City of Chillicothe, MO General Provisions

[Ord. No. 2000-46 §1(2-101), 4-10-2000; Ord. No. 2012-06 §1, 2-27-2012; Ord. No. 2016-70 § 1, 12-12-2016]

For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:

The word "shall" is mandatory, the word "may" is permissive.

The word "lot" includes the words "plot" or "parcel."

The feminine shall refer to both the feminine and the masculine, and the masculine shall refer to both the feminine and the masculine.

For the purposes of these regulations, the following terms or words are defined as follows:

ABANDONMENT

To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility or during normal periods of vacation or seasonal closure.

ABUTTING

Having a common border with or being separated from such a common border by a right-of-way, alley or easement.

ACCESSORY USE

A subordinate structure or use detached from, but on the same lot as, the principal structure or use. Such a use is clearly subordinate to the main structure or use on the subject lot or property tract.

ADULT USES

An establishment where, for any form of consideration, motion pictures, videos, cassettes, slides, photographic reproductions, personal performances, public performances, books or any other products, any of which are of a sexually explicit nature or character, are displayed, sold, bartered or rented.

AGRICULTURE

The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

AIRPORT

Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

ALLEY

A public or private way permanently reserved as a secondary means of access to abutting property.

ALTERATION

Any change, addition or modification in construction or occupancy of an existing structure.

ANTENNAE

Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

ANTENNAE, ACCESSORY

Antennae and supporting structure attached to a building or located on the same lot as a building, designed and used for an amateur radio or citizen band radio (including such antennae used for transmitting and receiving), a similar communication device that only receives a radio frequency (RF) signal or any receive-only home television antenna.

ANTENNAE, COMMUNICATION

Any device that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, personal communications services (PCS) or other wireless telephony, fixed point microwave, low power television, or other similar wireless communications and common carriers. This definition does not include small satellite dish antennae that only receive a signal, any other receive-only antenna, including a satellite earth station, any receive-only home television antenna, or any accessory antenna as herein defined which does not exceed 35 feet in height.

ANTENNAE, CONCEALED COMMUNICATION

Communication antennae that are completely contained within a church steeple or other structure and not visible from outside such structure.

ANTENNAE, PANEL

Antennae or an array of antennae designed to concentrate a radio signal in a particular area. Panel antennae are basically flat, rectangular devices approximately six (6) square feet in size and are commonly referred to as "directional antennae."

ANTENNAE, SATELLITE DISH

Devices or structures used to transmit and/or receive radio, television or electromagnetic waves or signals between terrestrially and/or orbitally based used through a reflective surface that is solid, open mesh or bar configured and generally is in the shape of a shallow dish, cone, horn, or cornucopia. This definition includes, but is not limited to, satellite earth stations, television-reception-only (TVROs), and satellite microwave antennae.

ANTENNAE, WHIP

Antennae that are cylindrical in shape, less than six (6) inches in diameter, up to 18 feet in height, and transmit signals in a three-hundred-sixty-degree direction. Also commonly referred to as "omnidirectional," "stick" or "pipe antennae."

APPROVED

Approval by the Building Official as the result of investigation and tests conducted by him/her or by reason of accepted principles or tests by nationally recognized organizations.

AREA

The amount of land surface in a lot, plot or parcel.

AREA REQUIREMENTS

The yard, lot area, lot width, lot coverage and parking requirements as set forth in a specific district.

BASEMENT

That portion of a building that is partly or completely below grade. (The BOCA Basic National Building Code, Building Officials, and Code Administrators International, Inc.)

BED-AND-BREAKFAST INN

A house or portion thereof where short-term lodging rooms and meals are provided.

BEDROOM

Includes any room used principally for sleeping purposes, an all-purpose room, a study or a den, provided that no room having less than one hundred (100) square feet of floor area shall be considered a bedroom.

BILLBOARD

A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered or a commodity sold at a location other than where the sign is located.

BOARDING HOUSE

An establishment with lodging for five (5) or more persons where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu.

BORROW PIT

A place or premises where dirt, soil, sand, gravel and other material is removed below the grade or surrounding land for any purpose other than that necessary and incidental to site grading or building construction.

BUFFER AREA

A landscaped area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.

BUILDING LINE

The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.

BUILDING, EXISTING

A building erected prior to the adoption of this Code or one for which a legal building permit has been issued.

CAMPGROUND OR TRAILER PARK

Any plot of ground upon which a camper or travel trailer is located regardless of whether or not a charge is made for such accommodation. However, such definition shall not include storage of one (1) personal camper or travel trailer upon the property of the owner.

CLUSTER DEVELOPMENT

A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas.

COMMUNICATION TOWER

A freestanding structure designed for the support of one or more communication antennae and including guyed towers, self-supporting (lattice) towers or monopoles. This definition shall also include any tower, column or similar structure mounted on the roof of a building and exceeding fifteen (15) feet in height above the level of the roof at the point of attachment which is designed for the support of one (1) or more communication antennae. This definition shall not include any structure of 35 feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

COMMUNICATION TOWER OPERATOR

Any person or entity that owns or has a legal interest in a communication tower, subject to the requirements of this Chapter and the owner of land upon which a communications tower is located or is proposed to be located pursuant to a pending application. This definition specifically excludes any person or entity who is permitted to place particular equipment on a communication tower but otherwise has no ownership or general possessory interest in the communication tower.

COMMUNICATION TOWER, STEALTH

A communication tower that is designed to blend in with the surrounding environment and which conceals all communication antennae and other equipment from view. A stealth communication tower may be designed to resemble a flag pole or other object.

CONDITIONAL USE

A use that would not be appropriate generally or without restriction throughout the zoning district but, which if controlled as to number, area, location or relation to the neighborhood, would not be detrimental to public health, safety or general welfare.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

DWELLING UNIT

One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping. One (1) or more persons occupying a dwelling unit and living as a single, non-profit housekeeping unit, provided that a group of four (4) or more persons who are not within the second degree of kindship shall not be deemed to constitute a family.

Notwithstanding the definition in the preceding paragraph, a family shall be deemed to include four (4) or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, non-profit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

FLOOD PLAIN OR FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source.

FLOOR AREA, GROSS

The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior face of the walls. It does not include cellars, enclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

GRADE

The finished ground level adjoining the building at all exterior walls.

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.

HEIGHT

The vertical distance to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than ten (10) feet from the front lot line or from the grade in all other cases.

HOME OCCUPATION

Any occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

HOUSING COOPERATIVE

A cooperative with the special purpose of providing housing and related services for its shareholders.

INDUSTRIAL PARK

A planned, coordinated development of a tract with two (2) or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation and open space.

JUNK

Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous material, building materials and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles and parts thereof.

JUNK YARD OR SALVAGE YARD

An establishment, area, or place of business maintained, operated, or used for the storing, keeping, buying, or selling of junk or for the operation of an automobile graveyard, garbage dump or sanitary fill. The presence on any lot or parcel of land of two (2) or more motor vehicles which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

KENNEL

Any structure or premises or commercial activity on which two (2) or more dogs over three (3) months of age are owned, kept, boarded, bred, reared or offered for sale.

LOT

A tract of land defined by metes, bounds, or boundary lines in a recorded deed or on a recorded plat.

LOT COVERAGE

Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.

LOT DEPTH

The average horizontal distance between the front and rear lot lines.

LOT OF RECORD

A lot which is part of a subdivision recorded in the office of the County Recorder or a lot, plot or parcel described by metes and bounds.

LOT WIDTH

The horizontal distance between side lot lines, measured at the building line.

LOT, CORNER

A lot abutting on and at the intersection of two (2) or more streets.

LOT, INTERIOR

A lot other than a corner lot.

LOT, SUBSTANDARD

A lot or parcel of land that has less than the required minimum area or width as established by the zone in which it is located and provided that such lot or parcel was of record as a legally created lot on the effective date of the ordinance codified in this Title.

LOT, THROUGH

A lot having its front and rear yards each abutting on a street.

MANUFACTURED HOME

A residential structure, transportable in two (2) or more sections, which, when erected on site, is nine hundred fifty (950) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A manufactured home is constructed to Housing and Urban Development (HUD) standards and has a Housing and Urban Development (HUD) certification label permanently attached to the exterior of each unit of the home.

MANUFACTURED HOME PARK

Any site, lot, field or tract of land upon which two (2) or more manufactured homes, regardless of whether or not they are occupied or are fit for human habitation in the opinion of the City Building Inspector, are harbored, either free of charge or for revenue purposes and shall include buildings, structures, tents, vehicles or enclosures used or intended to be used as part of the equipment for such manufactured home park.

MOBILE HOME

A residential structure transportable in one (1) unit and less than twenty-four (24) feet wide or any transportable structure built before 1976. A mobile home is constructed or assembled in a factory which conforms to the American National Standards Institute (ANSI) standards for mobile homes. A mobile home may or may not have a Housing and Urban Development (HUD) certification label.

MODULAR HOME

A residential dwelling constructed in compliance with local building codes and composed of two (2) or more components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation system, consisting of concrete footings and walls. The transportation frame is removed from the structure after the structure is placed. A modular home has an attached Missouri Public Service Commission Seal with a tracking number specific to that unit and a data information sheet listing what building codes that specific unit was constructed to meet.

MULTI-FAMILY DWELLING

A residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

NON-CONFORMING BUILDING

Any building that does not meet the limitations on building size and location on a lot, for the district in which such building is located, for the use to which such building is being put.

NON-CONFORMING LOT

A use or activity which lawfully existed prior to the adoption, revision or amendment of this Chapter, but which fails by reason of such adoption, revision or amendment to conform to the use district in which it is located.

NON-CONFORMING USE

That which does not meet the requirements of the use district in which it is located at the time of the effective date of these regulations.

OCCUPIED SPACE

The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this Code. This definition is used in calculating impervious surface ratios.

PARKING SPACE

An on-lot space available for the parking of one (1) motor vehicle and having an area of not less than two hundred (200) square feet, exclusive of space necessary to provide access to a street.

PLANNED UNIT DEVELOPMENT (PUD)

A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements.

PRINCIPAL USE

The main use of land or structures, as distinguished from a secondary or accessory use.

PROPERTY LINE

The line bounding a lot as defined herein as shown or depicted on the official plat, deed or property title instrument for said property parcel.

RECYCLING CENTER

A facility that is not a junk yard and in which recoverable resources, such as newspapers, glassware and metal cans, are collected, stored, flattened, crushed or bundled essentially by hand within a completely enclosed building.

RESIDENTIAL STRUCTURE

A structure containing one (1) or more dwelling units. A manufactured home shall be considered a residential structure when located in a residential district and must meet all requirements for a residential structure.

SIGN

A structure or device designed or intended to convey information to the public in written or pictorial form.

SIGN AREA

The entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices. The calculation for a double-faced sign shall be the area of one (1) face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than twenty-four (24) inches apart.

SIGN, AWNING, CANOPY OR MARQUEE

A sign painted, stamped, perforated or stitched or otherwise applied on the valance of an awning.

SIGN, ELECTRIC MESSAGE BOARD

Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

SIGN, FREESTANDING

A sign supported by one (1) or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.

SIGN, ILLUMINATED

A sign illuminated in any manner by an artificial light source.

SIGN, PORTABLE

Any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.

SIGN, TEMPORARY

A display, informational sign, banner or other advertising device constructed of cloth, canvas, fabric, wood or other temporary material, with or without a structural frame, and intended for a limited period of display, including decorative displays for holidays or public demonstrations.

SIGN, WALL

Any sign temporarily affixed to or displayed on the interior of an establishment so as to be readable from the exterior thereof.

SINGLE-FAMILY DWELLING

A detached residential dwelling unit, other than a manufactured home, designed for and occupied by one (1) family only.

STORY

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and ceiling or roof above.

STRUCTURE

Anything constructed or erected with a fixed location on the ground or attached to something with a fixed location on the ground. Among other things, structures include buildings, walks, fences and billboards.

SUBDIVISION

Any land, vacant or improved, which is divided, resubdivided or consolidated and proposed to be divided into four (4) or more continuous lots, parcels, sites, units, plots or interests for the purpose of offer, sale lead or development, either on an installment plan or upon any and all other plans, terms and conditions. Subdivision includes the division or development of residential and non-residential zoned land whether by deed, metes and bounds description, lease, map or other recorded instrument. Excluding development following previously adopted plans or plats that do not require a change in City services are exempted from subdivision requirements.

TAVERN

An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks are available for consumption on the premises.

TOWN HOUSE

A single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two (2) sides.

TWO-FAMILY DWELLING

A detached residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families.

VARIANCE

A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance.

WIND ENERGY CONVERSION SYSTEMS (WECS)

Any system used or constructed for the purpose of conversion of wind power to energy, regardless of whether or not these systems are experimental or a commercial operation. These structures can also include windmills, wind power turbines and wind chargers.

YARD

Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

YARD, FRONT

A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.

YARD, SIDE

A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side line of the lot.

ZERO LOT LINE

The location of a building on a lot in such a manner that one (1) or more of the building's sides rests directly on a lot line.

ZONE DISTRICT

A portion of the territory of the City, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are not permitted and within which certain yards and open spaces are required and certain height limits are established for buildings.

Any definition not set forth herein shall have the meaning or be synonymous with the definition set forth in Webster's Tenth New Collegiate Dictionary.

"R-1"	Light Density Residential Zone District
"R-2"	Single- and Two-Family Medium Density Residential Zone District
"R-3"	High Density New Multi-Family Residential Zone District
"R-4"	Manufactured Home Park Zone and Manufactured Home Regulation
"R-5"	Existing High Density Multi-Family Residential Zone District
"MU-1"	Mixed Use District (allowing for combination of residential, neighborhood, commercial and light industrial uses in compact, compatible groupings in older neighborhoods)
"C-1"	General Commercial District
"C-2"	Existing Central Business District (CBD) Zone
"C-3"	Highway Commercial/Business Zone District
"I-1"	Light Industrial Zone District
"I-2"	Heavier Industrial Zone District
"O-1"	Open Space Zone District
"F-1"	Floodplain Zone District
"P"	Zone District