For
the purposes of this Chapter, certain terms and words are hereby defined
as follows:
ACCESSORY BUILDING
A subordinate building having a use customarily incident
to and located on the same lot as the main building. A building housing
an accessory use is considered 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.
ACCESSORY USE
A use incidental to the principal use of a building. In buildings
restricted for residential use, an office used for family occupations
and workshops not conducted for compensation shall be deemed accessory
uses.
AGRICULTURAL
The growing of crops in the open and the raising of such
stock and poultry as are incidental to the acreage farmed, provided
however, that such land shall consist of at least ten (10) acres in
one (1) parcel or in contiguous parcels under common ownership or
operation. The raising of fur-bearing animals, riding academies, livery
or boarding stables or dog kennels shall not be deemed an agricultural
use.
ALLEY
A minor permanent public service way which is used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
ALTERATION
Any addition, removal, extension or change in the structural
parts of a building, whether by extending on a side or by increasing
in height or the moving from one location or position to another.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied
by three (3) or more families living independently of each other.
BASEMENT
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
one-half (½) of its height is above the average level of the
adjoining ground.
BILLBOARD—SIGN BOARD
Any sign or advertisement used as an outdoor display for
the purpose of making anything known, the origin or point of sale
of which is remote from said display.
BUILDING
The word "building" shall be construed to
include any structure.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
BUILDING FRONT LINE
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or not, but does not include steps.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
or gambrel roofs.
BUILDING LINE
A line across a lot establishing the minimum open space to
be provided between the buildings and structures and the street property
line.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CHANNEL
A natural or artificial watercourse of perceptible extent
with a definite bed and banks to confine and conduct continuously
or periodically flowing water. Channel flow thus is that water which
is flowing within the limits of a defined channel.
CHILD CARE FACILITY
A house or other place conducted or maintained by any person
who advertises or holds himself/herself out as providing care for
more than four (4) children under the age of seventeen (17) during
the daytime, for compensation or otherwise, except those operated
by a school system or in connection with a business establishment
as a convenience for its customers, provided however, that this determination
shall not apply to any person, firm or institution not required to
be licensed under Section 210.211, RSMo.
1.
Day care home. A family home, occupied as a
permanent residence by the day care provider, in which family-like
care is given to no more than ten (10) children, not related to the
day care provider, for any part of the twenty-four (24) hour day.
2.
Day care center. A facility, other than the
provider's permanent residence or separate from the provider's permanent
residence or separate from the provider's living quarters, where care
is provided for children for any part of the twenty-four (24) hour
day.
CITY CLERK
The Webb City Clerk or his/her designated representative.
COMPREHENSIVE PLAN
A master plan for the development of all or part of the territorial
jurisdiction of the City, as adopted in accordance with this Code
and the laws of the State, including studies pertaining to land use,
traffic volume and flow, schools, parks, subdivisions, streets and
public buildings.
COVERAGE
That percentage of the plot or lot area covered by the building
area.
CUL-DE-SAC
A short street having one (1) end open to traffic and being
permanently terminated within the plat by a vehicular turnaround.
DAY CARE
A Missouri Department of Health and Senior Services licensed,
regulated or childcare subsidized facility where care is provided
for children by a child care provider for any part of the twenty-four-hour
day.
[Ord. No. 19-017, 12-17-2019]
DEVELOPMENT
Any man made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
DOG KENNEL
The keeping of more than three (3) dogs that are more than
six (6) months old.
DUMP
A parcel of land used primarily for the disposal by abandonment,
dumping, burial, burning or any other means and for whatever purpose
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
DWELLING—RESIDENCE
A building or portion thereof designed exclusively for residential
occupancy, including one- and two-family residences, but not including
hotels, boarding and rooming houses.
1.
Dwelling, single-family. A detached building
designed exclusively for occupancy by one (1) family.
2.
Dwelling, two-family—duplex. A building
designed exclusively for occupancy by two (2) families living independently
of each other.
3.
Dwelling, multiple-family. A building or portion
of a building designed for or occupied by three (3) or more families
living independently of each other.
EASEMENT
A grant by the property owner of a right to use some part
or all of the subject property for some specified purpose, said grant
being to and for the use of the public, a corporation or persons.
FAMILY
One (1) or more persons related by blood or marriage, including
adopted children or a group of not to exceed five (5) persons (excluding
servants) not all related by blood or marriage, occupying premises
and living as a single non-profit housekeeping unit, as distinguished
from a group occupying a boarding or lodging house, hotel, club or
similar dwelling for group use. A family shall be deemed to include
domestic servants employed by said family.
FILLING STATION
Any area of land, including any structure or structures thereon,
used or designed to be used for the supply of gasoline or oil or other
fuel (not including liquid petroleum gases) for the propulsion of
vehicles.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1.
The overflow of inland waters; or
2.
The unusual and rapid accumulation of runoff or surface waters
from any source.
FLOOD PLAIN MANAGEMENT
The operation of an overall program of corrective and preventative
measures for reducing flood damage including, but not limited to,
emergency preparedness plan, flood control works and flood plain management
regulations. The following definitions apply to these terms when used
in the flood plain management ordinance codified in this Chapter:
1.
Actuarial rates—risk premium rates. Rates
established pursuant to individual community studies and investigations
which are undertaken to provide flood insurance in accordance with
42 U.S.C. 4014 and accepted actuarial principles. Actuarial rates
include provisions for operating costs and allowances.
2.
Base flood. The flood having a one percent
(1%) chance of being equaled or exceeded in any given year, identical
to the term "100-year flood".
3.
Existing construction. Any construction started
prior to the effective date of a flood plain management ordinance
adopted by the City, also referred to as "existing structures".
4.
Flood Insurance Rate Map (FIRM). The official
map of a community prepared by the Department of Housing and Urban
Development/Federal Insurance Administration delineating flood hazard
boundaries where flood insurance may be sold and the risk premium
zones applicable to such areas.
5.
Flood Insurance Study (FIS). The official report
provided by the Federal Emergency Management Agency. The report contains
flood profiles and high water elevations for various flood frequencies
as well as the boundaries and water surface elevations of the base
flood.
6.
Flood protection system. Those physical structural
works constructed specifically to modify flooding in order to reduce
the extent of the area within a community subject to a "special flood
hazard". Such a system typically includes levees or dikes. These specialized
modifying works are those constructed in conformance with sound Federal
engineering standards.
7.
Floodproofing. Any combination of structural
and non-structural additions, changes or adjustments to structures
which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their
contents.
8.
Floodway. Also "regulatory floodway." The channel of a river or other watercourse and the adjacent portion
of the flood plain that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one (1) foot at any point assuming equal conveyance reduction
outside the channel from the two (2) sides of the flood plain.
9.
Floodway fringe. That area of the flood plain,
outside the floodway, that on the average is likely to be flooded
once every one hundred (100) years (i.e., that has a one percent (1%)
chance of flood occurrence in any one (1) year).
10.
Freeboard. A factor of safety usually expressed
in feet above a flood level for purposes of flood plain 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 clogged
bridge openings and the hydrological effect of urbanization of the
watershed.
11.
Historic structure.
a.
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;
b.
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;
c.
Individually listed on a State inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved State program as determined by the Secretary
of the Interior, or
(2)
Directly by the Secretary of the Interior in States without
approved programs.
12.
Manufactured home or mobile home. For flood
plain management purposes, the term means any transportable structure
used as a dwelling, including travel trailers and the like, when placed
on a site for more than one hundred (100) consecutive days; however,
for flood insurance purposes, the term does not include such trailers
or recreational vehicles.
13.
New construction. For the purpose 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 flood plain management purposes,
"new construction" means structures for which the "start of construction"
commenced on or after the effective date of a flood plain management
regulation adopted by a community and includes any subsequent improvements
to such structures.
14.
Regulatory flood elevation. The water surface
elevation of the 100-year flood, which is shown on the FIRM and in
the FIS.
15.
Regulatory flood protection elevation. An elevation
one (1) foot higher than the water surface elevation of the regulatory
flood.
16.
Shallow flooding area. A designated AO or AH
Zone on the City's FIRM with a one percent (1%) or greater annual
chance of flooding to an average depth of one (1) to three (3) feet
where a clearly defined channel is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow.
17.
Start of construction. For other than new construction
or substantial improvement under the Coastal Barrier Resources Act
(Pub. L. 97-348), includes "substantial improvement" and means the
date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement was within one hundred eighty (180) days of the
permit date. The "actual start" is the first (1st)
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns or 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 filing; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
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 (1st) 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.
18.
Substantial damage. Damage 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 "start of construction"
of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either:
a.
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions;
or
b.
Any alteration of an "historic structure", provided that the
alteration will not preclude the structure's continued designation
as an "historic structure".
19.
Substantial improvement. Any repair, reconstruction
or improvement of a structure, the cost of which equals or exceeds
fifty percent (50%) of the market value of the structure either:
a.
Before the improvement or repair is started; or
b.
If the structure has been damaged and is being restored, before
the damage occurred. For the purpose of this definition, "substantial
improvement" is considered to have occurred when the first
(1st) 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 structure. The term does not, however,
include either: Any project for improvement of a structure to comply
with existing State or local health, sanitation surface prior to the
construction next to the proposed walls of a structure.
GROUP HOME
Any 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.
HOME OCCUPATION
Any occupation or profession carried on by the inhabitants
which is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, which does not change the character thereof,
and which is conducted entirely within the main or accessory buildings;
provided, that no trading in merchandise is carried on and in connection
with which there is no display of merchandise or sign other than one
(1) non-illuminated nameplate not more than two (2) square feet in
area, which said sign is attached to the main or accessory building;
and further provided that no mechanical equipment is used, nor any
activity conducted that creates any noise, dust, odor or electrical
disturbance beyond the confines of the lot on which said occupation
is conducted. No more than twenty percent (20%) of the usable floor
area shall be devoted to such occupation.
HOSPITAL
A building used for the diagnosis, treatment or other care
of human ailments.
HOTEL
Any building or portion thereof which contains guest rooms
designed or intended to be used, let or hired out for occupancy or
which are occupied by ten (10) or more individuals for compensation,
whether paid directly or indirectly.
JUNK YARD
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of waste paper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition.
LOADING SPACE
An 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.
LOT
A unit of land defined as such for the purpose of development
or the transfer of ownership, occupied or to be occupied by a building
or unit group of buildings and accessory buildings, together with
such yard or other area required by this Chapter and having its principal
frontage upon a street or a place approved by the City.
1.
Lot, corner. A lot, or portion thereof, not
greater than one hundred (100) feet in width and situated at the intersection
of two (2) or more streets, having an angle of intersection of not
more than one hundred thirty-five degrees (135°).
2.
Lot, interior. A lot whose side lines do not
abut upon any street.
3.
Lot, through. A lot other than a corner lot
abutting upon two (2) or more streets.
LOT DEPTH
The horizontal distance between the front and rear lot lines,
measured along the median between the two (2) side lot lines.
LOT LINE
The line bounding a lot as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at the building line.
MARIJUANA or MARIHUANA
Cannabis 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
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does 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. 19-017, 12-17-2019]
MARIJUANA-INFUSED PRODUCTS
Products 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. 19-017, 12-17-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana test facility or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 19-017, 12-17-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this section to a qualifying patient, a primary caregiver, another
licensed medical marijuana dispensary facility, a medical marijuana
testing facility or a medical marijuana-infused projects manufacturing
facility.
[Ord. No. 19-017, 12-17-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana test
facility, or to another medical marijuana-infused projects manufacturing
facility.
[Ord. No. 19-017, 12-17-2019]
MOBILE HOME
A vehicle, trailer or other structure transportable in one
(1) or more constructed sections, which when erected on a site measures
eight (8) feet or more in width and forty (40) feet or more in length
and is designed to be used as a dwelling, with or without a permanent
foundation, and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. The term mobile home shall not
include the term recreational vehicle as hereinafter defined. A mobile
home is subject to the licensing authority of the Missouri Director
of Revenue and should have a serial number affixed to the unit pursuant
to Chapter 700, RSMo. So called modular homes, constructed in an off-site
location and then erected on-site, but not intended to be readily
movable from location to location, are not considered mobile homes.
1.
Mobile home park. A parcel (or contiguous parcels)
of land which has been divided into two (2) or more lots for rent
or sale and the placement of mobile homes.
2.
Mobile home space. A plot of ground within
a mobile home community or park which is designed for and designed
as the location for only one (1) automobile and one (1) mobile home
and not used for any other purposes whatsoever other than the customary
accessory uses thereof.
3.
Permit. A written authorization of the City
to allow location, establishment and/or maintenance of a mobile home
within the City limits.
4.
Recreational vehicle. A vehicular type unit
primarily designed as temporary living quarters for recreational,
camping or travel use, which either has its own motor power or is
mounted on or drawn by another motorized vehicle. The basic entities
contained within this term are: travel trailer, camping trailer, truck
camper and motor home.
5.
Skirting. A solid panel or sheet structure
made of metal, wood or synthetic material construction extending from
the undercarriage of a mobile home or transformed mobile home to the
ground level immediately below each exterior wall of such mobile home
or transformed mobile home.
6.
Transformed mobile home. A mobile home which
has been assessed as real estate for any or all of the reasons set
forth in Chapter 700, RSMo., as amended.
MOTEL
A building or group of buildings including either separate
cabins or a connected row of cabins or rooms which contain individual
sleeping accommodations for transient occupancy and have individual
entrances.
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
NON-CONFORMING USE
A building, structure or use of land existing at the time
of enactment of the City's zoning ordinance and which does not conform
to the regulations of the district or zone in which it is situated.
OVERLAY DISTRICT
A district in which additional requirements act in conjunction
with the underlying zoning district or districts. The original zoning
district designation and requirements do not change.
PARKING SPACE, AUTOMOBILE
Space within or on a building or a private or public parking
area for the parking of one (1) automobile.
PERSON
Any individual, firm, trust, entity, partnership, public
or private association or corporation.
PLAT
A map, plan or chart of the City, indicating the subdivision
or resubdivision of land, intended to be filed for record and showing
the location and boundaries of individual properties.
1.
Plat, final. A finished drawing showing completely
and accurately all legal and engineering information and certification
necessary for recording, including the bill of assurance.
2.
Plat, preliminary. A drawing which shows the
proposed layout of a subdivision in sufficient detail to indicate
unquestionably its workability in all aspects, but is not in final
form for recording and the details are not completely computed.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 19-017, 12-17-2019]
RELIGIOUS INSTITUTION
A building or facility used for religious worship and associated
religious functions (education, fellowship, recreation, etc.), including
synagogues and temples.
[Ord. No. 19-017, 12-17-2019]
SCHOOL
Any building or facility which is regularly used as a public,
private or parochial elementary and/or secondary school or high school.
[Ord. No. 19-017, 12-17-2019]
SIGN
Any words, numerals, figures, devices, designs or trademarks
by which anything is made known, such as are used to designate an
individual, a firm, profession, business or commodity and which are
visible from any public street or air. The following definitions apply
to these terms when used in the sign ordinance codified in this Chapter:
1.
"A" frame sign. A sandwich board, sidewalk
or curb sign that is constructed of solid material on both faces and
hinged at the top so as to form the letter "A".
2.
Animation. Any action or motion other than
flashing lights, automatic changeable copy or indexing, in an attempt
to develop a pictorial scene through mechanical or electrical means.
3.
Attached sign. Any sign substantially and permanently
attached to, applied on, structurally connected to, painted on, engraved
on, etched on or supported by any part of a building.
4.
Awning sign. A sign that is part of a fabric
or other non-structural awning.
5.
Balloon. Any cold or forced-air envelope of
material, which when filled with or is in constant process of being
filled with normal atmosphere (hereinafter referred to as "cold air")
billows to a point of stretching the envelope to its fullest extension
and causing the envelope to provide moderate retention of the cold
air forced into it.
6.
Banner. A temporary paper, plastic or cloth
device hung to attract attention to a business or special event.
7.
Bench sign. A sign located on the seat or back
of a bench placed on or adjacent to a public right-of-way; a type
of street furniture.
8.
Billboard or poster panel. A non-accessory
sign or sign structure upon which advertising may be posted, painted
or affixed and which is designed for the rental or lease of the sign
space for advertising not related to the use of the property upon
which the sign is located; not an off-site sign.
9.
Building Code. The Building Code of the City,
with the Electrical, Plumbing, Fire and any other related codes adopted
by the City Council, and any regulations adopted in conformance therewith.
10.
Building-mounted sign. A sign that is applied
or attached to a building.
11.
Business area. Any zoning district designated
under the zoning ordinances of the City for office, commercial or
industrial use such as "C-1" through "C-3" and "I-1" through "I-3".
Businesses operating under a special use permit must follow the Sign
Code for the zone in which it is located.
12.
Canopy sign. A sign on or attached to any overhead
protective structure that is constructed in such a manner as to allow
pedestrians and vehicles to pass under it.
13.
Code Enforcement Officer. Any inspector assigned
by the City administration to perform inspections for compliance with
the City Code.
14.
Commercial sign. A sign for any activity relating
to the sale of goods or services.
15.
Commercial location. Any building used for
commercial purposes and zoned "C-1" through "C-3" or any of the planned
districts overlay zones within each category with single- or multiple-occupancy
or strip commercial center or mall.
16.
Conforming sign. A sign that is legally installed
in accordance with local, State and Federal permit requirements and
laws.
17.
Copy. Any letters, figures, characters, representations,
pictures or wording on a sign including any identification, description,
symbol, trademark, object, design, logo, illustration or device, illuminated
or non-illuminated which directs attention to a product, service,
place, activity, person, institution, business or solicitation including
any permanently installed or situated merchandise or any emblem or
painting designated to advertise, communicate, identify or convey
information.
18.
Detached sign. Any sign other than an attached
sign, including any inoperable vehicle or any trailer located for
the primary purpose of advertising.
19.
Directional sign. Any sign designed to provide
direction to pedestrian or vehicular traffic. Also see "traffic flow
information sign".
20.
Directory board. Any sign erected on the premises
of a multi-tenant shopping center or strip center that identifies
the location and/or the names of the tenants thereof. Also see "Kiosk".
21.
Double-faced sign. A sign with two (2) parallel
faces.
22.
Electronic message center. See "Time and temperature
display".
23.
Flashing light. A continuously intermittent
light or sequential light, but not including animation or lighting
changes which change the copy of a sign.
24.
Freestanding sign. A sign which is self-supported
by a pole or post and not attached to any building, wall or fence,
but in a fixed location.
25.
Glaring illumination. Light of such brilliance
and so positioned as to blind or impair vision.
26.
Ground sign. An outside sign identifying a
development, industrial business, service or home made of brick, masonry
or stone, the bottom of which is attached directly and permanently
to the ground with no visible support structure and physically separated
from any other structure.
27.
Ideological and non-commercial sign. A sign
that does not name or advertise a product, service or business, but
only expresses a viewpoint, non-commercial message, opinion or idea.
This includes commemorative plaques, historic markers, holiday decorations,
political signs, political or fraternal flags, emblems or protective
signs, which are commonly associated with safeguarding the permitted
uses of premises including, but not limited to, "vicious dog", "no
trespassing", "neighborhood watch" and "authorized parking only".
28.
Illegal sign. A sign unlawfully erected or
maintained in violation of a Federal, State or municipal law.
29.
Interior sign. A sign that is located inside
of a building or other facility.
30.
Internal illumination. An internally illuminated
graphic with the light source concealed or contained within the graphic
itself and which becomes visible in darkness by shining through a
surface.
31.
Kiosk. A freestanding structure designed to
provide space for two (2) or more activities or businesses to advertise
their name on single premises or group of contiguous premises. Also
see "Directory board".
32.
Logo. A design or symbol that represents a
product, identity or service.
33.
Lot. A parcel of land under one (1) ownership,
designated as a separate and distinct tract and identified by a tract,
lot number or symbol in a duly approved subdivision plat of record
or on tax records.
34.
Maintenance. The repair or replacements in
kind of individual sign components including paper, fabric or plastic
copy panels; electrical wiring and bulbs, or paint, stucco or other
exterior finishes. This definition shall not include the replacement
of metal or wood cabinets, structural faces, supporting structural
members, primary uprights, posts and poles, or the sign in its entirety.
35.
Marquee. Sign painted on, attached to or consisting
of interchangeable letters on the face of a freestanding or a permanent
overhanging shelter that projects from the face of a building.
36.
Maximum effective area. The area enclosed by
the maximum imaginary rectangle or combination of contiguous rectangles
composed of vertical and horizontal lines which fully contain all
extremities of the sign.
37.
Menu board. A variable-message sign that allows
a retailer to list products and prices (for example, the bill of fare
of a fast-food restaurant).
38.
Mobile sign. A portable sign mounted on a moving
structure or vehicle.
39.
Monument sign. A ground sign with a low overall
height.
40.
Non-business area. Area within "A-1", "R-1"
through "R-3", "M" or zoning district overlay within each category
as defined in the zoning ordinance of the City, including areas therein
where legal non-residential users are present.
41.
Non-commercial. Relating to public services,
religion, charity, ideas, education or similar items.
42.
Non-conforming sign. A sign that was legally
erected and maintained but does not comply with the current Sign Code.
43.
Off-site sign. A sign whose message and design
relates to a business, profession, product, service event, activity
or other commercial activity that is not sold, produced, manufactured,
furnished or conducted at the property upon which the sign is located;
not a billboard.
44.
Official business directional sign. A
sign erected and maintained within the public right-of-way to indicate
to the traveling public the route and distance to public accommodations,
facilities, commercial services, and points of scenic, historical,
cultural, recreational, educational or religious interest. Such signs
shall comply with all applicable state regulations regarding the placement
of signs in public rights-of-way.
45.
On-premise sign. Any sign designating the name
of the owner or occupant of the premises upon which the sign is placed
or identifying such premises or advertising goods manufactured or
produced or services rendered on or listing the sale or lease of the
premises upon which the entire sign is located.
46.
Painted building sign. A sign directly painted
upon the surface wall of a structure for purposes of advertisement.
47.
Permanent sign. A sign attached to a building,
structure or to the ground in a manner that enables the sign to resist
environmental loads, such as wind, and that precludes ready removal
or movement of the sign.
48.
Pole sign. A freestanding sign with a visible
support structure.
49.
Political sign. Any sign that advertises a
candidate or an issue, which is to be voted on in a local, State or
Federal election.
50.
Portable sign. A sign that is easily moved
from one (1) location to another including signs which are mounted
on skids, trailers, wheels, legs or stakes and which is not fixed
permanently to the ground. It does not include an attached ideological
or non-commercial sign or a sign that refers to the sale or lease
of the premises. A portable sign is not intended to become a permanent
sign.
51.
Premises. Any tract of land consisting of one
(1) or more lots under single or multiple ownership which operates
as a functional unit. When developed, premises shall also possess
one (1) or more of the following criteria:
e.
Shared on-site traffic or pedestrian circulation.
52.
Projecting sign. An on-premises sign suspended
from or supported by a building or structure and projecting from the
face of the building or structure to which it is attached.
53.
Public way. A way designed for vehicular or
pedestrian use and maintained with public funds.
54.
Roof sign. A building-mounted sign erected
upon and completely over the roof of the building.
55.
Safety control sign. Warning, control, OSHA
or required public safety signs.
56.
Sign. Including, but not limited to, any device,
flag, light, figure, picture, letter, word, message, symbol, plaque
or poster visible from outside the site on which it is located and
designed to inform or attract the attention of persons not on that
premises, excluding those lights and landscape features which display
no words or symbols, works of art which display no word or additional
symbols and temporary holiday decorations.
57.
Sign area. The face of a sign, including copy,
insignia, background, structural supports and borders. The structural
support shall be excluded if they do not constitute a major part of
the sign or if the structure is not used to identify or attract attention
to the business or product.
58.
Sign face. The surface of a sign on which the
advertising message is displayed. A sign may have more than one (1)
face. Also see "Face".
59.
Sign height. The vertical distance to the top
of the sign measured from the nearest curb, sidewalk or street grade.
60.
Sign structure. Means any pole, post, strut,
cable or other structural fixture or framework necessary to hold or
secure a sign, providing that the fixture or framework is not imprinted
with any picture, symbol or work using characters in excess of one
(1) inch in height and is not internally or decoratively illuminated.
61.
Street grade. The highest altitude of the street
vertically under any portion of the sign or its supports.
62.
Street line. The dividing line between the
street and the abutting property. This shall mean the property line
between the street right-of-way and the adjacent property.
63.
Temporary commercial sign. Any sign, banner,
flag, pennant or valance constructed of cloth, canvas, light fabric,
cardboard and wallboard or other light materials with or without frames
which is not permanently secured, intended to promote or provide information
concerning a sale, event or activity, which is occurring or shall
occur on the property where the sign is displayed. A temporary sign
shall not be deemed to be a portable sign. A temporary sign is not
intended to become a permanent sign.
64.
Time and temperature display. A variable-message
sign that displays current time, temperature and messages in a stationary
or alternating manner. Also known as an electronic message center.
65.
Traffic control sign. A sign regulating traffic
that has been erected by municipal or State officials having jurisdiction
over the public way.
66.
Traffic flow information sign. A sign
directing traffic to or from or within or providing information for
a commercial, residential or industrial development.
67.
Variance. Special administrative procedure
by which one may obtain an exception to zoning rules such as size,
height, setback and type of use.
68.
Wall sign. A building-mounted sign either attached
to or displayed on or painted on an exterior wall in a manner parallel
with the wall surface, and not projecting more than sixteen (16) inches
from such surface.
69.
Window sign. A sign that is painted on, attached
to or suspended directly behind or in front of a window or glass portion
of a door.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the space between such floor and ceiling
next above it. A top story attic is a half story when the main line
of the eaves is not above the middle of the interior height of such
story. The first (1st) story is a half story when between fifty and
seventy-five percent (50%—75%) of the area of its exterior walls
are exposed to outside light and air entirely above grade and which
exterior walls contain windows or doors permitting the entrance of
daylight and outside air.
STREET
Any public or private right-of-way which affords the primary
means of access to abutting property.
STREET LINE
The legal line between street right-of-way and abutting property.
STRUCTURE
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground.
SUBDIVIDER
Any person, individual, firm, partnership, association, corporation,
estate or trust or any other group, entity or combination acting as
unit dividing or proposing to divide land so as to constitute a subdivision
as herein defined and including any agent of the subdivider.
SUBDIVISION
Any division of a lot, tract or parcel of land either by
platting or by metes and bound into two (2) or more lots or parcels
for purpose of transfer of ownership or development. The term "subdivision" shall apply also to any division of land for
agricultural purposes into lots or parcels of five (5) acres or more
shall not be deemed a subdivision unless street dedication or the
installation of utilities are involved. The term, when appropriate
to the context, shall relate to the process of subdividing or to the
land subdivided.
TOURIST CAMP
Land used or intended to be used by campers or for trailers,
tents or movable dwellings; two (2) or more trailers shall constitute
a tourist camp.
TOWERS
1.
Alternative tower structure. A structure such
as clock towers, sculptures, bell steeples, light poles and similar
alternative-design mounting structures that conceal the presence of
antennas or towers and are architecturally compatible with the area.
2.
Antenna. A specific device the surface of which
is used to receive or capture incoming and/or to transmit outgoing
radio-frequency (RF) signals, microwave signals or other communications
energy transmitted from or to be received by other antennas. Antennas
regulated by this Chapter include the following:
a.
Omni-directional (or "whip") antennas designed to receive and/or
transmit signals in a three hundred sixty degree (360°) pattern,
up to twenty (20) feet in height or length and up to approximately
five (5) inches in diameter.
b.
Directional (or "panel") antennas designed to receive and/or
transmit signals in a directional pattern which is less than three
hundred sixty degrees (360°), typically an arc of approximately
one hundred twenty degrees (120°).
c.
Parabolic (or "dish") antennas generally bowl-shaped devices
that are designed to receive and/or transmit signals in an approximate
specific direction.
3.
Antenna array. Two (2) or more devices used
for the transmission or reception of radio frequency (RF) signals,
microwave or other signals for commercial communications purposes
and may include omni-directional antennas (whip), directional antennas
(panel), parabolic (dish) antennas and ancillary antennas. Two (2)
or more antennas situated or mounted upon or attached to a single
platform or mounting structure which is affixed or attached to the
top of an antenna support structure or midway thereon or to an alternative
antenna support structure, including the roof of a flat-roofed building,
are included in the definition of antenna array.
4.
Antenna support structure. A structure or device
specifically designed, constructed and/or erected for the purpose
of attaching, mounting or otherwise affixing antennas at a height,
altitude or elevation which is significantly above the base of such
structure. Antenna support structures include the following:
a.
Lattice tower. A vertical support structure
consisting of a network of crossed metal braces forming a tower which
may be three (3), four (4) or more sided.
b.
Monopole tower. A vertical support structure
consisting of a single vertical metal, concrete or wooden pole, pipe,
tube or cylindrical structure, typically round or square, and driven
into the ground or mounted upon or attached to a foundation.
5.
Co-location. The use of a single antenna support
structure, alternative antenna support structure or an underground
conduit or duct by more than one (1) wireless communications service
provider to accommodate wireless communications facilities of two
(2) or more wireless communications service providers.
6.
Equipment enclosure. A small structure, shelter,
cabinet, box or vault designed for and used to house and protect the
electronic equipment necessary and/or desirable for processing wireless
communications signals and data, including any provisions for air-conditioning,
ventilation or auxiliary electricity generators.
7.
Facilities. The plant, equipment and property
including, but not limited to, cables, wires, conduits, ducts, pedestals,
antennas of all descriptions, electronic and mechanical equipment
and devices, buildings and similar structures used or useable in the
business by which they are owned, operated or maintained.
8.
Pre-existing towers and antennas. Any tower
or antenna on which a permit has been properly issued prior to the
effective date of this Section, September 25, 2000.
9.
Telecommunications tower. Any structure that
is designed and constructed primarily for the purpose of supporting
one (1) or more antennas, including self-supporting lattice towers,
guy towers or monopole towers. The term includes radio and television
transmission towers, personal communications service towers (PCS),
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures and the like. This definition does not
include any structure erected solely for a residential, non-commercial
individual use, such as television antennas, satellite dishes or amateur
radio antennas.
10.
Wireless communications facility. An unstaffed
facility for the transmission and/or reception of radio frequency
(RF), microwave or other signals for commercial communications purposes
typically consisting of an equipment enclosure, an antenna support
structure or an alternative antenna support structure and one (1)
or more antennas.
11.
Wireless communications service. The providing
or offering for rent, sale, lease or in exchange for other consideration
of the transmittal and reception of voice, data, image, graphic and
other information by the use of wireless communications facilities;
this term includes any personal wireless services as defined in the
Telecommunications Act of 1996, which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed.
12.
Wireless communications service provider. Every
person who provides wireless telecommunications service as a business,
for rent, sale, lease or in exchange for other consideration through
the use of wireless communications facilities, whether or not such
facilities are owned by or under the control of such person.
USE
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
VARIANCE
A variation from a specific zoning requirement applied to
a specific piece of property, as distinct from rezoning.
YARD
An 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. In measuring a yard for the purpose of determining
the width or depth of yard, the least distance between the lot line
and the building shall be used.