[Ord. No. 6924 §§1—3(9-1), 2-22-1999]
This Title includes the City zoning ordinance, Chapter 405, the flood plain management ordinance, Article IV of Chapter 405, Sections 405.360 et seq., the subdivision ordinance, Chapter 410 and the mobile home park ordinance, Chapter 415. The fair housing policy is set out in Title II, Chapter 225 of this Code.
[Ord. No. 6924 §§1—3(9-2), 2-22-1999; Ord. No. 6952 §1, 11-8-1999; Ord. No. 6976 §1, 9-25-2000; Ord. No. 7169 §1(9-2(b)(52)), 6-27-2005; Ord. No. 7254 §1, 11-13-2006]
A. 
The phrase "used for" also means "designed for" and vice versa; words used in the present tense include the future; words in the singular number include the plural number and vice versa; words indicating the masculine gender include the feminine and vice versa; and the word "shall" is mandatory.
B. 
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]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri, to acquire, test, certify and transport marijuana.
[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:
a. 
Shared parking;
b. 
Common management;
c. 
Common identification;
d. 
Common access;
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 EASEMENT
All paved, unpaved and utility easements.
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.
TERRITORIAL JURISDICTION
All land lying within the corporate limits of the City.
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.