[Ord. No. 020227 §1(2.2), 2-27-2002; Ord. No. 060313 §1, 3-13-2006; Ord.
No. 070611 §1, 6-25-2007; Ord. No. 081222B §5(Exh.
A §1), 12-22-2008; Ord. No. 120409E §1, 4-9-2012]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this Chapter, have the meanings herein indicated.
Where words have not been defined, the standard dictionary definition
shall prevail.
ACCESSORY APARTMENT
A separate complete dwelling unit substantially contained
within the structure of a single-family detached dwelling.
ACCESSORY STRUCTURE
A structure which is:
1.Â
Subordinate to and serves a principal structure;
2.Â
Subordinate in area, extent or purpose to the principal structure;
3.Â
Contributes to the comfort, convenience or necessity of occupants
of the principal structure;
4.Â
Located on the same lot as the principal structure and shall
include all structures whether or not they are permanently affixed
to the ground by foundation or otherwise.
ACCESSORY USE
A use which is:
1.Â
Subordinate to and serves a principal use;
2.Â
Subordinate in area, extent or purpose to the principal use;
3.Â
Contributes to the comfort, convenience or necessity of occupants
of the principal use;
4.Â
Located on the same lot as the principal use.
ACRE
A measure of land containing forty-three thousand five hundred
sixty (43,560) square feet.
ACT
The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 and as may, from time to time, be amended.
ADMINISTRATIVE OFFICIAL
Except as otherwise specifically provided, primary responsibility
for administering and enforcing the Willard Land Development Regulations
may be assigned by the Board of Aldermen to one (1) or more individuals
in the employ of the City. The person or persons to whom these functions
are assigned shall be referred to as "Administrative Official".
ADULT CABARET
A building or portion of a building regularly featuring dancing
or other live entertainment that constitutes the primary live entertainment
and is distinguished or characterized by an emphasis on the exhibiting
of specific sexual activities or specified anatomical areas for observation
by the patrons therein.
ADULT MEDIA STORE
An establishment where twenty-five percent (25%) or more
of the gross public floor area and/or twenty-five percent (25%) of
the stock in trade is devoted to the rental and/or sale of magazines,
books, videotapes, movies, slides, cd-roms or other devices used to
record computer images, cable television or any other media distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specific sexual activities or specified anatomical areas.
AGRICULTURAL USE
The production, keeping or maintenance, sale, lease or personal
use of plants and animals, including, but not limited to: forages
and sod crops; grain and seed crops; dairy animals and dairy products;
poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules and goats or any hybrids thereof, including
the breeding and grazing of all kinds of such animals; bees and apiary
products; fur animals; trees for forest products; fruits; vegetables;
nursery, floral, ornamental and greenhouse products; the necessary
accessory uses for packing, treating or storing such agricultural
produce provided that the operation of any such accessory uses shall
be secondary to that of normal agricultural activities; and land devoted
to soil conservation or forestry management; but excluding feed lots,
confined animal or poultry feeding facilities, stockyards and slaughterhouses.
AIRPORT RUNWAY
A surface used for landing or taking off of aircraft which
is shown on a duly adopted airport master plan of the City of Springfield
and includes all such runways shown thereon, whether existing or proposed,
including extension of such runways.
ALLEY
A dedicated public right-of-way, other than a street, designed
to extend only secondary access to the side or rear of properties
whose principal frontage and access is on some other street.
ALTERATION
A physical change to one (1) or more exterior features of
a structure which includes, but is not limited to, the erection, construction,
reconstruction or removal of any feature of the structure.
ANIMAL, FARM
Any livestock or other animal raised for commercial or agricultural
purposes as defined under "AGRICULTURAL USE".
ANIMAL, HOUSEHOLD PET
Any animal normally and customarily kept by domestic households
for pleasure and companionship, excluding poultry, cows, livestock,
chinchillas, horses, goats, sheep, monkeys, pigs and other similar
animals and fowl.
ANIMAL, NON-DOMESTIC
Any feline other than domestic house cat, non-human primate,
bear, wolf, coyote, fox, venomous reptile or any other animals or
crossbreed of such animals which have similar characteristics or are
dangerous or unsafe for contact with humans.
ANTENNA SUPPORT STRUCTURE
Any building or other structure other than a tower that can
be used for location of wireless telecommunications facilities.
APPLICANT
A person submitting an application for an amendment, plat,
permit, variance, appeal, license or any other land development approval
as required by this Chapter.
BASEMENT
A story partly or wholly below grade. A basement shall be
considered a story if the vertical distance between the ceiling and
the average level of the adjoining ground is more than three (3) feet
or if the basement is used for business or dwelling purposes.
BED AND BREAKFAST
A dwelling or portion thereof that contains guest rooms where
short-term lodging, with or without meals, is provided for compensation.
BERM
A mound of earth typically located in a buffer yard to block
noise, lights or other nuisances.
BLOCK
A parcel of land intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or greenways, rural land or drainage
channels or a combination thereof.
BOARD OF ADJUSTMENT
The appellate body appointed by the Willard Board of Aldermen
to assist in the administration of this Chapter, pursuant to Sections
89.010 — 89.170, RSMo.
BOARDING HOUSE (ALSO LODGING OR ROOMING HOUSE)
A building, other than a hotel or apartment, where, for compensation
and by pre-arrangement for definite periods, lodging, meals or lodging
and meals are provided for three (3) or more persons, but not exceeding
twenty (20) persons.
BUFFER YARD
A land area containing trees, shrubs and other plants, berms,
fences or walls used to separate one use from another or to block
noise, lights or other nuisances.
BUILDABLE AREA
The portion of a lot remaining after the yard setbacks and
open space requirements of the zoning regulations have been met.
BUILDING
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons, animals or property and which
is permanently affixed to the ground.
BUILDING COVERAGE
The horizontal area measured within the exterior walls of
the ground floor of all principal and accessory buildings on a lot
divided by the gross area of the lot.
BUILDING HEIGHT
The vertical distance from the grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING LINE
A line or lines indicating the distance from the property
line behind which all enclosed portions of the building must be located.
BULK REGULATIONS
Regulations controlling the size of structures and the relationship
of structures and uses to each other and to open areas and lot lines.
Bulk regulations include regulations controlling (1) maximum height,
(2) maximum lot coverage, (3) maximum floor area ratio and (4) minimum
size of yards and setbacks.
BULK STORAGE
The storage of chemicals, petroleum products and other materials
in above ground containers for subsequent resale to distributors,
retail dealers or outlets.
CAMPGROUND
An area or premises in which space is provided for transient
occupancy or use by tourists occupying recreational vehicles, camping
trailers or tents.
CEMETERY
Property used for interring the dead, including mausoleums.
CHILD DAY-CARE CENTER
A child day-care center or center, whether known or incorporated
under another title or name, is a child-care program conducted in
a location other than the provider's permanent residence, or separate
from the provider's living quarters, and licensed by the Department
of Health and Senior Services of the State of Missouri where care
is provided for children not related to the child care provider for
any part of the twenty-four-hour day.
[Ord. No. 190923, 9-23-2019]
CHURCH
At a minimum, a church includes a body of believers or communicants
that assembles regularly in order to worship. Unless the organization
is reasonably available to the public in its conduct of worship, its
educational instruction, and its promulgation of doctrine, it cannot
fulfill the associational role that courts have increasingly adopted
as a threshold for determining when an organization qualifies as a
church. Other key factors to consider include whether the organization
has a distinct legal existence, recognized creed and form of worship,
definite and distinct ecclesiastical government, a formal code of
doctrine and discipling, distinct religious history, membership not
associated with any other church or denomination, organization of
ordained ministers, ordained ministers selected after completing prescribed
studies, literature of its own, established places of worship, regular
congregations, and regular religious services. No single factor is
controlling but having regular meetings with a regular congregation
should be weighted more heavily than some of the other factors.
[Ord. No. 190923, 9-23-2019]
CITY
The City of Willard, a municipal corporation in the State
of Missouri, acting by and through its officers, employees, representatives,
agents and assigns.
CLINIC, MEDICAL OR DENTAL
An establishment where human patients are admitted for examination
and/or treatment by one (1) or more physicians, dentists, psychologists
or social workers, but where patients are not provided with room or
board nor lodged overnight.
CLUB, PRIVATE
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
CLUSTER SUBDIVISION
A development approach intended to preserve environmentally
sensitive or unique features by clustering or grouping buildings on
a portion of a tract or site and devoting the remaining land to prescribed
common or public uses such as open space or recreation.
COMMISSION
The Planning and Zoning Commission of the City of Willard,
Missouri.
COMMON OPEN SPACE
Land or water or a combination thereof within or related
to a planned residential development, not individually owned or dedicated
for public use, which is designed and intended for the common use
or enjoyment of the residents of the development. It may include complementary
structures and improvements approved as part of the general development
plan. Common open space does not include streets, alleys, off-street
parking or loading for public use and stormwater detention areas.
COMMUNICATIONS OR TELECOMMUNICATIONS
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change in
the form or content of the information as sent or received, by wire,
radio, optical cable, electronic impulses or other similar means.
As used in this definition, "information" means knowledge
or intelligence represented by any form of writing, signs, signals,
pictures, sounds or any other symbols.
COMPENSATION
The receiving of goods, services or money in exchange for
or as a result of a service performed.
COMPREHENSIVE PLAN
The Willard Comprehensive Plan which is the long-range plan
for the desirable use of land in the City of Willard as officially
adopted and as amended from time to time by the Planning and Zoning
Commission; the purpose of such plan being to serve as a guide in
the zoning and progressive changes in the zoning of land to meet changing
community needs in the appropriate subdividing and development of
land; in the acquisition of rights-of-way or sites for such public
facilities as streets, parks, schools and other public buildings;
and in the installation of public utilities and other infrastructure
to protect the health, safety and welfare of the public.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
showing that such use in a specific location will comply with all
the conditions and standards for the location or operation of such
use as specified in this Chapter and as authorized by the Board of
Aldermen.
CONDOMINIUM
A building, group of buildings or property in which units
are owned individually and the common elements are owned by all the
owners on a proportional, undivided basis.
CONSTRUCTION
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
CUL-DE-SAC
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
CURB GRADE
The mean level of the curb in front of the lot or, in the
case of a corner lot, along that abutting street where the mean curb
grade is the highest.
DAY CARE CENTER
A facility, other than the provider's permanent residence,
where child day care is provided for any part of a twenty-four (24)
hour day.
DAY CARE HOME, FAMILY
A home, occupied by the day care provider, in which care
is given to four (4) or less children, not including children related
to the provider, for any part of a twenty-four (24) hour day. The
maximum number of children under the age of two (2) years shall be
two (2).
DAY CARE HOME, GROUP
A home, occupied by the day care provider, in which care
is given to five (5) but not more than ten (10) children, not including
children related to the provider, for any part of a twenty-four (24)
hour day. The maximum number of children under the age of two (2)
years shall be two (2), unless there is a full-time adult assistant,
in which case the maximum number of children under the age of two
(2) years shall be four (4).
DENSITY
The permitted number of dwelling units per gross acre of
land to be developed.
DESIGN STANDARDS FOR PUBLIC IMPROVEMENTS
The City of Willard Design Standards for Public Improvements
as officially adopted and as may be amended by the Board of Aldermen,
which establishes standards, specifications and procedures for design
and installation of public infrastructure in the City.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land
included in a proposed development or the duly authorized agent thereof,
including all persons, corporations or other legal entity, engaged
in the construction, development, building or installation of any
building or facility within the City of Willard, Missouri.
2.Â
SUBSEQUENT DEVELOPERThe developer who utilizes off-site public improvements installed by the original developer.
DEVELOPMENT
A construction project involving substantial property improvement
and, usually, a change of land use character within the site; the
act of using land for building or extractive purposes.
DISTRICT
A part, zone or area within the City of Willard, within which
certain zoning regulations apply and are uniform.
DRIVE-IN ESTABLISHMENT
An establishment which accommodates the patrons' vehicles
and from which the occupants of the vehicles may make purchases, transact
business or be entertained while remaining in their vehicles.
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, excluding hotels, motels, boarding, rooming and lodging
houses, travel trailers/recreational vehicles and recreational vehicle
parks.
DWELLING, DUPLEX (TWO-FAMILY)
A structure on a single lot containing two (2) dwelling units,
each of which share a common wall and in which each dwelling unit
has living space on the ground floor and a separate ground floor entrance.
DWELLING, MULTI-FAMILY
A structure on a single lot containing three (3) or more
dwelling units, each of which is totally separated from the other.
DWELLING, SINGLE-FAMILY SEMI-DETACHED
A dwelling unit attached to one (1) or more dwelling units
by common vertical walls, with each dwelling unit located on a separate
lot. This may include patio-court house or zero lot line house.
DWELLING, TOWN HOUSE
A dwelling unit in a row of at least three (3) such units
in which each unit has its own front and rear access to the outside
and each unit is separated from any other unit by at least one (1)
common wall.
EASEMENT
A grant by the property owner for the public or private use
of a tract of land for specific purposes.
ENGINEER
A registered professional engineer in good standing in the
State of Missouri.
FACILITY
All buildings, residences, residential development or subdivisions,
commercial buildings and all structures or improvements of all kinds
to be located, placed, built, installed or substantially improved
within the City limits of Willard.
FAMILY
One (1) or more persons related by blood, marriage, adoption,
guardianship or duly authorized custodial relationship or two (2)
unrelated people and any children related to or legally cared for
by either of them or a group of not more than five (5) unrelated individuals,
living together as a single housekeeping unit. A family may include,
in addition hereto, not more than two (2) boarders, roomers or domestic
servants.
FLEA MARKETS
An indoor establishment, not including shopping centers,
individual retail operations or sales conducted by a non-profit or
charitable organization, that is open to the general public and composed
of five (5) or more stalls, rooms, stands or spaces used for the purpose
of display and sale, exchange or barter of merchandise and where a
fee may be charged to prospective buyers for admission and a fee may
be charged for the privilege of offering or displaying such merchandise.
FRONTAGE
That part of a lot or premises immediately adjacent to a
street or streets without regard to access to or elevation of the
street or streets.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies before burial or cremation,
but excluding facilities for cremation and places of worship.
GARAGE, PRIVATE
A detached accessory building or portion of a main building
housing the passenger vehicles or trailers of the occupants of the
premises.
GARAGE, PUBLIC
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, storing or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair
shop nor the rebuilding, dismantling or storage of wrecked or junked
vehicles.
GARAGE, STORAGE
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients, and at which motor fuels
and oils are not sold and motor-driven vehicles are not equipped,
repaired, hired or sold.
GRADE
The average level of the finished surface of the ground is
the sidewalk elevation. If there is more than one (1) street, an average
sidewalk elevation is to be used. If there is no sidewalk, the finished
grade shall be equal to the street centerline grade.
GREENHOUSE
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
GROSS FLOOR AREA
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
GROUP HOME, CUSTODIAL
A dwelling in which more than ten (10) unrelated physically
and mentally impaired persons reside with house parents or guardians.
GROUP HOME, RESIDENTIAL
A single-family dwelling in which no more than ten (10) persons
reside, comprised of the following: eight (8) or fewer unrelated mentally
or physically handicapped or impaired persons, no more than two (2)
persons acting as house parents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the dwelling and the children of the house parents
or guardians.
HAZARDOUS SUBSTANCE
1.Â
Any material or waste which poses a present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
2.Â
Any material which is hazardous within the meaning of any Federal,
State or local law, regulation or ordinance, including, but not limited
to:
a.Â
The Federal Resource Conservation and Recovery Act, as amended,
42 U.S.C. 6901, et seq.;
b.Â
Substances regulated under the Federal Toxic Substances Control
Act, as amended, 15 U.S.C. 2601, et seq.;
c.Â
Substances described or regulated as hazardous or toxic under
Missouri State Statutes or regulations; or
d.Â
Substances described or regulated as hazardous or toxic under
the ordinances or regulations of the City of Willard.
HEIGHT
The vertical distance of a structure measured from the average
established grade at the street lot line or from the average natural
ground level, if higher; or if no street grade has been established,
to the highest point of the roof's surface if a flat surface; to the
deck line of mansard roofs; and to the mean height level between eaves
and ridge for hip or gable roofs.
HOME OCCUPATION
An activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit or accessory building.
HOSPITAL
An institution licensed by the Missouri Department of Health,
providing primary health services and medical or surgical care to
the sick and injured and including as an integral part of the institution
in-patient or overnight accommodations and related facilities such
as laboratories and out-patient facilities.
HOTEL
A facility offering transient lodging accommodations on a
daily rate to the general public.
IMPERVIOUS SURFACE
Any part of a lot that is covered by buildings, structures,
parking areas, driveways and any other surfaces which reduce or prevent
absorption of stormwater.
IMPROVEMENTS
Physical construction or changes, such as clearing, grading,
street surfacing, curbs and gutters, sidewalks, crosswalks, culverts,
bridges, water and sanitary sewer lines, storm sewer facilities, other
utilities and other required features.
KENNEL
An establishment licensed to operate a facility housing dogs,
cats or other household pets and where grooming, breeding, boarding,
training, or selling of animals is conducted as a business.
LOADING SPACE
An off-street space 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.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
LOT, CORNER
A lot abutting the intersection of 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, FRONT OF
The front of a lot shall be considered to be that side of
the lot that fronts a street. In the case of a corner lot, the narrowest
side fronting on the street shall be considered to be the front of
the lot.
LOT LINE, FRONT
The lot line separating a lot from the street. On a corner
lot, the shortest lot line abutting a street is the front lot line;
on a through lot, both lot lines abutting the streets are front lot
lines; on an irregular shaped lot, the front lot line is the lot line
most parallel to the abutting street.
LOT LINE, REAR
Any lot line not a front or side lot line. The rear lot line
for a triangular shaped lot shall be a line ten (10) feet long drawn
between the lot's side lot lines and parallel to the front lot line.
LOT LINE, SIDE
The lot lines that intersect with a lot's front lot line.
LOT OF RECORD
A lot that is part of a recorded subdivision or a parcel
of land on a plat or deed that has been recorded by the Greene County
Recorder of Deeds.
LOT, THROUGH
A lot having frontage on two (2) parallel streets or which
fronts upon two (2) streets that do not intersect at the boundaries
of the lot.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth along a line parallel to the front
lot line at the minimum required building setback line.
LOW INTENSITY
Maximum floor area ratio provides more restrictive requirements
to minimize the impact to adjacent properties.
[Ord. No. 170911A § 1, 9-25-2017]
MANUFACTURED HOME
A transportable, factory-built dwelling, composed of one
(1) or more components, manufactured under the authority of 42 U.S.C.
Section 5401, Federal Manufactured Housing Construction and Safety
Standards Act, which bears the seal of the State of Missouri Public
Service Commission, U.S. Department of Housing and Urban Development
or its agent and which, in the traveling mode, is twelve (12) body
feet or more in width and forty (40) body feet or more in length and,
when erected on site, contains nine hundred (900) or more square feet
of living area, equipped with the necessary service connections and
made so as to be readily movable as a unit on its own running gear
and designed to be used as a dwelling unit with or without a permanent
foundation.
MANUFACTURED HOME PARK
An area with required improvements and utilities for the
long- term placement of manufactured homes for dwelling purposes.
The site may also include services and facilities for residents of
the development.
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 (3/10 of 1%) on a dry-weight basis,
or commodities or products manufactured from industrial hemp.
[Ord. No. 190923, 9-23-2019]
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. 190923, 9-23-2019]
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 testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 190923, 9-23-2019]
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
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 190923, 9-23-2019]
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 testing
facility, or to another medical marijuana-infused products manufacturing
facility.
[Ord. No. 190923, 9-23-2019]
MOBILE HOME
A transportable, factory-built home designed to be used as
a year-round residential dwelling and built prior to June 16, 1976,
the effective date of the Federal Manufactured Housing Construction
and Safety Standards Act of 1974. The placement of mobile homes within
the City of Willard is prohibited.
MODULAR HOME
A dwelling unit built to a nationally recognized and accepted
construction standard published by the Building Officials Conference
of America (BOCA) or the International Conference of Building Officials
(ICBO) or its successor consisting of components substantially built
and assembled in a manufacturing plant and transported to the building
site for final assembly on a permanent foundation. The dwelling unit
shall be inspected and certified at the factory that it meets said
building construction standard. A modular home shall not have its
own running gear and on-site service connections and foundation shall
be in accordance with the requirements of the City of Willard's building
regulations.
MOTEL
An establishment in which transient accommodations are provided
on a daily rate to the general public.
NON-CONFORMING LOT
An existing lot of record that does not comply with the minimum
lot size or area requirements for its zoning district, but which complied
with applicable regulations at the time the lot was created and recorded.
NON-CONFORMING USE
The use of land or a building or portion thereof that does
not comply with the use regulations for its zoning district but which
complied with applicable regulations at the time the use was established.
NURSERY
A place where trees, shrubs or flowering plants are raised
for commercial purposes from seed or otherwise in order to be transplanted
or propagated.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner
of a lot on records of the Greene County Recorder of Deeds.
PARK/RECREATIONAL AREAS
May include, but are not limited to, playground, picnic areas,
trail ways, tennis courts, racquetball courts, roller blade/skateboard
parks or other improvements as determined during the review process.
These areas will normally include areas of open/green space to accommodate
supporting improvements such as landscaping improvements, parking
areas and other similar improvements.
PARKING SPACE
A space within a building or a private or public parking
area for the parking of one (1) vehicle.
PERSONAL SERVICE USES
Establishments for the sale of non-medically related personal
services or an establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel,
but not including personal storage.
PLANNED DEVELOPMENT
A tract of land under single ownership, planned and developed
as an integral unit and consisting of a combination of residential
uses of differing densities or a combination of residential and non-residential
uses of land within a planned development district (PD).
PLAT, FINAL
The final plat, plan or drawing and any accompanying required
data or information that is submitted to the Planning and Zoning Commission
and the Board of Aldermen for final approval of a proposed subdivision.
PLAT, PRELIMINARY
The preliminary or tentative plat or plan, map or drawing
on which the layout and design of a proposed subdivision is submitted
to the Planning and Zoning Commission and the Board of Aldermen for
consideration and tentative approval.
PREMISE
Any tract of land, consisting of one (1) or more los, under
single or multiple ownership, which operates as a functional unit.
When developed, a premise shall also possess one (1) or more of the
following criteria:
5.Â
Shared circulation.
Exception: If the only criteria is "common
access" or "shared circulation" as a result of requirements from the
City or State of Missouri to control access to a public way, then
one (1) or more of the other criteria must be present before the tract
of land can be defined as a "premise".
|
PRINCIPAL STRUCTURE
A structure or group of structures in which the principal
use of the lot on which it is located is conducted.
PUBLIC
Maintained for or used by the people of the City of Willard
on a non-commercial basis.
PUBLIC IMPROVEMENT
The installation, construction, addition or betterment of
any new or existing physical development dedicated to the public or
intended for public use, such as streets, sidewalks, drainage, detention
and stormwater facilities, water mains and lines, wastewater mains
and facilities, park/recreational areas and may include on-site and/or
off-site improvements.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 190923, 9-23-2019]
RETIREMENT HOME
A residential facility designed to meet the needs of senior
citizens and which may include convalescent care facilities.
SCHOOL
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 190923, 9-23-2019]
SETBACK
The required minimum horizontal distance between the nearest
front, side or rear line of every structure and the front line of
the lot.
SIGN
Any words, numbers, figures, devices, designs or trademark by which anything is made known, such as are used to designate an individual, a firm, profession, business or a commodity and which are visible from any public street. See Article
X for definitions of sign types.
SPECIFIC SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal
or acts of human masturbation, sexual intercourse, sodomy or fondling
or other erotic touching of human genitals, pubic region, buttock
or female breast.
SPECIFIED ANATOMICAL AREAS
1.Â
Less than completely and opaquely covered human genitals, pubic
region, buttock and female breast below a point immediately above
the top of the areola; and
2.Â
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
STEALTH
Any towers or telecommunications facilities that are designed
to blend into the surrounding environment.
STORAGE, PERSONAL
A building or buildings, commonly referred to as mini-storage,
comprised of individual, self-contained units available on a rental
basis for storage of business and household goods.
STORY
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it or, if there is 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. A half story containing
independent apartments or living quarters shall be counted as a full
story.
STREET
A public or private way used or intended to be used for passage
or travel by motor vehicles. Streets are classified by the functions
they perform as follows:
1.Â
STREET, ARTERIALA street intended to provide for high-volume, moderate-speed traffic movement through the community and between major activity centers. Access to abutting property is subordinate to the flow of traffic and entrances and exits to the arterial are subject to control.
2.Â
STREET, COLLECTORA street that collects and distributes traffic to and from local streets and arterial streets and is intended to provide for low to moderate-volume and low-speed, shorter length trips. The function of traffic movement and property access are balanced.
3.Â
STREET, LOCALA street intended to provide access to abutting property and designed for low-volume, low-speed traffic.
STREET LINE
A dividing line between a lot, parcel or tract and a contiguous
street.
STREET WIDTH
The horizontal distance between the outside edges of a street's
pavement, including any curbing and guttering, measured at right angles
to the street's centerline.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground.
SUBDIVIDER
Any person, firm, partnership, corporation or other entity,
acting as a unit, subdividing or proposing to subdivide land herein
defined.
SUBDIVISION
The division of a parcel of land into two (2) 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.
SURVEYOR
A registered land surveyor in the State of Missouri.
SWAP MEET
An indoor or outdoor activity where new or used goods or
secondhand personal property is offered for sale or exchange to the
general public by a multitude of individual licensed vendors, usually
in compartmentalized spaces; and where a fee may be charged to prospective
buyers for admission and a fee may be charged for the privilege of
offering or displaying such merchandise.
TAVERN
An establishment where fifty percent (50%) or more of gross
income is derived from the sale of alcoholic beverages by the drink
for consumption on the property and where the serving of food and
non-alcoholic beverages for consumption on the property may be accessory
uses.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the wireless transmission
or reception of wireless telecommunications as authorized by the FCC
which a person seeks to locate or has installed upon a tower or antenna
support structure. However, the term "telecommunications facilities" shall not include:
1.Â
Any satellite earth station antenna two (2) meters in diameter
or less which is located in an area zoned and used for industrial
or commercial purposes.
2.Â
Any satellite earth station antenna one (1) meter or less in
diameter, regardless of zoning category.
3.Â
Any satellite earth station in excess of two (2) meters in diameter
which is utilized for the reception of broadcast television, video
or radio signals and which is an ancillary use to a structure on the
premises of the holder of the broadcast license.
TOWER
A self-supporting lattice, guyed or monopole structure constructed
from grade which supports wireless telecommunications facilities.
The term "tower" shall not include amateur radio
operators' equipment as licensed by the FCC or utility poles that
are utilized for the support of electrical, telephone, cable television
or other similar cables and wires, are located on public rights-of-way
or easements for that purpose and are part of a system of such poles
throughout the City of Willard, Missouri.
TRACT
A lot. The term "tract" is used interchangeably
with the term "lot", particularly in the context
of subdivisions, where one (1) tract is subdivided into several lots.
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 grant of permission that permits the recipient to not comply
with a specific provision of this Chapter, granted because of the
practical difficulties or unnecessary hardship that would be imposed
by the strict application of that provision of the ordinance.
VEHICLE, COMMERCIAL
Any vehicle designed, maintained, or used primarily for the
transportation of property or persons for hire.
WORKING DAYS
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the City of
Willard.
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, except as otherwise provided in this Chapter.
YARD, FRONT
An open space extending across the full width of the lot
between the principal building and the front lot line and measured
perpendicular to the front lot line. On a corner lot the front yard
shall be considered as parallel to the street upon which the lot has
its least dimension.
YARD, REAR
An open space extending across the full width of the lot
between the nearest principal building and the rear lot line and measured
perpendicular to the rear lot line.
YARD, SIDE
An open space extending from the front yard to the rear yard
between the nearest principal building and the side lot line and measured
perpendicular from the side lot line.