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Warrensburg City Zoning Code

ARTICLE II

Word Usage and Definitions

§ 980-5 Word usage and interpretation.

For the purpose of this chapter and in order to carry out its provisions and intentions, certain words, terms and phrases shall be deemed to have the meanings ascribed to them in this chapter, except where specifically defined herein.
Words used in the present tense shall include the future; and words in the singular number include the plural, and those in the plural number include the singular. The word "used" as applied to any land or structure shall be construed to include "arranged", "designed", "maintained", "occupied" and "intended".
The word "shall" is mandatory and not discretionary.
The word "may" is permissive.
The word "lot" shall include the words "piece", "parcel" and "tract".
Any words not defined as follows shall be construed in their generally accepted meanings as defined in the most recent publication of Webster's Dictionary.

§ 980-6 Definitions. [1]

The following words, terms, and phrases are hereby defined and shall be interpreted as such throughout this chapter:
A building subordinate to the principal building, the use of which is incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) is located on the same premises, and contributes to the comfort, convenience or necessity of the occupants of the principal building or mobile home, or contributes to the operation of the principal use of the lot.
Land, or land, buildings and structures, the principal use or uses of which is growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, viticulture or animal or poultry husbandry, and accessory uses customarily incidental to agricultural activities, including, but not limited to, the farm dwellings, dwellings for tenants and full-time hired workers and the dwellings or lodging rooms for seasonal workers.
Any public right-of-way, with a width of not less than 16 feet nor more than 24 feet, which affords a secondary means of vehicular access to abutting properties. A street shall not be considered an alley.
A dwelling containing more than one dwelling unit having an entrance to a common hallway or balcony.
A building designed for or containing both apartments and individual guest rooms or suites of rooms and apartments, including services ordinarily furnished by hotels, such as a drugstore, barber shop, cigar and newsstand when such uses are located entirely within the building with no entrance from the street, and having no sign or display visible from the outside of the building indicating the existence of such use.
A building or portion thereof containing facilities for washing more than two automobiles using production-line methods with a chain conveyor, blower, steam-cleaning device or other mechanical devices.
An area of land where three or more motor vehicles, not in running condition, or parts thereof are stored in the open and any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof.
Any premises used for supplying gasoline and oil, tires, accessories and services for automobiles at retail direct to the motorist consumer, including the making of minor repairs and such major repairs as:
[Amended 6-7-2021 by Ord. No. 764]
Spray painting;
Body, fender, clutch, transmission, differential, axle, spring and frame repairs;
Major overhauling of engines requiring removal therefrom of cylinder-head or crankcase;
Repairs of radiator requiring removal thereof;
Complete recapping or retreading of tires.
The average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
A portion of a building wholly or partly below the average ground elevation.
The Village Board of Warrensburg.
A building other than a motel, apartment hotel or hotel where, for compensation and by arrangement, meals, lodging or lodging and meals are provided for three or more persons.
That portion of a lot bounded by the required rear and side yards and the building setback line.
Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
The percent of a lot (or in the case of planned developments, a net site area) which is covered by the building or buildings (principal and accessory).
The vertical distance from the foundation 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 saddle, hip, gambrel and similar roof types.
A line on a lot, parallel to a lot line or street right-of-way line at a sufficient distance to provide the required yards, delimiting the area in which structures are permitted subject to the provisions of this chapter.
A building line establishing the minimum allowable distance between a street right-of-way line and any structure.
A facility, private, semi-private or public, providing group care for children, primarily during the day while parents are at work. The center may provide meals for the children but not lodging rooms.
An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or allied practitioners practicing together.
A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
The Plan Commission of the Village of Warrensburg.
One which accommodates the patrons' automobiles, from which the occupants may watch, purchase or otherwise conduct business.
A building, exclusive of apartment hotels, hotels or motels, as herein defined, containing as the principal use one or more dwelling units.
A room or group of rooms providing living quarters for not more than one family.
A dwelling designed for or occupied exclusively by three or more families.
A dwelling designed for or occupied exclusively by one family.
A dwelling designed for or occupied by two families, each with completely separate entrances.
Any individual, or two or more persons related by blood, marriage or legal adoption or a group of not more than five persons (excluding servants), who need not be related by blood or marriage, living together as a single housekeeping unit and occupying a single dwelling unit.
The sum of the gross floor area, measured from the exterior limits or faces of a building or structure, for each of the several floors under roof. Floors below foundation grade are not included, and the floor area of a principal structure shall not include attached accessory structures.
The total floor area of the building or buildings (principal and accessory) on a lot divided by the area of the lot, or in the case of planned developments, by the net site area.
All the property on one side of a street or highway between two intersecting streets or highways (crossing or terminating), or between lot lines, measured along the line of the street or highway, or if the street or highway is dead-ended, then all of the property abutting on one side between an intersecting street or highway and the dead end of the street or highway.
An accessory building designed or used for the storage of privately owned motor-driven vehicles owned and used by the occupants of the dwelling to which it is accessory, and not storing more than one truck or commercial vehicle or any vehicle which exceeds a two-ton capacity.
[Amended 6-7-2021 by Ord. No. 764]
Any premises used for supplying gasoline and oil, tires, accessories and services for automobiles at retail direct to the motorist consumer, including the making of minor repairs, but not including such major repairs as:
[Amended 6-7-2021 by Ord. No. 764]
Spray painting;
Body, fender, clutch, transmission, differential, axle, spring and frame repairs;
Major overhauling of engines requiring removal therefrom of cylinder-head or crankcase pan;
Repairs of radiator requiring removal thereof;
Complete recapping or retreading of tires.
An occupation carried on in a residential dwelling by the resident thereof, not involving the conduct of a retail business or manufacturing business, and complying with the requirements of this chapter, including § 980-11.
[Amended 6-7-2021 by Ord. No. 764]
A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house or an apartment, which are herein separately defined.
A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
Any land or structure used for salvaging operation, including, among other things, the storage and sale of wastepaper, rags, scrap metal and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.
Any premises or portion thereof on which more than three dogs, cats or other household domestic animals, over the age of four months, are kept or on which more than two such animals are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.
A space within the principal building or on the same lot, providing for the standing, loading or unloading of trucks, and with access to a public way.
A building or structure having rooms which are generally rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one lodging room.
A single parcel of land which may be legally described as such, having principal lot frontage on a street which comprises a site occupied by, or intended for occupancy by, one principal building or principal use, together with accessory buildings and uses, yards and open spaces required by this chapter.
[Amended 6-7-2021 by Ord. No. 764]
That boundary of a lot along a public street. For a corner lot, the owner may elect either street line as the front lot line.
[Added 6-7-2021 by Ord. No. 764]
A lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Macon County; or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds of Macon County prior to the enactment of this chapter. A recorded lot may or may not coincide with a zoning lot.
The width of the lot at the building setback line.
A lot abutting on two streets at their juncture, when the interior angle formed is less than 135°.
A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
A parcel of land composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory buildings or uses meeting all the requirements for area, buildable area, frontage, width, yards, setbacks and any other requirements set forth in this chapter.
A boat basin and recreational facility, located on waterfront property, providing moorings for boats, and one or more of the following facilities: boat launching ramps, boat livery, boat sales, maintenance shops, marine supply store and fuel dock.
A detached single-family dwelling unit with all of the following characteristics:
Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels.
Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports and connection to utilities.
See Chapter 939, Mobile Homes and Mobile Home Parks, § 939-1, of the Village Code.
A building or group of buildings used primarily for the temporary residence of motorists or travelers.
Any structure or portion thereof which does not conform with the regulations of the zoning district in which it is situated in terms of the placement on the lot, the setback from lot lines, height, building bulk or any similar requirement.
The use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated and which use existed therein or thereon before the enactment of the Zoning Ordinance of the Village of Warrensburg.
A school, private, semi-public or public, providing organized instruction and care for children prior to their enrollment as required by law in a school which has a course of study which meets applicable state and national standards for an accredited elementary school. (A nursery school may provide meals but not lodging rooms for students.)
A surfaced area of at least 200 square feet located on the same lot as the building or use it is intended to serve and of such shape as to be suitable for parking or storage of a motor vehicle. The minimum area is exclusive of driveways which give convenient access between the parking space and a street serving the lot.
A tract of land containing five acres or more developed under unified ownership or control, and when certain requirements of a given district may be modified in accordance with specific standards and procedures of Article XX of this chapter.
A tract of land with any buildings thereon; or a building or part of a building usually with its grounds or other appurtenances. When more than one business occupies a single building on the ground floor, each business area shall be considered a separate premises. Business or other public enterprises which occupy other floors shall be considered separate premises.
The President of the Village Board of the Village of Warrensburg.
A method of disposing of refuse by daily spreading and covering such refuse with earth.
The minimum horizontal distance measured between a building foundation or structure and the property line or a street, alley, stream or railroad right-of-way line; such measurements will be the minimum distances measured perpendicular to such property lines or right-of-way lines.
[Amended 6-7-2021 by Ord. No. 764]
The maximum area of a lot generally covered by the shadow of a building or structure on September 21.
Any structure, device, light or natural object, including the ground itself, or any part thereof, or any device attached thereto, or painted or represented thereon, which shall be used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which shall display or include any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement, and which is intended to be seen from off the premises or from a parking lot. The word "sign" shall include signs which are affixed to the inside of windows and glass doors and are intended to be seen from roadways or parking lots. No other indoor sign shall be deemed a sign within this chapter.
That portion of a building, other than a cellar or basement (except one used for business or residence), 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.
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
A public or private thoroughfare which affords the principal means of vehicular access to abutting property.
A dividing line between a lot, tract or parcel of land and a contiguous street.
A street which carries traffic from a major street to a local street.
A street primarily designed for interurban or interregional travel.
A street primarily designed for access to abutting properties and for access to collector streets.
A street designed to carry traffic from one part of the Village to another part of the Village through neighborhood areas, including streets designed to carry heavy business or industrial traffic.
Any change other than normal maintenance which would tend to prolong the life of a supporting member of a structure such as a bearing wall, column, beam, girder or any substantial change in the roof or exterior walls.
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, arbors and trellises.
A place where alcoholic beverages are sold for consumption on the premises.
A building designed for or used as a single-family or two-family dwelling in which sleeping rooms are provided or offered to transient guests for compensation.
Any structure used for temporary living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which is, has been or reasonably can be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include a camp car and house car.
Any lot or parcel used for one or more auto trailers, tents, house or camp cars or other portable or mobile shelters used for temporary living, sleeping, business or storage purposes.
The purpose or activity for which the land, or any structure thereon, is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.
A use subordinate to the principal use and located on the premises serving a purpose customarily incidental to the principal use. Residential accessory uses may include storage of household goods, parking areas, gardening, servants' quarters, private swimming pools and private emergency shelters.
A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of such district.
The main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a "permitted" or a "special" use.
A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.
An open space on the same lot with a building, unobstructed from the ground upward.
A yard extending across the front of a lot, between the side lot lines, and between the street line and the front face or faces of the main building. On corner lots, each yard abutting a street shall be considered to be a front yard.
A yard extending across the rear of a lot, between the side lot lines, and between the rear lot line and the rear face or faces of the main building.
For purposes of determining building lines, the required (minimum) yard shall lie between the required front and rear yard lines (for a required side yard) or between the side lot lines (for a required front or rear yard) and shall extend into the lot from the lot line the distance required in the set of regulations established in this chapter for the zoning district in which the lot is situated.
A yard extending between the front and rear yard lines and between the side lot line and the side face or faces of the main building.
An area of the Village of Warrensburg delimited on the Zoning Map and subject to a specific set of regulations established in this chapter.
[1]
Editor's Note: This section was amended 6-7-2021 by Ord. No. 764 to delete the following terms: "cabin or cottage," "camp," "eleemosynary institution," "garage, public," "industrial park," "rooming house," "sheltered care home," "shopping center," "sign, off-premises" and "sign, on-premises."