[R.O. 2011 §405.010; Ord. No. 055-87 §1, 10-21-1987; Ord. No. 333-94 §I, 10-19-1994; Ord. No 388-96, 7-3-96; Ord. No. 389-96, 7-10-1996]
For the purpose of this Chapter, these words are defined as
follows:
ACCESSORY BUILDING
A subordinate building, separate and detached from the main
building, or portion of the main building, the use of which is incidental
to that of the main building, or to the use of the premises.
ALLEY
A public thoroughfare which affords only a secondary means
of access to abutting property.
BASEMENT
A story partly underground and having at least two thirds
(2/3) of its height below the average level of the adjoining ground.
A basement shall be counted as a story for the purpose of height.
BENCH MARK
A definite point of known elevation and location and of more
or less permanent character.
BOARD
Board of Alderpersons.
BUILDING
Any structure having a roof, supported by columns or walls
and intended for the shelter, housing or enclosure of any person,
animal or chattel. When any portion thereof is completely separated
from every other portion by masonry or a fire wall without any window,
which wall extends from the ground through the roof, then such portion
shall be deemed to be a separate building.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the finished grade along the front of the building to the highest
point of the roof, surface, or to the highest point of the coping
of a flat roof, or to the deck line of a mansard roof, and to the
mean height level between eaves and ridge for gable, hip and gambrel
roofs.
BUILDING LINE
A line on a plat between which line and street or private
place no building or structure may be erected.
BUILDING OFFICIAL
That individual or individuals selected by and appointed
by the Mayor to conduct inspections of proposed or construction and
to review applications, including drawings for building permits.
BUSINESS
Includes the commercial uses and district as defined herein.
CHAIRMAN
The chairperson of the Zoning Commission.
CITY ENGINEER
The City Engineer or his/her duly authorized delegate.
COMMISSION
Commission shall be the Zoning Commission of the City of
Byrnes Mill.
COMMON LAND
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer in fee simple absolute title by a warranty
deed to the trustees whose trust indenture shall provide that said
common land be used for the sole benefit, use and enjoyment of the
lot owners present and future. No lot owner shall have the right to
convey his/her interest in the common land except as an incident of
the ownership of a regularly platted lot.
DISTRICT
A section or sections of the City of Byrnes Mill for which
the regulations governing the use of buildings and premises or the
height and area of buildings are uniform.
DRIVE-IN ESTABLISHMENT
An establishment which is designed to provide, either wholly
or in part, services to customers while in their automobiles.
DWELLING UNIT
One (1) or more rooms arranged or used as living quarters
for one family complete with individual kitchen facilities and toilet
facilities.
EASEMENT
A grant by a property owner to the public, a corporation
or a person for the use of land for a specific purpose.
EASEMENT, UTILITY
A grant by a property owner to a public utility company for
the purpose of installation, improvement and maintenance of public
utilities.
ENGINEER
Wherever used in this Chapter, the word "Engineer" shall mean a professional engineer registered and licensed to practice
in Missouri.
FAMILY
A group of one (1) or more persons occupying a premise and
living as a single housekeeping unit, as distinguished from a group
occupying a boardinghouse, lodging house or hotel, as herein defined.
FARM
An area which is used for the growing of the usual farm products
such as vegetables, fruits, trees and grain, and their packing or
storage on the area, as well as for the raising thereon of the usual
farm poultry and farm animals, such as horses, cattle, sheep and swine.
The term "farming" includes the operating of such
an area for one (1) or more of the above uses, including dairy farms,
with the necessary accessory uses for packing, treating or storing
produce, provided however, that the operation of any such accessory
uses shall be secondary to that of the normal farming activities,
and provided further that farming does not include the commercial
feeding of garbage or offal to swine or other animals.
FLOOR AREA, LIVING
The sum of the gross horizontal areas of the several floors
of a building, including interior balconies, or mezzanines but excluding
exterior balconies, screened-in porches, attached garages and finished
basement areas. All horizontal dimensions are to be measured to the
exterior faces of walls.
FLOOR AREA RATIO
A mathematical expression determined by dividing the total
floor area of a building by the area of the lot in which it is located,
as
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FLOOR AREA RATIO
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FRONTAGE
That edge of a lot bordering a street.
GARAGE, PRIVATE
Any accessory building housing not to exceed four (4) motor-driven
vehicles, the property of and for the use of the occupants of the
lot on which the private garage is located. The motor-driven vehicles
may consist of automobiles and/or up to one (1) ton trucks or vans.
GARAGE, PUBLIC
Any building or premises, except those described as a private
garage, used for the repair, storage or care of self-propelled vehicles.
GRADE
The rate of ascent or descent of land, that point or datum
plane from which reference to an elevation is measured. In the case
of a building or structure this point shall be established at the
center line of the structure or building perpendicular to the line
of maximum slope.
GREENHOUSE
A glass house devoted to the protection or cultivation of
tender plants.
GROUND COVERAGE (or building coverage)
The proportion of the lot area, expressed as a percent, that
is covered by the maximum horizontal cross section of a building or
buildings. Structures which are below that finished lot grade shall
not be included in the ground coverage computation and structures
which utilize the roof surface for usable landscaping or recreation
facilities (e.g., swimming pool) shall not be included in the ground
coverage computation. Ground coverage does not include parking areas
or vehicular circulation areas, unless otherwise specified by the
Commission.
HOTEL OR MOTEL
A building occupied as the temporary abiding place of individuals
who are lodged in rooms.
IMPROVEMENTS
Street pavements, sidewalk pavements, pedestrian way pavements,
water mains, storm sewers, sanitary sewers, signs, monuments, landscaping,
streetlights and other similar items.
INSTITUTION
A building occupied by a non-profit corporation or non-profit
establishment for public use.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LOT
A platted parcel of land intended to be separately owned,
developed, or otherwise used as a unit.
LOT AREA
The total horizontal area within the boundaries of a lot
exclusive of the right-of-way.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
LOT SPLIT
A division of one (1) lot into two (2) lots.
LOT WIDTH
The diameter of the largest circle that can be wholly enclosed
into a lot.
METES AND BOUNDS
The method used to describe a tract of urban land intended
to be used for dwelling or other purposes so that it can be recorded
in a Jefferson County Recorder's office, as contrasted with the description
of a part of a properly approved and recorded subdivision plat by
the lot and block number.
NON-CONFORMING USE
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendment thereto, which does not conform
after the passage of this Chapter or amendment thereto with the use
regulations of the district in which it is situated.
NURSERY
A place where trees, shrubs, vines and flowers are propagated
for transplanting.
PARKING LOT
Any place where motorized vehicles are parked, stored or
otherwise placed.
PLAT
A map, drawing or chart on which the developer's plan of
the subdivision is presented and which he/she submits for approval
and intends in final form to record.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by street,
crosswalk, railroad, electrical transmission line, oil or gas pipeline,
water main, sanitary or storm main, or for another special use. The
usage of the term "right-of-way" for land platting
purposes shall mean that every right-of-way hereafter established
and shown on the final plat is to be included in the lots or parcels.
ROAD FRONTAGE
The cumulative distance, not necessarily a straight line,
measured at the edge of the road.
SIGN
An identification, description, illustration or device which
is affixed to, or represented directly or indirectly, upon a building,
structure, or land, and which directs attention to a product, place,
activity, person, institution, or business, or which provides general
information.
SLOPE
The rate of deviation of the ground surface from the horizontal
surface, as expressed in percentages.
STABLE
A detached building, accessory to a residential use, of [for]
keeping of a horse or horses owned by the occupants of the premises
and which shall not be used for any commercial purpose including boarding,
hiring, sale or training of horses.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it then the space between such floor and the ceiling
next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than two-thirds (2/3)
of the floor area is finished off for use.
STREET LINE
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STREET OR ROAD
All property dedicated or intended for public or private
use for the passage of motor vehicles that is not wholly contained
within a single lot.
STRUCTURE
Anything constructed, erected or located thereon the use
of which requires permanent location on the ground or which, though
moveable, is used for a purpose which usually and customarily involves
permanent location on the ground (including, but without limiting
the generality of the foregoing, advertising, signs, billboards, poster
panels, backstops for tennis courts, pergolas and structures for the
housing of persons, animals, fowls, chattels, property, drives, driveways,
sidewalks, parking lots, trailer pads, aprons and flat work, fences,
walls, antennas, earthen structures, transplanted trees or shrubbery.
SUBDIVISION
The division of a parcel of land into two or more lots, or
other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
TOURIST OR TRAILER COURT
An area containing one or more structures designed or intended
to be used as temporary living facilities of two (2) or more families
and intended principally for automobile transients or providing spaces
where two (2) or more tents or auto trailers can be parked.
TRAILER/MOBILE HOME
Any structure used for living, sleeping, business or storage
purposes, having no foundation other than wheels, blocks, skids, jacks,
horses or skirting and which is, has been or reasonably may be, equipped
with wheels or other devices for transporting the structure from place
to place whether by motive power or other means. The term "trailer" shall include camp car (vans), motor homes, and
car transported recreational trailers.
TRUCK GARDENING
The raising of herbs, fruits or vegetables for sale at a
market.
WORK
Any construction, improvement, alteration or change in physical
condition of a building or structure.
YARD
Any part of yard area not used for buildings or other structures,
or for parking, or for accessways shall be landscaped with grass or
live ground cover.
[Ord. No. 879-17 § I, 7-19-2017]
YARD, FRONT
A yard extending across the front of a lot between the side
yard lines and being the minimum horizontal distance between the street
line and the main building or any projection thereof, other than the
projection of the usual steps or entrance way.
YARD, REAR
A yard extending across the rear of a lot measured between
the side lot lines and being the minimum horizontal distance between
the rear lot lines and the rear of the main building or any projections
other than steps, unenclosed balconies or unenclosed porches. On corner
lots, the rear yard shall be considered as parallel to the street
upon which the lot has its least dimension. On both corner lots and
interior lots, the rear yard shall in all cases be at the opposite
end of the lot from the front yard.
YARD, SIDE
A yard between the main building or any projection thereof,
and the side line of the lot and extending from the front to the rear
of the lot.