use or building.
ALLEYA public way that extends only secondary means of access to abutting property located within a block.
ALTERATION, STRUCTURALAny alteration to any component of a structure that supports any vertical load in addition to its own weight.
BERMA mound of earth, typically located in a buffer-yard to shield or block noise, lights or other nuisances.
BUFFER-YARDLand area typically containing trees, shrubs and other plants, berms, fences or walls and used to visibly separate one (1) use from another or to limit nuisances.
BUILDINGA structure having a roof supported by columns or walls.
BUILDING CODESThe Building Code of the City of Rolla, Missouri, together with electrical, plumbing, fire, and any related code(s), including any regulations adopted in conformance therewith.
BUILDING LINEA line located a distance corresponding to the district minimum front setback from the front lot line between the side lot lines, beyond which no part of a building shall extend.
BULK REQUIREMENTSBulk requirements (synonymous with bulk regulations) provide a zoning envelope for buildings by horizontal measurement. Such regulations include setbacks, minimum street frontage, maximum lot coverage, and minimum lot size.
CONDITIONAL USEA use permitted only through approval of a conditional use permit. Such use may be permitted depending on the location, scale, or particular application and may be approved with conditions to mitigate any potential impacts to surrounding properties as authorized by the City Council.
CONDOMINIUMA building, groups of buildings or property in which units are owned individually and all the owners on a proportional, undivided basis own the common elements.
DISTRICT, ZONINGA section(s) of the City of Rolla, for which the regulations governing the areas, heights or uses of buildings or lots are uniform.
DRIVE-THROUGH FACILITYA facility, typically accessory to a principal use, which encourages or permits customers to order, receive and consume goods and services while remaining in their motor vehicles.
DWELLING UNITA building or portion thereof designed exclusively for residential occupancy, each with separate restroom, cooking, and sleeping facilities and intended to function separately, generally with, for example, individual utility meters, addresses, points of entry, etc., but not including hotels, motels, boarding, rooming and lodging houses, and institutional care facilities.
ECONOMIC HARDSHIPWhen the landowner cannot economically utilize the property and it is impractical to sell or lease it or no market exists for it at a reasonable price.
FAMILYNot more than one (1) family is permitted to live in a single dwelling unit. The following living arrangements shall constitute a "Family":
1. Multi-Family and Commercial Districts: Eight (8) or fewer unrelated persons; or four (4) or fewer unrelated persons plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, and living as a single housekeeping unit in a single dwelling unit; or
2. Residential Districts, except Multi-Family Districts: Four (4) or fewer unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, living as a single housekeeping unit in a single dwelling unit; or
3. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; however,
4. The term family shall not be construed to mean fraternity, sorority, club, institutional group, or overnight shelters to limit occupancy.
FRONT LOT LINEThe line of the lot adjacent to the street on interior lots. On corner lots it is the prolongation of the front lot line of an interior lot.
GUEST HOUSELiving quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; with such quarters not meeting the definition of a dwelling unit and not rented or otherwise used as a separate dwelling.
HEIGHT, DIMENSIONALA dimension that is measured from a height that is equal to the lowest point along the intersection of the front(s) of the building (the side or sides of the building that faces the front lot line or lines) and the ground to the highest point of either the parapet line, cornice line, or eave line, whichever is applicable and highest.
HEIGHT, MAXIMUMThe maximum height shall be calculated as the lessor of the maximum story height or the dimensional height.
HEIGHT, STORYThe story height is the number of stories in a building, as defined by the Building Code, excluding any basements and attics.
HOME OCCUPATIONA business which is operated by the occupant of a dwelling from the dwelling.
IMPERVIOUS SURFACEAny part of a lot that is covered by buildings, structures, parking areas, driveways, and any other surfaces which reduce or prevent absorption of stormwater.
LAND USEThe purpose for which land, a structure, a building, or part thereof is being used, as categorized by this Zoning Code.
LOADING SPACEAn off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
LOTAn undivided tract or parcel of land that is under one (1) ownership, and is designated as a separate tract of land by identifying its boundaries by a lot number or letter on a duly approved and recorded subdivision or by a metes and bounds description on a recorded instrument.
LOT AREAThe total horizontal area within the boundary lines of a lot.
LOT DEPTHThe horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines, or the distance from the front of the lot measured at the mid-point of the rear lot line to the mid-point of the front lot line for multi-sided or unusual lots.
LOT LINESThe lines bounding a lot as defined herein.
LOT OF RECORDA lot that exists as shown or described on a plat or deed in the records of the County Recorder of Deeds or was recorded by a separate legal description on a deed recorded prior to November 1, 1973.
LOT WIDTHThe horizontal distance between the side lot lines, measured at the building line.
LOT, CORNERA lot situated at the intersection of two (2) or more streets.
LOT, FRONT OFThe front of a lot shall be considered to be that side on the lot that fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the lot has equal frontage on two (2) or more streets, the lot shall be considered to front on that street with the greatest number of lots front. The Community Development Director may designate any lot frontage to be the front yard where, in his/her opinion, it would cause the lot to be most compatible with the surrounding properties.
LOT, ODD-SHAPEDA lot which has more than four (4) sides, or has three (3) sides, or has one (1) or more curvilinear sides. In such case, the Community Development Director may designate the front, side, and rear sides.
NON-CONFORMING STRUCTURE, LEGALA building or structure or portion thereof that was lawfully erected, but does not conform to height, setback, or bulk regulations.
NON-CONFORMING STRUCTURE/USE, ILLEGALA use of land or a structure erected which does not conform to the current Zoning Codes and which was not permitted at the time of erection or establishment.
NON-CONFORMING USE, LEGALA lawfully established use of land, a building, or a structure that does not conform to the current Zoning Code.
OPEN SPACEArea included in any side, rear or front yard of any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, porches or decks. Open space does not include driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership may also be included as open space.
OWNER OF RECORDThe person, corporation, trustee or other legal entity listed as owner of a premise in the records of the County Recorder of Deeds.
PACKAGE LIQUOR STOREAn establishment where alcoholic beverages are sold for consumption off-premises.
PERSONAny individual, corporation, association, firm, partnership, institution or other legal entity, singular or plural.
PREMISESA premises is any tract of land which operates as a functional unit regardless of ownership or the number of lots. When developed, a premises has one (1) or more characteristics including shared parking, common management, common identification, common access, or shared circulation systems.
REAR LOT LINEThe line of the lot opposite the front lot line. In the event of an odd-shaped lot, the rear lot line for setbacks may be designated by the Community Development Director to be the deepest point of the lot or the point where the lot narrows to the minimum lot width required by the applicable zoning district.
SETBACKThe mandatory minimum or maximum distance between a lot line and an elevation of a building or the closest point of a structure that is not a building, unless otherwise indicated.
SIDE LINEAny lot line not a front line or a rear line. On a corner lot, the side line is the line perpendicular to the front yard line and not adjacent to a street.
SIDE LINE, CORNERAny lot line which is not considered to be the front or rear yard line and is adjacent to a street.
STREETA public way that extends primary means of access to abutting properties.
STREET, ARTERIALThose streets that are used primarily for high to moderate speed, high volume, extended trip length between activity centers traffic.
STREET, COLLECTORA street or road primarily for the carrying of traffic from residential streets to the arterial streets and freeways.
STREET, FREEWAYA divided arterial highway for through traffic with full control of access and generally with grade separations at intersections.
STREET, LOCALA street primarily for access to the abutting properties.
STRUCTUREA building or other object that has been constructed or erected on the ground or attached to or on top of another object or building, or as defined in the Building Codes. Walkways and driveways located on the ground are not considered structures.
YARDAn open space other than a court on the same lot between a building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward.
YARD, FRONTA yard extending across the full width of the lot, between the distance of the minimum required front setback and the front lot line.
YARD, REARA yard extending the full width of the lot, between the distance of the minimum required rear setback and the rear lot line.
YARD, SIDEAn open unoccupied space between the distance of the minimum required side setback and the side line of the lot extending from the front yard to the rear yard.